In the Texas Senate and House, companion proposals prevent anyone from accessing state-funded facilities for the opposite sex. It would prohibit biological males from utilizing state-funded women’s facilities like jails, prisons, domestic violence shelters, public restrooms, and locker rooms.
Rep. Valoree Swanson, R-Spring, filed HB 239. Galveston Republican Sen. Mayes Middleton filed the related bill in the Texas Senate. Bipartisans back the bill.
To define biological sex, correctional facilities, family violence shelters, political subdivisions, private spaces, single occupancy private spaces, state agencies, and other terminology, it aims to change state government code
Biological sex is defined as the “physical condition of being male or female, as determined by: … the sex organs, chromosomes, and endogenous profiles of a person; a person’s original birth certificate, if the biological sex is correctly stated on the birth certificate …,” according to the bill language.
The law would oblige political subdivisions or state agencies to restrict private space use to biological sex. Assistance to the disabled, seniors, parents and guardians of children under 10, and others are exempt.
The law covers taxpayer-funded facilities with bathrooms, locker rooms, sleeping quarters, or other spaces, such as state parks, prisons, county jails, and domestic violence shelters.
Civil penalties are $5,000 for the first infraction and $25,000 thereafter.
According to The Center Square, Swanson and Middleton proposed the Save Women’s Sports Act in 2023, which passed the legislature and was signed by Gov. Greg Abbott. In collegiate athletics, biological men cannot compete against women alone or together.
Abbott signed a bill protecting girls’ sports in Texas public schools in 2021. He signed four laws into law in 2017 and 2019 to improve student safety and college sexual harassment and assault adjudication.
Abbott also ordered Texas colleges and universities to reject a Biden administration Title IX rewrite that expanded “sex” to include “gender identify” last year.
“I signed laws to ensure the safety of our students on campus and provide a process for adjudicating reports of sexual harassment and sexual assault with adequate due process for all parties involved, as well as laws to protect the integrity of women’s sports by prohibiting men from competing against female athletes – and I will not let President Biden erase the advancements Texas has made,” he said at the time.
After taking office, President Donald Trump reversed Biden administration gender policies. First day in office, he signed an executive order declaring only male and female.
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Trump also stated his administration is enforcing the 2020 Title IX rule, which expanded safeguards for women and girls, not the Biden administration update, The Center Square reported.
He also issued an executive decree, “No Men in Women’s Sports,” barring biological men from competing. He also warned “every school receiving taxpayer dollars that if you let men take over women’s sports teams or invade locker rooms, you will be investigated for Title XI violations and lose federal funding.” No federal funding “The signer remarked.
Sex change procedures and “transitioning” medicines for children were also banned by his executive order, which was contested in court.
Abbott signed a bipartisan bill barring minors’ sex surgery and other gender-altering operations in Texas. Despite legal challenges, the Texas Supreme Court nearly unanimously approved it, The Center Square said.
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