Rosenthal Discrimination Bill Also Repeals 2023 Transition Ban For Minors

The text as introduced · 9,179 words

89R4970 AMF-F

By: Rosenthal
H.B. No. 1601

A BILL TO BE ENTITLED

AN ACT

relating to the prohibition, prevention, and remedying of certain

discrimination.

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

SECTION 1. Title 4, Civil Practice and Remedies Code, is

amended by adding Chapter 100B to read as follows:

CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION

SUBCHAPTER A. GENERAL PROVISIONS

Sec. 100B.001. DEFINITIONS. In this chapter:

(1) "Aggrieved person" includes any person who:

(A) claims to have been injured by a

discriminatory practice; or

(B) believes the person will be injured by a

discriminatory practice about to occur.

(2) "Discriminatory practice" means an act prohibited

by this chapter.

(3) "Gender identity or expression" means having or

being perceived as having a gender-related identity, appearance,

expression, or behavior, regardless of whether that identity,

appearance, expression, or behavior is different from that commonly

associated with the individual's actual or perceived sex.

(4) "Public accommodation" means a business or other

entity offering to the public food, shelter, recreation or

amusement, or any other good, service, privilege, facility, or

accommodation.

(5) "Religious organization" means:

(A) a religious corporation, association, or

society; or

(B) a school, institution of higher education, or

other educational institution, not otherwise a religious

organization, that:

(i) is wholly or substantially controlled,

managed, owned, or supported by a religious organization; or

(ii) has a curriculum directed toward the

propagation of a particular religion.

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

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

Sec. 100B.002. APPLICABILITY OF CHAPTER. (a) Except as

provided by Subsection (b), this chapter does not apply to a

religious organization.

(b) This chapter applies to activities conducted by a

religious organization for profit to the extent those activities

are subject to federal taxation under Section 511(a), Internal

Revenue Code of 1986, as that section existed on September 1, 2025.

SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED

Sec. 100B.051. PUBLIC ACCOMMODATIONS. (a) Except as

provided by Subsection (b), a person engages in a discriminatory

practice and violates this chapter if the person, because of the

sexual orientation or gender identity or expression of an

individual:

(1) denies that individual full and equal

accommodation in any place of public accommodation in this state,

subject only to the conditions established by law and applicable to

all persons; or

(2) otherwise discriminates against or segregates or

separates the individual in a place of public accommodation in this

state based on sexual orientation or gender identity or expression.

(b) A person does not engage in a discriminatory practice or

violate this chapter under Subsection (a) if segregation or

separation of an individual is necessary to provide a service that:

(1) provides acceptance, support, and understanding

to the individual;

(2) assists the individual with coping with the

individual's sexual orientation or gender identity or expression,

maintaining social support, and exploring and identifying the

individual's identity; or

(3) provides support to an individual undergoing a

gender transition.

(c) The services described by Subsection (b)(2) include a

sexual orientation-neutral intervention for preventing or

addressing unlawful conduct or unsafe sexual practices if the

intervention does not seek to change the individual's sexual

orientation or gender identity or expression.

SUBCHAPTER C. CAUSE OF ACTION

Sec. 100B.101. CIVIL ACTION. An aggrieved person may file a

civil action in district court not later than the second

anniversary of the occurrence of the termination of an alleged

discriminatory practice under this chapter to obtain appropriate

relief with respect to the discriminatory practice.

Sec. 100B.102. RELIEF GRANTED. In an action under this

subchapter, if the court finds a discriminatory practice has

occurred or is about to occur, the court may award to the claimant:

(1) actual and exemplary damages;

(2) reasonable attorney's fees;

(3) court costs; and

(4) any permanent or temporary injunction, temporary

restraining order, or other order, including an order enjoining the

defendant from engaging in the practice or ordering other

appropriate action.

SECTION 2. Articles 42.014(a) and (c), Code of Criminal

Procedure, are amended to read as follows:

(a) In the trial of an offense under Title 5, Penal Code, or

Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge

shall make an affirmative finding of fact and enter the affirmative

finding in the judgment of the case if at the guilt or innocence

phase of the trial, the judge or the jury, whichever is the trier of

fact, determines beyond a reasonable doubt that the defendant

intentionally selected the person against whom the offense was

committed, or intentionally selected the person's property that was

damaged or affected as a result of the offense, because of the

defendant's bias or prejudice against a group identified by race,

color, disability, religion, national origin or ancestry, age,

gender, [ or ] sexual orientation, or gender identity or expression

[ preference ] or by status as a peace officer or judge.

(c) In this article :

(1) "Gender identity or expression" means having or

being perceived as having a gender-related identity, appearance,

expression, or behavior, regardless of whether that identity,

appearance, expression, or behavior is different from that commonly

associated with the individual's actual or perceived sex.

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

status of an individual with respect to the individual's

sexuality [ , "sexual preference" has the following meaning only: a

preference for heterosexuality, homosexuality, or bisexuality ].

SECTION 3. Subchapter D, Chapter 11, Education Code, is

amended by adding Section 11.172 to read as follows:

Sec. 11.172. DISCRIMINATION, HARASSMENT, AND RETALIATION

PROHIBITED. (a) In this section:

(1) "Gender identity or expression" means having or

being perceived as having a gender-related identity, appearance,

expression, or behavior, regardless of whether that identity,

appearance, expression, or behavior is different from that commonly

associated with the individual's actual or perceived sex.

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

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

(b) A school district or employee of a school district may

not:

(1) discriminate against or harass a district employee

or a student enrolled in the district on account of:

(A) the actual or perceived ethnicity, color,

gender, gender identity or expression, sexual orientation,

disability, religion, or national origin of the employee, student,

or student's parent; or

(B) one or more persons with whom the employee,

student, or student's parent associates; or

(2) retaliate against a district employee or a student

enrolled in the district for reporting potential discrimination or

harassment prohibited by Subdivision (1).

