Texas 2017 - 85th 1st C.S.

Texas House Bill HB381 Compare Versions

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

Old	New	Differences
1	1	85S12298 JCG-D
2	2	By: Shaheen H.B. No. 381
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to the regulation of certain facilities of political
8	8	subdivisions, including public school districts, and
9	9	open-enrollment charter schools.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. The heading to Chapter 250, Local Government
12	12	Code, is amended to read as follows:
13	13	CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF
14	14	MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS
15	15	SECTION 2. Sections 250.001, 250.002, 250.003, 250.004,
16	16	250.005, 250.006, 250.007, and 250.008, Local Government Code, are
17	17	designated as Subchapter A, Chapter 250, Local Government Code, and
18	18	a heading is added to Subchapter A to read as follows:
19	19	SUBCHAPTER A. GENERAL PROVISIONS
20	20	SECTION 3. Chapter 250, Local Government Code, is amended
21	21	by adding Subchapter B to read as follows:
22	22	SUBCHAPTER B. REGULATION OF CERTAIN FACILITIES
23	23	Sec. 250.051. DESIGNATION AND USE OF RESTROOMS, SHOWERS,
24	24	AND CHANGING FACILITIES. (a) In this subchapter, "sex" means the
25	25	physical condition of being male or female.
26	26	(b) Each multiple-occupancy restroom, shower, and changing
27	27	facility of a political subdivision, including a public school
28	28	district, or an open-enrollment charter school shall be designated
29	29	for and used only by persons of the same sex.
30	30	(c) A private entity that leases or contracts to use a
31	31	building owned or leased by a political subdivision, including a
32	32	public school district, or an open-enrollment charter school is not
33	33	subject to Subsection (b). A political subdivision, including a
34	34	public school district, or an open-enrollment charter school may
35	35	not require the private entity to adopt, or prohibit the private
36	36	entity from adopting, a policy on the designation or use of
37	37	restrooms, showers, or changing facilities located in the building.
38	38	Sec. 250.052. CERTAIN POLICIES PROHIBITED. A political
39	39	subdivision, including a public school district, or an
40	40	open-enrollment charter school may not adopt or enforce an order,
41	41	ordinance, policy, or other measure that:
42	42	(1) relates to the designation or use of a
43	43	multiple-occupancy restroom, shower, or changing facility; or
44	44	(2) requires a private entity to adopt, or prohibits
45	45	the entity from adopting, a policy on the designation or use of the
46	46	entity's restrooms, showers, or changing facilities.
47	47	Sec. 250.053. EXCEPTIONS. This subchapter does not
48	48	preclude a political subdivision, including a public school
49	49	district, or an open-enrollment charter school from adopting an
50	50	ordinance, order, policy, or other measure regarding the use of a
51	51	multiple-occupancy restroom, shower, or changing facility by a
52	52	person not of the designated sex to:
53	53	(1) assist in the restroom, shower, or changing
54	54	facility:
55	55	(A) a person with a disability;
56	56	(B) a child under the age of eight; or
57	57	(C) an elderly person;
58	58	(2) be assisted in the restroom, shower, or changing
59	59	facility, if the person is a person described by Subdivision
60	60	(1)(A), (B), or (C);
61	61	(3) render medical or other emergency assistance; or
62	62	(4) maintain the restroom, shower, or changing
63	63	facility when the restroom, shower, or changing facility is not in
64	64	use.
65	65	Sec. 250.054. ENFORCEMENT. (a) This subchapter may be
66	66	enforced only through an action for mandamus or injunctive relief
67	67	instituted by:
68	68	(1) the attorney general against a political
69	69	subdivision, including a public school district, or
70	70	open-enrollment charter school that is violating this subchapter;
71	71	or
72	72	(2) a parent or legal guardian of a child enrolled in a
73	73	public school district or open-enrollment charter school that is
74	74	violating this subchapter against that public school district or
75	75	open-enrollment charter school.
76	76	(b) The attorney general or parent or legal guardian may
77	77	recover costs and attorney's fees related to enforcing this
78	78	subchapter.
79	79	(c) Governmental immunity of a political subdivision to
80	80	suit is waived and abolished to the extent of liability created
81	81	under this section.
82	82	SECTION 4. This Act takes effect immediately if it receives
83	83	a vote of two-thirds of all the members elected to each house, as
84	84	provided by Section 39, Article III, Texas Constitution. If this
85	85	Act does not receive the vote necessary for immediate effect, this
86	86	Act takes effect on the 91st day after the last day of the
87	87	legislative session.