Relating to regulations and policies for entering or using certain private spaces; authorizing a civil penalty.
Impact
The enactment of HB239 is poised to significantly alter existing state laws concerning privacy and regulation of access to private spaces, specifically by introducing legal consequences for non-compliance. The bill establishes civil penalties that commence at $5,000 for initial violations and escalate to $25,000 for repeat offenses. This financial liability raises concerns about operational impacts on local governments and institutions, which will be required to amend their policies or risk substantial monetary penalties. Furthermore, each day of a continuing violation would count as a separate infraction, thereby increasing potential liabilities.
Summary
House Bill 239, titled the Texas Women's Privacy Act, addresses regulations and policies for entering or using certain private spaces, specifically mandating that these facilities be designated according to a person's biological sex. This law applies to various private spaces, including restrooms, locker rooms, and changing areas. The bill seeks to establish clear definitions surrounding biological sex and outlines the responsibilities of both state agencies and political subdivisions in enforcing these requirements, reflecting ongoing debates around gender identity and privacy in shared facilities.
Contention
There is a notable divide among lawmakers and the public regarding HB239, with supporters arguing that the bill preserves privacy and safety, particularly for women and children, in sensitive environments. However, opponents view the legislation as discriminatory and assert that it undermines the rights and identities of transgender individuals. The provision that allows individuals to bring civil actions against entities failing to comply with the law has raised alarms among civil rights advocates, fearing it could lead to increased litigation and harassment based on biological definitions of gender.
Identical
Relating to the designation and use of certain spaces and facilities according to biological sex; authorizing a civil penalty and a private civil right of action.
Relating to regulations and policies for entering or using a bathroom or changing facility in a public school; authorizing a civil penalty, authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.
Relating to abortion, including civil liability for distribution of abortion-inducing drugs and duties of Internet service providers; creating a criminal offense; authorizing a private civil right of action.