Bill Text: TX HB1458 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the separation based on biological sex of athletics teams sponsored by a public school or institution of higher education.
Spectrum: Partisan Bill (Republican 77-0)
Status: (Introduced - Dead) 2021-03-05 - Referred to State Affairs [HB1458 Detail]
Download: Texas-2021-HB1458-Introduced.html
87R3615 KJE-D | ||
By: Swanson | H.B. No. 1458 |
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relating to the separation based on biological sex of athletics | ||
teams sponsored by a public school or institution of higher | ||
education. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Subchapter D, Chapter 33, Education Code, is | ||
amended by adding Section 33.0815 to read as follows: | ||
Sec. 33.0815. SEPARATION OF ATHLETICS TEAMS BASED ON | ||
BIOLOGICAL SEX. (a) Each interscholastic, intramural, or other | ||
extracurricular athletic team sponsored by a school district or | ||
open-enrollment charter school shall be designated for | ||
participation by: | ||
(1) only students of the same biological sex; or | ||
(2) students of both biological sexes. | ||
(b) A biologically male student may not participate in an | ||
athletic team described by Subsection (a) that is designated for | ||
participation by only biologically female students. | ||
(c) The University Interscholastic League, a state agency, | ||
or a political subdivision of the state may not take adverse action | ||
against a school district or open-enrollment charter school for | ||
complying with this section. | ||
(d) A student may bring an action for relief as provided by | ||
Subsection (f) if the student is: | ||
(1) deprived of an athletic opportunity or suffers | ||
harm as a result of a violation of this section by a school district | ||
or open-enrollment charter school; or | ||
(2) subject to retaliation or other adverse action by | ||
a school district or open-enrollment charter school or the | ||
University Interscholastic League as a result of reporting a | ||
violation of this section. | ||
(e) A school district or open-enrollment charter school may | ||
bring an action for relief as provided by Subsection (f) if the | ||
district or school suffers harm as a result of a violation of this | ||
section by the University Interscholastic League, a state agency, | ||
or a political subdivision of the state. | ||
(f) A student, school district, or open-enrollment charter | ||
school that brings an action for relief under this section may | ||
receive: | ||
(1) injunctive relief to compel the applicable entity | ||
to comply with this section; | ||
(2) compensatory damages; and | ||
(3) court costs and reasonable attorney's fees. | ||
(g) An action under this section must be brought not later | ||
than two years after the date on which the conduct giving rise to | ||
the action is alleged to have occurred. | ||
SECTION 2. Subchapter Z, Chapter 51, Education Code, is | ||
amended by adding Section 51.980 to read as follows: | ||
Sec. 51.980. SEPARATION OF ATHLETICS TEAMS BASED ON | ||
BIOLOGICAL SEX. (a) In this section, "institution of higher | ||
education" has the meaning assigned by Section 61.003. | ||
(b) Each interscholastic, intramural, or other | ||
extracurricular athletic team sponsored by an institution of higher | ||
education shall be designated for participation by: | ||
(1) only students of the same biological sex; or | ||
(2) students of both biological sexes. | ||
(c) A biologically male student may not participate in an | ||
athletic team described by Subsection (b) that is designated for | ||
participation by only biologically female students. | ||
(d) A state agency or political subdivision of the state may | ||
not take adverse action against an institution of higher education | ||
for complying with this section. | ||
(e) A student may bring an action for relief as provided by | ||
Subsection (g) if the student is: | ||
(1) deprived of an athletic opportunity or suffers | ||
harm as a result of a violation of this section by an institution of | ||
higher education; or | ||
(2) subject to retaliation or other adverse action by | ||
an institution of higher education as a result of reporting a | ||
violation of this section. | ||
(f) An institution of higher education may bring an action | ||
for relief as provided by Subsection (g) if the institution suffers | ||
harm as a result of a violation of this section by a state agency or | ||
political subdivision of the state. | ||
(g) A student or institution of higher education that brings | ||
an action for relief under this section may receive: | ||
(1) injunctive relief to compel the applicable entity | ||
to comply with this section; | ||
(2) compensatory damages; and | ||
(3) court costs and reasonable attorney's fees. | ||
(h) An action under this section must be brought not later | ||
than two years after the date on which the conduct giving rise to | ||
the action is alleged to have occurred. | ||
SECTION 3. (a) Section 33.0815, Education Code, as added by | ||
this Act, applies beginning with the 2021-2022 school year. | ||
(b) Section 51.980, Education Code, as added by this Act, | ||
applies beginning with the 2021-2022 academic year. | ||
SECTION 4. This Act takes effect immediately if it receives | ||
a vote of two-thirds of all the members elected to each house, as | ||
provided by Section 39, Article III, Texas Constitution. If this | ||
Act does not receive the vote necessary for immediate effect, this | ||
Act takes effect September 1, 2021. |