The text as introduced · 2,178 words
By: Middleton
S.B. No. 240
A BILL TO BE ENTITLED
AN ACT
relating to regulations and policies for entering or using certain
private spaces; authorizing a civil penalty.
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, Government Code, is amended by
adding Chapter 3001 to read as follows:
CHAPTER 3001. GOVERNMENTAL ACTION AFFECTING CERTAIN PRIVATE
SPACES.
Sec. 3001.001. DEFINITIONS. In this chapter:
(1) "Biological sex" means the physical condition of
being male or female, as determined by:
(A) the sex organs, chromosomes, and endogenous
profiles of a person; and
(B) a person's original birth certificate, if the
biological sex is correctly stated on the birth certificate, as
indicated by the biological sex being:
(1) entered at or near the time of birth; or
(2) modified only to correct a scrivener or clerical
error in the biological sex.
(2) "Correctional facility" has the meaning assigned
by Section 1.07, Penal Code.
(3) "Family violence shelter" means a family violence
shelter center or a family violence nonresidential center, as
defined by Section 51.002, Human Resources Code, partaking in a
contract as established by Section 51.003, Human Resources Code.
(4) "Political subdivision" means a governmental
entity of this state that is not a state agency and includes a
county, municipality, special purpose district or authority,
school district, open-enrollment charter school, and junior
college district.
(5) "Private space" 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, shower room, family violence shelter, correctional
facility, and sleeping quarter.
(6) "Single-occupancy private space" 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 or a sleeping quarter that
accommodates a single occupant.
(7) "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 as defined by Section 61.003,
Education Code.
Sec. 3001.002. SAFETY AND PRIVACY IN PRIVATE SPACES. (a) A
political subdivision or state agency shall require each private
space located within a facility owned, operated, or controlled by
the political subdivision or state agency be designated for and
used only by persons based on the person's biological sex.
(b) Nothing in this section shall be construed to prohibit a
political subdivision or state agency from:
(1) adopting policies necessary to accommodate
persons protected under the Americans with Disabilities Act, young
children in need of assistance, or elderly persons requiring aid;
(2) establishing single-occupancy private spaces or
family restrooms, changing rooms, or sleeping quarters; or
(3) redesignating a private space designated for
exclusive use by one sex to a designation for exclusive use by the
opposite sex.
Sec. 3001.003. ACCOMMODATIONS AUTHORIZED. This chapter
does not prohibit a political subdivision or state agency from
providing an accommodation, including a single-occupancy private
space, on request due to special circumstances. The political
subdivision or state agency may not provide an accommodation that
allows a person to use a private space designated for the biological
sex opposite to the person's biological sex.
Sec. 3001.004. EXCEPTIONS. A designation of a private
space under Section 3001.002 does not apply to:
(1) a person entering a private space designated for the
biological sex opposite to the person's biological sex:
(A) for a custodial purpose;
(B) for a maintenance or inspection purpose;
(C) to render medical or other emergency
assistance;
(D) to accompany a person needing assistance in
using the facility;
(E) to receive assistance in using the facility;
or
(2) a child who is:
(A) younger than 10 years of age entering a
private space designated for the biological sex opposite to the
child's biological sex; and
(B) accompanying a person caring for the child.
Sec. 3001.005. 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. 3001.006. COMPLAINT; NOTICE. (a) A citizen of this
state may file a complaint with the attorney general that a
political subdivision or state agency is in violation of this
chapter only if:
(1) the citizen provides the political subdivision or
state agency a written notice that describes 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 of receiving the written notice.
(b) A complaint filed under this section must include:
(1) a copy of the written notice; and
(2) the citizen's sworn statement or affidavit
describing the violation and indicating that the citizen provided
the notice required by this section.
Sec. 3001.007. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
AND NOTICE. (a) Before bringing a suit against a political
subdivision or state agency for a violation of this chapter, the
attorney general shall investigate a complaint filed under Section
3001.006 to determine whether legal action is warranted.
(b) The political subdivision or state agency that is the
subject of 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 regarding whether the entity has
complied or intends to comply with this chapter.
(c) If the attorney general determines that legal action is
warranted, the attorney general shall provide the appropriate
officer of the political subdivision or state agency charged with
the violation a written notice that:
(1) describes the violation and location of the
private space found to be in violation;
(2) states the amount of the proposed penalty for the
violation; and
(3) requires 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 the political
subdivision or state agency was found liable by a court for
previously violating this chapter.
Sec. 3001.008. COLLECTION OF CIVIL PENALTY; MANDAMUS.
