By: Middleton, et al. S.B. No. 240
A BILL TO BE ENTITLED
AN ACT
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.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. This Act may be cited as the Texas Women's
Privacy Act.
SECTION 2. Subtitle Z, Title 10, Government Code, is
amended by adding Chapter 3001 to read as follows:
CHAPTER 3001. REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND
FACILITIES ACCORDING TO BIOLOGICAL SEX
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 3001.001. DEFINITIONS. In this chapter:
(1) "Biological sex" means the physical condition of
being male or female, as determined by an individual's:
(A) sex organs, chromosomes, and endogenous
profiles; and
(B) original birth certificate, if the
individual's biological sex is recorded on the birth certificate
and the record:
(i) was entered at or near the time of
birth; and
(ii) has not been modified other than a
modification to correct a scrivener or clerical error in the
recorded biological sex.
(2) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(3) "Family violence shelter" means a family violence
nonresidential center or a family violence shelter center, as those
terms are defined by Section 51.002, Human Resources Code, that has
contracted with the Health and Human Services Commission under
Section 51.003, Human Resources Code.
(4) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(5) "Multiple-occupancy private space" means a
facility designed or designated for the simultaneous use by more
than one individual and in which an individual may be in a state of
undress in the presence of another individual, regardless of
whether the facility provides curtains or partial walls for
privacy. The term includes a restroom, locker room, changing room,
or shower room.
(6) "Political subdivision" means a governmental
entity of this state, including a county, municipality, special
purpose district or authority, school district, open-enrollment
charter school, or junior college district. The term does not
include a state agency.
(7) "Single-occupancy private space" means a facility
designed or designated for use by only one individual at a time and
in which an individual may be in a state of undress. The term
includes:
(A) a single toilet restroom with a locking door
that is designed or designated as unisex or for use based on
biological sex; and
(B) sleeping quarters designed or designated for
use by one individual.
(8) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
an institution of higher education.
Sec. 3001.002. CONSTRUCTION OF CHAPTER. This chapter may
not be construed to prevent a litigant from asserting the
invalidity or unconstitutionality of a provision or application of
this chapter as a defense to liability in an action, claim, or
counterclaim brought under this chapter.
SUBCHAPTER B. DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES
ACCORDING TO BIOLOGICAL SEX
Sec. 3001.051. DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE
SPACES. (a) A political subdivision or state agency shall ensure
each multiple-occupancy private space in a building the political
subdivision or state agency owns, operates, or controls is
designated for and used only by individuals of the same biological
sex.
(b) A political subdivision or state agency shall take every
reasonable step to ensure an individual whose biological sex is
opposite to the biological sex designated for a multiple-occupancy
private space under Subsection (a) does not enter the private
space.
Sec. 3001.052. ACCOMMODATIONS. (a) Section 3001.051 does
not prohibit a political subdivision or state agency from:
(1) adopting a policy necessary to accommodate an
individual with a disability, a young child, or an elderly
individual who requires assistance when using a multiple-occupancy
private space;
(2) establishing a single-occupancy private space,
family restroom, or changing room; or
(3) changing the designation of a multiple-occupancy
private space from the use designated under Section 3001.051 to
exclusive use by individuals of the biological sex opposite to the
previously designated biological sex.
(b) A political subdivision or state agency may not provide
an accommodation under Subsection (a) that allows an individual to
use a multiple-occupancy private space designated for the exclusive
use of individuals of the biological sex opposite to the
individual's biological sex.
Sec. 3001.053. EXCEPTIONS. A designation of a
multiple-occupancy private space under Section 3001.051 does not
apply to:
(1) an individual entering a multiple-occupancy
private space designated for the exclusive use of individuals of
the biological sex opposite to the individual's biological sex:
(A) for a custodial purpose;
(B) for a maintenance or inspection purpose;
(C) to render medical or other emergency
assistance; or
(D) to accompany an individual who needs
assistance in using the facility and provide assistance; or
(2) a child who is:
(A) nine years of age or younger entering a
multiple-occupancy private space designated for the exclusive use
of individuals of the biological sex opposite to the child's
biological sex; and
(B) accompanied by an individual caring for the
child.
