85S10798 LED-F

By: Garcia S.B. No. 65

A BILL TO BE ENTITLED

AN ACT

relating to regulations and policies for entering or using a bathroom or changing facility in buildings operated by certain governmental entities and public schools; authorizing a civil penalty.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subtitle A, Title 9, Health and Safety Code, is amended by adding Chapter 769 to read as follows:

CHAPTER 769. GOVERNMENTAL ENTITY AND PUBLIC SCHOOL BATHROOMS AND

CHANGING FACILITIES

Sec. 769.001. DEFINITIONS. In this chapter:

(1) "Gender expression" means the external appearance of an individual's gender identity that is usually expressed through the individual's behavior, clothing, haircut, or voice, regardless of whether the individual's appearance conforms to socially defined behaviors and characteristics typically associated with being either masculine or feminine.

(2) "Gender identity" means an individual's innermost concept, perception, and identification of self as male, female, a blend of both, or neither. Gender identity may be the same as or different from the sex assigned to an individual at birth.

(3) "Open-enrollment charter school" means a school to which a charter is granted under Subchapter D, Chapter 12, Education Code.

(4) "Political subdivision" means a governmental entity of this state other than a state agency or a school district. The term includes a county, municipality, hospital district, special purpose district or authority, and junior college district.

(5) "Public hospital" means a hospital owned, operated, or leased by a governmental entity of this state.

(6) "School district" means any public school district in this state.

(7) "State agency" means a department, commission, board, office, council, authority, or other agency in the executive, legislative, or judicial branch of state government created by the constitution or a statute of this state, including an institution of higher education as defined by Section 61.003, Education Code.

Sec. 769.002. APPLICABILITY. This chapter applies to:

(1) an open-enrollment charter school;

(2) a political subdivision;

(3) a public hospital;

(4) a school district; and

(5) a state agency.

Sec. 769.003. USE OF BATHROOM OR CHANGING FACILITY. An entity listed in Section 769.002 with control over a bathroom or changing facility in a building owned or leased by the entity shall allow a person to use a bathroom or changing facility located in the building consistent with the person's gender identity or gender expression.

Sec. 769.004. CIVIL PENALTY. (a) An entity listed in Section 769.002 that violates this chapter is liable for a civil penalty of:

(1) not less than $1,000 and not more than $1,500 for the first violation; and

(2) not less than $10,000 and not more than $10,500 for the second or a subsequent violation.

(b) Each day of a continuing violation of this chapter constitutes a separate violation.

Sec. 769.005. COMPLAINT; NOTICE. (a) A citizen of this state may file with the attorney general a complaint alleging an entity is in violation of this chapter only if:

(1) the citizen provides the entity a written notice describing the violation; and

(2) the entity does not cure the violation before the end of the third business day after the date of receipt of the written notice.

(b) A complaint filed under this section must include:

(1) a copy of the written notice; and

(2) a signed statement by the citizen describing the violation and indicating the citizen provided the notice required by this section.

Sec. 769.006. DUTIES OF ATTORNEY GENERAL: INVESTIGATION AND NOTICE. (a) Before bringing a suit against an entity for a violation of this chapter, the attorney general shall investigate a complaint filed under Section 769.005 to determine whether legal action is warranted.

(b) If the attorney general determines legal action is warranted, the attorney general shall provide the appropriate officer of the entity charged with the violation a written notice that:

(1) describes the violation and location of the bathroom or changing facility found to be in violation;

(2) states the amount of the proposed penalty for the violation; and

(3) requires the entity to cure the violation on or before the 15th day after the date of receipt of notice to avoid the penalty, unless the entity was found liable by a court for previously violating this chapter.

Sec. 769.007. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a) If, after receipt of notice under Section 769.006(b), the entity has not cured the violation on or before the 15th day after the date the notice is provided as required under Section 769.006(b)(3), the attorney general may sue to collect the civil penalty provided by Section 769.004.

(b) In addition to filing suit under Subsection (a), the attorney general may also file a petition for a writ of mandamus or apply for other appropriate equitable relief.

(c) A suit or petition under this section may be filed in a district court in:

(1) Travis County; or

(2) a county in which the principal office of the entity is located.

(d) The attorney general may recover reasonable expenses incurred in obtaining relief under this section, including court costs, reasonable attorney's fees, investigative costs, witness fees, and deposition costs.

(e) A civil penalty collected by the attorney general under this section shall be deposited to the credit of the compensation to victims of crime fund established under Subchapter B, Chapter 56, Code of Criminal Procedure.

Sec. 769.008. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED. Sovereign and governmental immunity to suit are waived and abolished to the extent of liability created by this chapter.

SECTION 2. This Act takes effect December 1, 2017.