Texas 2025 - 89th Regular

Texas Senate Bill SB240 Compare Versions

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Version 2 (New)

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1		-	By: Middleton, et al. S.B. No. 240
	1	+	By: Middleton, Hall, Sparks S.B. No. 240
	2	+	(In the Senate - Filed November 12, 2024; February 3, 2025,
	3	+	read first time and referred to Committee on State Affairs;
	4	+	April 14, 2025, reported adversely, with favorable Committee
	5	+	Substitute by the following vote: Yeas 8, Nays 0; April 14, 2025,
	6	+	sent to printer.)
	7	+	Click here to see the committee vote
	8	+	COMMITTEE SUBSTITUTE FOR S.B. No. 240 By: Middleton
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6	13		A BILL TO BE ENTITLED
7	14		AN ACT
8	15		relating to the designation and use of certain spaces and
9	16		facilities according to biological sex; authorizing a civil penalty
10	17		and a private civil right of action.
11	18		BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	19		SECTION 1. This Act may be cited as the Texas Women's
13	20		Privacy Act.
14	21		SECTION 2. Subtitle Z, Title 10, Government Code, is
15	22		amended by adding Chapter 3001 to read as follows:
16	23		CHAPTER 3001. REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND
17	24		FACILITIES ACCORDING TO BIOLOGICAL SEX
18	25		SUBCHAPTER A. GENERAL PROVISIONS
19	26		Sec. 3001.001. DEFINITIONS. In this chapter:
20	27		(1) "Biological sex" means the physical condition of
21	28		being male or female, as determined by an individual's:
22	29		(A) sex organs, chromosomes, and endogenous
23	30		profiles; and
24	31		(B) original birth certificate, if the
25	32		individual's biological sex is recorded on the birth certificate
26	33		and the record:
27	34		(i) was entered at or near the time of
28	35		birth; and
29	36		(ii) has not been modified other than a
30	37		modification to correct a scrivener or clerical error in the
31	38		recorded biological sex.
32	39		(2) "Correctional facility" has the meaning assigned
33	40		by Section 1.07, Penal Code.
34	41		(3) "Family violence shelter" means a family violence
35	42		nonresidential center or a family violence shelter center, as those
36	43		terms are defined by Section 51.002, Human Resources Code, that has
37	44		contracted with the Health and Human Services Commission under
38	45		Section 51.003, Human Resources Code.
39	46		(4) "Institution of higher education" has the meaning
40	47		assigned by Section 61.003, Education Code.
41	48		(5) "Multiple-occupancy private space" means a
42	49		facility designed or designated for the simultaneous use by more
43	50		than one individual and in which an individual may be in a state of
44	51		undress in the presence of another individual, regardless of
45	52		whether the facility provides curtains or partial walls for
46	53		privacy. The term includes a restroom, locker room, changing room,
47	54		or shower room.
48	55		(6) "Political subdivision" means a governmental
49	56		entity of this state, including a county, municipality, special
50	57		purpose district or authority, school district, open-enrollment
51	58		charter school, or junior college district. The term does not
52	59		include a state agency.
53	60		(7) "Single-occupancy private space" means a facility
54	61		designed or designated for use by only one individual at a time and
55	62		in which an individual may be in a state of undress. The term
56	63		includes:
57	64		(A) a single toilet restroom with a locking door
58	65		that is designed or designated as unisex or for use based on
59	66		biological sex; and
60	67		(B) sleeping quarters designed or designated for
61	68		use by one individual.
62	69		(8) "State agency" means a department, commission,
63	70		board, office, council, authority, or other agency in the
64	71		executive, legislative, or judicial branch of state government that
65	72		is created by the constitution or a statute of this state, including
66	73		an institution of higher education.
67	74		Sec. 3001.002. CONSTRUCTION OF CHAPTER. This chapter may
68	75		not be construed to prevent a litigant from asserting the
69	76		invalidity or unconstitutionality of a provision or application of
70	77		this chapter as a defense to liability in an action, claim, or
71	78		counterclaim brought under this chapter.