(c) This section applies to conduct that occurs:

(1) on school property;

(2) while attending a school-sponsored or

school-related activity on or off school property; or

(3) in connection with transportation of students in a

vehicle owned or operated by a school district or owned or operated

by another entity under contract with a school district.

(d) A school district shall provide periodic training to

district employees regarding prevention of discrimination and

harassment prohibited by this section and procedures for responding

to reported or observed incidents of prohibited discrimination or

harassment. The training may be provided in conjunction with any

education provided under Section 37.083.

(e) In accordance with rules adopted by the commissioner,

each school district shall report biennially to the agency

information regarding each incident of alleged discrimination or

harassment that occurred at each campus in the district during the

preceding two school years. The agency shall include the

information, disaggregated by campus, in the comprehensive

biennial report required by Section 39.332.

SECTION 4. Section 12.104(b), Education Code, is amended to

read as follows:

(b) An open-enrollment charter school is subject to:

(1) a provision of this title establishing a criminal

offense;

(2) the provisions in Chapter 554, Government Code;

and

(3) a prohibition, restriction, or requirement, as

applicable, imposed by this title or a rule adopted under this

title, relating to:

(A) the Public Education Information Management

System (PEIMS) to the extent necessary to monitor compliance with

this subchapter as determined by the commissioner;

(B) criminal history records under Subchapter C,

Chapter 22;

(C) reading instruments and accelerated reading

instruction programs under Section 28.006;

(D) accelerated instruction under Section

28.0211;

(E) high school graduation requirements under

Section 28.025;

(F) special education programs under Subchapter

A, Chapter 29;

(G) bilingual education under Subchapter B,

Chapter 29;

(H) prekindergarten programs under Subchapter E

or E-1, Chapter 29, except class size limits for prekindergarten

classes imposed under Section 25.112, which do not apply;

(I) extracurricular activities under Section

33.081;

(J) discipline management practices or behavior

management techniques under Section 37.0021;

(K) health and safety under Chapter 38;

(L) the provisions of Subchapter A, Chapter 39;

(M) public school accountability and special

investigations under Subchapters A, B, C, D, F, G, and J, Chapter

39, and Chapter 39A;

(N) the requirement under Section 21.006 to

report an educator's misconduct;

(O) intensive programs of instruction under

Section 28.0213;

(P) the right of a school employee to report a

crime, as provided by Section 37.148;

(Q) bullying prevention policies and procedures

under Section 37.0832;

(R) the right of a school under Section 37.0052

to place a student who has engaged in certain bullying behavior in a

disciplinary alternative education program or to expel the student;

(S) the right under Section 37.0151 to report to

local law enforcement certain conduct constituting assault or

harassment;

(T) a parent's right to information regarding the

provision of assistance for learning difficulties to the parent's

child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);

(U) establishment of residency under Section

25.001;

(V) school safety requirements under Sections

37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,

37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and

37.2071 and Subchapter J, Chapter 37;

(W) the early childhood literacy and mathematics

proficiency plans under Section 11.185;

(X) the college, career, and military readiness

plans under Section 11.186; [ and ]

(Y) parental options to retain a student under

Section 28.02124 ; and

(Z) discrimination, harassment, and retaliation

under Section 11.172 .

SECTION 5. Section 121.151, Estates Code, is amended to

read as follows:

Sec. 121.151. DISTRIBUTION OF COMMUNITY PROPERTY. (a)

This section applies to community property, including the proceeds

of life or accident insurance that are community property and

become payable to the estate of either spouse [ the husband or wife ].

(b) If spouses [ a husband and wife ] die leaving community

property but neither survives the other by 120 hours, one-half of

all community property shall be distributed as if one spouse [ the

husband ] had survived, and the other one-half shall be distributed

as if the other spouse [ wife ] had survived.

SECTION 6. Section 1104.001(b), Estates Code, is amended to

read as follows:

(b) Subsection (a) does not prohibit the joint appointment,

if the court finds it to be in the best interest of the

incapacitated person or ward, of:

(1) spouses [ a husband and wife ];

(2) joint managing conservators;

(3) co-guardians appointed under the laws of a

jurisdiction other than this state; or

(4) both parents of an adult who is incapacitated if

the incapacitated person:

(A) has not been the subject of a suit affecting

the parent-child relationship; or

(B) has been the subject of a suit affecting the

parent-child relationship and both of the incapacitated person's

parents were named as joint managing conservators in the suit but

are no longer serving in that capacity.

SECTION 7. Subchapter A, Chapter 1, Family Code, is amended

by adding Section 1.0015 to read as follows:

Sec. 1.0015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.

When necessary to implement the rights and duties of spouses or

parents in a marriage between persons of the same sex under the laws

of this state, gender-specific terminology must be construed in a

neutral manner to refer to a person of either gender.

SECTION 8. Section 2.001(a), Family Code, is amended to

read as follows:

(a) Two individuals [ A man and a woman ] desiring to enter

into a ceremonial marriage must obtain a marriage license from the

county clerk of any county of this state.

