Bill Text: TX HB1015 | 2025-2026 | 89th Legislature | Introduced
Bill Title: Relating to regulations and policies for entering or using a bathroom or changing facility in a public school.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced) 2024-11-12 - Filed [HB1015 Detail]
Download: Texas-2025-HB1015-Introduced.html
By: Toth | H.B. No. 1015 |
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relating to regulations and policies for entering or using a | ||
bathroom or changing facility in a public school. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Chapter 38, Education Code, is amended by adding | ||
Subchapter I to read as follows: | ||
SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND | ||
CHANGING FACILITIES | ||
Sec. 38.451. DEFINITIONS. In this subchapter: | ||
(1) "Multiple-occupancy bathroom or changing | ||
facility" means a facility designed or designated for use by more | ||
than one person at a time, where a person may be in a state of | ||
undress in the presence of another person, regardless of whether | ||
the facility provides curtains or partial walls for privacy. The | ||
term includes a restroom, locker room, changing room, or shower | ||
room. | ||
(2) "Single-occupancy bathroom or changing facility" | ||
means a facility designed or designated for use by only one person | ||
at a time, where a person may be in a state of undress, including a | ||
single toilet restroom with a locking door that is designed or | ||
designated as unisex or for use based on biological sex. | ||
Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For | ||
purposes of this subchapter, a person's biological sex is the | ||
biological sex correctly stated on the person's official birth | ||
certificate as described by Subsection (b). | ||
(b) A statement of a person's biological sex on the person's | ||
official birth certificate is considered to have correctly stated | ||
the person's biological sex only if the statement was: | ||
(1) entered at or near the time of the person's birth; | ||
or | ||
(2) modified to correct a scrivener or clerical error | ||
in the person's biological sex. | ||
Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR | ||
CHANGING FACILITY. A school district or open-enrollment charter | ||
school shall require that each multiple-occupancy bathroom or | ||
changing facility accessible to students and located in a school or | ||
school facility be designated for and used only by persons based on | ||
the person's biological sex. | ||
Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This | ||
subchapter does not prohibit a school district or open-enrollment | ||
charter school from providing an accommodation, including a | ||
single-occupancy bathroom or changing facility or the controlled | ||
use of a faculty bathroom or changing facility, on request due to | ||
special circumstances. | ||
(b) A school district or open-enrollment charter school may | ||
not provide an accommodation that allows a person to use a | ||
multiple-occupancy bathroom or changing facility accessible to | ||
students that is designated for the biological sex opposite to the | ||
person's biological sex. | ||
Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private | ||
entity that leases or contracts to use a building owned or leased by | ||
a school district or open-enrollment charter school is not subject | ||
to Section 38.453. | ||
(b) A school district or open-enrollment charter school may | ||
not require a private entity described by Subsection (a) to adopt, | ||
or prohibit the private entity from adopting, a policy on the | ||
designation or use of bathrooms or changing facilities located in | ||
the building. | ||
Sec. 38.456. EXCEPTIONS. A designation of a multiple- | ||
occupancy bathroom or changing facility under Section 38.453 does | ||
not apply to a person entering a multiple-occupancy bathroom or | ||
changing facility designated for the biological sex opposite to the | ||
person's biological sex: | ||
(1) for a custodial purpose; | ||
(2) for a maintenance or inspection purpose; | ||
(3) to render medical or other emergency assistance; | ||
(4) to accompany a student needing assistance in using | ||
the facility, if the assisting person is: | ||
(A) an employee or authorized volunteer of the | ||
school district or open-enrollment charter school; or | ||
(B) the student's parent, guardian, conservator, | ||
or authorized caregiver; | ||
(5) to accompany a person other than a student needing | ||
assistance in using the facility; or | ||
(6) to receive assistance in using the facility. | ||
Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED. | ||
In awarding a contract for the purchase of goods or services, a | ||
school district or open-enrollment charter school may not consider | ||
whether a private entity competing for the contract has adopted a | ||
policy relating to the designation or use of the entity's bathrooms | ||
or changing facilities. | ||
SECTION 2. This Act takes effect September 1, 2025. |