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.