89R4970 AMF-F     By: Rosenthal H.B. No. 1601       A BILL TO BE ENTITLED   AN ACT   relating to the prohibition, prevention, and remedying of certain   discrimination.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Title 4, Civil Practice and Remedies Code, is   amended by adding Chapter 100B to read as follows:   CHAPTER 100B. LIABILITY ARISING FROM DISCRIMINATION   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 100B.001.  DEFINITIONS.  In this chapter:                (1)  "Aggrieved person" includes any person who:                      (A)  claims to have been injured by a   discriminatory practice; or                      (B)  believes the person will be injured by a   discriminatory practice about to occur.                (2)  "Discriminatory practice" means an act prohibited   by this chapter.                (3)  "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (4)  "Public accommodation" means a business or other   entity offering to the public food, shelter, recreation or   amusement, or any other good, service, privilege, facility, or   accommodation.                (5)  "Religious organization" means:                      (A)  a religious corporation, association, or   society; or                      (B)  a school, institution of higher education, or   other educational institution, not otherwise a religious   organization, that:                            (i)  is wholly or substantially controlled,   managed, owned, or supported by a religious organization; or                            (ii)  has a curriculum directed toward the   propagation of a particular religion.                (6)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.          Sec. 100B.002.  APPLICABILITY OF CHAPTER.  (a)  Except as   provided by Subsection (b), this chapter does not apply to a   religious organization.          (b)  This chapter applies to activities conducted by a   religious organization for profit to the extent those activities   are subject to federal taxation under Section 511(a), Internal   Revenue Code of 1986, as that section existed on September 1, 2025.   SUBCHAPTER B. DISCRIMINATION IN PUBLIC ACCOMMODATIONS PROHIBITED          Sec. 100B.051.  PUBLIC ACCOMMODATIONS.  (a)  Except as   provided by Subsection (b), a person engages in a discriminatory   practice and violates this chapter if the person, because of the   sexual orientation or gender identity or expression of an   individual:                (1)  denies that individual full and equal   accommodation in any place of public accommodation in this state,   subject only to the conditions established by law and applicable to   all persons; or                (2)  otherwise discriminates against or segregates or   separates the individual in a place of public accommodation in this   state based on sexual orientation or gender identity or expression.          (b)  A person does not engage in a discriminatory practice or   violate this chapter under Subsection (a) if segregation or   separation of an individual is necessary to provide a service that:                (1)  provides acceptance, support, and understanding   to the individual;                (2)  assists the individual with coping with the   individual's sexual orientation or gender identity or expression,   maintaining social support, and exploring and identifying the   individual's identity; or                (3)  provides support to an individual undergoing a   gender transition.          (c)  The services described by Subsection (b)(2) include a   sexual orientation-neutral intervention for preventing or   addressing unlawful conduct or unsafe sexual practices if the   intervention does not seek to change the individual's sexual   orientation or gender identity or expression.   SUBCHAPTER C. CAUSE OF ACTION          Sec. 100B.101.  CIVIL ACTION.  An aggrieved person may file a   civil action in district court not later than the second   anniversary of the occurrence of the termination of an alleged   discriminatory practice under this chapter to obtain appropriate   relief with respect to the discriminatory practice.          Sec. 100B.102.  RELIEF GRANTED.  In an action under this   subchapter, if the court finds a discriminatory practice has   occurred or is about to occur, the court may award to the claimant:                (1)  actual and exemplary damages;                (2)  reasonable attorney's fees;                (3)  court costs; and                (4)  any permanent or temporary injunction, temporary   restraining order, or other order, including an order enjoining the   defendant from engaging in the practice or ordering other   appropriate action.          SECTION 2.  Articles 42.014(a) and (c), Code of Criminal   Procedure, are amended to read as follows:          (a)  In the trial of an offense under Title 5, Penal Code, or   Section 28.02, 28.03, 28.08, or 42.0601, Penal Code, the judge   shall make an affirmative finding of fact and enter the affirmative   finding in the judgment of the case if at the guilt or innocence   phase of the trial, the judge or the jury, whichever is the trier of   fact, determines beyond a reasonable doubt that the defendant   intentionally selected the person against whom the offense was   committed, or intentionally selected the person's property that was   damaged or affected as a result of the offense, because of the   defendant's bias or prejudice against a group identified by race,   color, disability, religion, national origin or ancestry, age,   gender, [or] sexual orientation, or gender identity or expression   [preference] or by status as a peace officer or judge.          (c)  In this article:                (1)  "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (2)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's   sexuality[, "sexual preference" has the following meaning only: a   preference for heterosexuality, homosexuality, or bisexuality].          SECTION 3.  Subchapter D, Chapter 11, Education Code, is   amended by adding Section 11.172 to read as follows:          Sec. 11.172.  DISCRIMINATION, HARASSMENT, AND RETALIATION   PROHIBITED. (a)  In this section:                (1)  "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (2)  "Sexual orientation" means the actual or perceived   status of an individual with respect to the individual's sexuality.          (b)  A school district or employee of a school district may   not:                (1)  discriminate against or harass a district employee   or a student enrolled in the district on account of:                      (A)  the actual or perceived ethnicity, color,   gender, gender identity or expression, sexual orientation,   disability, religion, or national origin of the employee, student,   or student's parent; or                      (B)  one or more persons with whom the employee,   student, or student's parent associates; or                (2)  retaliate against a district employee or a student   enrolled in the district for reporting potential discrimination or   harassment prohibited by Subdivision (1).          (c)  This section applies to conduct that occurs:                (1)  on school property;                (2)  while attending a school-sponsored or   school-related activity on or off school property; or                (3)  in connection with transportation of students in a   vehicle owned or operated by a school district or owned or operated   by another entity under contract with a school district.          (d)  A school district shall provide periodic training to   district employees regarding prevention of discrimination and   harassment prohibited by this section and procedures for responding   to reported or observed incidents of prohibited discrimination or   harassment. The training may be provided in conjunction with any   education provided under Section 37.083.          (e)  In accordance with rules adopted by the commissioner,   each school district shall report biennially to the agency   information regarding each incident of alleged discrimination or   harassment that occurred at each campus in the district during the   preceding two school years. The agency shall include the   information, disaggregated by campus, in the comprehensive   biennial report required by Section 39.332.          SECTION 4.  Section 12.104(b), Education Code, is amended to   read as follows:          (b)  An open-enrollment charter school is subject to:                (1)  a provision of this title establishing a criminal   offense;                (2)  the provisions in Chapter 554, Government Code;   and                (3)  a prohibition, restriction, or requirement, as   applicable, imposed by this title or a rule adopted under this   title, relating to:                      (A)  the Public Education Information Management   System (PEIMS) to the extent necessary to monitor compliance with   this subchapter as determined by the commissioner;                      (B)  criminal history records under Subchapter C,   Chapter 22;                      (C)  reading instruments and accelerated reading   instruction programs under Section 28.006;                      (D)  accelerated instruction under Section   28.0211;                      (E)  high school graduation requirements under   Section 28.025;                      (F)  special education programs under Subchapter   A, Chapter 29;                      (G)  bilingual education under Subchapter B,   Chapter 29;                      (H)  prekindergarten programs under Subchapter E   or E-1, Chapter 29, except class size limits for prekindergarten   classes imposed under Section 25.112, which do not apply;                      (I)  extracurricular activities under Section   33.081;                      (J)  discipline management practices or behavior   management techniques under Section 37.0021;                      (K)  health and safety under Chapter 38;                      (L)  the provisions of Subchapter A, Chapter 39;                      (M)  public school accountability and special   investigations under Subchapters A, B, C, D, F, G, and J, Chapter   39, and Chapter 39A;                      (N)  the requirement under Section 21.006 to   report an educator's misconduct;                      (O)  intensive programs of instruction under   Section 28.0213;                      (P)  the right of a school employee to report a   crime, as provided by Section 37.148;                      (Q)  bullying prevention policies and procedures   under Section 37.0832;                      (R)  the right of a school under Section 37.0052   to place a student who has engaged in certain bullying behavior in a   disciplinary alternative education program or to expel the student;                      (S)  the right under Section 37.0151 to report to   local law enforcement certain conduct constituting assault or   harassment;                      (T)  a parent's right to information regarding the   provision of assistance for learning difficulties to the parent's   child as provided by Sections 26.004(b)(11) and 26.0081(c) and (d);                      (U)  establishment of residency under Section   25.001;                      (V)  school safety requirements under Sections   37.0814, 37.108, 37.1081, 37.1082, 37.1083, 37.1084, 37.1085,   37.1086, 37.109, 37.113, 37.114, 37.1141, 37.115, 37.207, and   37.2071 and Subchapter J, Chapter 37;                      (W)  the early childhood literacy and mathematics   proficiency plans under Section 11.185;                      (X)  the college, career, and military readiness   plans under Section 11.186; [and]                      (Y)  parental options to retain a student under   Section 28.02124; and                      (Z)  discrimination, harassment, and retaliation   under Section 11.172.          SECTION 5.  Section 121.151, Estates Code, is amended to   read as follows:          Sec. 121.151.  DISTRIBUTION OF COMMUNITY PROPERTY. (a)   This section applies to community property, including the proceeds   of life or accident insurance that are community property and   become payable to the estate of either spouse [the husband or wife].          (b)  If spouses [a husband and wife] die leaving community   property but neither survives the other by 120 hours, one-half of   all community property shall be distributed as if one spouse [the   husband] had survived, and the other one-half shall be distributed   as if the other spouse [wife] had survived.          SECTION 6.  Section 1104.001(b), Estates Code, is amended to   read as follows:          (b)  Subsection (a) does not prohibit the joint appointment,   if the court finds it to be in the best interest of the   incapacitated person or ward, of:                (1)  spouses [a husband and wife];                (2)  joint managing conservators;                (3)  co-guardians appointed under the laws of a   jurisdiction other than this state; or                (4)  both parents of an adult who is incapacitated if   the incapacitated person:                      (A)  has not been the subject of a suit affecting   the parent-child relationship; or                      (B)  has been the subject of a suit affecting the   parent-child relationship and both of the incapacitated person's   parents were named as joint managing conservators in the suit but   are no longer serving in that capacity.          SECTION 7.  Subchapter A, Chapter 1, Family Code, is amended   by adding Section 1.0015 to read as follows:          Sec. 1.0015.  CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.   When necessary to implement the rights and duties of spouses or   parents in a marriage between persons of the same sex under the laws   of this state, gender-specific terminology must be construed in a   neutral manner to refer to a person of either gender.          SECTION 8.  Section 2.001(a), Family Code, is amended to   read as follows:          (a)  Two individuals [A man and a woman] desiring to enter   into a ceremonial marriage must obtain a marriage license from the   county clerk of any county of this state.          SECTION 9.  Section 2.004(b), Family Code, is amended to   read as follows:          (b)  The application form must contain:                (1)  a heading entitled "Application for Marriage   License, ____________ County, Texas";                (2)  spaces for each applicant's full name, including   the [woman's maiden] surname of an applicant intending to change   the applicant's surname as a result of the marriage, address,   social security number, if any, date of birth, and place of birth,   including city, county, and state;                (3)  a space for indicating the document tendered by   each applicant as proof of identity and age;                (4)  spaces for indicating whether each applicant has   been divorced within the last 30 days;                (5)  printed boxes for each applicant to check "true"   or "false" in response to the following statement:  "I am not   presently married and the other applicant is not presently   married.";                (6)  printed boxes for each applicant to check "true"   or "false" in response to the following statement:  "The other   applicant is not related to me as:                      (A)  an ancestor or