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A BILL TO BE ENTITLED
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AN ACT
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relating to the designation and use of certain spaces and |
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facilities according to biological sex; authorizing a civil penalty |
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and a private 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 Texas Women's |
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Privacy Act. |
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SECTION 2. 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. REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND |
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FACILITIES ACCORDING TO BIOLOGICAL SEX |
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SUBCHAPTER A. GENERAL PROVISIONS |
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Sec. 3001.001. DEFINITIONS. In this chapter: |
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(1) "Biological sex" means the physical condition of |
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being male or female, as determined by an individual's: |
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(A) sex organs, chromosomes, and endogenous |
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profiles; and |
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(B) original birth certificate, if the |
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individual's biological sex is recorded on the birth certificate |
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and the record: |
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(i) was entered at or near the time of |
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birth; and |
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(ii) has not been modified other than a |
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modification to correct a scrivener or clerical error in the |
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recorded biological sex. |
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(2) "Correctional facility" has the meaning assigned |
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by Section 1.07, Penal Code. |
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(3) "Family violence shelter" 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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(4) "Institution of higher education" has the meaning |
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assigned by Section 61.003, Education Code. |
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(5) "Multiple-occupancy private space" means a |
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facility designed or designated for the simultaneous use by more |
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than one individual and in which an individual may be in a state of |
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undress in the presence of another individual, regardless of |
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whether the facility provides curtains or partial walls for |
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privacy. The term includes a restroom, locker room, changing room, |
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or shower room. |
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(6) "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, school district, open-enrollment |
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charter school, or junior college district. The term does not |
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include a state agency. |
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(7) "Single-occupancy private space" means a facility |
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designed or designated for use by only one individual at a time and |
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in which an individual may be in a state of undress. The term |
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includes: |
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(A) a single toilet restroom with a locking door |
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that is designed or designated as unisex or for use based on |
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biological sex; and |
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(B) sleeping quarters designed or designated for |
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use by one individual. |
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(8) "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, including |
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an institution of higher education. |
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Sec. 3001.002. CONSTRUCTION OF CHAPTER. This chapter may |
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not be construed to prevent a litigant from asserting the |
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invalidity or unconstitutionality of a provision or application of |
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this chapter as a defense to liability in an action, claim, or |
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counterclaim brought under this chapter. |
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SUBCHAPTER B. DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES |
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ACCORDING TO BIOLOGICAL SEX |
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Sec. 3001.051. DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE |
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SPACES. (a) A political subdivision or state agency shall ensure |
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each multiple-occupancy private space in a building the political |
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subdivision or state agency owns, operates, or controls is |
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designated for and used only by individuals of the same biological |
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sex. |
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(b) A political subdivision or state agency shall take every |
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reasonable step to ensure an individual whose biological sex is |
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opposite to the biological sex designated for a multiple-occupancy |
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private space under Subsection (a) does not enter the private |
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space. |
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Sec. 3001.052. ACCOMMODATIONS. (a) Section 3001.051 does |
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not prohibit a political subdivision or state agency 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 multiple-occupancy |
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private space; |
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(2) establishing a single-occupancy private space, |
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family restroom, or changing room; or |
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(3) changing the designation of a multiple-occupancy |
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private space from the use designated under Section 3001.051 to |
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exclusive use by individuals of the biological sex opposite to the |
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previously designated biological sex. |
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(b) A political subdivision or state agency may not provide |
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an accommodation under Subsection (a) that allows an individual to |
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use a multiple-occupancy private space designated for the exclusive |
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use of individuals of the biological sex opposite to the |
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individual's biological sex. |
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Sec. 3001.053. EXCEPTIONS. A designation of a |
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multiple-occupancy private space under Section 3001.051 does not |
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apply to: |
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(1) an individual entering a multiple-occupancy |
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private space designated for the exclusive use of individuals of |
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the biological sex opposite to the individual's biological sex: |
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(A) for a custodial purpose; |
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(B) for a maintenance or inspection purpose; |
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(C) to render medical or other emergency |
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assistance; or |
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(D) to accompany an individual who needs |
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assistance in using the facility and provide assistance; or |
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(2) a child who is: |
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(A) nine years of age or younger entering a |
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multiple-occupancy private space designated for the exclusive use |
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of individuals of the biological sex opposite to the child's |
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biological sex; and |
