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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of a bathroom, locker room, or shower facility |
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in a public school. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 38, Education Code, is amended by adding |
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Subchapter F to read as follows: |
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SUBCHAPTER F. BATHROOM, LOCKER ROOM, AND SHOWER FACILITY USE |
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Sec. 38.251. SEPARATION BASED ON BIOLOGICAL SEX REQUIRED. |
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A school district shall adopt a policy providing that only persons |
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of the same biological sex may be present at the same time in any |
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bathroom, locker room, or shower facility in a building owned by the |
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district. |
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Sec. 38.252. ALTERNATE ACCOMMODATIONS FOR CERTAIN |
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STUDENTS. (a) A school district shall provide reasonable |
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alternate bathroom, locker room, or shower facility accommodations |
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to a student if: |
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(1) the student asserts a gender identity that is |
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different from the student's biological sex; and |
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(2) the student's parent or guardian consents in |
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writing to the provision of alternate accommodations. |
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(b) A school district must comply with the policy adopted |
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under Section 38.251 in providing alternate accommodations under |
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Subsection (a). |
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(c) This section does not require a school district to |
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construct, maintain, or modify a bathroom, locker room, or shower |
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facility to provide any alternate accommodations required under |
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Subsection (a). |
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Sec. 38.253. LIABILITY FOR VIOLATION. (a) A school |
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district is liable to a student who encounters a person not of the |
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student's biological sex in a bathroom, locker room, or shower |
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facility that is designated for use by persons of the student's |
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biological sex if any employee of the district: |
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(1) knew that the person was not of the same biological |
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sex for which the bathroom, locker room, or shower facility was |
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designated; and |
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(2) permitted the person to enter or failed to take |
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reasonable steps to prevent the person from entering the bathroom, |
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locker room, or shower facility. |
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(b) It is a defense to liability under this section that the |
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person entered the bathroom, locker room, or shower facility for a |
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custodial purpose, for the purpose of repairing the facility, to |
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give medical assistance, or to supervise or assist a student. |
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(c) A student who prevails in a suit under this section |
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shall be awarded: |
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(1) exemplary damages in the amount of $2,000; |
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(2) actual damages, including damages for mental |
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anguish even if an injury other than mental anguish is not shown; |
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(3) court costs; and |
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(4) reasonable attorney's fees. |
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(d) The cause of action created by this section is |
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cumulative of any other remedy provided by common law or statute. |
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(e) This section does not override the immunity from |
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personal liability granted in Section 22.0511 or other law. |
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Sec. 38.254. SINGLE-OCCUPANT FACILITIES NOT PROHIBITED. |
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This subchapter does not prohibit a school district from |
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constructing or maintaining a bathroom, locker room, or shower |
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facility designed for use by only one person at a time or from |
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modifying existing facilities for that use. |
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SECTION 2. This Act takes effect September 1, 2015. |