88R9763 CXP-D By: Schaefer H.B. No. 2722 A BILL TO BE ENTITLED AN ACT relating to a public school policy regarding multi-occupancy bathrooms or changing facilities. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Subchapter A, Chapter 38, Education Code, is amended by adding Section 38.044 to read as follows: Sec. 38.044. POLICY REGARDING MULTI-OCCUPANCY BATHROOM OR CHANGING FACILITY. (a) In this section, "multi-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. (b) A school district shall ensure that any policy adopted by the district regarding multi-occupancy bathrooms or changing facilities protects: (1) the health, safety, and welfare of students; (2) the confidentiality of student educational information as required under state and federal law, including the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g); and (3) the privacy interests of all students and the students' parents. (c) If a school district adopts a policy that allows for separation of multi-occupancy bathrooms or changing facilities according to a criterion other than a person's biological sex assigned at birth, the policy must: (1) include: (A) a description of: (i) which multi-occupancy bathrooms or changing facilities are not separated by biological sex assigned at birth; and (ii) if a multi-occupancy bathroom or changing facility is not separated by biological sex assigned at birth, the method by which students will be supervised in that facility and the manner in which that method of supervision ensures the safety and privacy of students; and (B) accommodations or modifications for students who wish to use a multi-occupancy bathroom or changing facility separated by biological sex assigned at birth; and (2) be: (A) posted on the district's Internet website; and (B) provided at the beginning of each school year by mail to each parent of a student enrolled in the district. (d) The requirements under Subsection (c) do not apply to a faculty bathroom that is not accessible to students. SECTION 2. This Act applies beginning with the 2023-2024 school year. SECTION 3. 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, 2023.