By: Swanson H.B. No. 239       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.  IMMUNITY FROM SUIT AND LIMITS ON   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   application of this chapter, on constitutional grounds or   otherwise, or that seeks to prevent or enjoin the state or its   political subdivisions or any officer, employee, or agent of this   state or a political subdivision from enforcing any provision or   application of this chapter, or from hearing, adjudicating, or   docketing a suit or petition brought under Section 3001.008, unless   that immunity has been abrogated or preempted by federal law in a   manner consistent with the Constitution of the United States.          (b)  Notwithstanding any other law, the immunities conferred   by Subsection (a) shall apply in every court, both state and   federal, and in every adjudicative proceeding of any type   whatsoever.          (c)  Notwithstanding any other law, no provision of state law   may be construed to waive or abrogate an immunity described in   Subsection (a) unless it expressly waives or abrogates immunity   with specific reference to this section.          (d)  Notwithstanding any other law, no attorney representing   the state or a political subdivision or any officer, employee, or   agent of this state or a political subdivision is authorized or   permitted to waive an immunity described in Subsection (a) or take   any action that would result in a waiver of that immunity, and any   such action or purported waiver shall be regarded as a legal nullity   and an ultra vires act.          (e)  Notwithstanding any other law, including Chapter 37,   Civil Practice and Remedies Code, and sections 22.002, 22.221, and   24.007 through 24.011, Government Code, no court of this state may   award declaratory or injunctive relief, or any type of stay or writ,   including a writ of prohibition, that would pronounce any provision   or application of this subchapter invalid or unconstitutional, or   that would restrain the state or its political subdivisions, or any   officer, employee, or agent of this state or a political   subdivision, or any person from enforcing any provision or   application of this chapter, or from hearing, adjudicating,   docketing, or filing a suit or petition brought under Section   3001.008, and no court of this state shall have jurisdiction to   consider any action, claim, or counterclaim that seeks such relief.          (f)  Notwithstanding any other law, including Chapter 26,   Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil   Procedure, no court of this state may certify a plaintiff or   defendant class in any action seeking the relief described in   Subsection (e).          (g)  Nothing in this section or chapter shall be construed to   prevent a litigant from asserting the invalidity or   unconstitutionality of any provision or application of this chapter   as a defense to any action, claim, or counterclaim brought against   that litigant.          Sec. 3001.0010.  SOVEREIGN IMMUNITY WAIVED.   Notwithstanding Section 3001.009, sovereign immunity to suit and   governmental immunity are waived and abolished to the extent of   liability created by this chapter.          SECTION 3.  Chapter 30, Civil Practice and Remedies Code, is   amended by adding Section 30.023 to read as follows:          Sec. 30.023.  AWARD OF ATTORNEY'S FEES IN ACTIONS   CHALLENGING CERTAIN PRIVACY LAWS.  (a)  Notwithstanding any other   law, any person, including an entity, attorney, or law firm, who   seeks declaratory or injunctive relief to prevent this state, a   political subdivision, any governmental entity or public official   in this state, or any person in this state from enforcing any   statute, ordinance, rule, regulation, or any other type of law that   regulates access to a private space based on biological sex in any   state or federal court, or that represents any litigant seeking   such relief in any state or federal court, is jointly and severally   liable to pay the costs and reasonable attorney's fees of the   prevailing party, including the costs and reasonable attorney's   fees that the prevailing party incurs in its efforts to recover   costs and fees.          (b)  For purposes of this section, a party is considered a   prevailing party if a state or federal court:                (1)  dismisses any claim or cause of action brought   against the party that seeks the declaratory or injunctive relief   described by Subsection (a), regardless of the reason for the   dismissal; or                (2)  enters judgment in the party's favor on any such   claim or cause of action.          (c)  A prevailing party may recover costs and attorney's fees   under this section only to the extent that those costs and   attorney's fees were incurred while defending claims or causes of   action on which the party prevailed.          SECTION 4.  If any subsection or portion of this act is   declared invalid, that declaration shall not affect the validity of   the remaining portions of the act.          SECTION 5.  This Act takes effect immediately if it receives   a vote of two-thirds of all the members elected to each house, as   provided by Section 39, Article III, Texas Constitution. If this   Act does not receive the vote necessary for immediate effect, this   Act takes effect September 1, 2025.