Bill Text: TX SB8 | 2025 | 89th Legislature 2nd Special Session | Enrolled
Bill Title: Relating to the designation and use of certain spaces and facilities according to sex; authorizing a civil penalty and a private civil right of action.
Sponsorship: Broadly Bipartisan Bill
Status: (Passed) 2025-09-22 - Effective on . . . . . . . . . . . . . . . December 4, 2025 [SB8 Detail]
Download: Texas-2025-SB8-Enrolled.html
| S.B. No. 8 | ||
|
|
||
| relating to the designation and use of certain spaces and | ||
| facilities according to sex; authorizing a civil penalty and a | ||
| private civil right of action. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. This Act may be cited as the Texas Women's | ||
| Privacy Act. | ||
| SECTION 2. Subtitle Z, Title 10, Government Code, is | ||
| amended by adding Chapter 3002 to read as follows: | ||
| CHAPTER 3002. REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND | ||
| FACILITIES ACCORDING TO SEX | ||
| SUBCHAPTER A. GENERAL PROVISIONS | ||
| Sec. 3002.001. DEFINITIONS. In this chapter: | ||
| (1) "Correctional facility" has the meaning assigned | ||
| by Section 1.07, Penal Code. | ||
| (2) "Family violence shelter" means a family violence | ||
| nonresidential center or a family violence shelter center, as those | ||
| terms are defined by Section 51.002, Human Resources Code, that has | ||
| contracted with the Health and Human Services Commission under | ||
| Section 51.003, Human Resources Code. | ||
| (3) "Female" means an individual who naturally has or | ||
| will have, or had or would have but for a congenital anomaly or an | ||
| intentional or unintentional disruption, a reproductive system | ||
| designed to produce, transport, and provide eggs for fertilization. | ||
| (4) "Institution of higher education" has the meaning | ||
| assigned by Section 61.003, Education Code. | ||
| (5) "Male" means an individual who naturally has or | ||
| will have, or had or would have but for a congenital anomaly or an | ||
| intentional or unintentional disruption, a reproductive system | ||
| designed to produce, transport, and utilize sperm for | ||
| fertilization. | ||
| (6) "Multiple-occupancy private space" means a | ||
| facility designed or designated for simultaneous use by more than | ||
| one individual and in which an individual may be in a state of | ||
| undress in the presence of another individual, regardless of | ||
| whether the facility provides curtains or partial walls for | ||
| privacy. The term includes a restroom, locker room, changing room, | ||
| or shower room. | ||
| (7) "Political subdivision" means a governmental | ||
| entity of this state, including a county, municipality, special | ||
| purpose district or authority, school district, open-enrollment | ||
| charter school, or junior college district. The term does not | ||
| include a state agency. | ||
| (8) "Sex" means an individual's biological sex, either | ||
| male or female. | ||
| (9) "Single-occupancy private space" means a facility | ||
| designed or designated for use by only one individual at a time and | ||
| in which the individual may be in a state of undress. The term | ||
| includes: | ||
| (A) a single toilet restroom with a locking door | ||
| that is designed or designated as unisex or for use based on sex; | ||
| and | ||
| (B) sleeping quarters designed or designated for | ||
| use by one individual. | ||
| (10) "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. | ||
| Sec. 3002.002. CONSTRUCTION OF CHAPTER. This chapter may | ||
| not be construed to prevent a litigant from asserting the | ||
| invalidity or unconstitutionality of a provision or application of | ||
| this chapter as a defense to liability in an action, claim, or | ||
| counterclaim brought under this chapter. | ||
| SUBCHAPTER B. DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES | ||
| ACCORDING TO SEX | ||
| Sec. 3002.051. DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE | ||
| SPACES. (a) A political subdivision or state agency shall | ||
| designate each multiple-occupancy private space in a building the | ||
| political subdivision or state agency owns, operates, or controls | ||
| for use only by individuals of one sex. | ||
| (b) A political subdivision or state agency shall take every | ||
| reasonable step to ensure an individual whose sex is opposite to the | ||
| sex designated for a multiple-occupancy private space under | ||
| Subsection (a) does not enter the private space. | ||
| Sec. 3002.052. ACCOMMODATIONS. (a) Section 3002.051 does | ||
| not prohibit a political subdivision or state agency from: | ||
