| 1 | 1 | | 87R7982 EAS-D |
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| 2 | 2 | | By: Hernandez H.B. No. 2215 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to private spaces in certain buildings for diaper changing |
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| 8 | 8 | | stations. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Subchapter D, Chapter 341, Health and Safety |
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| 11 | 11 | | Code, is amended by adding Section 341.070 to read as follows: |
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| 12 | 12 | | Sec. 341.070. DIAPER CHANGING STATIONS. (a) In this |
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| 13 | 13 | | section: |
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| 14 | 14 | | (1) "Health facility" means a facility licensed under |
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| 15 | 15 | | Subtitle B, Title 4. |
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| 16 | 16 | | (2) "Historic structure" has the meaning assigned by |
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| 17 | 17 | | Section 442.001, Government Code. |
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| 18 | 18 | | (b) This section does not apply to: |
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| 19 | 19 | | (1) a restroom renovation with an estimated cost of |
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| 20 | 20 | | less than $10,000; |
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| 21 | 21 | | (2) the construction or renovation of a building for |
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| 22 | 22 | | which the governmental entity issuing a building permit for the |
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| 23 | 23 | | construction or renovation determines that installing a diaper |
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| 24 | 24 | | changing station would: |
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| 25 | 25 | | (A) be infeasible; |
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| 26 | 26 | | (B) result in noncompliance with federal, state, |
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| 27 | 27 | | or local health, life safety, or building code requirements; or |
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| 28 | 28 | | (C) limit the accessibility of a restroom to a |
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| 29 | 29 | | person with a disability; |
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| 30 | 30 | | (3) an industrial building, nightclub, bar, |
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| 31 | 31 | | retirement community, or other establishment that restricts access |
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| 32 | 32 | | to the premises based on age; |
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| 33 | 33 | | (4) a health facility with single-occupancy |
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| 34 | 34 | | restrooms; |
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| 35 | 35 | | (5) a historic structure; |
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| 36 | 36 | | (6) a restaurant with a seating capacity of less than |
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| 37 | 37 | | 50 persons; or |
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| 38 | 38 | | (7) a building in which a centrally located diaper |
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| 39 | 39 | | changing station is available for public use within 300 feet of an |
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| 40 | 40 | | entrance to the building. |
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| 41 | 41 | | (c) A person who engages in or contracts for the |
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| 42 | 42 | | construction of a building, or the renovation of the restrooms of a |
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| 43 | 43 | | building, with one or more restrooms accessible to the public, |
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| 44 | 44 | | including a building owned or leased by this state or a political |
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| 45 | 45 | | subdivision of this state, shall provide a private space for a |
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| 46 | 46 | | diaper changing station that is available to the public in a shared |
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| 47 | 47 | | restroom or space, or in each restroom or space designated as a |
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| 48 | 48 | | diaper changing station. |
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| 49 | 49 | | (d) Each diaper changing station shall be maintained, |
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| 50 | 50 | | repaired, and replaced as necessary and cleaned with the same |
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| 51 | 51 | | frequency as a restroom in the building. |
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| 52 | 52 | | SECTION 2. The changes in law made by this Act apply only to |
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| 53 | 53 | | the construction or renovation of a building with restrooms |
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| 54 | 54 | | accessible to the general public that begins on or after January 1, |
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| 55 | 55 | | 2022. |
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| 56 | 56 | | SECTION 3. This Act takes effect September 1, 2021. |
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