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. These spaces must be designated based on an individual's biological sex, defined by their sex organs, chromosomes, and original birth certificate. The bill allows for exceptions for custodial purposes and accommodations for individuals with disabilities or young children. It also introduces 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 through the attorney general.

In addition to privacy regulations, the bill significantly alters the legal landscape for class action lawsuits related to these privacy laws by prohibiting courts from certifying plaintiff or defendant classes in such actions. It waives sovereign immunity for liabilities created by the act, allowing legal actions against the state or its entities. The bill also includes provisions for awarding attorney's fees to prevailing parties in cases challenging the enforcement of these laws, and it defines the criteria for a "prevailing party." A severability clause is included to ensure that if any part of the act is invalidated, the remaining provisions will still be enforceable.

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