TFN Explains: House Bill 229

This blog is part of our 89th Legislative Session Recap series. Click here to learn more about how the bills passed this session will affect you & your community.

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

HB 229 mandates a binary definition of sex based solely on reproductive anatomy and bars state documents from recognizing gender identities that differ from sex assigned at birth. The law also restricts intersex Texans from being legally recognized outside the male/female binary and prohibits updates to gender markers on birth certificates and other vital records. HB 229 takes effect September 1, 2025.

HB 229 is a government permission slip to discriminate. It forces a narrow, binary definition of sex into every corner of public life in Texas. It erases transgender and intersex people from legal recognition, bans them from updating basic identity documents, and enshrines a rigid standard that has nothing to do with science or safety. And it does so by weaponizing our legal system against those who simply want to live as who they are.

Aside from the cruelty of forcing individuals to define themselves in a way that is contrary to who they know themselves to be, this bill will create logistical nightmares and safety concerns. Texans whose appearance is perceived not to match the sex on their government documents will be forced to out themselves every time they use those documents, sacrificing their privacy and potentially exposing them to discrimination or even violence.

A similar sex definition law in Montana was deemed unconstitutional by a state judge in February, and Kansas’ law is facing legal challenges from the ACLU. It remains to be seen how HB 229 will be enforced and whether a lawsuit will be filed in Texas. What we do know is that no law can ever erase queer and transgender Texans. Our communities are fierce, our values are rooted in justice, and we will fight every attempt to steal our freedoms.