Signed by Governor Greg Abbott

Vote Smart's Synopsis:

Vote to concur with House amendments and pass a bill that limits the use of restrooms in certain public buildings in Texas based on sex at birth.

Highlights:

• Defines “multiple-occupancy private space” as a facility intended for simultaneous use by more than one individual who may be in a state of undress, including a restroom, locker room, changing room, or shower (Sec. 2).

• Defines “single-occupancy private space” as a facility intended for use by one individual who may be in a state of undress, including single-toilet restrooms and sleeping quarters (Sec. 2).

• Requires political subdivisions to designate each multiple-occupancy private space in a building it owns or operates for use by individuals of only one sex (Sec. 2).

• Prohibits political subdivisions from providing accommodations that would allow an individual to use a multiple-occupancy private space designated for individuals of the opposite sex (Sec. 2).

• Authorizes individuals to enter a multiple-occupancy private space designated for the opposite sex for the following purposes (Sec. 2):

• Custodial purposes;

• Maintenance or inspection;

• To render medical or other emergency assistance;

• To accompany and assist an individual who needs assistance in using the facility;

• Law enforcement purposes;

• To render assistance necessary in preventing a serious threat; or

• In the case of a child age nine or under, to be accompanied by a care-taker.

• Requires the Texas Department of Criminal Justice to ensure inmates are housed in a correctional facility, including a dormitory or cellblock, according to their sex (Sec. 2).

• Prohibits a family violence shelter designed specifically for female victims from providing services to any individual other than one whose sex is female, or their children (Sec. 2).

• Establishes civil penalties for violations of this chapter of $25,000 for the first violation, and $125,000 for the second or subsequent violation (Sec. 2).

• Specifies that each day of a continuing violation constitutes a separate violation (Sec. 2).

• Authorizes any resident of the state to file a complaint with the attorney general for a violation of this chapter, and requires the attorney general to investigate the claim prior to legal action (Sec. 2).

• Specifies that an entity found in violation of this chapter has 15 days from the ruling of violation to remedy it prior to the start of civil penalty (Sec. 2).

• Specifies that the state has sovereign immunity, a political subdivision has governmental immunity, and an officer, employee, or agent has official immunity in any action that challenges the validity or constitutionality of this chapter (Sec. 2).

• Specifies that this Act takes effect 91 days after the end of the legislative session (Sec. 6).

Full Bill Text

Vote Smart's Synopsis:

Vote to amend and pass a bill that limits the use of restrooms in certain public buildings in Texas based on sex at birth.

Highlights:

• Defines “multiple-occupancy private space” as a facility intended for simultaneous use by more than one individual who may be in a state of undress, including a restroom, locker room, changing room, or shower (Sec. 2).

• Defines “single-occupancy private space” as a facility intended for use by one individual who may be in a state of undress, including single-toilet restrooms and sleeping quarters (Sec. 2).

• Requires political subdivisions to designate each multiple-occupancy private space in a building it owns or operates for use by individuals of only one sex (Sec. 2).

• Prohibits political subdivisions from providing accommodations that would allow an individual to use a multiple-occupancy private space designated for individuals of the opposite sex (Sec. 2).

• Authorizes individuals to enter a multiple-occupancy private space designated for the opposite sex for the following purposes (Sec. 2):

• Custodial purposes;

• Maintenance or inspection;

• To render medical or other emergency assistance;

• To accompany and assist an individual who needs assistance in using the facility;

• Law enforcement purposes;

• To render assistance necessary in preventing a serious threat; or

• In the case of a child age nine or under, to be accompanied by a care-taker.

• Requires the Texas Department of Criminal Justice to ensure inmates are housed in a correctional facility, including a dormitory or cellblock, according to their sex (Sec. 2).

• Prohibits a family violence shelter designed specifically for female victims from providing services to any individual other than one whose sex is female, or their children (Sec. 2).

• Establishes civil penalties for violations of this chapter of $25,000 for the first violation, and $125,000 for the second or subsequent violation (Sec. 2).

• Specifies that each day of a continuing violation constitutes a separate violation (Sec. 2).

• Authorizes any resident of the state to file a complaint with the attorney general for a violation of this chapter, and requires the attorney general to investigate the claim prior to legal action (Sec. 2).

• Specifies that an entity found in violation of this chapter has 15 days from the ruling of violation to remedy it prior to the start of civil penalty (Sec. 2).

• Specifies that the state has sovereign immunity, a political subdivision has governmental immunity, and an officer, employee, or agent has official immunity in any action that challenges the validity or constitutionality of this chapter (Sec. 2).

• Specifies that this Act takes effect 91 days after the end of the legislative session (Sec. 6).

Full Bill Text