Bill Text: TX SB15 | 2021 | 87th Legislature 3rd Special Session | Introduced
Bill Title: Relating to the provision of certain gender-affirming therapy and counseling to children.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-09-08 - Filed [SB15 Detail]
Download: Texas-2021-SB15-Introduced.html
| By: Hall | S.B. No. 15 | |
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| relating to the provision of certain gender-affirming therapy and | ||
| counseling to children. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 161, Health and Safety Code, is amended | ||
| by adding Subchapter X to read as follows: | ||
| SUBCHAPTER X. GENDER-AFFIRMING THERAPY AND COUNSELING FOR CHILDREN | ||
| Sec. 161.701. DEFINITIONS. In this subchapter: | ||
| (1) "Child" means an individual who is younger than 18 | ||
| years of age. | ||
| (2) "Governmental entity" means this state, a | ||
| political subdivision of this state, or an agency of this state or a | ||
| political subdivision of this state. | ||
| (3) "Mental health provider" means a person licensed | ||
| by this state to provide professional therapy or counseling | ||
| services. | ||
| Sec. 161.702. PROVISION OF CERTAIN GENDER-AFFIRMING | ||
| THERAPY AND COUNSELING TO CHILDREN. (a) A mental health provider | ||
| may not provide gender-affirming therapy or counseling to a child | ||
| to treat gender dysphoria if the purpose of the therapy or | ||
| counseling is to affirm a gender that is inconsistent with the | ||
| child's biological sex, as determined by the sex organs, | ||
| chromosomes, and endogenous profiles of the child. | ||
| (b) A governmental entity may not prohibit or restrict in | ||
| any manner a mental health provider from providing gender-affirming | ||
| therapy or counseling to a child for the purpose of affirming the | ||
| gender of the child that is consistent with the child's biological | ||
| sex, as determined by the sex organs, chromosomes, and endogenous | ||
| profiles of the child, including therapy or counseling to help | ||
| achieve the child's objectives of reducing, resolving, or | ||
| addressing behaviors, mannerisms, or expressions related to gender | ||
| identity or dysphoria. | ||
| Sec. 161.703. INJUNCTIVE RELIEF. (a) A mental health | ||
| provider who is prohibited or restricted from providing | ||
| gender-affirming therapy or counseling to a child in violation of | ||
| Section 161.702(b) or the child who is the subject of the violation | ||
| may bring an action in a district court in the county in which the | ||
| violation occurred for injunctive relief to prevent further | ||
| violation of that subsection. | ||
| (b) A claimant may recover reasonable expenses incurred in | ||
| bringing an action under this section, including court costs, | ||
| attorney's fees, investigation costs, witness fees, and deposition | ||
| expenses. | ||
| SECTION 2. This Act takes effect December 1, 2021. | ||
