Texas State Profile

Texas’ Sex Education Snapshot

Advocates in Texas have diligently worked against efforts to limit sex education across the state and are gearing up for a historic opportunity to advance comprehensive sex education for young people. While the Texas legislature was not in session in 2020, the Texas State Board of Education revised the Texas Essential Knowledge and Skills (TEKS) for Health Education for the first time in over two decades. The Texas Freedom Network, with support from SIECUS, led the #TeachTheTruth campaign to ensure the School Board of Education took steps to advance curriculum in Texas. While efforts to repeal the state’s discriminatory teaching requirements on sexual orientation and gender identity or include instruction on consent were ultimately unsuccessful, schools are now required to provide instruction on birth control methods to students in seventh and eighth grade. Right now, advocates are working on advancing the adoption of updated instructional materials following the updated requirements. Several advocates plan on working with statewide partners to support school districts in adopting the new requirements in addition to adopting advanced, more comprehensive, sex education. In light of the unsuccessful effort to include instruction on sexual orientation and gender identity within the new sex education requirements, several bills (House Bill 1038, Senate Bill 261, House Bill 1037 , Senate Bill 129) have been introduced. If successful, the bills will repeal section 21.06 of the Penal Code, which states that homosexual conduct is a criminal offense. They would also remove the requirement to teach that “homosexual conduct” is not an acceptable lifestyle and a criminal offense within sex education. Further, House Bill 1037 and Senate Bill 129 seeking to remove heteronormative language pertaining to marriage within Texas code.

In light of the coronavirus pandemic, the ability of young people to receive sex education has been severely reduced. Some districts, including ones that were advancing their sex education curriculum, have reported halting all sex education programming due to hesitations in teaching it in a virtual setting. However, advocates report some success in advancing digital advocacy efforts.

While opponents of comprehensive sex education are in the minority in Texas, their voices are often the loudest and are being carefully considered by advocates. One opponent, Texas Values, is an organization that opposes advancements in access to abortion care, LGBTQ rights, and comprehensive sex education, and has historically mobilized opposition to advocate for restrictive policies when sex education curriculum is under review by the state and Independent School Districts (ISDs). Such opposition is fueled by federal abstinence-only funding and Texas receives the highest amount of abstinence-only funding in the country.

Since Texas schools are not required to provide sex education to students, school districts are left to decide what type of sex education–if any at all–they provide to youth. Mandating local control over sex education presents unique challenges that have resulted in a glaring disparity regarding the quality of sex education that students receive. Such discretion allows for the implementation of policies and curriculum that stigmatize marginalized youth, such as students of color and LGBTQ youth, and presents further challenges in ensuring that low income districts have access to the resources needed to implement comprehensive sex education. Students of color make up the majority of Texas public school enrollment, and these young people need sex education curriculum that is trauma informed and culturally responsive to the structural barriers to reproductive health care and education that young people of color often face. For example, the Trump administration’s continuous attack on immigrant communities has caused many undocumented immigrants to avoid seeking medical care out of fear of deportation. The closure of 82 family planning clinics in Texas between 2011 and 2016 has also directly impacted the ability of low-income families and individuals to access health care services.

In addition to inaccessible health services, a lack of reliable sex education curriculum further distances youth from comprehensive sexual health care and knowledge. A 2017 report by the Texas Freedom Network found that 58.3 percent of school districts took an abstinence-only approach to sex education, 16.6 percent taught abstinence-plus curriculum, and 25 percent taught no sex education at all. Advocates report that current sex education curriculum often includes discriminatory and false information about LGBTQ people and medically inaccurate information about abortion. Some textbooks have even been reported to omit condom usage as a strategy to avoid STIs and list condom use as a high risk behavior, while using shame and fear based tactics to emphasize the value of abstinence. Updating the TEKS for Health Education and advancing sex education curriculum in Texas is essential for ensuring young people receive bias-free, medically accurate, inclusive instruction that allows them to make informed decisions about their health and future. To adequately address the needs of young people, advocates report that curriculum must be comprehensive in its approach and include instruction on contraception and STI prevention, reproductive health care, sexual orientation and gender identity, and consent and sexual violence prevention.

