Trans Texans Could Be Charged With Identity Fraud Under New Proposed Bill

With Republicans holding tight to a trifecta of control in Texas—House, Senate, and Governorship—the number of anti-LGBTQ+ measures floating around the state legislature has ramped up, raising concern for gay advocates in the state. A House Bill put forth Wednesday, March 5, has set off alarm bells over its extremist and dangerous rhetoric.

HB 3817, proposed by Republican Rep. Tom Oliverson, would amend the state’s penal code to charge transgender Texans with “gender identity fraud.” If passed, a person could be charged with a felony for providing a government entity or employer with their preferred gender or pronouns. This charge could carry up to two years in prison or a $10,000 fine.

Although this bill does not have a co-sponsor or any legislative hearings scheduled, it is a sign of a growing issue for states across the country: republican (and democratic) lawmakers are becoming more and more brash with their blatant attacks on LGBTQ+ rights.

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Oliverson, who represents the Houston area—a small blue dot in a sea of red, has successfully targeted trans Texans in the past. In 2023, he sponsored the state’s bill banning gender-affirming care for minors. This bill was signed into law by Gov. Greg Abbott, who has since sued medical providers for allegedly providing the now-illegal, yet lifesaving, care.

The ACLU is tracking 456 anti-LGBTQ+ bills that have been introduced in the U.S. this year alone. In Texas, 59 anti-LGBTQ+ bills are making their way through the state legislature.

House Bill 239, which is co-authored by 75 members of the chamber, has gained bipartisan support in its effort to ban transgender people from bathrooms, locker rooms, and other “private spaces” that do not align with their “biological sex.” This ban would extend to any publicly-funded facility, requiring prisons, domestic violence shelters, and state and county department buildings to separate facilities based on the state’s definition of sex. This bill, if passed, would carry a fine of $5,000 for the first offense and $25,000 for each additional offense.

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Republican Rep. Brent Money recently proposed a bill that would ban gender-affirming care in the state for all ages. House Bill 3399 would amend existing law to extend the state’s ban on hormone therapy and surgery beyond minors, making it illegal for an adult to make decisions about their own medical care. Under this bill, medical providers could face prison time for providing care.

LGBTQ+ advocacy organizations have been preparing for this uptick in anti-trans rhetoric. During Trump’s campaign for president, political ads using transgender rights as a conservative talking point began to pop up everywhere, showcasing how Trump’s administration planned to run the next four years. Groups in Texas are facing these expected affronts to gay rights head-on. Sadie Hernandez, a spokesperson for the Transgender Education Network of Texas, told the Chron that, while some of these pieces of legislation may never pass, it is important to stay vigilant.

“Bills like this are likely to cause distress and anxiety in the trans community, especially now when we are facing threats at all levels of government,” Hernandez said. “We are monitoring all bills relating to trans rights and will keep the community updated with bills that are at the alarming part of the legislative process. We do not want trans and gender-expansive Texans to be exhausted before it’s time to hit the ground running at the Capitol.”