Bill Summary – FastDemocracy

         
            88R4402 EAS-F
         
		By: Oliverson
            H.B. No. 1686
         
Statutes affected: 
Introduced: Health and Safety Code 62.151, Human Resources Code 32.024, Occupations Code 164.052 (Human Resources Code 32, Health and Safety Code 62, Occupations Code 164)

               A BILL TO BE ENTITLED
            
               AN ACT
            
            relating to prohibitions on the provision to certain children of 
         
            procedures and treatments for gender transitioning, gender 
         
            reassignment, or gender dysphoria and on the use of public money or 
         
            public assistance to provide those procedures and treatments.
         
                   BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         
                   SECTION 1.  Section 62.151, Health and Safety Code, is 
         
            amended by adding Subsection (g) to read as follows:
         
                   (g)  The child health plan may not provide coverage for 
         
            services prohibited by Section 161.702 that are intended to 
         
            transition a child's biological sex as determined by the child's sex 
         
            organs, chromosomes, and endogenous profiles.
         
                   SECTION 2.  Chapter 161, Health and Safety Code, is amended 
         
            by adding Subchapter X to read as follows:
         
            SUBCHAPTER X.  GENDER TRANSITIONING AND GENDER REASSIGNMENT 
         
            PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
         
                   Sec. 161.701.  DEFINITIONS.  In this subchapter:
         
                         (1)  "Child" means an individual who is younger than 18 
         
            years of age.
         
                         (2)  "Health care provider" means a person other than a 
         
            physician who is licensed, certified, or otherwise authorized by 
         
            this state's laws to provide or render health care or to dispense or 
         
            prescribe a prescription drug in the ordinary course of business or 
         
            practice of a profession.
         
                         (3)  "Medicaid" means the medical assistance program 
         
            established under Chapter 32, Human Resources Code.
         
                         (4)  "Physician" means a person licensed to practice 
         
            medicine in this state.
         
                   Sec. 161.702.  PROHIBITED PROVISION OF GENDER TRANSITIONING 
         
            OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN 
         
            CHILDREN.  For the purpose of transitioning a child's biological 
         
            sex as determined by the sex organs, chromosomes, and endogenous 
         
            profiles of the child or affirming the child's perception of the 
         
            child's sex if that perception is inconsistent with the child's 
         
            biological sex, a physician or health care provider may not 
         
            knowingly:
         
                         (1)  perform a surgery that sterilizes the child, 
         
            including:
         
                               (A)  castration;
         
                               (B)  vasectomy;
         
                               (C)  hysterectomy;
         
                               (D)  oophorectomy;
         
                               (E)  metoidioplasty;
         
                               (F)  orchiectomy;
         
                               (G)  penectomy;
         
                               (H)  phalloplasty; and
         
                               (I)  vaginoplasty;
         
                         (2)  perform a mastectomy;
         
                         (3)  provide, prescribe, administer, or dispense any of 
         
            the following prescription drugs that induce transient or permanent 
         
            infertility:
         
                               (A)  puberty suppression or blocking prescription 
         
            drugs to stop or delay normal puberty;
         
                               (B)  supraphysiologic doses of testosterone to 
         
            females; or
         
                               (C)  supraphysiologic doses of estrogen to males; 
         
            or
         
                         (4)  remove any otherwise healthy or non-diseased body 
         
            part or tissue.
         
                   Sec. 161.703.  EXCEPTIONS.  Section 161.702 does not apply 
         
            to the provision by a physician or health care provider, with the 
         
            consent of the child's parent or legal guardian, of:
         
                         (1)  puberty suppression or blocking prescription 
         
            drugs for the purpose of normalizing puberty for a minor 
         
            experiencing precocious puberty; or
         
                         (2)  appropriate and medically necessary procedures or 
         
            treatments to a child who:
         
                               (A)  is born with a medically verifiable genetic



	A BILL TO BE ENTITLED
	AN ACT
	relating to prohibitions on the provision to certain children of
	procedures and treatments for gender transitioning, gender
	reassignment, or gender dysphoria and on the use of public money or
	public assistance to provide those procedures and treatments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Section 62.151, Health and Safety Code, is
	amended by adding Subsection (g) to read as follows:
	(g) The child health plan may not provide coverage for
	services prohibited by Section 161.702 that are intended to
	transition a child's biological sex as determined by the child's sex
	organs, chromosomes, and endogenous profiles.
	SECTION 2. Chapter 161, Health and Safety Code, is amended
	by adding Subchapter X to read as follows:
	SUBCHAPTER X. GENDER TRANSITIONING AND GENDER REASSIGNMENT
	PROCEDURES AND TREATMENTS FOR CERTAIN CHILDREN
	Sec. 161.701. DEFINITIONS. In this subchapter:
	(1) "Child" means an individual who is younger than 18
	years of age.
	(2) "Health care provider" means a person other than a
	physician who is licensed, certified, or otherwise authorized by
	this state's laws to provide or render health care or to dispense or
	prescribe a prescription drug in the ordinary course of business or
	practice of a profession.
	(3) "Medicaid" means the medical assistance program
	established under Chapter 32, Human Resources Code.
	(4) "Physician" means a person licensed to practice
	medicine in this state.
	Sec. 161.702. PROHIBITED PROVISION OF GENDER TRANSITIONING
	OR GENDER REASSIGNMENT PROCEDURES AND TREATMENTS TO CERTAIN
	CHILDREN. For the purpose of transitioning a child's biological
	sex as determined by the sex organs, chromosomes, and endogenous
	profiles of the child or affirming the child's perception of the
	child's sex if that perception is inconsistent with the child's
	biological sex, a physician or health care provider may not
	knowingly:
	(1) perform a surgery that sterilizes the child,
	including:
	(A) castration;
	(B) vasectomy;
	(C) hysterectomy;
	(D) oophorectomy;
	(E) metoidioplasty;
	(F) orchiectomy;
	(G) penectomy;
	(H) phalloplasty; and
	(I) vaginoplasty;
	(2) perform a mastectomy;
	(3) provide, prescribe, administer, or dispense any of
	the following prescription drugs that induce transient or permanent
	infertility:
	(A) puberty suppression or blocking prescription
	drugs to stop or delay normal puberty;
	(B) supraphysiologic doses of testosterone to
	females; or
	(C) supraphysiologic doses of estrogen to males;
	or
	(4) remove any otherwise healthy or non-diseased body
	part or tissue.
	Sec. 161.703. EXCEPTIONS. Section 161.702 does not apply
	to the provision by a physician or health care provider, with the
	consent of the child's parent or legal guardian, of:
	(1) puberty suppression or blocking prescription
	drugs for the purpose of normalizing puberty for a minor
	experiencing precocious puberty; or
	(2) appropriate and medically necessary procedures or
	treatments to a child who:
	(A) is born with a medically verifiable genetic