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.
89th Legislature Regular Session
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. 38.457. CIVIL LIABILITY. [...] 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.
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.
History
| Date | Action |
|---|---|
| 2024-11-12 | Filed |