Tinderholt Bill Makes The Existing Ban A State Jail Felony

The text as introduced · 530 words

89R1535 EAS-D

By: Tinderholt
H.B. No. 3431

A BILL TO BE ENTITLED

AN ACT

relating to prohibitions on the provision to certain children of

gender transitioning or reassignment procedures and treatments and

gender-affirming therapy and counseling; creating criminal

offenses.

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

SECTION 1. Section 161.701, Health and Safety Code, as

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

Regular Session, 2023, is amended by adding Subdivision (3-a) to

read as follows:

(3-a) "Non-physician mental health professional" has

the meaning assigned by Section 571.003.

SECTION 2. Section 161.702, 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:

Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING

OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN

CHILDREN ; CRIMINAL PENALTY . (a) For the purpose of transitioning

a child's biological sex as determined by the sex organs,

chromosomes, and endogenous profiles of the child or affirming the

child's perception of the child's sex if that perception is

inconsistent with the child's biological sex, a physician or health

care provider may not knowingly:

(1) perform a surgery that sterilizes the 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.

(b) A person who violates this section commits an offense.

An offense under this section is a state jail felony.

SECTION 3. 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 by adding Sections

161.7035 and 161.7036 to read as follows:

Sec. 161.7035. PROHIBITED PROVISION OF GENDER-AFFIRMING

THERAPY AND COUNSELING; CRIMINAL PENALTY. (a) A non-physician

mental health professional may not provide gender-affirming

therapy or counseling to a child to treat gender dysphoria if the

purpose of the therapy or counseling is to affirm a gender

inconsistent with the child's biological sex, as determined by the

sex organs, chromosomes, and endogenous profiles of the child.

(b) A person who violates this section commits an offense.

An offense under this section is a state jail felony.

Sec. 161.7036. PROHIBITED REFERRAL TO HEALTH CARE

PRACTITIONER IN ANOTHER STATE; CRIMINAL PENALTY. (a) A physician,

health care provider, or non-physician mental health professional

may not refer a child to a health care practitioner licensed or

otherwise authorized to provide health care in another state for

provision of:

(1) a procedure or treatment that violates Section

161.702 if performed in this state; or

(2) therapy or counseling that violates Section

161.7035 if performed in this state.

(b) A person who violates this section commits an offense.

An offense under this section is a state jail felony.

SECTION 4. This Act takes effect September 1, 2025.