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Texas Privacy Act (SB 6)

This law was last updated on Oct 31, 2017


This law is Anti–LGBTQ

State

Texas

Number

SB 6

Status

Failed to Pass

Proposed

Jan 5, 2017

Topics

Anti-Transgender, LGBTQ

Full Bill Text

www.legis.state.tx.us

SB 6 would require people to use bathroom and changing facilities based on their genders at birth as opposed to the gender they identify with.

Consideration of Certain Policies

The bill would prohibit any political subdivision from adopting or enforcing an order, ordinance, or other measure that relates to the designation or use of a private entity’s bathroom or changing facility or that requires or prohibits the entity from adopting a policy on the designation or use of the entity’s bathroom or changing facility.

For the purposes of this section, the bill defines “bathroom or changing facility” to mean a facility where a person may be in a state of undress, including a restroom, locker room, changing room, or shower room.

Public Single-Sex Multiple-Occupancy Bathrooms and Changing Facilities

The bill would require a school district or open-enrollment charter school to adopt a policy requiring each multiple-occupancy bathroom or changing facility accessible to students that is located in a school facility to be designated for and used only by persons based on the person’s biological sex.

SB 6 would require a political subdivision or state agency with control over multiple-occupancy bathrooms or changing facilities in a building owned or leased by the state or the political subdivision, to develop a policy requiring each multiple-occupancy bathroom or changing facility located in the building to be designated for and used only by persons of the same biological sex.

This provision would not apply to a private entity that leases or contracts to use a building owned or leased by the state or a political subdivision.

The bill defines “biological sex” to mean the physical condition of being male or female, which is stated on a person’s birth certificate.

For purposes of this section of the law, the bill defines “multiple-occupancy bathroom or changing facility” to mean 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.

Enforcement

A school district, open-enrollment charter school, state agency, or political subdivision that violates this law would be liable for a civil penalty of $1,000 to $1,500 for the first violation and $10,000 to $10,500 for each subsequent violation.

Any citizen of the state may file a complaint with the attorney general that a school district, open-enrollment charter school, state agency, or political subdivision is in violation of this chapter only if they provide a written notice of the violation to one of the aforementioned entities and the entity does not cure the violation before the end of the third business day after the date of receiving the written notice.

A complaint filed with the attorney general would need to include a copy of the written notice and a signed statement from the citizen.

The bill goes on to describe the duties of the attorney general when investigating a complaint. The bill also allows the attorney general to sue if an entity that has not cured a violation.

Offenses Committed on Premises of Bathroom or Changing Facility

SB 6 would increase the punishment for offenses that were found to have been committed on the premises of a bathroom or changing facility.

The punishment for an offense, other than a first degree felony, would be increased to the punishment prescribed for the next higher category of offense; or if the offense is a first degree felony, the minimum term of confinement for the offense would be increased to 15 years.

The increase in punishment authorized by this law would apply to the following offenses:

  • murder
  • manslaughter
  • criminally negligent homicide
  • unlawful restraint
  • kidnapping
  • aggravated kidnapping
  • public lewdness
  • indecent exposure
  • indecency with a child
  • improper relationship between educator and student
  • invasive visual recording
  • voyeurism
  • assault
  • sexual assault
  • aggravated assault
  • aggravated sexual assault
  • injury to a child, elderly individual, or disabled individual
  • abandoning or endangering a child
  • deadly conduct
  • terroristic threat
  • criminal trespass
  • harassment
  • prostitution
  • promotion of prostitution
  • aggravated promotion of prostitution
  • compelling prostitution
  • obscene display or distribution
  • obscenity
  •  sale, distribution, or display of harmful material to a minor
  •  sexual performance by a child
  • possession or promotion of child pornography
  • electronic transmission of certain visual material depicting minor

If passed, the law would take effect on September 1, 2017.

STATUS

Passed the senate on March 15, 2017, by a 21-10 vote.


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