SECTION 9. Section 2.004(b), Family Code, is amended to

read as follows:

(b) The application form must contain:

(1) a heading entitled "Application for Marriage

License, ____________ County, Texas";

(2) spaces for each applicant's full name, including

the [ woman's maiden ] surname of an applicant intending to change

the applicant's surname as a result of the marriage , address,

social security number, if any, date of birth, and place of birth,

including city, county, and state;

(3) a space for indicating the document tendered by

each applicant as proof of identity and age;

(4) spaces for indicating whether each applicant has

been divorced within the last 30 days;

(5) printed boxes for each applicant to check "true"

or "false" in response to the following statement: "I am not

presently married and the other applicant is not presently

married.";

(6) printed boxes for each applicant to check "true"

or "false" in response to the following statement: "The other

applicant is not related to me as:

(A) an ancestor or descendant, by blood or

adoption;

(B) a brother or sister, of the whole or half

blood or by adoption;

(C) a parent's brother or sister, of the whole or

half blood or by adoption;

(D) a son or daughter of a brother or sister, of

the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent;

or

(F) a son or daughter of a parent's brother or

sister, of the whole or half blood or by adoption.";

(7) printed boxes for each applicant to check "true"

or "false" in response to the following statement: "I am not

presently delinquent in the payment of court-ordered child

support.";

(8) a printed oath reading: "I SOLEMNLY SWEAR (OR

AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS

CORRECT.";

(9) spaces immediately below the printed oath for the

applicants' signatures;

(10) a certificate of the county clerk that:

(A) each applicant made the oath and the date and

place that it was made; or

(B) an applicant did not appear personally but

the prerequisites for the license have been fulfilled as provided

by this chapter;

(11) spaces for indicating the date of the marriage

and the county in which the marriage is performed;

(12) a space for the address to which the applicants

desire the completed license to be mailed; and

(13) a printed box for each applicant to check

indicating that the applicant wishes to make a voluntary

contribution of $5 to promote healthy early childhood by supporting

the Texas Home Visiting Program administered by the [ Office of

Early Childhood Coordination of the ] Health and Human Services

Commission.

SECTION 10. Section 2.401(a), Family Code, is amended to

read as follows:

(a) In a judicial, administrative, or other proceeding, the

marriage of two individuals [ a man and woman ] may be proved by

evidence that:

(1) a declaration of their marriage has been signed as

provided by this subchapter; or

(2) the individuals [ man and woman ] agreed to be

married and after the agreement they lived together in this state as

spouses [ husband and wife ] and there represented to others that

they were married.

SECTION 11. Section 2.402(b), Family Code, is amended to

read as follows:

(b) The declaration form must contain:

(1) a heading entitled "Declaration and Registration

of Informal Marriage, ___________ County, Texas";

(2) spaces for each party's full name, including the

[ woman's maiden ] surname of a party intending to change the party's

surname as a result of the marriage , address, date of birth, place

of birth, including city, county, and state, and social security

number, if any;

(3) a space for indicating the type of document

tendered by each party as proof of age and identity;

(4) printed boxes for each party to check "true" or

"false" in response to the following statement: "The other party

is not related to me as:

(A) an ancestor or descendant, by blood or

adoption;

(B) a brother or sister, of the whole or half

blood or by adoption;

(C) a parent's brother or sister, of the whole or

half blood or by adoption;

(D) a son or daughter of a brother or sister, of

the whole or half blood or by adoption;

(E) a current or former stepchild or stepparent;

or

(F) a son or daughter of a parent's brother or

sister, of the whole or half blood or by adoption.";

(5) a printed declaration and oath reading: "I

SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO

EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS: ON OR ABOUT (DATE) WE

AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS

SPOUSES [ HUSBAND AND WIFE ] AND IN THIS STATE WE REPRESENTED TO

OTHERS THAT WE WERE MARRIED. SINCE THE DATE OF MARRIAGE TO THE

OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON. THIS

DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS

CORRECT.";

(6) spaces immediately below the printed declaration

and oath for the parties' signatures; and

(7) a certificate of the county clerk that the parties

made the declaration and oath and the place and date it was made.

SECTION 12. Section 3.401, Family Code, is amended by

adding Subdivision (1-a) and amending Subdivisions (4) and (5) to

read as follows:

(1-a) "Civil union" means any relationship status

other than marriage that:

(A) is intended as an alternative to marriage or

applies primarily to cohabitating persons; and

(B) grants to the parties of the relationship

legal protections, benefits, or responsibilities granted to the

spouses of a marriage.

(4) "Marital estate" means one of three estates:

(A) the community property owned by the spouses

together and referred to as the community marital estate; or

(B) the separate property owned individually by

each spouse [ the husband ] and referred to as a separate marital

estate[ ; or

[ (C) the separate property owned individually by

the wife, also referred to as a separate marital estate ].

(5) "Spouse" means one of the two individuals who are

the parties to:

(A) a marriage; or

(B) [ a husband, who is a man, or a wife, who is a

woman. A member of ] a civil union [ or similar relationship ] entered

into in another state [ between persons of the same sex is not a

spouse ].

SECTION 13. Section 6.104(b), Family Code, is amended to

read as follows:

(b) In exercising its discretion, the court shall consider

the pertinent facts concerning the welfare of the parties to the

marriage, including whether a spouse [ the female ] is pregnant.

SECTION 14. Section 6.202(b), Family Code, is amended to

read as follows:

(b) The later marriage that is void under this section

becomes valid when the prior marriage is dissolved if, after the

date of the dissolution, the parties have lived together as spouses

[ husband and wife ] and represented themselves to others as being

married.

SECTION 15. Section 6.203, Family Code, is amended to read

as follows:

Sec. 6.203. CERTAIN VOID MARRIAGES VALIDATED. Except for a

marriage that would have been void under Section 6.201, a marriage

that was entered into before January 1, 1970, in violation of the

prohibitions of Article 496, Penal Code of Texas, 1925, is

validated from the date the marriage commenced if the parties

continued until January 1, 1970, to live together as spouses

[ husband and wife ] and to represent themselves to others as being

married.

SECTION 16. Section 6.704, Family Code, is amended to read

as follows:

Sec. 6.704. TESTIMONY OF SPOUSE [ HUSBAND OR WIFE ]. (a) In

a suit for dissolution of a marriage, each spouse is a [ the husband

and wife are ] competent witness [ witnesses ] for and against the

[ each ] other spouse . A spouse may not be compelled to testify as to

a matter that will incriminate the spouse.

(b) If a spouse [ the husband or wife ] testifies, the court

or jury trying the case shall determine the credibility of the

witness and the weight to be given the witness's testimony.

