LEGISLATIVE BUDGET BOARD

Austin, Texas

FISCAL NOTE, 89TH LEGISLATIVE REGULAR SESSION

April 13, 2025

TO:	Honorable Bryan Hughes, Chair, Senate Committee on State Affairs
FROM:	Jerry McGinty, Director, Legislative Budget Board
IN RE:	SB240 by Middleton (relating to the designation and use of certain spaces and facilities according to biological sex; authorizing a civil penalty and a private civil right of action.), Committee Report 1st House, Substituted

The fiscal implications of the bill cannot be determined at this time due to a lack of reliable information on the projected number of cases of noncompliance resulting from the civil penalty.

The bill would require that political subdivisions and state agencies designate that private spaces be designated for and used only by persons based on the person's biological sex. The bill would also create a civil penalty for violations of the chapter.

This analysis assumes that the implementation of the bill could be accomplished with existing resources.

According to information provided by the Office of Court Administration, any revenue generated by the newly created civil penalty can not be determined due to the unknown number of cases that would result from the provisions of the bill.

The bill would establish a civil penalty of $5,000 for the first violation and $25,000 for each subsequent violation of the bill's provisions, with each day of continuing violation considered a separate violation. Any resulting civil penalty revenue would be deposited to the General Revenue Account 469 - Compensation to Victims of Crime Fund. The number of cases of noncompliance resulting from the civil penalty is unknown. As a result, the fiscal impact cannot be determined.

Local Government Impact

The fiscal implications of the bill cannot be determined at this time.

Source Agencies:

212 Office of Court Administration, Texas Judicial Council, 242 State Commission on Judicial Conduct, 302 Office of the Attorney General, 304 Comptroller of Public Accounts, 320 Texas Workforce Commission, 352 Bond Review Board, 452 Department of Licensing and Regulation, 503 Texas Medical Board, 529 Health and Human Services Commission, 582 Commission on Environmental Quality, 601 Department of Transportation, 696 Department of Criminal Justice, 701 Texas Education Agency, 710 Texas A&M University System Administrative and General Offices, 720 The University of Texas System Administration, 966 Howard College, 978 San Jacinto College

LBB Staff:

JMc, WP, THO, NAz, JPa