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A BILL TO BE ENTITLED
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AN ACT
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relating to state agency and local government regulation of the use |
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of multi-occupancy private spaces. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter A, Chapter 38, Education Code, is |
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amended by adding Section 38.027 to read as follows: |
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Sec. 38.027. REGULATION OF MULTI-OCCUPANCY PRIVATE SPACES. |
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(a) In this section, "multi-occupancy private space" means a |
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restroom, locker room, changing room, shower room, or other similar |
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facility: |
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(1) in which a person may be in a state of undress; and |
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(2) that is designated to be used by more than one |
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person at a time. |
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(b) The board of trustees or the superintendent of a school |
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district may not adopt a policy or other measure regarding the use |
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of the district's multi-occupancy private spaces by more than one |
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sex or gender. |
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(c) The attorney general may bring an action for an |
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injunction to prevent or restrain a violation of this section. The |
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attorney general may recover reasonable costs and attorney's fees |
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incurred in obtaining an injunction under this subsection. |
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Governmental immunity to suit and from liability is waived and |
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abolished to the extent of liability created by this subsection. |
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SECTION 2. Subtitle A, Title 9, Health and Safety Code, is |
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amended by adding Chapter 769 to read as follows: |
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CHAPTER 769. REGULATION RELATING TO USE OF MULTI-OCCUPANCY PRIVATE |
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SPACES |
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Sec. 769.001. DEFINITIONS. In this chapter: |
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(1) "Multi-occupancy private space" means a restroom, |
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locker room, changing room, shower room, or other similar facility: |
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(A) in which a person may be in a state of |
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undress; and |
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(B) that is designated to be used by more than one |
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person at a time. |
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(2) "State agency" means any department, commission, |
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board, office, or other agency in the executive, legislative, or |
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judicial branch of state government created by the constitution or |
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a statute of this state. |
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Sec. 769.002. REGULATION OF PRIVATE ENTITIES. A state |
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agency or a political subdivision of this state may not adopt or |
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enforce an order, rule, policy, ordinance, or other measure that |
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limits the ability of a private entity to adopt or enforce a policy |
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on the use of the private entity's multi-occupancy private spaces |
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by one or more sexes or genders, including for the term of a lease by |
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a private entity of a facility of a state agency or political |
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subdivision. |
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Sec. 769.003. INJUNCTION. (a) The attorney general may |
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bring an action for an injunction to prevent or restrain a violation |
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of this section. The attorney general may recover reasonable costs |
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and attorney's fees incurred in obtaining an injunction under this |
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subsection. |
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(b) Sovereign and governmental immunity to suit and from |
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liability is waived and abolished to the extent of liability |
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created by this section. |
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SECTION 3. Section 38.027, Education Code, and Chapter 769, |
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Health and Safety Code, as added by this Act, apply to an order, |
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rule, policy, ordinance, or other measure adopted before, on, or |
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after the effective date of this Act. |
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SECTION 4. This Act takes effect September 1, 2017. |