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
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  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.
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