Texas bill would make identifying as transgender a state jail felony

A Texas state bill could charge transgender people with “gender identity fraud,” making it illegal to identify as trans on official documents and potentially leading to jail time. 

The bill, which was filed last week by Republican state Rep. Tom Oliverson, would make it a state jail felony if a person “knowingly makes a false or misleading verbal or written statement” by identifying their sex assigned at birth incorrectly to a governmental entity or to their employer. State jail felonies in Texas are punishable by up to two years in jail and a fine of up to $10,000.

Oliverson did not immediately return a request for comment. So far, the bill has no other co-sponsors, making it unlikely to pass, the Houston Chronicle reported. However, the bill is among the first of its kind nationally and is an example of how legislation targeting trans people has become more clear in its intent and more extreme in recent years, particularly in Texas. 

Last month, Texas state Rep. Brent Money, a Republican, filed a bill that would make it illegal for a health care provider to treat any patient, including adults, with puberty-suppressing medication, hormone therapy or surgeries if the purpose of the treatment is to affirm the patient’s gender identity. 

Money’s bill is a replica of a law enacted in 2023 that prohibits such treatments for minors. The text of the new bill shows the word “child” struck out and replaced with “person” to apply to adults. The bill would also prohibit medical institutions from receiving public funds if they provide any such treatments.  

Money did not immediately return a request for comment. After filing the bill, he said on X that the measure is intended to expand the law restricting care for minors.

“I want to make it clear that my heart goes out to those struggling with gender dysphoria,” he said, referring to the medical term for the severe emotional distress caused by the misalignment between one’s gender identity and birth sex. “These individuals deserve compassion, support, and real solutions to address their pain — not irreversible procedures that leave them scarred for life. This legislation isn’t about judgment; it’s about accountability.” 

He added that the bill targets doctors and “medical profiteers” who “exploit vulnerable people, pushing costly surgeries and lifetime pharmaceuticals for financial gain rather than offering genuine care.”

However, most, if not all, major medical associations in the U.S. — including the American Medical Association, the American Academy of Pediatrics and the American Psychological Association — support transition-related care for both minors and adults, and oppose restrictions on it. 

Multiple studies have found that access to transition-related care, including surgeries for adults, improves mental health outcomes. Last year, the National Center for Transgender Equality, which is now called Advocates for Trans Equality, released the largest nationwide survey of the trans community, with more than 90,000 respondents, and found that 94% reported that they were at least a little more satisfied with their lives. 

Texas has provided a blueprint over the last decade for states that have sought to restrict trans rights, becoming in 2017 one of the first states, alongside North Carolina, to consider a “bathroom bill,” which would’ve barred trans people from using the restrooms that align with their gender identities. 

The bill didn’t pass, but the state has enacted other measures targeting trans people. In March 2022, after failing to pass a bill restricting transition-related care for minors, the state’s attorney general issued a legal opinion that resulted in the Texas Department of Family and Protective Services opening child abuse investigations into parents who were suspected of having provided such care to their minor children.

The state went on to pass a transition-related care restriction, and it has also enacted a measure barring trans student athletes from playing on school sports teams that align with their gender identities, among others. Additionally, the state recently announced that an executive order signed by President Donald Trump bars it from allowing trans people to update the gender marker on their Texas birth certificates, state IDs and driver’s licenses. 

So far this year, Texas lawmakers have introduced nearly 170 state bills targeting LGBTQ people, according to Equality Texas, a state LGBTQ advocacy group. These include a new bathroom bill supported by a majority of the Texas House.