HB 3616

relating to prohibiting social transitioning assistance to minors
by employees of governmental entities, including public schools,
and health care facilities; authorizing civil penalties and loss of
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  Chapter 11, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I.  ASSISTANCE WITH SOCIAL TRANSITIONING PROHIBITED
Sec. 11.401.  SCHOOL DISTRICT POLICY: ASSISTANCE WITH SOCIAL
TRANSITIONING PROHIBITED.  (a)  In this subchapter, "social
transitioning" means a person's transition from the gender identity
associated with the person's biological sex assigned at birth to an
alternative gender identity through the adoption of a different
name, different pronouns, or other expressions of gender, including
clothing and hairstyles, that are:
(1)  typically associated with the biological sex
opposite of the person's biological sex assigned at birth; and
(2)  intended to communicate the person's alternative
(b)  The board of trustees of a school district shall adopt a
(1)  prohibiting an employee of the district from
assisting a minor who is a student enrolled in the district with
social transitioning, including by providing any information about
(2)  requiring an employee of the district who becomes
aware that a minor who is a student enrolled in the district is
socially transitioning to notify a parent, managing or possessory
conservator, or legal guardian of the minor.
(c)  The board of trustees of a school district may not adopt
a confidentiality policy that conflicts with a policy adopted under
(d)  The board of trustees of a school district shall
investigate any suspected violation of the policy adopted under
Subsection (b) and determine whether the violation occurred.  If
the board determines that a district employee has assisted a minor
who is a student enrolled at the district with social
transitioning, the board shall immediately report the violation to
the commissioner.  The board may terminate a district employee for a
second or subsequent violation of the policy adopted under
(e)  If the commissioner finds on an appeal under Section
7.057 that a school district has violated this section, or if the
board of trustees of a district notifies the commissioner about a
violation of the district's policy adopted under Subsection (b),
notwithstanding any other law, the commissioner shall withhold the
funding to which the district is entitled under Chapters 46, 48, and
49 for the school year during which the violation occurred. The
commissioner may adjust the district's entitlement to funding under
those chapters for subsequent school years as necessary to recover
any state funding already paid to the district for the school year
in which the violation occurred.
SECTION 2.  Section 12.104, Education Code, is amended by
adding Subsection (b-5) to read as follows:
(b-5)  Section 11.401 applies to an open-enrollment charter
school as though the governing body of the school were the board of
SECTION 3.  Subtitle A, Title 6, Government Code, is amended
by adding Chapter 621 to read as follows:
CHAPTER 621.  ASSISTANCE WITH SOCIAL TRANSITIONING OF MINORS BY
EMPLOYEES OF GOVERNMENTAL ENTITIES PROHIBITED
Sec. 621.001.  DEFINITIONS.  In this chapter:
(1)  "Governmental entity" means:
(A)  a department, commission, board, office, or
other agency in the executive branch of state government that was
created by the constitution or a statute, other than an institution
of higher education as defined by Section 61.003, Education Code;
(B)  a county, municipality, or other political
(2)  "Minor" has the meaning assigned by Section
(3)  "Social transitioning" means a person's transition
from the gender identity associated with the person's biological
sex assigned at birth to an alternative gender identity through the
adoption of a different name, different pronouns, or other
expressions of gender, including clothing and hairstyles, that are:
(A)  typically associated with the biological sex
opposite of the person's biological sex assigned at birth; and
(B)  intended to communicate the person's
Sec. 621.002.  PROHIBITION ON ASSISTANCE; NOTIFICATION OF
PARENT OR OTHER PERSON.  (a)  An employee of a governmental entity
may not assist a minor with social transitioning, including by
providing information about social transitioning.
(b)  An employee of a governmental entity who becomes aware
of a child who is socially transitioning shall notify a parent,
managing or possessory conservator, or legal guardian of the child.
A governmental entity may not adopt a confidentiality policy that
conflicts with this subsection.
Sec. 621.003.  FORMAL WARNING OF VIOLATION.  If the attorney
general determines that an employee of a governmental entity has
violated or is in violation of this chapter, the attorney general
shall issue a formal warning for a first violation of this chapter
and include in the warning the specific violation.
Sec. 621.004.  EMPLOYEE SUBJECT TO TERMINATION.  A
governmental entity may terminate the employment of an employee of
the entity for a second or subsequent violation of this chapter
after the employee has received a formal warning under Section
SECTION 4.   Subtitle H, Title 4, Health and Safety Code, is
amended by adding Chapter 332 to read as follows:
CHAPTER 332.  ASSISTANCE WITH SOCIAL TRANSITIONING OF MINORS
Sec. 332.001.  DEFINITIONS.  In this chapter:
(1)  "Health facility" means a facility in this state
maintained or operated through the receipt of any state money for
the purpose of providing health care services.
(2)  "Minor" has the meaning assigned by Section
(3)  "Social transitioning" means a person's transition
from the gender identity associated with the person's biological
sex assigned at birth to an alternative gender identity through the
adoption of a different name, different pronouns, or other
expressions of gender, including clothing and hairstyles, that are:
(A)  typically associated with the biological sex
opposite of the person's biological sex assigned at birth; and
(B)  intended to communicate the person's
Sec. 332.002.  SOCIAL TRANSITIONING ASSISTANCE PROHIBITED.
An employee of a health facility may not assist a minor with social
transitioning, including by providing information about social
transitioning, or advise a parent on the social transitioning of a
Sec. 332.003.  CIVIL PENALTY.  (a)  An employee of a health
facility who violates this chapter is liable for a civil penalty of
not more than $5,000 for a first violation of this chapter.
(b)  The attorney general may bring an action to recover a
civil penalty against an employee of a health facility for a
Sec. 332.004.  ENFORCEMENT BY STATE AGENCIES; RULES.  (a)
This section applies only to a second or subsequent violation of
this chapter by an employee of a health facility.
(b)  Notwithstanding any other law, each appropriate state
agency shall ensure that employees of health facilities in this
state comply with this chapter and may require compliance with this
chapter as a condition of a license, certificate, registration,
permit, or other authorization issued by the agency that is
required for employees to practice or engage in a particular
business, occupation, or profession in this state.
(c)  Notwithstanding any other law, if a state agency that
issues a license, certificate, registration, permit, or other
authorization for a person to practice or engage in a particular
business, occupation, or profession in this state determines that
an employee of a health facility failed to comply with this chapter,
the agency may suspend or revoke any license, certificate,
registration, permit, or other authorization issued by the agency.
(d)  A proceeding under Subsection (c) is subject to Chapter
(e)  Each appropriate state agency shall adopt rules and
prescribe forms as necessary to implement this section.
SECTION 5.  Subchapter I, Chapter 11, Education Code, as
added by this Act, and Section 12.104, Education Code, as amended by
this Act, apply beginning with the 2025-2026 school year.
SECTION 6.  This Act takes effect September 1, 2025.