(a) If, after receipt of notice under Section 3001.007(c), the
political subdivision or state agency has not cured the violation
on or before the 15th day after the date the notice is provided
under Section 3001.007(c)(3), the attorney general may sue to
collect the civil penalty provided by Section 3001.005.
(b) In addition to filing suit under Subsection (a), the
attorney general may also file a petition for a writ of mandamus or
apply for other appropriate equitable relief.
(c) A suit or petition under this section may be 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 shall 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 B, Chapter 56,
Code of Criminal Procedure.
(f) A person may bring a civil action for declaratory
relief, injunctive relief, and reasonable attorney's fees and costs
against a political subdivision or state agency that violates this
chapter.
Sec. 3001.009. IMMUNITY FROM SUIT AND LIMITS ON
JURISDICTION. (a) Notwithstanding any other law, the state and
each of its officers and employees shall have sovereign immunity,
its political subdivisions and each of their officers and employees
shall have governmental immunity, and each officer and employee of
this state and its political subdivisions shall have official
immunity in any action, claim, counterclaim, or any type of legal or
equitable action that challenges the validity of any provision or
application of this chapter, on constitutional grounds or
otherwise, or that seeks to prevent or enjoin the state or its
political subdivisions or any officer, employee, or agent of this
state or a political subdivision from enforcing any provision or
application of this chapter, or from hearing, adjudicating, or
docketing a suit or petition brought under Section 3001.008, unless
that immunity has been abrogated or preempted by federal law in a
manner consistent with the Constitution of the United States.
(b) Notwithstanding any other law, the immunities conferred
by Subsection (a) shall apply in every court, both state and
federal, and in every adjudicative proceeding of any type
whatsoever.
(c) Notwithstanding any other law, no provision of state law
may be construed to waive or abrogate an immunity described in
Subsection (a) unless it expressly waives or abrogates immunity
with specific reference to this section.
(d) Notwithstanding any other law, no attorney representing
the state or a political subdivision or any officer, employee, or
agent of this state or a political subdivision is authorized or
permitted to waive an immunity described in Subsection (a) or take
any action that would result in a waiver of that immunity, and any
such action or purported waiver shall be regarded as a legal nullity
and an ultra vires act.
(e) Notwithstanding any other law, including Chapter 37,
Civil Practice and Remedies Code, and sections 22.002, 22.221, and
24.007 through 24.011, Government Code, no court of this state may
award declaratory or injunctive relief, or any type of stay or writ,
including a writ of prohibition, that would pronounce any provision
or application of this subchapter invalid or unconstitutional, or
that would restrain the state or its political subdivisions, or any
officer, employee, or agent of this state or a political
subdivision, or any person from enforcing any provision or
application of this chapter, or from hearing, adjudicating,
docketing, or filing a suit or petition brought under
Section 3001.008, and no court of this state shall have
jurisdiction to consider any action, claim, or counterclaim that
seeks such relief.
(f) Notwithstanding any other law, including Chapter 26,
Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil
Procedure, no court of this state may certify a plaintiff or
defendant class in any action seeking the relief described in
Subsection (e).
(g) Nothing in this section or chapter shall be construed to
prevent a litigant from asserting the invalidity or
unconstitutionality of any provision or application of this chapter
as a defense to any action, claim, or counterclaim brought against
that litigant.
Sec. 3001.0010. SOVEREIGN IMMUNITY WAIVED.
Notwithstanding Section 3001.009, sovereign immunity to suit and
governmental immunity are waived and abolished to the extent of
liability created by this chapter.
SECTION 3. Chapter 30, Civil Practice and Remedies Code, is
amended by adding Section 30.023 to read as follows:
Sec. 30.023. AWARD OF ATTORNEY'S FEES IN ACTIONS
CHALLENGING CERTAIN PRIVACY LAWS. (a) Notwithstanding any other
law, any person, including an entity, attorney, or law firm, who
seeks declaratory or injunctive relief to prevent this state, a
political subdivision, any governmental entity or public official
in this state, or any person in this state from enforcing any
statute, ordinance, rule, regulation, or any other type of law that
regulates access to a private space based on biological sex in any
state or federal court, or that represents any 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 that the prevailing party incurs in its 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 attorney's fees
under this section only to the extent that those costs and
attorney's fees were incurred while defending claims or causes of
action on which the party prevailed.
SECTION 4. If any subsection or portion of this act is
declared invalid, that declaration shall not affect the validity of
the remaining portions of the act.
SECTION 5. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2025.
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