Texas House Bill 229

House Bill 229
Texas House of Representatives
Long title AN ACT relating to general definitions for and collection of governmental information regarding biological sex.
Citation
Territorial extent	Texas
Enacted by	Texas House of Representatives
Enacted	May 9, 2025
Enacted by	Texas Senate
Signed by	Greg Abbott
Signed	June 20, 2025
Effective	September 1, 2025
First chamber: Texas House of Representatives
Introduced by	Ellen Troxclair [1]
Summary
Modifies the definition of gender and sex-related terms in state law to align with biological sex and requires the collection and modification of state records and documents to align with the new definitions.
Status: Not yet in force

Texas House Bill 229 (HB 229), also known as the Women's Bill of Rights, ^[2] is a 2025 law in the state of Texas that modifies the definitions of gender, sex, and related terms in state law. ^[3] It was signed into law by Governor Greg Abbott on June 20, 2025, and took effect on September 1, 2025. ^[4]

The law requires state agencies and entities to define sex based strictly on biological attributes and prohibits classification based on gender identity. House Bill 229 could impact up to 120,000 transgender Texans by requiring state documents and records to align with their biological sex rather than gender identity. ^{[5] [6] [7] [8]} The law has been accused of being anti-transgender and harmful to intersex and non-binary people. ^{[9] [10] [11] [12] [13]}

The bill’s strict definition of sex excludes gender identity and sexual orientation from the scope of state-level employment nondiscrimination protections. As a result, state agencies are not required to recognize these categories in employment policy unless mandated by federal law, such as Title VII of the Civil Rights Act of 1964 and the U.S. Supreme Court’s 2020 decision in Bostock v. Clayton County , which interpreted sex discrimination to include discrimination based on gender identity and sexual orientation.

Provisions

• 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.

Impact on Tarrant County College v. Sims and the Texas Workforce Commission

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.

Impact on birth certificates

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]}

See also

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

References

1. "Release: Texas House Hears Bill on Women's Bill of Rights, Defines Woman". Texas Values. April 25, 2025. Retrieved June 29, 2025.
2. "State Representative Carl Tepper said House Bill 229 is not trying to 'erase anyone'". Everything Lubbock. May 13, 2025. Archived from the original on May 15, 2025. Retrieved June 29, 2025.
3. Sanchez, Kelsey (May 9, 2025). "Texas House debates controversial bills on trans rights". KVUE. Retrieved June 29, 2025.
4. Freeman, Andrew (June 20, 2025). "Gov. Abbott signs 'Women's Bill of Rights' which opponents call an attack on trans Texans". Dayton 24/7 News NOW. Retrieved June 29, 2025.
5. Klibanoff, Eleanor (May 10, 2025). "Texas House OKs excluding trans people from state records". The Texas Tribune. Archived from the original on June 25, 2025. Retrieved June 29, 2025.
6. Croucher, Shane (May 28, 2025). "Texas Senate Passes Bill on Definition of Woman". Newsweek. Archived from the original on July 12, 2025. Retrieved June 29, 2025.
7. Hallas, Emily (May 28, 2025). "Texas Senate pushes bill defining men and women based on biological sex across finish line". Washington Examiner. Archived from the original on July 23, 2025. Retrieved June 29, 2025.
8. Montoya Coggins, Jessica (May 12, 2025). "The Targeting of Trans Texans Continues". The Texas Signal. Archived from the original on June 16, 2025. Retrieved June 29, 2025.
9. "Texas Senate passes anti-trans HB 229 imposing strict and limited definitions of gender". Dallas Voice. May 28, 2025. Retrieved June 29, 2025.
10. Leh, Dominique (May 20, 2025). "Transgender Texans express concern over bill defining sex based on biology". KXXV. Retrieved June 29, 2025.
11. "Vouchers, property taxes and abortion: Here's what the Texas Legislature did in 2025". Houston Public Media. June 2, 2025. Archived from the original on July 9, 2025. Retrieved June 29, 2025.
12. Neas, Cora (May 16, 2025). "Senate committee holds late night public comments hearing on gender definition bill". KXAN. Archived from the original on July 22, 2025. Retrieved June 29, 2025.
13. Goldenstein, Taylor (May 27, 2025). "What to know about the key Texas bills targeting trans rights". Houston Chronicle. Retrieved June 29, 2025.
14. Tarrant County College District v. Sims, 621 S.W.3d 323 (Tex. App.—Waco 2021) ^{[ dead link ]}
15. "TWC Employer Guide – LGBT Issues (accessed 2025)". Archived from the original on June 18, 2025. Retrieved August 6, 2025.
16. Texas Legislature Online – Bill History for HB 229
17. "Texas governor expected to sign bill defining sex based on ova production and fertilization". Them. May 28, 2025. Archived from the original on July 16, 2025. Retrieved August 7, 2025.
18. "Texas just quietly revoked trans people's ability to change their birth certificates". Them. September 3, 2024. Archived from the original on July 5, 2025. Retrieved August 7, 2025.
19. "Relating to the required inclusion of a person's sex on a birth certificate and prohibited change of sex on the birth certificate of certain persons". Translegislation.com.
20. "Texas legislature advances trio of bills targeting trans rights". OutSmart Magazine. May 14, 2025.