SECTION 17. Subchapter B, Chapter 45, Family Code, is

amended by adding Section 45.108 to read as follows:

Sec. 45.108. CHANGE OF NAME AND VITAL STATISTICS

INFORMATION. (a) Subject to the eligibility requirements for a

name change under Section 45.103, a court shall order a change of

name under this subchapter for a petitioner whose petition is

accompanied by a sworn affidavit of a licensed physician stating

the petitioner identifies as a gender other than the gender

indicated on the petitioner's driver's license, birth certificate,

or other official document.

(b) A court that orders a change of name for a petitioner

under this section shall simultaneously order:

(1) the Department of Public Safety, as soon as

practicable, to change the petitioner's name and gender on the

petitioner's driver's license and other identification documents

under the department's control; and

(2) the vital statistics unit of the Department of

State Health Services, on receipt of a licensed physician's sworn

affidavit that the petitioner identifies as a gender other than the

gender indicated on the petitioner's birth certificate, to amend

the petitioner's birth certificate in the manner provided by

Section 192.011, Health and Safety Code, to reflect the

petitioner's true gender.

(c) This section may not be construed to require a surgical

procedure as a prerequisite for a court order under Subsection (a)

or (b).

SECTION 18. Chapter 51, Family Code, is amended by adding

Section 51.015 to read as follows:

Sec. 51.015. CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.

When necessary to implement the rights and duties of spouses or

parents in a marriage between persons of the same sex under the laws

of this state, gender-specific terminology must be construed in a

neutral manner to refer to a person of either gender.

SECTION 19. Chapter 101, Family Code, is amended by adding

Section 101.0012 to read as follows:

Sec. 101.0012. CONSTRUCTION OF GENDER-SPECIFIC

TERMINOLOGY. When necessary to implement the rights and duties of

spouses or parents in a marriage between persons of the same sex

under the laws of this state, gender-specific terminology must be

construed in a neutral manner to refer to a person of either gender.

SECTION 20. Section 101.024(a), Family Code, is amended to

read as follows:

(a) "Parent" means the mother, a man presumed to be the

father, an individual [ a man ] legally determined to be a parent [ the

father ], an individual [ a man ] who has been adjudicated to be a

parent [ the father ] by a court of competent jurisdiction, an

individual [ a man ] who has acknowledged the individual's parentage

[ his paternity ] under applicable law, or an adoptive mother or

father. Except as provided by Subsection (b), the term does not

include a parent as to whom the parent-child relationship has been

terminated.

SECTION 21. Section 108.009(b), Family Code, is amended to

read as follows:

(b) The new certificate may not show that a parent-child

[ the father and child ] relationship was established after the

child's birth but may show the child's actual place and date of

birth.

SECTION 22. Section 152.310(d), Family Code, is amended to

read as follows:

(d) A privilege against disclosure of communications

between spouses and a defense of immunity based on the relationship

of spouses [ husband and wife ] or parent and child may not be invoked

in a proceeding under this subchapter.

SECTION 23. Section 153.312(b), Family Code, is amended to

read as follows:

(b) The following provisions govern possession of the child

for vacations and certain specific holidays and supersede

conflicting weekend or Thursday periods of possession. The

possessory conservator and the managing conservator shall have

rights of possession of the child as follows:

(1) the possessory conservator shall have possession

in even-numbered years, beginning at 6 p.m. on the day the child is

dismissed from school for the school's spring vacation and ending

at 6 p.m. on the day before school resumes after that vacation, and

the managing conservator shall have possession for the same period

in odd-numbered years;

(2) if a possessory conservator:

(A) gives the managing conservator written

notice by April 1 of each year specifying an extended period or

periods of summer possession, the possessory conservator shall have

possession of the child for 30 days beginning not earlier than the

day after the child's school is dismissed for the summer vacation

and ending not later than seven days before school resumes at the

end of the summer vacation, to be exercised in not more than two

separate periods of at least seven consecutive days each, with each

period of possession beginning and ending at 6 p.m. on each

applicable day; or

(B) does not give the managing conservator

written notice by April 1 of each year specifying an extended period

or periods of summer possession, the possessory conservator shall

have possession of the child for 30 consecutive days beginning at 6

p.m. on July 1 and ending at 6 p.m. on July 31;

(3) if the managing conservator gives the possessory

conservator written notice by April 15 of each year, the managing

conservator shall have possession of the child on any one weekend

beginning Friday at 6 p.m. and ending at 6 p.m. on the following

Sunday during one period of possession by the possessory

conservator under Subdivision (2), provided that the managing

conservator picks up the child from the possessory conservator and

returns the child to that same place; and

(4) if the managing conservator gives the possessory

conservator written notice by April 15 of each year or gives the

possessory conservator 14 days' written notice on or after April 16

of each year, the managing conservator may designate one weekend

beginning not earlier than the day after the child's school is

dismissed for the summer vacation and ending not later than seven

days before school resumes at the end of the summer vacation, during

which an otherwise scheduled weekend period of possession by the

possessory conservator will not take place, provided that the

weekend designated does not interfere with the possessory

conservator's period or periods of extended summer possession or

with Father's Day if the possessory conservator is a [ the ] father of

the child who is entitled to possession of the child for Father's

Day weekend that year .

