Bill Text: TX HB100 | 2021 | 87th Legislature 2nd 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.
Spectrum: Partisan Bill (Republican 73-0)
Status: (Introduced - Dead) 2021-08-07 - Filed [HB100 Detail]
Download: Texas-2021-HB100-Introduced.html
| 87S20020 KJE-F | ||
| By: Swanson | H.B. No. 100 | |
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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 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. | ||
