85R6551 LED-D     By: Kolkhorst S.B. No. 6       A BILL TO BE ENTITLED   AN ACT   relating to regulations and policies for entering or using a   bathroom or changing facility; authorizing a civil penalty;   increasing criminal penalties.          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]          SECTION 2.  Chapter 250, Local Government Code, is amended   by adding Section 250.008 to read as follows:          Sec. 250.008.  REGULATIONS RELATING TO CERTAIN BATHROOM OR   CHANGING FACILITIES PROHIBITED. (a) For the purposes of this   section, "bathroom or changing facility" means a facility where a   person may be in a state of undress, including a restroom, locker   room, changing room, or shower room.          (b)  A political subdivision may not adopt or enforce an   order, ordinance, or other measure that relates to the designation   or use of a private entity's bathroom or changing facility or that   requires or prohibits the entity from adopting a policy on the   designation or use of the entity's bathroom or changing facility.          SECTION 3.  Subchapter Z, Chapter 271, Local Government   Code, is amended by adding Section 271.909 to read as follows:          Sec. 271.909.  CONSIDERATION OF CERTAIN POLICIES   PROHIBITED. (a)  For the purposes of this section, "bathroom or   changing facility" has the meaning assigned by Section 250.008.          (b)  In awarding a contract for the purchase of goods or   services, a political subdivision may not consider whether a   private entity competing for the contract has adopted a policy   relating to the designation or use of the entity's bathroom or   changing facility.          SECTION 4.  Subtitle A, Title 9, Health and Safety Code, is   amended by adding Chapter 769 to read as follows:   CHAPTER 769.  PUBLIC SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND   CHANGING FACILITIES   SUBCHAPTER A. GENERAL PROVISIONS          Sec. 769.001.  DEFINITIONS. In this chapter:                (1)  "Biological sex" means the physical condition of   being male or female, which is stated on a person's birth   certificate.                (2)  "Institution of higher education" has the meaning   assigned by Section 61.003, Education Code.                (3)  "Multiple-occupancy bathroom or changing   facility" means a facility designed or designated for use by more   than one person at a time, where a person may be in a state of   undress in the presence of another person, regardless of whether   the facility provides curtains or partial walls for privacy. The   term includes a restroom, locker room, changing room, or shower   room.                (4)  "Open-enrollment charter school" means a school   that has been granted a charter under Subchapter D, Chapter 12,   Education Code.                (5)  "Political subdivision" means a governmental   entity of this state that is not a state agency and includes a   county, municipality, special purpose district or authority, and   junior college district.  The term does not include a school   district.                (6)  "School district" means any public school district   in this state.                (7)  "Single-occupancy bathroom or changing facility"   means a facility designed or designated for use by only one person   at a time, where a person may be in a state of undress, including a   single toilet restroom with a locking door that is designed or   designated as unisex or for use based on biological sex.                (8)  "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.   SUBCHAPTER B. PUBLIC SCHOOLS          Sec. 769.051.  SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR   CHANGING FACILITY.  A school district or open-enrollment charter   school shall adopt a policy requiring each multiple-occupancy   bathroom or changing facility accessible to students that is   located in a school or school facility to be designated for and used   only by persons based on the person's biological sex.          Sec. 769.052.  ACCOMMODATIONS AUTHORIZED. This subchapter   does not prohibit a school district or open-enrollment charter   school from providing an accommodation, including a   single-occupancy bathroom or changing facility or the controlled   use of a faculty bathroom or changing facility, on request due to   special circumstances.  The school district or open-enrollment   charter school may not provide an accommodation that allows a   person to use a multiple-occupancy bathroom or changing facility   accessible to students that is designated for the biological sex   opposite to the person's biological sex.          Sec. 769.053.  