Bill Text: TX HB5256 | 2023-2024 | 88th Legislature | Introduced


Bill Title: Relating to a public school policy regarding multi-occupancy bathrooms or changing facilities.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced - Dead) 2023-03-24 - Referred to Public Education [HB5256 Detail]

Download: Texas-2023-HB5256-Introduced.html
  88R9763 CXP-D
 
  By: Toth H.B. No. 5256
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to a public school policy regarding multi-occupancy
  bathrooms or changing facilities.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter A, Chapter 38, Education Code, is
  amended by adding Section 38.044 to read as follows:
         Sec. 38.044.  POLICY REGARDING MULTI-OCCUPANCY BATHROOM OR
  CHANGING FACILITY. (a) In this section, "multi-occupancy bathroom
  or changing facility" means a facility designed or designated for
  use by more than one person at a time, where a person may be in a
  state of undress in the presence of another person, regardless of
  whether the facility provides curtains or partial walls for
  privacy. The term includes a restroom, locker room, changing room,
  or shower room.
         (b)  A school district shall ensure that any policy adopted
  by the district regarding multi-occupancy bathrooms or changing
  facilities protects:
               (1)  the health, safety, and welfare of students;
               (2)  the confidentiality of student educational
  information as required under state and federal law, including the
  Family Educational Rights and Privacy Act of 1974 (20 U.S.C.
  Section 1232g); and
               (3)  the privacy interests of all students and the
  students' parents.
         (c)  If a school district adopts a policy that allows for
  separation of multi-occupancy bathrooms or changing facilities
  according to a criterion other than a person's biological sex
  assigned at birth, the policy must:
               (1)  include:
                     (A)  a description of:
                           (i)  which multi-occupancy bathrooms or
  changing facilities are not separated by biological sex assigned at
  birth; and
                           (ii)  if a multi-occupancy bathroom or
  changing facility is not separated by biological sex assigned at
  birth, the method by which students will be supervised in that
  facility and the manner in which that method of supervision ensures
  the safety and privacy of students; and
                     (B)  accommodations or modifications for students
  who wish to use a multi-occupancy bathroom or changing facility
  separated by biological sex assigned at birth; and
               (2)  be:
                     (A)  posted on the district's Internet website;
  and
                     (B)  provided at the beginning of each school year
  by mail to each parent of a student enrolled in the district.
         (d)  The requirements under Subsection (c) do not apply to a
  faculty bathroom that is not accessible to students.
         SECTION 2.  This Act applies beginning with the 2023-2024
  school year.
         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 September 1, 2023.
feedback