Shared public school bathrooms designated by biological sex

The text as introduced · 674 words

By: Toth
H.B. No. 1015

A BILL TO BE ENTITLED

AN ACT

relating to regulations and policies for entering or using a

bathroom or changing facility in a public school.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Chapter 38, Education Code, is amended by adding

Subchapter I to read as follows:

SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND

CHANGING FACILITIES

Sec. 38.451. DEFINITIONS. In this subchapter:

(1) "Multiple-occupancy bathroom or changing

facility" means a facility designed or designated for use by more

than one person at a time, where a person may be in a state of

undress in the presence of another person, regardless of whether

the facility provides curtains or partial walls for privacy. The

term includes a restroom, locker room, changing room, or shower

room.

(2) "Single-occupancy bathroom or changing facility"

means a facility designed or designated for use by only one person

at a time, where a person may be in a state of undress, including a

single toilet restroom with a locking door that is designed or

designated as unisex or for use based on biological sex.

Sec. 38.452. DETERMINATION OF BIOLOGICAL SEX. (a) For

purposes of this subchapter, a person's biological sex is the

biological sex correctly stated on the person's official birth

certificate as described by Subsection (b).

(b) A statement of a person's biological sex on the person's

official birth certificate is considered to have correctly stated

the person's biological sex only if the statement was:

(1) entered at or near the time of the person's birth;

or

(2) modified to correct a scrivener or clerical error

in the person's biological sex.

Sec. 38.453. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR

CHANGING FACILITY. A school district or open-enrollment charter

school shall require that each multiple-occupancy bathroom or

changing facility accessible to students and located in a school or

school facility be designated for and used only by persons based on

the person's biological sex.

Sec. 38.454. ACCOMMODATIONS AUTHORIZED. (a) This

subchapter does not prohibit a school district or open-enrollment

charter school from providing an accommodation, including a

single-occupancy bathroom or changing facility or the controlled

use of a faculty bathroom or changing facility, on request due to

special circumstances.

(b) A school district or open-enrollment charter school may

not provide an accommodation that allows a person to use a

multiple-occupancy bathroom or changing facility accessible to

students that is designated for the biological sex opposite to the

person's biological sex.

Sec. 38.455. PRIVATE LEASES AND CONTRACTS. (a) A private

entity that leases or contracts to use a building owned or leased by

a school district or open-enrollment charter school is not subject

to Section 38.453.

(b) A school district or open-enrollment charter school may

not require a private entity described by Subsection (a) to adopt,

or prohibit the private entity from adopting, a policy on the

designation or use of bathrooms or changing facilities located in

the building.

Sec. 38.456. EXCEPTIONS. A designation of a multiple-

occupancy bathroom or changing facility under Section 38.453 does

not apply to a person entering a multiple-occupancy bathroom or

changing facility designated for the biological sex opposite to the

person's biological sex:

(1) for a custodial purpose;

(2) for a maintenance or inspection purpose;

(3) to render medical or other emergency assistance;

(4) to accompany a student needing assistance in using

the facility, if the assisting person is:

(A) an employee or authorized volunteer of the

school district or open-enrollment charter school; or

(B) the student's parent, guardian, conservator,

or authorized caregiver;

(5) to accompany a person other than a student needing

assistance in using the facility; or

(6) to receive assistance in using the facility.

Sec. 38.457. CONSIDERATION OF CERTAIN POLICIES PROHIBITED.

In awarding a contract for the purchase of goods or services, a

school district or open-enrollment charter school may not consider

whether a private entity competing for the contract has adopted a

policy relating to the designation or use of the entity's bathrooms

or changing facilities.

SECTION 2. This Act takes effect September 1, 2025.