descendant, by blood or   adoption;                      (B)  a brother or sister, of the whole or half   blood or by adoption;                      (C)  a parent's brother or sister, of the whole or   half blood or by adoption;                      (D)  a son or daughter of a brother or sister, of   the whole or half blood or by adoption;                      (E)  a current or former stepchild or stepparent;   or                      (F)  a son or daughter of a parent's brother or   sister, of the whole or half blood or by adoption.";                (7)  printed boxes for each applicant to check "true"   or "false" in response to the following statement:  "I am not   presently delinquent in the payment of court-ordered child   support.";                (8)  a printed oath reading:  "I SOLEMNLY SWEAR (OR   AFFIRM) THAT THE INFORMATION I HAVE GIVEN IN THIS APPLICATION IS   CORRECT.";                (9)  spaces immediately below the printed oath for the   applicants' signatures;                (10)  a certificate of the county clerk that:                      (A)  each applicant made the oath and the date and   place that it was made; or                      (B)  an applicant did not appear personally but   the prerequisites for the license have been fulfilled as provided   by this chapter;                (11)  spaces for indicating the date of the marriage   and the county in which the marriage is performed;                (12)  a space for the address to which the applicants   desire the completed license to be mailed; and                (13)  a printed box for each applicant to check   indicating that the applicant wishes to make a voluntary   contribution of $5 to promote healthy early childhood by supporting   the Texas Home Visiting Program administered by the [Office of   Early Childhood Coordination of the] Health and Human Services   Commission.          SECTION 10.  Section 2.401(a), Family Code, is amended to   read as follows:          (a)  In a judicial, administrative, or other proceeding, the   marriage of two individuals [a man and woman] may be proved by   evidence that:                (1)  a declaration of their marriage has been signed as   provided by this subchapter; or                (2)  the individuals [man and woman] agreed to be   married and after the agreement they lived together in this state as   spouses [husband and wife] and there represented to others that   they were married.          SECTION 11.  Section 2.402(b), Family Code, is amended to   read as follows:          (b)  The declaration form must contain:                (1)  a heading entitled "Declaration and Registration   of Informal Marriage, ___________ County, Texas";                (2)  spaces for each party's full name, including the   [woman's maiden] surname of a party intending to change the party's   surname as a result of the marriage, address, date of birth, place   of birth, including city, county, and state, and social security   number, if any;                (3)  a space for indicating the type of document   tendered by each party as proof of age and identity;                (4)  printed boxes for each party to check "true" or   "false" in response to the following statement:  "The other party   is not related to me as:                      (A)  an ancestor or descendant, by blood or   adoption;                      (B)  a brother or sister, of the whole or half   blood or by adoption;                      (C)  a parent's brother or sister, of the whole or   half blood or by adoption;                      (D)  a son or daughter of a brother or sister, of   the whole or half blood or by adoption;                      (E)  a current or former stepchild or stepparent;   or                      (F)  a son or daughter of a parent's brother or   sister, of the whole or half blood or by adoption.";                (5)  a printed declaration and oath reading:  "I   SOLEMNLY SWEAR (OR AFFIRM) THAT WE, THE UNDERSIGNED, ARE MARRIED TO   EACH OTHER BY VIRTUE OF THE FOLLOWING FACTS:  ON OR ABOUT (DATE) WE   AGREED TO BE MARRIED, AND AFTER THAT DATE WE LIVED TOGETHER AS   SPOUSES [HUSBAND AND WIFE] AND IN THIS STATE WE REPRESENTED TO   OTHERS THAT WE WERE MARRIED.  SINCE THE DATE OF MARRIAGE TO THE   OTHER PARTY I HAVE NOT BEEN MARRIED TO ANY OTHER PERSON.  THIS   DECLARATION IS TRUE AND THE INFORMATION IN IT WHICH I HAVE GIVEN IS   CORRECT.";                (6)  spaces immediately below the printed declaration   and oath for the parties' signatures; and                (7)  a certificate of the county clerk that the parties   made the declaration and oath and the place and date it was made.          SECTION 12.  Section 3.401, Family Code, is amended by   adding Subdivision (1-a) and amending Subdivisions (4) and (5) to   read as follows:                (1-a)  "Civil union" means any relationship status   other than marriage that:                      (A)  is intended as an alternative to marriage or   applies primarily to cohabitating persons; and                      (B)  grants to the parties of the relationship   legal protections, benefits, or responsibilities granted to the   spouses of a marriage.                (4)  "Marital estate" means one of three estates:                      (A)  the community property owned by the spouses   together and referred to as the community marital estate; or                      (B)  the separate property owned individually by   each spouse [the husband] and referred to as a separate marital   estate[; or                      [(C)  the separate property owned individually by   the wife, also referred to as a separate marital estate].                (5)  "Spouse" means one of the two individuals who are   the parties to:                      (A)  a marriage; or                      (B)  [a husband, who is a man, or a wife, who is a   woman. A member of] a civil union [or similar relationship] entered   into in another state [between persons of the same sex is not a   spouse].          SECTION 13.  Section 6.104(b), Family Code, is amended to   read as follows:          (b)  In exercising its discretion, the court shall consider   the pertinent facts concerning the welfare of the parties to the   marriage, including whether a spouse [the female] is pregnant.          SECTION 14. Section 6.202(b), Family Code, is amended to   read as follows:          (b)  The later marriage that is void under this section   becomes valid when the prior marriage is dissolved if, after the   date of the dissolution, the parties have lived together as spouses   [husband and wife] and represented themselves to others as being   married.          SECTION 15.  Section 6.203, Family Code, is amended to read   as follows:          Sec. 6.203.  CERTAIN VOID MARRIAGES VALIDATED. Except for a   marriage that would have been void under Section 6.201, a marriage   that was entered into before January 1, 1970, in violation of the   prohibitions of Article 496, Penal Code of Texas, 1925, is   validated from the date the marriage commenced if the parties   continued until January 1, 1970, to live together as spouses   [husband and wife] and to represent themselves to others as being   married.          SECTION 16.  Section 6.704, Family Code, is amended to read   as follows:          Sec. 6.704.  TESTIMONY OF SPOUSE [HUSBAND OR WIFE]. (a) In   a suit for dissolution of a marriage, each spouse is a [the husband   and wife are] competent witness [witnesses] for and against the   [each] other spouse. A spouse may not be compelled to testify as to   a matter that will incriminate the spouse.          (b)  If a spouse [the husband or wife] testifies, the court   or jury trying the case shall determine the credibility of the   witness and the weight to be given the witness's testimony.          SECTION 17.  Subchapter B, Chapter 45, Family Code, is   amended by adding Section 45.108 to read as follows:          Sec. 45.108.  CHANGE OF NAME AND VITAL STATISTICS   INFORMATION.  (a)  Subject to the eligibility requirements for a   name change under Section 45.103, a court shall order a change of   name under this subchapter for a petitioner whose petition is   accompanied by a sworn affidavit of a licensed physician stating   the petitioner identifies as a gender other than the gender   indicated on the petitioner's driver's license, birth certificate,   or other official document.          (b)  A court that orders a change of name for a petitioner   under this section shall simultaneously order:                (1)  the Department of Public Safety, as soon as   practicable, to change the petitioner's name and gender on the   petitioner's driver's license and other identification documents   under the department's control; and                (2)  the vital statistics unit of the Department of   State Health Services, on receipt of a licensed physician's sworn   affidavit that the petitioner identifies as a gender other than the   gender indicated on the petitioner's birth certificate, to amend   the petitioner's birth certificate in the manner provided by   Section 192.011, Health and Safety Code, to reflect the   petitioner's true gender.          (c)  This section may not be construed to require a surgical   procedure as a prerequisite for a court order under Subsection (a)   or (b).          SECTION 18.  Chapter 51, Family Code, is amended by adding   Section 51.015 to read as follows:          Sec. 51.015.  CONSTRUCTION OF GENDER-SPECIFIC TERMINOLOGY.   When necessary to implement the rights and duties of spouses or   parents in a marriage between persons of the same sex under the laws   of this state, gender-specific terminology must be construed in a   neutral manner to refer to a person of either gender.          SECTION 19.  Chapter 101, Family Code, is amended by adding   Section 101.0012 to read as follows:          Sec. 101.0012.  CONSTRUCTION OF GENDER-SPECIFIC   TERMINOLOGY. When necessary to implement the rights and duties of   spouses or parents in a marriage between persons of the same sex   under the laws of this state, gender-specific terminology must be   construed in a neutral manner to refer to a person of either gender.          SECTION 20.  Section 101.024(a), Family Code, is amended to   read as follows:          (a)  "Parent" means the mother, a man presumed to be the   father, an individual [a man] legally determined to be a parent [the   father], an individual [a man] who has been adjudicated to be a   parent [the father] by a court of competent jurisdiction, an   individual [a man] who has acknowledged the individual's parentage   [his paternity] under applicable law, or an adoptive mother or   father.  Except as provided by Subsection (b), the term does not   include a parent as to whom the parent-child relationship has been   terminated.          SECTION 21.  Section 108.009(b), Family Code, is amended to   read as follows:          (b)  The new certificate may not show that a parent-child   [the father and child] relationship was established after the   child's birth but may show the child's actual place and date of   birth.          SECTION 22.  Section 152.310(d), Family Code, is amended to   read as follows:          (d)  A privilege against disclosure of communications   between spouses and a defense of immunity based on the relationship   of spouses [husband and wife] or parent and child may not be invoked   in a proceeding under this subchapter.          SECTION 23.  Section 153.312(b), Family Code, is amended to   read as follows:          (b)  The following provisions govern possession of the child   for vacations and certain specific holidays and supersede   conflicting weekend or Thursday periods of possession.  The   possessory conservator and the managing conservator shall have   rights of possession of the child as follows:                (1)  the possessory conservator shall have possession   in even-numbered years, beginning at 6 p.m. on the day the child is   dismissed from school for the school's spring vacation and ending   at 6 p.m. on the day before school resumes after that vacation, and   the managing conservator shall have possession for the same period   in odd-numbered years;                (2)  if a possessory conservator:                      (A)  gives the managing conservator written   notice by April 1 of each year specifying an extended period or   periods of summer possession, the possessory conservator shall have   possession of the child for 30 days beginning not earlier than the   day after the child's school is dismissed for the summer vacation   and ending not later than seven days before school resumes at the   end of the summer vacation, to be exercised in not more than two   separate periods of at least seven consecutive days each, with each   period of possession beginning and ending at 6 p.m. on each   applicable day; or                      (B)  does not give the managing conservator   written notice by April 1 of each year specifying an extended period   or periods of summer possession, the possessory conservator shall   have possession of the child for 30 consecutive days beginning at 6   p.m. on July 1 and ending at 6 p.m. on July 31;                (3)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year, the managing   conservator shall have possession of the child on any one weekend   beginning Friday at 6 p.m. and ending at 6 p.m. on the following   Sunday during one period of possession by the possessory   conservator under Subdivision (2), provided that the managing   conservator picks up the child from the possessory conservator and   returns the child to that same place; and                (4)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year or gives the   possessory conservator 14 days' written notice on or after April 16   of each year, the managing conservator may designate one weekend   beginning not earlier than the day after the child's school is   dismissed for the summer vacation and ending not later than seven   days before school resumes at the end of the summer vacation, during   which an otherwise scheduled weekend period of possession by the   possessory conservator will not take place, provided that the   weekend designated does not interfere with the possessory   conservator's period or periods of extended summer possession or   with Father's Day if the possessory conservator is a [the] father of   the child who is entitled to possession of the child for Father's   Day weekend that year.          SECTION 24.  Sections 153.313 and 153.314, Family Code, are   amended to read as follows:          Sec. 153.313.  