| (1) adopting a policy necessary to accommodate an | ||
| individual with a disability, a young child, or an elderly | ||
| individual who requires assistance when using a multiple-occupancy | ||
| private space; | ||
| (2) establishing a single-occupancy private space, | ||
| family restroom, or changing room; or | ||
| (3) changing the designation of a multiple-occupancy | ||
| private space from the use designated under Section 3002.051 to | ||
| exclusive use by individuals of the sex opposite to the previously | ||
| designated sex. | ||
| (b) A political subdivision or state agency is prohibited | ||
| from providing an accommodation under Subsection (a) that allows an | ||
| individual to use a multiple-occupancy private space designated for | ||
| the exclusive use of individuals of the sex opposite to the | ||
| individual's sex. | ||
| Sec. 3002.053. EXCEPTIONS. A designation of a | ||
| multiple-occupancy private space under Section 3002.051 does not | ||
| apply to: | ||
| (1) an individual entering a multiple-occupancy | ||
| private space designated for the exclusive use of individuals of | ||
| the sex opposite to the individual's sex: | ||
| (A) for a custodial purpose; | ||
| (B) for a maintenance or inspection purpose; | ||
| (C) to render medical or other emergency | ||
| assistance; | ||
| (D) to accompany and provide assistance to an | ||
| individual who needs assistance in using the facility; | ||
| (E) for a law enforcement purpose; or | ||
| (F) to render assistance necessary in preventing | ||
| a serious threat to proper order or safety; or | ||
| (2) a child who is: | ||
| (A) nine years of age or younger entering a | ||
| multiple-occupancy private space designated for the exclusive use | ||
| of individuals of the sex opposite to the child's sex; and | ||
| (B) accompanied by an individual caring for the | ||
| child. | ||
| Sec. 3002.054. HOUSING OF INMATES ACCORDING TO SEX. (a) | ||
| The Texas Department of Criminal Justice shall ensure inmates are | ||
| housed in a correctional facility, including a dormitory or | ||
| cellblock of a correctional facility, according to the inmate's | ||
| sex. | ||
| (b) The Texas Board of Criminal Justice shall adopt rules to | ||
| implement this section, including rules ensuring this section is | ||
| implemented in compliance with state and federal law. | ||
| Sec. 3002.055. PROHIBITED SERVICES AT CERTAIN FAMILY | ||
| VIOLENCE SHELTERS. A family violence shelter designed specifically | ||
| to provide services to female victims of family violence may only | ||
| provide services to: | ||
| (1) an individual whose sex is female; and | ||
| (2) an individual who is 17 years of age or younger and | ||
| is the child of an individual described by Subdivision (1) who is | ||
| receiving services at the shelter. | ||
| SUBCHAPTER C. ENFORCEMENT | ||
| Sec. 3002.101. CIVIL PENALTY. (a) A political subdivision | ||
| or state agency that violates this chapter is liable for a civil | ||
| penalty of: | ||
| (1) $25,000 for the first violation; and | ||
| (2) $125,000 for the second or a subsequent violation. | ||
| (b) Each day of a continuing violation of this chapter | ||
| constitutes a separate violation. | ||
| Sec. 3002.102. COMPLAINT; NOTICE. (a) A resident of this | ||
| state may file a complaint with the attorney general against a | ||
| political subdivision or state agency for a violation of this | ||
| chapter only if: | ||
| (1) the resident provides the political subdivision or | ||
| state agency a written notice describing the violation; and | ||
| (2) the political subdivision or state agency does not | ||
| cure the violation before the end of the third business day after | ||
| the date the written notice is received. | ||
| (b) A complaint filed under this section must include: | ||
| (1) a copy of the written notice; and | ||
| (2) the resident's sworn statement or affidavit | ||
| describing the violation and indicating the resident provided the | ||
| notice required by this section. | ||
| Sec. 3002.103. DUTIES OF ATTORNEY GENERAL: INVESTIGATION | ||
| AND NOTICE. (a) Before bringing an action against a political | ||
| subdivision or state agency for a violation of this chapter, the | ||
| attorney general shall investigate a complaint filed under Section | ||
| 3002.102 to determine whether legal action is warranted. | ||
| (b) The political subdivision or state agency subject to 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 on whether the political subdivision | ||
| or state agency has complied or intends to comply with this chapter. | ||
