88R6742 CXP-D
By: Toth H.B. No. 5236
A BILL TO BE ENTITLED
AN ACT
relating to regulations and policies for entering or using a
bathroom or changing facility in a public school.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 38, Education Code, is amended by adding
Subchapter I to read as follows:
SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND
CHANGING FACILITIES
Sec. 38.451. DEFINITIONS. In this subchapter:
(1) "Multiple-occupancy bathroom or changing
facility" means a facility designed or designated for use by more
than one person at a time, where a person may be in a state of
undress in the presence of another person, regardless of whether
the facility provides curtains or partial walls for privacy. The
term includes a restroom, locker room, changing room, or shower
room.
(2) "Single-occupancy bathroom or changing facility"
means a facility designed or designated for use by only one person
at a time, where a person may be in a state of undress, including a
single toilet restroom with a locking door that is designed or
designated as unisex or for use based on biological sex.
Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For
purposes of this subchapter, a person's biological sex is the
biological sex correctly stated on the person's official birth
certificate as described by Subsection (b).
(b) A statement of a person's biological sex on the person's
official birth certificate is considered to have correctly stated
the person's biological sex only if the statement was:
(1) entered at or near the time of the person's birth;
or
(2) modified to correct a scrivener or clerical error
in the person's biological sex.
Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
CHANGING FACILITY. A school district or open-enrollment charter
school shall require that each multiple-occupancy bathroom or
changing facility accessible to students and located in a school or
school facility be designated for and used only by persons based on
the person's biological sex.
Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This
subchapter does not prohibit a school district or open-enrollment
charter school from providing an accommodation, including a
single-occupancy bathroom or changing facility or the controlled
use of a faculty bathroom or changing facility, on request due to
special circumstances.
(b) A school district or open-enrollment charter school may
not provide an accommodation that allows a person to use a
multiple-occupancy bathroom or changing facility accessible to
students that is designated for the biological sex opposite to the
person's biological sex.
Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private
entity that leases or contracts to use a building owned or leased by
a school district or open-enrollment charter school is not subject
to Section 38.453.
(b) A school district or open-enrollment charter school may
not require a private entity described by Subsection (a) to adopt,
or prohibit the private entity from adopting, a policy on the
designation or use of bathrooms or changing facilities located in
the building.
Sec. 38.456. EXCEPTIONS. A designation of a
multiple-occupancy bathroom or changing facility under Section
38.453 does not apply to a person entering a multiple-occupancy
bathroom or changing facility designated for the biological sex
opposite to the person's biological sex:
(1) for a custodial purpose;
(2) for a maintenance or inspection purpose;
(3) to render medical or other emergency assistance;
(4) to accompany a student needing assistance in using
the facility, if the assisting person is:
(A) an employee or authorized volunteer of the
school district or open-enrollment charter school; or
(B) the student's parent, guardian, conservator,
or authorized caregiver;
(5) to accompany a person other than a student needing
assistance in using the facility; or
(6) to receive assistance in using the facility.
Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED.
In awarding a contract for the purchase of goods or services, a
school district or open-enrollment charter school may not consider
whether a private entity competing for the contract has adopted a
policy relating to the designation or use of the entity's bathrooms
or changing facilities.
SECTION 2. This Act takes effect September 1, 2023.