| 1 | 1 | | 85S10364 JCG-D |
|---|
| 2 | 2 | | By: Simmons H.B. No. 46 |
|---|
| 3 | 3 | | |
|---|
| 4 | 4 | | |
|---|
| 5 | 5 | | A BILL TO BE ENTITLED |
|---|
| 6 | 6 | | AN ACT |
|---|
| 7 | 7 | | relating to the regulation of discrimination by political |
|---|
| 8 | 8 | | subdivisions. |
|---|
| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
|---|
| 10 | 10 | | SECTION 1. The heading to Chapter 250, Local Government |
|---|
| 11 | 11 | | Code, is amended to read as follows: |
|---|
| 12 | 12 | | CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF |
|---|
| 13 | 13 | | MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS |
|---|
| 14 | 14 | | SECTION 2. Chapter 250, Local Government Code, is amended |
|---|
| 15 | 15 | | by adding Section 250.009 to read as follows: |
|---|
| 16 | 16 | | Sec. 250.009. CERTAIN REGULATION OF DISCRIMINATION |
|---|
| 17 | 17 | | PROHIBITED. (a) Except in accordance with federal law as enacted |
|---|
| 18 | 18 | | by Congress and interpreted in controlling federal case law and |
|---|
| 19 | 19 | | state law as enacted by the legislature and interpreted in |
|---|
| 20 | 20 | | controlling case law of this state, a political subdivision, |
|---|
| 21 | 21 | | including a public school district, may not adopt or enforce an |
|---|
| 22 | 22 | | order, ordinance, policy, or other measure to protect a class of |
|---|
| 23 | 23 | | persons from discrimination to the extent that the order, |
|---|
| 24 | 24 | | ordinance, policy, or other measure regulates access to |
|---|
| 25 | 25 | | multiple-occupancy restrooms, showers, or changing facilities. |
|---|
| 26 | 26 | | (b) Subsection (a) may be enforced only through an action |
|---|
| 27 | 27 | | instituted by the attorney general for mandamus or injunctive |
|---|
| 28 | 28 | | relief. The attorney general may recover costs and attorney's fees |
|---|
| 29 | 29 | | related to enforcing Subsection (a). |
|---|
| 30 | 30 | | SECTION 3. This Act takes effect immediately if it receives |
|---|
| 31 | 31 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 32 | 32 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 33 | 33 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 34 | 34 | | Act takes effect on the 91st day after the last day of the |
|---|
| 35 | 35 | | legislative session. |
|---|