bill exempts gender-affirming care from Chapter 22 assault offenses

The text as introduced · 342 words

89R4956 MPF-D

By: Simmons
H.B. No. 2141

A BILL TO BE ENTITLED

AN ACT

relating to the applicability of certain criminal offenses to the

provision of gender-affirming care.

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

SECTION 1. Section 22.12, Penal Code, is amended to read as

follows:

Sec. 22.12. APPLICABILITY TO CERTAIN CONDUCT. (a) This

chapter does not apply to conduct charged as having been committed

against an individual who is an unborn child if the conduct is:

(1) committed by the mother of the unborn child;

(2) a lawful medical procedure performed by a

physician or other health care provider with the requisite consent;

(3) a lawful medical procedure performed by a

physician or other licensed health care provider with the requisite

consent as part of an assisted reproduction as defined by Section

160.102, Family Code; or

(4) the dispensation of a drug in accordance with law

or administration of a drug prescribed in accordance with law.

(b) This chapter does not apply to conduct charged as having

been committed against an individual if the conduct is the

provision of gender-affirming care, including the dispensation of a

drug, in accordance with state and federal law and performed by a

physician or other health care provider with the requisite consent.

(c) In this section, "gender-affirming care" means health

care services provided for the purpose of affirming an individual's

perception of the individual's sex if that perception is

inconsistent with the individual's biological sex.

SECTION 2. The change in law made 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 3. This Act takes effect September 1, 2025.