Texas 2025 - 89th Regular

Texas Senate Bill SB240

Filed
11/12/24  
Out of Senate Committee
4/14/25  
Voted on by House
 
Governor Action
 
Bill Becomes Law
 

Caption

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.

Impact

If enacted, SB240 would significantly alter provisions within Texas law regarding access to public facilities. Specifically, the bill would restrict access to multiple-occupancy spaces exclusively by biological sex, thereby enforcing a binary understanding of gender. This could affect various sectors, including educational institutions and public services, potentially altering the composition of policies related to transgender rights. The implications of such regulation raise critical questions about individual rights and social equity in public spaces, and the subsequent adjustments local governments may need to make to comply with the new legal framework.

Summary

SB240, known as the Texas Women's Privacy Act, mandates the designation and use of certain public spaces according to biological sex. This legislation requires that multiple-occupancy private spaces, such as restrooms and locker rooms, be used only by individuals of the same biological sex. The bill outlines the definitions of biological sex and establishes the responsibilities of state agencies and political subdivisions to enforce these provisions. Moreover, it introduces civil penalties for violations, escalating from $5,000 for the first offense to $25,000 for subsequent offenses, thereby taking a strong stance on compliance enforcement.

Sentiment

The general sentiment surrounding SB240 is highly polarizing. Supporters argue that the legislation is necessary to protect women's privacy and safety in vulnerable settings such as restrooms and shelters, emphasizing a need for clear distinctions based on biological sex. Conversely, opponents view the bill as discriminatory against transgender individuals and a violation of personal rights. The debate reflects broader societal conflicts over the rights of marginalized communities versus traditional views on gender. Advocacy groups on both sides have mobilized to express their support or opposition, impacting public opinion and legislative discourse.

Contention

Notable points of contention include the enforcement mechanisms outlined in SB240, particularly the provision that prohibits individuals of different biological sexes from entering designated spaces. Critics express concerns that this could lead to harassment or discrimination against transgender individuals who do not conform to traditional gender roles. Furthermore, the bill allows for a private civil cause of action, which could empower individuals to sue political subdivisions for perceived violations, escalating tensions between community members. These elements contribute to a contentious legislative atmosphere and raise questions about the balance between legislative intent and the protection of civil rights.

Texas Constitutional Statutes Affected

Civil Practice And Remedies Code

  • Chapter 30. Miscellaneous Provisions
    • Section: New Section
    • Section: New Section

Penal Code

  • Chapter 1. General Provisions
    • Section: New Section

Human Resources Code

  • Chapter 51. Family Violence Centers
    • Section: New Section

Education Code

  • Chapter 61. Texas Higher Education Coordinating Board
    • Section: New Section

Code Of Criminal Procedure

  • Chapter 56a. Rights Of Crime Victims
    • Section: New Section

Government Code

  • Chapter 30. Municipal Courts Of Record
    • Section: New Section

Companion Bills

TX HB239

Identical Relating to regulations and policies for entering or using certain private spaces; authorizing a civil penalty.

TX HB2062

Same As Relating to regulations and policies for entering or using certain private spaces; authorizing a civil penalty.

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