SB1999 - Relating to protection for a public employee's or student's use of terms consistent with biological sex.

      By: Hughes, et al. S.B. No. 1999     (Smithee)           A BILL TO BE ENTITLED   AN ACT   relating to protection for a public employee's or student's use of   terms consistent with biological sex.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter Z, Chapter 22, Education Code, is   amended by adding Section 22.905 to read as follows:           Sec.   22.905.     PROTECTION FOR USE OF TERMS CONSISTENT WITH   BIOLOGICAL SEX. (a)   A school district or open-enrollment charter   school may not discipline, retaliate against, or otherwise   discriminate against a student or district or school employee who   addresses a student or district or school employee in terms   consistent with the biological sex of the student or employee.           (b)  This section may not be construed to:                 (1)     limit a school district or open-enrollment charter   school from adopting policies and procedures to prohibit and   prevent bullying under Section 37.0832; and                 (2)     authorize a person to engage in conduct that   constitutes harassment in violation of Section 42.07, Penal Code.          SECTION 2.  Subchapter Z, Chapter 51, Education Code, is   amended by adding Section 51.991 to read as follows:           Sec.   51.991.     PROTECTION FOR USE OF TERMS CONSISTENT WITH   BIOLOGICAL SEX. (a) In this section, "institution of higher   education" has the meaning assigned by Section 61.003.           (b)     An institution of higher education may not discipline,   retaliate against, or otherwise discriminate against a student or   an employee of the institution who addresses a student or employee   in terms consistent with the biological sex of the student or   employee.           (c)     This section may not be construed to authorize a student   or an employee of the institution to engage in conduct that   constitutes harassment in violation of Section 42.07, Penal Code.          SECTION 3.  Subtitle A, Title 6, Government Code, is amended   by adding Chapter 621 to read as follows:   CHAPTER 621. PROTECTION FOR USE OF TERMS CONSISTENT WITH   BIOLOGICAL SEX           Sec.   621.001.     DEFINITION. In this chapter, "public   employer" has the meaning assigned by Section 619.001.           Sec.   621.002.     PROTECTION FOR USE OF TERMS CONSISTENT WITH   BIOLOGICAL SEX. (a)   A public employer may not discipline,   retaliate against, or otherwise discriminate against an employee of   the public employer who addresses another employee or person in   terms consistent with the biological sex of the employee or person.           (b)     This section may not be construed to authorize an   employee of a public employer to engage in conduct that constitutes   harassment in violation of Section 42.07, Penal Code.          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 September 1, 2025.