| 1 | 1 | | 88R9763 CXP-D |
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| 2 | 2 | | By: Toth H.B. No. 5256 |
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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 a public school policy regarding multi-occupancy |
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| 8 | 8 | | bathrooms or changing facilities. |
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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 A, Chapter 38, Education Code, is |
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| 11 | 11 | | amended by adding Section 38.044 to read as follows: |
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| 12 | 12 | | Sec. 38.044. POLICY REGARDING MULTI-OCCUPANCY BATHROOM OR |
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| 13 | 13 | | CHANGING FACILITY. (a) In this section, "multi-occupancy bathroom |
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| 14 | 14 | | or changing facility" means a facility designed or designated for |
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| 15 | 15 | | use by more than one person at a time, where a person may be in a |
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| 16 | 16 | | state of undress in the presence of another person, regardless of |
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| 17 | 17 | | whether the facility provides curtains or partial walls for |
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| 18 | 18 | | privacy. The term includes a restroom, locker room, changing room, |
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| 19 | 19 | | or shower room. |
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| 20 | 20 | | (b) A school district shall ensure that any policy adopted |
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| 21 | 21 | | by the district regarding multi-occupancy bathrooms or changing |
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| 22 | 22 | | facilities protects: |
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| 23 | 23 | | (1) the health, safety, and welfare of students; |
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| 24 | 24 | | (2) the confidentiality of student educational |
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| 25 | 25 | | information as required under state and federal law, including the |
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| 26 | 26 | | Family Educational Rights and Privacy Act of 1974 (20 U.S.C. |
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| 27 | 27 | | Section 1232g); and |
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| 28 | 28 | | (3) the privacy interests of all students and the |
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| 29 | 29 | | students' parents. |
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| 30 | 30 | | (c) If a school district adopts a policy that allows for |
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| 31 | 31 | | separation of multi-occupancy bathrooms or changing facilities |
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| 32 | 32 | | according to a criterion other than a person's biological sex |
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| 33 | 33 | | assigned at birth, the policy must: |
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| 34 | 34 | | (1) include: |
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| 35 | 35 | | (A) a description of: |
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| 36 | 36 | | (i) which multi-occupancy bathrooms or |
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| 37 | 37 | | changing facilities are not separated by biological sex assigned at |
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| 38 | 38 | | birth; and |
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| 39 | 39 | | (ii) if a multi-occupancy bathroom or |
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| 40 | 40 | | changing facility is not separated by biological sex assigned at |
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| 41 | 41 | | birth, the method by which students will be supervised in that |
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| 42 | 42 | | facility and the manner in which that method of supervision ensures |
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| 43 | 43 | | the safety and privacy of students; and |
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| 44 | 44 | | (B) accommodations or modifications for students |
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| 45 | 45 | | who wish to use a multi-occupancy bathroom or changing facility |
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| 46 | 46 | | separated by biological sex assigned at birth; and |
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| 47 | 47 | | (2) be: |
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| 48 | 48 | | (A) posted on the district's Internet website; |
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| 49 | 49 | | and |
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| 50 | 50 | | (B) provided at the beginning of each school year |
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| 51 | 51 | | by mail to each parent of a student enrolled in the district. |
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| 52 | 52 | | (d) The requirements under Subsection (c) do not apply to a |
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| 53 | 53 | | faculty bathroom that is not accessible to students. |
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| 54 | 54 | | SECTION 2. This Act applies beginning with the 2023-2024 |
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| 55 | 55 | | school year. |
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| 56 | 56 | | SECTION 3. This Act takes effect immediately if it receives |
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| 57 | 57 | | a vote of two-thirds of all the members elected to each house, as |
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| 58 | 58 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 59 | 59 | | Act does not receive the vote necessary for immediate effect, this |
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| 60 | 60 | | Act takes effect September 1, 2023. |
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