Some districts in Texas have taken initiative to advance sex education in their communities. In October of 2019, the Austin Independent School District unanimously voted to approve comprehensive sex education curriculum for students in grades 3-8. The vote followed a three-hour school board meeting in which about 100 community members voiced their opinion on the new comprehensive measure.

Right now, advocates can take steps to improve sex education in their community. After contacting their ISDs to determine what sex education, if any at all, is currently being taught, advocates can vocalize the need for improved curriculum and develop local support for advancing sex education requirements. Advocates can focus on ensuring curriculum is medically accurate and culturally responsive to the needs of youth of color and LGBTQ youth, or ensure topics such as consent, healthy relationships, contraceptive options, and reproductive health care are included in sex education curriculum. Advocates are encouraged to use the SIECUS Community Action Toolkit to guide local efforts to advance sex education.

State Sex Education Policies and Requirements at a Glance

Texas schools are not required to teach sex education.
If a school chooses to teach sex education, curriculum must emphasize abstinence.
If a school chooses to teach sex education and uses curriculum developed by the Texas Department of State Health Services (DSHS), it must state that homosexuality is not an acceptable lifestyle to the general public and that it is a criminal offense under the Texas Penal Code. The United States Supreme Court handed down a decision in Lawrence v. Texas that declared state laws criminalizing homosexual behavior to be unconstitutional in 2003.
Curriculum is not required to include instruction on consent.
Parents or guardians may remove their children from any part of sex education instruction if it conflicts with their beliefs by submitting a written request to the teacher. This is referred to as an “opt-out” policy.
Texas has no standard regarding medically accurate sex education instruction.

State House Highlights

This section highlights sex education bills that were introduced during the 2020 state legislative session as well as bills that have been introduced thus far in 2021. These proposed bills provide a brief overview of both recent and current legislative action taken to advance or restrict sex education. For a more comprehensive look at relevant legislation concerning sex education and related topics such as reproductive health care, LGBTQ rights, and HIV/AIDS, continue reading on to the “State Legislative Activity” section of Texas’ profile.

2021 Legislative Session

House Bill 1037 (pending): Aims to replace gender specific language relating to the rights and duties of spouses. Repeals section 21.06 of the Penal Code, which states that homosexual conduct is a criminal offense. Removes the requirement to teach that “homosexual conduct” is not an acceptable lifestyle and a criminal offense within sex education. An identical, companion bill was introduced in the Senate.

House Bill 1038 (pending): Aims to repeal section 21.06 of the Penal Code, which states that homosexual conduct is a criminal offense. Removes the requirement to teach that “homosexual conduct” is not an acceptable lifestyle and a criminal offense within sex education.

House Bill 2679 (pending): Aims to require schools to teach sex education that is medically accurate, age appropriate, include affirming information about gender identity and sexual orientation, cover human sexuality, pregnancy, and STIs, discuss human sexuality as a normal and healthy aspect of human development, include instruction on consent education, contraceptive methods, healthy relationships, and emphasize the importance of abstinence. Further, districts must adopt policies concerning the distribution of condoms and menstrual products. Parental notice regarding sex education instruction must be provided prior to the beginning of the school year.

House Bill 3058 (pending): Aims to require schools to teach one credit of health education.

House Bill 3872 (pending): Aims to define additional requirements of each local school health advisory committee, including adopting a resolution convening the local school health advisory council for the purpose of making recommendations regarding the curriculum or curriculum materials. The Commissioner must adopt rules requiring school districts to use a process to adopting curriculum materials for sex education.

House Bill 4425 (pending): Aims to repeal the requirement to teach that homosexuality is an unacceptable lifestyle or a criminal offence within sex education instruction.

House Bill 4088 (pending): Aims to require schools to provide medically accurate and age-appropriate sex education. Curriculum must include instruction on human sexuality as a normal and healthy aspect of human development, pregnancy, and sexually transmitted infections. Curriculum must provide instruction on contraceptives and healthy relationships,

Senate Bill 129 (pending): Aims to replace gender specific language relating to the rights and duties of spouses. Repeals section 21.06 of the Penal Code, which states that homosexual conduct is a criminal offense. Removes the requirement to teach that “homosexual conduct” is not an acceptable lifestyle and a criminal offense within sex education.

