Relating to general definitions for and collection of governmental information regarding biological sex, the official text

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