Relating to a policy prohibiting public school employees from assisting a student with social transitioning; authorizing a civil penalty; authorizing injunctive relief.

89(R) HB 1655 - House Committee Report version - Bill Text

89R29549 KRM-D

By: Schatzline, Harris, Buckley, Wilson,

H.B. No. 1655

Richardson

Substitute the following for H.B. No. 1655:

By: Buckley

C.S.H.B. No. 1655

A BILL TO BE ENTITLED

AN ACT

relating to a policy prohibiting public school employees from

assisting a student with social transitioning; authorizing a civil

penalty; authorizing injunctive relief.

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 person's

biological sex at birth to the opposite biological sex through the

adoption of a different name, different pronouns, or other

expressions of gender that deny or encourage a denial of the

person's biological sex at birth.

(b)

The board of trustees of a school district shall adopt a

policy prohibiting an employee of the district from assisting a

student enrolled in the district with social transitioning,

including by providing any information about social transitioning

or providing guidelines intended to assist a person with social

transitioning.

(c)

A parent of a student enrolled in the district or a

district employee may report to the board of trustees of the

district a suspected violation of the policy adopted under

Subsection (b). The board shall investigate any suspected

violation and determine whether the violation occurred. If the

board determines that a district employee has assisted a student

enrolled at the district with social transitioning, the board shall

immediately report the violation to the commissioner.

Sec.

11.402.

INJUNCTIVE RELIEF; CIVIL PENALTY.

The

attorney general may file a suit against a school district for:

(1)

injunctive relief to prevent or restrain a

violation of this subchapter; or

(2)

a civil penalty in an amount determined by the

court for each violation of this subchapter.

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. This Act applies beginning with the 2025-2026

school year.

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.