The Texas Senate passed House Bill 229 early Wednesday morning, a measure that formally defines "male" and "female" in state law and mandates all government entities use binary sex categories in recordkeeping. The bill passed 20-11, largely along party lines, and now heads to Republican Governor Greg Abbott, who is expected to sign it into law.
HB 229 defines a male as "an individual whose biological reproductive system is developed to fertilize the ova of a female," and a female as "individual whose biological reproductive system is developed to produce ova." The legislation explicitly states that individuals diagnosed as intersex "are not considered to belong to a third sex."
State Sen. Mayes Middleton, R-Galveston, who sponsored the bill in the Senate, described the measure as a safeguard for women's rights. "HB 229 makes sure that the reality and truth of the two sexes is clear in Texas law and never altered by school districts, local cities, or bureaucrats ever again," Middleton said in a statement shared by Texas Values, a Christian advocacy group.
During Tuesday's debate, Sen. Molly Cook, D-Houston, opposed the bill, warning it would erase intersex Texans and further marginalize transgender residents. The debate between Middleton and Cook, which lasted more than 20 minutes, was voted into the legislative journal.
Democratic Sen. José Menéndez criticized the measure, calling it "a form of state-sponsored discrimination." He told the Texas Tribune, "If a law forces non-binary Texans, who are real people, into categories that don't reflect their lived experiences or identities... that would actually become discrimination in practice."
The bill requires all state and local agencies that collect demographic information for public health, criminal justice, economic, or anti-discrimination purposes to categorize individuals strictly as male or female. It is unclear how such classifications will be enforced beyond reliance on existing identity documents.
HB 229 also includes legislative findings stating that males are "on average, bigger, stronger, and faster than females," and that "females [are] more physically vulnerable than males to specific forms of violence, including sexual violence."
The law, which goes into effect on September 1 unless vetoed, echoes similar efforts across Republican-led states and aligns with President Donald Trump's federal policy. Trump recently threatened to withhold federal funds from California over a transgender athlete's eligibility in a girls' sports competition. "THIS IS NOT FAIR, AND TOTALLY DEMEANING TO WOMEN AND GIRLS," he posted on Truth Social, warning of "large scale Federal Funding" cuts.
M.E. Castle, director of government relations for Texas Values, stated on X, "The message is clear: You don't mess with Texas women."
The bill's passage follows previous attempts in the legislature to restrict access to bathrooms and locker rooms based on gender identity. SB 240, which proposed a private spaces ban, died in committee earlier this session but is expected to resurface.
