Text of TX SB 3 (2017)

85S11077 JCG-D By: Kolkhorst S.B. No. 3 A BILL TO BE ENTITLED AN ACT relating to the regulation of certain facilities and activities 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. Chapter 250, Local Government Code, is amended by adding Section 250.009 to read as follows: Sec. 250.009. REGULATION OF CERTAIN FACILITIES AND ACTIVITIES. (a) Each multiple-occupancy restroom, shower, and changing facility of a political subdivision, including a public school district, or an open-enrollment charter school must be designated for and used only by persons of the same sex as stated on a person's birth certificate. (b) Except in accordance with federal law as enacted by Congress and interpreted in controlling federal case law and state law as enacted by the legislature and interpreted in controlling case law of this state, 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 to protect a class of persons from discrimination to the extent that the order, ordinance, policy, or other measure regulates: (1) access to multiple-occupancy restrooms, showers, or changing facilities; or (2) participation in athletic activities. (c) This section may be enforced only through an action instituted by the attorney general for mandamus or injunctive relief. The attorney general may recover costs and attorney's fees related to enforcing this section. SECTION 3. 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.