SB240 - Relating to the designation and use of certain spaces and facilities according to biological sex; authorizing a civil penalty and a private civil right of action.

      By: Middleton, et al. S.B. No. 240     A BILL TO BE ENTITLED   AN ACT   relating to the designation and use of certain spaces and   facilities according to biological sex; authorizing a civil penalty   and a private civil right of action.          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, Title 10, Government Code, is   amended by adding Chapter 3001 to read as follows:   CHAPTER 3001.   REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND   FACILITIES ACCORDING TO BIOLOGICAL SEX   SUBCHAPTER A.   GENERAL PROVISIONS           Sec. 3001.001.  DEFINITIONS. In this chapter:                 (1)     "Biological sex" means the physical condition of   being male or female, as determined by an individual's:                       (A)     sex organs, chromosomes, and endogenous   profiles; and                       (B)     original birth certificate, if the   individual's biological sex is recorded on the birth certificate   and the record:                             (i)     was entered at or near the time of   birth; and                             (ii)     has not been modified other than a   modification to correct a scrivener or clerical error in the   recorded biological sex.                 (2)     "Correctional facility" has the meaning assigned   by Section 1.07, Penal Code.                 (3)     "Family violence shelter" means a family violence   nonresidential center or a family violence shelter center, as those   terms are defined by Section 51.002, Human Resources Code, that has   contracted with the Health and Human Services Commission under   Section 51.003, Human Resources Code.                 (4)     "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                 (5)     "Multiple-occupancy private space" means a   facility designed or designated for the simultaneous use by more   than one individual and in which an individual may be in a state of   undress in the presence of another individual, regardless of   whether the facility provides curtains or partial walls for   privacy.   The term includes a restroom, locker room, changing room,   or shower room.                 (6)     "Political subdivision" means a governmental   entity of this state, including a county, municipality, special   purpose district or authority, school district, open-enrollment   charter school, or junior college district.   The term does not   include a state agency.                 (7)     "Single-occupancy private space" means a facility   designed or designated for use by only one individual at a time and   in which an individual may be in a state of undress. The term   includes:                       (A)     a single toilet restroom with a locking door   that is designed or designated as unisex or for use based on   biological sex; and                       (B)     sleeping quarters designed or designated for   use by one individual.                 (8)     "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.           Sec.   3001.002.     CONSTRUCTION OF CHAPTER. This chapter may   not be construed to prevent a litigant from asserting the   invalidity or unconstitutionality of a provision or application of   this chapter as a defense to liability in an action, claim, or   counterclaim brought under this chapter.   SUBCHAPTER B.   DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES   ACCORDING TO BIOLOGICAL SEX           Sec.   3001.051.     DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE   SPACES.   (a)   A political subdivision or state agency shall ensure   each multiple-occupancy private space in a building the political   subdivision or state agency owns, operates, or controls is   designated for and used only by individuals of the same biological   sex.           (b)     A political subdivision or state agency shall take every   reasonable step to ensure an individual whose biological sex is   opposite to the biological sex designated for a multiple-occupancy   private space under Subsection (a) does not enter the private   space.           Sec.   3001.052.     ACCOMMODATIONS. (a)   Section 3001.051 does   not prohibit a political subdivision or state agency from:                 (1)     adopting a policy necessary to accommodate an   individual with a disability, a young child, or an elderly   individual who requires assistance when using a multiple-occupancy   private space;                 (2)     establishing a single-occupancy private space,   family restroom, or changing room; or                 (3)     changing the designation of a multiple-occupancy   private space from the use designated under Section 3001.051 to   exclusive use by individuals of the biological sex opposite to the   previously designated biological sex.           (b)     A political subdivision or state agency may not provide   an accommodation under Subsection (a) that allows an individual to   use a multiple-occupancy private space designated for the exclusive   use of individuals of the biological sex opposite to the   individual's biological sex.           Sec.   3001.053.     EXCEPTIONS. A designation of a   multiple-occupancy private space under Section 3001.051 does not   apply to:                 (1)     an individual entering a multiple-occupancy   private space designated for the exclusive use of individuals of   the biological sex opposite to the individual's biological sex:                       (A)  for a custodial purpose;                       (B)  for a maintenance or inspection purpose;                       (C)     to render medical or other emergency   assistance; or                       (D)     to accompany an individual who needs   assistance in using the facility and provide assistance; or                 (2)  a child who is:                       (A)     nine years of age or younger entering a   multiple-occupancy private space designated for the exclusive use   of individuals of the biological sex opposite to the child's   biological sex; and                       (B)     accompanied by an individual caring for the   child.           Sec.   3001.054.     HOUSING OF INMATES ACCORDING TO BIOLOGICAL   SEX. (a)   The Texas Department of Criminal Justice shall ensure   inmates are housed in a correctional facility, including a   dormitory or cellblock of a correctional facility, according to the   inmate's biological sex.           (b)     The Texas Board of Criminal Justice may adopt rules to   implement this section, including rules ensuring this section is   implemented in compliance with state and federal law.           Sec.   3001.055.     PROHIBITED SERVICES AT CERTAIN FAMILY   VIOLENCE SHELTERS. A family violence shelter designed specifically   to provide services to female victims of family violence may only   provide services to:                 (1)  an individual whose biological sex is female; and                 (2)     an individual who is 17 years of age or younger and   is the child of an individual described by Subdivision (1).   SUBCHAPTER C.   ENFORCEMENT           Sec.   3001.101.     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.   3001.102.     COMPLAINT; NOTICE.   (a)   A resident of this   state may file a complaint with the attorney general against a   political subdivision or state agency for a violation of this   chapter only if:                 (1)     the resident provides the political subdivision or   state agency a written notice describing 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 the written notice is received.           (b)  A complaint filed under this section must include:                 (1)  a copy of the written notice; and                 (2)     the resident's sworn statement or affidavit   describing the violation and indicating the resident provided the   notice required by this section.           Sec.   3001.103.     DUTIES OF ATTORNEY GENERAL: INVESTIGATION   AND NOTICE.   (a)   Before bringing an action against a political   subdivision or state agency for a violation of this chapter, the   attorney general shall investigate a complaint filed under Section   3001.102 to determine whether legal action is warranted.           (b)     The political subdivision or state agency subject to 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 on whether the political subdivision   or state agency has complied or intends to comply with this chapter.           (c)     If the attorney general determines legal action is   warranted, the attorney general shall provide to the appropriate   officer of the political subdivision or state agency charged with   the violation a written notice:                 (1)     describing the violation and location of the   multiple-occupancy private space found to be in violation;                 (2)     stating the amount of the proposed penalty for the   violation; and     &#x [Text truncated for display. 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