Bill Text: TX SB3 | 2017 | 85th Legislature 1st Special Session | Engrossed
Bill Title: Relating to the regulation of certain facilities and activities of political subdivisions, including public school districts, and open-enrollment charter schools.
Spectrum: Partisan Bill (Republican 10-0)
Status: (Engrossed - Dead) 2017-08-15 - Co-author authorized [SB3 Detail]
Download: Texas-2017-SB3-Engrossed.html
| By: Kolkhorst, et al. | S.B. No. 3 | |
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| relating to the regulation of certain facilities and activities of | ||
| political subdivisions, including public school districts, and | ||
| open-enrollment charter schools. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. The heading to Chapter 250, Local Government | ||
| Code, is amended to read as follows: | ||
| CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF | ||
| MUNICIPALITIES, [ |
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| SECTION 2. Chapter 250, Local Government Code, is amended | ||
| by adding Section 250.009 to read as follows: | ||
| Sec. 250.009. REGULATION OF CERTAIN FACILITIES AND | ||
| ACTIVITIES. (a) Each multiple-occupancy restroom, shower, and | ||
| changing facility of a political subdivision, including a public | ||
| school district, or an open-enrollment charter school must be | ||
| designated for and used only by persons of the same sex as stated on | ||
| a person's: | ||
| (1) birth certificate; or | ||
| (2) driver's license, personal identification | ||
| certificate, or license to carry a handgun, issued to the person by | ||
| the Department of Public Safety of the State of Texas. | ||
| (b) In an effort to ensure the right of each person to | ||
| participate in athletic activities and have access to restrooms, | ||
| locker rooms, showers, and changing facilities with privacy, | ||
| dignity, and safety, and except in accordance with federal law as | ||
| enacted by Congress and interpreted in controlling federal case law | ||
| and state law as enacted by the legislature and interpreted in | ||
| controlling case law of this state, a political subdivision, | ||
| including a public school district, or an open-enrollment charter | ||
| school may not adopt or enforce an order, ordinance, policy, or | ||
| other measure that: | ||
| (1) relates to the designation or use of a | ||
| multiple-occupancy restroom, shower, or changing facility; | ||
| (2) requires a private entity to adopt, or prohibits | ||
| the entity from adopting, a policy on the designation or use of the | ||
| entity's multiple-occupancy restrooms, showers, or changing | ||
| facilities; or | ||
| (3) allows a person whose birth certificate states | ||
| their sex as male to participate in athletic activities designated | ||
| for a person whose birth certificate states their sex as female. | ||
| (c) A private entity that leases or contracts to use a | ||
| building owned or leased by a political subdivision, including a | ||
| public school district, or an open-enrollment charter school is not | ||
| subject to Subsection (a). A political subdivision, including a | ||
| public school district, or an open-enrollment charter school may | ||
| not require the private entity to adopt, or prohibit the private | ||
| entity from adopting, a policy on the designation or use of | ||
| restrooms, showers, or changing facilities located in the building. | ||
| (d) This section may be enforced only through an action | ||
| instituted by the attorney general for mandamus or injunctive | ||
| relief. The attorney general may recover costs and attorney's fees | ||
| related to enforcing this section. | ||
| (e) This section does not preclude a political subdivision, | ||
| including a public school district, or an open-enrollment charter | ||
| school from adopting an ordinance, order, policy, or other measure | ||
| regarding the use of a restroom, shower, or changing facility by a | ||
| person not of the designated sex to: | ||
| (1) assist in the restroom, shower, or changing | ||
| facility: | ||
| (A) a person with a disability; | ||
| (B) a child under the age of eight; or | ||
| (C) an elderly person. | ||
| (2) be assisted in the restroom, shower, or changing | ||
| facility, if the person is a person described by Subdivision | ||
| (1)(A), (B), or (C); | ||
| (3) render medical or other emergency assistance; or | ||
| (4) maintain the restroom, shower, or changing | ||
| facility when the restroom, shower, or changing facility is not in | ||
| use. | ||
| (f) This section does not prohibit a political subdivision, | ||
| including a public school district, or an open-enrollment charter | ||
| school from providing an accommodation, including a | ||
| single-occupancy restroom, shower, or changing facility or the | ||
| controlled use of a faculty restroom, shower, or changing facility, | ||
| on request due to special circumstances. | ||
| SECTION 3. Subchapter Z, Chapter 2252, Government Code, is | ||
| amended by adding Section 2252.909 to read as follows: | ||
| Sec. 2252.909. CONSIDERATION OF CERTAIN POLICIES | ||
| PROHIBITED. In awarding a contract for the purchase of goods or | ||
| services, a political subdivision, including a public school | ||
| district, or an 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 4. 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 on the 91st day after the last day of the | ||
| legislative session. | ||