PARENTS WHO RESIDE OVER 100 MILES APART. If   the possessory conservator resides more than 100 miles from the   residence of the child, the possessory conservator shall have the   right to possession of the child as follows:                (1)  either regular weekend possession beginning on the   first, third, and fifth Friday as provided under the terms   applicable to parents who reside 100 miles or less apart or not more   than one weekend per month of the possessory conservator's choice   beginning at 6 p.m. on the day school recesses for the weekend and   ending at 6 p.m. on the day before school resumes after the weekend,   provided that the possessory conservator gives the managing   conservator 14 days' written or telephonic notice preceding a   designated weekend, and provided that the possessory conservator   elects an option for this alternative period of possession by   written notice given to the managing conservator within 90 days   after the parties begin to reside more than 100 miles apart, as   applicable;                (2)  each year beginning at 6 p.m. on the day the child   is dismissed from school for the school's spring vacation and   ending at 6 p.m. on the day before school resumes after that   vacation;                (3)  if the possessory conservator:                      (A)  gives the managing conservator written   notice by April 1 of each year specifying an extended period or   periods of summer possession, the possessory conservator shall have   possession of the child for 42 days beginning not earlier than the   day after the child's school is dismissed for the summer vacation   and ending not later than seven days before school resumes at the   end of the summer vacation, to be exercised in not more than two   separate periods of at least seven consecutive days each, with each   period of possession beginning and ending at 6 p.m. on each   applicable day; or                      (B)  does not give the managing conservator   written notice by April 1 of each year specifying an extended period   or periods of summer possession, the possessory conservator shall   have possession of the child for 42 consecutive days beginning at 6   p.m. on June 15 and ending at 6 p.m. on July 27;                (4)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year the managing   conservator shall have possession of the child on one weekend   beginning Friday at 6 p.m. and ending at 6 p.m. on the following   Sunday during one period of possession by the possessory   conservator under Subdivision (3), provided that if a period of   possession by the possessory conservator exceeds 30 days, the   managing conservator may have possession of the child under the   terms of this subdivision on two nonconsecutive weekends during   that time period, and further provided that the managing   conservator picks up the child from the possessory conservator and   returns the child to that same place; and                (5)  if the managing conservator gives the possessory   conservator written notice by April 15 of each year, the managing   conservator may designate 21 days beginning not earlier than the   day after the child's school is dismissed for the summer vacation   and ending not later than seven days before school resumes at the   end of the summer vacation, to be exercised in not more than two   separate periods of at least seven consecutive days each, with each   period of possession beginning and ending at 6 p.m. on each   applicable day, during which the possessory conservator may not   have possession of the child, provided that the period or periods so   designated do not interfere with the possessory conservator's   period or periods of extended summer possession or with Father's   Day if the possessory conservator is a [the] father of the child who   is entitled to possession of the child for Father's Day weekend that   year.          Sec. 153.314.  HOLIDAY POSSESSION UNAFFECTED BY DISTANCE   PARENTS RESIDE APART. The following provisions govern possession   of the child for certain specific holidays and supersede   conflicting weekend or Thursday periods of possession without   regard to the distance the parents reside apart.  The possessory   conservator and the managing conservator shall have rights of   possession of the child as follows:                (1)  the possessory conservator shall have possession   of the child in even-numbered years beginning at 6 p.m. on the day   the child is dismissed from school for the Christmas school   vacation and ending at noon on December 28, and the managing   conservator shall have possession for the same period in   odd-numbered years;                (2)  the possessory conservator shall have possession   of the child in odd-numbered years beginning at noon on December 28   and ending at 6 p.m. on the day before school resumes after that   vacation, and the managing conservator shall have possession for   the same period in even-numbered years;                (3)  the possessory conservator shall have possession   of the child in odd-numbered years, beginning at 6 p.m. on the day   the child is dismissed from school before Thanksgiving and ending   at 6 p.m. on the following Sunday, and the managing conservator   shall have possession for the same period in even-numbered years;                (4)  the parent not otherwise entitled under this   standard possession order to present possession of a child on the   child's birthday shall have possession of the child beginning at 6   p.m. and ending at 8 p.m. on that day, provided that the parent   picks up the child from the residence of the conservator entitled to   possession and returns the child to that same place;                (5)  if a conservator, the father shall have possession   of the child beginning at 6 p.m. on the Friday preceding Father's   Day and ending on Father's Day at 6 p.m., provided that, if he is not   otherwise entitled under this standard possession order to present   possession of the child, he picks up the child from the residence of   the conservator entitled to possession and returns the child to   that same place, except if the child has two fathers appointed as   conservators, the managing conservator shall have possession of the   child for the period described by this subdivision in even-numbered   years and the possessory conservator shall have possession of the   child for that period in odd-numbered years; and                (6)  if a conservator, the mother shall have possession   of the child beginning at 6 p.m. on the Friday preceding Mother's   Day and ending on Mother's Day at 6 p.m., provided that, if she is   not otherwise entitled under this  standard possession order to   present possession of the child, she picks up the child from the   residence of the conservator entitled to possession and returns the   child to that same place, except if the child has two mothers   appointed as conservators, the managing conservator shall have   possession of the child for the period described by this   subdivision in even-numbered years and the possessory conservator   shall have possession of the child for that period in odd-numbered   years.          SECTION 25.  Section 159.316(i), Family Code, is amended to   read as follows:          (i)  The defense of immunity based on the relationship of   spouses [husband and wife] or parent and child does not apply in a   proceeding under this chapter.          SECTION 26.  Section 162.014(a), Family Code, is amended to   read as follows:          (a)  If the joint petitioners are spouses [husband and wife]   and it would be unduly difficult for one of the petitioners to   appear at the hearing, the court may waive the attendance of that   petitioner if the other spouse is present.          SECTION 27.  Section 24.601(b), Government Code, is amended   to read as follows:          (b)  A family district court has primary responsibility for   cases involving family law matters. These matters include:                (1)  adoptions;                (2)  birth records;                (3)  divorce and marriage annulment;                (4)  child welfare, custody, support and reciprocal   support, dependency, neglect, and delinquency;                (5)  parent and child; and                (6)  spouses [husband and wife].          