The Texas Women's Privacy Act, proposed in H.B. No. 239, establishes regulations for the use of private spaces in facilities owned or operated by political subdivisions or state agencies, mandating that these spaces be designated for individuals based on their biological sex. The bill defines key terms such as "biological sex," "private space," and "single-occupancy private space," while allowing for accommodations for individuals with disabilities or young children, provided these do not permit access to spaces designated for the opposite biological sex. The legislation also imposes civil penalties for violations, with fines escalating from $5,000 for the first offense to $25,000 for subsequent offenses, and allows citizens to file complaints with the attorney general.

In addition to these provisions, the bill introduces significant changes to the Civil Practice and Remedies Code, including the prohibition of class certification in lawsuits related to access to private spaces based on biological sex. It waives sovereign and governmental immunity for liabilities created by this chapter, enabling legal actions against the state and its entities. Furthermore, individuals or entities seeking declaratory or injunctive relief must bear the costs and reasonable attorney's fees of the prevailing party, with specific criteria for determining who qualifies as "prevailing." 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 met.

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