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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain facilities of political |
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subdivisions, including public school districts, and |
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open-enrollment charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 250, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF |
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MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS |
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SECTION 2. Sections 250.001, 250.002, 250.003, 250.004, |
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250.005, 250.006, 250.007, and 250.008, Local Government Code, are |
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designated as Subchapter A, Chapter 250, Local Government Code, and |
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a heading is added to Subchapter A to read as follows: |
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SUBCHAPTER A. GENERAL PROVISIONS |
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SECTION 3. Chapter 250, Local Government Code, is amended |
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by adding Subchapter B to read as follows: |
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SUBCHAPTER B. REGULATION OF CERTAIN FACILITIES |
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Sec. 250.051. DESIGNATION AND USE OF RESTROOMS, SHOWERS, |
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AND CHANGING FACILITIES. (a) In this subchapter, "sex" means the |
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physical condition of being male or female. |
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(b) Each multiple-occupancy restroom, shower, and changing |
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facility of a political subdivision, including a public school |
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district, or an open-enrollment charter school shall be designated |
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for and used only by persons of the same sex. |
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(c) A private entity that leases or contracts to use a |
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building owned or leased by a political subdivision, including a |
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public school district, or an open-enrollment charter school is not |
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subject to Subsection (b). A political subdivision, including a |
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public school district, or an open-enrollment charter school may |
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not require the private entity to adopt, or prohibit the private |
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entity from adopting, a policy on the designation or use of |
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restrooms, showers, or changing facilities located in the building. |
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Sec. 250.052. CERTAIN POLICIES PROHIBITED. A political |
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subdivision, including a public school district, or an |
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open-enrollment charter school may not adopt or enforce an order, |
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ordinance, policy, or other measure that: |
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(1) relates to the designation or use of a |
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multiple-occupancy restroom, shower, or changing facility; or |
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(2) requires a private entity to adopt, or prohibits |
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the entity from adopting, a policy on the designation or use of the |
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entity's restrooms, showers, or changing facilities. |
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Sec. 250.053. EXCEPTIONS. This subchapter does not |
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preclude a political subdivision, including a public school |
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district, or an open-enrollment charter school from adopting an |
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ordinance, order, policy, or other measure regarding the use of a |
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multiple-occupancy restroom, shower, or changing facility by a |
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person not of the designated sex to: |
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(1) assist in the restroom, shower, or changing |
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facility: |
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(A) a person with a disability; |
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(B) a child under the age of eight; or |
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(C) an elderly person; |
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(2) be assisted in the restroom, shower, or changing |
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facility, if the person is a person described by Subdivision |
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(1)(A), (B), or (C); |
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(3) render medical or other emergency assistance; or |
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(4) maintain the restroom, shower, or changing |
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facility when the restroom, shower, or changing facility is not in |
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use. |
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Sec. 250.054. ENFORCEMENT. (a) This subchapter may be |
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enforced only through an action for mandamus or injunctive relief |
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instituted by: |
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(1) the attorney general against a political |
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subdivision, including a public school district, or |
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open-enrollment charter school that is violating this subchapter; |
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or |
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(2) a parent or legal guardian of a child enrolled in a |
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public school district or open-enrollment charter school that is |
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violating this subchapter against that public school district or |
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open-enrollment charter school. |
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(b) The attorney general or parent or legal guardian may |
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recover costs and attorney's fees related to enforcing this |
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subchapter. |
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(c) Governmental immunity of a political subdivision to |
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suit is waived and abolished to the extent of liability created |
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under this section. |
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SECTION 4. 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 on the 91st day after the last day of the |
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legislative session. |