Bill Text: TX HB46 | 2017 | 85th Legislature 1st Special Session | Introduced


Bill Title: Relating to the regulation of discrimination by political subdivisions.

Spectrum: Partisan Bill (Republican 60-0)

Status: (Introduced) 2017-07-20 - Referred to State Affairs [HB46 Detail]

Download: Texas-2017-HB46-Introduced.html
  85S10364 JCG-D
 
  By: Simmons H.B. No. 46
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of discrimination by political
  subdivisions.
         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.  Chapter 250, Local Government Code, is amended
  by adding Section 250.009 to read as follows:
         Sec. 250.009.  CERTAIN REGULATION OF DISCRIMINATION
  PROHIBITED. (a)  Except in accordance with federal law as enacted
  by Congress and interpreted in controlling federal case law and
  state law as enacted by the legislature and interpreted in
  controlling case law of this state, a political subdivision,
  including a public school district, may not adopt or enforce an
  order, ordinance, policy, or other measure to protect a class of
  persons from discrimination to the extent that the order,
  ordinance, policy, or other measure regulates access to
  multiple-occupancy restrooms, showers, or changing facilities.
         (b)  Subsection (a) may be enforced only through an action
  instituted by the attorney general for mandamus or injunctive
  relief.  The attorney general may recover costs and attorney's fees
  related to enforcing Subsection (a).
         SECTION 3.  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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