By: Toth H.B. No. 5235       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; authorizing a   civil penalty, authorizing a private civil right of action.          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.          Sec. 38.457.  CIVIL LIABILITY. (a) Notwithstanding any   other law and except as provided by this section, a district who   violates this chapter is strictly and jointly and severally liable   for the personal injury of a student or faculty member as a result   of a school district or open-enrollment charter school’s policy to   allow persons from either biological sex to access the same   multiple-occupancy bathroom or changing facility.          (b)  A claimant may not bring an action under this section if   the action is preempted by 47 U.S.C. Section 230(c).          (c)  A district who violates a student’s right to privacy   prescribed by this chapter is liable for a civil penalty in the   amount of $100,000 for each violation. Civil penalties assessed   under this chapter shall be deposited in the general revenue fund.          (d)  The attorney general may bring an action to collect the   civil penalty imposed under Subsection (a).          SECTION 2.  This Act takes effect September 1, 2023.