Sec. 3001.054. HOUSING OF INMATES ACCORDING TO BIOLOGICAL
SEX. (a) The Texas Department of Criminal Justice shall ensure
inmates are housed in a correctional facility, including a
dormitory or cellblock of a correctional facility, according to the
inmate's biological sex.
(b) The Texas Board of Criminal Justice may adopt rules to
implement this section, including rules ensuring this section is
implemented in compliance with state and federal law.
Sec. 3001.055. PROHIBITED SERVICES AT CERTAIN FAMILY
VIOLENCE SHELTERS. A family violence shelter designed specifically
to provide services to female victims of family violence may only
provide services to:
(1) an individual whose biological sex is female; and
(2) an individual who is 17 years of age or younger and
is the child of an individual described by Subdivision (1).
SUBCHAPTER C. ENFORCEMENT
Sec. 3001.101. CIVIL PENALTY. (a) A political subdivision
or state agency that violates this chapter is liable for a civil
penalty of:
(1) $5,000 for the first violation; and
(2) $25,000 for the second or a subsequent violation.
(b) Each day of a continuing violation of this chapter
constitutes a separate violation.
Sec. 3001.102. COMPLAINT; NOTICE. (a) A resident of this
state may file a complaint with the attorney general against a
political subdivision or state agency for a violation of this
chapter only if:
(1) the resident provides the political subdivision or
state agency a written notice describing the violation; and
(2) the political subdivision or state agency does not
cure the violation before the end of the third business day after
the date the written notice is received.
(b) A complaint filed under this section must include:
(1) a copy of the written notice; and
(2) the resident's sworn statement or affidavit
describing the violation and indicating the resident provided the
notice required by this section.
Sec. 3001.103. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
AND NOTICE. (a) Before bringing an action against a political
subdivision or state agency for a violation of this chapter, the
attorney general shall investigate a complaint filed under Section
3001.102 to determine whether legal action is warranted.
(b) The political subdivision or state agency subject to the
complaint shall provide to the attorney general any information the
attorney general requests in connection with the complaint,
including:
(1) supporting documents related to the complaint; and
(2) a statement on whether the political subdivision
or state agency has complied or intends to comply with this chapter.
(c) If the attorney general determines legal action is
warranted, the attorney general shall provide to the appropriate
officer of the political subdivision or state agency charged with
the violation a written notice:
(1) describing the violation and location of the
multiple-occupancy private space found to be in violation;
(2) stating the amount of the proposed penalty for the
violation; and
(3) requiring the political subdivision or state
agency to cure the violation on or before the 15th day after the
date the notice is received to avoid the penalty, unless a court
previously found the political subdivision or state agency liable
for a violation of this chapter.
Sec. 3001.104. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
If, after receipt of notice under Section 3001.103(c), the
political subdivision or state agency has not cured the violation
on or before the 15th day after the date the notice is received or
was previously found liable by a court for a violation of this
chapter, the attorney general may bring an action to collect the
civil penalty authorized under Section 3001.101.
(b) In addition to bringing an action under Subsection (a),
the attorney general may also file a petition for a writ of mandamus
or apply for other appropriate equitable relief.
(c) An action under this section may be brought or filed in a
district court in:
(1) Travis County; or
(2) a county in which the principal office of the
political subdivision or state agency is located.
(d) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(e) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the compensation to
victims of crime fund established under Subchapter J, Chapter 56B,
Code of Criminal Procedure.
Sec. 3001.105. PRIVATE CIVIL CAUSE OF ACTION. A person
affected by a political subdivision's or state agency's alleged
violation of this chapter may bring a civil action to obtain
appropriate:
(1) declaratory relief;
(2) injunctive relief; and
(3) court costs, including reasonable attorney's and
witness fees.
