Bill Text: TX HB102 | 2021 | 87th Legislature 2nd Special Session | Introduced
Bill Title: Relating to requiring public school and public institution of higher education students to participate in interscholastic athletic activities based on biological sex.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2021-08-07 - Filed [HB102 Detail]
Download: Texas-2021-HB102-Introduced.html
| By: Slaton | H.B. No. 102 | |
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| relating to requiring public school and public institution of | ||
| higher education students to participate in interscholastic | ||
| athletic activities 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 PARTICIPATION 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 participate in an interscholastic athletic activity sponsored or | ||
| authorized by the district or school that is designated for the | ||
| biological sex opposite to the student's biological sex as | ||
| determined at the student's birth and correctly stated on the | ||
| student's official birth certificate. | ||
| (b) An interscholastic athletic team described by | ||
| Subsection (a) may allow a female student to participate in an | ||
| interscholastic athletic activity that is designated for male | ||
| students if a corresponding interscholastic athletic activity | ||
| 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 as | ||
| determined at the student's birth if the statement was: | ||
| (1) entered at or near the time of the student's birth, | ||
| as determined by University Interscholastic League rule; or | ||
| (2) modified to correct a clerical error in the | ||
| student's biological sex. | ||
| SECTION 2. Subchapter Z, Chapter 51, Education Code, is | ||
| amended by adding Section 51.980 to read as follows: | ||
| Sec. 51.980. INTERSCHOLASTIC ATHLETIC PARTICIPATION 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 | ||
| participate in an interscholastic athletic activity sponsored or | ||
| authorized by the institution that is designated for the biological | ||
| sex opposite to the student's biological sex as determined at the | ||
| student's birth and correctly stated on the student's official | ||
| birth certificate. | ||
| (c) An interscholastic athletic team described by | ||
| Subsection (b) may allow a female student to participate in an | ||
| interscholastic athletic activity that is designated for male | ||
| students if a corresponding interscholastic athletic activity | ||
| 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 as | ||
| determined at the student's birth if the statement was: | ||
| (1) entered at or near the time of the student's birth, | ||
| as determined by Texas Higher Education Coordinating Board rule; 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. | ||
