Bill Text: TX HB3883 | 2023-2024 | 88th Legislature | Introduced

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Bill Title: Relating to general definitions for and collection of governmental information regarding biological sex.

Spectrum: Partisan Bill (Republican 37-0)

Status: (Introduced - Dead) 2023-03-20 - Referred to State Affairs [HB3883 Detail]

Download: Texas-2023-HB3883-Introduced.html

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88R12338 EAS-D
By: Troxclair H.B. No. 3883

A BILL TO BE ENTITLED
AN ACT
relating to general definitions for and collection of governmental
information regarding biological sex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. FINDINGS. The legislature finds that:
(1) males and females possess unique immutable
biological differences that manifest prior to birth and increase as
individuals age and experience puberty;
(2) biological differences between the sexes mean that
only females are able to get pregnant, give birth, and breastfeed
children;
(3) biological differences between the sexes mean that
males are, on average, bigger, stronger, and faster than females;
(4) biological differences between the sexes leave
females more physically vulnerable than males to specific forms of
violence, including sexual violence;
(5) females have historically suffered discrimination
in education, athletics, and employment;
(6) biological differences between the sexes are
enduring and may, in some circumstances, warrant the creation of
separate social, educational, athletic, or other spaces in order to
ensure individuals' safety and allow members of each sex to succeed
and thrive;
(7) inconsistencies in court rulings and policy
initiatives with regard to the definitions of "sex," "male,"
"female," "man," and "woman" have led to endangerment of single-sex
spaces and resources, necessitating clarification of certain
terms;
(8) in the context of biological sex:
(A) "equal" does not mean "same" or "identical";
and
(B) separate is not inherently unequal;
(9) there are legitimate reasons to distinguish
between the sexes with respect to athletics, prisons and other
correctional facilities, domestic violence shelters, rape crisis
centers, locker rooms, restrooms, and other areas where biology,
safety, or privacy are implicated; and
(10) policies and laws that distinguish between the
sexes are subject to intermediate constitutional scrutiny, which
forbids unfair discrimination against similarly situated males and
females but allows the law to distinguish between the sexes where
such distinctions are substantially related to important
governmental objectives.
SECTION 2. Section 311.005, Government Code, is amended by
adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to
read as follows:
(14) "Boy" means a child of the male sex.
(15) "Father" means a parent of the male sex.
(16) "Female" and "woman" mean an individual whose
biological reproductive system is developed to produce ova.
(17) "Girl" means a child of the female sex.
(18) "Male" and "man" mean an individual whose
biological reproductive system is developed to fertilize the ova of
a female.
(19) "Mother" means a parent of the female sex.
(20) "Sex" means a person's biological sex, either
male or female.
SECTION 3. Chapter 2051, Government Code, is amended by
adding Subchapter G to read as follows:
SUBCHAPTER G. VITAL STATISTICS INFORMATION COLLECTION BY
GOVERNMENTAL ENTITY
Sec. 2051.251. DEFINITION. In this subchapter,
"governmental entity" has the meaning assigned by Section 2051.041.
Sec. 2051.252. VITAL STATISTICS INFORMATION COLLECTION BY
GOVERNMENTAL ENTITY. A governmental entity that collects vital
statistics information that identifies the biological sex of an
individual for the purpose of complying with antidiscrimination
laws or for the purpose of gathering public health, crime,
economic, or other data shall identify each individual as either
male or female.
SECTION 4. This Act takes effect September 1, 2023.