85R6551 LED-D
	By: Kolkhorst	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;
	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 [OF
	MUNICIPALITIES AND COUNTIES]
	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.