87R5728 KJE-D     By: Perry S.B. No. 373       A BILL TO BE ENTITLED   AN ACT   relating to requiring public school students to participate in   interscholastic athletic activities based on biological sex.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter D, Chapter 33, Education Code, is   amended by adding Section 33.0832 to read as follows:          Sec. 33.0832.  INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED   ON BIOLOGICAL SEX. (a)  Except as provided by Subsection (b), an   interscholastic athletic team sponsored or authorized by a school   district or open-enrollment charter school may not allow a student   to participate in an interscholastic athletic activity sponsored or   authorized by the district or school that is designated for the   biological sex opposite to the student's biological sex as assigned   at the student's birth and correctly stated on the student's   official birth certificate.          (b)  An interscholastic athletic team described by   Subsection (a) may allow a female student to participate in an   interscholastic athletic activity that is designated for male   students if a corresponding interscholastic athletic activity   designated for female students is not offered or available.          (c)  For purposes of this section, a statement of a student's   biological sex on the student's official birth certificate is   considered to have correctly stated the student's biological sex as   assigned at the student's birth if the statement was:                (1)  entered at or near the time of the student's birth,   as determined by University Interscholastic League rule; or                (2)  modified to correct a clerical error in the   student's biological sex.          SECTION 2.  This Act applies beginning with the 2021-2022   school year.          SECTION 3.  This Act takes effect immediately if it 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 immediate effect, this   Act takes effect September 1, 2021.