Texas 2017 - 85th 1st C.S.

Texas Senate Bill SB65 Compare Versions

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

Old	New	Differences
1	1	85S10798 LED-F
2	2	By: Garcia S.B. No. 65
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to regulations and policies for entering or using a
8	8	bathroom or changing facility in buildings operated by certain
9	9	governmental entities and public schools; authorizing a civil
10	10	penalty.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Subtitle A, Title 9, Health and Safety Code, is
13	13	amended by adding Chapter 769 to read as follows:
14	14	CHAPTER 769. GOVERNMENTAL ENTITY AND PUBLIC SCHOOL BATHROOMS AND
15	15	CHANGING FACILITIES
16	16	Sec. 769.001. DEFINITIONS. In this chapter:
17	17	(1) "Gender expression" means the external appearance
18	18	of an individual's gender identity that is usually expressed
19	19	through the individual's behavior, clothing, haircut, or voice,
20	20	regardless of whether the individual's appearance conforms to
21	21	socially defined behaviors and characteristics typically
22	22	associated with being either masculine or feminine.
23	23	(2) "Gender identity" means an individual's innermost
24	24	concept, perception, and identification of self as male, female, a
25	25	blend of both, or neither. Gender identity may be the same as or
26	26	different from the sex assigned to an individual at birth.
27	27	(3) "Open-enrollment charter school" means a school to
28	28	which a charter is granted under Subchapter D, Chapter 12,
29	29	Education Code.
30	30	(4) "Political subdivision" means a governmental
31	31	entity of this state other than a state agency or a school district.
32	32	The term includes a county, municipality, hospital district,
33	33	special purpose district or authority, and junior college district.
34	34	(5) "Public hospital" means a hospital owned,
35	35	operated, or leased by a governmental entity of this state.
36	36	(6) "School district" means any public school district
37	37	in this state.
38	38	(7) "State agency" means a department, commission,
39	39	board, office, council, authority, or other agency in the
40	40	executive, legislative, or judicial branch of state government
41	41	created by the constitution or a statute of this state, including an
42	42	institution of higher education as defined by Section 61.003,
43	43	Education Code.
44	44	Sec. 769.002. APPLICABILITY. This chapter applies to:
45	45	(1) an open-enrollment charter school;
46	46	(2) a political subdivision;
47	47	(3) a public hospital;
48	48	(4) a school district; and
49	49	(5) a state agency.
50	50	Sec. 769.003. USE OF BATHROOM OR CHANGING FACILITY. An
51	51	entity listed in Section 769.002 with control over a bathroom or
52	52	changing facility in a building owned or leased by the entity shall
53	53	allow a person to use a bathroom or changing facility located in the
54	54	building consistent with the person's gender identity or gender
55	55	expression.
56	56	Sec. 769.004. CIVIL PENALTY. (a) An entity listed in
57	57	Section 769.002 that violates this chapter is liable for a civil
58	58	penalty of:
59	59	(1) not less than $1,000 and not more than $1,500 for
60	60	the first violation; and
61	61	(2) not less than $10,000 and not more than $10,500 for
62	62	the second or a subsequent violation.
63	63	(b) Each day of a continuing violation of this chapter
64	64	constitutes a separate violation.
65	65	Sec. 769.005. COMPLAINT; NOTICE. (a) A citizen of this
66	66	state may file with the attorney general a complaint alleging an
67	67	entity is in violation of this chapter only if:
68	68	(1) the citizen provides the entity a written notice
69	69	describing the violation; and
70	70	(2) the entity does not cure the violation before the
71	71	end of the third business day after the date of receipt of the
72	72	written notice.
73	73	(b) A complaint filed under this section must include:
74	74	(1) a copy of the written notice; and
75	75	(2) a signed statement by the citizen describing the
76	76	violation and indicating the citizen provided the notice required
77	77	by this section.
78	78	Sec. 769.006. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
79	79	AND NOTICE. (a) Before bringing a suit against an entity for a
80	80	violation of this chapter, the attorney general shall investigate a
81	81	complaint filed under Section 769.005 to determine whether legal
82	82	action is warranted.
83	83	(b) If the attorney general determines legal action is
84	84	warranted, the attorney general shall provide the appropriate
85	85	officer of the entity charged with the violation a written notice
86	86	that:
87	87	(1) describes the violation and location of the
88	88	bathroom or changing facility found to be in violation;
89	89	(2) states the amount of the proposed penalty for the
90	90	violation; and
91	91	(3) requires the entity to cure the violation on or
92	92	before the 15th day after the date of receipt of notice to avoid the
93	93	penalty, unless the entity was found liable by a court for
94	94	previously violating this chapter.
95	95	Sec. 769.007. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
96	96	If, after receipt of notice under Section 769.006(b), the entity
97	97	has not cured the violation on or before the 15th day after the date
98	98	the notice is provided as required under Section 769.006(b)(3), the
99	99	attorney general may sue to collect the civil penalty provided by
100	100	Section 769.004.
101	101	(b) In addition to filing suit under Subsection (a), the
102	102	attorney general may also file a petition for a writ of mandamus or
103	103	apply for other appropriate equitable relief.
104	104	(c) A suit or petition under this section may be filed in a
105	105	district court in:
106	106	(1) Travis County; or
107	107	(2) a county in which the principal office of the
108	108	entity is located.
109	109	(d) The attorney general may recover reasonable expenses
110	110	incurred in obtaining relief under this section, including court
111	111	costs, reasonable attorney's fees, investigative costs, witness
112	112	fees, and deposition costs.
113	113	(e) A civil penalty collected by the attorney general under
114	114	this section shall be deposited to the credit of the compensation to
115	115	victims of crime fund established under Subchapter B, Chapter 56,
116	116	Code of Criminal Procedure.
117	117	Sec. 769.008. SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
118	118	Sovereign and governmental immunity to suit are waived and
119	119	abolished to the extent of liability created by this chapter.
120	120	SECTION 2. This Act takes effect December 1, 2017.