84R13664 KJE-D
By: Peña H.B. No. 2801
A BILL TO BE ENTITLED
AN ACT
relating to the use of a bathroom, locker room, or shower facility
in a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Education Code, is amended by adding
Subchapter F to read as follows:
SUBCHAPTER F. BATHROOM, LOCKER ROOM, AND SHOWER FACILITY USE
Sec. 38.251. SEPARATION BASED ON BIOLOGICAL SEX REQUIRED.
A school district shall adopt a policy providing that only persons
of the same biological sex may be present at the same time in any
bathroom, locker room, or shower facility in a building owned by the
district.
Sec. 38.252. ALTERNATE ACCOMMODATIONS FOR CERTAIN
STUDENTS. (a) A school district shall provide reasonable
alternate bathroom, locker room, or shower facility accommodations
to a student if:
(1) the student asserts a gender identity that is
different from the student's biological sex; and
(2) the student's parent or guardian consents in
writing to the provision of alternate accommodations.
(b) A school district must comply with the policy adopted
under Section 38.251 in providing alternate accommodations under
Subsection (a).
(c) This section does not require a school district to
construct, maintain, or modify a bathroom, locker room, or shower
facility to provide any alternate accommodations required under
Subsection (a).
Sec. 38.253. LIABILITY FOR VIOLATION. (a) A school
district is liable to a student who encounters a person not of the
student's biological sex in a bathroom, locker room, or shower
facility that is designated for use by persons of the student's
biological sex if any employee of the district:
(1) knew that the person was not of the same biological
sex for which the bathroom, locker room, or shower facility was
designated; and
(2) permitted the person to enter or failed to take
reasonable steps to prevent the person from entering the bathroom,
locker room, or shower facility.
(b) It is a defense to liability under this section that the
person entered the bathroom, locker room, or shower facility for a
custodial purpose, for the purpose of repairing the facility, to
give medical assistance, or to supervise or assist a student.
(c) A student who prevails in a suit under this section
shall be awarded:
(1) exemplary damages in the amount of $2,000;
(2) actual damages, including damages for mental
anguish even if an injury other than mental anguish is not shown;
(3) court costs; and
(4) reasonable attorney's fees.
(d) The cause of action created by this section is
cumulative of any other remedy provided by common law or statute.
(e) This section does not override the immunity from
personal liability granted in Section 22.0511 or other law.
Sec. 38.254. SINGLE-OCCUPANT FACILITIES NOT PROHIBITED.
This subchapter does not prohibit a school district from
constructing or maintaining a bathroom, locker room, or shower
facility designed for use by only one person at a time or from
modifying existing facilities for that use.
SECTION 2. This Act takes effect September 1, 2015.