Texas 2025 - 89th Regular

Texas Senate Bill SB240

Filed

11/12/24

Out of Senate Committee

4/14/25

Voted on by Senate

Out of House Committee

Voted on by House

Governor Action

Bill Becomes Law

Caption

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.

Impact

If enacted, SB240 will significantly impact how public spaces are organized and accessed, particularly those that involve undressing or toileting. It prohibits individuals from using spaces designated for the opposite biological sex and allows for civil penalties against public entities that fail to comply. This law underpins a clear strategy to enforce traditional definitions of gender in public space usage while attempting to safeguard privacy concerns, especially related to safety in women's facilities.

Summary

SB240, also known as the Texas Women's Privacy Act, seeks to regulate the designation and use of certain spaces and facilities according to biological sex. The bill mandates that multiple-occupancy private spaces in public facilities, including restrooms and locker rooms, be designated for the exclusive use of individuals of the same biological sex. It defines 'biological sex' based on an individual's sex organs and birth certificate. This legislation is rooted in the debate over privacy and safety in spaces traditionally separated by sex, invoking strong sentiments across various communities.

Sentiment

The sentiment around SB240 is sharply divided. Proponents argue that it is essential for protecting women's privacy and safety in public spaces, asserting that biological sex should determine who can access which facilities. Conversely, opponents contend that the bill discriminates against transgender individuals and undermines their rights and dignity. Advocacy groups, particularly those focused on LGBTQ+ rights, have expressed strong discontent, asserting that the legislation perpetuates stigma and could incite further discrimination against transgender persons.

Contention

Notable points of contention surrounding SB240 include its implications for civil rights and how it affects individuals’ access to necessary facilities based on gender identity. The bill introduces civil penalties for government entities that do not comply, as well as a framework for private cause of action for individuals affected by alleged violations. Critics voiced concerns about the potential for increased litigation and the bill's capacity to escalate tensions surrounding gender identity issues and rights, necessitating further debates and possibly legal challenges over its constitutionality.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

Chapter 30. Miscellaneous Provisions
- Section: New Section
- Section: New Section

Penal Code

Chapter 1. General Provisions
- Section: New Section

Human Resources Code

Chapter 51. Family Violence Centers
- Section: New Section

Education Code

Chapter 61. Texas Higher Education Coordinating Board
- Section: New Section

Code Of Criminal Procedure

Chapter 56a. Rights Of Crime Victims
- Section: New Section

Latest SB240 Activity

Companion Bills

TX HB239

Identical Relating to regulations and policies for entering or using certain private spaces; authorizing a civil penalty.

TX HB2062

Same As Relating to regulations and policies for entering or using certain private spaces; authorizing a civil penalty.

Previously Filed As

TX SB517

Relating to gambling criminal offenses and a defense to prosecution for a gambling offense; increasing criminal penalties.

TX SJR63

Proposing a constitutional amendment regarding the terminology used in the Texas Constitution to refer to the partially landlocked body of water on the southeastern periphery of the North American continent.

TX SB1200

Relating to the required disclosure of certain financial relationships in civil actions regarding the activities of United States defense contractors.

TX SB1626

Relating to censorship of or certain other interference with digital expression, including expression on social media platforms or through electronic mail messages.

TX SB2051

Relating to the impeachment or removal from office of certain public officers, including procedures governing the impeachment, trial on impeachment, and disqualification of state officers, and to the grounds for which certain public officers may be removed from office.

TX SB1313

Relating to prohibited signs, logos, and designs in advertising or marketing cigarettes, e-cigarettes, or other tobacco products; creating a criminal offense.

TX SB3014

Relating to the regulation of technical and clerical errors contained in registrations and reports filed with the Texas Ethics Commission and the commission's authority regarding the imposition of certain penalties.

TX SB1717

Relating to the terminology used in statute, resolutions, rules, and other state publications to refer to the partially landlocked body of water on the southeastern periphery of the North American continent.