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A BILL TO BE ENTITLED
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AN ACT
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relating to general definitions regarding biological sex and the |
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designation and use of certain spaces according to biological sex; |
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authorizing a 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. This Act may be cited as the Definition and |
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Protection of a Woman Act. |
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SECTION 2. The purposes of this Act are to: |
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(1) clarify and reconcile the meanings in state |
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statutory law of sex, male, female, and related terms; and |
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(2) provide protections for women and girls against |
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sexual assault, harassment, violence, and acts of abuse committed |
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by men in restrooms, changing rooms, and sleeping quarters |
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designated for women. |
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SECTION 3. The legislature finds that: |
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(1) in United States v. Virginia, 518 U.S. 515 (1996), |
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citing Ballard v. United States, 329 U.S. 187, 193 (1946), the court |
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recognized: |
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(A) "[p]hysical differences between men and |
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women, however, are enduring: '[T]he two sexes are not fungible; a |
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community made up exclusively of one [sex] is different from a |
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community composed of both'"; and |
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(B) "'[i]nherent differences' between men and |
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women . . . remain cause for celebration, but not for denigration |
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of the members of either sex or for artificial constraints on an |
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individual's opportunity"; |
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(2) the Equal Protection Clause of the Fourteenth |
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Amendment to the United States Constitution allows the legislature |
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to enact facially neutral laws of general applicability; |
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(3) biologically based definitions of sex have been |
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consistently applied since our nation's founding; |
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(4) decades of United States Supreme Court opinions |
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have upheld the argument that biological distinctions between male |
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and female are a matter of scientific fact, and biological sex is an |
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objectively defined category that has obvious, immutable, and |
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distinguishable characteristics; and |
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(5) policies and laws that distinguish between the |
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sexes are subject to intermediate constitutional scrutiny, which |
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forbids unfair discrimination against similarly situated males and |
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females but allows the law to distinguish between the sexes where |
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such distinctions are substantially related to an important |
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government interest. |
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SECTION 4. Section 311.005, Government Code, is amended by |
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adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to |
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read as follows: |
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(14) "Boy" means a child of the male sex. |
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(15) "Father" means a parent of the male sex. |
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(16) "Female" and "woman" mean an individual who has, |
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or would have but for a developmental or genetic anomaly or |
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accident, a reproductive system designed to produce, transport, and |
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provide eggs for fertilization. |
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(17) "Girl" means a child of the female sex. |
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(18) "Male" and "man" mean an individual who has, or |
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would have but for a developmental or genetic anomaly or accident, a |
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reproductive system designed to produce, transport, and provide |
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sperm for fertilization. |
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(19) "Mother" means a parent of the female sex. |
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(20) "Sex" means an individual's biological sex, |
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either male or female, as observed or clinically verified at birth. |
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SECTION 5. Subtitle Z, Title 10, Government Code, is |
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amended by adding Chapter 3001 to read as follows: |
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CHAPTER 3001. GOVERNMENT ACTION REGARDING CERTAIN PRIVATE SPACES |
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Sec. 3001.001. DEFINITIONS. In this chapter: |
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(1) "Changing room" means a room or area in which an |
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individual may be in a state of undress in the presence of another |
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individual. The term includes a locker room or shower room. |
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(2) "Correctional facility" means a facility |
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designated by law for the confinement of an individual arrested |
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for, charged with, or convicted of a criminal offense. The term |
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includes: |
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(A) a confinement facility operated by the Texas |
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Department of Criminal Justice; and |
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(B) a confinement facility operated under |
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contract with any division of the Texas Department of Criminal |
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Justice. |
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(3) "Covered facility" means a correctional facility, |
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family violence center, homeless shelter, juvenile detention |
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center, and public school. |
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(4) "Family violence center" means a family violence |
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nonresidential center or a family violence shelter center, as those |
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terms are defined by Section 51.002, Human Resources Code, that has |
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contracted with the Health and Human Services Commission under |
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Section 51.003, Human Resources Code. |
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(5) "Homeless shelter" means a supervised publicly |
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operated shelter or other facility that is designed to provide |
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temporary living accommodations to homeless individuals. |
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(6) "Juvenile detention center" means a nonsecure |
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correctional facility, secure correctional facility, or secure |
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detention facility, as those terms are defined by Section 51.02, |
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Family Code. |
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(7) "Multi-occupancy private space" means a changing |
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room, a restroom, or sleeping quarters designed or designated for |
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the simultaneous use of more than one individual. |
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(8) "Political subdivision" means a governmental |
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entity of this state, including a county, municipality, special |
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purpose district or authority, and junior college district. |
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(9) "Public school" has the meaning assigned Section |
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61.9811, Education Code. |
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(10) "Restroom" means a room designed for use of a |
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toilet or urinal by one or more individuals. |
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(11) "Single-occupancy private space" means a |
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changing room, a restroom, or sleeping quarters designed or |
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designated for use by only one individual. |
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(12) "Sleeping quarters" means a room that contains a |
