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.