SECTION 28.  Section 573.025(a), Government Code, is amended   to read as follows:          (a)  Spouses [A husband and wife] are related to each other   in the first degree by affinity. For other relationships by   affinity, the degree of relationship is the same as the degree of   the underlying relationship by consanguinity. For example: if two   individuals are related to each other in the second degree by   consanguinity, the spouse of one of the individuals is related to   the other individual in the second degree by affinity.          SECTION 29.  Section 85.007(b), Health and Safety Code, is   amended to read as follows:          (b)  The materials in the education programs intended for   persons younger than 18 years of age must[:                [(1)]  emphasize sexual abstinence before marriage and   fidelity in marriage as the expected standard in terms of public   health and the most effective ways to prevent HIV infection,   sexually transmitted diseases, and unwanted pregnancies[; and                [(2)  state that homosexual conduct is not an   acceptable lifestyle and is a criminal offense under Section 21.06,   Penal Code].          SECTION 30.  Section 163.002, Health and Safety Code, is   amended to read as follows:          Sec. 163.002.  INSTRUCTIONAL ELEMENTS. Course materials and   instruction relating to sexual education or sexually transmitted   diseases should include:                (1)  an emphasis on sexual abstinence as the only   completely reliable method of avoiding unwanted teenage pregnancy   and sexually transmitted diseases;                (2)  an emphasis on the importance of self-control,   responsibility, and ethical conduct in making decisions relating to   sexual behavior;                (3)  statistics, based on the latest medical   information, that indicate the efficacy of the various forms of   contraception;                (4)  information concerning the laws relating to the   financial responsibilities associated with pregnancy, childbirth,   and child rearing;                (5)  information concerning the laws prohibiting   sexual abuse and the legal and counseling options available to   victims of sexual abuse;                (6)  information on how to cope with and rebuff   unwanted physical and verbal sexual advances, as well as the   importance of avoiding the sexual exploitation of other persons;                (7)  psychologically sound methods of resisting   unwanted peer pressure; and                (8)  emphasis, provided in a factual manner and from a   public health perspective, that homosexuality is not a lifestyle   acceptable to the general public [and that homosexual conduct is a   criminal offense under Section 21.06, Penal Code].          SECTION 31.  Section 164.052(a), Occupations Code, is   amended to read as follows:          (a)  A physician or an applicant for a license to practice   medicine commits a prohibited practice if that person:                (1)  submits to the board a false or misleading   statement, document, or certificate in an application for a   license;                (2)  presents to the board a license, certificate, or   diploma that was illegally or fraudulently obtained;                (3)  commits fraud or deception in taking or passing an   examination;                (4)  uses alcohol or drugs in an intemperate manner   that, in the board's opinion, could endanger a patient's life;                (5)  commits unprofessional or dishonorable conduct   that is likely to deceive or defraud the public, as provided by   Section 164.053, or injure the public;                (6)  uses an advertising statement that is false,   misleading, or deceptive;                (7)  advertises professional superiority or the   performance of professional service in a superior manner if that   advertising is not readily subject to verification;                (8)  purchases, sells, barters, or uses, or offers to   purchase, sell, barter, or use, a medical degree, license,   certificate, or diploma, or a transcript of a license, certificate,   or diploma in or incident to an application to the board for a   license to practice medicine;                (9)  alters, with fraudulent intent, a medical license,   certificate, or diploma, or a transcript of a medical license,   certificate, or diploma;                (10)  uses a medical license, certificate, or diploma,   or a transcript of a medical license, certificate, or diploma that   has been:                      (A)  fraudulently purchased or issued;                      (B)  counterfeited; or                      (C)  materially altered;                (11)  impersonates or acts as proxy for another person   in an examination required by this subtitle for a medical license;                (12)  engages in conduct that subverts or attempts to   subvert an examination process required by this subtitle for a   medical license;                (13)  impersonates a physician or permits another to   use the person's license or certificate to practice medicine in   this state;                (14)  directly or indirectly employs a person whose   license to practice medicine has been suspended, canceled, or   revoked;                (15)  associates in the practice of medicine with a   person:                      (A)  whose license to practice medicine has been   suspended, canceled, or revoked; or                      (B)  who has been convicted of the unlawful   practice of medicine in this state or elsewhere;                (16)  performs or procures a criminal abortion, aids or   abets in the procuring of a criminal abortion, attempts to perform   or procure a criminal abortion, or attempts to aid or abet the   performance or procurement of a criminal abortion;                (17)  directly or indirectly aids or abets the practice   of medicine by a person, partnership, association, or corporation   that is not licensed to practice medicine by the board;                (18)  performs an abortion on a woman who is pregnant   with a viable unborn child during the third trimester of the   pregnancy unless:                      (A)  the abortion is necessary to prevent the   death of the woman;                      (B)  the viable unborn child has a severe,   irreversible brain impairment; or                      (C)  the woman is diagnosed with a significant   likelihood of suffering imminent severe, irreversible brain damage   or imminent severe, irreversible paralysis;                (19)  performs an abortion on an unemancipated minor   without the written consent of the child's parent, managing   conservator, or legal guardian or without a court order, as   provided by Section 33.003 or 33.004, Family Code, unless the   abortion is necessary due to a medical emergency, as defined by   Section 171.002, Health and Safety Code;                (20)  otherwise performs an abortion on an   unemancipated minor in violation of Chapter 33, Family Code;                (21)  performs or induces or attempts to perform or   induce an abortion in violation of Subchapter C, F, or G, Chapter   171, Health and Safety Code;                (22)  in complying with the procedures outlined in   Sections 166.045 and 166.046, Health and Safety Code, wilfully   fails to make a reasonable effort to transfer a patient to a   physician who is willing to comply with a directive; or                (23)  performs or delegates to another individual the   performance of a pelvic examination on an anesthetized or   unconscious patient in violation of Section 167A.002, Health and   Safety Code [; or                [(24) performs a gender transitioning or gender   reassignment procedure or treatment in violation of Section   161.702, Health and Safety Code].          