Texas 2025 - 89th Regular

Texas House Bill HB1015 Compare Versions

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

Old	New	Differences
1	1	By: Toth H.B. No. 1015
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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.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Chapter 38, Education Code, is amended by adding
12	12	Subchapter I to read as follows:
13	13	SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND
14	14	CHANGING FACILITIES
15	15	Sec. 38.451. DEFINITIONS. In this subchapter:
16	16	(1) "Multiple-occupancy bathroom or changing
17	17	facility" means a facility designed or designated for use by more
18	18	than one person at a time, where a person may be in a state of
19	19	undress in the presence of another person, regardless of whether
20	20	the facility provides curtains or partial walls for privacy. The
21	21	term includes a restroom, locker room, changing room, or shower
22	22	room.
23	23	(2) "Single-occupancy bathroom or changing facility"
24	24	means a facility designed or designated for use by only one person
25	25	at a time, where a person may be in a state of undress, including a
26	26	single toilet restroom with a locking door that is designed or
27	27	designated as unisex or for use based on biological sex.
28	28	Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For
29	29	purposes of this subchapter, a person's biological sex is the
30	30	biological sex correctly stated on the person's official birth
31	31	certificate as described by Subsection (b).
32	32	(b) A statement of a person's biological sex on the person's
33	33	official birth certificate is considered to have correctly stated
34	34	the person's biological sex only if the statement was:
35	35	(1) entered at or near the time of the person's birth;
36	36	or
37	37	(2) modified to correct a scrivener or clerical error
38	38	in the person's biological sex.
39	39	Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
40	40	CHANGING FACILITY. A school district or open-enrollment charter
41	41	school shall require that each multiple-occupancy bathroom or
42	42	changing facility accessible to students and located in a school or
43	43	school facility be designated for and used only by persons based on
44	44	the person's biological sex.
45	45	Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This
46	46	subchapter does not prohibit a school district or open-enrollment
47	47	charter school from providing an accommodation, including a
48	48	single-occupancy bathroom or changing facility or the controlled
49	49	use of a faculty bathroom or changing facility, on request due to
50	50	special circumstances.
51	51	(b) A school district or open-enrollment charter school may
52	52	not provide an accommodation that allows a person to use a
53	53	multiple-occupancy bathroom or changing facility accessible to
54	54	students that is designated for the biological sex opposite to the
55	55	person's biological sex.
56	56	Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private
57	57	entity that leases or contracts to use a building owned or leased by
58	58	a school district or open-enrollment charter school is not subject
59	59	to Section 38.453.
60	60	(b) A school district or open-enrollment charter school may
61	61	not require a private entity described by Subsection (a) to adopt,
62	62	or prohibit the private entity from adopting, a policy on the
63	63	designation or use of bathrooms or changing facilities located in
64	64	the building.
65	65	Sec. 38.456. EXCEPTIONS. A designation of a multiple-
66	66	occupancy bathroom or changing facility under Section 38.453 does
67	67	not apply to a person entering a multiple-occupancy bathroom or
68	68	changing facility designated for the biological sex opposite to the
69	69	person's biological sex:
70	70	(1) for a custodial purpose;
71	71	(2) for a maintenance or inspection purpose;
72	72	(3) to render medical or other emergency assistance;
73	73	(4) to accompany a student needing assistance in using
74	74	the facility, if the assisting person is:
75	75	(A) an employee or authorized volunteer of the
76	76	school district or open-enrollment charter school; or
77	77	(B) the student's parent, guardian, conservator,
78	78	or authorized caregiver;
79	79	(5) to accompany a person other than a student needing
80	80	assistance in using the facility; or
81	81	(6) to receive assistance in using the facility.
82	82	Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED.
83	83	In awarding a contract for the purchase of goods or services, a
84	84	school district or open-enrollment charter school may not consider
85	85	whether a private entity competing for the contract has adopted a
86	86	policy relating to the designation or use of the entity's bathrooms
87	87	or changing facilities.
88	88	SECTION 2. This Act takes effect September 1, 2025.