Bill Text: TX SB6 | 2017-2018 | 85th Legislature | Introduced
NOTE: There are more recent revisions of this legislation. Read Latest Draft
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 - Dead) 2017-03-16 - Received from the Senate [SB6 Detail]
Download: Texas-2017-SB6-Introduced.html
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 - Dead) 2017-03-16 - Received from the Senate [SB6 Detail]
Download: Texas-2017-SB6-Introduced.html
85R6551 LED-D | ||
By: Kolkhorst | S.B. No. 6 |
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relating to regulations and policies for entering or using a | ||
bathroom or changing facility; authorizing a civil penalty; | ||
increasing criminal penalties. | ||
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 [ |
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SECTION 2. 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 or prohibits the entity from adopting a policy on the | ||
designation or use of the entity's bathroom or changing facility. | ||
SECTION 3. 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 4. 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 adopt a policy requiring each multiple-occupancy | ||
bathroom or changing facility accessible to students that is | ||
located in a school or school facility to 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. 769.053. EXCEPTIONS. A policy adopted 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. | ||
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 develop a policy requiring each | ||
multiple-occupancy bathroom or changing facility located in the | ||
building to 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 a policy | ||
developed under Section 769.101. A state agency or political | ||
subdivision may not require or prohibit a private entity that | ||
leases or contracts to use a building owned or leased by this state | ||
or a political subdivision from adopting a policy on the | ||
designation or use of bathroom or changing facilities located in | ||
the building. | ||
Sec. 769.104. EXCEPTIONS. A policy developed 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 eight 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. | ||
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) a signed statement by the citizen 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) 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(b), 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(b)(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. SOVEREIGN IMMUNITY WAIVED. Sovereign | ||
immunity to suit is waived and abolished to the extent of liability | ||
created by this subchapter. | ||
SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended | ||
by adding Section 12.501 to read as follows: | ||
Sec. 12.501. PENALTY IF OFFENSE COMMITTED ON PREMISES OF | ||
BATHROOM OR CHANGING FACILITY. (a) If it is shown on the trial of | ||
an offense described by Subsection (b) that the offense was | ||
committed on the premises of a bathroom or changing facility: | ||
(1) the punishment for an offense, other than a first | ||
degree felony, is increased to the punishment prescribed for the | ||
next higher category of offense; or | ||
(2) if the offense is a first degree felony, the | ||
minimum term of confinement for the offense is increased to 15 | ||
years. | ||
(b) The increase in punishment authorized by this section | ||
applies only to an offense under: | ||
(1) Section 19.02 (murder); | ||
(2) Section 19.04 (manslaughter); | ||
(3) Section 19.05 (criminally negligent homicide); | ||
(4) Section 20.02 (unlawful restraint); | ||
(5) Section 20.03 (kidnapping); | ||
(6) Section 20.04 (aggravated kidnapping); | ||
(7) Section 21.07 (public lewdness); | ||
(8) Section 21.08 (indecent exposure); | ||
(9) Section 21.11 (indecency with a child); | ||
(10) Section 21.12 (improper relationship between | ||
educator and student); | ||
(11) Section 21.15(b)(1) (invasive visual recording); | ||
(12) Section 21.16, as added by Chapter 676 (H.B. | ||
207), Acts of the 84th Legislature, Regular Session, 2015 | ||
(voyeurism); | ||
(13) Section 22.01 (assault); | ||
(14) Section 22.011 (sexual assault); | ||
(15) Section 22.02 (aggravated assault); | ||
(16) Section 22.021 (aggravated sexual assault); | ||
(17) Section 22.04 (injury to a child, elderly | ||
individual, or disabled individual); | ||
(18) Section 22.041 (abandoning or endangering | ||
child); | ||
(19) Section 22.05 (deadly conduct); | ||
(20) Section 22.07 (terroristic threat); | ||
(21) Section 30.05 (criminal trespass); | ||
(22) Section 42.07 (harassment); | ||
(23) Section 43.02 (prostitution); | ||
(24) Section 43.03 (promotion of prostitution); | ||
(25) Section 43.04 (aggravated promotion of | ||
prostitution); | ||
(26) Section 43.05 (compelling prostitution); | ||
(27) Section 43.22 (obscene display or distribution); | ||
(28) Section 43.23 (obscenity); | ||
(29) Section 43.24 (sale, distribution, or display of | ||
harmful material to minor); | ||
(30) Section 43.25 (sexual performance by a child); | ||
(31) Section 43.26 (possession or promotion of child | ||
pornography); or | ||
(32) Section 43.261 (electronic transmission of | ||
certain visual material depicting minor). | ||
(c) 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. | ||
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. Section 12.501, Penal Code, as added by this Act, | ||
applies only to an offense committed on or after the effective date | ||
of this Act. An offense committed before the effective date of this | ||
Act is governed by the law in effect on the date the offense was | ||
committed, and the former law is continued in effect for that | ||
purpose. For purposes of this section, an offense was committed | ||
before the effective date of this Act if any element of the offense | ||
occurred before that date. | ||
SECTION 10. This Act takes effect September 1, 2017. |