2019 Legislative Session
House Bill 1012 (failed): Sought to require local school health advisory council to consist of five members appointed by the board of trustees. The bill would have prohibited school districts from distributing contraceptives to students and required the board of trustees to notify parents if they are considering a change to the content of a school’s sex education instruction. The board would then be required to provide an opportunity for public comment. An identical companion bill was introduced in the Senate.

House Bill 2161 (failed): Sought to require schools to provide age-appropriate and medically accurate sex education. Under the bill, instruction would be required to cover human sexuality, pregnancy, STIs, abstinence as the preferred choice of behavior, the health benefits of methods approved by the FDA for preventing pregnancy, sexual harassment, and healthy relationships

House Bill 3144 (failed): Sought to require schools to provide age-appropriate and medically accurate sex education. Under the bill, instruction would be required to cover human sexuality, pregnancy, STIs, abstinence as the preferred choice of behavior, the health benefits of methods approved by the FDA for preventing pregnancy, consent, sexual harassment, and healthy relationships.

House Bill 3719 (failed): Sought to require schools to provide age-appropriate and medically accurate sex education. Under the bill, instruction would be required to cover human sexuality, affirming information on sexual orientation and gender identity, pregnancy, STIs, abstinence as the preferred choice of behavior, the health benefits of methods approved by the FDA for preventing pregnancy, consent, sexual harassment, healthy relationships, and the importance of regular gynecological exams, including pap smear screenings, and testing for STIs.

More on sex ed in Texas…

State Law

Neither sex education nor education on human immunodeficiency virus (HIV) and other sexually transmitted infections (STIs) are statutorily mandated in Texas. However, Texas Education Code §7.102(c)(11) requires the State Board of Education to “adopt rules to carry out the curriculum required or authorized under §28.002,” which includes “health.” This means all school districts must adhere to the Texas Essential Knowledge and Skills for Health Education standards. Accordingly, Texas Education Code §§ 28.004, Texas State Board of Education Administrative Code §§ 115.22, 115.23, 115.32, and 115.33 require that all “course materials and instruction relating to human sexuality” must:

Present abstinence from sexual activity as the preferred choice of behavior in relationship to all sexual activity for unmarried persons of school age;
Devote more attention to abstinence from sexual activity than to any other behavior;
Emphasize that abstinence from sexual activity, if used consistently and correctly, is the only method that is 100% effective in preventing pregnancy, sexually transmitted diseases (STDs), infection with HIV or acquired immune deficiency syndrome (AIDS), and the emotional trauma associated with adolescent sexual activity;
Direct adolescents to a standard of behavior in which abstinence from sexual activity before marriage is the most effective way to prevent pregnancy, STDs, and infection with HIV or AIDS; and
Teach contraception and condom use in terms of human-use reality rates instead of theoretical laboratory rates, if instruction on contraception and condoms is included in curriculum content.

School districts may not distribute condoms and are allowed to “separate students according to sex for instructional purposes.” Each school district must also have a local health advisory council established by the school district’s board of trustees. The council must make recommendations to the school district about changes in that district’s curriculum and “appropriate grade levels and methods of instruction for human sexuality instruction.”^[v] This council also must “assist the district in ensuring that local community values are reflected in the district’s health education instruction.”

Texas Health and Safety Code §85.007 and §163.002 state that course materials and instruction must “state that homosexual conduct is not an acceptable lifestyle to the general public and is a criminal offence under Section 21.06, Penal Code” a common “no promotion of homosexuality” style law. This ruling applies if the curriculum is developed by the DSHS. The United States Supreme Court handed down a decision in Lawrence v. Texas that declared state laws criminalizing homosexual behavior to be unconstitutional in 2003, invalidating Section 21.06 despite it remaining in Texas Code.

Parents or guardians may remove their children from any part of sex education instruction if it conflicts with their “religious or moral beliefs” by submitting a written request to the teacher. This is referred to as an “opt-out” policy.

