Bill Text: TX HB1362 | 2017-2018 | 85th Legislature | Introduced
Bill Title: Relating to state agency and local government regulation of the use of multi-occupancy private spaces.
Spectrum: Partisan Bill (Republican 14-0)
Status: (Introduced - Dead) 2017-02-27 - Referred to State Affairs [HB1362 Detail]
Download: Texas-2017-HB1362-Introduced.html
| 85R7782 JCG/SCL-D | ||
| By: Shaheen | H.B. No. 1362 | |
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| relating to state agency and local government regulation of the use | ||
| of multi-occupancy private spaces. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Subchapter A, Chapter 38, Education Code, is | ||
| amended by adding Section 38.027 to read as follows: | ||
| Sec. 38.027. REGULATION OF MULTI-OCCUPANCY PRIVATE SPACES. | ||
| (a) In this section, "multi-occupancy private space" means a | ||
| restroom, locker room, changing room, shower room, or other similar | ||
| facility: | ||
| (1) in which a person may be in a state of undress; and | ||
| (2) that is designated to be used by more than one | ||
| person at a time. | ||
| (b) The board of trustees or the superintendent of a school | ||
| district may not adopt a policy or other measure regarding the use | ||
| of the district's multi-occupancy private spaces by more than one | ||
| sex or gender. | ||
| (c) The attorney general may bring an action for an | ||
| injunction to prevent or restrain a violation of this section. The | ||
| attorney general may recover reasonable costs and attorney's fees | ||
| incurred in obtaining an injunction under this subsection. | ||
| Governmental immunity to suit and from liability is waived and | ||
| abolished to the extent of liability created by this subsection. | ||
| SECTION 2. Subtitle A, Title 9, Health and Safety Code, is | ||
| amended by adding Chapter 769 to read as follows: | ||
| CHAPTER 769. REGULATION RELATING TO USE OF MULTI-OCCUPANCY PRIVATE | ||
| SPACES | ||
| Sec. 769.001. DEFINITIONS. In this chapter: | ||
| (1) "Multi-occupancy private space" means a restroom, | ||
| locker room, changing room, shower room, or other similar facility: | ||
| (A) in which a person may be in a state of | ||
| undress; and | ||
| (B) that is designated to be used by more than one | ||
| person at a time. | ||
| (2) "State agency" means any department, commission, | ||
| board, office, or other agency in the executive, legislative, or | ||
| judicial branch of state government created by the constitution or | ||
| a statute of this state. | ||
| Sec. 769.002. REGULATION OF PRIVATE ENTITIES. A state | ||
| agency or a political subdivision of this state may not adopt or | ||
| enforce an order, rule, policy, ordinance, or other measure that | ||
| limits the ability of a private entity to adopt or enforce a policy | ||
| on the use of the private entity's multi-occupancy private spaces | ||
| by one or more sexes or genders, including for the term of a lease by | ||
| a private entity of a facility of a state agency or political | ||
| subdivision. | ||
| Sec. 769.003. INJUNCTION. (a) The attorney general may | ||
| bring an action for an injunction to prevent or restrain a violation | ||
| of this section. The attorney general may recover reasonable costs | ||
| and attorney's fees incurred in obtaining an injunction under this | ||
| subsection. | ||
| (b) Sovereign and governmental immunity to suit and from | ||
| liability is waived and abolished to the extent of liability | ||
| created by this section. | ||
| SECTION 3. Section 38.027, Education Code, and Chapter 769, | ||
| Health and Safety Code, as added by this Act, apply to an order, | ||
| rule, policy, ordinance, or other measure adopted before, on, or | ||
| after the effective date of this Act. | ||
| SECTION 4. This Act takes effect September 1, 2017. | ||
