HB229 - Relating to general definitions for and collection of governmental information regarding biological sex.

      H.B. No. 229         AN ACT   relating to general definitions for and collection of governmental   information regarding biological sex.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  FINDINGS. The legislature finds that:                (1)  males and females possess unique immutable   biological differences that manifest prior to birth and increase as   individuals age and experience puberty;                (2)  biological differences between the sexes mean that   only females are able to get pregnant, give birth, and breastfeed   children;                (3)  biological differences between the sexes mean that   males are, on average, bigger, stronger, and faster than females;                (4)  biological differences between the sexes leave   females more physically vulnerable than males to specific forms of   violence, including sexual violence;                (5)  females have historically suffered discrimination   in education, athletics, and employment;                (6)  biological differences between the sexes are   enduring and may, in some circumstances, warrant the creation of   separate social, educational, athletic, or other spaces in order to   ensure individuals' safety and allow members of each sex to succeed   and thrive;                (7)  inconsistencies in court rulings and policy   initiatives with regard to the definitions of "sex," "male,"   "female," "man," and "woman" have led to endangerment of single-sex   spaces and resources, necessitating clarification of certain   terms;                (8)  in the context of biological sex:                      (A)  "equal" does not mean "same" or "identical";   and                      (B)  separate is not inherently unequal;                (9)  there are legitimate reasons to distinguish   between the sexes with respect to athletics, prisons and other   correctional facilities, domestic violence shelters, rape crisis   centers, locker rooms, restrooms, and other areas where biology,   safety, or privacy are implicated;                (10)  policies and laws that distinguish between the   sexes are subject to intermediate constitutional scrutiny, which   forbids unfair discrimination against similarly situated males and   females but allows the law to distinguish between the sexes where   such distinctions are substantially related to important   governmental objectives; and                (11)  each individual is one of two sexes, male or   female, and individuals diagnosed with a disorder of sex   development or as intersex:                      (A)  are not considered to belong to a third sex;   and                      (B)  must receive accommodations in accordance   with state and federal law.          SECTION 2.  Section 311.005, Government Code, is amended by   adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to   read as follows:                 (14)  "Boy" means a child of the male sex.                 (15)  "Father" means a parent of the male sex.                 (16)     "Female" and "woman" mean an individual whose   biological reproductive system is developed to produce ova.                 (17)  "Girl" means a child of the female sex.                 (18)     "Male" and "man" mean an individual whose   biological reproductive system is developed to fertilize the ova of   a female.                 (19)  "Mother" means a parent of the female sex.                 (20)     "Sex" means an individual's biological sex,   either male or female.          SECTION 3.  Chapter 2051, Government Code, is amended by   adding Subchapter G to read as follows:   SUBCHAPTER G.   VITAL STATISTICS INFORMATION COLLECTION           Sec.   2051.251.     DEFINITION.   In this subchapter,   "governmental entity" has the meaning assigned by Section 2051.041.           Sec.   2051.252.     VITAL STATISTICS INFORMATION COLLECTION BY   GOVERNMENTAL ENTITY. A governmental entity that collects vital   statistics information that identifies the sex of an individual for   the purpose of complying with antidiscrimination laws or for the   purpose of gathering public health, crime, economic, or other data   shall identify each individual as either male or female.          SECTION 4.  This Act takes effect September 1, 2025.       ______________________________ ______________________________      President of the Senate Speaker of the House                   I certify that H.B. No. 229 was passed by the House on May 12,   2025, by the following vote:  Yeas 87, Nays 56, 1 present, not   voting.     ______________________________   Chief Clerk of the House                 I certify that H.B. No. 229 was passed by the Senate on May   28, 2025, by the following vote:  Yeas 20, Nays 11.     ______________________________   Secretary of the Senate       APPROVED:  _____________________                      Date                           _____________________                    Governor