1 | 1 | | 89R4302 MPF-F |
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2 | 2 | | By: Zaffirini S.B. No. 2326 |
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3 | 3 | | |
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4 | 4 | | |
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5 | 5 | | |
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6 | 6 | | |
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7 | 7 | | A BILL TO BE ENTITLED |
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8 | 8 | | AN ACT |
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9 | 9 | | relating to access to universal changing facilities in places of |
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10 | 10 | | public accommodation and public buildings. |
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11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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12 | 12 | | SECTION 1. Subchapter D, Chapter 341, Health and Safety |
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13 | 13 | | Code, is amended by adding Section 341.070 to read as follows: |
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14 | 14 | | Sec. 341.070. UNIVERSAL CHANGING FACILITIES. (a) In this |
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15 | 15 | | section: |
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16 | 16 | | (1) "Person with a disability" means a person with a |
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17 | 17 | | physical, intellectual, behavioral, or cognitive impairment |
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18 | 18 | | resulting in the person's inability to perform the activities of |
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19 | 19 | | daily life. |
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20 | 20 | | (2) "Place of public accommodation" means any of the |
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21 | 21 | | following locations: |
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22 | 22 | | (A) a place of exhibition, entertainment, or |
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23 | 23 | | gathering, including a movie theater, theater of the dramatic or |
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24 | 24 | | performing arts, concert hall, auditorium, sports arena or stadium, |
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25 | 25 | | and convention center; |
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26 | 26 | | (B) a sales or rental establishment comprising at |
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27 | 27 | | least 40,000 square feet, including a shopping mall and shopping |
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28 | 28 | | center; |
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29 | 29 | | (C) a place of public display or collection, |
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30 | 30 | | including a museum, library, and gallery; |
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31 | 31 | | (D) a place of recreation, including a park, zoo, |
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32 | 32 | | and amusement park; |
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33 | 33 | | (E) a public or private primary or secondary |
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34 | 34 | | school, a public or private institution of higher education, and |
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35 | 35 | | any other place of education; |
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36 | 36 | | (F) a social service center, including a senior |
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37 | 37 | | center and homeless shelter; |
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38 | 38 | | (G) a station or terminal used for specified |
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39 | 39 | | public transportation, including an airport, train depot, and bus |
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40 | 40 | | station; and |
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41 | 41 | | (H) a professional office of a health care |
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42 | 42 | | provider, including a hospital and rehabilitation center. |
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43 | 43 | | (3) "Public building" means a building or facility |
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44 | 44 | | used by the public and owned or controlled by this state or a |
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45 | 45 | | political subdivision of this state. |
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46 | 46 | | (4) "Universal changing facility" means an enclosed |
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47 | 47 | | family or assisted use toilet facility not designated by gender and |
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48 | 48 | | designed for use by a person with a disability, with the assistance |
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49 | 49 | | of the person's care provider, for personal hygiene purposes. |
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50 | 50 | | (b) This section applies only to a place of public |
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51 | 51 | | accommodation or public building: |
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52 | 52 | | (1) that is constructed on or after January 1, 2026; or |
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53 | 53 | | (2) for which a building permit application is |
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54 | 54 | | submitted on or after January 1, 2026, for renovation of its main |
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55 | 55 | | facility, not including a parking garage or other parking area, |
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56 | 56 | | with an estimated cost of at least $50,000. |
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57 | 57 | | (c) A person with control over the restrooms and changing |
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58 | 58 | | facilities in a place of public accommodation or public building |
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59 | 59 | | shall install in one or more of its restrooms or changing facilities |
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60 | 60 | | a universal changing facility that is accessible to the general |
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61 | 61 | | public and is not designated by gender. |
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62 | 62 | | (d) A universal changing facility installed as required |
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63 | 63 | | under this section must contain: |
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64 | 64 | | (1) an electronic, height-adjustable adult changing |
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65 | 65 | | table with a safety rail or safety belt; and |
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66 | 66 | | (2) amenities, including a waste receptacle, toilet, |
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67 | 67 | | sink, soap dispenser, and paper towel dispenser. |
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68 | 68 | | (e) A universal changing facility installed as required |
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69 | 69 | | under this section must comply with the guidelines established in |
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70 | 70 | | the International Building Code and the American National Standards |
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71 | 71 | | Institute Standard for Accessible and Usable Buildings and |
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72 | 72 | | Facilities, commonly cited as "ANSI A117.1," as the code and that |
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73 | 73 | | standard existed on January 1, 2024. |
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74 | 74 | | (f) A person with control over the restrooms and changing |
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75 | 75 | | facilities in a place of public accommodation or public building |
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76 | 76 | | shall post a sign in a conspicuous space and include on any central |
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77 | 77 | | directory in the place or building clear language indicating the |
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78 | 78 | | location of each restroom or changing facility with a universal |
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79 | 79 | | changing facility. The sign must comply with the 2012 Texas |
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80 | 80 | | Accessibility Standards. |
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81 | 81 | | (g) The Texas Commission of Licensing and Regulation by rule |
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82 | 82 | | shall establish exceptions to the required installation of a |
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83 | 83 | | universal changing facility under this section for an owner of a |
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84 | 84 | | place of public accommodation or public building who demonstrates |
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85 | 85 | | that compliance with this section: |
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86 | 86 | | (1) would result in an undue financial burden on the |
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87 | 87 | | owner; or |
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88 | 88 | | (2) is not possible due to the available space at the |
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89 | 89 | | place or building. |
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90 | 90 | | SECTION 2. (a) Not later than December 1, 2025, the Texas |
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91 | 91 | | Commission of Licensing and Regulation shall adopt the rules |
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92 | 92 | | required by Section 341.070, Health and Safety Code, as added by |
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93 | 93 | | this Act. |
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94 | 94 | | (b) This section takes effect September 1, 2025. |
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95 | 95 | | SECTION 3. Except as otherwise provided by this Act, this |
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96 | 96 | | Act takes effect January 1, 2026. |
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