Schatzline Bill Counts Any Information As Transition Assistance

The text as introduced · 1,315 words

89R14223 LRM-D

By: Schatzline
H.B. No. 3616

A BILL TO BE ENTITLED

AN ACT

relating to prohibiting social transitioning assistance to minors

by employees of governmental entities, including public schools,

and health care facilities; authorizing civil penalties and loss of

school funding.

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

SECTION 1. Chapter 11, Education Code, is amended by adding

Subchapter I to read as follows:

SUBCHAPTER I. ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED

Sec. 11.401. SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL

TRANSITIONING PROHIBITED. (a) In this subchapter, "social

transitioning" means a person's transition from the gender identity

associated with the person's biological sex assigned at birth to an

alternative gender identity through the adoption of a different

name, different pronouns, or other expressions of gender, including

clothing and hairstyles, that are:

(1) typically associated with the biological sex

opposite of the person's biological sex assigned at birth; and

(2) intended to communicate the person's alternative

gender identity.

(b) The board of trustees of a school district shall adopt a

policy:

(1) prohibiting an employee of the district from

assisting a minor who is a student enrolled in the district with

social transitioning, including by providing any information about

social transitioning; and

(2) requiring an employee of the district who becomes

aware that a minor who is a student enrolled in the district is

socially transitioning to notify a parent, managing or possessory

conservator, or legal guardian of the minor.

(c) The board of trustees of a school district may not adopt

a confidentiality policy that conflicts with a policy adopted under

Subsection (b).

(d) The board of trustees of a school district shall

investigate any suspected violation of the policy adopted under

Subsection (b) and determine whether the violation occurred. If

the board determines that a district employee has assisted a minor

who is a student enrolled at the district with social

transitioning, the board shall immediately report the violation to

the commissioner. The board may terminate a district employee for a

second or subsequent violation of the policy adopted under

Subsection (b).

(e) If the commissioner finds on an appeal under Section

7.057 that a school district has violated this section, or if the

board of trustees of a district notifies the commissioner about a

violation of the district's policy adopted under Subsection (b),

notwithstanding any other law, the commissioner shall withhold the

funding to which the district is entitled under Chapters 46, 48, and

49 for the school year during which the violation occurred. The

commissioner may adjust the district's entitlement to funding under

those chapters for subsequent school years as necessary to recover

any state funding already paid to the district for the school year

in which the violation occurred.

SECTION 2. Section 12.104, Education Code, is amended by

adding Subsection (b-5) to read as follows:

(b-5) Section 11.401 applies to an open-enrollment charter

school as though the governing body of the school were the board of

trustees of a school district.

SECTION 3. Subtitle A, Title 6, Government Code, is amended

by adding Chapter 621 to read as follows:

CHAPTER 621. ASSISTANCE WITH SOCIAL TRANSITIONING OF MINORS BY

EMPLOYEES OF GOVERNMENTAL ENTITIES PROHIBITED

Sec. 621.001. DEFINITIONS. In this chapter:

(1) "Governmental entity" means:

(A) a department, commission, board, office, or

other agency in the executive branch of state government that was

created by the constitution or a statute, other than an institution

of higher education as defined by Section 61.003, Education Code;

or

(B) a county, municipality, or other political

subdivision of this state.

(2) "Minor" has the meaning assigned by Section

101.003, Family Code.

(3) "Social transitioning" means a person's transition

from the gender identity associated with the person's biological

sex assigned at birth to an alternative gender identity through the

adoption of a different name, different pronouns, or other

expressions of gender, including clothing and hairstyles, that are:

(A) typically associated with the biological sex

opposite of the person's biological sex assigned at birth; and

(B) intended to communicate the person's

alternative gender identity.

Sec. 621.002. PROHIBITION ON ASSISTANCE; NOTIFICATION OF

PARENT OR OTHER PERSON. (a) An employee of a governmental entity

may not assist a minor with social transitioning, including by

providing information about social transitioning.

(b) An employee of a governmental entity who becomes aware

of a child who is socially transitioning shall notify a parent,

managing or possessory conservator, or legal guardian of the child.

A governmental entity may not adopt a confidentiality policy that

conflicts with this subsection.

Sec. 621.003. FORMAL WARNING OF VIOLATION. If the attorney

general determines that an employee of a governmental entity has

violated or is in violation of this chapter, the attorney general

shall issue a formal warning for a first violation of this chapter

and include in the warning the specific violation.

Sec. 621.004. EMPLOYEE SUBJECT TO TERMINATION. A

governmental entity may terminate the employment of an employee of

the entity for a second or subsequent violation of this chapter

after the employee has received a formal warning under Section

621.003.

SECTION 4. Subtitle H, Title 4, Health and Safety Code, is

amended by adding Chapter 332 to read as follows:

CHAPTER 332. ASSISTANCE WITH SOCIAL TRANSITIONING OF MINORS

PROHIBITED

Sec. 332.001. DEFINITIONS. In this chapter:

(1) "Health facility" means a facility in this state

maintained or operated through the receipt of any state money for

the purpose of providing health care services.

(2) "Minor" has the meaning assigned by Section

101.003, Family Code.

(3) "Social transitioning" means a person's transition

from the gender identity associated with the person's biological

sex assigned at birth to an alternative gender identity through the

adoption of a different name, different pronouns, or other

expressions of gender, including clothing and hairstyles, that are:

(A) typically associated with the biological sex

opposite of the person's biological sex assigned at birth; and

(B) intended to communicate the person's

alternative gender identity.

Sec. 332.002. SOCIAL TRANSITIONING ASSISTANCE PROHIBITED.

An employee of a health facility may not assist a minor with social

transitioning, including by providing information about social

transitioning, or advise a parent on the social transitioning of a

minor child of the parent.

Sec. 332.003. CIVIL PENALTY. (a) An employee of a health

facility who violates this chapter is liable for a civil penalty of

not more than $5,000 for a first violation of this chapter.

(b) The attorney general may bring an action to recover a

civil penalty against an employee of a health facility for a

violation of this chapter.

Sec. 332.004. ENFORCEMENT BY STATE AGENCIES; RULES. (a)

This section applies only to a second or subsequent violation of

this chapter by an employee of a health facility.

(b) Notwithstanding any other law, each appropriate state

agency shall ensure that employees of health facilities in this

state comply with this chapter and may require compliance with this

chapter as a condition of a license, certificate, registration,

permit, or other authorization issued by the agency that is

required for employees to practice or engage in a particular

business, occupation, or profession in this state.

(c) Notwithstanding any other law, if a state agency that

issues a license, certificate, registration, permit, or other

authorization for a person to practice or engage in a particular

business, occupation, or profession in this state determines that

an employee of a health facility failed to comply with this chapter,

the agency may suspend or revoke any license, certificate,

registration, permit, or other authorization issued by the agency.

(d) A proceeding under Subsection (c) is subject to Chapter

2001, Government Code.

(e) Each appropriate state agency shall adopt rules and

prescribe forms as necessary to implement this section.

SECTION 5. Subchapter I, Chapter 11, Education Code, as

added by this Act, and Section 12.104, Education Code, as amended by

this Act, apply beginning with the 2025-2026 school year.

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