Texas 2025 - 89th Regular

Texas House Bill HB1014 Compare Versions

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

Old	New	Differences
1	1	By: Toth H.B. No. 1014
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6	6	A BILL TO BE ENTITLED
7	7	AN ACT
8	8	relating to regulations and policies for entering or using a
9	9	bathroom or changing facility in a public school; authorizing a
10	10	civil penalty, authorizing a private civil right of action.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. Chapter 38, Education Code, is amended by adding
13	13	Subchapter I to read as follows:
14	14	SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND
15	15	CHANGING FACILITIES
16	16	Sec. 38.451. DEFINITIONS. In this subchapter:
17	17	(1) "Multiple-occupancy bathroom or changing
18	18	facility" means a facility designed or designated for use by more
19	19	than one person at a time, where a person may be in a state of
20	20	undress in the presence of another person, regardless of whether
21	21	the facility provides curtains or partial walls for privacy. The
22	22	term includes a restroom, locker room, changing room, or shower
23	23	room.
24	24	(2) "Single-occupancy bathroom or changing facility"
25	25	means a facility designed or designated for use by only one person
26	26	at a time, where a person may be in a state of undress, including a
27	27	single toilet restroom with a locking door that is designed or
28	28	designated as unisex or for use based on biological sex.
29	29	Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For
30	30	purposes of this subchapter, a person's biological sex is the
31	31	biological sex correctly stated on the person's official birth
32	32	certificate as described by Subsection (b).
33	33	(b) A statement of a person's biological sex on the person's
34	34	official birth certificate is considered to have correctly stated
35	35	the person's biological sex only if the statement was:
36	36	(1) entered at or near the time of the person's birth;
37	37	or
38	38	(2) modified to correct a scrivener or clerical error
39	39	in the person's biological sex.
40	40	Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
41	41	CHANGING FACILITY. A school district or open-enrollment charter
42	42	school shall require that each multiple-occupancy bathroom or
43	43	changing facility accessible to students and located in a school or
44	44	school facility be designated for and used only by persons based on
45	45	the person's biological sex.
46	46	Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This
47	47	subchapter does not prohibit a school district or open-enrollment
48	48	charter school from providing an accommodation, including a
49	49	single-occupancy bathroom or changing facility or the controlled
50	50	use of a faculty bathroom or changing facility, on request due to
51	51	special circumstances.
52	52	(b) A school district or open-enrollment charter school may
53	53	not provide an accommodation that allows a person to use a
54	54	multiple-occupancy bathroom or changing facility accessible to
55	55	students that is designated for the biological sex opposite to the
56	56	person's biological sex.
57	57	Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private
58	58	entity that leases or contracts to use a building owned or leased by
59	59	a school district or open-enrollment charter school is not subject
60	60	to Section 38.453.
61	61	(b) A school district or open-enrollment charter school may
62	62	not require a private entity described by Subsection (a) to adopt,
63	63	or prohibit the private entity from adopting, a policy on the
64	64	designation or use of bathrooms or changing facilities located in
65	65	the building.
66	66	Sec. 38.456. EXCEPTIONS. A designation of a multiple-
67	67	occupancy bathroom or changing facility under Section 38.453 does
68	68	not apply to a person entering a multiple-occupancy bathroom or
69	69	changing facility designated for the biological sex opposite to the
70	70	person's biological sex:
71	71	(1) for a custodial purpose;
72	72	(2) for a maintenance or inspection purpose;
73	73	(3) to render medical or other emergency assistance;
74	74	(4) to accompany a student needing assistance in using
75	75	the facility, if the assisting person is:
76	76	(A) an employee or authorized volunteer of the
77	77	school district or open-enrollment charter school; or
78	78	(B) the student's parent, guardian, conservator,
79	79	or authorized caregiver;
80	80	(5) to accompany a person other than a student needing
81	81	assistance in using the facility; or
82	82	(6) to receive assistance in using the facility.
83	83	Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED.
84	84	In awarding a contract for the purchase of goods or services, a
85	85	school district or open-enrollment charter school may not consider
86	86	whether a private entity competing for the contract has adopted a
87	87	policy relating to the designation or use of the entity's bathrooms
88	88	or changing facilities.
89	89	Sec. 38.457. CIVIL LIABILITY. (a) Notwithstanding any
90	90	other law and except as provided by this section, a district who
91	91	violates this chapter is strictly and jointly and severally liable
92	92	for the personal injury of a student or faculty member as a result
93	93	of a school district or open-enrollment charter school's policy to
94	94	allow persons from either biological sex to access the same
95	95	multiple-occupancy bathroom or changing facility.
96	96	(b) A claimant may not bring an action under this section if
97	97	the action is preempted by 47 U.S.C. Section 230(c).
98	98	(c) A district who violates a student's right to privacy
99	99	prescribed by this chapter is liable for a civil penalty in the
100	100	amount of $100,000 for each violation. Civil penalties assessed
101	101	under this chapter shall be deposited in the general revenue fund.
102	102	(d) The attorney general may bring an action to collect the
103	103	civil penalty imposed under Subsection (a).
104	104	SECTION 2. This Act takes effect September 1, 2025.