“Inside the Capitol” examines key bills from the 89th legislative session that impact the Texas State and San Marcos communities. The session began on Jan. 14 and ended June 2.
A bill in the Texas legislature will define and recognize only two sexes based on individuals’ reproductive systems.
State Rep. Ellen Troxclair (R-Lakeway) introduced House Bill 229 (HB 229) with Rep. Valoree Swanson (R-Spring) and Rep. Shelby Slawson (R-Stephenville), that defines “male” and “female” and outlines how government data will be reflected.
Stated in HB 229, terms “female” and “woman” mean someone whose reproductive system is made to produce ova, also known as egg cells, which are produced in the ovaries. “Male” and “man” mean someone whose reproductive system is made to fertilize the ova or egg cell, of a female.
Additionally, HB 229 gives more terms linked to sex. A “boy” refers to a child of male sex, while a “girl” is a child of female sex. Similarly, “father” indicates a parent of male sex and “mother” is a parent of female sex.
HB 229 states inconsistencies in court rulings and policies concerning the definitions of “sex” have led to the endangerment of single-sex spaces and resources.
Issac Torres, assistant professor of instruction for the Center of Diversity and Gender Studies at Texas State University, said the bill could marginalize people who don’t neatly fit into the categories set.
“[The bill] does three things, in my opinion: It’s going to reinforce those myths about what true human nature is, then it’s going to allow government a further kind of insight to govern identities to actually look at sexual organs as a kind of political site of analysis and last it denies the difference among humans,” Torres said.
At least 16 states have passed sex-definition laws like HB 229, according to a women’s advocacy group called Independent Women’s Voice.
Torres said the bill also would allow the government and government entities to determine how you should identify yourself if you wish to participate in anything.
“People who don’t fit neatly into those boxes, their identity is thus their participation in society, their capacity to aspire to leadership or to achieve something more than what they currently have, becomes inhibited,” Torres said. “In a way that says you are in fact on the outside of the status quo participation of us all.”
HB 229 states all state records, like birth certificates and drivers licenses, must reflect the definition of sex provided.
According to Equality Texas, a nonprofit LGBTQIA+ Texan equality organization, over 120,000 transgender Texans with updated gender markers would be faced with inconsistencies with state and federal IDs, exposing them to harassment, discrimination or violence in daily interactions.
Rem Remy, acting junior and gender fluid student, said HB 229 could lead to increased hateful messages directed at LGBTQIA+ individuals.
“I can’t understand why, if America is supposed to be like the land of the free and home of the brave, and opportunity and all that, why can’t we want to be treated in the way we want to be treated?” Remy said.
Torres said that there will always be people who don’t fit into neat boxes, and creating these boxes will deny these people their human identity.
“Just because you don’t like the way I identify doesn’t mean I’m just gonna stop. I literally can’t just stop being gender fluid in the same way that you can’t stop being a man,” Remy said.
Stated in HB 229, every person is one of the two sexes, and people with a disorder of sex development or as intersex are not considered a third sex and must receive accommodations that were not specified.
Torres said HB 229 is putting people in ‘clinical, cold, legal categorization” that conflicts with Title IX’s purpose for protecting diversity.
“Title IX is designed to protect people, maybe even protect women or underrepresented bodies in education and athletics… the categorization limits who they are and allows no room for difference,” Torres said.
Remy said LGBTQIA+ people should not feel the need to hide just because of this bill. Remy continued that LGBTQIA+ people will not cease to exist; however, HB 229 will not allow some to exist comfortably in the world.
Torres is concerned about how the bill will be implemented in schools, prisons, and hospitals, questioning whether agencies like these will have the legal authority to determine who is considered real and who isn’t.
“If your mind doesn’t conform to the policy and your body doesn’t conform to the definition, [like] trans people, non-binary, [and others], their sense of self and identity is unreadable, erasable, [and] disposable,” Torres said.
According to a statement from Texas State University, they are currently discussing how this bill could impact students, staff and faculty.
“TXST’s priority is the safety of our students, staff, and faculty at all times. We are aware of the bill and will comply with all federal and state laws. We are in contact with TSUS for guidance,” Texas State said in their statement.
As of June 20, HB 229 was signed into law by Gov. Greg Abbott, and it will become effective on Sep. 1, 2025.
