Bill Extends Gender Transition Ban To Adults, Defunds Any Facilitator

The text as introduced · 1,014 words

89R8311 EAS-D

By: Money
H.B. No. 3399

A BILL TO BE ENTITLED

AN ACT

relating to the provision of procedures and treatments for gender

transitioning, gender reassignment, or gender dysphoria and the use

of public money or public assistance to provide those procedures or

treatments.

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

SECTION 1. The heading to Subchapter X, Chapter 161, Health

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

Legislature, Regular Session, 2023, is amended to read as follows:

SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT

PROCEDURES AND TREATMENTS [ FOR CERTAIN CHILDREN ]

SECTION 2. Sections 161.701, 161.702, 161.703, 161.704, and

161.705, Health and Safety Code, as added by Chapter 335 (S.B. 14),

Acts of the 88th Legislature, Regular Session, 2023, are amended to

read as follows:

Sec. 161.701. DEFINITIONS. In this subchapter:

(1) [ "Child" means an individual who is younger than

18 years of age.

[ (2) ] "Health care provider" means a person other than

a physician who is licensed, certified, or otherwise authorized by

this state's laws to provide or render health care or to dispense or

prescribe a prescription drug in the ordinary course of business or

practice of a profession.

(2) [ (3) ] "Medicaid" means the medical assistance

program established under Chapter 32, Human Resources Code.

(3) [ (4) ] "Physician" means a person licensed to

practice medicine in this state.

Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING

OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS [ TO CERTAIN

CHILDREN ]. For the purpose of transitioning a person's [ child's ]

biological sex as determined by the sex organs, chromosomes, and

endogenous profiles of the person [ child ] or affirming the person's

[ child's ] perception of the person's [ child's ] sex if that

perception is inconsistent with the person's [ child's ] biological

sex, a physician or health care provider may not knowingly:

(1) perform a surgery that sterilizes the person

[ child ], including:

(A) castration;

(B) vasectomy;

(C) hysterectomy;

(D) oophorectomy;

(E) metoidioplasty;

(F) orchiectomy;

(G) penectomy;

(H) phalloplasty; and

(I) vaginoplasty;

(2) perform a mastectomy;

(3) provide, prescribe, administer, or dispense any of

the following prescription drugs that induce transient or permanent

infertility:

(A) puberty suppression or blocking prescription

drugs to stop or delay normal puberty;

(B) supraphysiologic doses of testosterone to

females; or

(C) supraphysiologic doses of estrogen to males;

or

(4) remove any otherwise healthy or non-diseased body

part or tissue.

Sec. 161.703. EXCEPTIONS. (a) Section 161.702 does not

apply to the provision by a physician or health care provider to a

person , including a child with the consent of the child's parent or

legal guardian, of:

(1) puberty suppression or blocking prescription

drugs for the purpose of normalizing puberty for a minor

experiencing precocious puberty; or

(2) appropriate and medically necessary procedures or

treatments to a person [ child ] who:

(A) is born with a medically verifiable genetic

disorder of sex development, including:

(i) 46,XX chromosomes with virilization;

(ii) 46,XY chromosomes with

undervirilization; or

(iii) both ovarian and testicular tissue;

or

(B) does not have the normal sex chromosome

structure for male or female as determined by a physician through

genetic testing.

(b) Section 161.702 does not apply to the provision of a

prescription drug to a person [ child ] that is otherwise prohibited

by that section if:

(1) the prescription drug is part of a continuing

course of treatment that the person [ child ] began before June 1,

2025 [ 2023 ]; and

(2) the person [ child ] attended 12 or more sessions of

mental health counseling or psychotherapy during a period of at

least six months before the date the course of treatment described

by Subdivision (1) began.

(c) A person [ child ] to whom the exception under Subsection

(b) applies:

(1) shall wean off the prescription drug over a period

of time and in a manner that is safe and medically appropriate and

that minimizes the risk of complications; and

(2) may not switch to or begin a course of treatment on

another prescription drug that a physician or health care provider

is prohibited from providing to the person [ child ] under Section

161.702 or otherwise receive a procedure or treatment prohibited by

that section.

Sec. 161.704. PROHIBITED USE OF PUBLIC MONEY. Public money

may not directly or indirectly be used, granted, paid, or

distributed to any health care provider, medical school, hospital,

physician, or any other entity, organization, or individual that

provides or facilitates the provision of a procedure or treatment

to a person [ child ] that is prohibited under Section 161.702.

Sec. 161.705. PROHIBITED STATE HEALTH PLAN REIMBURSEMENT.

The commission may not provide Medicaid reimbursement and the child

health plan program established by Chapter 62 may not provide

reimbursement to a physician or health care provider for provision

of a procedure or treatment to a person [ child ] that is prohibited

under Section 161.702.

SECTION 3. Section 32.024(pp), Human Resources Code, as

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

Regular Session, 2023, is redesignated as Section 32.024(rr), Human

Resources Code, and amended to read as follows:

(rr) [ (pp) ] The medical assistance program may not provide

coverage for services prohibited by Section 161.702, Health and

Safety Code, that are intended to transition a person's [ child's ]

biological sex as determined by the person's [ child's ] sex organs,

chromosomes, and endogenous profiles.

SECTION 4. The heading to Section 164.0552, Occupations

Code, is amended to read as follows:

Sec. 164.0552. PROHIBITED ACTS REGARDING GENDER

TRANSITIONING OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS [ ON

CERTAIN CHILDREN ].

SECTION 5. If before implementing any provision of this Act

a state agency determines a waiver or authorization from a federal

agency is necessary for implementation of that provision, the

agency affected by the provision shall request the waiver or

authorization and may delay implementing that provision until the

waiver or authorization is granted.

SECTION 6. This Act takes effect September 1, 2025.