Overall Vote Recommendation

Yes

Principle Criteria

Free Enterprise

Property Rights

Personal Responsibility

Limited Government

Individual Liberty

Digest

The proposed bill, titled "An Act relating to general definitions for and collection of governmental information regarding biological sex," aims to establish standardized definitions for terms related to biological sex within Texas law. Introduced by Representatives Troxclair, Swanson, Slawson, Hull, Leach, and others, the bill outlines that "sex" is defined strictly as an individual's biological sex, either male or female. Additionally, it defines related terms, including "boy" as a male child, "girl" as a female child, "father" as a male parent, "mother" as a female parent, "male" or "man" as an individual whose reproductive system is developed to fertilize ova, and "female" or "woman" as an individual whose reproductive system is developed to produce ova.

The bill mandates that any Texas governmental entity collecting vital statistics, especially when such data pertains to sex, must categorize individuals solely as either male or female. This requirement applies to information gathered for compliance with antidiscrimination laws or for purposes such as public health, crime, economic analysis, or other data collection. The intent behind this classification is to ensure consistency and accuracy when documenting biological sex for governmental purposes.

The bill includes several legislative findings to support its rationale. It asserts that males and females possess immutable biological differences that become increasingly evident through puberty, with distinctions significant enough to justify maintaining separate spaces in contexts such as athletics, correctional facilities, shelters, and restrooms. Furthermore, it emphasizes that these biological differences are enduring and may necessitate separation to ensure safety and privacy. The bill also recognizes that policies differentiating between sexes should align with intermediate constitutional scrutiny, which allows lawful distinctions when they are substantially related to important governmental objectives.

The bill is set to take effect on September 1, 2025. It underscores that the need for clear definitions arises from recent inconsistencies in legal rulings and policies related to the terms "sex," "male," "female," "man," and "woman."

According to the bill, these inconsistencies have threatened the preservation of single-sex spaces and resources, necessitating legislative clarity. The original version of HB 229 and the Committee Substitute share a common purpose: to establish standardized definitions of biological sex in Texas law and to regulate how governmental entities collect data related to sex. Both versions define "sex" strictly as either male or female, based on biological reproductive systems, and specify related terms such as "boy," "girl," "father," "mother," "male," "man," "female," and "woman." Additionally, both versions require that governmental entities classify individuals as either male or female when collecting data for compliance with antidiscrimination laws or for purposes like public health and crime statistics.

The primary difference between the two versions lies in the inclusion of additional sponsors in the Committee Substitute. While the original bill lists only Representative Troxclair as the author, the Committee Substitute expands the sponsorship to include Representatives Swanson, Slawson, Hull, Leach, and others, reflecting broader legislative support. Furthermore, while the substance and structure of the bill remain largely unchanged between the versions, the Committee Substitute contains minor linguistic and formatting adjustments to improve clarity and consistency. These changes do not alter the core intent or application of the bill.

In essence, the differences between the original bill and the Committee Substitute are largely procedural and stylistic, rather than substantive. The core provisions—defining sex as biologically male or female and mandating that government data collection reflect this binary distinction—remain consistent between the versions.

Author

Ellen Troxclair

Valoree Swanson

Shelby Slawson

Lacey Hull

Jeff Leach

Co-Author

Daniel Alders

Jeffrey Barry

Keith Bell

Greg Bonnen

Bradley Buckley

Ben Bumgarner

Angie Chen Button

Briscoe Cain

Giovanni Capriglione

David Cook

Pat Curry

Jay Dean

Mano DeAyala

Mark Dorazio

Paul Dyson

Caroline Fairly

James Frank

Stan Gerdes

Ryan Guillen

Cody Harris

Caroline Harris Davila

Brian Harrison

Richard Hayes

Cole Hefner

Hillary Hickland

Janis Holt

Andy Hopper

Todd Hunter

Carrie Isaac

Helen Kerwin

Stan Kitzman

Marc LaHood

Brooks Landgraf

Terri Leo-Wilson

Mitch Little

Janie Lopez

David Lowe

J. M. Lozano

Shelley Luther

Don McLaughlin

John McQueeney

William Metcalf

Brent Money

Matt Morgan

Candy Noble

Mike Olcott

Tom Oliverson

Angelia Orr

Jared Patterson

Dennis Paul

Katrina Pierson

Keresa Richardson

Nate Schatzline

Alan Schoolcraft

Matthew Shaheen

Joanne Shofner

David Spiller

Carl Tepper

Tony Tinderholt

Steve Toth

Cody Vasut

Denise Villalobos

Wesley Virdell

Trey Wharton

Terry Wilson

Sponsor

Mayes Middleton

Co-Sponsor

Donna Campbell

Brent Hagenbuch

Kelly Hancock

Adam Hinojosa

Phil King

Lois Kolkhorst

Contact the Author

Rep. Ellen Troxclair

Capitol Phone:

Capitol Office:

EXT E1.322

E-Mail:

[email protected]

Visit Official Website

Fiscal Notes

According to the Legislative Budget Board (LBB) estimates that implementing HB 229 would have a negative impact of $2,568,300 on General Revenue-Related Funds through the biennium ending August 31, 2027. This cost would be incurred entirely during the fiscal year 2026, with no further costs projected from 2027 to 2030. The bill itself does not appropriate funds but could serve as the legal basis for future appropriations.

