Texas Bill Could Charge Transgender People With 'Fraud,' Leading to Possible Prison Time

A Texas lawmaker filed a bill that would amend the Texas Penal Code to include a new criminal offense: "Gender Identity Fraud." In House Bill 3817, Rep. Tom Oliverson (R-Houston), details that a person could commit gender identity fraud by "identifying the person's biological sex as the opposite of the biological sex assigned to the person at birth."

Those found guilty could face up to two years in prison and a $10,000 fine if the legislative proposal were to become law. LGBTQ community advocates have expressed concern over the possible criminalization of transgender individuals, particularly those who have changed some of their legal documents, but not all.

Texas stopped letting transgender people update the gender on their driver's licenses in 2024. It's unclear whether those who changed their licenses before the ban could face legal trouble under this new bill.

In an interview with Houston-based publication Chron, Callie Butcher, founder of a Dallas law firm that serves LGBTQ individuals, condemned the language being used in the bill, claiming it is in line with Republican efforts to "police people's gender and how they're able to identify themselves."

Sadie Hernandez, a spokesperson for the Transgender Education Network of Texas, told the news outlet that while the transgender community is "facing threats at all levels of government," HB 3817 is unlikely to make it out of both legislative chambers and into the governor's desk due to its "low priority" status.

As of Sunday evening, HB 3817 was just getting started in the legislative process, sitting at Stage 1 of seven. For it to become law, it has a long road ahead. First, a House committee has to review and approve it. Then, it moves to the full House chamber for a vote. If it passes there, it goes through the same process in the Senate—first a committee, then the full Texas Senate. If it clears all those hurdles, the final step is getting Texas Governor Greg Abbott's signature.

Since the bill has no co-sponsors and hasn't been assigned to a committee yet, political observers predict it might just get overlooked. With more than 3,000 other proposals already in the mix—many of them considered top priorities—this one could easily get lost in the shuffle.

Top Republicans across the country, especially in Texas, successfully used anti-LGBTQ messaging in their 2024 campaigns, with most of their focus targeting the transgender community.

​Additionally, in his inaugural address, President Donald Trump declared, "As of today, it will henceforth be the official policy of the United States government that there are only two genders: male and female."

Following his speech, President Trump signed Executive Order 14168, titled "Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government," which formalized the recognition of only two genders within federal policy.