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 their sex organs, chromosomes, and original birth certificate. The legislation allows for the creation of single-occupancy private spaces and includes exceptions for specific situations, such as maintenance activities. To enforce these regulations, the bill imposes civil penalties, with fines escalating from $5,000 for the first offense to $25,000 for subsequent violations, and outlines a complaint process through the attorney general.

Additionally, the bill introduces changes to the Civil Practice and Remedies Code, stating that no court in Texas may certify a plaintiff or defendant class in cases related to these regulations. It waives sovereign and governmental immunity to allow legal actions against the state or governmental entities concerning these matters. The bill also stipulates that individuals or entities seeking declaratory or injunctive relief against the enforcement of these laws will be jointly and severally liable for the prevailing party's costs and attorney's fees. The act is set to take effect immediately upon receiving a two-thirds vote from both legislative houses or on September 1, 2025, if that threshold is not met.

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