HB2062 - Relating to regulations and policies for entering or using certain private spaces; authorizing a civil penalty.

      By: Holt H.B. No. 2062       A BILL TO BE ENTITLED   AN ACT   relating to regulations and policies for entering or using certain   private spaces; authorizing a civil penalty.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Texas Women's   Privacy Act.          SECTION 2.  Subtitle Z, Government Code, is amended by   adding Chapter 3001 to read as follows:   CHAPTER 3001. GOVERNMENTAL ACTION AFFECTING CERTAIN PRIVATE     SPACES.             Sec. 3001.001.  DEFINITIONS. In this chapter:                   (1)     "Biological sex" means the physical condition of   being male or female, as determined by:                         (A)     the sex organs, chromosomes, and endogenous   profiles of a person; and                       (B)     a person's original birth certificate, if the   biological sex is correctly stated on the birth certificate, as   indicated by the biological sex being:                 (1)  entered at or near the time of birth; or                 (2)     modified only to correct a scrivener or clerical   error in the biological sex.                 (2)     "Correctional facility" has the meaning assigned   by Section 1.07, Penal Code.                 (3)     "Family violence shelter" means a family violence   shelter center or a family violence nonresidential center, as   defined by Section 51.002, Human Resources Code, partaking in a   contract as established by Section 51.003, Human Resources Code.                 (4)     "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,   school district, open-enrollment charter school, and junior   college district.                 (5)     "Private space" 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, shower room, family violence shelter, correctional   facility, and sleeping quarter.                 (6)     "Single-occupancy private space" 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 or a sleeping quarter that   accommodates a single occupant.                 (7)     "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 as defined by Section   61.003, Education Code.           Sec.   3001.002.     SAFETY AND PRIVACY IN PRIVATE SPACES.   (a)     A political subdivision or state agency shall require each   private space located within a facility owned, operated, or   controlled by the political subdivision or state agency be   designated for and used only by persons based on the person's   biological sex.           (b)     Nothing in this section shall be construed to prohibit   a political subdivision or state agency from:                   (1)     adopting policies necessary to accommodate   persons protected under the Americans with Disabilities Act, young   children in need of assistance, or elderly persons requiring aid;                 (2)     establishing single-occupancy private spaces or   family restrooms, changing rooms, or sleeping quarters; or                 (3)     redesignating a private space designated for   exclusive use by one sex to a designation for exclusive use by the   opposite sex.           Sec.   3001.003.     ACCOMMODATIONS AUTHORIZED. This chapter   does not prohibit a political subdivision or state agency from   providing an accommodation, including a single-occupancy private   space, on request due to special circumstances. The political   subdivision or state agency may not provide an accommodation that   allows a person to use a private space designated for the biological   sex opposite to the person's biological sex.           Sec.   3001.004.     EXCEPTIONS. A designation of a private   space under Section 3001.002 does not apply to:          (1)   a person entering a private space 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;                      (E)   to receive assistance in using the facility;   or          (2)   a child who is:                      (A)   younger than 10 years of age entering a   private space designated for the biological sex opposite to the   child's biological sex; and                      (B)   accompanying a person caring for the child.           Sec. 3001.005. CIVIL PENALTY. (a)     A political subdivision   or state agency that violates this chapter is liable for a civil   penalty of:                 (1)  $5,000 for the first violation; and                 (2)  $25,000 for the second or a subsequent violation.           (b)     Each day of a continuing violation of this chapter   constitutes a separate violation.           Sec.   3001.006.     COMPLAINT; NOTICE.(a)     A citizen of this   state may file a complaint with the attorney general that a   political subdivision or state agency is in violation of this   chapter only if:                 (1)     the citizen provides the political subdivision or   state agency a written notice that describes the violation; and                 (2)     the political subdivision or state agency 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)     the citizen's sworn statement or affidavit   describing the violation and indicating that the citizen provided   the notice required by this section.           Sec.   3001.007.     DUTIES OF ATTORNEY GENERAL:INVESTIGATION   AND NOTICE. (a)     Before bringing a suit against a political   subdivision or state agency for a violation of this chapter, the   attorney general shall investigate a complaint filed under Section   3001.006 to determine whether legal action is warranted.           (b)     The political subdivision or state agency that is the   subject of the complaint shall provide to the attorney general any   information the attorney general requests in connection with the   complaint, including:                 (1)  supporting documents related to the complaint; and                 (2)     a statement regarding whether the entity has   complied or intends to comply with this chapter.           (c)     If the attorney general determines that legal action is   warranted, the attorney general shall provide the appropriate   officer of the political subdivision or state agency charged with   the violation a written notice that:                 (1)     describes the violation and location of the   private space found to be in violation;                 (2)     states the amount of the proposed penalty for the   violation; and                 (3)     requires the political subdivision or state agency   to cure the violation on or before the 15th day after the date the   notice is received to avoid the penalty, unless the political   subdivision or state agency was found liable by a court for   previously violating this chapter.           Sec.   3001.008.     COLLECTION OF CIVIL PENALTY; MANDAMUS.     (a)     If, after receipt of notice under Section 3001.007(c), the   political subdivision or state agency has not cured the violation   on or before the 15th day after the date the notice is provided   under Section 3001.007(c)(3), the attorney general may sue to   collect the civil penalty provided by Section 3001.005.           (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   political subdivision or state agency is located.           (d)     The attorney general shall 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.           (f)     A person may bring a civil action for declaratory   relief, injunctive relief, and reasonable attorney's fees and   costs against a political subdivision or state agency that   violates this chapter.           Sec.   3001.009.     IMMUNITYFROMSUITANDLIMITSON   JURISDICTION. (a)     Notwithstanding any other law, the state and   each of its officers and employees shall have sovereign immunity,   its political subdivisions and each of their officers and employees   shall have governmental immunity, and each officer and employee of   this state and its political subdivisions shall have official   immunity in any action, claim, counterclaim, or any type of legal   or equitable action that challenges the validity of any provision   or applica [Text truncated for display. Full text available on Congress.gov.]