Sec. 3001.106. SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
IMMUNITY. (a) Notwithstanding any other law except as provided by
Subsection (b), this state has sovereign immunity, a political
subdivision has governmental immunity, and an officer, employee, or
agent of this state or a political subdivision has official
immunity in an action, claim, counterclaim, or any type of legal or
equitable action that:
(1) challenges the validity of any provision or
application of this chapter, on constitutional grounds or
otherwise; or
(2) seeks to prevent or enjoin this state, a political
subdivision, or an officer, employee, or agent of this state or a
political subdivision from:
(A) enforcing any provision or application of
this chapter; or
(B) hearing, adjudicating, or docketing an
action brought under Section 3001.104 or 3001.105 for a violation
of this chapter.
(b) Subsection (a) does not apply if:
(1) immunity has been abrogated or preempted by
federal law in a manner consistent with the United States
Constitution; or
(2) sovereign immunity of this state and governmental
immunity of a political subdivision to suit and from liability have
been waived to the extent of liability created by this chapter.
Sec. 3001.107. APPLICABILITY OF IMMUNITY. Notwithstanding
any other law, the immunity conferred by Section 3001.106 applies
in every state and federal court and in every type of adjudicative
proceeding.
Sec. 3001.108. WAIVER OF IMMUNITY. (a) Notwithstanding
any other law, a provision of state law may not be construed to
waive or abrogate an immunity conferred by Section 3001.106 unless
the provision expressly waives or abrogates the immunity with
specific reference to this section.
(b) Notwithstanding any other law, an attorney representing
this state, a political subdivision, or an officer, employee, or
agent of this state or a political subdivision may not waive an
immunity conferred by Section 3001.106 or take an action that would
result in a waiver of that immunity. A purported waiver or action
described by this subsection is considered void and an ultra vires
act.
Sec. 3001.109. JURISDICTION. (a) Notwithstanding any
other law, including Chapter 37, Civil Practice and Remedies Code,
and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and
24.011 of this code, a court of this state does not have
jurisdiction to consider and may not award declaratory or
injunctive relief, or any type of writ, that would:
(1) pronounce any provision or application of this
chapter invalid or unconstitutional; or
(2) restrain a person, including this state, a
political subdivision, and an officer, employee, or agent of this
state or a political subdivision, from:
(A) enforcing any provision or application of
this chapter; or
(B) hearing, adjudicating, docketing, or filing
a civil action brought under this chapter.
(b) Notwithstanding any other law, including Chapter 26,
Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil
Procedure, a court may not certify a claimant class or a defendant
class in a civil action that seeks relief described by this section.
SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.023 to read as follows:
Sec. 30.023. FEE SHIFTING. (a) Notwithstanding any other
law, a person, including an entity, attorney, or law firm, who seeks
declaratory or injunctive relief to prevent this state, a political
subdivision of this state, a governmental entity, a public
official, or any other person in this state from bringing an action
to enforce a statute, ordinance, rule, regulation, or other law
that regulates access to certain spaces based on an individual's
biological sex in any state or federal court, or who represents a
litigant seeking such relief in any state or federal court, is
jointly and severally liable to pay the costs and reasonable
attorney's fees of the prevailing party, including the costs and
reasonable attorney's fees the prevailing party incurs in the
party's efforts to recover costs and fees.
(b) For purposes of this section, a party is considered a
prevailing party if a state or federal court:
(1) dismisses any claim or cause of action brought
against the party that seeks the declaratory or injunctive relief
described by Subsection (a), regardless of the reason for the
dismissal; or
(2) enters judgment in the party's favor on any such
claim or cause of action.
(c) A prevailing party may recover costs and reasonable
attorney's fees under this section only to the extent those costs
and attorney's fees were incurred while defending claims or causes
of action on which the party prevailed.
SECTION 4. Chapter 3001, Government Code, as added by this
Act, applies only to a cause of action that accrues on or after the
effective date of this Act.
SECTION 5. If any part of this Act is declared invalid, that
declaration does not affect the validity of the remaining parts of
this Act.
SECTION 6. This Act takes effect September 1, 2025.