SECTION 24. Sections 153.313 and 153.314, Family Code, are

amended to read as follows:

Sec. 153.313. PARENTS WHO RESIDE OVER 100 MILES APART. If

the possessory conservator resides more than 100 miles from the

residence of the child, the possessory conservator shall have the

right to possession of the child as follows:

(1) either regular weekend possession beginning on the

first, third, and fifth Friday as provided under the terms

applicable to parents who reside 100 miles or less apart or not more

than one weekend per month of the possessory conservator's choice

beginning at 6 p.m. on the day school recesses for the weekend and

ending at 6 p.m. on the day before school resumes after the weekend,

provided that the possessory conservator gives the managing

conservator 14 days' written or telephonic notice preceding a

designated weekend, and provided that the possessory conservator

elects an option for this alternative period of possession by

written notice given to the managing conservator within 90 days

after the parties begin to reside more than 100 miles apart, as

applicable;

(2) each year beginning at 6 p.m. on the day the child

is dismissed from school for the school's spring vacation and

ending at 6 p.m. on the day before school resumes after that

vacation;

(3) if the possessory conservator:

(A) gives the managing conservator written

notice by April 1 of each year specifying an extended period or

periods of summer possession, the possessory conservator shall have

possession of the child for 42 days beginning not earlier than the

day after the child's school is dismissed for the summer vacation

and ending not later than seven days before school resumes at the

end of the summer vacation, to be exercised in not more than two

separate periods of at least seven consecutive days each, with each

period of possession beginning and ending at 6 p.m. on each

applicable day; or

(B) does not give the managing conservator

written notice by April 1 of each year specifying an extended period

or periods of summer possession, the possessory conservator shall

have possession of the child for 42 consecutive days beginning at 6

p.m. on June 15 and ending at 6 p.m. on July 27;

(4) if the managing conservator gives the possessory

conservator written notice by April 15 of each year the managing

conservator shall have possession of the child on one weekend

beginning Friday at 6 p.m. and ending at 6 p.m. on the following

Sunday during one period of possession by the possessory

conservator under Subdivision (3), provided that if a period of

possession by the possessory conservator exceeds 30 days, the

managing conservator may have possession of the child under the

terms of this subdivision on two nonconsecutive weekends during

that time period, and further provided that the managing

conservator picks up the child from the possessory conservator and

returns the child to that same place; and

(5) if the managing conservator gives the possessory

conservator written notice by April 15 of each year, the managing

conservator may designate 21 days beginning not earlier than the

day after the child's school is dismissed for the summer vacation

and ending not later than seven days before school resumes at the

end of the summer vacation, to be exercised in not more than two

separate periods of at least seven consecutive days each, with each

period of possession beginning and ending at 6 p.m. on each

applicable day, during which the possessory conservator may not

have possession of the child, provided that the period or periods so

designated do not interfere with the possessory conservator's

period or periods of extended summer possession or with Father's

Day if the possessory conservator is a [ the ] father of the child who

is entitled to possession of the child for Father's Day weekend that

year .

Sec. 153.314. HOLIDAY POSSESSION UNAFFECTED BY DISTANCE

PARENTS RESIDE APART. The following provisions govern possession

of the child for certain specific holidays and supersede

conflicting weekend or Thursday periods of possession without

regard to the distance the parents reside apart. The possessory

conservator and the managing conservator shall have rights of

possession of the child as follows:

(1) the possessory conservator shall have possession

of the child in even-numbered years beginning at 6 p.m. on the day

the child is dismissed from school for the Christmas school

vacation and ending at noon on December 28, and the managing

conservator shall have possession for the same period in

odd-numbered years;

(2) the possessory conservator shall have possession

of the child in odd-numbered years beginning at noon on December 28

and ending at 6 p.m. on the day before school resumes after that

vacation, and the managing conservator shall have possession for

the same period in even-numbered years;

(3) the possessory conservator shall have possession

of the child in odd-numbered years, beginning at 6 p.m. on the day

the child is dismissed from school before Thanksgiving and ending

at 6 p.m. on the following Sunday, and the managing conservator

shall have possession for the same period in even-numbered years;

(4) the parent not otherwise entitled under this

standard possession order to present possession of a child on the

child's birthday shall have possession of the child beginning at 6

p.m. and ending at 8 p.m. on that day, provided that the parent

picks up the child from the residence of the conservator entitled to

possession and returns the child to that same place;

(5) if a conservator, the father shall have possession

of the child beginning at 6 p.m. on the Friday preceding Father's

Day and ending on Father's Day at 6 p.m., provided that, if he is not

otherwise entitled under this standard possession order to present

possession of the child, he picks up the child from the residence of

the conservator entitled to possession and returns the child to

that same place , except if the child has two fathers appointed as

conservators, the managing conservator shall have possession of the

child for the period described by this subdivision in even-numbered

years and the possessory conservator shall have possession of the

child for that period in odd-numbered years ; and

(6) if a conservator, the mother shall have possession

of the child beginning at 6 p.m. on the Friday preceding Mother's

Day and ending on Mother's Day at 6 p.m., provided that, if she is

not otherwise entitled under this standard possession order to

present possession of the child, she picks up the child from the

residence of the conservator entitled to possession and returns the

child to that same place , except if the child has two mothers

appointed as conservators, the managing conservator shall have

possession of the child for the period described by this

subdivision in even-numbered years and the possessory conservator

shall have possession of the child for that period in odd-numbered

years .

SECTION 25. Section 159.316(i), Family Code, is amended to

read as follows:

(i) The defense of immunity based on the relationship of

spouses [ husband and wife ] or parent and child does not apply in a

proceeding under this chapter.

SECTION 26. Section 162.014(a), Family Code, is amended to

read as follows:

(a) If the joint petitioners are spouses [ husband and wife ]

and it would be unduly difficult for one of the petitioners to

appear at the hearing, the court may waive the attendance of that

petitioner if the other spouse is present.

SECTION 27. Section 24.601(b), Government Code, is amended

to read as follows:

(b) A family district court has primary responsibility for

cases involving family law matters. These matters include:

(1) adoptions;

(2) birth records;

(3) divorce and marriage annulment;

(4) child welfare, custody, support and reciprocal

support, dependency, neglect, and delinquency;

(5) parent and child; and

(6) spouses [ husband and wife ].

SECTION 28. Section 573.025(a), Government Code, is amended

to read as follows:

(a) Spouses [ A husband and wife ] are related to each other

in the first degree by affinity. For other relationships by

affinity, the degree of relationship is the same as the degree of

the underlying relationship by consanguinity. For example: if two

individuals are related to each other in the second degree by

consanguinity, the spouse of one of the individuals is related to

the other individual in the second degree by affinity.