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bed and is designed as a space for more than one individual to |
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regularly sleep overnight. |
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(13) "State agency" means a department, commission, |
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board, office, council, authority, or other agency in the |
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executive, legislative, or judicial branch of state government that |
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is created by the constitution or a statute of this state. |
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Sec. 3001.002. REQUIRED DESIGNATION OF MULTI-OCCUPANCY |
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PRIVATE SPACES. (a) The owner or operator of a covered facility |
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shall designate each multi-occupancy private space in the facility |
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for the exclusive use of either females or males. |
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(b) A multi-occupancy private space designated under |
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Subsection (a) for the exclusive use of either females or males may |
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only be used by an individual of the designated sex. |
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(c) The owner or operator of a covered facility shall take |
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reasonable steps to ensure an individual using a multi-occupancy |
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private space designated under Subsection (a) for the exclusive use |
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of either females or males is not observed or disturbed by an |
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individual of the opposite sex. |
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Sec. 3001.003. REQUIREMENTS APPLICABLE TO CERTAIN SPACES IN |
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PUBLIC SCHOOLS. (a) A public school may not require a student to |
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share sleeping quarters with an individual who is of the sex |
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opposite to the student's sex during any school-related event |
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unless: |
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(1) the individual is a member of the student's family, |
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including a parent, guardian, sibling, or grandparent; and |
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(2) the school obtained approval from the student's |
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parent or guardian for the student to share the sleeping quarters |
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with the family member. |
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(b) A public school shall ensure that: |
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(1) a private, separate changing room or space is |
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designated for use by individuals of the same sex in each room or |
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space in which an individual may be in a state of undress in the |
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presence of another individual; and |
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(2) only individuals of the designated sex enter the |
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room or space described by Subdivision (1). |
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Sec. 3001.004. CONSTRUCTION OF CHAPTER. Sections 3001.002 |
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and 3001.003 do not prohibit the owner or operator of a covered |
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facility from: |
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(1) adopting a policy necessary to accommodate an |
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individual with a disability, a young child, or an elderly |
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individual who requires assistance when using a restroom, a |
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changing room, or sleeping quarters; |
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(2) establishing a single-occupancy private space or a |
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family restroom, changing room, or sleeping quarters; or |
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(3) changing the designation under Section 3001.002 of |
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a multi-occupancy private space previously designated for the |
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exclusive use of individuals of the opposite sex. |
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Sec. 3001.005. EXCEPTIONS. A designation or requirement |
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under Section 3001.002 or 3001.003 does not apply to an individual |
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who enters a multi-occupancy private space or space described by |
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Section 3001.002(a): |
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(1) for custodial or maintenance purposes; |
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(2) to render medical assistance; |
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(3) for law enforcement purposes; or |
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(4) to provide services or render assistance during a |
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natural disaster or declared emergency or as necessary to prevent a |
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serious threat to proper order or safety. |
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Sec. 3001.006. PROHIBITED REGULATIONS. A state agency or |
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political subdivision may not adopt or enforce a rule, policy, |
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resolution, ordinance, or other measure that: |
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(1) prohibits any person, including the owner or |
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operator of a covered facility, from designating a private space |
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for the exclusive use of males or females in a location in which |
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biology, safety, or privacy are implicated, including a location |
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designated for use by athletes; or |
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(2) uses language to circumvent the requirements of |
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this chapter or otherwise achieve the same or a substantially |
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similar effect as prohibiting conduct required under this chapter. |
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Sec. 3001.007. PRIVATE CAUSE OF ACTION. A person affected |
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by a covered facility's alleged violation of this chapter may bring |
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a civil action to obtain appropriate: |
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(1) declaratory relief; |
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(2) injunctive relief; |
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(3) compensatory damages; |
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(4) writ of mandamus; and |
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(5) court costs, including reasonable attorney's and |
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witness fees. |
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Sec. 3001.008. CONTRACTOR CAUSE OF ACTION. Any person who |
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contracts with this state or a political subdivision of this state |
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to provide services for a covered facility may bring an action for |
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appropriate relief under Section 3001.007 against the applicable |
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state agency or political subdivision for directing the person to |
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perform an act in violation of this chapter. |
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Sec. 3001.009. RETALIATION PROHIBITED. (a) A covered |
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facility may not take retaliatory or other adverse action against a |
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person for acting to enforce this chapter. |
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(b) A person who is the subject of an adverse action |
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prohibited by Subsection (a) may bring an action against the |
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covered facility for appropriate relief under Section 3001.007. |
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Sec. 3001.010. REBUTTABLE PRESUMPTION FOR ALLEGED |
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VIOLATION. In an action brought against a covered facility by a |
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person for a violation of this chapter in requiring the person to |
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share sleeping quarters with an individual who is of the sex |
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opposite to the person and except as allowed under Section |
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3001.003, it is a rebuttable presumption that the covered |
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facility's requirement of the person to share the sleeping quarters |
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is discriminatory and caused actual harm to the person. |
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Sec. 3001.011. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED. |
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Sovereign and governmental immunity to suit is waived and abolished |
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to the extent of liability created by this chapter. |
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SECTION 6. This Act takes effect September 1, 2025. |