bill requiring universal changing rooms in public buildings

The text as introduced · 714 words

89R4302 MPF-F

By: Zaffirini
S.B. No. 2326

A BILL TO BE ENTITLED

AN ACT

relating to access to universal changing facilities in places of

public accommodation and public buildings.

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

SECTION 1. Subchapter D, Chapter 341, Health and Safety

Code, is amended by adding Section 341.070 to read as follows:

Sec. 341.070. UNIVERSAL CHANGING FACILITIES. (a) In this

section:

(1) "Person with a disability" means a person with a

physical, intellectual, behavioral, or cognitive impairment

resulting in the person's inability to perform the activities of

daily life.

(2) "Place of public accommodation" means any of the

following locations:

(A) a place of exhibition, entertainment, or

gathering, including a movie theater, theater of the dramatic or

performing arts, concert hall, auditorium, sports arena or stadium,

and convention center;

(B) a sales or rental establishment comprising at

least 40,000 square feet, including a shopping mall and shopping

center;

(C) a place of public display or collection,

including a museum, library, and gallery;

(D) a place of recreation, including a park, zoo,

and amusement park;

(E) a public or private primary or secondary

school, a public or private institution of higher education, and

any other place of education;

(F) a social service center, including a senior

center and homeless shelter;

(G) a station or terminal used for specified

public transportation, including an airport, train depot, and bus

station; and

(H) a professional office of a health care

provider, including a hospital and rehabilitation center.

(3) "Public building" means a building or facility

used by the public and owned or controlled by this state or a

political subdivision of this state.

(4) "Universal changing facility" means an enclosed

family or assisted use toilet facility not designated by gender and

designed for use by a person with a disability, with the assistance

of the person's care provider, for personal hygiene purposes.

(b) This section applies only to a place of public

accommodation or public building:

(1) that is constructed on or after January 1, 2026; or

(2) for which a building permit application is

submitted on or after January 1, 2026, for renovation of its main

facility, not including a parking garage or other parking area,

with an estimated cost of at least $50,000.

(c) A person with control over the restrooms and changing

facilities in a place of public accommodation or public building

shall install in one or more of its restrooms or changing facilities

a universal changing facility that is accessible to the general

public and is not designated by gender.

(d) A universal changing facility installed as required

under this section must contain:

(1) an electronic, height-adjustable adult changing

table with a safety rail or safety belt; and

(2) amenities, including a waste receptacle, toilet,

sink, soap dispenser, and paper towel dispenser.

(e) A universal changing facility installed as required

under this section must comply with the guidelines established in

the International Building Code and the American National Standards

Institute Standard for Accessible and Usable Buildings and

Facilities, commonly cited as "ANSI A117.1," as the code and that

standard existed on January 1, 2024.

(f) A person with control over the restrooms and changing

facilities in a place of public accommodation or public building

shall post a sign in a conspicuous space and include on any central

directory in the place or building clear language indicating the

location of each restroom or changing facility with a universal

changing facility. The sign must comply with the 2012 Texas

Accessibility Standards.

(g) The Texas Commission of Licensing and Regulation by rule

shall establish exceptions to the required installation of a

universal changing facility under this section for an owner of a

place of public accommodation or public building who demonstrates

that compliance with this section:

(1) would result in an undue financial burden on the

owner; or

(2) is not possible due to the available space at the

place or building.

SECTION 2. (a) Not later than December 1, 2025, the Texas

Commission of Licensing and Regulation shall adopt the rules

required by Section 341.070, Health and Safety Code, as added by

this Act.

(b) This section takes effect September 1, 2025.

SECTION 3. Except as otherwise provided by this Act, this

Act takes effect January 1, 2026.