Bill Text: TX SB3 | 2017 | 85th Legislature 1st Special Session | Engrossed


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

Spectrum: Partisan Bill (Republican 10-0)

Status: (Engrossed) 2017-08-15 - Co-author authorized [SB3 Detail]

Download: Texas-2017-SB3-Engrossed.html
 
 
  By: Kolkhorst, et al. S.B. No. 3
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to the regulation of certain facilities and activities 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.  Chapter 250, Local Government Code, is amended
  by adding Section 250.009 to read as follows:
         Sec. 250.009.  REGULATION OF CERTAIN FACILITIES AND
  ACTIVITIES. (a)  Each multiple-occupancy restroom, shower, and
  changing facility of a political subdivision, including a public
  school district, or an open-enrollment charter school must be
  designated for and used only by persons of the same sex as stated on
  a person's:
               (1)  birth certificate; or
               (2)  driver's license, personal identification
  certificate, or license to carry a handgun, issued to the person by
  the Department of Public Safety of the State of Texas.
         (b)  In an effort to ensure the right of each person to
  participate in athletic activities and have access to restrooms,
  locker rooms, showers, and changing facilities with privacy,
  dignity, and safety, and 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, 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;
               (2)  requires a private entity to adopt, or prohibits
  the entity from adopting, a policy on the designation or use of the
  entity's multiple-occupancy restrooms, showers, or changing
  facilities; or
               (3)  allows a person whose birth certificate states
  their sex as male to participate in athletic activities designated
  for a person whose birth certificate states their sex as female.
         (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 (a).  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.
         (d)  This section 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 this section.
         (e)  This section 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 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.
         (f)  This section does not prohibit a political subdivision,
  including a public school district, or an open-enrollment charter
  school from providing an accommodation, including a
  single-occupancy restroom, shower, or changing facility or the
  controlled use of a faculty restroom, shower, or changing facility,
  on request due to special circumstances.
         SECTION 3.  Subchapter Z, Chapter 2252, Government Code, is
  amended by adding Section 2252.909 to read as follows:
         Sec. 2252.909.  CONSIDERATION OF CERTAIN POLICIES
  PROHIBITED.  In awarding a contract for the purchase of goods or
  services, a political subdivision, including a public school
  district, or an open-enrollment charter school may not consider
  whether a private entity competing for the contract has adopted a
  policy relating to the designation or use of the entity's bathrooms
  or changing facilities.
         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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