Texas 2025 - 89th Regular

Texas House Bill HB2062 Compare Versions

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

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1	1	By: Holt H.B. No. 2062
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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 certain
9	9	private spaces; authorizing a civil penalty.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. This Act may be cited as the Texas Women's
12	12	Privacy Act.
13	13	SECTION 2. Subtitle Z, Government Code, is amended by
14	14	adding Chapter 3001 to read as follows:
15	15	CHAPTER 3001. GOVERNMENTAL ACTION AFFECTING CERTAIN PRIVATE
16	16	SPACES.
17	17	Sec. 3001.001. DEFINITIONS. In this chapter:
18	18	(1) "Biological sex" means the physical condition of
19	19	being male or female, as determined by:
20	20	(A) the sex organs, chromosomes, and endogenous
21	21	profiles of a person; and
22	22	(B) a person's original birth certificate, if the
23	23	biological sex is correctly stated on the birth certificate, as
24	24	indicated by the biological sex being:
25	25	(1) entered at or near the time of birth; or
26	26	(2) modified only to correct a scrivener or clerical
27	27	error in the biological sex.
28	28	(2) "Correctional facility" has the meaning assigned
29	29	by Section 1.07, Penal Code.
30	30	(3) "Family violence shelter" means a family violence
31	31	shelter center or a family violence nonresidential center, as
32	32	defined by Section 51.002, Human Resources Code, partaking in a
33	33	contract as established by Section 51.003, Human Resources Code.
34	34	(4) "Political subdivision" means a governmental
35	35	entity of this state that is not a state agency and includes a
36	36	county, municipality, special purpose district or authority,
37	37	school district, open-enrollment charter school, and junior
38	38	college district.
39	39	(5) "Private space" means a facility designed or
40	40	designated for use by more than one person at a time, where a person
41	41	may be in a state of undress in the presence of another person,
42	42	regardless of whether the facility provides curtains or partial
43	43	walls for privacy. The term includes a restroom, locker room,
44	44	changing room, shower room, family violence shelter, correctional
45	45	facility, and sleeping quarter.
46	46	(6) "Single-occupancy private space" means a facility
47	47	designed or designated for use by only one person at a time, where a
48	48	person may be in a state of undress, including a single toilet
49	49	restroom with a locking door that is designed or designated as
50	50	unisex or for use based on biological sex or a sleeping quarter that
51	51	accommodates a single occupant.
52	52	(7) "State agency" means a department, commission,
53	53	board, office, council, authority, or other agency in the
54	54	executive, legislative, or judicial branch of state government
55	55	that is created by the constitution or a statute of this state,
56	56	including an institution of higher education as defined by Section
57	57	61.003, Education Code.
58	58	Sec. 3001.002. SAFETY AND PRIVACY IN PRIVATE SPACES.
59	59	(a) A political subdivision or state agency shall require each
60	60	private space located within a facility owned, operated, or
61	61	controlled by the political subdivision or state agency be
62	62	designated for and used only by persons based on the person's
63	63	biological sex.
64	64	(b) Nothing in this section shall be construed to prohibit
65	65	a political subdivision or state agency from:
66	66	(1) adopting policies necessary to accommodate
67	67	persons protected under the Americans with Disabilities Act, young
68	68	children in need of assistance, or elderly persons requiring aid;
69	69	(2) establishing single-occupancy private spaces or
70	70	family restrooms, changing rooms, or sleeping quarters; or
71	71	(3) redesignating a private space designated for
72	72	exclusive use by one sex to a designation for exclusive use by the
73	73	opposite sex.
74	74	Sec. 3001.003. ACCOMMODATIONS AUTHORIZED. This chapter
75	75	does not prohibit a political subdivision or state agency from
76	76	providing an accommodation, including a single-occupancy private
77	77	space, on request due to special circumstances. The political
78	78	subdivision or state agency may not provide an accommodation that
79	79	allows a person to use a private space designated for the biological
80	80	sex opposite to the person's biological sex.
81	81	Sec. 3001.004. EXCEPTIONS. A designation of a private
82	82	space under Section 3001.002 does not apply to:
83	83	(1) a person entering a private space designated for the
84	84	biological sex opposite to the person's biological sex:
85	85	(A) for a custodial purpose;
86	86	(B) for a maintenance or inspection purpose;
87	87	(C) to render medical or other emergency
88	88	assistance;
89	89	(D) to accompany a person needing assistance in
90	90	using the facility;
91	91	(E) to receive assistance in using the facility;
92	92	or
93	93	(2) a child who is:
94	94	(A) younger than 10 years of age entering a
95	95	private space designated for the biological sex opposite to the
96	96	child's biological sex; and
97	97	(B) accompanying a person caring for the child.
