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