The Texas Legislature has passed House Bill 229, a contentious piece of legislation that defines “sex” strictly in biological terms and mandates this definition for government-issued documents, including driver’s licenses and other photo IDs. The bill also aims to reinforce the protection of single-sex spaces, such as school locker rooms designated for girls.
The bill, authored by Representative Troxclair, secured final passage in the Texas Senate early Wednesday morning following a straight party-line vote of 20 to 11, as reported by the Texas Tribune. The Texas House had previously approved the measure on May 12.
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H.B. 229 explicitly defines “female” and “woman” as “an individual whose biological reproductive system is developed to produce ova.” Correspondingly, “male” and “man” are defined as “an individual whose biological reproductive system is developed to fertilize the ova of a female.” The bill establishes “sex” as “an individual’s biological sex, either male or female.”
The legislation outlines several findings by the legislature, asserting “unique immutable biological differences” between males and females that “manifest prior to birth and increase as individuals age and experience puberty.” It highlights that only females can get pregnant, give birth, and breastfeed, and notes that males are, on average, physically larger, stronger, and faster. These differences, the bill argues, can make females “more physically vulnerable than males to specific forms of violence, including sexual violence.”
Furthermore, the bill states that historical discrimination against females and current “inconsistencies in court rulings and policy initiatives” regarding sex definitions have necessitated clarification to prevent the “endangerment of single-sex spaces and resources.”
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It posits that “separate is not inherently unequal” and that there are “legitimate reasons to distinguish between the sexes” in areas such as athletics, correctional facilities, domestic violence shelters, rape crisis centers, locker rooms, and restrooms where biology, safety, or privacy are implicated.
Under the new law, governmental entities in Texas that collect vital statistics identifying an individual’s sex for purposes such as antidiscrimination law compliance or public health data will be required to identify individuals as either “male” or “female” based on these biological definitions.
Proponents of H.B. 229 argue it provides necessary legal clarity and protects the privacy and safety of women and girls. Opponents have raised concerns about the bill’s impact on transgender Texans, arguing it could lead to discrimination and marginalization.
The Act is slated to take effect on September 1, 2025, pending the governor’s signature.
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