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(B) accompanied by an individual caring for the |
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child. |
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Sec. 3001.054. HOUSING OF INMATES ACCORDING TO BIOLOGICAL |
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SEX. (a) The Texas Department of Criminal Justice shall ensure |
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inmates are housed in a correctional facility, including a |
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dormitory or cellblock of a correctional facility, according to the |
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inmate's biological sex. |
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(b) The Texas Board of Criminal Justice may adopt rules to |
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implement this section, including rules ensuring this section is |
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implemented in compliance with state and federal law. |
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Sec. 3001.055. PROHIBITED SERVICES AT CERTAIN FAMILY |
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VIOLENCE SHELTERS. A family violence shelter designed specifically |
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to provide services to female victims of family violence may only |
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provide services to: |
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(1) an individual whose biological sex is female; and |
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(2) an individual who is 17 years of age or younger and |
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is the child of an individual described by Subdivision (1). |
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SUBCHAPTER C. ENFORCEMENT |
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Sec. 3001.101. CIVIL PENALTY. (a) A political subdivision |
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or state agency that violates this chapter is liable for a civil |
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penalty of: |
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(1) $5,000 for the first violation; and |
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(2) $25,000 for the second or a subsequent violation. |
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(b) Each day of a continuing violation of this chapter |
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constitutes a separate violation. |
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Sec. 3001.102. COMPLAINT; NOTICE. (a) A resident of this |
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state may file a complaint with the attorney general against a |
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political subdivision or state agency for a violation of this |
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chapter only if: |
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(1) the resident provides the political subdivision or |
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state agency a written notice describing the violation; and |
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(2) the political subdivision or state agency does not |
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cure the violation before the end of the third business day after |
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the date the written notice is received. |
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(b) A complaint filed under this section must include: |
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(1) a copy of the written notice; and |
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(2) the resident's sworn statement or affidavit |
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describing the violation and indicating the resident provided the |
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notice required by this section. |
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Sec. 3001.103. DUTIES OF ATTORNEY GENERAL: INVESTIGATION |
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AND NOTICE. (a) Before bringing an action against a political |
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subdivision or state agency for a violation of this chapter, the |
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attorney general shall investigate a complaint filed under Section |
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3001.102 to determine whether legal action is warranted. |
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(b) The political subdivision or state agency subject to the |
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complaint shall provide to the attorney general any information the |
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attorney general requests in connection with the complaint, |
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including: |
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(1) supporting documents related to the complaint; and |
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(2) a statement on whether the political subdivision |
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or state agency has complied or intends to comply with this chapter. |
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(c) If the attorney general determines legal action is |
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warranted, the attorney general shall provide to the appropriate |
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officer of the political subdivision or state agency charged with |
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the violation a written notice: |
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(1) describing the violation and location of the |
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multiple-occupancy private space found to be in violation; |
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(2) stating the amount of the proposed penalty for the |
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violation; and |
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(3) requiring the political subdivision or state |
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agency to cure the violation on or before the 15th day after the |
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date the notice is received to avoid the penalty, unless a court |
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previously found the political subdivision or state agency liable |
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for a violation of this chapter. |
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Sec. 3001.104. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a) |
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If, after receipt of notice under Section 3001.103(c), the |
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political subdivision or state agency has not cured the violation |
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on or before the 15th day after the date the notice is received or |
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was previously found liable by a court for a violation of this |
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chapter, the attorney general may bring an action to collect the |
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civil penalty authorized under Section 3001.101. |
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(b) In addition to bringing an action under Subsection (a), |
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the attorney general may also file a petition for a writ of mandamus |
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or apply for other appropriate equitable relief. |
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(c) An action under this section may be brought or filed in a |
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district court in: |
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(1) Travis County; or |
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(2) a county in which the principal office of the |
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political subdivision or state agency is located. |
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(d) The attorney general may recover reasonable expenses |
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incurred in obtaining relief under this section, including court |
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costs, reasonable attorney's fees, investigative costs, witness |
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fees, and deposition costs. |
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(e) A civil penalty collected by the attorney general under |
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this section shall be deposited to the credit of the compensation to |
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victims of crime fund established under Subchapter J, Chapter 56B, |
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Code of Criminal Procedure. |
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Sec. 3001.105. PRIVATE CIVIL CAUSE OF ACTION. A person |
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affected by a political subdivision's or state agency's alleged |
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violation of this chapter may bring a civil action to obtain |
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appropriate: |
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(1) declaratory relief; |
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(2) injunctive relief; and |
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(3) court costs, including reasonable attorney's and |
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witness fees. |
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Sec. 3001.106. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL |
