by Eleanor KribanovTexas Tribune
As fundamental issues of gender and sexuality dominate Republican priorities at the state and federal levels, the Texas Legislature is considering a record number of anti-trans bills for this session.
There were no big fireworks from the previous session yet, but lawmakers are quietly pushing for proposals to further limit the lives of trans people – bathrooms they can use, government documents they can obtain, services that public schools and mental health providers can provide to young people
It remains to be seen whether these proposals will survive the legislative process. In busy sessions focusing on private school vouchers, property tax cuts, immigration enforcement and THC bans, these bills could fall on the list of priorities.
But in federal and state enforcement actions, as well as recent lawsuits and opinions from the Attorney General, many of these measures have already affected the lives of Trans Texans, whether Congress votes for them or not.
Like all laws, these proposals must be approved by the majority of lawmakers in both the Texas home and the Senate. Part of that process will include a committee hearing where a small group of lawmakers in each room examine the bill at public meetings. These committees may change proposals based on testimony from the public.
Here’s how some of the biggest fights have been shaped so far:
Sex definition
Perhaps the biggest concern for LGBTQ+ is advocating this session. It is a so-called “sex definition” bill that attempts to define men and women as two separate, immutable sets of physical properties assigned at birth.
These bills will limit whether trans people can change their gender in government documents, such as birth certificates and driver’s licenses. The enforcement department has already moved this front, with Gov. Greg Abbott claiming there are only two genders and directing state agencies not to respect the court’s ruling that directs someone else’s gender on government documents.
These bills codify these enforcement actions in state law.
The Senate passed Senate Bill 406, which was introduced by Sen. Mays Mays Middleton, a Galveston Republican, in a 20-11 vote. The law requires a birth certificate to list someone’s biological sex and prohibits that marker from being changed for a minor. The bill will now be sent to the House, which has its own version of the bill, House Bill 477.
A group of 15 senators also signed Senate Bill 1696. This goes further by prohibiting anyone from changing the gender listed on their birth certificate. The bill is in front of the State Affairs Commission.
Johnathan Gooch, communications director at Equality Texas, often changes birth certificates to allow trans people to change their birth certificates and update their driver’s licenses, passports and other government documents to suit the gender identity they live in.
“When contradictions begin to arise between government documents, it only makes life much more difficult for trans people,” he said. “If you can’t renew your driver’s license, you could be forced to kick yourself out if you’re pulled during a traffic stop.
House Bill 3817, introduced by Rep. Tom Oliverson of R-Cypress, creates a criminal offence of “gender identity fraud,” and becomes a state prison felony for describing gender as “opposition to biological sex assigned to a person at birth.”
The bill, which has not been heard by the committee, has been widely criticized by LGBTQ+ supporters.
“A bill like this is dangerous and misleading,” Gooch said.
Bathroom bill
In 2017, conservative Texas lawmakers tried to pass a “bathroom bill” requiring the use of facilities assigned to the gendered status at birth. Lt. Col. Dan Patrick pushed the lawmakers into a special session on the issue, but business interests killed it at the last moment.
Similar bathroom bills have since submitted each session, but this session could potentially attract more attention after the national battle over bathroom privacy has grown heads under the pink dome.
More than 80 lawmakers have signed co-authors House Bill 239, known as the “Texas Women’s Privacy Act.” It requires that private facilities such as bathrooms, including domestic violence shelters, prisons, state and county buildings, as well as public schools and universities, be separated by sex.
These private spaces can only be used by people whose “original birth certificate” sex matches the facility assignment.
The bill is in front of the State Commission, but no hearings are scheduled. That Senate peer has not yet been heard by the committee.
There are other similar bills aimed at limiting the facilities that people can use. House Bill 2704, introduced by Rep. Joanne Shofner, a Republican from Nacogdoches, provides similar restrictions as other bills, but enforcement is through private lawsuits, not through state lawsuits. The bill also awaits a hearing before state issues.
Rep. Valory Swanson, a Republican of the Spring, has introduced two bills requiring state prisons and prisons to place people in facilities based on gender assigned at birth. House Bill 403 deals with adult and juvenile inmates and awaits hearings, but House Bill 437 addressed juvenile offenders in particular, leaving the House Committee on Criminal Law, pending the House Committee on the Criminal Law.
Schools and Mental Health Providers
Many bills have been introduced to address the role schools can play in supporting students’ gender transitions. Texas has banned a wide range of transition-related health services for minors, but some trans young people still choose to move socially.
Under House Bills 3411 and 3616, introduced by Fort Worth Republican Rep. Nate Schatzlein, schools and teachers will be banned from supporting students in social transition. Teachers can lose their job and suspend their license if they use a variety of pronouns and names, dress them, or provide information about LGBTQ+ resources to students, and if they support them. If schools promote this, they could lose state funds.
Neither bill has been heard by the committee.
Some bills prevent schools from teaching about sexual orientation and gender identity, while others require schools to obtain parental consent before providing mental health care.
Senate Bill 400, introduced by Rep. Lois Kolkhorst of R-Brenham, requires schools to obtain parental consent before psychological or psychiatric testing is performed on students. After an amendment that made it clear that this would not stop school employees from asking about the general well-being of students, the measure passed Senate 28-2 and is now in front of a House committee.
The bill does not explicitly address LGBTQ youth, but Gooch said it raises concerns about where students who don’t share safely with their parents can access safe resources.
“We obviously trust parents to know what’s best for their children, but sometimes we may be worried that for some reason, young people may feel safe or that they may not be accepted when they talk about something with their parents,” he said. “If young people can’t speak to trusted, knowledgeable adults, their next source is the internet, which can be put in a less reliable and vulnerable position.”
Drag the invoice
In the last session, Texas passed a law prohibiting drug performers from suggesting dance or wearing certain items in front of children. Just a few weeks after the law came into effect, a federal judge attacked it and said it was unconstitutional.
Some lawmakers are trying again this year. Toth and John McQueeney, Republicans from Fort Worth, have written a bill that allows drug performers and those who encourage people to be sued to perform in front of minors. First tested in the 2021 abortion ban, this private litigation mechanism has managed to avoid legal challenges. The bill is in front of the State Affairs Commission.
Disclosure: Equality Texas is a financial advocate for Texas Tribune, a non-profit, nonpartisan news organization that is funded in part by donations from members, foundations and corporate sponsors. Financial supporters have no role in Tribune journalism. Find the complete list of them here.
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This article was originally published on the Texastribune at https://www.texastribune.org/2025/04/14/texas-legislature-transgender-bills/.
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