State Standards

The Texas Essential Knowledge and Skills for Health Education includes standards for what the health curriculum should look like if provided. These standards include teaching students to “analyze the effectiveness and ineffectiveness of barrier protection and other contraceptive methods,” “analyze the importance of abstinence from sexual activity,” “summarize the facts related to HIV infection and [STDs],” and to understand “the emotional trauma associated with adolescent sexual activity.”

State Legislative Activity

State legislative activity related to sex education does not take place in isolation from the broader embroiled political and policy climate. Attacks on the rights of lesbian, gay, bisexual, transgender, queer, or questioning (LGBTQ) individuals, and efforts to limit access to abortion care and other reproductive healthcare services prevent students from receiving comprehensive sex education and accessing sexual and reproductive healthcare services. Below are highlights of current legislative activity related to these topics. Texas legislative sessions occur every other year. Texas’ 2021 session convenes January 12, 2021.

Title	Description	Status	Legislative Topic	Link / Url
House Bill 5256	If a school district adopts a policy allowing separation of multi-occupancy bathrooms or changing facilities not according to sex, the policy must include a description of which bathrooms are not designated by sex, how students will be supervised in that facility, and accommodations for students who want to use facilities separated by sex. This policy must be posted online and mailed to parents at the beginning of each school year.	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB05256I.htm
Senate Bill 1031	Establishes Felony for implementing surveys like YRBS	Introduced (2023)	YRBS	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01031I.htm
Senate Bill 2559	Requires school districts to adopt procedures to notify a parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being. The procedures may not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the school district.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB02559I.htm
House Bill 4055	Requires school districts to adopt procedures to notify a parent if there is a change in the student's services or monitoring related to the student's mental, emotional, or physical health or well-being. The procedures may not prohibit parents from accessing any of their student's education and health records created, maintained, or used by the school district.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04055I.htm
House Bill 4961	Requires school districts or school to notify parents if an employee discovers information indicating a student is considering identifying as a sex other than that assigned at birth	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04961I.htm
Senate Bill 8	Requires the board of trustees to provide information about parental rights and options, including the right to withhold consent for or exempt the parent's child from certain activities and instruction, including instructional materials and library, and instruction about health, sexual orientation, and gender identity. Prohibits public elementary or secondary schools from infringing on the rights granted to parents	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00008I.htm
Senate Bill 2199	Physicians can deny abortion inducing drugs, birth control, and emergency contraception	Introduced (2023)	Reproductive Health Care	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB02199I.htm
Senate Bill 2046	Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex education	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB02046I.htm
House Bill 4387	Require content ratings on books for schools that publishers must provide before selling to schools and give examples of categories. Anything with sexuality must be rated "BK-MA" which only people over 17 can read	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04387I.htm
House Bill 4575	Requires continuing education for school counselors on LGBTQIA youth issues	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04575I.htm
House Bill 4534	Prohibits school employees from affirming student's gender identity or "assisting" with their transition. Subject to violation	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04534I.htm
House Bill 4350	Requires education in human trafficking awareness in grades 6-8 and further instruction in 9-12	Introduced (2023)	Abuse, Assault, and Violence Prevention	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04530I.htm
House Bill 4545	Requires the inclusion of the contribution of women, Native/Indigenous americans, African Americams, Latinos, asian americans, pacific islanders, LGBTQIA folks, persons with disabilities, members of persecute religious minorities and other groups to American and Texas history	Introduced (2023)	Racial Equity and Justice	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04545I.htm
House Bill 4603	Requires the creation and maintenance of a document that informs a parent of their rights in education system and have it posted on website	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/pdf/HB04603I.pdf#navpanes=0
House Bill 4624	Prohibits providers from providing gender affirming care to minors	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04624I.htm
Senate Bill 13	Requires school districts to provide written notice about the option to be notified every time their child checks out a book from the library. A parent who elects this option will receive title, genre, author, and return date of book. Requires Texas Library and Archives commission to develop standards for school libraries that will be reviewed by state board of ed which include recommending policies and procedures of library materials "consistent with community values", library materials appropriate for each grade level, and procedure to remove "harmful materials"	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00013I.htm
