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HB229

Regular Session

Relating to general definitions for and collection of governmental information regarding biological sex.

Moderate
Low Cost
Effective:2025-09-01
Enforcing Agencies

All Texas Governmental Entities (State, County, Municipal) • Department of Public Safety (DPS) • Department of State Health Services (DSHS)

HB229
Relating to general definitions for and collection of governmental information regarding biological sex.
Moderate Urgency
Heavily Contested
House Vote87 - 56
YEA
NAY
61% in favor143 voting
Senate Vote20 - 11
YEA
NAY
65% in favor31 voting
67
Total Opposition Votes
Cost Impact
Low
Effective
2025-09-01
Enforcing Agencies
All Texas Governmental EntitiesDPSDSHS
Primary Author: Rep. Ellen Troxclair
89th Texas Legislature
jdkey.com
01

Compliance Analysis

Key implementation requirements and action items for compliance with this legislation

Implementation Timeline

  • Effective Date: September 1, 2025
  • Compliance Deadline: September 1, 2025 (State systems, including TxEVER and Crime Records, are expected to reject non-compliant data on this date. Private entities must test and deploy system updates *before* this deadline).
  • Agency Rulemaking: No formal rulemaking period is mandated, but DPS and DSHS will issue technical guidance for API updates. The period between June 2025 and August 2025 will be the critical "testing window" for data interoperability.

Immediate Action Plan

  • 1. IT Audit: Immediately identify every data field in your system that transmits "Sex" or "Gender" to a Texas state agency.
  • 2. Vendor Notification: Contact your EHR, HRIS, or background check software vendors to confirm they are preparing patches for the September 1, 2025 cutover.
  • 3. Update Forms: Redraft physical and digital intake forms to remove non-binary options where the data is destined for the state.
  • 4. Review Insurance: Check Employment Practices Liability Insurance (EPLI) for coverage regarding conflicting regulatory requirements (State vs. Federal).

Operational Changes Required

Contracts

  • Software Licensing (SaaS): If you provide software to Texas agencies, you must amend Master Services Agreements (MSAs) to guarantee compliance with HB229. Your software must be patched to restrict gender fields to binary options for Texas clients.
  • Data Sharing Agreements: Review liability clauses regarding "service interruptions." If your system fails to push data to the state because of a schema mismatch (e.g., sending "Unknown" to a binary-only field), you may be in breach of performance metrics.

Hiring/Training

  • Intake Protocols: Train front-line staff (admissions, HR, security intake) that "Unknown" or "Decline to State" are no longer valid inputs for state-mandated forms.
  • Scripting: Provide staff with approved scripts to explain to employees or patients that the State of Texas requires a biological sex classification for processing, removing personal discretion from the employee.

Reporting & Record-Keeping

  • Data Architecture: You must audit all databases that interface with the state (specifically TxEVER for healthcare and DPS Crime Records for security). Map any existing "Non-binary" or "Unknown" legacy data to the new binary standard if the state requires historical data reconciliation.
  • Dual Reporting Systems: You may need to maintain two sets of demographic data: one for Texas compliance (Binary) and one for Federal compliance (EEOC/Department of Education) which may recognize gender identity.

Fees & Costs

  • IT Remediation: Budget for internal or vendor costs to reconfigure dropdown menus, API calls, and data validation rules.
  • No New State Fees: The bill does not impose new filing fees, but the cost of non-compliance (rejected filings) is operational downtime.

Strategic Ambiguities & Considerations

  • "Developed to Produce/Fertilize Ova": The law uses a biological capacity definition. It is unclear how agencies will classify individuals with complex medical conditions (e.g., Androgen Insensitivity Syndrome) without genetic testing. Expect DSHS to issue guidance on "default" classifications for these edge cases.
  • Federal vs. State Standoff: Federal agencies may require gender identity reporting that Texas law now technically prohibits its agencies from collecting. Until the Attorney General issues guidance on this conflict, businesses should prioritize the specific requirements of the receiving agency (e.g., send binary to Texas, send self-ID to Feds).

Need Help Understanding Implementation?

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Information presented is for general knowledge only and is provided without warranty, express or implied. Consult qualified government affairs professionals and legal counsel before making compliance decisions.

02

Legislative Timeline

This bill's path through the Texas Legislature

Filed
Nov 12, 2024
Passed House
May 12, 2025
Passed Senate
May 28, 2025
Signed
Jun 20, 2025
TopicsHealthHealth--privacy/use of InformationHuman RelationsWomenVital Statistics & RecordsGender Identity & Expression
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House Authors

Rep. Ellen TroxclairRepublican · Primary Author
Joint Authors
Coauthors (66)

Senate Sponsors

Sen. Mayes MiddletonRepublican · Primary Sponsor
Cosponsors (5)

Bill Text(with markup)

View bill text in multiple formats on Texas Legislature website

Fiscal NoteView Original

Related Legislation

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More from Rep. Ellen Troxclair

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Related by Topic

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Quick Reference

Frequently Asked Questions

Common questions about HB229

Q

What does Texas HB229 do?

HB229 mandates a strict binary (Male/Female) classification for all data collected by Texas governmental entities, effectively eliminating "Unknown," "Non-binary," or "X" markers from state databases. While the law targets government agencies, it creates an immediate technical imperative for private entities (healthcare, security, HR, and government contractors) that submit data to state repositories to reconfigure their systems to match this binary standard or face submission rejections. Implementation Timeline Effective Date: September 1, 2025 Compliance Deadline: September 1, 2025 (State systems, including TxEVER and Crime Records, are expected to reject non-compliant data on this date.

Q

Who authored HB229?

HB229 was authored by Texas Representative Ellen Troxclair during the Regular Session.

Q

When was HB229 signed into law?

HB229 was signed into law by Governor Greg Abbott on June 20, 2025.

Q

Which agencies enforce HB229?

HB229 is enforced by All Texas Governmental Entities (State, County, Municipal), Department of Public Safety (DPS) and Department of State Health Services (DSHS).

Q

How urgent is compliance with HB229?

The compliance urgency for HB229 is rated as "moderate". Businesses and organizations should review the requirements and timeline to ensure timely compliance.

Q

What is the cost impact of HB229?

The cost impact of HB229 is estimated as "low". This may vary based on industry and implementation requirements.

Q

What topics does HB229 address?

HB229 addresses topics including health, health--privacy/use of information, human relations, women and vital statistics & records.

Legislative data provided by LegiScanLast updated: November 25, 2025

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