| 1 | 1 | | 84R13658 LED-D |
|---|
| 2 | 2 | | By: Peña H.B. No. 2802 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the use of public bathrooms, locker rooms, and shower |
|---|
| 8 | 8 | | facilities; creating a criminal offense. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. Section 341.061, Health and Safety Code, is |
|---|
| 11 | 11 | | amended to read as follows: |
|---|
| 12 | 12 | | Sec. 341.061. PUBLIC BATHROOMS, LOCKER ROOMS, SHOWER |
|---|
| 13 | 13 | | FACILITIES, AND TOILET ACCOMMODATIONS; CIVIL AND CRIMINAL |
|---|
| 14 | 14 | | LIABILITY [FACILITIES]. (a) An operator, manager, or |
|---|
| 15 | 15 | | superintendent of a public building, schoolhouse, theater, filling |
|---|
| 16 | 16 | | station, tourist court, bus station, or tavern shall provide and |
|---|
| 17 | 17 | | maintain sanitary bathrooms, including toilet accommodations. |
|---|
| 18 | 18 | | (b) An individual may not enter a public bathroom, locker |
|---|
| 19 | 19 | | room, or shower facility that is designated for use by persons of a |
|---|
| 20 | 20 | | sex that is not the same sex as the individual's biological sex. A |
|---|
| 21 | 21 | | violation of this subsection is a Class B misdemeanor. |
|---|
| 22 | 22 | | (c) An individual who violates Subsection (b) is liable to a |
|---|
| 23 | 23 | | person who encounters the individual in the public bathroom, locker |
|---|
| 24 | 24 | | room, or shower facility. |
|---|
| 25 | 25 | | (d) It is a defense to prosecution under Subsection (b) and |
|---|
| 26 | 26 | | a defense to liability under Subsection (c) that the individual |
|---|
| 27 | 27 | | entered the public bathroom, locker room, or shower facility: |
|---|
| 28 | 28 | | (1) for a custodial purpose; |
|---|
| 29 | 29 | | (2) for the purpose of repairing the facility; |
|---|
| 30 | 30 | | (3) to give medical assistance; or |
|---|
| 31 | 31 | | (4) to accompany a child who is of a sex that is not the |
|---|
| 32 | 32 | | same sex as the individual's biological sex and who is: |
|---|
| 33 | 33 | | (A) a child with special needs; or |
|---|
| 34 | 34 | | (B) younger than five years of age. |
|---|
| 35 | 35 | | (e) A person who prevails in a suit under Subsection (c) |
|---|
| 36 | 36 | | shall be awarded: |
|---|
| 37 | 37 | | (1) exemplary damages in the amount of $2,000; |
|---|
| 38 | 38 | | (2) actual damages, including damages for mental |
|---|
| 39 | 39 | | anguish even if an injury other than mental anguish is not shown; |
|---|
| 40 | 40 | | (3) court costs; and |
|---|
| 41 | 41 | | (4) reasonable attorney's fees. |
|---|
| 42 | 42 | | (f) The cause of action created by this section is |
|---|
| 43 | 43 | | cumulative of any other remedy provided by common law or statute. |
|---|
| 44 | 44 | | SECTION 2. This Act takes effect September 1, 2015. |
|---|