Bill Text: TX SB6 | 2017-2018 | 85th Legislature | Engrossed

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Bill Title: Relating to regulations and policies for entering or using a bathroom or changing facility; authorizing a civil penalty.

Sponsorship: Partisan Bill (Republican 18)

Status: (Engrossed - Dead) 2017-03-16 - Received from the Senate [SB6 Detail]

Download: Texas-2017-SB6-Engrossed.html

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By: Kolkhorst, et al. S.B. No. 6

A BILL TO BE ENTITLED
AN ACT
relating to regulations and policies for entering or using a
bathroom or changing facility; authorizing a civil penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. LEGISLATIVE FINDINGS; PURPOSE. The legislature
finds that:
(1) in an effort to comply with the legislature's duty
under Section 1, Article VII, Texas Constitution, to provide for
the general diffusion of knowledge and an efficient system of
public schools, potentially harmful and distracting environments
should be barred;
(2) the federal government's mandate requiring Texas
public schools to provide students access to restrooms, showers,
and dressing rooms based on an individual student's internal sense
of gender is alarming and could potentially lead to boys and girls
showering together and using the same restroom should such guidance
be followed;
(3) children receiving an education in Texas public
schools and open-enrollment charter schools are entitled to a safe
and secure learning environment, including when using intimate
facilities controlled by a school; and
(4) it is the public policy of this state that
residents have a reasonable expectation of privacy when using
intimate facilities controlled by a school district,
open-enrollment charter school, state agency, or political
subdivision and that protecting the safety, welfare, and well-being
of children in public schools, children in open-enrollment charter
schools, and all Texas residents in intimate facilities controlled
by state agencies or political subdivisions is of the utmost
priority and moral obligation of this state.
SECTION 2. The heading to Chapter 250, Local Government
Code, is amended to read as follows:
CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY [OF
MUNICIPALITIES AND COUNTIES]
SECTION 3. Chapter 250, Local Government Code, is amended
by adding Section 250.008 to read as follows:
Sec. 250.008. REGULATIONS RELATING TO CERTAIN BATHROOM OR
CHANGING FACILITIES PROHIBITED. (a) For the purposes of this
section, "bathroom or changing facility" means a facility where a
person may be in a state of undress, including a restroom, locker
room, changing room, or shower room.
(b) A political subdivision may not adopt or enforce an
order, ordinance, or other measure that relates to the designation
or use of a private entity's bathroom or changing facility or that
requires the entity to adopt, or prohibits the entity from
adopting, a policy on the designation or use of the entity's
bathroom or changing facility.
SECTION 4. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.909 to read as follows:
Sec. 271.909. CONSIDERATION OF CERTAIN POLICIES
PROHIBITED. (a) For the purposes of this section, "bathroom or
changing facility" has the meaning assigned by Section 250.008.
(b) In awarding a contract for the purchase of goods or
services, a political subdivision 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 bathroom or
changing facility.
SECTION 5. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. PUBLIC SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND
CHANGING FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 769.001. DEFINITIONS. In this chapter:
(1) "Biological sex" means the physical condition of
being male or female, which is stated on a person's birth
certificate.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Multiple-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.
(4) "Open-enrollment charter school" means a school
that has been granted a charter under Subchapter D, Chapter 12,
Education Code.
(5) "Political subdivision" means a governmental
entity of this state that is not a state agency and includes a
county, municipality, special purpose district or authority, and
junior college district. The term does not include a school
district.
(6) "School district" means any public school district
in this state.
(7) "Single-occupancy bathroom or changing facility"
means a facility designed or designated for use by only one person
at a time, where a person may be in a state of undress, including a
single toilet restroom with a locking door that is designed or
designated as unisex or for use based on biological sex.
(8) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
an institution of higher education.
SUBCHAPTER B. PUBLIC SCHOOLS
Sec. 769.051. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
CHANGING FACILITY. A school district or open-enrollment charter
school shall require that each multiple-occupancy bathroom or