| (c) If the attorney general determines legal action is | ||
| warranted, the attorney general shall provide to the appropriate | ||
| officer of the political subdivision or state agency charged with | ||
| the violation a written notice: | ||
| (1) describing the violation and location of the | ||
| multiple-occupancy private space found to be in violation; | ||
| (2) stating the amount of the proposed penalty for the | ||
| violation; and | ||
| (3) requiring the political subdivision or state | ||
| agency to cure the violation on or before the 15th day after the | ||
| date the notice is received to avoid the penalty, unless a court | ||
| previously found the political subdivision or state agency liable | ||
| for a violation of this chapter. | ||
| Sec. 3002.104. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a) | ||
| If, after receipt of notice under Section 3002.103(c), the | ||
| political subdivision or state agency has not cured the violation | ||
| on or before the 15th day after the date the notice is received or | ||
| was previously found liable by a court for a violation of this | ||
| chapter, the attorney general may bring an action to collect the | ||
| civil penalty authorized under Section 3002.101. | ||
| (b) In addition to bringing an action under Subsection (a), | ||
| the attorney general may also file a petition for a writ of mandamus | ||
| or apply for other appropriate equitable relief. | ||
| (c) An action under this section may be brought or filed in a | ||
| district court in the county in which the principal office of the | ||
| political subdivision or state agency 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 J, Chapter 56B, | ||
| Code of Criminal Procedure. | ||
| (f) Notwithstanding any other law, the Fifteenth Court of | ||
| Appeals has exclusive jurisdiction over any appeal arising out of a | ||
| civil action brought under this section. | ||
| Sec. 3002.105. PRIVATE CIVIL CAUSE OF ACTION. (a) A person | ||
| affected by a political subdivision's or state agency's violation | ||
| of this chapter may bring a civil action and is entitled to obtain: | ||
| (1) declaratory relief; | ||
| (2) injunctive relief; and | ||
| (3) court costs, including reasonable attorney's and | ||
| witness fees. | ||
| (b) Notwithstanding any other law, the Fifteenth Court of | ||
| Appeals has exclusive jurisdiction over any appeal arising out of a | ||
| civil action brought under this section. | ||
| Sec. 3002.106. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL | ||
| IMMUNITY. (a) Notwithstanding any other law except as provided by | ||
| Subsection (b), this state has sovereign immunity, a political | ||
| subdivision has governmental immunity, and an officer, employee, or | ||
| agent of this state or a political subdivision has official | ||
| immunity in an action, claim, counterclaim, or any type of legal or | ||
| equitable action that: | ||
| (1) challenges the validity of any provision or | ||
| application of this chapter, on constitutional grounds or | ||
| otherwise; or | ||
| (2) seeks to prevent or enjoin this state, a political | ||
| subdivision, or an officer, employee, or agent of this state or a | ||
| political subdivision from: | ||
| (A) enforcing any provision or application of | ||
| this chapter; or | ||
| (B) hearing, adjudicating, or docketing an | ||
| action brought under Section 3002.104 or 3002.105 for a violation | ||
| of this chapter. | ||
| (b) Subsection (a) does not apply if: | ||
| (1) immunity has been abrogated or preempted by | ||
| federal law in a manner consistent with the United States | ||
| Constitution; or | ||
| (2) sovereign immunity of this state and governmental | ||
| immunity of a political subdivision to suit and from liability have | ||
| been waived in accordance with this chapter. | ||
| Sec. 3002.107. APPLICABILITY OF IMMUNITY. Notwithstanding | ||
| any other law, the immunities described by Section 3002.106 apply | ||
| in every state and federal court and in every type of adjudicative | ||
| proceeding. | ||
| Sec. 3002.108. WAIVER OF IMMUNITY. (a) Notwithstanding | ||
| any other law, a provision of state law may not be construed to | ||
| waive or abrogate an immunity described by Section 3002.106 unless | ||
| the provision expressly waives or abrogates the immunity with | ||
| specific reference to this section. | ||
| (b) Notwithstanding any other law, an attorney representing | ||
| this state, a political subdivision, or an officer, employee, or | ||
| agent of this state or a political subdivision may not waive an | ||
