Bill Text: TX HB2801 | 2015-2016 | 84th Legislature | Introduced
Bill Title: Relating to the use of a bathroom, locker room, or shower facility in a public school.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2015-04-15 - No action taken in committee [HB2801 Detail]
Download: Texas-2015-HB2801-Introduced.html
84R13664 KJE-D | ||
By: Peña | H.B. No. 2801 |
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relating to the use of a bathroom, locker room, or shower 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 F to read as follows: | ||
SUBCHAPTER F. BATHROOM, LOCKER ROOM, AND SHOWER FACILITY USE | ||
Sec. 38.251. SEPARATION BASED ON BIOLOGICAL SEX REQUIRED. | ||
A school district shall adopt a policy providing that only persons | ||
of the same biological sex may be present at the same time in any | ||
bathroom, locker room, or shower facility in a building owned by the | ||
district. | ||
Sec. 38.252. ALTERNATE ACCOMMODATIONS FOR CERTAIN | ||
STUDENTS. (a) A school district shall provide reasonable | ||
alternate bathroom, locker room, or shower facility accommodations | ||
to a student if: | ||
(1) the student asserts a gender identity that is | ||
different from the student's biological sex; and | ||
(2) the student's parent or guardian consents in | ||
writing to the provision of alternate accommodations. | ||
(b) A school district must comply with the policy adopted | ||
under Section 38.251 in providing alternate accommodations under | ||
Subsection (a). | ||
(c) This section does not require a school district to | ||
construct, maintain, or modify a bathroom, locker room, or shower | ||
facility to provide any alternate accommodations required under | ||
Subsection (a). | ||
Sec. 38.253. LIABILITY FOR VIOLATION. (a) A school | ||
district is liable to a student who encounters a person not of the | ||
student's biological sex in a bathroom, locker room, or shower | ||
facility that is designated for use by persons of the student's | ||
biological sex if any employee of the district: | ||
(1) knew that the person was not of the same biological | ||
sex for which the bathroom, locker room, or shower facility was | ||
designated; and | ||
(2) permitted the person to enter or failed to take | ||
reasonable steps to prevent the person from entering the bathroom, | ||
locker room, or shower facility. | ||
(b) It is a defense to liability under this section that the | ||
person entered the bathroom, locker room, or shower facility for a | ||
custodial purpose, for the purpose of repairing the facility, to | ||
give medical assistance, or to supervise or assist a student. | ||
(c) A student who prevails in a suit under this section | ||
shall be awarded: | ||
(1) exemplary damages in the amount of $2,000; | ||
(2) actual damages, including damages for mental | ||
anguish even if an injury other than mental anguish is not shown; | ||
(3) court costs; and | ||
(4) reasonable attorney's fees. | ||
(d) The cause of action created by this section is | ||
cumulative of any other remedy provided by common law or statute. | ||
(e) This section does not override the immunity from | ||
personal liability granted in Section 22.0511 or other law. | ||
Sec. 38.254. SINGLE-OCCUPANT FACILITIES NOT PROHIBITED. | ||
This subchapter does not prohibit a school district from | ||
constructing or maintaining a bathroom, locker room, or shower | ||
facility designed for use by only one person at a time or from | ||
modifying existing facilities for that use. | ||
SECTION 2. This Act takes effect September 1, 2015. |