Bill Text: TX HB4466 | 2019-2020 | 86th Legislature | Introduced
Bill Title: Relating to the prohibition of the provision of conversion therapy to a child by certain providers; creating a criminal offense; increasing criminal penalties.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2019-03-26 - Referred to Public Health [HB4466 Detail]
Download: Texas-2019-HB4466-Introduced.html
By: Meza | H.B. No. 4466 |
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relating to the prohibition of the provision of conversion therapy | ||
to a child by certain providers; creating a criminal offense; | ||
increasing criminal penalties. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. The heading to Chapter 105, Occupations Code, is | ||
amended to read as follows: | ||
CHAPTER 105. | ||
UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [ |
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SECTION 2. Chapter 105, Occupations Code, is amended by | ||
designating Sections 105.001 and 105.002 as Subchapter A and adding | ||
a subchapter heading to read as follows: | ||
SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDER | ||
SECTION 3. Section 105.001, Occupations Code, is amended to | ||
read as follows: | ||
Sec. 105.001. DEFINITION. In this subchapter [ |
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"certain provider" means a person who furnishes services to | ||
diagnose, prevent, alleviate, or cure a human illness or injury. | ||
SECTION 4. Chapter 105, Occupations Code, is amended by | ||
adding Subchapter B to read as follows: | ||
SUBCHAPTER B. PROHIBITED CONDUCT BY CERTAIN PROVIDER | ||
Sec. 105.051. DEFINITIONS. In this subchapter: | ||
(1) "Child" means an individual younger than 18 years | ||
of age. | ||
(2) "Conversion therapy" means a practice or treatment | ||
provided to a child by a mental health provider that seeks to: | ||
(A) change the child's sexual orientation, | ||
including by attempting to change the child's behavior or gender | ||
identity or expression; or | ||
(B) eliminate or reduce the child's sexual or | ||
romantic attractions or feelings toward individuals of the same | ||
sex. | ||
(3) "Gender identity or expression" means a person's | ||
having, or being perceived as having, a gender-related identity, | ||
appearance, expression, or behavior, whether or not that identity, | ||
appearance, expression, or behavior is different from that commonly | ||
associated with the person's assigned sex at birth. | ||
(4) "Sexual orientation" means the actual or perceived | ||
status of an individual with respect to the individual's sexuality. | ||
Sec. 105.052. APPLICABILITY OF SUBCHAPTER. This subchapter | ||
does not apply to counseling that provides acceptance, support, and | ||
understanding of a child or facilitates a child's coping, social | ||
support, and identity exploration and development, including | ||
sexual orientation-neutral interventions to prevent or address | ||
unlawful conduct or unsafe sexual practices, if that counseling | ||
does not seek to change sexual orientation or gender identity or | ||
expression. | ||
Sec. 105.053. PROHIBITED CONDUCT. (a) A certain provider | ||
may not, in the course of providing services to a child, provide | ||
conversion therapy. | ||
(b) A certain provider who provides conversion therapy in | ||
violation of Subsection (a) is subject to disciplinary action by | ||
any state regulatory entity with the power to take disciplinary | ||
action against that mental health provider. | ||
Sec. 105.054. CRIMINAL OFFENSE. (a) A certain provider | ||
commits an offense if the provider violates Section 105.053. | ||
(b) An offense under this section is a Class C misdemeanor. | ||
SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended | ||
by adding Section 12.502 to read as follows: | ||
Sec. 12.502. PENALTY IF OFFENSE COMMITTED WHILE PROVIDING | ||
CONVERSION THERAPY TO CHILD. (a) Subject to Subsection (c), the | ||
punishment for an offense described by Subsection (b) is increased | ||
to the punishment prescribed for the next higher category of | ||
offense if it is shown on the trial of the offense that the offense | ||
was committed during the provision of conversion therapy to a child | ||
in violation of Section 105.053, Occupations Code. | ||
(b) The increase in punishment authorized by this section | ||
applies only to an offense under Chapter 21 or 22. | ||
(c) This section does not apply to an offense for which the | ||
punishment otherwise prescribed is the punishment for a first | ||
degree felony or capital felony. | ||
SECTION 6. The change in law made by this Act applies only | ||
to an offense committed on or after the effective date of this Act. | ||
An offense committed before the effective date of this Act is | ||
governed by the law in effect on the date the offense was committed, | ||
and the former law is continued in effect for that purpose. For | ||
purposes of this section, an offense was committed before the | ||
effective date of this Act if any element of the offense occurred | ||
before that date. | ||
SECTION 7. This Act takes effect September 1, 2019. |