Text of TX HB 351 (2017)

85S12298 JCG-D By: Shaheen H.B. No. 381 A BILL TO BE ENTITLED AN ACT relating to the regulation of certain facilities of political subdivisions, including public school districts, and open-enrollment charter schools. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. The heading to Chapter 250, Local Government Code, is amended to read as follows: CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS SECTION 2. Sections 250.001, 250.002, 250.003, 250.004, 250.005, 250.006, 250.007, and 250.008, Local Government Code, are designated as Subchapter A, Chapter 250, Local Government Code, and a heading is added to Subchapter A to read as follows: SUBCHAPTER A. GENERAL PROVISIONS SECTION 3. Chapter 250, Local Government Code, is amended by adding Subchapter B to read as follows: SUBCHAPTER B. REGULATION OF CERTAIN FACILITIES Sec. 250.051. DESIGNATION AND USE OF RESTROOMS, SHOWERS, AND CHANGING FACILITIES. (a) In this subchapter, "sex" means the physical condition of being male or female. (b) Each multiple-occupancy restroom, shower, and changing facility of a political subdivision, including a public school district, or an open-enrollment charter school shall be designated for and used only by persons of the same sex. (c) A private entity that leases or contracts to use a building owned or leased by a political subdivision, including a public school district, or an open-enrollment charter school is not subject to Subsection (b). A political subdivision, including a public school district, or an open-enrollment charter school may not require the private entity to adopt, or prohibit the private entity from adopting, a policy on the designation or use of restrooms, showers, or changing facilities located in the building. Sec. 250.052. CERTAIN POLICIES PROHIBITED. A political subdivision, including a public school district, or an open-enrollment charter school may not adopt or enforce an order, ordinance, policy, or other measure that: (1) relates to the designation or use of a multiple-occupancy restroom, shower, or changing facility; or (2) requires a private entity to adopt, or prohibits the entity from adopting, a policy on the designation or use of the entity's restrooms, showers, or changing facilities. Sec. 250.053. EXCEPTIONS. This subchapter does not preclude a political subdivision, including a public school district, or an open-enrollment charter school from adopting an ordinance, order, policy, or other measure regarding the use of a multiple-occupancy restroom, shower, or changing facility by a person not of the designated sex to: (1) assist in the restroom, shower, or changing facility: (A) a person with a disability; (B) a child under the age of eight; or (C) an elderly person; (2) be assisted in the restroom, shower, or changing facility, if the person is a person described by Subdivision (1)(A), (B), or (C); (3) render medical or other emergency assistance; or (4) maintain the restroom, shower, or changing facility when the restroom, shower, or changing facility is not in use. Sec. 250.054. ENFORCEMENT. (a) This subchapter may be enforced only through an action for mandamus or injunctive relief instituted by: (1) the attorney general against a political subdivision, including a public school district, or open-enrollment charter school that is violating this subchapter; or (2) a parent or legal guardian of a child enrolled in a public school district or open-enrollment charter school that is violating this subchapter against that public school district or open-enrollment charter school. (b) The attorney general or parent or legal guardian may recover costs and attorney's fees related to enforcing this subchapter. (c) Governmental immunity of a political subdivision to suit is waived and abolished to the extent of liability created under this section. SECTION 4. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect on the 91st day after the last day of the legislative session.