HB1015 - Relating to regulations and policies for entering or using a bathroom or changing facility in a public school.

      By: Toth H.B. No. 1015       A BILL TO BE ENTITLED   AN ACT   relating to regulations and policies for entering or using a   bathroom or changing facility in a public school.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Chapter 38, Education Code, is amended by adding   Subchapter I to read as follows:   SUBCHAPTER I. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND   CHANGING FACILITIES           Sec. 38.451.  DEFINITIONS. In this subchapter:                 (1)     "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.                 (2)     "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.           Sec.   38.452.     DETERMINATION OF BIOLOGICAL SEX. (a) For   purposes of this subchapter, a person's biological sex is the   biological sex correctly stated on the person's official birth   certificate as described by Subsection (b).           (b)     A statement of a person's biological sex on the person's   official birth certificate is considered to have correctly stated   the person's biological sex only if the statement was:                 (1)     entered at or near the time of the person's birth;   or                 (2)     modified to correct a scrivener or clerical error   in the person's biological sex.           Sec.   38.453.     SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR   CHANGING FACILITY. A school district or open-enrollment charter   school shall require that each multiple-occupancy bathroom or   changing facility accessible to students and located in a school or   school facility be designated for and used only by persons based on   the person's biological sex.           Sec.   38.454.     ACCOMMODATIONS AUTHORIZED. (a) 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.           (b)     A 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.   38.455.     PRIVATE LEASES AND CONTRACTS. (a) A private   entity that leases or contracts to use a building owned or leased by   a school district or open-enrollment charter school is not subject   to Section 38.453.           (b)     A school district or open-enrollment charter school may   not require a private entity described by Subsection (a) to adopt,   or prohibit the private entity from adopting, a policy on the   designation or use of bathrooms or changing facilities located in   the building.           Sec.   38.456.     EXCEPTIONS. A designation of a multiple-   occupancy bathroom or changing facility under Section 38.453 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.           Sec.   38.457.     CONSIDERATION OF CERTAIN POLICIES PROHIBITED.   In awarding a contract for the purchase of goods or services, a   school district or open-enrollment charter school 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 bathrooms   or changing facilities.          SECTION 2.  This Act takes effect September 1, 2025.