72	79		SUBCHAPTER B. DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES
73	80		ACCORDING TO BIOLOGICAL SEX
74	81		Sec. 3001.051. DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE
75	82		SPACES. (a) A political subdivision or state agency shall ensure
76	83		each multiple-occupancy private space in a building the political
77	84		subdivision or state agency owns, operates, or controls is
78	85		designated for and used only by individuals of the same biological
79	86		sex.
80	87		(b) A political subdivision or state agency shall take every
81	88		reasonable step to ensure an individual whose biological sex is
82	89		opposite to the biological sex designated for a multiple-occupancy
83	90		private space under Subsection (a) does not enter the private
84	91		space.
85	92		Sec. 3001.052. ACCOMMODATIONS. (a) Section 3001.051 does
86	93		not prohibit a political subdivision or state agency from:
87	94		(1) adopting a policy necessary to accommodate an
88	95		individual with a disability, a young child, or an elderly
89	96		individual who requires assistance when using a multiple-occupancy
90	97		private space;
91	98		(2) establishing a single-occupancy private space,
92	99		family restroom, or changing room; or
93	100		(3) changing the designation of a multiple-occupancy
94	101		private space from the use designated under Section 3001.051 to
95	102		exclusive use by individuals of the biological sex opposite to the
96	103		previously designated biological sex.
97	104		(b) A political subdivision or state agency may not provide
98	105		an accommodation under Subsection (a) that allows an individual to
99	106		use a multiple-occupancy private space designated for the exclusive
100	107		use of individuals of the biological sex opposite to the
101	108		individual's biological sex.
102	109		Sec. 3001.053. EXCEPTIONS. A designation of a
103	110		multiple-occupancy private space under Section 3001.051 does not
104	111		apply to:
105	112		(1) an individual entering a multiple-occupancy
106	113		private space designated for the exclusive use of individuals of
107	114		the biological sex opposite to the individual's biological sex:
108	115		(A) for a custodial purpose;
109	116		(B) for a maintenance or inspection purpose;
110	117		(C) to render medical or other emergency
111	118		assistance; or
112	119		(D) to accompany an individual who needs
113	120		assistance in using the facility and provide assistance; or
114	121		(2) a child who is:
115	122		(A) nine years of age or younger entering a
116	123		multiple-occupancy private space designated for the exclusive use
117	124		of individuals of the biological sex opposite to the child's
118	125		biological sex; and
119	126		(B) accompanied by an individual caring for the
120	127		child.
121	128		Sec. 3001.054. HOUSING OF INMATES ACCORDING TO BIOLOGICAL
122	129		SEX. (a) The Texas Department of Criminal Justice shall ensure
123	130		inmates are housed in a correctional facility, including a
124	131		dormitory or cellblock of a correctional facility, according to the
125	132		inmate's biological sex.
126	133		(b) The Texas Board of Criminal Justice may adopt rules to
127	134		implement this section, including rules ensuring this section is
128	135		implemented in compliance with state and federal law.
129	136		Sec. 3001.055. PROHIBITED SERVICES AT CERTAIN FAMILY
130	137		VIOLENCE SHELTERS. A family violence shelter designed specifically
131	138		to provide services to female victims of family violence may only
132	139		provide services to:
133	140		(1) an individual whose biological sex is female; and
134	141		(2) an individual who is 17 years of age or younger and
135	142		is the child of an individual described by Subdivision (1).
136	143		SUBCHAPTER C. ENFORCEMENT
137	144		Sec. 3001.101. CIVIL PENALTY. (a) A political subdivision
138	145		or state agency that violates this chapter is liable for a civil
139	146		penalty of:
140	147		(1) $5,000 for the first violation; and
141	148		(2) $25,000 for the second or a subsequent violation.
142	149		(b) Each day of a continuing violation of this chapter
143	150		constitutes a separate violation.
144	151		Sec. 3001.102. COMPLAINT; NOTICE. (a) A resident of this
145	152		state may file a complaint with the attorney general against a
146	153		political subdivision or state agency for a violation of this
147	154		chapter only if:
148	155		(1) the resident provides the political subdivision or
149	156		state agency a written notice describing the violation; and
150	157		(2) the political subdivision or state agency does not
151	158		cure the violation before the end of the third business day after
152	159		the date the written notice is received.
