Bill Text: TX HB170 | 2017 | 85th Legislature 1st Special Session | Introduced
Bill Title: Relating to single-occupancy bathroom and changing facilities in public buildings; authorizing a civil penalty.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2017-07-20 - Referred to State Affairs [HB170 Detail]
Download: Texas-2017-HB170-Introduced.html
| 85S10121 LED-D | ||
| By: Dutton | H.B. No. 170 | |
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| relating to single-occupancy bathroom and changing facilities in | ||
| public buildings; authorizing a civil penalty. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 341, Health and Safety Code, is amended | ||
| by adding Sections 341.071 and 341.0711 to read as follows: | ||
| Sec. 341.071. BATHROOM AND CHANGING FACILITIES. (a) In | ||
| this section: | ||
| (1) "Public building" means a building used or to be | ||
| used for purposes that provide for public access or occupancy, | ||
| including a building owned or controlled by this state or a | ||
| political subdivision of this state. | ||
| (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. | ||
| (b) A person with control over bathrooms and changing | ||
| facilities in a public building shall ensure that each bathroom and | ||
| changing facility located in the public building is a | ||
| gender-neutral, single-occupancy bathroom or changing facility. | ||
| (c) Subsection (b) does not apply to: | ||
| (1) a federal building or other building exempt from | ||
| the requirements of that subsection by the application of other | ||
| law; or | ||
| (2) a public building constructed before January 1, | ||
| 2018. | ||
| Sec. 341.0711. BATHROOM AND CHANGING FACILITIES; CIVIL | ||
| PENALTY. (a) A person who violates Section 341.071 is subject to a | ||
| civil penalty of not less than $500 for each violation. | ||
| (b) Each day a violation continues or occurs constitutes a | ||
| separate violation for the purposes of assessing a civil penalty | ||
| under this section. | ||
| (c) In determining the amount of a civil penalty, the court | ||
| hearing the matter shall consider: | ||
| (1) the person's history of previous violations; | ||
| (2) the seriousness of the violation; | ||
| (3) the amount necessary to deter future violations; | ||
| (4) the demonstrated good faith of the person charged; | ||
| and | ||
| (5) any other matter as justice may require. | ||
| (d) The attorney general or the appropriate district or | ||
| county attorney, in the name of the state, may bring an action under | ||
| this section in a district court of Travis County or of a county in | ||
| which the violation occurs. | ||
| (e) A civil penalty recovered in a suit instituted by a | ||
| local government under this chapter shall be paid to the local | ||
| government. | ||
| (f) The attorney general or the appropriate district or | ||
| county attorney may recover reasonable expenses, including | ||
| investigative costs, reasonable attorney's fees, witness fees, and | ||
| deposition expenses, incurred in obtaining a civil penalty under | ||
| this section. | ||
| SECTION 2. Subchapter F, Chapter 341, Health and Safety | ||
| Code, is amended by adding Section 341.093 to read as follows: | ||
| Sec. 341.093. APPLICABILITY. This subchapter does not | ||
| apply to a violation of Section 341.071. | ||
| SECTION 3. Sections 341.071 and 341.0711, Health and Safety | ||
| Code, as added by this Act, apply only with respect to the | ||
| construction of a public building commenced on or after January 1, | ||
| 2018. Construction of a public building commenced before the | ||
| effective date of this Act is governed by the law applicable to the | ||
| construction immediately before the effective date of this Act. | ||
| For the purposes of this section, construction commenced before | ||
| January 1, 2018, if the application for a building permit under | ||
| which the construction commences was submitted before January 1, | ||
| 2018. | ||
| SECTION 4. This Act takes effect December 1, 2017. | ||
