85S12298 JCG-D
By: Shaheen H.B. No. 381
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of certain facilities of political
subdivisions, including public school districts, and
open-enrollment charter schools.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. The heading to Chapter 250, Local Government
Code, is amended to read as follows:
CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF
MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS
SECTION 2. Sections 250.001, 250.002, 250.003, 250.004,
250.005, 250.006, 250.007, and 250.008, Local Government Code, are
designated as Subchapter A, Chapter 250, Local Government Code, and
a heading is added to Subchapter A to read as follows:
SUBCHAPTER A. GENERAL PROVISIONS
SECTION 3. Chapter 250, Local Government Code, is amended
by adding Subchapter B to read as follows:
SUBCHAPTER B. REGULATION OF CERTAIN FACILITIES
Sec. 250.051. DESIGNATION AND USE OF RESTROOMS, SHOWERS,
AND CHANGING FACILITIES. (a) In this subchapter, "sex" means the
physical condition of being male or female.
(b) Each multiple-occupancy restroom, shower, and changing
facility of a political subdivision, including a public school
district, or an open-enrollment charter school shall be designated
for and used only by persons of the same sex.
(c) A private entity that leases or contracts to use a
building owned or leased by a political subdivision, including a
public school district, or an open-enrollment charter school is not
subject to Subsection (b). A political subdivision, including a
public school district, or an open-enrollment charter school may
not require the private entity to adopt, or prohibit the private
entity from adopting, a policy on the designation or use of
restrooms, showers, or changing facilities located in the building.
Sec. 250.052. CERTAIN POLICIES PROHIBITED. A political
subdivision, including a public school district, or an
open-enrollment charter school may not adopt or enforce an order,
ordinance, policy, or other measure that:
(1) relates to the designation or use of a
multiple-occupancy restroom, shower, or changing facility; or
(2) requires a private entity to adopt, or prohibits
the entity from adopting, a policy on the designation or use of the
entity's restrooms, showers, or changing facilities.
Sec. 250.053. EXCEPTIONS. This subchapter does not
preclude a political subdivision, including a public school
district, or an open-enrollment charter school from adopting an
ordinance, order, policy, or other measure regarding the use of a
multiple-occupancy restroom, shower, or changing facility by a
person not of the designated sex to:
(1) assist in the restroom, shower, or changing
facility:
(A) a person with a disability;
(B) a child under the age of eight; or
(C) an elderly person;
(2) be assisted in the restroom, shower, or changing
facility, if the person is a person described by Subdivision
(1)(A), (B), or (C);
(3) render medical or other emergency assistance; or
(4) maintain the restroom, shower, or changing
facility when the restroom, shower, or changing facility is not in
use.
Sec. 250.054. ENFORCEMENT. (a) This subchapter may be
enforced only through an action for mandamus or injunctive relief
instituted by:
(1) the attorney general against a political
subdivision, including a public school district, or
open-enrollment charter school that is violating this subchapter;
or
(2) a parent or legal guardian of a child enrolled in a
public school district or open-enrollment charter school that is
violating this subchapter against that public school district or
open-enrollment charter school.
(b) The attorney general or parent or legal guardian may
recover costs and attorney's fees related to enforcing this
subchapter.
(c) Governmental immunity of a political subdivision to
suit is waived and abolished to the extent of liability created
under this section.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect on the 91st day after the last day of the
legislative session.