| Update Applicable to: | Effective Date |
| All Covered Entities in Texas | September 1, 2025 |
What happened?
On June 20, 2025, Texas Governor Greg Abbott signed House Bill 229 into law, establishing new legal definitions of biological sex and mandating how governmental entities collect and report sex-based data.
Overview:
The law introduces implications for public agencies and employers statewide.
Implications for Employers: While HB 229 does not directly regulate private employers, it may influence:
- How demographic data is collected and reported.
- Interpretation of gender discrimination claims under the Texas Labor Code.
- Alignment of internal policies with state definitions of sex.
Recommendations: Employers should review HR practices, train staff on compliance and sensitivity, and monitor federal protections under Title VII, which continue to recognize gender identity.
Additional Information
HB 229 Summary:
Section 1 – Legislative Findings: affirms that males and females have immutable biological differences that justify sex-based distinctions in certain contexts. It emphasizes:
- Only females can become pregnant, give birth, and breastfeed.
- Males are generally stronger and faster; females are more vulnerable to certain forms of violence.
- Historical discrimination against females supports the need for separate spaces (e.g., restrooms, shelters).
- Individuals are either male or female; intersex individuals are not considered a third sex but must be accommodated under law.
Section 2 – Amendments to Government Code §311.005: This section introduces new definitions into Texas law:
- Male/Man: An individual whose reproductive system is developed to fertilize ova.
- Female/Woman: An individual whose reproductive system is developed to produce ova.
- Boy/Girl: A child of the male/female sex.
- Father/Mother: A parent of the male/female sex.
- Sex: Defined strictly as biological sex, either male or female.
Section 3 – Vital Statistics Collection (Chapter 2051, Subchapter G): Governmental entities collecting sex-related data for public health, crime, economic, or antidiscrimination purposes must:
- Identify individuals strictly as male or female.
- Refrain from using third or alternative classifications (e.g., nonbinary).
Section 4 – Effective Date: The law becomes effective on September 1, 2025.
Source References
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