SECTION 29. Section 85.007(b), Health and Safety Code, is

amended to read as follows:

(b) The materials in the education programs intended for

persons younger than 18 years of age must[ :

[ (1) ] emphasize sexual abstinence before marriage and

fidelity in marriage as the expected standard in terms of public

health and the most effective ways to prevent HIV infection,

sexually transmitted diseases, and unwanted pregnancies[ ; and

[ (2) state that homosexual conduct is not an

acceptable lifestyle and is a criminal offense under Section 21.06,

Penal Code ].

SECTION 30. Section 163.002, Health and Safety Code, is

amended to read as follows:

Sec. 163.002. INSTRUCTIONAL ELEMENTS. Course materials and

instruction relating to sexual education or sexually transmitted

diseases should include:

(1) an emphasis on sexual abstinence as the only

completely reliable method of avoiding unwanted teenage pregnancy

and sexually transmitted diseases;

(2) an emphasis on the importance of self-control,

responsibility, and ethical conduct in making decisions relating to

sexual behavior;

(3) statistics, based on the latest medical

information, that indicate the efficacy of the various forms of

contraception;

(4) information concerning the laws relating to the

financial responsibilities associated with pregnancy, childbirth,

and child rearing;

(5) information concerning the laws prohibiting

sexual abuse and the legal and counseling options available to

victims of sexual abuse;

(6) information on how to cope with and rebuff

unwanted physical and verbal sexual advances, as well as the

importance of avoiding the sexual exploitation of other persons;

(7) psychologically sound methods of resisting

unwanted peer pressure; and

(8) emphasis, provided in a factual manner and from a

public health perspective, that homosexuality is not a lifestyle

acceptable to the general public [ and that homosexual conduct is a

criminal offense under Section 21.06, Penal Code ].

SECTION 31. Section 164.052(a), Occupations Code, is

amended to read as follows:

(a) A physician or an applicant for a license to practice

medicine commits a prohibited practice if that person:

(1) submits to the board a false or misleading

statement, document, or certificate in an application for a

license;

(2) presents to the board a license, certificate, or

diploma that was illegally or fraudulently obtained;

(3) commits fraud or deception in taking or passing an

examination;

(4) uses alcohol or drugs in an intemperate manner

that, in the board's opinion, could endanger a patient's life;

(5) commits unprofessional or dishonorable conduct

that is likely to deceive or defraud the public, as provided by

Section 164.053, or injure the public;

(6) uses an advertising statement that is false,

misleading, or deceptive;

(7) advertises professional superiority or the

performance of professional service in a superior manner if that

advertising is not readily subject to verification;

(8) purchases, sells, barters, or uses, or offers to

purchase, sell, barter, or use, a medical degree, license,

certificate, or diploma, or a transcript of a license, certificate,

or diploma in or incident to an application to the board for a

license to practice medicine;

(9) alters, with fraudulent intent, a medical license,

certificate, or diploma, or a transcript of a medical license,

certificate, or diploma;

(10) uses a medical license, certificate, or diploma,

or a transcript of a medical license, certificate, or diploma that

has been:

(A) fraudulently purchased or issued;

(B) counterfeited; or

(C) materially altered;

(11) impersonates or acts as proxy for another person

in an examination required by this subtitle for a medical license;

(12) engages in conduct that subverts or attempts to

subvert an examination process required by this subtitle for a

medical license;

(13) impersonates a physician or permits another to

use the person's license or certificate to practice medicine in

this state;

(14) directly or indirectly employs a person whose

license to practice medicine has been suspended, canceled, or

revoked;

(15) associates in the practice of medicine with a

person:

(A) whose license to practice medicine has been

suspended, canceled, or revoked; or

(B) who has been convicted of the unlawful

practice of medicine in this state or elsewhere;

(16) performs or procures a criminal abortion, aids or

abets in the procuring of a criminal abortion, attempts to perform

or procure a criminal abortion, or attempts to aid or abet the

performance or procurement of a criminal abortion;

(17) directly or indirectly aids or abets the practice

of medicine by a person, partnership, association, or corporation

that is not licensed to practice medicine by the board;

(18) performs an abortion on a woman who is pregnant

with a viable unborn child during the third trimester of the

pregnancy unless:

(A) the abortion is necessary to prevent the

death of the woman;

(B) the viable unborn child has a severe,

irreversible brain impairment; or

(C) the woman is diagnosed with a significant

likelihood of suffering imminent severe, irreversible brain damage

or imminent severe, irreversible paralysis;

(19) performs an abortion on an unemancipated minor

without the written consent of the child's parent, managing

conservator, or legal guardian or without a court order, as

provided by Section 33.003 or 33.004, Family Code, unless the

abortion is necessary due to a medical emergency, as defined by

Section 171.002, Health and Safety Code;

(20) otherwise performs an abortion on an

unemancipated minor in violation of Chapter 33, Family Code;

(21) performs or induces or attempts to perform or

induce an abortion in violation of Subchapter C, F, or G, Chapter

171, Health and Safety Code;

(22) in complying with the procedures outlined in

Sections 166.045 and 166.046, Health and Safety Code, wilfully

fails to make a reasonable effort to transfer a patient to a

physician who is willing to comply with a directive; or

(23) performs or delegates to another individual the

performance of a pelvic examination on an anesthetized or

unconscious patient in violation of Section 167A.002, Health and

Safety Code [ ; or

[ (24) performs a gender transitioning or gender

reassignment procedure or treatment in violation of Section

161.702, Health and Safety Code ].

