Bill Text: TX HB185 | 2021 | 87th Legislature 1st Special Session | Introduced
Bill Title: Relating to requiring public school and public institution of higher education students to compete in interscholastic athletic competitions based on biological sex.
Sponsorship: Partisan Bill (Republican 5)
Status: (Introduced - Dead) 2021-07-09 - Filed [HB185 Detail]
Download: Texas-2021-HB185-Introduced.html
| 87S10245 KJE-F | ||
| By: Swanson | H.B. No. 185 | |
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| relating to requiring public school and public institution of | ||
| higher education students to compete in interscholastic athletic | ||
| competitions based on biological sex. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter D, Chapter 33, Education Code, is | ||
| amended by adding Section 33.0834 to read as follows: | ||
| Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED | ||
| ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an | ||
| interscholastic athletic team sponsored or authorized by a school | ||
| district or open-enrollment charter school may not allow a student | ||
| to compete in an interscholastic athletic competition sponsored or | ||
| authorized by the district or school that is designated for the | ||
| biological sex opposite to the student's biological sex as | ||
| correctly stated on: | ||
| (1) the student's official birth certificate, as | ||
| described by Subsection (c); or | ||
| (2) if the student's official birth certificate | ||
| described by Subdivision (1) is unobtainable, another government | ||
| record. | ||
| (b) An interscholastic athletic team described by | ||
| Subsection (a) may allow a female student to compete in an | ||
| interscholastic athletic competition that is designated for male | ||
| students if a corresponding interscholastic athletic competition | ||
| designated for female students is not offered or available. | ||
| (c) For purposes of this section, a statement of a student's | ||
| biological sex on the student's official birth certificate is | ||
| considered to have correctly stated the student's biological sex | ||
| only if the statement was: | ||
| (1) entered at or near the time of the student's birth; | ||
| or | ||
| (2) modified to correct a clerical error in the | ||
| student's biological sex. | ||
| (d) The University Interscholastic League shall adopt rules | ||
| to implement this section, provided that the rules must be approved | ||
| by the commissioner in accordance with Section 33.083(b). | ||
| SECTION 2. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.980 to read as follows: | ||
| Sec. 51.980. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON | ||
| BIOLOGICAL SEX. (a) In this section, "institution of higher | ||
| education" has the meaning assigned by Section 61.003. | ||
| (b) Except as provided by Subsection (c), an | ||
| interscholastic athletic team sponsored or authorized by an | ||
| institution of higher education may not allow a student to compete | ||
| in an interscholastic athletic competition sponsored or authorized | ||
| by the institution that is designated for the biological sex | ||
| opposite to the student's biological sex as correctly stated on: | ||
| (1) the student's official birth certificate, as | ||
| described by Subsection (d); or | ||
| (2) if the student's official birth certificate | ||
| described by Subdivision (1) is unobtainable, another government | ||
| record. | ||
| (c) An interscholastic athletic team described by | ||
| Subsection (b) may allow a female student to compete in an | ||
| interscholastic athletic competition that is designated for male | ||
| students if a corresponding interscholastic athletic competition | ||
| designated for female students is not offered or available. | ||
| (d) For purposes of this section, a statement of a student's | ||
| biological sex on the student's official birth certificate is | ||
| considered to have correctly stated the student's biological sex | ||
| only if the statement was: | ||
| (1) entered at or near the time of the student's birth; | ||
| or | ||
| (2) modified to correct a clerical error in the | ||
| student's biological sex. | ||
| SECTION 3. (a) Section 33.0834, 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 on the 91st day after the last day of the | ||
| legislative session. | ||
