Texas Codes

Tex. Educ. Code § 33.0834 (2026)

Interscholastic Athletic Competition Based On Biological Sex

✓ current as of May 2026

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Sec. 33.0834. INTERSCHOLASTIC ATHLETIC COMPETITION BASED ON BIOLOGICAL SEX. (a) Except as provided by Subsection (b), an interscholastic athletic team sponsored or authorized by a school district or open-enrollment charter school may not allow a student to compete in an interscholastic athletic competition sponsored or authorized by the district or school that is designated for the biological sex opposite to the student's biological sex as correctly stated on:

(1) the student's official birth certificate, as described by Subsection (c); or

(2) if the student's official birth certificate described by Subdivision (1) is unobtainable, another government record.

(b) An interscholastic athletic team described by Subsection (a) may allow a female student to compete in an interscholastic athletic competition that is designated for male students if a corresponding interscholastic athletic competition designated for female students is not offered or available.

(c) For purposes of this section, a statement of a student's biological sex on the student's official birth certificate is considered to have correctly stated the student's biological sex only if the statement was:

(1) entered at or near the time of the student's birth; or

(2) modified to correct any type of scrivener or clerical error in the student's biological sex.

(d) The University Interscholastic League shall adopt rules to implement this section, provided that the rules must be approved by the commissioner in accordance with Section 33.083(b). The rules must ensure compliance with state and federal law regarding the confidentiality of student medical information, including Chapter 181, Health and Safety Code, and the Health Insurance Portability and Accountability Act of 1996 (42 U.S.C. Section 1320d et seq.).

Added by Acts 2021, 87th Leg., 3rd C.S., Ch. 2 (H.B. 25), Sec. 3, eff. January 18, 2022.

Notes of Decisions

Cited in 3 cases (3 in the last 5 years), 2023–2024 · leading case: Lindsay Hecox v. Bradley Little, 79 F.4th 1009 (9th Cir. 2023).

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Lindsay Hecox v. Bradley Little, 79 F.4th 1009 (9th Cir. 2023). “LITTLE In the United States, high school interscholastic athletics are generally governed by state interscholastic athletic associations, such as the Idaho High School Activities Association (IHSAA).”

Lindsay Hecox v. Bradley Little (9th Cir. 2024). “§ 49-7-180 (2022); Tex. Educ. Code Ann. § 33.0834 (West 2022); Utah Code Ann.”

State of Texas v. The United States of Am. (N.D. Tex. 2024). “See TEX. EDUC. CODE § 33.0834 (“[A]n interscholastic athletic competition team sponsored or authorized by a school district or open-enrollment charter school may not allow .”

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