153	160		(b) A complaint filed under this section must include:
154	161		(1) a copy of the written notice; and
155	162		(2) the resident's sworn statement or affidavit
156	163		describing the violation and indicating the resident provided the
157	164		notice required by this section.
158	165		Sec. 3001.103. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
159	166		AND NOTICE. (a) Before bringing an action against a political
160	167		subdivision or state agency for a violation of this chapter, the
161	168		attorney general shall investigate a complaint filed under Section
162	169		3001.102 to determine whether legal action is warranted.
163	170		(b) The political subdivision or state agency subject to the
164	171		complaint shall provide to the attorney general any information the
165	172		attorney general requests in connection with the complaint,
166	173		including:
167	174		(1) supporting documents related to the complaint; and
168	175		(2) a statement on whether the political subdivision
169	176		or state agency has complied or intends to comply with this chapter.
170	177		(c) If the attorney general determines legal action is
171	178		warranted, the attorney general shall provide to the appropriate
172	179		officer of the political subdivision or state agency charged with
173	180		the violation a written notice:
174	181		(1) describing the violation and location of the
175	182		multiple-occupancy private space found to be in violation;
176	183		(2) stating the amount of the proposed penalty for the
177	184		violation; and
178	185		(3) requiring the political subdivision or state
179	186		agency to cure the violation on or before the 15th day after the
180	187		date the notice is received to avoid the penalty, unless a court
181	188		previously found the political subdivision or state agency liable
182	189		for a violation of this chapter.
183	190		Sec. 3001.104. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
184	191		If, after receipt of notice under Section 3001.103(c), the
185	192		political subdivision or state agency has not cured the violation
186	193		on or before the 15th day after the date the notice is received or
187	194		was previously found liable by a court for a violation of this
188	195		chapter, the attorney general may bring an action to collect the
189	196		civil penalty authorized under Section 3001.101.
190	197		(b) In addition to bringing an action under Subsection (a),
191	198		the attorney general may also file a petition for a writ of mandamus
192	199		or apply for other appropriate equitable relief.
193	200		(c) An action under this section may be brought or filed in a
194	201		district court in:
195	202		(1) Travis County; or
196	203		(2) a county in which the principal office of the
197	204		political subdivision or state agency is located.
198	205		(d) The attorney general may recover reasonable expenses
199	206		incurred in obtaining relief under this section, including court
200	207		costs, reasonable attorney's fees, investigative costs, witness
201	208		fees, and deposition costs.
202	209		(e) A civil penalty collected by the attorney general under
203	210		this section shall be deposited to the credit of the compensation to
204	211		victims of crime fund established under Subchapter J, Chapter 56B,
205	212		Code of Criminal Procedure.
206	213		Sec. 3001.105. PRIVATE CIVIL CAUSE OF ACTION. A person
207	214		affected by a political subdivision's or state agency's alleged
208	215		violation of this chapter may bring a civil action to obtain
209	216		appropriate:
210	217		(1) declaratory relief;
211	218		(2) injunctive relief; and
212	219		(3) court costs, including reasonable attorney's and
213	220		witness fees.
214	221		Sec. 3001.106. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
215	222		IMMUNITY. (a) Notwithstanding any other law except as provided by
216	223		Subsection (b), this state has sovereign immunity, a political
217	224		subdivision has governmental immunity, and an officer, employee, or
218	225		agent of this state or a political subdivision has official
219	226		immunity in an action, claim, counterclaim, or any type of legal or
220	227		equitable action that:
221	228		(1) challenges the validity of any provision or
222	229		application of this chapter, on constitutional grounds or
223	230		otherwise; or
224	231		(2) seeks to prevent or enjoin this state, a political
225	232		subdivision, or an officer, employee, or agent of this state or a
226	233		political subdivision from:
227	234		(A) enforcing any provision or application of
228	235		this chapter; or
229	236		(B) hearing, adjudicating, or docketing an
230	237		action brought under Section 3001.104 or 3001.105 for a violation
231	238		of this chapter.