The primary cost driver is the requirement for state agencies to update systems and procedures to ensure that data collected about individuals' sex is classified strictly as "male" or "female." The Department of Public Safety (DPS) would need to modify its Crime Records Division (CRD) data repositories, which currently include "Male," "Female," and "Unknown" as options. The necessary updates to prohibit the use of "Unknown" are estimated to cost $2,370,000 in General Revenue Funds for fiscal year 2026. Additionally, DPS would spend $198,300 in the same fiscal year to revise training materials, system documentation, audit guidelines, and other related resources.

The Department of State Health Services (DSHS) would also need to make changes to the Texas Electronic Vital Events Registrar (TxEVER), which currently allows for "Male," "Female," and "Unknown/Not Yet Determined" as sex categories. However, DSHS indicated that the necessary changes to eliminate the "Unknown" option can be handled using existing resources, incurring no additional cost.

From a technology perspective, the bulk of the expenditure stems from change orders needed to update the CRD data repositories, as outlined by DPS. Despite these costs, there is no anticipated significant fiscal impact on local governments, as the changes primarily affect state-level data management systems.

Vote Recommendation Notes

This legislation aligns with the core liberty principles of Individual Liberty and Limited Government. By establishing standardized and clear definitions, the bill ensures that individual identities are respected and protected from inconsistent or arbitrary government interpretation. It prevents governmental overreach by clearly defining terms related to sex rather than allowing varied interpretations that could undermine privacy and safety, particularly in contexts like single-sex bathrooms, sports teams, shelters, and correctional facilities.

The bill also reinforces the principle of Personal Responsibility by acknowledging the biological differences between males and females and maintaining the integrity of spaces specifically designated for women’s safety and privacy. Additionally, the bill supports Private Property Rights and Free Enterprise by minimizing legal ambiguity, which can lead to costly litigation or compliance challenges related to the use of single-sex facilities in businesses and public accommodations.

Although the bill incurs a one-time cost of approximately $2.57 million for state agencies to update data systems, this is a limited expenditure compared to the potential ongoing legal and social costs of inconsistent data practices. The fiscal note indicates that the Department of State Health Services can manage necessary updates within existing resources, further minimizing financial impact.

Given the bill’s focus on clarifying legal standards and protecting the rights and safety of women and girls, while also limiting government overreach, Texas Policy Research recommends that lawmakers vote YES on HB 229.

Individual Liberty: HB 229 supports individual liberty by upholding clear, consistent definitions of biological sex within state law. By defining terms such as "male," "female," "man," "woman," and others based on biological characteristics, the bill aims to protect the rights of individuals—particularly women—to maintain safe, single-sex spaces. This preservation of safety and privacy respects individuals' rights to bodily autonomy and personal security. Moreover, by eliminating ambiguity in legal definitions, the bill helps individuals understand and assert their rights more effectively.
Personal Responsibility: The bill aligns with the principle of personal responsibility by acknowledging the biological differences between males and females, especially regarding safety and physical vulnerability. By maintaining separate spaces where necessary (such as restrooms, locker rooms, and shelters), the bill reinforces the idea that individuals and institutions have a responsibility to ensure the safety of women and girls. Furthermore, the standardized classification system mandates that government entities responsibly and accurately collect data related to sex, avoiding misrepresentation or confusion.
Free Enterprise: HB 229 indirectly supports free enterprise by reducing legal uncertainty for businesses that maintain single-sex spaces, such as gyms, shelters, and similar facilities. By providing a clear legal framework for distinguishing between male and female spaces, the bill minimizes the risk of litigation related to gender identity disputes. This clarity can help businesses better manage compliance and reduce potential legal expenses, allowing them to operate more freely within established legal boundaries.
Private Property Rights: The bill indirectly bolsters private property rights by affirming the ability of property owners and businesses to designate and maintain single-sex spaces without fear of legal repercussions stemming from ambiguous definitions of sex. This protection is particularly relevant for private institutions like fitness centers, shelters, and schools, which may face challenges regarding access to gender-specific facilities. By providing clear legal guidelines, the bill empowers property owners to enforce their own rules regarding single-sex spaces responsibly.
Limited Government: HB 229 supports limited government by establishing clear, consistent legal definitions rather than leaving the interpretation of sex to varying bureaucratic standards. By embedding these definitions in the Code Construction Act, the bill prevents excessive government intervention in how public and private entities classify and manage single-sex spaces. Moreover, the bill does not create new regulatory frameworks or enforcement mechanisms, keeping government involvement minimal and focused on maintaining public safety and consistency.

View Bill Text and Status