Education, Higher - As enacted, prohibits males from participating in public higher education sports that are designated for females. - Amends TCA Title 49.
Companion bill has been assigned Public Chapter Number 1005 by the Secretary of State.
  • Bill History
  • Amendments
  • Video
  • Summary
  • Fiscal Note
  • Votes
  • Actions For HB2316Date
    Comp. became Pub. Ch. 100505/09/2022
    Comp. SB subst.04/25/2022
    Sponsor(s) Added.04/25/2022
    H. Placed on Regular Calendar for 4/25/202204/20/2022
    Sponsor(s) Added.04/19/2022
    Placed on cal. Calendar & Rules Committee for 4/20/202204/19/2022
    Rec. for pass; ref to Calendar & Rules Committee04/19/2022
    Sponsor(s) Added.04/14/2022
    Placed on cal. Finance, Ways, and Means Committee for 4/19/202204/14/2022
    Placed on cal. Finance, Ways, and Means Committee for 4/19/202204/13/2022
    Sponsor(s) Added.04/13/2022
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee04/13/2022
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/13/202204/06/2022
    Action Def. in s/c Finance, Ways, and Means Subcommittee to 4/13/202204/06/2022
    Sponsor(s) Added.04/04/2022
    Placed on s/c cal Finance, Ways, and Means Subcommittee for 4/6/202203/30/2022
    Assigned to s/c Finance, Ways, and Means Subcommittee03/30/2022
    Rec. for pass; ref to Finance, Ways, and Means Committee03/30/2022
    Placed on cal. Civil Justice Committee for 3/30/202203/23/2022
    Rec. for pass. if am., ref. to Civil Justice Committee03/16/2022
    Placed on cal. Education Administration for 3/16/202203/09/2022
    Rec for pass if am by s/c ref. to Education Administration03/08/2022
    Placed on s/c cal Higher Education Subcommittee for 3/8/202203/02/2022
    Action Def. in s/c Higher Education Subcommittee to 3/8/202203/01/2022
    Placed on s/c cal Higher Education Subcommittee for 3/1/202202/23/2022
    Assigned to s/c Higher Education Subcommittee02/14/2022
    P2C, ref. to Education Administration -- Civil Justice Committee02/03/2022
    Intro., P1C.02/02/2022
    Filed for introduction02/01/2022
    Actions For SB2153Date
    Effective date(s) 07/01/202205/09/2022
    Pub. Ch. 100505/09/2022
    Signed by Governor.05/06/2022
    Transmitted to Governor for action.05/02/2022
    Signed by H. Speaker05/02/2022
    Signed by Senate Speaker04/28/2022
    Enrolled and ready for signatures04/27/2022
    Passed H., Ayes 70, Nays 14, PNV 204/25/2022
    Am. withdrawn. (Amendment 1 - HA0722)04/25/2022
    Subst. for comp. HB.04/25/2022
    Rcvd. from S., held on H. desk.04/14/2022
    Sponsor(s) Added.04/12/2022
    Engrossed; ready for transmission to House04/11/2022
    Passed Senate as amended, Ayes 27, Nays 404/11/2022
    Senate adopted Amendment (Amendment 1 - SA0810)04/11/2022
    Placed on Senate Regular Calendar for 4/11/202204/07/2022
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 003/30/2022
    Placed on Senate Education Committee calendar for 3/30/202203/29/2022
    Action deferred in Senate Education Committee to 3/30/202203/29/2022
    Placed on Senate Education Committee calendar for 3/29/202203/23/2022
    Action deferred in Senate Education Committee to 3/30/202203/23/2022
    Placed on Senate Education Committee calendar for 3/23/202203/16/2022
    Action deferred in Senate Education Committee to 3/23/202203/16/2022
    Placed on Senate Education Committee calendar for 3/16/202203/09/2022
    Passed on Second Consideration, refer to Senate Education Committee02/03/2022
    Introduced, Passed on First Consideration02/02/2022
    Filed for introduction01/31/2022
  • AmendmentsFiscal Memos
    HA0722Amendment 1-0 to HB2316Fiscal Memo for HA0722 (14924)  
    AmendmentsFiscal Memos
    SA0810Amendment 1-1 to SB2153Fiscal Memo for SA0810 (14924)  

    NOTE: Each fiscal memorandum applies only to the amendment(s) identified in the memorandum. The fiscal memorandum must be matched to any amendments that have been adopted.