232	239		(b) Subsection (a) does not apply if:
233	240		(1) immunity has been abrogated or preempted by
234	241		federal law in a manner consistent with the United States
235	242		Constitution; or
236	243		(2) sovereign immunity of this state and governmental
237	244		immunity of a political subdivision to suit and from liability have
238	245		been waived to the extent of liability created by this chapter.
239	246		Sec. 3001.107. APPLICABILITY OF IMMUNITY. Notwithstanding
240	247		any other law, the immunity conferred by Section 3001.106 applies
241	248		in every state and federal court and in every type of adjudicative
242	249		proceeding.
243	250		Sec. 3001.108. WAIVER OF IMMUNITY. (a) Notwithstanding
244	251		any other law, a provision of state law may not be construed to
245	252		waive or abrogate an immunity conferred by Section 3001.106 unless
246	253		the provision expressly waives or abrogates the immunity with
247	254		specific reference to this section.
248	255		(b) Notwithstanding any other law, an attorney representing
249	256		this state, a political subdivision, or an officer, employee, or
250	257		agent of this state or a political subdivision may not waive an
251	258		immunity conferred by Section 3001.106 or take an action that would
252	259		result in a waiver of that immunity. A purported waiver or action
253	260		described by this subsection is considered void and an ultra vires
254	261		act.
255	262		Sec. 3001.109. JURISDICTION. (a) Notwithstanding any
256	263		other law, including Chapter 37, Civil Practice and Remedies Code,
257	264		and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and
258	265		24.011 of this code, a court of this state does not have
259	266		jurisdiction to consider and may not award declaratory or
260	267		injunctive relief, or any type of writ, that would:
261	268		(1) pronounce any provision or application of this
262	269		chapter invalid or unconstitutional; or
263	270		(2) restrain a person, including this state, a
264	271		political subdivision, and an officer, employee, or agent of this
265	272		state or a political subdivision, from:
266	273		(A) enforcing any provision or application of
267	274		this chapter; or
268	275		(B) hearing, adjudicating, docketing, or filing
269	276		a civil action brought under this chapter.
270	277		(b) Notwithstanding any other law, including Chapter 26,
271	278		Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil
272	279		Procedure, a court may not certify a claimant class or a defendant
273	280		class in a civil action that seeks relief described by this section.
274	281		SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
275	282		amended by adding Section 30.023 to read as follows:
276	283		Sec. 30.023. FEE SHIFTING. (a) Notwithstanding any other
277	284		law, a person, including an entity, attorney, or law firm, who seeks
278	285		declaratory or injunctive relief to prevent this state, a political
279	286		subdivision of this state, a governmental entity, a public
280	287		official, or any other person in this state from bringing an action
281	288		to enforce a statute, ordinance, rule, regulation, or other law
282	289		that regulates access to certain spaces based on an individual's
283	290		biological sex in any state or federal court, or who represents a
284	291		litigant seeking such relief in any state or federal court, is
285	292		jointly and severally liable to pay the costs and reasonable
286	293		attorney's fees of the prevailing party, including the costs and
287	294		reasonable attorney's fees the prevailing party incurs in the
288	295		party's efforts to recover costs and fees.
289	296		(b) For purposes of this section, a party is considered a
290	297		prevailing party if a state or federal court:
291	298		(1) dismisses any claim or cause of action brought
292	299		against the party that seeks the declaratory or injunctive relief
293	300		described by Subsection (a), regardless of the reason for the
294	301		dismissal; or
295	302		(2) enters judgment in the party's favor on any such
296	303		claim or cause of action.
297	304		(c) A prevailing party may recover costs and reasonable
298	305		attorney's fees under this section only to the extent those costs
299	306		and attorney's fees were incurred while defending claims or causes
300	307		of action on which the party prevailed.
301	308		SECTION 4. Chapter 3001, Government Code, as added by this
302	309		Act, applies only to a cause of action that accrues on or after the
303	310		effective date of this Act.
304	311		SECTION 5. If any part of this Act is declared invalid, that
305	312		declaration does not affect the validity of the remaining parts of
306	313		this Act.
307	314		SECTION 6. This Act takes effect September 1, 2025.
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