85R10289 LED-F
By: Hinojosa H.B. No. 4243
A BILL TO BE ENTITLED
AN ACT
relating to regulations and policies for entering or using a
bathroom or changing facility in buildings operated by certain
governmental entities and public schools; authorizing a civil
penalty.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. GOVERNMENTAL ENTITY AND PUBLIC SCHOOL BATHROOMS AND
CHANGING FACILITIES
Sec. 769.001. DEFINITIONS. In this chapter:
(1) "Gender expression" means the external appearance
of an individual's gender identity that is usually expressed
through the individual's behavior, clothing, haircut, or voice,
regardless of whether the individual's appearance conforms to
socially defined behaviors and characteristics typically
associated with being either masculine or feminine.
(2) "Gender identity" means an individual's innermost
concept, perception, and identification of self as male, female, a
blend of both, or neither. Gender identity may be the same as or
different from the sex assigned to an individual at birth.
(3) "Open-enrollment charter school" means a school
that has been granted a charter under Subchapter D, Chapter 12,
Education Code.
(4) "Political subdivision" means a governmental
entity of this state that is not a state agency and includes a
county, municipality, hospital district, special purpose district
or authority, and junior college district. The term does not
include a school district.
(5) "Public hospital" means a hospital owned,
operated, or leased by a governmental entity of this state.
(6) "School district" means any public school district
in this state.
(7) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
an institution of higher education as defined by Section 61.003,
Education Code.
Sec. 769.002. APPLICABILITY. This chapter applies to:
(1) an open-enrollment charter school;
(2) a political subdivision;
(3) a public hospital;
(4) a school district; and
(5) a state agency.
Sec. 769.003. USE OF BATHROOM OR CHANGING FACILITY. An
entity listed in Section 769.002 that has control over a bathroom or
changing facility in a building owned or leased by the entity shall
allow a person to use a bathroom or changing facility located in the
building consistent with the person's gender identity or gender
expression.
Sec. 769.004. CIVIL PENALTY. (a) An entity listed in
Section 769.002 that violates this chapter is liable for a civil
penalty of:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $10,000 and not more than $10,500 for
the second or a subsequent violation.
(b) Each day of a continuing violation of this chapter
constitutes a separate violation.
Sec. 769.005. COMPLAINT; NOTICE. (a) A citizen of this
state may file a complaint with the attorney general that an entity
is in violation of this chapter only if:
(1) the citizen provides the entity a written notice
that describes the violation; and
(2) the entity does not cure the violation before the
end of the third business day after the date of receiving the
written notice.
(b) A complaint filed under this section must include:
(1) a copy of the written notice; and
(2) a signed statement by the citizen describing the
violation and indicating that the citizen provided the notice
required by this section.
Sec. 769.006. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
AND NOTICE. (a) Before bringing a suit against an entity for a
violation of this chapter, the attorney general shall investigate a
complaint filed under Section 769.005 to determine whether legal
action is warranted.
(b) If the attorney general determines that legal action is
warranted, the attorney general shall provide the appropriate
officer of the entity charged with the violation a written notice
that:
(1) describes the violation and location of the
bathroom or changing facility found to be in violation;
(2) states the amount of the proposed penalty for the
violation; and
(3) requires the entity to cure the violation on or
before the 15th day after the date the notice is received to avoid
the penalty, unless the entity was found liable by a court for
previously violating this chapter.
Sec. 769.007. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
If, after receipt of notice under Section 769.006(b), the entity
has not cured the violation on or before the 15th day after the date
the notice is provided under Section 769.006(b)(3), the attorney
general may sue to collect the civil penalty provided by Section
769.004.
(b) In addition to filing suit under Subsection (a), the
attorney general may also file a petition for a writ of mandamus or
apply for other appropriate equitable relief.
(c) A suit or petition under this section may be filed in a
district court in:
(1) Travis County; or
(2) the county in which the principal office of the
entity is located.
(d) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(e) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the compensation to
victims of crime fund established under Subchapter B, Chapter 56,
Code of Criminal Procedure.
Sec. 769.008. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
Sovereign and governmental immunity to suit is waived and abolished
to the extent of liability created by this chapter.
SECTION 2. This Act takes effect September 1, 2017.