Gender definition bill passes in Texas Senate, heads to governor

AUSTIN (KXAN) — Texas senators passed a bill to define “male” and “female” in Texas law during a Tuesday floor session that extended into the early morning Wednesday.

House Bill 229 defines males as “an individual whose biological reproductive system is developed to fertilize the ova of a female,” which it defines as an “individual whose
biological reproductive system is developed to produce ova.”

These definitions fall mostly in line with another bill that defines male and female, SB 1188. That bill requires Texas’ medical providers to record a person’s “biological sex.” The only difference is for males, which SB 1188 defines as having a reproductive system “developed to produce sperm.”

HB 229 also sets certain findings into Texas law, placing men as “on average, bigger, stronger, and faster than females.” It also “finds” that “females more physically vulnerable than males to specific forms of violence, including sexual violence.”

Sen. Molly Cook, D-Houston, led a spirited opposition to the bill just before midnight. HB 229 sponsor Sen. Mayes Middleton, R-Galveston, and Cook engaged in over 20 minutes of debate on the Senate floor.

A motion was made to record the debate between Middleton and Cook in the legislative journal. It passed without objection. The written record will likely become available following the 89th Legislative Session’s close.

At around 1 a.m. Wednesday, HB 229 was quickly passed along party lines in the Senate. It dodged the Senate’s bill deadline by nearly 24 hours.

“HB 229 is a cruel and targeted attempt to erase trans, nonbinary, and intersex Texans from public life,” said Ash Hall, an ACLU-Texas policy and advocacy strategist. “It threatens to further strip away legal protections that shield us from discrimination. Instead of trying to erase trans and intersex people, state officials should focus on addressing real issues like funding our public schools and increasing access to health care for all Texans.”

The law goes into effect Sept. 1 unless Gov. Greg Abbott vetoes the bill.

How will it impact Texans?

HB 229 mandates that state and local agencies use a binary view of sex when collecting information that identifies the sex of a person.

“A governmental entity that collects vital statistics information that identifies the sex of an individual for the purpose of complying with antidiscrimination laws or for the purpose of gathering public health, crime, economic, or other data shall identify each individual as either male or female,” the bill states.

It is unclear how the agencies will make that determination beyond using already issued documents.

Opponents of the bill testified before committees in the Texas House of Representatives and Senate that the bill will erase intersex Texans. Intersex people are born with reproductive systems that don’t fit within these definitions.

“Each individual is one of two sexes, male or female, and individuals diagnosed with a disorder of sex development or as intersex are not considered to belong to a third sex and must receive accommodations in accordance with state and federal law,” the bill reads.

The bill’s supporters hold that the bill is a step toward further restrictions on transgender life in Texas. One such restriction is a private spaces ban, which would prevent people from using restrooms and locker rooms that match their gender identity. This session’s SB 240 attempted such a ban, but died in the House State Affairs Committee.