Transgender kids in Texas can still play on teams that match their gender identity after legislators fail to advance bill before midnight deadline

• Texas' 87th legislative session comes to a close on Sunday, May 31.
• Republican lawmakers tried to advance a bill restricting transgender children from competing on teams that match their gender identity.
• Democratic state legislators quashed the bill on Tuesday night by stalling until the midnight deadline.

Texas Democratic state representatives cheered with transgender flags in hand after the midnight deadline for Senate bills to receive a second reading passed, all but destroying any chance of the anti-transgender youth in sports bill becoming law in this legislative session.

Texas Senate Bill 29 was one of 12 bills that discriminate against trans people that the state legislature proposed in the two-year legislative session and one of many across the nation that aims to prevent trans children from playing on sports teams that correlate with their gender identity.

-Meghan Stabler (@MeghanStabler) May 26, 2021

The failure to hit the midnight deadline was not a mistake. Democrats spent much of Tuesday "chubbing," or procedurally delaying the advancement of the bill via prolonged speeches, questions, and other ways of slowing down House procedure.

"Ding dong the bill is dead," Rep. Erin Zwiener posted on Twitter after being a part of the Democratic faction aimed at stopping the bill.

-Erin Zwiener (@ErinForYall) May 26, 2021

Democrats say the trans athlete bill shouldn't have even made it to the House floor

The state Democratic Party was successful in stopping the legislation from advancing, but the bill only got to the House floor after public education committee leader and Democrat Rep. Harold Dutton revived it in committee. The bill previously failed to pass after Dutton declined to vote, but after one of his own bills was shuttered in committee on a technicality, he brought SB29 back for another committee vote.

"The bill that was killed last night affected far more children than this bill ever will," Dutton said. "So as a consequence, the chair moves that Senate Bill 29 as substituted be reported favorably to the full House with the recommendation that it do pass."

Dutton has since been attacked for the action by his Democratic colleagues and trans activists - The Texas Tribune reported that both groups have accused him of retaliation, a label he denies. He told the outlet that he brings every bill up for a vote in committee if it has the necessary support.

Despite the explanation, Dutton's actions as the public committee head reportedly flustered and frustrated his fellow Democrats who thought having a Democrat leading the committee could prevent deleterious legislation from leaving the committee.

"I thought having a chair that was a Democrat meant that things would be more accelerated and more progressive," Rep. Diego Bernal told the Texas Tribune. "I was wrong."

There are still a few ways for Texas legislators to advance the anti-trans legislation

State Democrats may have successfully halted SB29 in its current form, but the contents of the bill could still end up in another moving bill if drafted as an amendment, though none have been added as of yet.

Texas Lt. Gov. Dan Patrick on Wednesday morning in a tweet asked Gov. Greg Abbott to call a special session, which would bring lawmakers back to Austin to vote on the trans sports bill among other legislation that was postponed on Tuesday night.

-Dan Patrick (@DanPatrick) May 26, 2021

According to the Texas Constitution, the legislature in special sessions can only vote on the specific subjects designated by the governor.

Some Republican governors, such as Kristi Noem of South Dakota and Asa Hutchinson of Arkansas, vetoed bills blocking transgender youth from participating in sports or from receiving gender-affirming health care after condemnation from the NCAA and meetings with trans children. Abbott, however, previously said that he would sign the bill if it came to his desk, though it's unclear whether the topic is pressing enough to him for a special session.

If the governor does not call for a special session or does not include the anti-trans legislation, then the state legislature will need to wait until January 10, 2023, for the beginning of the 88th legislative session.