Texas Gov. Abbott signed HB100, defining "sex" in ride-hailing nondiscrimination law to exclude gender identity

On May 29, 2017, Texas Gov. Greg Abbott signed HB100, a statewide regulatory framework for transportation network companies (TNCs) such as Uber and Lyft that preempted local TNC ordinances. The bill, authored by state Rep. Chris Paddie, required TNCs to adopt a driver nondiscrimination policy covering passengers' location, destination, race, color, national origin, religious belief or affiliation, sex, disability, and age. During House floor debate, Rep. Tony Tinderholt, joined by Rep. Briscoe Cain, successfully amended that policy to add: "For the purposes of Subsection (a), 'sex' means the physical condition of being male or female" -- enacted into the statute at Section 2402.112(b) of the Occupations Code.

Contemporaneous Texas Tribune reporting tied the amendment directly to the same legislative session's fight over a "bathroom bill" restricting transgender restroom access, and quoted Democratic lawmakers objecting that it was "a way to exclude a certain group." A Senate committee substitute briefly stripped the amendment, but the committee withdrew that substitute and reinstated the House version with the "sex" definition intact before Senate passage. The bill took effect immediately upon signing.