SECTION 32. Section 21.11(b), Penal Code, is amended to

read as follows:

(b) It is an affirmative defense to prosecution under this

section that the actor:

(1) was not more than three years older than the victim

[ and of the opposite sex ];

(2) did not use duress, force, or a threat against the

victim at the time of the offense; and

(3) at the time of the offense:

(A) was not required under Chapter 62, Code of

Criminal Procedure, to register for life as a sex offender; or

(B) was not a person who under Chapter 62 , Code of

Criminal Procedure, had a reportable conviction or adjudication for

an offense under this section.

SECTION 33. Section 301.003, Property Code, is amended by

amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)

to read as follows:

(6) "Disability" means a mental or physical impairment

that substantially limits at least one major life activity, a

record of the impairment, or being regarded as having the

impairment. The term does not include current illegal use or

addiction to any drug or illegal or federally controlled substance

[ and does not apply to an individual because of an individual's

sexual orientation or because that individual is a transvestite ].

(9-a) "Gender identity or expression" means having or

being perceived as having a gender-related identity, appearance,

expression, or behavior, regardless of whether that identity,

appearance, expression, or behavior is different from that commonly

associated with the individual's actual or perceived sex.

(10-a) "Sexual orientation" means the actual or

perceived status of an individual with respect to the individual's

sexuality.

SECTION 34. Sections 301.021(a) and (b), Property Code, are

amended to read as follows:

(a) A person may not refuse to sell or rent, after the making

of a bona fide offer, refuse to negotiate for the sale or rental of,

or in any other manner make unavailable or deny a dwelling to

another because of race, color, religion, sex, familial status,

[ or ] national origin , sexual orientation, or gender identity or

expression .

(b) A person may not discriminate against another in the

terms, conditions, or privileges of sale or rental of a dwelling or

in providing services or facilities in connection with a sale or

rental of a dwelling because of race, color, religion, sex,

familial status, [ or ] national origin , sexual orientation, or

gender identity or expression .

SECTION 35. Section 301.022, Property Code, is amended to

read as follows:

Sec. 301.022. PUBLICATION. A person may not make, print, or

publish or effect the making, printing, or publishing of a notice,

statement, or advertisement that is about the sale or rental of a

dwelling and that indicates any preference, limitation, or

discrimination or the intention to make a preference, limitation,

or discrimination because of race, color, religion, sex,

disability, familial status, [ or ] national origin , sexual

orientation, or gender identity or expression .

SECTION 36. Section 301.023, Property Code, is amended to

read as follows:

Sec. 301.023. INSPECTION. A person may not represent to

another because of race, color, religion, sex, disability, familial

status, [ or ] national origin , sexual orientation, or gender

identity or expression that a dwelling is not available for

inspection for sale or rental when the dwelling is available for

inspection.

SECTION 37. Section 301.024, Property Code, is amended to

read as follows:

Sec. 301.024. ENTRY INTO NEIGHBORHOOD. A person may not,

for profit, induce or attempt to induce another to sell or rent a

dwelling by representations regarding the entry or prospective

entry into a neighborhood of a person of a particular race, color,

religion, sex, disability, familial status, [ or ] national origin ,

sexual orientation, or gender identity or expression .

SECTION 38. Section 301.026(a), Property Code, is amended

to read as follows:

(a) A person whose business includes engaging in

residential real estate related transactions may not discriminate

against another in making a real estate related transaction

available or in the terms or conditions of a real estate related

transaction because of race, color, religion, sex, disability,

familial status, [ or ] national origin , sexual orientation, or

gender identity or expression .

SECTION 39. Section 301.027, Property Code, is amended to

read as follows:

Sec. 301.027. BROKERAGE SERVICES. A person may not deny

another access to, or membership or participation in, a

multiple-listing service, real estate brokers' organization, or

other service, organization, or facility relating to the business

of selling or renting dwellings, or discriminate against a person

in the terms or conditions of access, membership, or participation

in such an organization, service, or facility because of race,

color, religion, sex, disability, familial status, [ or ] national

origin , sexual orientation, or gender identity or expression .

SECTION 40. Sections 301.042(a) and (c), Property Code, are

amended to read as follows:

(a) This chapter does not prohibit a religious

organization, association, or society or a nonprofit institution or

organization operated, supervised, or controlled by or in

conjunction with a religious organization, association, or society

from:

(1) limiting the sale, rental, or occupancy of

dwellings that it owns or operates for other than a commercial

purpose to persons of the same religion; or

(2) giving preference to persons of the same religion,

unless membership in the religion is restricted because of race,

color, sex, disability, familial status, [ or ] national origin ,

sexual orientation, or gender identity or expression .

(c) This chapter does not prohibit a person engaged in the

business of furnishing appraisals of real property from considering

in those appraisals factors other than race, color, religion, sex,

disability, familial status, [ or ] national origin , sexual

orientation, or gender identity or expression .

SECTION 41. Section 301.068, Property Code, is amended to

read as follows:

Sec. 301.068. REFERRAL TO MUNICIPALITY. (a) Subject to

Subsection (b), the [ The ] commission may defer proceedings under

this chapter and refer a complaint to a municipality that has been

certified by the federal Department of Housing and Urban

Development as a substantially equivalent fair housing agency.

(b) The commission may not defer proceedings and refer a

complaint under Subsection (a) to a municipality in which the

alleged discrimination occurred if:

(1) the complaint alleges discrimination based on

sexual orientation or gender identity or expression; and

(2) the municipality does not have laws prohibiting

the alleged discrimination.

