Bill Text: TX HB170 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to single-occupancy bathroom and changing facilities in public buildings; authorizing a civil penalty.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2017-07-20 - Referred to State Affairs [HB170 Detail]

Download: Texas-2017-HB170-Introduced.html
  85S10121 LED-D
 
  By: Dutton H.B. No. 170
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to single-occupancy bathroom and changing facilities in
  public buildings; authorizing a civil penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Chapter 341, Health and Safety Code, is amended
  by adding Sections 341.071 and 341.0711 to read as follows:
         Sec. 341.071.  BATHROOM AND CHANGING FACILITIES. (a) In
  this section:
               (1)  "Public building" means a building used or to be
  used for purposes that provide for public access or occupancy,
  including a building owned or controlled by this state or a
  political subdivision of this state.
               (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.
         (b)  A person with control over bathrooms and changing
  facilities in a public building shall ensure that each bathroom and
  changing facility located in the public building is a
  gender-neutral, single-occupancy bathroom or changing facility.
         (c)  Subsection (b) does not apply to:
               (1)  a federal building or other building exempt from
  the requirements of that subsection by the application of other
  law; or
               (2)  a public building constructed before January 1,
  2018.
         Sec. 341.0711.  BATHROOM AND CHANGING FACILITIES; CIVIL
  PENALTY. (a) A person who violates Section 341.071 is subject to a
  civil penalty of not less than $500 for each violation.
         (b)  Each day a violation continues or occurs constitutes a
  separate violation for the purposes of assessing a civil penalty
  under this section.
         (c)  In determining the amount of a civil penalty, the court
  hearing the matter shall consider:
               (1)  the person's history of previous violations;
               (2)  the seriousness of the violation;
               (3)  the amount necessary to deter future violations;
               (4)  the demonstrated good faith of the person charged;
  and
               (5)  any other matter as justice may require.
         (d)  The attorney general or the appropriate district or
  county attorney, in the name of the state, may bring an action under
  this section in a district court of Travis County or of a county in
  which the violation occurs.
         (e)  A civil penalty recovered in a suit instituted by a
  local government under this chapter shall be paid to the local
  government.
         (f)  The attorney general or the appropriate district or
  county attorney may recover reasonable expenses, including
  investigative costs, reasonable attorney's fees, witness fees, and
  deposition expenses, incurred in obtaining a civil penalty under
  this section.
         SECTION 2.  Subchapter F, Chapter 341, Health and Safety
  Code, is amended by adding Section 341.093 to read as follows:
         Sec. 341.093.  APPLICABILITY. This subchapter does not
  apply to a violation of Section 341.071.
         SECTION 3.  Sections 341.071 and 341.0711, Health and Safety
  Code, as added by this Act, apply only with respect to the
  construction of a public building commenced on or after January 1,
  2018. Construction of a public building commenced before the
  effective date of this Act is governed by the law applicable to the
  construction immediately before the effective date of this Act.
  For the purposes of this section, construction commenced before
  January 1, 2018, if the application for a building permit under
  which the construction commences was submitted before January 1,
  2018.
         SECTION 4.  This Act takes effect December 1, 2017.
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