Texas 2025 - 89th Regular

Texas Senate Bill SB2326 Compare Versions

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11 89R4302 MPF-F
22 By: Zaffirini S.B. No. 2326
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77 A BILL TO BE ENTITLED
88 AN ACT
99 relating to access to universal changing facilities in places of
1010 public accommodation and public buildings.
1111 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
1212 SECTION 1. Subchapter D, Chapter 341, Health and Safety
1313 Code, is amended by adding Section 341.070 to read as follows:
1414 Sec. 341.070. UNIVERSAL CHANGING FACILITIES. (a) In this
1515 section:
1616 (1) "Person with a disability" means a person with a
1717 physical, intellectual, behavioral, or cognitive impairment
1818 resulting in the person's inability to perform the activities of
1919 daily life.
2020 (2) "Place of public accommodation" means any of the
2121 following locations:
2222 (A) a place of exhibition, entertainment, or
2323 gathering, including a movie theater, theater of the dramatic or
2424 performing arts, concert hall, auditorium, sports arena or stadium,
2525 and convention center;
2626 (B) a sales or rental establishment comprising at
2727 least 40,000 square feet, including a shopping mall and shopping
2828 center;
2929 (C) a place of public display or collection,
3030 including a museum, library, and gallery;
3131 (D) a place of recreation, including a park, zoo,
3232 and amusement park;
3333 (E) a public or private primary or secondary
3434 school, a public or private institution of higher education, and
3535 any other place of education;
3636 (F) a social service center, including a senior
3737 center and homeless shelter;
3838 (G) a station or terminal used for specified
3939 public transportation, including an airport, train depot, and bus
4040 station; and
4141 (H) a professional office of a health care
4242 provider, including a hospital and rehabilitation center.
4343 (3) "Public building" means a building or facility
4444 used by the public and owned or controlled by this state or a
4545 political subdivision of this state.
4646 (4) "Universal changing facility" means an enclosed
4747 family or assisted use toilet facility not designated by gender and
4848 designed for use by a person with a disability, with the assistance
4949 of the person's care provider, for personal hygiene purposes.
5050 (b) This section applies only to a place of public
5151 accommodation or public building:
5252 (1) that is constructed on or after January 1, 2026; or
5353 (2) for which a building permit application is
5454 submitted on or after January 1, 2026, for renovation of its main
5555 facility, not including a parking garage or other parking area,
5656 with an estimated cost of at least $50,000.
5757 (c) A person with control over the restrooms and changing
5858 facilities in a place of public accommodation or public building
5959 shall install in one or more of its restrooms or changing facilities
6060 a universal changing facility that is accessible to the general
6161 public and is not designated by gender.
6262 (d) A universal changing facility installed as required
6363 under this section must contain:
6464 (1) an electronic, height-adjustable adult changing
6565 table with a safety rail or safety belt; and
6666 (2) amenities, including a waste receptacle, toilet,
6767 sink, soap dispenser, and paper towel dispenser.
6868 (e) A universal changing facility installed as required
6969 under this section must comply with the guidelines established in
7070 the International Building Code and the American National Standards
7171 Institute Standard for Accessible and Usable Buildings and
7272 Facilities, commonly cited as "ANSI A117.1," as the code and that
7373 standard existed on January 1, 2024.
7474 (f) A person with control over the restrooms and changing
7575 facilities in a place of public accommodation or public building
7676 shall post a sign in a conspicuous space and include on any central
7777 directory in the place or building clear language indicating the
7878 location of each restroom or changing facility with a universal
7979 changing facility. The sign must comply with the 2012 Texas
8080 Accessibility Standards.
8181 (g) The Texas Commission of Licensing and Regulation by rule
8282 shall establish exceptions to the required installation of a
8383 universal changing facility under this section for an owner of a
8484 place of public accommodation or public building who demonstrates
8585 that compliance with this section:
8686 (1) would result in an undue financial burden on the
8787 owner; or
8888 (2) is not possible due to the available space at the
8989 place or building.
9090 SECTION 2. (a) Not later than December 1, 2025, the Texas
9191 Commission of Licensing and Regulation shall adopt the rules
9292 required by Section 341.070, Health and Safety Code, as added by
9393 this Act.
9494 (b) This section takes effect September 1, 2025.
9595 SECTION 3. Except as otherwise provided by this Act, this
9696 Act takes effect January 1, 2026.