98	98	Sec. 3001.005. CIVIL PENALTY. (a) A political subdivision
99	99	or state agency that violates this chapter is liable for a civil
100	100	penalty of:
101	101	(1) $5,000 for the first violation; and
102	102	(2) $25,000 for the second or a subsequent violation.
103	103	(b) Each day of a continuing violation of this chapter
104	104	constitutes a separate violation.
105	105	Sec. 3001.006. COMPLAINT; NOTICE.(a) A citizen of this
106	106	state may file a complaint with the attorney general that a
107	107	political subdivision or state agency is in violation of this
108	108	chapter only if:
109	109	(1) the citizen provides the political subdivision or
110	110	state agency a written notice that describes the violation; and
111	111	(2) the political subdivision or state agency does not
112	112	cure the violation before the end of the third business day after
113	113	the date of receiving the written notice.
114	114	(b) A complaint filed under this section must include:
115	115	(1) a copy of the written notice; and
116	116	(2) the citizen's sworn statement or affidavit
117	117	describing the violation and indicating that the citizen provided
118	118	the notice required by this section.
119	119	Sec. 3001.007. DUTIES OF ATTORNEY GENERAL:INVESTIGATION
120	120	AND NOTICE. (a) Before bringing a suit against a political
121	121	subdivision or state agency for a violation of this chapter, the
122	122	attorney general shall investigate a complaint filed under Section
123	123	3001.006 to determine whether legal action is warranted.
124	124	(b) The political subdivision or state agency that is the
125	125	subject of the complaint shall provide to the attorney general any
126	126	information the attorney general requests in connection with the
127	127	complaint, including:
128	128	(1) supporting documents related to the complaint; and
129	129	(2) a statement regarding whether the entity has
130	130	complied or intends to comply with this chapter.
131	131	(c) If the attorney general determines that legal action is
132	132	warranted, the attorney general shall provide the appropriate
133	133	officer of the political subdivision or state agency charged with
134	134	the violation a written notice that:
135	135	(1) describes the violation and location of the
136	136	private space found to be in violation;
137	137	(2) states the amount of the proposed penalty for the
138	138	violation; and
139	139	(3) requires the political subdivision or state agency
140	140	to cure the violation on or before the 15th day after the date the
141	141	notice is received to avoid the penalty, unless the political
142	142	subdivision or state agency was found liable by a court for
143	143	previously violating this chapter.
144	144	Sec. 3001.008. COLLECTION OF CIVIL PENALTY; MANDAMUS.
145	145	(a) If, after receipt of notice under Section 3001.007(c), the
146	146	political subdivision or state agency has not cured the violation
147	147	on or before the 15th day after the date the notice is provided
148	148	under Section 3001.007(c)(3), the attorney general may sue to
149	149	collect the civil penalty provided by Section 3001.005.
150	150	(b) In addition to filing suit under Subsection (a), the
151	151	attorney general may also file a petition for a writ of mandamus or
152	152	apply for other appropriate equitable relief.
153	153	(c) A suit or petition under this section may be filed in a
154	154	district court in:
155	155	(1) Travis County; or
156	156	(2) a county in which the principal office of the
157	157	political subdivision or state agency is located.
158	158	(d) The attorney general shall recover reasonable expenses
159	159	incurred in obtaining relief under this section, including court
160	160	costs, reasonable attorney's fees, investigative costs, witness
161	161	fees, and deposition costs.
162	162	(e) A civil penalty collected by the attorney general under
163	163	this section shall be deposited to the credit of the compensation to
164	164	victims of crime fund established under Subchapter B, Chapter 56,
165	165	Code of Criminal Procedure.
166	166	(f) A person may bring a civil action for declaratory
167	167	relief, injunctive relief, and reasonable attorney's fees and
168	168	costs against a political subdivision or state agency that
169	169	violates this chapter.
170	170	Sec. 3001.009. IMMUNITYFROMSUITANDLIMITSON
171	171	JURISDICTION. (a) Notwithstanding any other law, the state and
172	172	each of its officers and employees shall have sovereign immunity,
173	173	its political subdivisions and each of their officers and employees
174	174	shall have governmental immunity, and each officer and employee of
175	175	this state and its political subdivisions shall have official
176	176	immunity in any action, claim, counterclaim, or any type of legal
177	177	or equitable action that challenges the validity of any provision
178	178	or application of this chapter, on constitutional grounds or
179	179	otherwise, or that seeks to prevent or enjoin the state or its
180	180	political subdivisions or any officer, employee, or agent of this
181	181	state or a political subdivision from enforcing any provision or
182	182	application of this chapter, or from hearing, adjudicating, or
183	183	docketing a suit or petition brought under Section 3001.008,
184	184	unless that immunity has been abrogated or preempted by federal law
185	185	in a manner consistent with the Constitution of the United States.
