Lopez Genetic Testing Bill Also Shields Doctors From Lawsuits

The text as introduced · 744 words

By: Lopez of Cameron
H.B. No. 1123

A BILL TO BE ENTITLED

AN ACT

relating to interscholastic athletic competition based on

biological sex, requirements for physical examinations and genetic

testing in interscholastic athletics, and the adoption of rules by

the University Interscholastic League to implement these

requirements.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter D, Chapter 33, Education Code,

Section 33.0834 is amended to read as follows:

Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED

ON BIOLOGICAL SEX. (a) Except as provided by Subsection (c) [ (b) ],

an interscholastic athletic team sponsored or authorized by a

school district or open-enrollment charter school may not allow a

student to compete 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 (d) [ (c) ]; or

(2) if the student's official birth certificate

described by Subdivision (1) is unobtainable, another government

record.

(b) A student may not compete in an interscholastic athletic

competition designated for a particular biological sex if the

student's chromosomal sex does not match the biological sex

assigned at birth as described in subsection (a). This

determination shall be made based on clinical evidence, including

genetic testing results provided by a licensed medical professional

under Section 33.098.

(c) [ (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.

(d) [ (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.

(e) [ (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.).

SECTION 2. Subchapter D, Chapter 33, Education Code, is

amended by adding Section 33.098 to read as follows:

Sec. 33.098. REQUIREMENTS FOR PHYSICAL EXAMINATIONS AND

GENETIC TESTING IN INTERSCHOLASTIC ATHLETICS. (a) A licensed

physician conducting a physical examination for a student seeking

to participate in an interscholastic athletic activity must not

approve the Physical Examination Form if the licensed physician,

based on their expertise, reasonably suspects that the student's

chromosomal makeup is inconsistent with the biological sex assigned

to the student at birth.

(b) If a licensed physician suspects a student has

chromosomal characteristics that are different from the biological

sex assigned at birth, the licensed physician must refer the

student for genetic testing to confirm the student's chromosomal

sex.

(c) The University Interscholastic League (UIL) shall adopt

rules as necessary to administer this chapter. These rules must

include procedures for ensuring that physical examinations are

conducted properly, including provisions for addressing cases

where a physician suspects a discrepancy between a student's

assigned sex at birth and their chromosomal sex.

(e) This chapter does not create a cause of action or

liability, nor does it establish a standard of care, obligation, or

duty that provides a basis for a cause of action or liability

against any licensed health care professional, the University

Interscholastic League, a school district, or any district officer

or employee for an injury or death of a student participating in or

practicing for an athletic activity sponsored or sanctioned by the

University Interscholastic League based on or in connection with

the administration or interpretation of this section.

SECTION 3. This Act applies beginning with the 2025-2026

school year.

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 on the 60th day after the last day of the

legislative session.