88R6742 CXP-D
	By: Toth	H.B. No. 5236

	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, 2023.