Texas House Bill HB46

Texas 2017 - 85th 1st C.S.

Caption

Relating to the regulation of discrimination by political subdivisions.

Impact

The enactment of HB 46 will have significant implications for local governments wishing to implement their own measures against discrimination. It restricts their ability to provide protections that are not explicitly allowed under state and federal law, effectively centralizing the authority to regulate discrimination. This shift could lead to the nullification of existing local ordinances that offer broader protections than those proposed by the state, which has raised concerns among various advocacy groups regarding the potential rollback of protections for marginalized communities.

Summary

House Bill 46 aims to regulate how local governments in Texas can address discrimination policies, particularly in relation to access to multiple-occupancy restrooms, showers, and changing facilities. The bill stipulates that political subdivisions, including public school districts, are prohibited from enacting or enforcing any measures that go beyond federal and state law concerning discrimination against specific classes of persons in these areas. This change is intended to standardize the approach to discrimination regulations across Texas localities, placing limits on local governmental powers in favor of a more uniform state law framework.

Contention

One of the notable points of contention surrounding HB 46 is the balance between state authority and local control. Proponents argue that uniformity in regulations will benefit businesses and reduce confusion for local governments. Conversely, opponents claim that such a move undermines the ability of local jurisdictions to address specific needs and concerns within their communities, particularly related to the rights of individuals who may face discrimination. This opposition underscores a broader debate on how best to protect vulnerable populations while balancing regulatory consistency across the state.