SECTION 32.  Section 21.11(b), Penal Code, is amended to   read as follows:          (b)  It is an affirmative defense to prosecution under this   section that the actor:                (1)  was not more than three years older than the victim   [and of the opposite sex];                (2)  did not use duress, force, or a threat against the   victim at the time of the offense; and                (3)  at the time of the offense:                      (A)  was not required under Chapter 62, Code of   Criminal Procedure, to register for life as a sex offender; or                      (B)  was not a person who under Chapter 62, Code of   Criminal Procedure, had a reportable conviction or adjudication for   an offense under this section.          SECTION 33.  Section 301.003, Property Code, is amended by   amending Subdivision (6) and adding Subdivisions (9-a) and (10-a)   to read as follows:                (6)  "Disability" means a mental or physical impairment   that substantially limits at least one major life activity, a   record of the impairment, or being regarded as having the   impairment. The term does not include current illegal use or   addiction to any drug or illegal or federally controlled substance   [and does not apply to an individual because of an individual's   sexual orientation or because that individual is a transvestite].                (9-a)  "Gender identity or expression" means having or   being perceived as having a gender-related identity, appearance,   expression, or behavior, regardless of whether that identity,   appearance, expression, or behavior is different from that commonly   associated with the individual's actual or perceived sex.                (10-a)  "Sexual orientation" means the actual or   perceived status of an individual with respect to the individual's   sexuality.          SECTION 34.  Sections 301.021(a) and (b), Property Code, are   amended to read as follows:          (a)  A person may not refuse to sell or rent, after the making   of a bona fide offer, refuse to negotiate for the sale or rental of,   or in any other manner make unavailable or deny a dwelling to   another because of race, color, religion, sex, familial status,   [or] national origin, sexual orientation, or gender identity or   expression.          (b)  A person may not discriminate against another in the   terms, conditions, or privileges of sale or rental of a dwelling or   in providing services or facilities in connection with a sale or   rental of a dwelling because of race, color, religion, sex,   familial status, [or] national origin, sexual orientation, or   gender identity or expression.          SECTION 35.  Section 301.022, Property Code, is amended to   read as follows:          Sec. 301.022.  PUBLICATION. A person may not make, print, or   publish or effect the making, printing, or publishing of a notice,   statement, or advertisement that is about the sale or rental of a   dwelling and that indicates any preference, limitation, or   discrimination or the intention to make a preference, limitation,   or discrimination because of race, color, religion, sex,   disability, familial status, [or] national origin, sexual   orientation, or gender identity or expression.          SECTION 36.  Section 301.023, Property Code, is amended to   read as follows:          Sec. 301.023.  INSPECTION. A person may not represent to   another because of race, color, religion, sex, disability, familial   status, [or] national origin, sexual orientation, or gender   identity or expression that a dwelling is not available for   inspection for sale or rental when the dwelling is available for   inspection.          SECTION 37.  Section 301.024, Property Code, is amended to   read as follows:          Sec. 301.024.  ENTRY INTO NEIGHBORHOOD. A person may not,   for profit, induce or attempt to induce another to sell or rent a   dwelling by representations regarding the entry or prospective   entry into a neighborhood of a person of a particular race, color,   religion, sex, disability, familial status, [or] national origin,   sexual orientation, or gender identity or expression.          SECTION 38.  Section 301.026(a), Property Code, is amended   to read as follows:          (a)  A person whose business includes engaging in   residential real estate related transactions may not discriminate   against another in making a real estate related transaction   available or in the terms or conditions of a real estate related   transaction because of race, color, religion, sex, disability,   familial status, [or] national origin, sexual orientation, or   gender identity or expression.          SECTION 39.  Section 301.027, Property Code, is amended to   read as follows:          Sec. 301.027.  BROKERAGE SERVICES. A person may not deny   another access to, or membership or participation in, a   multiple-listing service, real estate brokers' organization, or   other service, organization, or facility relating to the business   of selling or renting dwellings, or discriminate against a person   in the terms or conditions of access, membership, or participation   in such an organization, service, or facility because of race,   color, religion, sex, disability, familial status, [or] national   origin, sexual orientation, or gender identity or expression.          SECTION 40.  Sections 301.042(a) and (c), Property Code, are   amended to read as follows:          (a)  This chapter does not prohibit a religious   organization, association, or society or a nonprofit institution or   organization operated, supervised, or controlled by or in   conjunction with a religious organization, association, or society   from:                (1)  limiting the sale, rental, or occupancy of   dwellings that it owns or operates for other than a commercial   purpose to persons of the same religion; or                (2)  giving preference to persons of the same religion,   unless membership in the religion is restricted because of race,   color, sex, disability, familial status, [or] national origin,   sexual orientation, or gender identity or expression.          (c)  This chapter does not prohibit a person engaged in the   business of furnishing appraisals of real property from considering   in those appraisals factors other than race, color, religion, sex,   disability, familial status, [or] national origin, sexual   orientation, or gender identity or expression.          SECTION 41.  Section 301.068, Property Code, is amended to   read as follows:          Sec. 301.068.  REFERRAL TO MUNICIPALITY. (a) Subject to   Subsection (b), the [The] commission may defer proceedings under   this chapter and refer a complaint to a municipality that has been   certified by the federal Department of Housing and Urban   Development as a substantially equivalent fair housing agency.          (b)  The commission may not defer proceedings and refer a   complaint under Subsection (a) to a municipality in which the   alleged discrimination occurred if:                (1)  the complaint alleges discrimination based on   sexual orientation or gender identity or expression; and                (2)  the municipality does not have laws prohibiting   the alleged discrimination.          SECTION 42.  