Bill Text: TX SB2 | 2021 | 87th Legislature 1st Special Session | Engrossed

Texas Senate Bill 2 (Prior Session Legislation)

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 10)

Status: (Engrossed - Dead) 2021-07-16 - Co-author authorized [SB2 Detail]

Download: Texas-2021-SB2-Engrossed.html



	By: Perry, et al.	S.B. No. 2


	A BILL TO BE ENTITLED
	AN ACT
	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 on the team 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).
	(e) A student who attends a school district or
	open-enrollment charter school that sponsors or authorizes an
	interscholastic athletic team that violates this section may bring
	a civil action against the district or school if the student is
	directly harmed by the violation. The student may obtain:
	(1) injunctive relief; and
	(2) court costs and reasonable attorney's fees.
	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
	on the team 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.
	(e) A student who attends an institution of higher education
	that sponsors or authorizes an interscholastic athletic team that
	violates this section may bring a civil action against the
	institution if the student is directly harmed by the violation. The
	student may obtain:
	(1) injunctive relief; and
	(2) court costs and reasonable attorney's fees.
	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. If any provision of this Act or its application
	to any person or circumstance is held invalid, the invalidity does
	not affect other provisions or applications of this Act that can be
	given effect without the invalid provision or application, and to
	this end the provisions of this Act are declared to be severable.
	SECTION 5. 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.