SECTION 42. Section 301.171(a), Property Code, is amended

to read as follows:

(a) A person commits an offense if the person, without

regard to whether the person is acting under color of law, by force

or threat of force intentionally intimidates or interferes with a

person:

(1) because of the person's race, color, religion,

sex, disability, familial status, [ or ] national origin , sexual

orientation, or gender identity or expression and because the

person is or has been selling, purchasing, renting, financing,

occupying, or contracting or negotiating for the sale, purchase,

rental, financing, or occupation of any dwelling or applying for or

participating in a service, organization, or facility relating to

the business of selling or renting dwellings; or

(2) because the person is or has been or to intimidate

the person from:

(A) participating, without discrimination

because of race, color, religion, sex, disability, familial status,

[ or ] national origin, sexual orientation, or gender identity or

expression, in an activity, service, organization, or facility

described by Subdivision (1); [ or ]

(B) affording another person opportunity or

protection to so participate; or

(C) lawfully aiding or encouraging other persons

to participate, without discrimination because of race, color,

religion, sex, disability, familial status, [ or ] national origin,

sexual orientation, or gender identity or expression, in an

activity, service, organization, or facility described by

Subdivision (1).

SECTION 43. The following laws are repealed:

(1) Section 2.001(b), Family Code;

(2) Section 6.204, Family Code;

(3) Sections 810.001(g), (h), and (i), Government

Code;

(4) Section 62.151(g), Health and Safety Code;

(5) Subchapter X, Chapter 161, Health and Safety Code,

as added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,

Regular Session, 2023;

(6) Section 32.024(pp), Human Resources Code;

(7) Section 164.0552, Occupations Code; and

(8) Section 21.06, Penal Code.

SECTION 44. Article 42.014, Code of Criminal Procedure, as

amended by this Act, applies only to an offense committed on or

after the effective date of this Act. An offense committed before

the effective date of this Act is governed by the law in effect on

the date the offense was committed, and the former law is continued

in effect for that purpose. For purposes of this section, an offense

was committed before the effective date of this Act if any element

of the offense occurred before that date.

SECTION 45. (a) Notwithstanding Section 11.172(e),

Education Code, as added by this Act, each school district and

open-enrollment charter school shall submit to the Texas Education

Agency information described by that subsection for the 2025-2026

school year not later than October 1, 2026, and the Texas Education

Agency shall include the submitted information in the comprehensive

biennial report required by Section 39.332, Education Code, to be

submitted by the agency not later than December 1, 2026. As

authorized by Section 11.172(e), Education Code, as added by this

Act, the commissioner of education in a timely manner shall adopt

any rules necessary to implement the deadlines specified by this

subsection.

(b) Beginning with the comprehensive biennial report

required by Section 39.332, Education Code, to be submitted not

later than December 1, 2028, the Texas Education Agency shall

include information submitted by school districts and

open-enrollment charter schools in accordance with Section

11.172(e), Education Code, as added by this Act, for the preceding

two school years.

(c) Section 11.172, Education Code, as added by this Act,

applies beginning with the 2025-2026 school year.

SECTION 46. Section 121.151, Estates Code, as amended by

this Act, applies only to the estate of a decedent who dies on or

after the effective date of this Act. The estate of a decedent who

dies before the effective date of this Act is governed by the law as

it existed immediately before the effective date of this Act, and

that law is continued in effect for that purpose.

SECTION 47. Section 1104.001, Estates Code, as amended by

this Act, applies only to an application for the appointment of a

guardian filed on or after the effective date of this Act. An

application for appointment of a guardian filed before the

effective date of this Act is governed by the law in effect on the

date the application was filed, and that law is continued in effect

for that purpose.

SECTION 48. Section 108.009(b), Family Code, as amended by

this Act, applies only to a new birth certificate for a child born

on or after the effective date of this Act. A new birth certificate

for a child born before that date is governed by the law in effect on

the date the child was born, and the former law is continued in

effect for that purpose.

SECTION 49. Sections 153.312(b), 153.313, and 153.314,

Family Code, as amended by this Act, apply only to a court order

providing for possession of or access to a child rendered on or

after the effective date of this Act. A court order rendered before

the effective date of this Act is governed by the law in effect on

the date the order was rendered, and the former law is continued in

effect for that purpose.

SECTION 50. Sections 159.316 and 162.014, Family Code, as

amended by this Act, apply only to a suit affecting the parent-child

relationship filed on or after the effective date of this Act. A

suit affecting the parent-child relationship filed before that date

is governed by the law in effect on the date the suit was filed, and

that law is continued in effect for that purpose.

SECTION 51. Section 24.601, Government Code, as amended by

this Act, applies only to an action filed on or after the effective

date of this Act. An action filed before the effective date of this

Act is governed by the law on the date the action was filed, and that

law is continued in effect for that purpose.

SECTION 52. Section 164.052, Occupations Code, as amended

by this Act, and Section 164.0552, Occupations Code, as repealed by

this Act, apply only to conduct that occurs on or after the

effective date of this Act. Conduct that occurs before the

effective date of this Act is governed by the law in effect on the

date the conduct occurred, and the former law is continued in effect

for that purpose.

SECTION 53. Section 21.11(b), Penal Code, as amended by

this Act, applies to an offense committed on or after the effective

date of this Act and to any criminal action pending on the effective

date of this Act for an offense committed before that effective

date. A final conviction for an offense under Section 21.11, Penal

Code, that exists on the effective date of this Act is unaffected by

this Act.

SECTION 54. Sections 301.003, 301.021, 301.022, 301.023,

301.024, 301.026, 301.027, 301.042, 301.068, and 301.171, Property

Code, as amended by this Act, apply only to a complaint filed with

the Texas Workforce Commission civil rights division on or after

the effective date of this Act. A complaint filed before that date

is governed by the law as it existed immediately before the

effective date of this Act, and that law is continued in effect for

that purpose.

SECTION 55. To the extent of any conflict, this Act prevails

over another Act of the 89th Legislature, Regular Session, 2025,

relating to nonsubstantive additions to and corrections in enacted

codes.

SECTION 56. (a) Except as otherwise provided by Subsection

(b) of this section, this Act takes effect September 1, 2025.

(b) Section 11.172, Education Code, as added by this Act,

takes effect immediately if this Act 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 Section 11.172, Education Code, as added by this

Act, to have immediate effect, that section takes effect September

1, 2025.