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.
Sponsorship: Partisan Bill (Republican 2)
Status: (Introduced - Dead) 2017-08-08 - Referred to State Affairs [HB381 Detail]
Download: Texas-2017-HB381-Introduced.html
| 85S12298 JCG-D | ||
| By: Shaheen | H.B. No. 381 | |
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| 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, [ |
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| 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. | ||
