85R10289 LED-F
 
  By: Hinojosa H.B. No. 4243
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to regulations and policies for entering or using a
  bathroom or changing facility in buildings operated by certain
  governmental entities and public schools; authorizing a civil
  penalty.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subtitle A, Title 9, Health and Safety Code, is
  amended by adding Chapter 769 to read as follows:
  CHAPTER 769.  GOVERNMENTAL ENTITY AND PUBLIC SCHOOL BATHROOMS AND
  CHANGING FACILITIES
         Sec. 769.001.  DEFINITIONS. In this chapter:
               (1)  "Gender expression" means the external appearance
  of an individual's gender identity that is usually expressed
  through the individual's behavior, clothing, haircut, or voice,
  regardless of whether the individual's appearance conforms to
  socially defined behaviors and characteristics typically
  associated with being either masculine or feminine.
               (2)  "Gender identity" means an individual's innermost
  concept, perception, and identification of self as male, female, a
  blend of both, or neither. Gender identity may be the same as or
  different from the sex assigned to an individual at birth.
               (3)  "Open-enrollment charter school" means a school
  that has been granted a charter under Subchapter D, Chapter 12,
  Education Code.
               (4)  "Political subdivision" means a governmental
  entity of this state that is not a state agency and includes a
  county, municipality, hospital district, special purpose district
  or authority, and junior college district.  The term does not
  include a school district.
               (5)  "Public hospital" means a hospital owned,
  operated, or leased by a governmental entity of this state.
               (6)  "School district" means any public school district
  in this state.
               (7)  "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 as defined by Section 61.003,
  Education Code.
         Sec. 769.002.  APPLICABILITY.  This chapter applies to:
               (1)  an open-enrollment charter school;
               (2)  a political subdivision;
               (3)  a public hospital;
               (4)  a school district; and
               (5)  a state agency.
         Sec. 769.003.  USE OF BATHROOM OR CHANGING FACILITY. An
  entity listed in Section 769.002 that has control over a bathroom or
  changing facility in a building owned or leased by the entity shall
  allow a person to use a bathroom or changing facility located in the
  building consistent with the person's gender identity or gender
  expression.
         Sec. 769.004.  CIVIL PENALTY. (a)  An entity listed in
  Section 769.002 that violates this chapter is liable for a civil
  penalty of:
               (1)  not less than $1,000 and not more than $1,500 for
  the first violation; and
               (2)  not less than $10,000 and not more than $10,500 for
  the second or a subsequent violation.
         (b)  Each day of a continuing violation of this chapter
  constitutes a separate violation.
         Sec. 769.005.  COMPLAINT; NOTICE.  (a)  A citizen of this
  state may file a complaint with the attorney general that an entity
  is in violation of this chapter only if:
               (1)  the citizen provides the entity a written notice
  that describes the violation; and
               (2)  the entity does not cure the violation before the
  end of the third business day after the date of receiving the
  written notice.
         (b)  A complaint filed under this section must include:
               (1)  a copy of the written notice; and
               (2)  a signed statement by the citizen describing the
  violation and indicating that the citizen provided the notice
  required by this section.
         Sec. 769.006.  DUTIES OF ATTORNEY GENERAL:  INVESTIGATION
  AND NOTICE.  (a)  Before bringing a suit against an entity for a
  violation of this chapter, the attorney general shall investigate a
  complaint filed under Section 769.005 to determine whether legal
  action is warranted.
         (b)  If the attorney general determines that legal action is
  warranted, the attorney general shall provide the appropriate
  officer of the entity charged with the violation a written notice
  that:
               (1)  describes the violation and location of the
  bathroom or changing facility found to be in violation;
               (2)  states the amount of the proposed penalty for the
  violation; and
               (3)  requires the entity to cure the violation on or
  before the 15th day after the date the notice is received to avoid
  the penalty, unless the entity was found liable by a court for
  previously violating this chapter.
         Sec. 769.007.  COLLECTION OF CIVIL PENALTY; MANDAMUS.  (a)  
  If, after receipt of notice under Section 769.006(b), the entity
  has not cured the violation on or before the 15th day after the date
  the notice is provided under Section 769.006(b)(3), the attorney
  general may sue to collect the civil penalty provided by Section
  769.004.
         (b)  In addition to filing suit under Subsection (a), the
  attorney general may also file a petition for a writ of mandamus or
  apply for other appropriate equitable relief.
         (c)  A suit or petition under this section may be filed in a
  district court in:
               (1)  Travis County; or
               (2)  the county in which the principal office of the
  entity is located.
         (d)  The attorney general may recover reasonable expenses
  incurred in obtaining relief under this section, including court
  costs, reasonable attorney's fees, investigative costs, witness
  fees, and deposition costs.
         (e)  A civil penalty collected by the attorney general under
  this section shall be deposited to the credit of the compensation to
  victims of crime fund established under Subchapter B, Chapter 56,
  Code of Criminal Procedure.
         Sec. 769.008.  SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.  
  Sovereign and governmental immunity to suit is waived and abolished
  to the extent of liability created by this chapter.
         SECTION 2.  This Act takes effect September 1, 2017.