Bill Text: TX HB23 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to participation in athletic activities based on biological sex; providing a civil right to action for K-12 athletes and college athletes.

Spectrum: Partisan Bill (Republican 81-0)

Status: (Introduced - Dead) 2023-02-23 - Referred to State Affairs [HB23 Detail]

Download: Texas-2023-HB23-Introduced.html

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By: Swanson H.B. No. 23

A BILL TO BE ENTITLED
AN ACT
relating to participation in athletic activities based on
biological sex; providing a civil right to action for K-12 athletes
and college athletes.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This Act may be cited as the Save
Women's Sports Act.
SECTION 2. Section 33.0834, Texas Education Code, is
amended to read as follows:
Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION
PARTICIPATION BASED ON BIOLOGICAL SEX. (a) Except as provided by
Subsection (b), an interscholastic athletic team or sport sponsored
or authorized by a school district,or open-enrollment charter
school, or any private school that competes against a public school
may not allow a student to competeparticipate in an
interscholastic athletic competitionteam or sport 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 that accurately states the student's biological sex.
(b) An interscholastic athletic team or sport described by
Subsection (a) may allow a female student to competeparticipate in
an interscholastic athletic competitionteam or sport that is
designated for male students if a corresponding interscholastic
athletic competitionteam or sport 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 any type of scrivener or
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). The
rules must ensure compliance with state and federal law regarding
the confidentiality of student medical information, including
Chapter 181, Health and Safety Code, and the Health Insurance
Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d
et seq.).
(e) A student shall have a private cause of action for
injunctive relief, damages, attorneys' fees and cost, and any other
relief available under law if the student is:
(1) deprived of an athletic opportunity or suffers any
direct or indirect harm as a result of a school district, charter
school, or private school knowingly violating this Act; or
(2) subject to retaliation or other adverse action by
a school district, charter school, private school, the University
Interscholastic League, or any athletic association or
organization as a result of reporting a violation of this Act.
SECTION 3. Subchapter Z, Chapter 51, Education Code, is
amended by adding Section 51.982 to read as follows:
Sec. 51.982. ATHLETIC PARTICIPATION BASED ON BIOLOGICAL
SEX. (a) Except as provided by Subsection (b), an athletic team or
sport sponsored or authorized by a public institution of higher
education, public junior college, or any private institution or
private junior college that competes against a public institution
or public junior college may not allow a student to participate in
an athletic team or sport sponsored or authorized by the
institution of higher education or junior college 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 that accurately states the student's biological sex.
(b) An athletic team or sport described by Subsection (a)
may allow a female student to participate in an athletic team or
sport that is designated for male students if a corresponding
athletic team or sport 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 any type of scrivener or
clerical error in the student's biological sex.
(d) A student shall have a private cause of action for
injunctive relief, damages, attorneys' fees and cost, and any other
relief available under law if the student is:
(1) deprived of an athletic opportunity or suffers any
direct or indirect harm as a result of an institution of higher
education or junior college knowingly violating this Act; or
(2) subject to retaliation or other adverse action by
an institution of higher education, junior college, or any athletic
association or organization as a result of reporting a violation of
this Act.
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 September 1, 2023.