Texas 2015 - 84th Regular

Texas House Bill HB2801 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	84R13664 KJE-D
2	2	By: Peña H.B. No. 2801
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the use of a bathroom, locker room, or shower facility
8	8	in a public school.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 38, Education Code, is amended by adding
11	11	Subchapter F to read as follows:
12	12	SUBCHAPTER F. BATHROOM, LOCKER ROOM, AND SHOWER FACILITY USE
13	13	Sec. 38.251. SEPARATION BASED ON BIOLOGICAL SEX REQUIRED.
14	14	A school district shall adopt a policy providing that only persons
15	15	of the same biological sex may be present at the same time in any
16	16	bathroom, locker room, or shower facility in a building owned by the
17	17	district.
18	18	Sec. 38.252. ALTERNATE ACCOMMODATIONS FOR CERTAIN
19	19	STUDENTS. (a) A school district shall provide reasonable
20	20	alternate bathroom, locker room, or shower facility accommodations
21	21	to a student if:
22	22	(1) the student asserts a gender identity that is
23	23	different from the student's biological sex; and
24	24	(2) the student's parent or guardian consents in
25	25	writing to the provision of alternate accommodations.
26	26	(b) A school district must comply with the policy adopted
27	27	under Section 38.251 in providing alternate accommodations under
28	28	Subsection (a).
29	29	(c) This section does not require a school district to
30	30	construct, maintain, or modify a bathroom, locker room, or shower
31	31	facility to provide any alternate accommodations required under
32	32	Subsection (a).
33	33	Sec. 38.253. LIABILITY FOR VIOLATION. (a) A school
34	34	district is liable to a student who encounters a person not of the
35	35	student's biological sex in a bathroom, locker room, or shower
36	36	facility that is designated for use by persons of the student's
37	37	biological sex if any employee of the district:
38	38	(1) knew that the person was not of the same biological
39	39	sex for which the bathroom, locker room, or shower facility was
40	40	designated; and
41	41	(2) permitted the person to enter or failed to take
42	42	reasonable steps to prevent the person from entering the bathroom,
43	43	locker room, or shower facility.
44	44	(b) It is a defense to liability under this section that the
45	45	person entered the bathroom, locker room, or shower facility for a
46	46	custodial purpose, for the purpose of repairing the facility, to
47	47	give medical assistance, or to supervise or assist a student.
48	48	(c) A student who prevails in a suit under this section
49	49	shall be awarded:
50	50	(1) exemplary damages in the amount of $2,000;
51	51	(2) actual damages, including damages for mental
52	52	anguish even if an injury other than mental anguish is not shown;
53	53	(3) court costs; and
54	54	(4) reasonable attorney's fees.
55	55	(d) The cause of action created by this section is
56	56	cumulative of any other remedy provided by common law or statute.
57	57	(e) This section does not override the immunity from
58	58	personal liability granted in Section 22.0511 or other law.
59	59	Sec. 38.254. SINGLE-OCCUPANT FACILITIES NOT PROHIBITED.
60	60	This subchapter does not prohibit a school district from
61	61	constructing or maintaining a bathroom, locker room, or shower
62	62	facility designed for use by only one person at a time or from
63	63	modifying existing facilities for that use.
64	64	SECTION 2. This Act takes effect September 1, 2015.