Bill Text: TX HB381 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the regulation of certain facilities of political subdivisions, including public school districts, and open-enrollment charter schools.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Introduced) 2017-08-08 - Referred to State Affairs [HB381 Detail]

Download: Texas-2017-HB381-Introduced.html
  85S12298 JCG-D
 
  By: Shaheen H.B. No. 381
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain facilities of political
  subdivisions, including public school districts, and
  open-enrollment charter schools.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  The heading to Chapter 250, Local Government
  Code, is amended to read as follows:
  CHAPTER 250.  MISCELLANEOUS REGULATORY AUTHORITY OF
  MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS
         SECTION 2.  Sections 250.001, 250.002, 250.003, 250.004,
  250.005, 250.006, 250.007, and 250.008, Local Government Code, are
  designated as Subchapter A, Chapter 250, Local Government Code, and
  a heading is added to Subchapter A to read as follows:
  SUBCHAPTER A. GENERAL PROVISIONS
         SECTION 3.  Chapter 250, Local Government Code, is amended
  by adding Subchapter B to read as follows:
  SUBCHAPTER B. REGULATION OF CERTAIN FACILITIES
         Sec. 250.051.  DESIGNATION AND USE OF RESTROOMS, SHOWERS,
  AND CHANGING FACILITIES. (a) In this subchapter, "sex" means the
  physical condition of being male or female.
         (b)  Each multiple-occupancy restroom, shower, and changing
  facility of a political subdivision, including a public school
  district, or an open-enrollment charter school shall be designated
  for and used only by persons of the same sex.
         (c)  A private entity that leases or contracts to use a
  building owned or leased by a political subdivision, including a
  public school district, or an open-enrollment charter school is not
  subject to Subsection (b). A political subdivision, including a
  public school district, or an open-enrollment charter school may
  not require the private entity to adopt, or prohibit the private
  entity from adopting, a policy on the designation or use of
  restrooms, showers, or changing facilities located in the building.
         Sec. 250.052.  CERTAIN POLICIES PROHIBITED. A political
  subdivision, including a public school district, or an
  open-enrollment charter school may not adopt or enforce an order,
  ordinance, policy, or other measure that:
               (1)  relates to the designation or use of a
  multiple-occupancy restroom, shower, or changing facility; or
               (2)  requires a private entity to adopt, or prohibits
  the entity from adopting, a policy on the designation or use of the
  entity's restrooms, showers, or changing facilities.
         Sec. 250.053.  EXCEPTIONS. This subchapter does not
  preclude a political subdivision, including a public school
  district, or an open-enrollment charter school from adopting an
  ordinance, order, policy, or other measure regarding the use of a
  multiple-occupancy restroom, shower, or changing facility by a
  person not of the designated sex to:
               (1)  assist in the restroom, shower, or changing
  facility:
                     (A)  a person with a disability;
                     (B)  a child under the age of eight; or
                     (C)  an elderly person;
               (2)  be assisted in the restroom, shower, or changing
  facility, if the person is a person described by Subdivision
  (1)(A), (B), or (C);
               (3)  render medical or other emergency assistance; or
               (4)  maintain the restroom, shower, or changing
  facility when the restroom, shower, or changing facility is not in
  use.
         Sec. 250.054.  ENFORCEMENT. (a) This subchapter may be
  enforced only through an action for mandamus or injunctive relief
  instituted by:
               (1)  the attorney general against a political
  subdivision, including a public school district, or
  open-enrollment charter school that is violating this subchapter;
  or
               (2)  a parent or legal guardian of a child enrolled in a
  public school district or open-enrollment charter school that is
  violating this subchapter against that public school district or
  open-enrollment charter school.
         (b)  The attorney general or parent or legal guardian may
  recover costs and attorney's fees related to enforcing this
  subchapter.
         (c)  Governmental immunity of a political subdivision to
  suit is waived and abolished to the extent of liability created
  under this section.
         SECTION 4.  This Act takes effect immediately if it receives
  a vote of two-thirds of all the members elected to each house, as
  provided by Section 39, Article III, Texas Constitution. If this
  Act does not receive the vote necessary for immediate effect, this
  Act takes effect on the 91st day after the last day of the
  legislative session.
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