| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to the use of public bathrooms, locker rooms, and shower |
|
|
facilities; creating a criminal offense. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Section 341.061, Health and Safety Code, is |
|
|
amended to read as follows: |
|
|
Sec. 341.061. PUBLIC BATHROOMS, LOCKER ROOMS, SHOWER |
|
|
FACILITIES, AND TOILET ACCOMMODATIONS; CIVIL AND CRIMINAL |
|
|
LIABILITY [FACILITIES]. (a) An operator, manager, or |
|
|
superintendent of a public building, schoolhouse, theater, filling |
|
|
station, tourist court, bus station, or tavern shall provide and |
|
|
maintain sanitary bathrooms, including toilet accommodations. |
|
|
(b) An individual may not enter a public bathroom, locker |
|
|
room, or shower facility that is designated for use by persons of a |
|
|
sex that is not the same sex as the individual's biological sex. A |
|
|
violation of this subsection is a Class B misdemeanor. |
|
|
(c) An individual who violates Subsection (b) is liable to a |
|
|
person who encounters the individual in the public bathroom, locker |
|
|
room, or shower facility. |
|
|
(d) It is a defense to prosecution under Subsection (b) and |
|
|
a defense to liability under Subsection (c) that the individual |
|
|
entered the public bathroom, locker room, or shower facility: |
|
|
(1) for a custodial purpose; |
|
|
(2) for the purpose of repairing the facility; |
|
|
(3) to give medical assistance; or |
|
|
(4) to accompany a child who is of a sex that is not the |
|
|
same sex as the individual's biological sex and who is: |
|
|
(A) a child with special needs; or |
|
|
(B) younger than five years of age. |
|
|
(e) A person who prevails in a suit under Subsection (c) |
|
|
shall be awarded: |
|
|
(1) exemplary damages in the amount of $2,000; |
|
|
(2) actual damages, including damages for mental |
|
|
anguish even if an injury other than mental anguish is not shown; |
|
|
(3) court costs; and |
|
|
(4) reasonable attorney's fees. |
|
|
(f) The cause of action created by this section is |
|
|
cumulative of any other remedy provided by common law or statute. |
|
|
SECTION 2. This Act takes effect September 1, 2015. |