  • Videos containing keyword: HB2316

  • Fiscal Summary

    Other Fiscal Impact – Legal action taken against a state or local government may result in civil penalties, fines, and other remedies. However, due to multiple unknown variables a precise fiscal impact, if any, to state and local government cannot be precisely determined. The proposed legislation may jeopardize federal funding if found in violation of federal law. 


    Bill Summary

    This bill prohibits males from participating in certain intercollegiate and intramural sports that are designated for females, and creates a cause of action for certain violations regarding gender and sports at the middle school, high school, or postsecondary level.

    MIDDLE SCHOOL AND HIGH SCHOOL SPORTS

    Present law provides that a student's gender for purposes of participating in public middle school or high school sports must be determined by the student's sex at the time of the student's birth, as indicated on the student's original birth certificate.

    Under this bill, if a public school or public charter school violates a policy adopted to enforce the above provision and the violation deprives a student of an athletic opportunity or causes direct or indirect harm to the student, then the student or the student's parents, if the student is a minor, will have a private cause of action for injunctive relief, damages, and other relief, plus costs and attorney fees.

    POSTSECONDARY SCHOOL SPORTS

    This bill prohibits students of the male sex from participating in intercollegiate or intramural sports that are designated for females and that are sponsored, sanctioned, or operated by a public institution of higher education or by a private institution of higher education whose students compete against public institutions. For purposes of this provision, an institution of higher education must rely upon the sex listed on the student's original birth certificate issued at or near the time of birth.

    Under this bill, if an institution of higher education violates the above provision and the violation deprives a student of an athletic opportunity or causes direct or indirect harm to the student, then the student will have a private cause of action for injunctive relief, damages, and other relief, plus costs and including attorney fees.

    This bill prohibits a government entity, licensing or accrediting organization, or an athletic organization from taking adverse action against an institution of higher education for maintaining separate intercollegiate or intramural athletic teams for students of the female sex; or retaliating against a student who reports a violation of this bill.

    This bill requires each institution of higher education to adopt and enforce a policy to ensure compliance with the provisions of this bill that are applicable to intercollegiate and college intramural sports.

    ON APRIL 11, 2022, THE SENATE ADOPTED AMENDMENT #1 AND PASSED SENATE BILL 2153, AS AMENDED.

    AMENDMENT #1 deletes the private cause of action on behalf of a student who is denied an athletic opportunity or suffers harm resulting from an institution of higher education allowing males to participate in female athletic teams or sports in violation of this bill.

  • FiscalNote for HB2316/SB2153 filed under SB2153

  • House Floor and Committee Votes

    House moved to substitute and conform to SB2153

    SB2153 by Hensley - FLOOR VOTE: REGULAR CALENDAR PASSAGE ON THIRD CONSIDERATION 4/25/2022
    Passed
              Ayes...............................................70
              Noes...............................................14
              Present and not voting...................2

              Representatives voting aye were: Alexander, Baum, Boyd, Bricken, Byrd, Calfee, Campbell S, Carr, Carringer, Casada, Cepicky, Cochran, Crawford, Darby, Doggett, Faison, Farmer, Gant, Garrett, Griffey, Grills, Hall, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Hodges, Holsclaw, Howell, Hulsey, Hurt, Jernigan, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin, Moody, Moon, Ogles, Parkinson, Powers, Ragan, Reedy, Rudd, Rudder, Russell, Sexton J, Shaw, Sherrell, Sparks, Terry, Todd, Vaughan, Vital, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 70.
              Representatives voting no were: Beck, Camper, Clemmons, Dixie, Hakeem, Harris, Johnson G, Love, Miller, Mitchell, Powell, Stewart, Thompson, Towns -- 14.
              Representatives present and not voting were: Mannis, McKenzie -- 2.

