In a move that has intensified the ongoing debate over transgender rights in Texas, State Representative Tom Oliverson has introduced House Bill 3817 (HB 3817), aiming to establish a new criminal offense termed “gender identity fraud.” Under this proposed legislation, individuals could face state jail felony charges for identifying their biological sex as the opposite of that assigned at birth when interacting with governmental entities or employers. Convictions under this bill would carry penalties of up to two years in prison and fines reaching $10,000.
Legislative Context and Provisions
Filed on March 5, 2025, HB 3817 seeks to amend the Texas Penal Code by adding “gender identity fraud” to the list of fraudulent crimes covered under Subchapter D, which currently includes offenses like deceptive business practices and identity fraud. The bill defines the offense as occurring when a person “identifies the person’s biological sex as the opposite of the biological sex assigned to the person at birth” in communications with government agencies or employers. As the 3,817th bill filed during the current legislative session, HB 3817 currently lacks co-sponsors and has not been scheduled for a committee hearing, indicating it is a low priority in the chamber.
Potential Implications for the Transgender Community
The introduction of HB 3817 has raised significant concerns among transgender individuals and advocacy groups. Critics argue that the bill effectively criminalizes the existence and identity of transgender people, subjecting them to potential legal repercussions for simply living in accordance with their gender identity. The broad language of the bill could encompass routine interactions, such as updating driver’s licenses, applying for jobs, or even casual conversations where one’s gender identity is disclosed. This could lead to heightened fears of discrimination, harassment, and legal consequences within the transgender community.
Legal and Ethical Considerations
Legal experts have raised questions about the constitutionality of HB 3817. The bill’s provisions may conflict with First Amendment protections related to freedom of speech and expression, as well as Fourteenth Amendment guarantees of equal protection under the law. By targeting a specific group based on gender identity, the legislation could be considered discriminatory. Furthermore, the bill’s enforcement could lead to invasive scrutiny of individuals’ personal and medical histories, raising significant privacy concerns.
Broader Legislative Trends in Texas
HB 3817 is part of a broader pattern of legislative efforts in Texas aimed at regulating aspects of gender identity and expression. In recent years, the state has enacted laws restricting transgender individuals’ access to certain medical treatments and participation in sports aligning with their gender identity. For instance, in 2023, Texas passed a law banning gender-affirming care for minors, including puberty blockers and hormone therapies, joining several other states with similar restrictions. Additionally, in 2024, Texas barred transgender residents from changing the sex on their state-issued driver’s licenses and birth certificates to match their gender identity.
Community Response and Advocacy
The introduction of HB 3817 has galvanized advocacy groups and community leaders who view the bill as part of a broader agenda to marginalize transgender individuals. Callie Butcher, founder of Butcher Legal Group, a Dallas law firm advocating for the LGBTQ community, expressed deep concern over the bill, stating, “This is the kind of bill that keeps me up at night. This fits right along with the agenda that we’ve been seeing pushed, for the past several sessions, specifically around policing of people’s gender and how they’re able to identify themselves on documents and in sports leagues.”
Butcher also noted that the bill’s language aligns with rhetoric casting transgender identity as deceptive, a narrative that has been increasingly prevalent in recent years. She highlighted that such characterizations are not only misleading but also harmful, perpetuating stigma and misunderstanding about transgender individuals.
National Context and Similar Initiatives
The proposed legislation in Texas reflects a broader national trend of introducing policies that seek to define gender strictly based on biological sex assigned at birth. Upon taking office, President Donald Trump signed an executive order banning transgender troops from serving in the military. The order, which followed another asserting that the federal government will only recognize two sexes, male and female, used sweeping language to declare that being transgender “conflicts with a soldier’s commitment to an honorable, truthful, and disciplined lifestyle.” The order also asserted that trans identity is “not consistent with the humility and selflessness required of a service member.”
In early 2024, Florida barred transgender residents from changing the sex on their state driver’s licenses, a move that Texas mirrored later that summer. The Florida Department of Highway Safety and Motor Vehicles went one step further, writing in a memo that “misrepresenting one’s gender, understood as sex, on a driver’s license constitutes fraud.”
The Bottom Line
While HB 3817 currently faces slim odds of passing due to its lack of co-sponsors and low prioritization, its introduction is indicative of ongoing efforts to legislate aspects of gender identity. The bill has sparked significant concern among transgender Texans and their allies, who fear that such measures contribute to a climate of discrimination and hostility. As the legislative session progresses, advocacy groups are mobilizing to oppose HB 3817 and similar bills, emphasizing the importance of protecting the rights and dignity of all individuals, regardless of gender identity.
The outcome of HB 3817 will likely have profound implications not only for the legal landscape in Texas but also for the daily lives of transgender individuals who seek to live authentically and without fear of legal repercussions.
For those interested in reviewing the full text of House Bill 3817, it is available on the Texas Legislature’s official website: Texas House Bill 3817 Text
