85S10364 JCG-D
By: Simmons H.B. No. 46
A BILL TO BE ENTITLED
AN ACT
relating to the regulation of discrimination by political
subdivisions.
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. Chapter 250, Local Government Code, is amended
by adding Section 250.009 to read as follows:
Sec. 250.009. CERTAIN REGULATION OF DISCRIMINATION
PROHIBITED. (a) Except in accordance with federal law as enacted
by Congress and interpreted in controlling federal case law and
state law as enacted by the legislature and interpreted in
controlling case law of this state, a political subdivision,
including a public school district, may not adopt or enforce an
order, ordinance, policy, or other measure to protect a class of
persons from discrimination to the extent that the order,
ordinance, policy, or other measure regulates access to
multiple-occupancy restrooms, showers, or changing facilities.
(b) Subsection (a) may be enforced only through an action
instituted by the attorney general for mandamus or injunctive
relief. The attorney general may recover costs and attorney's fees
related to enforcing Subsection (a).
SECTION 3. 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.