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. (a) 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
Statutes affected: Introduced: Health and Safety Code 62.151, Human Resources Code 32.024, Occupations Code 164.052 (Occupations Code 164, Health and Safety Code 62, Human Resources Code 32) Senate Committee Report: Human Resources Code 32.024, Occupations Code 164.052 (Occupations Code 164, Health and Safety Code 62, Human Resources Code 32) Engrossed: Health and Safety Code 62.151, Human Resources Code 32.024, Occupations Code 164.052 (Occupations Code 164, Health and Safety Code 62, Human Resources Code 32) House Committee Report: Health and Safety Code 62.151, Human Resources Code 32.024, Occupations Code 164.052 (Occupations Code 164, Health and Safety Code 62, Human Resources Code 32) Enrolled: Health and Safety Code 62.151, Human Resources Code 32.024, Occupations Code 164.052 (Occupations Code 164, Health and Safety Code 62, Human Resources Code 32)