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IMMUNITY. (a) Notwithstanding any other law except as provided by |
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Subsection (b), this state has sovereign immunity, a political |
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subdivision has governmental immunity, and an officer, employee, or |
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agent of this state or a political subdivision has official |
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immunity in an action, claim, counterclaim, or any type of legal or |
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equitable action that: |
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(1) challenges the validity of any provision or |
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application of this chapter, on constitutional grounds or |
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otherwise; or |
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(2) seeks to prevent or enjoin this state, a political |
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subdivision, or an officer, employee, or agent of this state or a |
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political subdivision from: |
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(A) enforcing any provision or application of |
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this chapter; or |
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(B) hearing, adjudicating, or docketing an |
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action brought under Section 3001.104 or 3001.105 for a violation |
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of this chapter. |
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(b) Subsection (a) does not apply if: |
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(1) immunity has been abrogated or preempted by |
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federal law in a manner consistent with the United States |
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Constitution; or |
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(2) sovereign immunity of this state and governmental |
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immunity of a political subdivision to suit and from liability have |
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been waived to the extent of liability created by this chapter. |
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Sec. 3001.107. APPLICABILITY OF IMMUNITY. Notwithstanding |
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any other law, the immunity conferred by Section 3001.106 applies |
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in every state and federal court and in every type of adjudicative |
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proceeding. |
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Sec. 3001.108. WAIVER OF IMMUNITY. (a) Notwithstanding |
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any other law, a provision of state law may not be construed to |
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waive or abrogate an immunity conferred by Section 3001.106 unless |
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the provision expressly waives or abrogates the immunity with |
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specific reference to this section. |
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(b) Notwithstanding any other law, an attorney representing |
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this state, a political subdivision, or an officer, employee, or |
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agent of this state or a political subdivision may not waive an |
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immunity conferred by Section 3001.106 or take an action that would |
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result in a waiver of that immunity. A purported waiver or action |
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described by this subsection is considered void and an ultra vires |
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act. |
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Sec. 3001.109. JURISDICTION. (a) Notwithstanding any |
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other law, including Chapter 37, Civil Practice and Remedies Code, |
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and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and |
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24.011 of this code, a court of this state does not have |
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jurisdiction to consider and may not award declaratory or |
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injunctive relief, or any type of writ, that would: |
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(1) pronounce any provision or application of this |
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chapter invalid or unconstitutional; or |
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(2) restrain a person, including this state, a |
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political subdivision, and an officer, employee, or agent of this |
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state or a political subdivision, from: |
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(A) enforcing any provision or application of |
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this chapter; or |
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(B) hearing, adjudicating, docketing, or filing |
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a civil action brought under this chapter. |
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(b) Notwithstanding any other law, including Chapter 26, |
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Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil |
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Procedure, a court may not certify a claimant class or a defendant |
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class in a civil action that seeks relief described by this section. |
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SECTION 3. Chapter 30, Civil Practice and Remedies Code, is |
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amended by adding Section 30.023 to read as follows: |
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Sec. 30.023. FEE SHIFTING. (a) Notwithstanding any other |
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law, a person, including an entity, attorney, or law firm, who seeks |
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declaratory or injunctive relief to prevent this state, a political |
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subdivision of this state, a governmental entity, a public |
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official, or any other person in this state from bringing an action |
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to enforce a statute, ordinance, rule, regulation, or other law |
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that regulates access to certain spaces based on an individual's |
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biological sex in any state or federal court, or who represents a |
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litigant seeking such relief in any state or federal court, is |
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jointly and severally liable to pay the costs and reasonable |
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attorney's fees of the prevailing party, including the costs and |
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reasonable attorney's fees the prevailing party incurs in the |
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party's efforts to recover costs and fees. |
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(b) For purposes of this section, a party is considered a |
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prevailing party if a state or federal court: |
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(1) dismisses any claim or cause of action brought |
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against the party that seeks the declaratory or injunctive relief |
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described by Subsection (a), regardless of the reason for the |
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dismissal; or |
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(2) enters judgment in the party's favor on any such |
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claim or cause of action. |
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(c) A prevailing party may recover costs and reasonable |
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attorney's fees under this section only to the extent those costs |
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and attorney's fees were incurred while defending claims or causes |
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of action on which the party prevailed. |
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SECTION 4. Chapter 3001, Government Code, as added by this |
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Act, applies only to a cause of action that accrues on or after the |
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effective date of this Act. |
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SECTION 5. If any part of this Act is declared invalid, that |
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declaration does not affect the validity of the remaining parts of |
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this Act. |
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SECTION 6. This Act takes effect September 1, 2025. |
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* * * * * |