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Texas Education Code - EDUC § 51.980. Intercollegiate Athletic Competition Based on Biological Sex

Current as of January 01, 2024 | Updated by Findlaw Staff

(a) In this section:

(1) “Athletic competition” means any athletic display between teams or individuals, such as a contest, exhibition, performance, or sport.

(2) “Institution of higher education” has the meaning assigned by Section 61.003.

(b) Except as provided by Subsection (c), an intercollegiate athletic team sponsored or authorized by an institution of higher education may not allow:

(1) a student to compete on the team in an intercollegiate athletic competition sponsored or authorized by the institution that is designated for the biological sex opposite to the student's biological sex;  or

(2) a male student to compete on the team in a mixed-sex intercollegiate athletic competition sponsored or authorized by the institution in a position that is designated by rule or procedure for female students.

(c) An intercollegiate athletic team described by Subsection (b) may allow a female student to compete in an intercollegiate athletic competition that is designated for male students if a corresponding intercollegiate athletic competition designated for female students is not offered or available.

(d) For purposes of this section:

(1) a student's biological sex is the biological sex correctly stated on:

(A) the student's official birth certificate, as described by Subdivision (2);  or

(B) if the student's official birth certificate described by Paragraph (A) is unobtainable, another government record that accurately states the student's biological sex;  and

(2) a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex only if the statement was:

(A) entered at or near the time of the student's birth;  or

(B) modified to correct a scrivener or clerical error in the student's biological sex.

(e) An institution of higher education or an intercollegiate athletic team described by Subsection (b) may not retaliate against a person for reporting a violation of this section.

(f) A person may bring a civil action for injunctive relief against an institution of higher education or an intercollegiate athletic team described by Subsection (b) that violates this section.

(g) The Texas Higher Education Coordinating Board shall adopt rules to implement this section.  The rules must ensure compliance with state and federal law regarding the confidentiality of student medical information, including Chapter 181, Health and Safety Code, and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).

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Cite this article: FindLaw.com - Texas Education Code - EDUC § 51.980. Intercollegiate Athletic Competition Based on Biological Sex - last updated January 01, 2024 | https://codes.findlaw.com/tx/education-code/educ-sect-51-980/

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