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