| |
| |
|
|
A BILL TO BE ENTITLED
|
|
|
AN ACT
|
|
|
relating to regulations and policies for entering or using a |
|
|
bathroom or changing facility in a public school. |
|
|
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|
|
SECTION 1. Chapter 38, Education Code, is amended by adding |
|
|
Subchapter I to read as follows: |
|
|
SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND |
|
|
CHANGING FACILITIES |
|
|
Sec. 38.451. DEFINITIONS. In this subchapter: |
|
|
(1) "Multiple-occupancy bathroom or changing |
|
|
facility" means a facility designed or designated for use by more |
|
|
than one person at a time, where a person may be in a state of |
|
|
undress in the presence of another person, regardless of whether |
|
|
the facility provides curtains or partial walls for privacy. The |
|
|
term includes a restroom, locker room, changing room, or shower |
|
|
room. |
|
|
(2) "Single-occupancy bathroom or changing facility" |
|
|
means a facility designed or designated for use by only one person |
|
|
at a time, where a person may be in a state of undress, including a |
|
|
single toilet restroom with a locking door that is designed or |
|
|
designated as unisex or for use based on biological sex. |
|
|
Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For |
|
|
purposes of this subchapter, a person's biological sex is the |
|
|
biological sex correctly stated on the person's official birth |
|
|
certificate as described by Subsection (b). |
|
|
(b) A statement of a person's biological sex on the person's |
|
|
official birth certificate is considered to have correctly stated |
|
|
the person's biological sex only if the statement was: |
|
|
(1) entered at or near the time of the person's birth; |
|
|
or |
|
|
(2) modified to correct a scrivener or clerical error |
|
|
in the person's biological sex. |
|
|
Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR |
|
|
CHANGING FACILITY. A school district or open-enrollment charter |
|
|
school shall require that each multiple-occupancy bathroom or |
|
|
changing facility accessible to students and located in a school or |
|
|
school facility be designated for and used only by persons based on |
|
|
the person's biological sex. |
|
|
Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This |
|
|
subchapter does not prohibit a school district or open-enrollment |
|
|
charter school from providing an accommodation, including a |
|
|
single-occupancy bathroom or changing facility or the controlled |
|
|
use of a faculty bathroom or changing facility, on request due to |
|
|
special circumstances. |
|
|
(b) A school district or open-enrollment charter school may |
|
|
not provide an accommodation that allows a person to use a |
|
|
multiple-occupancy bathroom or changing facility accessible to |
|
|
students that is designated for the biological sex opposite to the |
|
|
person's biological sex. |
|
|
Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private |
|
|
entity that leases or contracts to use a building owned or leased by |
|
|
a school district or open-enrollment charter school is not subject |
|
|
to Section 38.453. |
|
|
(b) A school district or open-enrollment charter school may |
|
|
not require a private entity described by Subsection (a) to adopt, |
|
|
or prohibit the private entity from adopting, a policy on the |
|
|
designation or use of bathrooms or changing facilities located in |
|
|
the building. |
|
|
Sec. 38.456. EXCEPTIONS. A designation of a |
|
|
multiple-occupancy bathroom or changing facility under Section |
|
|
38.453 does not apply to a person entering a multiple-occupancy |
|
|
bathroom or changing facility designated for the biological sex |
|
|
opposite to the person's biological sex: |
|
|
(1) for a custodial purpose; |
|
|
(2) for a maintenance or inspection purpose; |
|
|
(3) to render medical or other emergency assistance; |
|
|
(4) to accompany a student needing assistance in using |
|
|
the facility, if the assisting person is: |
|
|
(A) an employee or authorized volunteer of the |
|
|
school district or open-enrollment charter school; or |
|
|
(B) the student's parent, guardian, conservator, |
|
|
or authorized caregiver; |
|
|
(5) to accompany a person other than a student needing |
|
|
assistance in using the facility; or |
|
|
(6) to receive assistance in using the facility. |
|
|
Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED. |
|
|
In awarding a contract for the purchase of goods or services, a |
|
|
school district or open-enrollment charter school may not consider |
|
|
whether a private entity competing for the contract has adopted a |
|
|
policy relating to the designation or use of the entity's bathrooms |
|
|
or changing facilities. |
|
|
SECTION 2. This Act takes effect September 1, 2023. |