The Texas Women's Privacy Act, proposed in H.B. No. 239, establishes regulations for the use of private spaces, such as restrooms and locker rooms, in facilities operated by political subdivisions or state agencies. Under this bill, these spaces must be designated based on an individual's biological sex, which is defined by a person's sex organs, chromosomes, and original birth certificate. The act allows for the creation of single-occupancy private spaces and includes exceptions for specific situations, such as maintenance activities. It also imposes civil penalties for violations, with fines escalating from $5,000 for the first offense to $25,000 for subsequent offenses, and outlines a complaint process for citizens to report violations to the attorney general.

Additionally, the bill introduces significant amendments to the Civil Practice and Remedies Code, including provisions that prevent Texas courts from certifying plaintiff or defendant classes in cases related to these laws. It waives sovereign and governmental immunity for liabilities arising under this chapter, allowing legal actions against the state or governmental entities. The bill also stipulates that individuals or entities seeking declaratory or injunctive relief against these laws will be jointly liable for the prevailing party's costs and attorney's fees. The act is set to take effect immediately upon a two-thirds vote from both legislative houses or on September 1, 2025, if that threshold is not achieved.

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