The bill, H.B. No. 3817, proposes the creation of a new criminal offense known as "gender identity fraud." It introduces Section 32.515 to Subchapter D of Chapter 32 in the Texas Penal Code. Under this new section, a person would be committing an offense if they knowingly provide a false or misleading statement regarding their biological sex to a governmental entity or their employer, specifically by identifying their biological sex as the opposite of what was assigned at birth. This offense is classified as a state jail felony.

The bill is set to take effect on September 1, 2025, if passed. The introduction of this legislation reflects a significant change in how gender identity is treated in legal contexts, particularly concerning the implications of misrepresentation related to biological sex.

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