Senate Bill 1731	States that human sexuality instruction in schools may not include subjects not within current TEKS (aka sexual orientation and gender identity)	Introduced (2023)	Sex Education	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01731I.htm
House Bill 4017	Requires schools to teach sex education and that it must be age appropriate, medically accurate, affirming of sexual orientation and gender identity, STI, consent, healthy relationships, continue to emphasize abstinence as preferred choice, and more. Allows for schools to separate according to sex, encourage parent child communication about sex. Schools must make curriculum materials available online for public inspection. Schools may decide whether or not to distribute condoms, allow for opt out of sex ed	Introduced (2023)	Sex Education	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04017I.htm
House Bill 4116	Requires school districts to post online on district website about "parental rights"	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04116I.htm
House Bill 900	Requires for the development of certain standards for school libraries including the prohibition of books that are rated "sexually explicit" or "harmful" and "vulgar". A school district may not allow for student to access "sexually relevant" books without parental consent. Requires book ratings from vendors/publishers	Introduced (2023)	Sexually Explicit Materials	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00900I.htm
Senate Bill 14	Prohibits a child's health insurance plan from covering gender affirming care, prohibits gender affirming care provision by health professionals	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00014I.htm
House Bill 4252	Prohibits schools from requiring instruction on white supremacist ideologies, including great replacement theory	Introduced (2023)	Racial Equity and Justice	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04252I.htm
House Bill 4200	Requires school districts to hire a non physician mental health professional for every 600 students and provide direct or indirect mental health services to students	Introduced (2023)	Mental Health	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB04200I.htm
House Bill 3883	Establishes difference between the sexes and that there are legitimate reasons to distinguish between the sexes with respect to athletics, locker rooms, restrooms, and other areas	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03883I.htm
Senate Bill 1443	Prohibits a school district's library from stocking a book, magazine, or publication which contains a depiction of pederasty, pedophilia, any type of romantic or sexual attraction between an adult and a minor, masturbation, sadomasochism, bestiality, sodomy, fellatio, any type of romantic or sexual attraction between individuals of the same sex, transvestism, gender dysphoria, transgenderism, sexual intercourse, or a referral to a website or material that contains a depiction or description of a topic listed above. Also bans anyone dressed in drag from performing or reading for minors. Requires schools to release information about what students checked out to their parents.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01443I.htm
House Bill 3614	Allows school districts to employ a chaplain instead of a school counselor to do the duties of a school counselor	Introduced (2023)	Other	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03614I.htm
House Bill 3160	Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex education	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB03160I.htm
House Bill 2868	School district board is permitted to provide mental health education in schools via school based health centers	Introduced (2023)	Mental Health	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02868I.htm
Senate Bill 1101	Allows for schools to permit excused absences for students to attend mental health care appointments	Introduced (2023)	Mental Health	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01101I.htm
House Bill 2659	Prohibits schools from disciplining an employee who refuses to complete LGBTQ Inclusivity in Schools self assessment tool by the CDC or refuses to implement a policy based on this publication	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02659I.htm
Senate Bill 1072	Establishes a local school health advisory council which is composed of members who are appointed by the governing body of schools for charter schools in addition to public schools. Add to the duties of this council, that they recommend policies and procedures in which a school district employee may discuss "matters of human sexuality" with students, having a campus host an extracurricular event related to human sexuality. The board must notify parents of all policies adopted related to this. Besides this a school employee may not discuss human sexuality with students outside class designated for this unless a district has a policy in place for this. Any violation is subject to injunction by the state	Introduced (2023)	Sex Education	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB01072I.htm
House Bill 2538	Removes ability of minors to receive abortion care by judicial bypass procedure under Chapter 33 of the Family Code; further emphasizing and requiring parental consent for abortion only	Introduced (2023)	Reproductive Health Care	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02538I.htm
Senate Bill 981	Requires state board to develop training on parental rights in education and requires a trustee to complete this. Requires the creation of parental rights handbook that explains all their rights and must be made publicly available	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00981I.htm
