87S10225 KJE-F     By: Slaton H.B. No. 90       A BILL TO BE ENTITLED   AN ACT   relating to requiring public school and public institution of   higher education 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 33.0834 to read as follows:          Sec. 33.0834.  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   determined 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   determined 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.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.980 to read as follows:          Sec. 51.980.  INTERSCHOLASTIC ATHLETIC PARTICIPATION BASED   ON BIOLOGICAL SEX.  (a)  In this section, "institution of higher   education" has the meaning assigned by Section 61.003.          (b)  Except as provided by Subsection (c), an   interscholastic athletic team sponsored or authorized by an   institution of higher education may not allow a student to   participate in an interscholastic athletic activity sponsored or   authorized by the institution that is designated for the biological   sex opposite to the student's biological sex as determined at the   student's birth and correctly stated on the student's official   birth certificate.          (c)  An interscholastic athletic team described by   Subsection (b) 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.          (d)  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   determined at the student's birth if the statement was:                (1)  entered at or near the time of the student's birth,   as determined by Texas Higher Education Coordinating Board rule; or                (2)  modified to correct a clerical error in the   student's biological sex.          SECTION 3.  (a) Section 33.0834, Education Code, as added by   this Act, applies beginning with the 2021-2022 school year.          (b)  Section 51.980, Education Code, as added by this Act,   applies beginning with the 2021-2022 academic year.          SECTION 4.  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 on the 91st day after the last day of the   legislative session.