    SB2153 by Hensley - FLOOR VOTE: REGULAR CALENDAR PREVIOUS QUESTION PASSAGE ON THIRD CONSIDERATION 4/25/2022
    Passed
              Ayes...............................................66
              Noes...............................................21
              Present and not voting...................1

              Representatives voting aye were: Alexander, Baum, Boyd, Bricken, Byrd, Calfee, Campbell S, Carr, Carringer, Casada, Cepicky, Cochran, Crawford, Curcio, Darby, Doggett, Faison, Farmer, Gant, Garrett, Griffey, Hall, Hawk, Hazlewood, Helton, Hicks G, Hicks T, Holsclaw, Howell, Hulsey, Hurt, Johnson C, Keisling, Kumar, Lafferty, Lamberth, Leatherwood, Littleton, Lynn, Marsh, Martin, Moody, Moon, Ogles, Powers, Ragan, Reedy, Rudd, Rudder, Russell, Sexton J, Shaw, Sparks, Terry, Todd, Vaughan, Vital, Warner, Weaver, White, Whitson, Williams, Windle, Wright, Zachary, Mr. Speaker Sexton C -- 66.
              Representatives voting no were: Beck, Camper, Chism, Clemmons, Cooper, Dixie, Freeman, Grills, Hakeem, Hardaway, Jernigan, Johnson G, Love, McKenzie, Miller, Mitchell, Parkinson, Powell, Stewart, Thompson, Towns -- 21.
              Representatives present and not voting were: Mannis -- 1.

              HB2316 by Ragan - HOUSE CALENDAR & RULES COMMITTEE:
    H. Placed on Regular Calendar for 4/25/2022 4/20/2022
              Voice Vote - Ayes Prevail

              HB2316 by Ragan - HOUSE FINANCE, WAYS, AND MEANS COMMITTEE:
    Rec. for pass; ref to Calendar & Rules Committee 4/19/2022
              Voice Vote - Ayes Prevail Rep(s). Camper, Freeman requested to be recorded as voting No

              HB2316 by Ragan - HOUSE FINANCE, WAYS, AND MEANS SUBCOMMITTEE:
    Rec. for pass by s/c ref. to Finance, Ways, and Means Committee 4/13/2022
              Voice Vote - Ayes Prevail Rep(s). Freeman requested to be recorded as voting No

              HB2316 by Ragan - HOUSE CIVIL JUSTICE COMMITTEE:
    Rec. for pass; ref to Finance, Ways, and Means Committee 3/30/2022
              Voice Vote - Ayes Prevail

              HB2316 by Ragan - HOUSE EDUCATION ADMINISTRATION COMMITTEE:
    Rec. for pass. if am., ref. to Civil Justice Committee 3/16/2022
              Voice Vote - Ayes Prevail Rep(s). Clemmons, Hakeem requested to be recorded as voting No

              HB2316 by Ragan - HOUSE HIGHER EDUCATION SUBCOMMITTEE:
    Rec for pass if am by s/c ref. to Education Administration 3/8/2022
              Voice Vote - Ayes Prevail

    Senate Floor and Committee Votes

    SB2153 by Hensley - FLOOR VOTE: as Amended Third Consideration 4/11/2022
    Passed
              Ayes...............................................27
              Noes................................................4

              Senators voting aye were: Bailey, Bell, Bowling, Briggs, Crowe, Gardenhire, Haile, Hensley, Jackson, Johnson, Kelsey, Lundberg, Massey, Niceley, Pody, Powers, Reeves, Roberts, Rose, Southerland, Stevens, Swann, Walley, Watson, White, Yager, Mr. Speaker McNally -- 27.
              Senators voting no were: Akbari, Campbell, Gilmore, Yarbro -- 4.

    SB2153 by Hensley - SENATE EDUCATION COMMITTEE:
    Recommended for passage with amendment/s, refer to Senate Calendar Committee Ayes 8, Nays 1 PNV 0 3/30/2022
    Passed
              Ayes................................................8
              Noes................................................1

              Senators voting aye were: Bell, Crowe, Haile, Hensley, Kelsey, Lundberg, Powers, White -- 8.
              Senators voting no were: Akbari -- 1.