Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB3 Compare Versions

Version 1 (Old)

Version 2 (New)

Old	New		Differences
1		-	By: Kolkhorst, et al. S.B. No. 3
	1	+	By: Kolkhorst S.B. No. 3
	2	+	(In the Senate - Filed July 19, 2017; July 20, 2017, read
	3	+	first time and referred to Committee on State Affairs;
	4	+	July 23, 2017, reported favorably by the following vote: Yeas 8,
	5	+	Nays 1; July 23, 2017, sent to printer.)
	6	+	Click here to see the committee vote
2	7
3	8
4	9		A BILL TO BE ENTITLED
5	10		AN ACT
6	11		relating to the regulation of certain facilities and activities of
7	12		political subdivisions, including public school districts, and
8	13		open-enrollment charter schools.
9	14		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	15		SECTION 1. The heading to Chapter 250, Local Government
11	16		Code, is amended to read as follows:
12	17		CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF
13	18		MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS
14	19		SECTION 2. Chapter 250, Local Government Code, is amended
15	20		by adding Section 250.009 to read as follows:
16	21		Sec. 250.009. REGULATION OF CERTAIN FACILITIES AND
17	22		ACTIVITIES. (a) Each multiple-occupancy restroom, shower, and
18	23		changing facility of a political subdivision, including a public
19	24		school district, or an open-enrollment charter school must be
20	25		designated for and used only by persons of the same sex as stated on
21		-	a person's:
22		-	(1) birth certificate; or
23		-	(2) driver's license, personal identification
24		-	certificate, or license to carry a handgun, issued to the person by
25		-	the Department of Public Safety of the State of Texas.
26		-	(b) In an effort to ensure the right of each person to
27		-	participate in athletic activities and have access to restrooms,
28		-	locker rooms, showers, and changing facilities with privacy,
29		-	dignity, and safety, and except in accordance with federal law as
30		-	enacted by Congress and interpreted in controlling federal case law
31		-	and state law as enacted by the legislature and interpreted in
32		-	controlling case law of this state, a political subdivision,
33		-	including a public school district, or an open-enrollment charter
34		-	school may not adopt or enforce an order, ordinance, policy, or
35		-	other measure that:
36		-	(1) relates to the designation or use of a
37		-	multiple-occupancy restroom, shower, or changing facility;
38		-	(2) requires a private entity to adopt, or prohibits
39		-	the entity from adopting, a policy on the designation or use of the
40		-	entity's multiple-occupancy restrooms, showers, or changing
41		-	facilities; or
42		-	(3) allows a person whose birth certificate states
43		-	their sex as male to participate in athletic activities designated
44		-	for a person whose birth certificate states their sex as female.
45		-	(c) A private entity that leases or contracts to use a
46		-	building owned or leased by a political subdivision, including a
47		-	public school district, or an open-enrollment charter school is not
48		-	subject to Subsection (a). A political subdivision, including a
49		-	public school district, or an open-enrollment charter school may
50		-	not require the private entity to adopt, or prohibit the private
51		-	entity from adopting, a policy on the designation or use of
52		-	restrooms, showers, or changing facilities located in the building.
53		-	(d) This section may be enforced only through an action
	26	+	a person's birth certificate.
	27	+	(b) Except in accordance with federal law as enacted by
	28	+	Congress and interpreted in controlling federal case law and state
	29	+	law as enacted by the legislature and interpreted in controlling
	30	+	case law of this state, a political subdivision, including a public
	31	+	school district, or an open-enrollment charter school may not adopt
	32	+	or enforce an order, ordinance, policy, or other measure to protect
	33	+	a class of persons from discrimination to the extent that the order,
	34	+	ordinance, policy, or other measure regulates:
	35	+	(1) access to multiple-occupancy restrooms, showers,
	36	+	or changing facilities; or
	37	+	(2) participation in athletic activities.
	38	+	(c) This section may be enforced only through an action
54	39		instituted by the attorney general for mandamus or injunctive
55	40		relief. The attorney general may recover costs and attorney's fees
56	41		related to enforcing this section.
57		-	(e) This section does not preclude a political subdivision,
58		-	including a public school district, or an open-enrollment charter
59		-	school from adopting an ordinance, order, policy, or other measure
60		-	regarding the use of a restroom, shower, or changing facility by a
61		-	person not of the designated sex to:
62		-	(1) assist in the restroom, shower, or changing
63		-	facility:
64		-	(A) a person with a disability;
65		-	(B) a child under the age of eight; or
66		-	(C) an elderly person.
67		-	(2) be assisted in the restroom, shower, or changing
68		-	facility, if the person is a person described by Subdivision
69		-	(1)(A), (B), or (C);
70		-	(3) render medical or other emergency assistance; or
71		-	(4) maintain the restroom, shower, or changing
72		-	facility when the restroom, shower, or changing facility is not in
73		-	use.
74		-	(f) This section does not prohibit a political subdivision,
75		-	including a public school district, or an open-enrollment charter
76		-	school from providing an accommodation, including a
77		-	single-occupancy restroom, shower, or changing facility or the
78		-	controlled use of a faculty restroom, shower, or changing facility,
79		-	on request due to special circumstances.
80		-	SECTION 3. Subchapter Z, Chapter 2252, Government Code, is
81		-	amended by adding Section 2252.909 to read as follows:
82		-	Sec. 2252.909. CONSIDERATION OF CERTAIN POLICIES
83		-	PROHIBITED. In awarding a contract for the purchase of goods or
84		-	services, a political subdivision, including a public school
85		-	district, or an open-enrollment charter school may not consider
86		-	whether a private entity competing for the contract has adopted a
87		-	policy relating to the designation or use of the entity's bathrooms
88		-	or changing facilities.
89		-	SECTION 4. This Act takes effect immediately if it receives
	42	+	SECTION 3. This Act takes effect immediately if it receives
90	43		a vote of two-thirds of all the members elected to each house, as
91	44		provided by Section 39, Article III, Texas Constitution. If this
92	45		Act does not receive the vote necessary for immediate effect, this
93	46		Act takes effect on the 91st day after the last day of the
94	47		legislative session.
	48	+	* * * * *