House Bill 2722	Allows for schools to develop policy on bathroom usage that is based on health and welfare of kids and confidentiality of students, and their privacy and that if school separates bathrooms on anything besides biological sex for them to describe which bathrooms are not assigned by biological sex and for these said bathrooms to have some manner of supervision. Requires if such policy is in place for it to be posted on school district website and inform parents	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02722I.htm
House Concurrent Resolution 46	Urging Congress to do something to protect kids from "harms of social media"	Introduced (2023)	Mental Health	https://capitol.texas.gov/tlodocs/88R/billtext/html/HC00046I.htm
House Bill 2101	Limits human sexuality instruction to grades 5-12 and provides that it cannot occur before that	Introduced (2023)	Sex Education	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02101I.htm
House Bill 2055	Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex education	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02055I.htm
House Bill 2048	Removes the requirement to include that "homosexual conduct is not an acceptable lifestyle or is a criminal offense" in sex education	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB02048I.htm
House Bill 1945	Prohibits a school district from restricting Internet access for students trying to search resources for mental health and suicide prevention especially for LGBTQIA youth, human trafficking, assault prevention, and domestic violence	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01945I.htm
Senate Bill 1752	Establishes civil penalties for assisting a minor with accessing gender affirming care	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01752I.htm
Senate Bill 625	Prohibits gender affirming care and any public funding towards this	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00625I.htm
House Bill 1655	Requires the Texas State Library and Archive Commision + Board of Education to adopt standards for materials in school libraries. It also requires parental consent for access to sexually explicit materials and requires a vendor for school books to establish a rating method for books to be included in school libraries	Introduced (2023)	Sexually Explicit Materials	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01655I.htm
House Bill 1658	Provides parents the right to access records of books checked out by their student from the school library. Requires schools to post on the homepage of the district's or school's website a notice stating that parents are entitled to review the materials in schools.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01658I.htm'
House Bill 1686	Prohibits provision of gender affirming care to minors and prohibits state funding towards it	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01686I.htm
House Bill 1541	Establishes penalty for school employee who doesn't notify parent in change in "mental emotional physical well being", basically if a school employee fails to out a student they can be penalized; potential to restrict YRBS, no SOGI instruction in preschool through 8th grade	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01541I.htm
Senate Bill 394	Any employee of a school district must obtain the written consent of a child's parent before the employee may administer a student well-being questionnaire, health care screening form, or survey	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00394I.htm
Senate Bill 393	Requires a school district to get written parental consent as a condition of a student's participation in a student club that promotes themes of sexuality, gender, or gender identity. Prohibits a school district, open-enrollment charter school, or district or charter school from providing or allowing a third party to provide instruction regarding sexual orientation or gender identity to students enrolled in the district or school. School district employees are prohibited from withholding that a student identifies with a different sex then that which was assigned to them at birth.	Introduced (2023)	Sex Education	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00393I.htm
Senate Bill 419	A school district shall adopt procedures for providing parental access to the catalog of available library materials at each school library in the district and a parent to provide to the district a list of library materials that the parent's student may not be allowed to check out or otherwise access for use outside of the school library.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00419I.htm
House Bill 1155	Before administering a student well-being questionnaire or health screening form to a student enrolled in kindergarten through eighth grade, a school district must provide a copy of the questionnaire or form to the student's parent and obtain the parent's consent to administer the questionnaire or form. Prohibits a school district, open-enrollment charter school, or district or charter school employee to provide or allow a third party to provide instruction regarding sexual orientation or gender identity to students enrolled in kindergarten through eighth grade	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB01155I.htm
Senate Bill 274	Prohibits discrimination on sexual orientation and gender identity or expression (including in schools)	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00274I.htm
House Bill 917	Prohibits school libraries from removing library materials; rather, schools would work with parents, teachers, and administrators to create a list of restricted access library materials. Students would then need written permission from a parent or guardian to access the restricted library materials.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00917I.htm
House Bill 851	established a task force to study the state actions necessary to ensure equality and improve the lives of transgender persons, with particular attention to areas including healthcare, education, housing, and more	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00851I.htm