Section 301.171(a), Property Code, is amended   to read as follows:          (a)  A person commits an offense if the person, without   regard to whether the person is acting under color of law, by force   or threat of force intentionally intimidates or interferes with a   person:                (1)  because of the person's race, color, religion,   sex, disability, familial status, [or] national origin, sexual   orientation, or gender identity or expression and because the   person is or has been selling, purchasing, renting, financing,   occupying, or contracting or negotiating for the sale, purchase,   rental, financing, or occupation of any dwelling or applying for or   participating in a service, organization, or facility relating to   the business of selling or renting dwellings; or                (2)  because the person is or has been or to intimidate   the person from:                      (A)  participating, without discrimination   because of race, color, religion, sex, disability, familial status,   [or] national origin, sexual orientation, or gender identity or   expression, in an activity, service, organization, or facility   described by Subdivision (1); [or]                      (B)  affording another person opportunity or   protection to so participate; or                      (C)  lawfully aiding or encouraging other persons   to participate, without discrimination because of race, color,   religion, sex, disability, familial status, [or] national origin,   sexual orientation, or gender identity or expression, in an   activity, service, organization, or facility described by   Subdivision (1).          SECTION 43.  The following laws are repealed:                (1)  Section 2.001(b), Family Code;                (2)  Section 6.204, Family Code;                (3)  Sections 810.001(g), (h), and (i), Government   Code;                (4)  Section 62.151(g), Health and Safety Code;                (5)  Subchapter X, Chapter 161, Health and Safety Code,   as added by Chapter 335 (S.B. 14), Acts of the 88th Legislature,   Regular Session, 2023;                (6)  Section 32.024(pp), Human Resources Code;                (7)  Section 164.0552, Occupations Code; and                (8)  Section 21.06, Penal Code.          SECTION 44.  Article 42.014, Code of Criminal Procedure, as   amended 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 45.  (a) Notwithstanding Section 11.172(e),   Education Code, as added by this Act, each school district and   open-enrollment charter school shall submit to the Texas Education   Agency information described by that subsection for the 2025-2026   school year not later than October 1, 2026, and the Texas Education   Agency shall include the submitted information in the comprehensive   biennial report required by Section 39.332, Education Code, to be   submitted by the agency not later than December 1, 2026. As   authorized by Section 11.172(e), Education Code, as added by this   Act, the commissioner of education in a timely manner shall adopt   any rules necessary to implement the deadlines specified by this   subsection.          (b)  Beginning with the comprehensive biennial report   required by Section 39.332, Education Code, to be submitted not   later than December 1, 2028, the Texas Education Agency shall   include information submitted by school districts and   open-enrollment charter schools in accordance with Section   11.172(e), Education Code, as added by this Act, for the preceding   two school years.          (c)  Section 11.172, Education Code, as added by this Act,   applies beginning with the 2025-2026 school year.          SECTION 46.  Section 121.151, Estates Code, as amended by   this Act, applies only to the estate of a decedent who dies on or   after the effective date of this Act. The estate of a decedent who   dies before the effective date of this Act is governed by the law as   it existed immediately before the effective date of this Act, and   that law is continued in effect for that purpose.          SECTION 47.  Section 1104.001, Estates Code, as amended by   this Act, applies only to an application for the appointment of a   guardian filed on or after the effective date of this Act. An   application for appointment of a guardian filed before the   effective date of this Act is governed by the law in effect on the   date the application was filed, and that law is continued in effect   for that purpose.          SECTION 48.  Section 108.009(b), Family Code, as amended by   this Act, applies only to a new birth certificate for a child born   on or after the effective date of this Act. A new birth certificate   for a child born before that date is governed by the law in effect on   the date the child was born, and the former law is continued in   effect for that purpose.          SECTION 49.  Sections 153.312(b), 153.313, and 153.314,   Family Code, as amended by this Act, apply only to a court order   providing for possession of or access to a child rendered on or   after the effective date of this Act. A court order rendered before   the effective date of this Act is governed by the law in effect on   the date the order was rendered, and the former law is continued in   effect for that purpose.          SECTION 50.  Sections 159.316 and 162.014, Family Code, as   amended by this Act, apply only to a suit affecting the parent-child   relationship filed on or after the effective date of this Act. A   suit affecting the parent-child relationship filed before that date   is governed by the law in effect on the date the suit was filed, and   that law is continued in effect for that purpose.          SECTION 51.  Section 24.601, Government Code, as amended by   this Act, applies only to an action filed on or after the effective   date of this Act. An action filed before the effective date of this   Act is governed by the law on the date the action was filed, and that   law is continued in effect for that purpose.          SECTION 52.  Section 164.052, Occupations Code, as amended   by this Act, and Section 164.0552, Occupations Code, as repealed by   this Act, apply only to conduct that occurs on or after the   effective date of this Act. Conduct that occurs before the   effective date of this Act is governed by the law in effect on the   date the conduct occurred, and the former law is continued in effect   for that purpose.          SECTION 53.  Section 21.11(b), Penal Code, as amended by   this Act, applies to an offense committed on or after the effective   date of this Act and to any criminal action pending on the effective   date of this Act for an offense committed before that effective   date. A final conviction for an offense under Section 21.11, Penal   Code, that exists on the effective date of this Act is unaffected by   this Act.          SECTION 54.  Sections 301.003, 301.021, 301.022, 301.023,   301.024, 301.026, 301.027, 301.042, 301.068, and 301.171, Property   Code, as amended by this Act, apply only to a complaint filed with   the Texas Workforce Commission civil rights division on or after   the effective date of this Act. A complaint filed before that date   is governed by the law as it existed immediately before the   effective date of this Act, and that law is continued in effect for   that purpose.          SECTION 55.  To the extent of any conflict, this Act prevails   over another Act of the 89th Legislature, Regular Session, 2025,   relating to nonsubstantive additions to and corrections in enacted   codes.          SECTION 56.  (a) Except as otherwise provided by Subsection   (b) of this section, this Act takes effect September 1, 2025.          (b)  Section 11.172, Education Code, as added by this Act,   takes effect immediately if this Act 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 Section 11.172, Education Code, as added by this   Act, to have immediate effect, that section takes effect September   1, 2025.