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A BILL TO BE ENTITLED
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AN ACT
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relating to access to universal changing facilities in places of |
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public accommodation and public buildings. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter D, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.070 to read as follows: |
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Sec. 341.070. UNIVERSAL CHANGING FACILITIES. (a) In this |
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section: |
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(1) "Person with a disability" means a person with a |
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physical, intellectual, behavioral, or cognitive impairment |
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resulting in the person's inability to perform the activities of |
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daily life. |
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(2) "Place of public accommodation" means any of the |
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following locations: |
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(A) a place of exhibition, entertainment, or |
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gathering, including a movie theater, theater of the dramatic or |
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performing arts, concert hall, auditorium, sports arena or stadium, |
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and convention center; |
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(B) a sales or rental establishment comprising at |
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least 40,000 square feet, including a shopping mall and shopping |
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center; |
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(C) a place of public display or collection, |
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including a museum, library, and gallery; |
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(D) a place of recreation, including a park, zoo, |
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and amusement park; |
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(E) a public or private primary or secondary |
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school, a public or private institution of higher education, and |
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any other place of education; |
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(F) a social service center, including a senior |
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center and homeless shelter; |
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(G) a station or terminal used for specified |
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public transportation, including an airport, train depot, and bus |
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station; and |
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(H) a professional office of a health care |
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provider, including a hospital and rehabilitation center. |
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(3) "Public building" means a building or facility |
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used by the public and owned or controlled by this state or a |
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political subdivision of this state. |
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(4) "Universal changing facility" means an enclosed |
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family or assisted use toilet facility not designated by gender and |
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designed for use by a person with a disability, with the assistance |
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of the person's care provider, for personal hygiene purposes. |
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(b) This section applies only to a place of public |
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accommodation or public building: |
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(1) that is constructed on or after January 1, 2026; or |
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(2) for which a building permit application is |
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submitted on or after January 1, 2026, for renovation of its main |
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facility, not including a parking garage or other parking area, |
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with an estimated cost of at least $50,000. |
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(c) A person with control over the restrooms and changing |
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facilities in a place of public accommodation or public building |
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shall install in one or more of its restrooms or changing facilities |
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a universal changing facility that is accessible to the general |
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public and is not designated by gender. |
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(d) A universal changing facility installed as required |
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under this section must contain: |
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(1) an electronic, height-adjustable adult changing |
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table with a safety rail or safety belt; and |
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(2) amenities, including a waste receptacle, toilet, |
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sink, soap dispenser, and paper towel dispenser. |
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(e) A universal changing facility installed as required |
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under this section must comply with the guidelines established in |
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the International Building Code and the American National Standards |
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Institute Standard for Accessible and Usable Buildings and |
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Facilities, commonly cited as "ANSI A117.1," as the code and that |
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standard existed on January 1, 2024. |
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(f) A person with control over the restrooms and changing |
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facilities in a place of public accommodation or public building |
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shall post a sign in a conspicuous space and include on any central |
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directory in the place or building clear language indicating the |
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location of each restroom or changing facility with a universal |
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changing facility. The sign must comply with the 2012 Texas |
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Accessibility Standards. |
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(g) The Texas Commission of Licensing and Regulation by rule |
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shall establish exceptions to the required installation of a |
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universal changing facility under this section for an owner of a |
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place of public accommodation or public building who demonstrates |
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that compliance with this section: |
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(1) would result in an undue financial burden on the |
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owner; or |
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(2) is not possible due to the available space at the |
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place or building. |
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SECTION 2. (a) Not later than December 1, 2025, the Texas |
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Commission of Licensing and Regulation shall adopt the rules |
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required by Section 341.070, Health and Safety Code, as added by |
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this Act. |
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(b) This section takes effect September 1, 2025. |
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SECTION 3. Except as otherwise provided by this Act, this |
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Act takes effect January 1, 2026. |