By: Hall, et al.	S.B. No. 1029

Statutes affected:
Introduced: ()
Senate Committee Report: ()
Engrossed: ()

	A BILL TO BE ENTITLED
	AN ACT
	relating to civil liability for, governmental health plan coverage
	of, and public funding for gender modification procedures and
	treatments.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The legislature finds that:
	(1)  as evidenced by a 2018 video of a Vanderbilt
	University Medical Center administrator who promoted gender
	modification surgeries as financially beneficial and stated that
	entire clinics are being financed by phalloplasties, the medical
	community has knowledge that many so-called "gender affirming"
	treatments are not in the best interest of the health of the patient
	but rather are being promoted for the monetary gain the health care
	facilities will receive from providing those treatments; and
	(2)  the medical community has a conflict of interest
	in offering gender modification treatments and procedures because
	those treatments and procedures create lifelong patients as a
	result of required follow-up visits after those treatments and
	procedures.
	SECTION 2.  Title 4, Civil Practice and Remedies Code, is
	amended by adding Chapter 74B to read as follows:
	CHAPTER 74B.  LIABILITY FOR GENDER MODIFICATION PROCEDURES AND
	TREATMENTS
	Sec. 74B.001.  DEFINITION. In this chapter, "gender
	modification procedure or treatment" means a health care procedure
	or treatment provided for the purpose of transitioning a patient's
	biological sex, as determined by the patient's sex organs,
	chromosomes, and endogenous profiles, or affirming the patient's
	perception of the patient's sex if that perception is inconsistent
	with the patient's sex.  The term includes:
	(1)  a surgery that sterilizes the patient, including:
	(A)  castration;
	(B)  vasectomy;
	(C)  hysterectomy;
	(D)  oophorectomy;
	(E)  metoidioplasty;
	(F)  orchiectomy;
	(G)  penectomy;
	(H)  phalloplasty; and
	(I)  vaginoplasty;
	(2)  a mastectomy;
	(3)  the prescription, administration, or supply of any
	of the following medications that induce transient or permanent
	infertility:
	(A)  puberty-blocking medication to stop or delay
	normal puberty;
	(B)  supraphysiologic doses of testosterone to
	females; or
	(C)  supraphysiologic doses of estrogen to males;
	and
	(4)  the removal of any otherwise healthy or
	non-diseased body part or tissue.
	Sec. 74B.002.  CONFLICT OF LAWS. To the extent this chapter
	conflicts with another law, this chapter prevails.
	Sec. 74B.003.  STRICT LIABILITY FOR HEALTH COVERAGE. A
	health benefit plan issuer is strictly liable to a patient for the
	patient's medical, mental health, and pharmaceutical costs,
	including costs associated with reversing a gender modification
	procedure or treatment, incurred for the life of the patient as a
	result of a gender modification procedure or treatment covered by
	the issuer's plan.
	Sec. 74B.004.  LIABILITY FOR PHYSICIAN OR HEALTH CARE
	PROVIDER. A physician or health care provider who provides a gender
	modification procedure or treatment to a patient is:
	(1)  liable to the patient for a malpractice claim in
	the provision of the procedure or treatment; and
	(2)  strictly liable to the patient for the patient's
	medical, mental health, and pharmaceutical costs, including costs
	associated with reversing a gender modification procedure or
	treatment, incurred for the life of the patient as a result of the