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A BILL TO BE ENTITLED
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AN ACT
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relating to a public school policy regarding multi-occupancy |
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bathrooms or changing facilities. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.044 to read as follows: |
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Sec. 38.044. POLICY REGARDING MULTI-OCCUPANCY BATHROOM OR |
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CHANGING FACILITY. (a) In this section, "multi-occupancy bathroom |
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or changing facility" means a facility designed or designated for |
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use by more than one person at a time, where a person may be in a |
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state of undress in the presence of another person, regardless of |
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whether the facility provides curtains or partial walls for |
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privacy. The term includes a restroom, locker room, changing room, |
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or shower room. |
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(b) A school district shall ensure that any policy adopted |
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by the district regarding multi-occupancy bathrooms or changing |
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facilities protects: |
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(1) the health, safety, and welfare of students; |
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(2) the confidentiality of student educational |
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information as required under state and federal law, including the |
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Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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Section 1232g); and |
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(3) the privacy interests of all students and the |
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students' parents. |
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(c) If a school district adopts a policy that allows for |
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separation of multi-occupancy bathrooms or changing facilities |
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according to a criterion other than a person's biological sex |
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assigned at birth, the policy must: |
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(1) include: |
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(A) a description of: |
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(i) which multi-occupancy bathrooms or |
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changing facilities are not separated by biological sex assigned at |
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birth; and |
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(ii) if a multi-occupancy bathroom or |
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changing facility is not separated by biological sex assigned at |
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birth, the method by which students will be supervised in that |
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facility and the manner in which that method of supervision ensures |
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the safety and privacy of students; and |
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(B) accommodations or modifications for students |
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who wish to use a multi-occupancy bathroom or changing facility |
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separated by biological sex assigned at birth; and |
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(2) be: |
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(A) posted on the district's Internet website; |
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and |
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(B) provided at the beginning of each school year |
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by mail to each parent of a student enrolled in the district. |
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(d) The requirements under Subsection (c) do not apply to a |
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faculty bathroom that is not accessible to students. |
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SECTION 2. This Act applies beginning with the 2023-2024 |
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school year. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |