Bill Text: TX SB65 | 2017 | 85th Legislature 1st Special Session | Introduced

Texas Senate Bill 65 (Prior Session Legislation)

Introduced

Bill Title: Relating to regulations and policies for entering or using a bathroom or changing facility in buildings operated by certain governmental entities and public schools; authorizing a civil penalty.

Sponsorship: Partisan Bill (Democrat 1)

Status: (Introduced - Dead) 2017-07-18 - Filed [SB65 Detail]

Download: Texas-2017-SB65-Introduced.html

	85S10798 LED-F

	By: Garcia	S.B. No. 65



	A BILL TO BE ENTITLED
	AN ACT
	relating to regulations and policies for entering or using a
	bathroom or changing facility in buildings operated by certain
	governmental entities and public schools; authorizing a civil
	penalty.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
	amended by adding Chapter 769 to read as follows:
	CHAPTER 769. GOVERNMENTAL ENTITY AND PUBLIC SCHOOL BATHROOMS AND
	CHANGING FACILITIES
	Sec. 769.001. DEFINITIONS. In this chapter:
	(1) "Gender expression" means the external appearance
	of an individual's gender identity that is usually expressed
	through the individual's behavior, clothing, haircut, or voice,
	regardless of whether the individual's appearance conforms to
	socially defined behaviors and characteristics typically
	associated with being either masculine or feminine.
	(2) "Gender identity" means an individual's innermost
	concept, perception, and identification of self as male, female, a
	blend of both, or neither. Gender identity may be the same as or
	different from the sex assigned to an individual at birth.
	(3) "Open-enrollment charter school" means a school to
	which a charter is granted under Subchapter D, Chapter 12,
	Education Code.
	(4) "Political subdivision" means a governmental
	entity of this state other than a state agency or a school district.
	The term includes a county, municipality, hospital district,
	special purpose district or authority, and junior college district.
	(5) "Public hospital" means a hospital owned,
	operated, or leased by a governmental entity of this state.
	(6) "School district" means any public school district
	in this state.
	(7) "State agency" means a department, commission,
	board, office, council, authority, or other agency in the
	executive, legislative, or judicial branch of state government
	created by the constitution or a statute of this state, including an
	institution of higher education as defined by Section 61.003,
	Education Code.
	Sec. 769.002. APPLICABILITY. This chapter applies to:
	(1) an open-enrollment charter school;
	(2) a political subdivision;
	(3) a public hospital;
	(4) a school district; and
	(5) a state agency.
	Sec. 769.003. USE OF BATHROOM OR CHANGING FACILITY. An
	entity listed in Section 769.002 with control over a bathroom or
	changing facility in a building owned or leased by the entity shall
	allow a person to use a bathroom or changing facility located in the
	building consistent with the person's gender identity or gender
	expression.
	Sec. 769.004. CIVIL PENALTY. (a) An entity listed in
	Section 769.002 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. 769.005. COMPLAINT; NOTICE. (a) A citizen of this
	state may file with the attorney general a complaint alleging an
	entity is in violation of this chapter only if:
	(1) the citizen provides the entity a written notice
	describing the violation; and
	(2) the entity does not cure the violation before the
	end of the third business day after the date of receipt of 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 the citizen provided the notice required
	by this section.
	Sec. 769.006. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
	AND NOTICE. (a) Before bringing a suit against an entity for a
	violation of this chapter, the attorney general shall investigate a
	complaint filed under Section 769.005 to determine whether legal
	action is warranted.
	(b) If the attorney general determines legal action is
	warranted, the attorney general shall provide the appropriate
	officer of the entity 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 entity to cure the violation on or
	before the 15th day after the date of receipt of notice to avoid the
	penalty, unless the entity was found liable by a court for
	previously violating this chapter.
	Sec. 769.007. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
	If, after receipt of notice under Section 769.006(b), the entity
	has not cured the violation on or before the 15th day after the date
	the notice is provided as required under Section 769.006(b)(3), the
	attorney general may sue to collect the civil penalty provided by
	Section 769.004.
	(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
	entity 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. 769.008. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
	Sovereign and governmental immunity to suit are waived and
	abolished to the extent of liability created by this chapter.
	SECTION 2. This Act takes effect December 1, 2017.