Text of TX HB 3616 (2025)

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.