| immunity described by Section 3002.106 or take an action that would | ||
| result in a waiver of that immunity. A purported waiver or action | ||
| prohibited under this subsection is considered void and an ultra | ||
| vires act. | ||
| Sec. 3002.109. JURISDICTION. (a) Notwithstanding any | ||
| other law, including Chapter 37, Civil Practice and Remedies Code, | ||
| and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and | ||
| 24.011 of this code, a court of this state does not have | ||
| jurisdiction to consider and may not award declaratory or | ||
| injunctive relief, or any type of writ, including a writ of | ||
| prohibition, that would: | ||
| (1) pronounce any provision or application of this | ||
| chapter invalid or unconstitutional; or | ||
| (2) restrain this state, a political subdivision, an | ||
| officer, employee, or agent of this state or a political | ||
| subdivision, or any other person from: | ||
| (A) enforcing any provision or application of | ||
| this chapter; or | ||
| (B) hearing, adjudicating, docketing, or filing | ||
| a civil action brought under this chapter. | ||
| (b) Notwithstanding any other law, including Chapter 26, | ||
| Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil | ||
| Procedure, a court may not certify a claimant class or a defendant | ||
| class in a civil action that seeks relief described by this section. | ||
| SECTION 3. Chapter 30, Civil Practice and Remedies Code, is | ||
| amended by adding Section 30.024 to read as follows: | ||
| Sec. 30.024. FEE SHIFTING. (a) Notwithstanding any other | ||
| law, a person, including an entity, attorney, or law firm, who seeks | ||
| declaratory or injunctive relief to prevent this state, a political | ||
| subdivision of this state, a governmental entity, a public | ||
| official, or any other person in this state from bringing an action | ||
| to enforce a statute, ordinance, rule, regulation, or other law | ||
| that regulates access to certain spaces based on an individual's | ||
| sex in any state or federal court, or who represents a litigant | ||
| seeking such relief in any state or federal court, is jointly and | ||
| severally liable to pay the costs and reasonable attorney's fees of | ||
| the prevailing party, including the costs and reasonable attorney's | ||
| fees the prevailing party incurs in the party's efforts to recover | ||
| costs and fees. | ||
| (b) For purposes of this section, a party is considered a | ||
| prevailing party if a state or federal court: | ||
| (1) dismisses any claim or cause of action brought | ||
| against the party that seeks the declaratory or injunctive relief | ||
| described by Subsection (a), regardless of the reason for the | ||
| dismissal; or | ||
| (2) enters judgment in the party's favor on any such | ||
| claim or cause of action. | ||
| (c) A prevailing party may recover costs and reasonable | ||
| attorney's fees under this section only to the extent those costs | ||
| and attorney's fees were incurred while defending claims or causes | ||
| of action on which the party prevailed. | ||
| SECTION 4. Chapter 3002, Government Code, as added by this | ||
| Act, applies only to a cause of action that accrues on or after the | ||
| effective date of this Act. | ||
| SECTION 5. If any provision of this Act or its application | ||
| to any person or circumstance is held invalid, the invalidity does | ||
| not affect other provisions or applications of this Act that can be | ||
| given effect without the invalid provision or application, and to | ||
| this end the provisions and applications of this Act are declared to | ||
| be severable. | ||
| SECTION 6. This Act takes effect on the 91st day after the | ||
| last day of the legislative session. | ||
| ______________________________ | ______________________________ | |
| President of the Senate | Speaker of the House | |
| I hereby certify that S.B. No. 8 passed the Senate | ||
| on August 19, 2025, by the following vote: Yeas 19, Nays 11; and | ||
| that the Senate concurred in House amendment on September 3, 2025, | ||
| by the following vote: Yeas 18, Nays 8. | ||
| ______________________________ | ||
| Secretary of the Senate | ||
| I hereby certify that S.B. No. 8 passed the House, with | ||
| amendment, on August 28, 2025, by the following vote: Yeas 86, | ||
| Nays 45, one present not voting. | ||
| ______________________________ | ||
| Chief Clerk of the House | ||
| Approved: | ||
| ______________________________ | ||
| Date | ||
| ______________________________ | ||
| Governor | ||
