HB2704 - Relating to general definitions regarding biological sex and the designation and use of certain spaces according to biological sex; authorizing a civil right of action.

  89R8797 MPF-D     By: Shofner H.B. No. 2704       A BILL TO BE ENTITLED   AN ACT   relating to general definitions regarding biological sex and the   designation and use of certain spaces according to biological sex;   authorizing a civil right of action.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  This Act may be cited as the Definition and   Protection of a Woman Act.          SECTION 2.  The purposes of this Act are to:                (1)  clarify and reconcile the meanings in state   statutory law of sex, male, female, and related terms; and                (2)  provide protections for women and girls against   sexual assault, harassment, violence, and acts of abuse committed   by men in restrooms, changing rooms, and sleeping quarters   designated for women.          SECTION 3.  The legislature finds that:                (1)  in United States v. Virginia, 518 U.S. 515 (1996),   citing Ballard v. United States, 329 U.S. 187, 193 (1946), the court   recognized:                      (A)  "[p]hysical differences between men and   women, however, are enduring: '[T]he two sexes are not fungible; a   community made up exclusively of one [sex] is different from a   community composed of both'"; and                      (B)  "'[i]nherent differences' between men and   women . . . remain cause for celebration, but not for denigration   of the members of either sex or for artificial constraints on an   individual's opportunity";                (2)  the Equal Protection Clause of the Fourteenth   Amendment to the United States Constitution allows the legislature   to enact facially neutral laws of general applicability;                (3)  biologically based definitions of sex have been   consistently applied since our nation's founding;                (4)  decades of United States Supreme Court opinions   have upheld the argument that biological distinctions between male   and female are a matter of scientific fact, and biological sex is an   objectively defined category that has obvious, immutable, and   distinguishable characteristics; and                (5)  policies and laws that distinguish between the   sexes are subject to intermediate constitutional scrutiny, which   forbids unfair discrimination against similarly situated males and   females but allows the law to distinguish between the sexes where   such distinctions are substantially related to an important   government interest.          SECTION 4.  Section 311.005, Government Code, is amended by   adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to   read as follows:                 (14)  "Boy" means a child of the male sex.                 (15)  "Father" means a parent of the male sex.                 (16)     "Female" and "woman" mean an individual who has,   or would have but for a developmental or genetic anomaly or   accident, a reproductive system designed to produce, transport, and   provide eggs for fertilization.                 (17)  "Girl" means a child of the female sex.                 (18)     "Male" and "man" mean an individual who has, or   would have but for a developmental or genetic anomaly or accident, a   reproductive system designed to produce, transport, and provide   sperm for fertilization.                 (19)  "Mother" means a parent of the female sex.                 (20)     "Sex" means an individual's biological sex,   either male or female, as observed or clinically verified at birth.          SECTION 5.  Subtitle Z, Title 10, Government Code, is   amended by adding Chapter 3001 to read as follows:   CHAPTER 3001. GOVERNMENT ACTION REGARDING CERTAIN PRIVATE SPACES           Sec. 3001.001.  DEFINITIONS. In this chapter:                 (1)     "Changing room" means a room or area in which an   individual may be in a state of undress in the presence of another   individual. The term includes a locker room or shower room.                 (2)     "Correctional facility" means a facility   designated by law for the confinement of an individual arrested   for, charged with, or convicted of a criminal offense. The term   includes:                       (A)     a confinement facility operated by the Texas   Department of Criminal Justice; and                       (B)     a confinement facility operated under   contract with any division of the Texas Department of Criminal   Justice.                 (3)     "Covered facility" means a correctional facility,   family violence center, homeless shelter, juvenile detention   center, and public school.                 (4)     "Family violence center" means a family violence   nonresidential center or a family violence shelter center, as those   terms are defined by Section 51.002, Human Resources Code, that has   contracted with the Health and Human Services Commission under   Section 51.003, Human Resources Code.                 (5)     "Homeless shelter"   means a supervised publicly   operated shelter or other facility that is designed to provide   temporary living accommodations to homeless individuals.                 (6)     "Juvenile detention center" means a nonsecure   correctional facility, secure correctional facility, or secure   detention facility, as those terms are defined by Section 51.02,   Family Code.                 (7)     "Multi-occupancy private space" means a changing   room, a restroom, or sleeping quarters designed or designated for   the simultaneous use of more than one individual.                 (8)     "Political subdivision"   means a governmental   entity of this state, including a county, municipality, special   purpose district or authority, and junior college district.                 (9)     "Public school" has the meaning assigned Section   61.9811, Education Code.                 (10)     "Restroom" means a room designed for use of a   toilet or urinal by one or more individuals.                 (11)     "Single-occupancy private space" means a   changing room, a restroom, or sleeping quarters designed or   designated for use by only one individual.                 (12)     "Sleeping quarters" means a room that contains a   bed and is designed as a space for more than one individual to   regularly sleep overnight.                 (13)     "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.           Sec.   3001.002.     REQUIRED DESIGNATION OF MULTI-OCCUPANCY   PRIVATE SPACES. (a) The owner or operator of a covered facility   shall designate each multi-occupancy private space in the facility   for the exclusive use of either females or males.           (b)     A multi-occupancy private space designated under   Subsection (a) for the exclusive use of either females or males may   only be used by an individual of the designated sex.           (c)     The owner or operator of a covered facility shall take   reasonable steps to ensure an individual using a multi-occupancy   private space designated under Subsection (a) for the exclusive use   of either females or males is not observed or disturbed by an   individual of the opposite sex.           Sec.   3001.003.     REQUIREMENTS APPLICABLE TO CERTAIN SPACES IN   PUBLIC SCHOOLS. (a) A public school may not require a student to   share sleeping quarters with an individual who is of the sex   opposite to the student's sex during any school-related event   unless:                 (1)     the individual is a member of the student's family,   including a parent, guardian, sibling, or grandparent; and                 (2)     the school obtained approval from the student's   parent or guardian for the student to share the sleeping quarters   with the family member.           (b)  A public school shall ensure that:                 (1)     a private, separate changing room or space is   designated for use by individuals of the same sex in each room or   space in which an individual may be in a state of undress in the   presence of another individual; and                 (2)     only individuals of the designated sex enter the   room or space described by Subdivision (1).           Sec.   3001.004.     CONSTRUCTION OF CHAPTER. Sections 3001.002   and 3001.003 do not prohibit the owner or operator of a covered   facility from:                 (1)     adopting a policy necessary to accommodate an   individual with a disability, a young child, or an elderly   individual who requires assistance when using a restroom, a   changing room, or sleeping quarters;                 (2)     establishing a single-occupancy private space or a   family restroom, changing room, or sleeping quarters; or                 (3)     changing the designation under Section 3001.002 of   a multi-occupancy private space previously designated for the   exclusive use of individuals of the opposite sex.           Sec.   3001.005.     EXCEPTIONS. A designation or requirement   under Section 3001.002 or 3001.003 does not apply to an individual   who enters a multi-occupancy private space or space described by   Section 3001.002(a):                 (1)  for custodial or maintenance purposes;                 (2)  to render medical assistance;                 (3)  for law enforcement purposes; or                 (4)     to provide services or render assistance during a   natural disaster or declared emergency or as necessary to prevent a   serious threat to proper order or safety.           Sec.   3001.006.     PROHIBITED REGULATIONS. A state agency or   political subdivision may not adopt or enforce a rule, policy,   resolution, ordinance, or other measure that:                 (1)     prohibits any person, including the owner or   operator of a covered facility, from designating a private space   for the exclusive use of males or females in a location in which   biology, safety, or privacy are implicated, including a location & [Text truncated for display. Full text available on Congress.gov.]