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A BILL TO BE ENTITLED
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AN ACT
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relating to the use of public locker rooms, shower facilities, and |
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toilet facilities; creating a criminal offense. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 341.061, Health and Safety Code, is |
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amended to read as follows: |
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Sec. 341.061. LOCKER ROOMS, SHOWER FACILITIES, AND TOILET |
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FACILITIES; CRIMINAL PENALTY. (a) An operator, manager, or |
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superintendent of a public building, schoolhouse, theater, filling |
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station, tourist court, bus station, or tavern shall provide and |
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maintain sanitary toilet facilities [accommodations]. |
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(b) An operator, manager, superintendent, or other person |
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with authority over a building described by Subsection (a) may not |
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allow an individual who is at least seven years of age to repeatedly |
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enter a locker room, shower facility, or toilet facility in the |
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building that is designated for use by persons of a gender that is |
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not the same gender as the individual's gender. A violation of this |
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subsection is a state jail felony. |
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(c) An individual who is at least 13 years of age may not |
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enter a locker room, shower facility, or toilet facility that is |
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designated for use by persons of a gender that is not the same |
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gender as the individual's gender. A violation of this subsection |
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is a Class A misdemeanor. |
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(d) It is a defense to prosecution under Subsections (b) and |
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(c) that the individual enters the locker room, shower facility, or |
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toilet facility for a custodial purpose, to give medical |
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assistance, or to accompany a child younger than eight years of age |
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and of a gender that is not the same gender as the individual's |
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gender. |
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(e) For the purpose of this section, the gender of an |
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individual is the gender established at the individual's birth or |
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the gender established by the individual's chromosomes. A male is |
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an individual with at least one X chromosome and at least one Y |
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chromosome, and a female is an individual with at least one X |
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chromosome and no Y chromosomes. If an individual's gender |
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established at the individual's birth is not the same as the |
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individual's gender established by the individual's chromosomes, |
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the individual's gender established by the individual's chromosomes |
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controls under this section. |
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SECTION 2. This Act takes effect September 1, 2015. |