Text of MO HB 1973 (2026)

SECOND REGULAR SESSION HOUSE BILL NO. 1973 103RD GENERAL ASSEMBLY INTRODUCED BY REPRESENTATIVE COOK. 4048H.01I JOSEPH ENGLER, Chief Clerk AN ACT To repeal section 163.048, RSMo, and to enact in lieu thereof one new section relating to participation in athletics competitions. Be it enacted by the General Assembly of the state of Missouri, as follows: Section A. Section 163.048, RSMo, is repealed and one new section enacted in lieu 2 thereof, to be known as section 163.048, to read as follows: 163.048. 1. As used in this section, the following terms mean: 2 (1) "Athletics", any interscholastic athletic games, contests, programs, activities, 3 exhibitions, or other similar competitions organized and provided for students; 4 (2) "Sex", the two main categories of male and female into which individuals are 5 divided based on an individual's reproductive biology at birth and the individual's genome. 6 2. (1) The general assembly hereby finds the following: 7 (a) A noticeable disparity continues between the athletics participation rates of 8 students who are male and students who are female; and 9 (b) Courts have recognized that classification by sex is the only feasible classification 10 to promote the governmental interest of providing opportunities for athletics for females. 11 (2) The general assembly hereby declares that it is the public policy of this state to 12 further the governmental interest of ensuring that sufficient opportunities for athletics remain 13 available for females to remedy past discrimination on the basis of sex. 14 3. (1) Except as provided under subdivision (2) of this subsection, no private school, 15 public school district, public charter school, or public or private institution of postsecondary 16 education shall allow any student to compete in an athletics competition that is designated for 17 the biological sex opposite to the student's biological sex as correctly stated on the student's EXPLANATION — Matter enclosed in bold-faced brackets [thus] in the above bill is not enacted and is intended to be omitted from the law. Matter in bold-face type in the above bill is proposed language. 18 official birth certificate as described in subsection 4 of this section or, if the student's official 19 birth certificate is unobtainable, another government record. 20 (2) A private school, public school, public charter school, or public or private 21 institution of postsecondary education may allow a female student to compete in an athletics 22 competition that is designated for male students if no corresponding athletics competition 23 designated for female students is offered or available. 24 4. For purposes of this section, a statement of a student's biological sex on the 25 student's official birth certificate or another government record shall be deemed to have 26 correctly stated the student's biological sex only if the statement was: 27 (1) Entered at or near the time of the student's birth; or 28 (2) Modified to correct any scrivener's error in the student's biological sex. 29 5. A private school, public school district, public charter school, or public or private 30 institution of postsecondary education that violates subdivision (1) of subsection 3 of this 31 section shall not receive any state aid under this chapter or chapter 173 or any other revenues 32 from the state. 33 6. The parent or guardian of any student, or any student who is over eighteen years of 34 age, who is deprived of an athletic opportunity as a result of a violation of this section shall 35 have a cause of action for injunctive or other equitable relief, as well as payment of 36 reasonable attorney's fees, costs, and expenses of the parent, guardian, or student. The relief 37 and remedies set forth shall not be deemed exclusive and shall be in addition to any other 38 relief or remedies permitted by law. 39 7. The department of elementary and secondary education and the department of 40 higher education and workforce development shall each promulgate all necessary rules and 41 regulations for the implementation and administration of this section. Such rules and 42 regulations shall ensure compliance with state and federal law regarding the confidentiality of 43 student medical information. Any rule or portion of a rule, as that term is defined in section 44 536.010, that is created under the authority delegated in this section shall become effective 45 only if it complies with and is subject to all of the provisions of chapter 536 and, if applicable, 46 section 536.028. This section and chapter 536 are nonseverable and if any of the powers 47 vested with the general assembly pursuant to chapter 536 to review, to delay the effective 48 date, or to disapprove and annul a rule are subsequently held unconstitutional, then the grant 49 of rulemaking authority and any rule proposed or adopted after August 28, 2023, shall be 50 invalid and void. 51 8. [Deleted text start: The provisions of this section shall expire on August 28, 2027.: end deleted text HB 1973 2 52 Deleted text start: : end deleted text] If any provision of this section or the application thereof to anyone or to any 53 circumstance is held invalid, the remainder of this section and the application of such 54 provisions to others or other circumstances shall not be affected thereby. Bill Body End HB 1973 3