The Texas Women's Privacy Act, S.B. No. 240, establishes regulations that require political subdivisions and state agencies to designate multiple-occupancy private spaces, such as restrooms and locker rooms, for use exclusively by individuals of the same biological sex, which is defined based on physical characteristics and original birth certificates. The bill outlines provisions for exceptions and accommodations, particularly concerning the housing of inmates in correctional facilities. It also introduces enforcement mechanisms, including civil penalties ranging from $5,000 for first offenses to $25,000 for subsequent violations, and allows residents to file complaints with the attorney general, who is required to investigate before any legal action is taken.
Additionally, the bill addresses sovereign, governmental, and official immunity in legal actions related to its enforcement, stating that the state and its political subdivisions are immune from challenges to the law's validity unless federal law abrogates this immunity or the state explicitly waives it. It includes a fee-shifting provision that holds individuals or entities seeking to prevent enforcement liable for the prevailing party's costs and attorney's fees. The legislation is set to take effect on September 1, 2025, and includes a severability clause to maintain the validity of remaining provisions if any part is declared invalid.
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