EXCEPTIONS. A policy adopted under Section   769.051 does not apply to a person entering a multiple-occupancy   bathroom or changing facility designated for the biological sex   opposite to the person's biological sex:                (1)  for a custodial purpose;                (2)  for a maintenance or inspection purpose;                (3)  to render medical or other emergency assistance;                (4)  to accompany a student needing assistance in using   the facility, if the assisting person is:                      (A)  an employee or authorized volunteer of the   school district or open-enrollment charter school; or                      (B)  the student's parent, guardian, conservator,   or authorized caregiver;                (5)  to accompany a person other than a student needing   assistance in using the facility; or                (6)  to receive assistance in using the facility.   SUBCHAPTER C. PUBLIC BUILDINGS          Sec. 769.101.  SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR   CHANGING FACILITY. A political subdivision or state agency with   control over multiple-occupancy bathrooms or changing facilities   in a building owned or leased by this state or the political   subdivision, as applicable, shall develop a policy requiring each   multiple-occupancy bathroom or changing facility located in the   building to be designated for and used only by persons of the same   biological sex.          Sec. 769.102.  ACCOMMODATIONS AUTHORIZED. This subchapter   does not prohibit a political subdivision or state agency from   providing an accommodation, including a single-occupancy bathroom   or changing facility, on request due to special circumstances. The   political subdivision or state agency may not provide an   accommodation that allows a person to use a multiple-occupancy   bathroom or changing facility designated for the biological sex   opposite to the person's biological sex.          Sec. 769.103.  PRIVATE LEASES AND CONTRACTS. A private   entity that leases or contracts to use a building owned or leased by   this state or a political subdivision is not subject to a policy   developed under Section 769.101.  A state agency or political   subdivision may not require or prohibit a private entity that   leases or contracts to use a building owned or leased by this state   or a political subdivision from adopting a policy on the   designation or use of bathroom or changing facilities located in   the building.          Sec. 769.104.  EXCEPTIONS. A policy developed under Section   769.101 does not apply to:                (1)  a person entering a multiple-occupancy bathroom or   changing facility designated for the biological sex opposite to the   person's biological sex:                      (A)  for a custodial purpose;                      (B)  for a maintenance or inspection purpose;                      (C)  to render medical or other emergency   assistance;                      (D)  to accompany a person needing assistance in   using the facility; or                      (E)  to receive assistance in using the facility;   or                (2)  a child who is:                      (A)  younger than eight years of age entering a   multiple-occupancy bathroom or changing facility designated for   the biological sex opposite to the child's biological sex; and                      (B)  accompanying a person caring for the child.   SUBCHAPTER D. ENFORCEMENT          Sec. 769.151.  CIVIL PENALTY. (a)  A school district,   open-enrollment charter school, state agency, or political   subdivision 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. 769.152.  COMPLAINT; NOTICE.  (a)  A citizen of this   state may file a complaint with the attorney general that a school   district, open-enrollment charter school, state agency, or   political subdivision is in violation of this chapter only if:                (1)  the citizen provides the school district,   open-enrollment charter school, state agency, or political   subdivision a written notice that describes the violation; and                (2)  the school district, open-enrollment charter   school, state agency, or political subdivision 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. 769.153.  DUTIES OF ATTORNEY GENERAL:  INVESTIGATION   AND NOTICE.  (a)  Before bringing a suit against a school district,   open-enrollment charter school, state agency, or political   subdivision for a violation of this chapter, the attorney general   shall investigate a complaint filed under Section 769.152 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 school district, open-enrollment charter school,   state agency, or political subdivision 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 school district, open-enrollment   charter school, state agency, or political subdivision to cure the   violation on or before the 15th day after the date the notice is   received to avoid the penalty, unless the school district,   open-enrollment charter school, state agency, or political   subdivision was found liable by a court for previously violating   this chapter.          Sec. 769.154.  COLLECTION OF CIVIL PENALTY; MANDAMUS.  (a)     If, after receipt of notice under Section 769.153(b), the school   district, open-enrollment charter school, state agency, or   political subdivision has not cured the violation on or before the   15th day after the date the notice is provided under Section   769.153(b)(3), the attorney general may sue to collect the civil   penalty provided by Section 769.151.          (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)  a county in which the principal office of the   school district, open-enrollment charter school, state agency, or   political subdivision 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. 769.155.  SOVEREIGN IMMUNITY WAIVED.  Sovereign   immunity to suit is waived and abolished to the extent of liability   created by this subchapter.          SECTION 5.  Subchapter D, Chapter 12, Penal Code, is amended   by adding Section 12.501 to read as follows:          Sec. 12.501.  PENALTY IF OFFENSE COMMITTED ON PREMISES OF   BATHROOM OR CHANGING FACILITY. (a) If it is shown on the trial of   an offense described by Subsection (b) that the offense was   committed on the premises of a bathroom or changing facility:                (1)  the punishment for an offense, other than a first   degree felony, is increased to the punishment prescribed for the   next higher category of offense; or                (2)  if the offense is a first degree felony, the   minimum term of confinement for the offense is increased to 15   years.          (b)  The increase in punishment authorized by this section   applies only to an offense under:                (1)  Section 19.02 (murder);                (2)  Section 19.04 (manslaughter);                (3)  Section 19.05 (criminally negligent homicide);                (4)  Section 20.02 (unlawful restraint);                (5)  Section 20.03 (kidnapping);                (6)  Section 20.04 (aggravated kidnapping);                (7)  Section 21.07 (public lewdness);                (8)  Section 21.08 (indecent exposure);                (9)  Section 21.11 (indecency with a child);                (10)  Section 21.12 (improper relationship between   educator and student);                (11)  Section 21.15(b)(1) (invasive visual recording);                (12)  Section 21.16, as added by Chapter 676 (H.B.   207), Acts of the 84th Legislature, Regular Session, 2015   (voyeurism);                (13)  Section 22.01 (assault);                (14)  Section 22.011 (sexual assault);                (15)  Section 22.02 (aggravated assault);                (16)  Section 22.021 (aggravated sexual assault);                (17)  Section 22.04 (injury to a child, elderly   individual, or disabled individual);                (18)  Section 22.041 (abandoning or endangering   child);                (19)  Section 22.05 (deadly conduct);                (20)  Section 22.07 (terroristic threat);                (21)  Section 30.05 (criminal trespass);                (22)  Section 42.07 (harassment);                (23)  Section 43.02 (prostitution);                (24)  Section 43.03 (promotion of prostitution);                (25)  Section 43.04 (aggravated promotion of   prostitution);                (26)  Section 43.05 (compelling prostitution);                (27)  Section 43.22 (obscene display or distribution);                (28)  Section 43.23 (obscenity);                (29)  Section 43.24 (sale, distribution, or display of   harmful material to minor);                (30)  Section 43.25 (sexual performance by a child);                (31)  Section 43.26 (possession or promotion of child   pornography); or                (32)  Section 43.261 (electronic transmission of   certain visual material depicting minor).          (c)  For the purposes of this section, "bathroom or changing   facility" means a facility where a person may be in a state of   undress, including a restroom, locker room, changing room, or   shower room.          SECTION 6.  It is the intent of the legislature that every   provision, section, subsection, sentence, clause, phrase, or word   in this Act, and every application of the provisions in this Act to   each person or entity, are severable from each other.  If any   application of any provision in this Act to any person, group of   persons, or circumstances is found by a court to be invalid for any   reason, the remaining applications of that provision to all other   persons and circumstances shall be severed and may not be affected.          SECTION 7.  Section 250.008, Local Government Code, as added   by this Act, applies to an order, ordinance, or other measure   adopted before, on, or after the effective date of this Act.          SECTION 8.  Section 271.909, Local Government Code, as added   by this Act, applies only to a contract awarded on or after the   effective date of this Act.          SECTION 9.  Section 12.501, Penal Code, as added by this Act,   applies only to an offense committed on or after the effective date   of this Act. An offense committed before the effective date of this   Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose. For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 10.  This Act takes effect September 1, 2017.