House Bill 850	prohibits discrimination on sexual orientation and gender identity or expression (public accommodations, state contractors, employer, employment agency, labor organization, training programs, test scores, real estate, etc)	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00850I.htm
Senate Bill 249	Defines gender affirming care as "genital mutilation" and establishes criminal penalties for transporting a minor out of state for gender affirming care	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00249I.htm
House Bill 776	Prohibits physicians from performing abortions or gender affirming treatments to minors	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00776I.htm
Senate Bill 81	Removes criminalization or stigmatization of same sex relationships in Texas Penal Code among other things.	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00081I.htm
House Bill 631	Parental rights bill that would limit health survey data collection, enable forced outing, and no instruction on sexual orientation and gender identity in grades K-5	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00631I.htm
House Bill 319	Rights of conscience for physicians to deny care	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00319I.htm
House Bill 496	Prohibits health insurance coverage for conversion therapy	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00496I.htm
House Bill 98	Allows for school districts to provide on campus mental health services in conjunction with local mental health authority and also provides for Medicaid reimbursement for eligible students.	Introduced (2023)	Mental Health	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00098I.htm
House Bill 338	Requires publishers selling or providing books to schools to assign content ratings for them, as defined by the bill and prohibits certain books with specific content ratings for specific grade levels	Introduced (2023)	Parental rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00338I.htm
Senate Bill 82	Remove criminal penalties for same-sex relationships	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00082I.htm
Senate Bill 23	Prohibits participation in interscholastic sports on team not aligned with biological sex, targeting transgender student athletes	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00023I.htm
Senate Bill 162	Prohibits changing biological sex on a minor's birth certificate	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00162I.htm
Senate Bill 111	Remove criminal penalties for same-sex relationships	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00111I.htm
House Bill 41	Similar to HB 122, prohibits gender affirming care; however, doesn't include a criminal penalty	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00041I.htm
House Bill 97	Removes previously enacted divisive concepts ban and restrictions on teachers	Introduced (2023)	Racial Equity and Justice	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00097I.htm
House Bill 498	Adds that bullying and harassment can also occur on the basis of one perceived identity, such as sexual orientation, gender identity, etc.	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00498I.htm
Senate Bill 113	Allows for school districts to provide on campus mental health services in conjunction with local mental health authority and also provides for Medicaid reimbursement for eligible students.	Introduced (2023)	Mental Health	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00113I.htm
House Bill 122	Prohibits health professionals from providing gender affirming care and creating a criminal offense for doing so. Further, prohibiting professional liability insurance companies from covering damages incurred by said physicians who provide gender affirming care	Introduced (2023)	Sexual Orientation and Gender Identity	https://capitol.texas.gov/tlodocs/88R/billtext/html/HB00122I.htm
Senate Bill 165	Requires parental written consent prior to "social or psychological experiments" measuring attitudes, behavior, knowledge. Requires parental consent prior to showing a child as a part of instruction violence or sexual content.	Introduced (2023)	Parental Rights, Curriculum Transparency, and Book Bans	https://capitol.texas.gov/tlodocs/88R/billtext/html/SB00165I.htm

Youth Sexual Health Data

Young people are more than their health behaviors and outcomes. While data can be a powerful tool to demonstrate the sex education and sexual health care needs of young people, it is important to be mindful that these behaviors and outcomes are impacted by systemic inequities present in our society that affect an individual’s sexual health and well-being. To learn more about Texas’ Youth Risk Behavior Survey (YRBS) results, click here.

Texas School Health Profiles Data

In 2019, the Centers for Disease Control and Prevention (CDC) released the School Health Profiles, which measure school health policies and practices and highlight which health topics were taught in schools across the country. Since the data were collected from self-administered questionnaires completed by schools’ principals and lead health education teachers, the CDC notes that one limitation of the School Health Profiles is bias toward the reporting of more positive policies and practices. In the School Health Profiles, the CDC identifies 20 sexual health education topics as critical for ensuring a young person’s sexual health.

Texas did not participate in the 2016 or 2018 School Health Profiles survey.

(Visit the CDC’s School Health Profiles report for additional information on school health policies and practices.)

***The quality of sex education taught often reflects funding available for sex education programs. To learn more about federal funding streams, click here.

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State Profiles