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


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

Spectrum: Partisan Bill (Republican 18-0)

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

Download: Texas-2017-SB6-Engrossed.html
 
 
  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.
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