State agencies and local governments would assign shared private spaces by sex, with enforcement through state penalties and lawsuits after the Act takes effect.
State agencies and local governments would assign shared restrooms and similar private spaces by sex, while allowing single-person spaces and limited assistance exceptions.
Prisons would house inmates by sex, and certain shelters for female victims would serve females and their children age 17 or younger.
Violations could lead to state penalties and private lawsuits, but complainants must follow notice and correction steps; some unsuccessful court challenges could result in fee awards.
Political subdivisions and state agencies must assign each shared private space they own, operate, or control for use by only one sex. Shared private spaces include restrooms, locker rooms, changing rooms, shower rooms, and similar facilities where more than one person may be undressed. Officials must take every reasonable step to keep a person from entering a space assigned to the other sex. They may create single-person spaces, family restrooms, or changing rooms. They may make policies to assist a person with a disability, a young child, or an older person who needs help. They may not provide an accommodation that lets a person use a shared space assigned exclusively to the other sex. These rules apply to causes of action that accrue on or after the Act's effective date. The Act takes effect on the 91st day after the last day of the legislative session.
The Texas Department of Criminal Justice must house inmates according to their sex, and certain female family violence shelters may provide services only to females and their qualifying children. The inmate rule covers correctional facilities, including dormitories and cellblocks. The shelter rule covers shelters designed specifically for female victims and children age 17 or younger who are children of a female receiving services. The Texas Board of Criminal Justice must adopt implementation rules that comply with state and federal law. A covered shelter may serve a child only when the child is 17 or younger and is the child of a female receiving shelter services. These rules apply to causes of action that accrue on or after the Act's effective date. The Act takes effect on the 91st day after the last day of the legislative session.
A resident may report a violation, the attorney general may seek civil penalties and court orders, and a person affected by a violation may sue for court orders and legal costs. The enforcement rules cover political subdivisions and state agencies that violate the chapter, plus people affected by those violations and people who seek court relief against sex-based access laws. A resident must first give written notice, and the government entity gets three business days to correct the violation before a complaint may be filed. The attorney general must investigate and generally give the entity 15 days to correct the violation before seeking a penalty, unless a court has already found a violation. Penalties are $25,000 for a first violation and $125,000 for a later violation, with each day of a continuing violation counted separately. A person affected by a violation may seek declaratory or injunctive relief and court costs, including reasonable attorney and witness fees. A person who seeks certain preventive relief and loses may have to pay the winning party's reasonable costs and attorney fees. The enforcement rules apply to causes of action that accrue on or after the Act's effective date. The Act takes effect on the 91st day after the last day of the legislative session.
No hearings or votes scheduled.