89R11998 AND-F
 
  By: Plesa H.B. No. 3769
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the provision of contraception to students at public
  institutions of higher education.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter Z, Chapter 51, Education Code, is
  amended by adding Section 51.9185 to read as follows:
         Sec. 51.9185.  AVAILABILITY OF NON-PRESCRIPTION
  CONTRACEPTION. (a) In this section:
               (1)  "Campus" means an educational unit under the
  management and control of an institution of higher education and
  may include, in addition to the main campus, off-campus and
  secondary locations, such as branch campuses, teaching locations,
  and regional centers.
               (2)  "Institution of higher education" has the meaning
  assigned by Section 61.003.
         (b)  An institution of higher education shall make condoms
  available to students enrolled at the institution free of charge,
  or for purchase through an automated vending machine:
               (1)  in each residence hall on the institution's
  campus, in a location accessible at all times to students residing
  in the residence hall; and
               (2)  in each public women's restroom and public
  all-gender restroom in a residence hall on the institution's
  campus.
         (c)  An institution of higher education may make available to
  students enrolled at the institution any birth control option
  approved by the United States Food and Drug Administration for sale
  over the counter available in addition to the condoms made
  available under Subsection (b).
         SECTION 2.  Section 51.9185, Education Code, as added by
  this Act, applies beginning with the 2025-2026 academic year.
         SECTION 3.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution.  If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect September 1, 2025.