Texas Senate Passes Bill Defining Gender Based on Biological Sex, Governor Set to Sign

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The Texas Senate has passed a bill that would formally define gender across state law as either male or female based on biological reproductive organs. The new legislation, which could pose additional challenges for transgender and intersex Texans, will require state records to reflect the sex individuals were assigned at birth.

Governor Greg Abbott (R) is expected to sign the bill into law, with his spokesperson Andrew Mahaleris confirming to The Hill on Wednesday that the governor intends to approve the measure.

“The State of Texas recognizes only two sexes—male and female,” Mahaleris said. “Governor Abbott looks forward to reaffirming this universal truth and signing HB 229 into law.”

Supporters of the bill argue it is consistent with Abbott’s directive earlier this year, which reaffirmed that Texas government recognizes only two sexes—male and female—following an executive order from President Trump that emphasized biological sex as the only recognized category by the federal government.

In his directive to state agencies, Abbott instructed that all state policies, employment practices, and agency rules must comply with the legal understanding of two sexes, male and female, based on biological factors.

The newly passed bill, known as the “Women’s Bill of Rights,” specifically defines sex as “an individual’s biological sex, either male or female.” It further clarifies that a woman is defined as “an individual whose biological reproductive system is developed to produce ova” and a man as “someone whose reproductive system is developed to fertilize the ova of a female.” The bill also defines “mother” as “a parent of the female sex.”

Critics, however, argue that the bill oversimplifies the complex concepts of sex, gender, and individual identity. State Senator José Menéndez (D) raised concerns during debate, stating that forcing non-binary Texans into rigid categories could result in discrimination.

“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,” Menéndez said.

Bill sponsor, State Senator Mayes Middleton (R), defended the legislation, stating it would help preserve spaces designated for women, such as restrooms and prisons, based on “biological reality.” Middleton emphasized that the bill does not include criminal or civil penalties.

“For our entire history, we never had to define this because common sense dictated we didn’t, but unfortunately, that seems to have changed,” Middleton said.

Governor Abbott has faced criticism in the past for signing laws that limit the rights of LGBTQ individuals. Notably, he approved measures in 2023 and 2021 that prohibited transgender athletes from competing in women’s sports in Texas schools and universities.