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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 in a public school; authorizing a |
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civil penalty, authorizing a private civil right of action. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Education Code, is amended by adding |
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Subchapter I to read as follows: |
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SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND CHANGING |
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FACILITIES |
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Sec. 38.451. DEFINITIONS. In this subchapter: |
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(1) "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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(2) "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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Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For |
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purposes of this subchapter, a person's biological sex is the |
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biological sex correctly stated on the person's official birth |
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certificate as described by Subsection (b). |
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(b) A statement of a person's biological sex on the person's |
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official birth certificate is considered to have correctly stated |
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the person's biological sex only if the statement was: |
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(1) entered at or near the time of the person's birth; |
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or |
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(2) modified to correct a scrivener or clerical error |
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in the person's biological sex. |
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Sec. 38.453. 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. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This |
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subchapter does not prohibit a school district or open-enrollment |
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charter 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. |
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(b) A school district or open-enrollment charter school may |
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not provide an accommodation that allows a person to use a |
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multiple-occupancy bathroom or changing facility accessible to |
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students that is designated for the biological sex opposite to the |
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person's biological sex. |
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Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private |
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entity that leases or contracts to use a building owned or leased by |
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a school district or open-enrollment charter school is not subject |
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to Section 38.453. |
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(b) A school district or open-enrollment charter school may |
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not require a private entity described by Subsection (a) to adopt, |
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or prohibit the private entity from adopting, a policy on the |
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designation or use of bathrooms or changing facilities located in |
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the building. |
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Sec. 38.456. EXCEPTIONS. A designation of a |
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multiple-occupancy bathroom or changing facility under Section |
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38.453 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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Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED. |
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In awarding a contract for the purchase of goods or services, a |
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school district or open-enrollment charter school may not consider |
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whether a private entity competing for the contract has adopted a |
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policy relating to the designation or use of the entity's bathrooms |
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or changing facilities. |
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Sec. 38.457. CIVIL LIABILITY. (a) Notwithstanding any |
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other law and except as provided by this section, a district who |
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violates this chapter is strictly and jointly and severally liable |
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for the personal injury of a student or faculty member as a result |
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of a school district or open-enrollment charter school’s policy to |
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allow persons from either biological sex to access the same |
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multiple-occupancy bathroom or changing facility. |
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(b) A claimant may not bring an action under this section if |
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the action is preempted by 47 U.S.C. Section 230(c). |
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(c) A district who violates a student’s right to privacy |
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prescribed by this chapter is liable for a civil penalty in the |
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amount of $100,000 for each violation. Civil penalties assessed |
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under this chapter shall be deposited in the general revenue fund. |
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(d) The attorney general may bring an action to collect the |
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civil penalty imposed under Subsection (a). |
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SECTION 2. This Act takes effect September 1, 2023. |