89R4302 MPF-F
By: Zaffirini S.B. No. 2326
A BILL TO BE ENTITLED
AN ACT
relating to access to universal changing facilities in places of
public accommodation and public buildings.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Subchapter D, Chapter 341, Health and Safety
Code, is amended by adding Section 341.070 to read as follows:
Sec. 341.070. UNIVERSAL CHANGING FACILITIES. (a) In this
section:
(1) "Person with a disability" means a person with a
physical, intellectual, behavioral, or cognitive impairment
resulting in the person's inability to perform the activities of
daily life.
(2) "Place of public accommodation" means any of the
following locations:
(A) a place of exhibition, entertainment, or
gathering, including a movie theater, theater of the dramatic or
performing arts, concert hall, auditorium, sports arena or stadium,
and convention center;
(B) a sales or rental establishment comprising at
least 40,000 square feet, including a shopping mall and shopping
center;
(C) a place of public display or collection,
including a museum, library, and gallery;
(D) a place of recreation, including a park, zoo,
and amusement park;
(E) a public or private primary or secondary
school, a public or private institution of higher education, and
any other place of education;
(F) a social service center, including a senior
center and homeless shelter;
(G) a station or terminal used for specified
public transportation, including an airport, train depot, and bus
station; and
(H) a professional office of a health care
provider, including a hospital and rehabilitation center.
(3) "Public building" means a building or facility
used by the public and owned or controlled by this state or a
political subdivision of this state.
(4) "Universal changing facility" means an enclosed
family or assisted use toilet facility not designated by gender and
designed for use by a person with a disability, with the assistance
of the person's care provider, for personal hygiene purposes.
(b) This section applies only to a place of public
accommodation or public building:
(1) that is constructed on or after January 1, 2026; or
(2) for which a building permit application is
submitted on or after January 1, 2026, for renovation of its main
facility, not including a parking garage or other parking area,
with an estimated cost of at least $50,000.
(c) A person with control over the restrooms and changing
facilities in a place of public accommodation or public building
shall install in one or more of its restrooms or changing facilities
a universal changing facility that is accessible to the general
public and is not designated by gender.
(d) A universal changing facility installed as required
under this section must contain:
(1) an electronic, height-adjustable adult changing
table with a safety rail or safety belt; and
(2) amenities, including a waste receptacle, toilet,
sink, soap dispenser, and paper towel dispenser.
(e) A universal changing facility installed as required
under this section must comply with the guidelines established in
the International Building Code and the American National Standards
Institute Standard for Accessible and Usable Buildings and
Facilities, commonly cited as "ANSI A117.1," as the code and that
standard existed on January 1, 2024.
(f) A person with control over the restrooms and changing
facilities in a place of public accommodation or public building
shall post a sign in a conspicuous space and include on any central
directory in the place or building clear language indicating the
location of each restroom or changing facility with a universal
changing facility. The sign must comply with the 2012 Texas
Accessibility Standards.
(g) The Texas Commission of Licensing and Regulation by rule
shall establish exceptions to the required installation of a
universal changing facility under this section for an owner of a
place of public accommodation or public building who demonstrates
that compliance with this section:
(1) would result in an undue financial burden on the
owner; or
(2) is not possible due to the available space at the
place or building.
SECTION 2. (a) Not later than December 1, 2025, the Texas
Commission of Licensing and Regulation shall adopt the rules
required by Section 341.070, Health and Safety Code, as added by
this Act.
(b) This section takes effect September 1, 2025.
SECTION 3. Except as otherwise provided by this Act, this
Act takes effect January 1, 2026.