changing facility accessible to students and located in a school or
school facility be designated for and used only by persons based on
the person's biological sex.
Sec. 769.052. ACCOMMODATIONS AUTHORIZED. This subchapter
does not prohibit a school district or open-enrollment charter
school from providing an accommodation, including a
single-occupancy bathroom or changing facility or the controlled
use of a faculty bathroom or changing facility, on request due to
special circumstances. The school district or open-enrollment
charter school may not provide an accommodation that allows a
person to use a multiple-occupancy bathroom or changing facility
accessible to students that is designated for the biological sex
opposite to the person's biological sex.
Sec. 769.0525. PRIVATE LEASES AND CONTRACTS. A private
entity that leases or contracts to use a building owned or leased by
a school district or open-enrollment charter school is not subject
to Section 769.051. A school district or 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
bathrooms or changing facilities located in the building.
Sec. 769.053. EXCEPTIONS. A designation of a
multiple-occupancy bathroom or changing facility under Section
769.051 does not apply to a person entering a multiple-occupancy
bathroom or changing facility designated for the biological sex
opposite to the person's biological sex:
(1) for a custodial purpose;
(2) for a maintenance or inspection purpose;
(3) to render medical or other emergency assistance;
(4) to accompany a student needing assistance in using
the facility, if the assisting person is:
(A) an employee or authorized volunteer of the
school district or open-enrollment charter school; or
(B) the student's parent, guardian, conservator,
or authorized caregiver;
(5) to accompany a person other than a student needing
assistance in using the facility; or
(6) to receive assistance in using the facility.
Sec. 769.054. CONSIDERATION OF CERTAIN POLICIES
PROHIBITED. In awarding a contract for the purchase of goods or
services, a school district or 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.
SUBCHAPTER C. PUBLIC BUILDINGS
Sec. 769.101. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
CHANGING FACILITY. A political subdivision or state agency with
control over multiple-occupancy bathrooms or changing facilities
in a building owned or leased by this state or the political
subdivision, as applicable, shall require that each
multiple-occupancy bathroom or changing facility located in the
building be designated for and used only by persons of the same
biological sex.
Sec. 769.102. ACCOMMODATIONS AUTHORIZED. This subchapter
does not prohibit a political subdivision or state agency from
providing an accommodation, including a single-occupancy bathroom
or changing facility, on request due to special circumstances. The
political subdivision or state agency may not provide an
accommodation that allows a person to use a multiple-occupancy
bathroom or changing facility designated for the biological sex
opposite to the person's biological sex.
Sec. 769.103. PRIVATE LEASES AND CONTRACTS. A private
entity that leases or contracts to use a building owned or leased by
this state or a political subdivision is not subject to Section
769.101. A state agency or political subdivision may not require
the private entity to adopt, or prohibit the private entity from
adopting, a policy on the designation or use of bathrooms or
changing facilities located in the building.
Sec. 769.104. EXCEPTIONS. A designation of a
multiple-occupancy bathroom or changing facility under Section
769.101 does not apply to:
(1) a person entering a multiple-occupancy bathroom or
changing facility designated for the biological sex opposite to the
person's biological sex:
(A) for a custodial purpose;
(B) for a maintenance or inspection purpose;
(C) to render medical or other emergency
assistance;
(D) to accompany a person needing assistance in
using the facility; or
(E) to receive assistance in using the facility;
or
(2) a child who is:
(A) younger than 10 years of age entering a
multiple-occupancy bathroom or changing facility designated for
the biological sex opposite to the child's biological sex; and
(B) accompanying a person caring for the child.
Sec. 769.105. CONSIDERATION OF CERTAIN POLICIES
PROHIBITED. In awarding a contract for the purchase of goods or
services, a political subdivision or state agency 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.
SUBCHAPTER D. ENFORCEMENT
Sec. 769.151. CIVIL PENALTY. (a) A school district,
open-enrollment charter school, state agency, or political
subdivision that violates this chapter is liable for a civil
penalty of:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $10,000 and not more than $10,500 for
the second or a subsequent violation.
(b) Each day of a continuing violation of this chapter
constitutes a separate violation.
Sec. 769.152. COMPLAINT; NOTICE. (a) A citizen of this
state may file a complaint with the attorney general that a school