186	186	(b) Notwithstanding any other law, the immunities conferred
187	187	by Subsection (a) shall apply in every court, both state and
188	188	federal, and in every adjudicative proceeding of any type
189	189	whatsoever.
190	190	(c) Notwithstanding any other law, no provision of state law
191	191	may be construed to waive or abrogate an immunity described in
192	192	Subsection (a) unless it expressly waives or abrogates immunity
193	193	with specific reference to this section.
194	194	(d) Notwithstanding any other law, no attorney representing
195	195	the state or a political subdivision or any officer, employee, or
196	196	agent of this state or a political subdivision is authorized or
197	197	permitted to waive an immunity described in Subsection (a) or take
198	198	any action that would result in a waiver of that immunity, and any
199	199	such action or purported waiver shall be regarded as a legal
200	200	nullity and an ultra vires act.
201	201	(e) Notwithstanding any other law, including Chapter 37,
202	202	Civil Practice and Remedies Code, and sections 22.002, 22.221, and
203	203	24.007 through 24.011, Government Code, no court of this state may
204	204	award declaratory or injunctive relief, or any type of stay or writ,
205	205	including a writ of prohibition, that would pronounce any provision
206	206	or application of this subchapter invalid or unconstitutional, or
207	207	that would restrain the state or its political subdivisions, or any
208	208	officer, employee, or agent of this state or a political
209	209	subdivision, or any person from enforcing any provision or
210	210	application of this chapter, or from hearing, adjudicating,
211	211	docketing, or filing a suit or petition brought under Section
212	212	3001.008, and no court of this state shall have jurisdiction to
213	213	consider any action, claim, or counterclaim that seeks such relief.
214	214	(f) Notwithstanding any other law, including Chapter 26,
215	215	Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil
216	216	Procedure, no court of this state may certify a plaintiff or
217	217	defendant class in any action seeking the relief described in
218	218	Subsection (e).
219	219	(g) Nothing in this section or chapter shall be construed to
220	220	prevent a litigant from asserting the invalidity or
221	221	unconstitutionality of any provision or application of this
222	222	chapter as a defense to any action, claim, or counterclaim brought
223	223	against that litigant.
224	224	Sec. 3001.0010. SOVEREIGN IMMUNITY WAIVED.
225	225	Notwithstanding Section 3001.009, sovereign immunity to suit and
226	226	governmental immunity are waived and abolished to the extent of
227	227	liability created by this chapter.
228	228	SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
229	229	amended by adding Section 30.023 to read as follows:
230	230	Sec. 30.023. AWARD OF ATTORNEY'S FEES IN ACTIONS
231	231	CHALLENGING CERTAIN PRIVACY LAWS. (a) Notwithstanding any other
232	232	law, any person, including an entity, attorney, or law firm, who
233	233	seeks declaratory or injunctive relief to prevent this state, a
234	234	political subdivision, any governmental entity or public official
235	235	in this state, or any person in this state from enforcing any
236	236	statute, ordinance, rule, regulation, or any other type of law that
237	237	regulates access to a private space based on biological sex in any
238	238	state or federal court, or that represents any litigant seeking
239	239	such relief in any state or federal court, is jointly and severally
240	240	liable to pay the costs and reasonable attorney's fees of the
241	241	prevailing party, including the costs and reasonable attorney's
242	242	fees that the prevailing party incurs in its efforts to recover
243	243	costs and fees.
244	244	(b) For purposes of this section, a party is considered a
245	245	prevailing party if a state or federal court:
246	246	(1) dismisses any claim or cause of action brought
247	247	against the party that seeks the declaratory or injunctive relief
248	248	described by Subsection (a), regardless of the reason for the
249	249	dismissal; or
250	250	(2) enters judgment in the party's favor on any such
251	251	claim or cause of action.
252	252	(c) A prevailing party may recover costs and attorney's fees
253	253	under this section only to the extent that those costs and
254	254	attorney's fees were incurred while defending claims or causes of
255	255	action on which the party prevailed.
256	256	SECTION 4. If any subsection or portion of this act is
257	257	declared invalid, that declaration shall not affect the validity of
258	258	the remaining portions of the act.
259	259	SECTION 5. This Act takes effect immediately if it receives
260	260	a vote of two-thirds of all the members elected to each house, as
261	261	provided by Section 39, Article III, Texas Constitution. If this
262	262	Act does not receive the vote necessary for immediate effect, this
263	263	Act takes effect September 1, 2025.