By:
AA
Pe•a H.B.
A
No.
A
2801A BILL TO BE ENTITLEDAN ACTrelating to the use of a bathroom, locker room, or shower facilityin a public school.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:SECTION
A
1.
AA
Chapter 38, Education Code, is amended by addingSubchapter F to read as follows:SUBCHAPTER F. BATHROOM, LOCKER ROOM, AND SHOWER FACILITY USESec.
A
38.251.
AA
SEPARATION BASED ON BIOLOGICAL SEX REQUIRED.A school district shall adopt a policy providing that only personsof the same biological sex may be present at the same time in anybathroom, locker room, or shower facility in a building owned by thedistrict.Sec.
A
38.252.
AA
ALTERNATE ACCOMMODATIONS FOR CERTAINSTUDENTS. (a) A school district shall provide reasonablealternate bathroom, locker room, or shower facility accommodationsto a student if:(1)
AA
the student asserts a gender identity that isdifferent from the student
’
s biological sex; and(2)
AA
the student
’
s parent or guardian consents inwriting to the provision of alternate accommodations.(b)
AA
A school district must comply with the policy adoptedunder Section 38.251 in providing alternate accommodations underSubsection (a).(c)
AA
This section does not require a school district to123456789101112131415161718192021222324
84R13664 KJE-D
1
construct, maintain, or modify a bathroom, locker room, or showerfacility to provide any alternate accommodations required underSubsection (a).Sec.
A
38.253.
AA
LIABILITY FOR VIOLATION. (a) A schooldistrict is liable to a student who encounters a person not of thestudent
’
s biological sex in a bathroom, locker room, or showerfacility that is designated for use by persons of the student
’
sbiological sex if any employee of the district:(1)
AA
knew that the person was not of the same biologicalsex for which the bathroom, locker room, or shower facility wasdesignated; and(2)
AA
permitted the person to enter or failed to takereasonable steps to prevent the person from entering the bathroom,locker room, or shower facility.(b)
AA
It is a defense to liability under this section that theperson entered the bathroom, locker room, or shower facility for acustodial purpose, for the purpose of repairing the facility, togive medical assistance, or to supervise or assist a student.(c)
AA
A student who prevails in a suit under this sectionshall be awarded:(1)
AA
exemplary damages in the amount of $2,000;(2)
AA
actual damages, including damages for mentalanguish even if an injury other than mental anguish is not shown;(3)
AA
court costs; and(4)
AA
reasonable attorney
’
s fees.(d)
AA
The cause of action created by this section iscumulative of any other remedy provided by common law or statute.123456789101112131415161718192021222324252627H.B.
A
No.
A
2801
2