Texas House Bill 229

• Declares legislative findings that:
  • Males and females possess unique, immutable biological differences observable from birth and developing further with age and puberty.
  • Only females can become pregnant, give birth, and breastfeed.
  • Males are generally physically stronger, larger, and faster than females.
  • Females are more physically vulnerable to certain types of violence, including sexual violence.
  • Females have historically faced discrimination in education, athletics, and employment.
  • These biological differences may justify the existence of separate spaces or programs for each sex.
  • Inconsistencies in legal and policy definitions of sex have threatened single-sex spaces.
  • "Equal" does not mean "identical" and "separate" is not inherently "unequal."
  • Sex-based distinctions in spaces such as athletics, correctional facilities, shelters, and restrooms can be legitimate where safety, privacy, or biology is implicated.
  • Sex-based classifications are subject to intermediate constitutional scrutiny.
  • Every individual is either male or female; intersex individuals or those with disorders of sex development are not a third sex but must receive lawful accommodations.

• Amends Section 311.005 of the Texas Government Code to include new statutory definitions:
  • Boy – a child of the male sex.
  • Girl – a child of the female sex.
  • Father – a parent of the male sex.
  • Mother – a parent of the female sex.
  • Male / Man – an individual with a reproductive system developed to fertilize ova.
  • Female / Woman – an individual with a reproductive system developed to produce ova.
  • Sex – an individual's biological sex, either male or female.

• Creates Subchapter G in Chapter 2051 of the Texas Government Code to regulate the collection of vital statistics:
  • Requires that any governmental entity collecting vital statistics data for the purpose of anti-discrimination compliance or for compiling public health, crime, economic, or other statistics must record each individual as either male or female.

In 2021, the Texas Court of Appeals ruled in Tarrant County College v. Sims that discrimination based on sexual orientation or gender identity could be considered a form of sex discrimination under the Texas Commission on Human Rights Act (TCHRA), aligning with the U.S. Supreme Court’s interpretation in Bostock v. Clayton County (2020).^[14]

Following the Sims ruling, the Texas Workforce Commission (TWC) updated its administrative guidance to reflect that employment discrimination based on sexual orientation or gender identity could constitute unlawful sex discrimination under federal law. Although the agency noted that Texas state law (Chapter 21, Labor Code) did not independently cover these categories, it acknowledged the reach of federal law and urged employers to comply accordingly.^[15]

Effective September 1, 2025, the law codified a binary, biological definition of “sex” based on reproductive anatomy at birth and mandated all state agencies—including the TWC—to align their policies and classifications with this definition. Its narrow definition of "sex" effectively eliminates state-level employment discrimination protections based on sexual orientation or gender identity.^[16]

As a result, the legal foundation underpinning Tarrant v. Sims was effectively nullified at the state level. The TWC is no longer authorized to interpret or enforce the TCHRA to cover claims based on LGBTQ status. Since then, individuals in Texas have had to rely solely on federal law—specifically Title VII of the Civil Rights Act of 1964—to pursue claims of employment discrimination based on sexual orientation or gender identity, following the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County, which interpreted “sex” under Title VII to include both characteristics; at the state level, local nondiscrimination ordinances offering such protections in private employment are void and unenforceable under Section 1.005 of the Texas Labor Code.

Texas House Bill 229 codifies a policy shift that began on August 20, 2024, when the Texas Department of State Health Services (DSHS) ceased allowing transgender individuals to update the sex marker on their birth certificates based on gender identity. The agency limited changes to clerical errors and removed gender marker correction options from the application form for amending birth records. Under HB 229, the state formally defines sex as either male or female based strictly on biological reproductive anatomy and requires all governmental entities collecting vital statistics to identify individuals according to this binary classification (Section 2051.252).^[17][13]

This provision effectively prohibits amendments to sex markers on birth certificates based on gender identity or medical transition, revoking previous practices that allowed changes through court orders and supporting documentation. Critics argue that this codification amounts to a de facto ban on gender marker updates and severely limits access to accurate identity documentation for transgender and intersex Texans.^[18][19][20]

• LGBTQ rights in Texas
• Texas Senate Bill 14 (2023)