Texas 2023 - 88th Regular

Texas House Bill HB5235 Compare Versions

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1	1	By: Toth H.B. No. 5235
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to regulations and policies for entering or using a
7	7	bathroom or changing facility in a public school; authorizing a
8	8	civil penalty, authorizing a private civil right of action.
9	9	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
10	10	SECTION 1. Chapter 38, Education Code, is amended by adding
11	11	Subchapter I to read as follows:
12	12	SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND CHANGING
13	13	FACILITIES
14	14	Sec. 38.451. DEFINITIONS. In this subchapter:
15	15	(1) "Multiple-occupancy bathroom or changing
16	16	facility" means a facility designed or designated for use by more
17	17	than one person at a time, where a person may be in a state of
18	18	undress in the presence of another person, regardless of whether
19	19	the facility provides curtains or partial walls for privacy. The
20	20	term includes a restroom, locker room, changing room, or shower
21	21	room.
22	22	(2) "Single-occupancy bathroom or changing facility"
23	23	means a facility designed or designated for use by only one person
24	24	at a time, where a person may be in a state of undress, including a
25	25	single toilet restroom with a locking door that is designed or
26	26	designated as unisex or for use based on biological sex.
27	27	Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For
28	28	purposes of this subchapter, a person's biological sex is the
29	29	biological sex correctly stated on the person's official birth
30	30	certificate as described by Subsection (b).
31	31	(b) A statement of a person's biological sex on the person's
32	32	official birth certificate is considered to have correctly stated
33	33	the person's biological sex only if the statement was:
34	34	(1) entered at or near the time of the person's birth;
35	35	or
36	36	(2) modified to correct a scrivener or clerical error
37	37	in the person's biological sex.
38	38	Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
39	39	CHANGING FACILITY. A school district or open-enrollment charter
40	40	school shall require that each multiple-occupancy bathroom or
41	41	changing facility accessible to students and located in a school or
42	42	school facility be designated for and used only by persons based on
43	43	the person's biological sex.
44	44	Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This
45	45	subchapter does not prohibit a school district or open-enrollment
46	46	charter school from providing an accommodation, including a
47	47	single-occupancy bathroom or changing facility or the controlled
48	48	use of a faculty bathroom or changing facility, on request due to
49	49	special circumstances.
50	50	(b) A school district or open-enrollment charter school may
51	51	not provide an accommodation that allows a person to use a
52	52	multiple-occupancy bathroom or changing facility accessible to
53	53	students that is designated for the biological sex opposite to the
54	54	person's biological sex.
55	55	Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private
56	56	entity that leases or contracts to use a building owned or leased by
57	57	a school district or open-enrollment charter school is not subject
58	58	to Section 38.453.
59	59	(b) A school district or open-enrollment charter school may
60	60	not require a private entity described by Subsection (a) to adopt,
61	61	or prohibit the private entity from adopting, a policy on the
62	62	designation or use of bathrooms or changing facilities located in
63	63	the building.
64	64	Sec. 38.456. EXCEPTIONS. A designation of a
65	65	multiple-occupancy bathroom or changing facility under Section
66	66	38.453 does not apply to a person entering a multiple-occupancy
67	67	bathroom or changing facility designated for the biological sex
68	68	opposite to the person's biological sex:
69	69	(1) for a custodial purpose;
70	70	(2) for a maintenance or inspection purpose;
71	71	(3) to render medical or other emergency assistance;
72	72	(4) to accompany a student needing assistance in using
73	73	the facility, if the assisting person is:
74	74	(A) an employee or authorized volunteer of the
75	75	school district or open-enrollment charter school; or
76	76	(B) the student's parent, guardian, conservator,
77	77	or authorized caregiver;
78	78	(5) to accompany a person other than a student needing
79	79	assistance in using the facility; or
80	80	(6) to receive assistance in using the facility.
81	81	Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED.
82	82	In awarding a contract for the purchase of goods or services, a
83	83	school district or open-enrollment charter school may not consider
84	84	whether a private entity competing for the contract has adopted a
85	85	policy relating to the designation or use of the entity's bathrooms
86	86	or changing facilities.
87	87	Sec. 38.457. CIVIL LIABILITY. (a) Notwithstanding any
88	88	other law and except as provided by this section, a district who
89	89	violates this chapter is strictly and jointly and severally liable
90	90	for the personal injury of a student or faculty member as a result
91	91	of a school district or open-enrollment charter school’s policy to
92	92	allow persons from either biological sex to access the same
93	93	multiple-occupancy bathroom or changing facility.
94	94	(b) A claimant may not bring an action under this section if
95	95	the action is preempted by 47 U.S.C. Section 230(c).
96	96	(c) A district who violates a student’s right to privacy
97	97	prescribed by this chapter is liable for a civil penalty in the
98	98	amount of $100,000 for each violation. Civil penalties assessed
99	99	under this chapter shall be deposited in the general revenue fund.
100	100	(d) The attorney general may bring an action to collect the
101	101	civil penalty imposed under Subsection (a).
102	102	SECTION 2. This Act takes effect September 1, 2023.