89R4302 MPF-F By: Zaffirini S.B. No. 2326 A BILL TO BE ENTITLED AN ACT relating to access to universal changing facilities in places of public accommodation and public buildings. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter D, Chapter 341, Health and Safety Code, is amended by adding Section 341.070 to read as follows: Sec. 341.070. UNIVERSAL CHANGING FACILITIES. (a) In this section: (1) "Person with a disability" means a person with a physical, intellectual, behavioral, or cognitive impairment resulting in the person's inability to perform the activities of daily life. (2) "Place of public accommodation" means any of the following locations: (A) a place of exhibition, entertainment, or gathering, including a movie theater, theater of the dramatic or performing arts, concert hall, auditorium, sports arena or stadium, and convention center; (B) a sales or rental establishment comprising at least 40,000 square feet, including a shopping mall and shopping center; (C) a place of public display or collection, including a museum, library, and gallery; (D) a place of recreation, including a park, zoo, and amusement park; (E) a public or private primary or secondary school, a public or private institution of higher education, and any other place of education; (F) a social service center, including a senior center and homeless shelter; (G) a station or terminal used for specified public transportation, including an airport, train depot, and bus station; and (H) a professional office of a health care provider, including a hospital and rehabilitation center. (3) "Public building" means a building or facility used by the public and owned or controlled by this state or a political subdivision of this state. (4) "Universal changing facility" means an enclosed family or assisted use toilet facility not designated by gender and designed for use by a person with a disability, with the assistance of the person's care provider, for personal hygiene purposes. (b) This section applies only to a place of public accommodation or public building: (1) that is constructed on or after January 1, 2026; or (2) for which a building permit application is submitted on or after January 1, 2026, for renovation of its main facility, not including a parking garage or other parking area, with an estimated cost of at least $50,000. (c) A person with control over the restrooms and changing facilities in a place of public accommodation or public building shall install in one or more of its restrooms or changing facilities a universal changing facility that is accessible to the general public and is not designated by gender. (d) A universal changing facility installed as required under this section must contain: (1) an electronic, height-adjustable adult changing table with a safety rail or safety belt; and (2) amenities, including a waste receptacle, toilet, sink, soap dispenser, and paper towel dispenser. (e) A universal changing facility installed as required under this section must comply with the guidelines established in the International Building Code and the American National Standards Institute Standard for Accessible and Usable Buildings and Facilities, commonly cited as "ANSI A117.1," as the code and that standard existed on January 1, 2024. (f) A person with control over the restrooms and changing facilities in a place of public accommodation or public building shall post a sign in a conspicuous space and include on any central directory in the place or building clear language indicating the location of each restroom or changing facility with a universal changing facility. The sign must comply with the 2012 Texas Accessibility Standards. (g) The Texas Commission of Licensing and Regulation by rule shall establish exceptions to the required installation of a universal changing facility under this section for an owner of a place of public accommodation or public building who demonstrates that compliance with this section: (1) would result in an undue financial burden on the owner; or (2) is not possible due to the available space at the place or building. SECTION 2. (a) Not later than December 1, 2025, the Texas Commission of Licensing and Regulation shall adopt the rules required by Section 341.070, Health and Safety Code, as added by this Act. (b) This section takes effect September 1, 2025. SECTION 3. Except as otherwise provided by this Act, this Act takes effect January 1, 2026.