HB1399 —

Compared against the Texas statutes as published AI-generated reading aid — verify against the official bill.

This bill amends 2 section(s) of the Texas statutes: Section 1901.256, Insurance Code, Section 164.052, Occupations Code.

• 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 the laws of this state 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) "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 other health care provider may not: (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, administer, prescribe, 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. The prohibitions under Section 161.702 do not apply to the provision by a physician or other health care provider, with the consent of the child's parent or legal guardian, of appropriate and medically necessary gender transitioning or gender reassignment procedures or treatments to a child who: (1) is born with a medically verifiable genetic disorder of sex development, including: (A) 46, XX chromosomes with virilization; (B) 46, XY chromosomes with undervirilization; or (C) both ovarian and testicular tissue; or (2) does not have the normal sex chromosome structure for male or female as determined by a physician through genetic testing.

  amended

• Section 1901.256, Insurance Code

  Sec. 1901.256. PROHIBITED COVERAGE FOR PROVISION OF CERTAIN GENDER-RELATED PROCEDURES AND TREATMENTS TO CERTAIN CHILDREN. A professional liability insurance policy issued to a physician or health care provider may not include coverage for damages assessed against the physician or health care provider who provides to a child gender transitioning or gender reassignment procedures or treatments that are prohibited by Section 161.702, Health and Safety Code.

  added

• Section 164.052, Occupations Code

  or → ; or (23) for the purpose of facilitating the gender transition or treating the gender dysphoria of an unemancipated minor: (A) provides, administers, prescribes, or dispenses a puberty suppression or blocking prescription drug or cross-sex hormone to the minor, including by writing a false or fictitious prescription; or (B) performs or attempts to perform a surgical intervention on the minor (d) Notwithstanding Subsection (a)(23), a physician or applicant for a license to practice medicine does not commit a prohibited practice if the physician or applicant provides a puberty suppression or blocking prescription drug to an unemancipated minor for the purpose of normalizing puberty for a minor experiencing precocious puberty.

  amended

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