Hernandez Sexual Orientation Bill Also Reaches Gender Identity And Behavior

The text as introduced · 556 words

89R2724 SCR-D

By: Hernandez
H.B. No. 1365

A BILL TO BE ENTITLED

AN ACT

relating to unprofessional conduct by mental health providers who

attempt to change the sexual orientation of a child.

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

SECTION 1. The heading to Chapter 105, Occupations Code, is

amended to read as follows:

CHAPTER 105. UNPROFESSIONAL CONDUCT BY CERTAIN PROVIDERS [ HEALTH

CARE PROVIDER ]

SECTION 2. Chapter 105, Occupations Code, is amended by

designating Sections 105.001 and 105.002 as Subchapter A and adding

a subchapter heading to read as follows:

SUBCHAPTER A. UNPROFESSIONAL CONDUCT BY HEALTH CARE PROVIDER

SECTION 3. Section 105.001, Occupations Code, is amended to

read as follows:

Sec. 105.001. DEFINITION. In this subchapter [ chapter ],

"health care provider" means a person who furnishes services under

a license, certificate, registration, or other authority issued by

this state or another state to diagnose, prevent, alleviate, or

cure a human illness or injury.

SECTION 4. Chapter 105, Occupations Code, is amended by

adding Subchapter B to read as follows:

SUBCHAPTER B. UNPROFESSIONAL CONDUCT BY MENTAL HEALTH PROVIDER

Sec. 105.051. DEFINITIONS. In this subchapter:

(1) "Child" means an individual younger than 18 years

of age.

(2) "Gender identity or expression" means an

individual's having, or being perceived as having, a gender-related

identity, appearance, expression, or behavior, whether or not that

identity, appearance, expression, or behavior is different from

that commonly associated with the individual's assigned sex at

birth.

(3) "Mental health provider" means:

(A) a behavior analyst licensed under Chapter

506;

(B) a chemical dependency counselor licensed

under Chapter 504;

(C) a licensed professional counselor licensed

under Chapter 503;

(D) a marriage and family therapist licensed

under Chapter 502;

(E) a nurse licensed under Chapter 301;

(F) a physician licensed under Subtitle B;

(G) a psychologist licensed under Chapter 501;

(H) a sex offender treatment provider licensed

under Chapter 110;

(I) a social worker licensed under Chapter 505;

(J) a special officer for offenders with mental

impairments certified under Section 1701.404; or

(K) another individual licensed by this state to

provide professional therapy or counseling services.

(4) "Sexual orientation" means the actual or perceived

status of an individual with respect to the individual's sexuality.

Sec. 105.052. UNPROFESSIONAL CONDUCT. (a) A mental health

provider engages in unprofessional conduct if, in the course of

providing services to a child, the mental health provider attempts

to:

(1) change the child's sexual orientation, including

by attempting to change the child's behavior or gender identity or

expression; or

(2) eliminate or reduce the child's sexual or romantic

attractions or feelings toward individuals of the same sex.

(b) Subsection (a) does not apply to counseling that:

(1) provides acceptance, support, and understanding

of a child or facilitates a child's coping, social support, and

identity exploration and development, including sexual

orientation-neutral interventions to prevent or address unlawful

conduct or unsafe sexual practices, if that counseling does not

seek to change sexual orientation or gender identity or expression;

or

(2) provides support to a child undergoing gender

transition in accordance with established standards of care.

(c) A mental health provider who commits unprofessional

conduct under Subsection (a) is subject to disciplinary action by

any state regulatory entity with the power to take disciplinary

action against that mental health provider.

SECTION 5. This Act takes effect September 1, 2025.