Texas 2017 - 85th Regular

Texas Senate Bill SB1113 Compare Versions

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

Old	New	Differences
1	1	85R10289 LED-F
2	2	By: Garcia, Rodríguez S.B. No. 1113
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulations and policies for entering or using a
8	8	bathroom or changing facility in buildings operated by certain
9	9	governmental entities and public schools; authorizing a civil
10	10	penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
13	13	amended by adding Chapter 769 to read as follows:
14	14	CHAPTER 769. GOVERNMENTAL ENTITY AND PUBLIC SCHOOL BATHROOMS AND
15	15	CHANGING FACILITIES
16	16	Sec. 769.001. DEFINITIONS. In this chapter:
17	17	(1) "Gender expression" means the external appearance
18	18	of an individual's gender identity that is usually expressed
19	19	through the individual's behavior, clothing, haircut, or voice,
20	20	regardless of whether the individual's appearance conforms to
21	21	socially defined behaviors and characteristics typically
22	22	associated with being either masculine or feminine.
23	23	(2) "Gender identity" means an individual's innermost
24	24	concept, perception, and identification of self as male, female, a
25	25	blend of both, or neither. Gender identity may be the same as or
26	26	different from the sex assigned to an individual at birth.
27	27	(3) "Open-enrollment charter school" means a school
28	28	that has been granted a charter under Subchapter D, Chapter 12,
29	29	Education Code.
30	30	(4) "Political subdivision" means a governmental
31	31	entity of this state that is not a state agency and includes a
32	32	county, municipality, hospital district, special purpose district
33	33	or authority, and junior college district. The term does not
34	34	include a school district.
35	35	(5) "Public hospital" means a hospital owned,
36	36	operated, or leased by a governmental entity of this state.
37	37	(6) "School district" means any public school district
38	38	in this state.
39	39	(7) "State agency" means a department, commission,
40	40	board, office, council, authority, or other agency in the
41	41	executive, legislative, or judicial branch of state government that
42	42	is created by the constitution or a statute of this state, including
43	43	an institution of higher education as defined by Section 61.003,
44	44	Education Code.
45	45	Sec. 769.002. APPLICABILITY. This chapter applies to:
46	46	(1) an open-enrollment charter school;
47	47	(2) a political subdivision;
48	48	(3) a public hospital;
49	49	(4) a school district; and
50	50	(5) a state agency.
51	51	Sec. 769.003. USE OF BATHROOM OR CHANGING FACILITY. An
52	52	entity listed in Section 769.002 that has control over a bathroom or
53	53	changing facility in a building owned or leased by the entity shall
54	54	allow a person to use a bathroom or changing facility located in the
55	55	building consistent with the person's gender identity or gender
56	56	expression.
57	57	Sec. 769.004. CIVIL PENALTY. (a) An entity listed in
58	58	Section 769.002 that violates this chapter is liable for a civil
59	59	penalty of:
60	60	(1) not less than $1,000 and not more than $1,500 for
61	61	the first violation; and
62	62	(2) not less than $10,000 and not more than $10,500 for
63	63	the second or a subsequent violation.
64	64	(b) Each day of a continuing violation of this chapter
65	65	constitutes a separate violation.
66	66	Sec. 769.005. COMPLAINT; NOTICE. (a) A citizen of this
67	67	state may file a complaint with the attorney general that an entity
68	68	is in violation of this chapter only if:
69	69	(1) the citizen provides the entity a written notice
70	70	that describes the violation; and
71	71	(2) the entity does not cure the violation before the
72	72	end of the third business day after the date of receiving the
73	73	written notice.
74	74	(b) A complaint filed under this section must include:
75	75	(1) a copy of the written notice; and
76	76	(2) a signed statement by the citizen describing the
77	77	violation and indicating that the citizen provided the notice
78	78	required by this section.
79	79	Sec. 769.006. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
80	80	AND NOTICE. (a) Before bringing a suit against an entity for a
81	81	violation of this chapter, the attorney general shall investigate a
82	82	complaint filed under Section 769.005 to determine whether legal
83	83	action is warranted.
84	84	(b) If the attorney general determines that legal action is
85	85	warranted, the attorney general shall provide the appropriate
86	86	officer of the entity charged with the violation a written notice
87	87	that:
88	88	(1) describes the violation and location of the
89	89	bathroom or changing facility found to be in violation;
90	90	(2) states the amount of the proposed penalty for the
91	91	violation; and
92	92	(3) requires the entity to cure the violation on or
93	93	before the 15th day after the date the notice is received to avoid
94	94	the penalty, unless the entity was found liable by a court for
95	95	previously violating this chapter.
96	96	Sec. 769.007. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
97	97	If, after receipt of notice under Section 769.006(b), the entity
98	98	has not cured the violation on or before the 15th day after the date
99	99	the notice is provided under Section 769.006(b)(3), the attorney
100	100	general may sue to collect the civil penalty provided by Section
101	101	769.004.
102	102	(b) In addition to filing suit under Subsection (a), the
103	103	attorney general may also file a petition for a writ of mandamus or
104	104	apply for other appropriate equitable relief.
105	105	(c) A suit or petition under this section may be filed in a
106	106	district court in:
107	107	(1) Travis County; or
108	108	(2) the county in which the principal office of the
109	109	entity is located.
110	110	(d) The attorney general may recover reasonable expenses
111	111	incurred in obtaining relief under this section, including court
112	112	costs, reasonable attorney's fees, investigative costs, witness
113	113	fees, and deposition costs.
114	114	(e) A civil penalty collected by the attorney general under
115	115	this section shall be deposited to the credit of the compensation to
116	116	victims of crime fund established under Subchapter B, Chapter 56,
117	117	Code of Criminal Procedure.
118	118	Sec. 769.008. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
119	119	Sovereign and governmental immunity to suit is waived and abolished
120	120	to the extent of liability created by this chapter.
121	121	SECTION 2. This Act takes effect September 1, 2017.