district, open-enrollment charter school, state agency, or
political subdivision is in violation of this chapter only if:
(1) the citizen provides the school district,
open-enrollment charter school, state agency, or political
subdivision a written notice that describes the violation; and
(2) the school district, open-enrollment charter
school, state agency, or political subdivision does not cure the
violation before the end of the third business day after the date of
receiving the written notice.
(b) A complaint filed under this section must include:
(1) a copy of the written notice; and
(2) the citizen's sworn statement or affidavit
describing the violation and indicating that the citizen provided
the notice required by this section.
Sec. 769.153. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
AND NOTICE. (a) Before bringing a suit against a school district,
open-enrollment charter school, state agency, or political
subdivision for a violation of this chapter, the attorney general
shall investigate a complaint filed under Section 769.152 to
determine whether legal action is warranted.
(b) The school district, open-enrollment charter school,
state agency, or political subdivision that is the subject of the
complaint shall provide to the attorney general any information the
attorney general requests in connection with the complaint,
including:
(1) supporting documents related to the complaint; and
(2) a statement regarding whether the entity has
complied or intends to comply with this chapter.
(c) If the attorney general determines that legal action is
warranted, the attorney general shall provide the appropriate
officer of the school district, open-enrollment charter school,
state agency, or political subdivision charged with the violation a
written notice that:
(1) describes the violation and location of the
bathroom or changing facility found to be in violation;
(2) states the amount of the proposed penalty for the
violation; and
(3) requires the school district, open-enrollment
charter school, state agency, or political subdivision to cure the
violation on or before the 15th day after the date the notice is
received to avoid the penalty, unless the school district,
open-enrollment charter school, state agency, or political
subdivision was found liable by a court for previously violating
this chapter.
Sec. 769.154. COLLECTION OF CIVIL PENALTY; MANDAMUS.
(a) If, after receipt of notice under Section 769.153(c), the
school district, open-enrollment charter school, state agency, or
political subdivision has not cured the violation on or before the
15th day after the date the notice is provided under Section
769.153(c)(3), the attorney general may sue to collect the civil
penalty provided by Section 769.151.
(b) In addition to filing suit under Subsection (a), the
attorney general may also file a petition for a writ of mandamus or
apply for other appropriate equitable relief.
(c) A suit or petition under this section may be filed in a
district court in:
(1) Travis County; or
(2) a county in which the principal office of the
school district, open-enrollment charter school, state agency, or
political subdivision is located.
(d) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(e) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the compensation to
victims of crime fund established under Subchapter B, Chapter 56,
Code of Criminal Procedure.
Sec. 769.155. NO CAUSE OF ACTION. (a) A school district,
open-enrollment charter school, state agency, or political
subdivision does not have any cause of action related to compliance
with this chapter.
(b) A court of this state does not have jurisdiction over a
cause of action related to compliance with this chapter brought by a
school district, open-enrollment charter school, state agency, or
political subdivision.
(c) On the motion of any party or the court's own motion, a
court shall dismiss a cause of action related to compliance with
this chapter brought by a school district, open-enrollment charter
school, state agency, or political subdivision.
(d) This section does not prohibit a suit or petition by the
attorney general under Section 769.154.
Sec. 769.156. SOVEREIGN IMMUNITY WAIVED. Sovereign
immunity to suit is waived and abolished to the extent of liability
created by this subchapter.
SECTION 6. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person or entity, are severable from each other. If any
application of any provision in this Act to any person, group of
persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other
persons and circumstances shall be severed and may not be affected.
SECTION 7. Section 250.008, Local Government Code, as added
by this Act, applies to an order, ordinance, or other measure
adopted before, on, or after the effective date of this Act.
SECTION 8. Section 271.909, Local Government Code, as added
by this Act, applies only to a contract awarded on or after the
effective date of this Act.
SECTION 9. This Act takes effect September 1, 2017.