The Texas Women's Privacy Act, S.B. No. 240, establishes strict regulations regarding the designation and use of facilities based on biological sex, mandating that multiple-occupancy private spaces, such as restrooms and locker rooms, be designated for individuals of the same biological sex as defined by physical characteristics and original birth certificates. The bill includes exceptions for specific situations, such as custodial or maintenance purposes, and specifies that family violence shelters for female victims can only serve individuals identified as female and their minor children.

In addition to these regulations, the bill introduces enforcement mechanisms, including civil penalties starting at $5,000 for the first offense and escalating to $25,000 for subsequent violations. It allows residents to file complaints with the attorney general, who must investigate before any legal action is taken. The legislation also outlines provisions regarding sovereign, governmental, and official immunity, stating that the state and its political subdivisions have immunity in legal actions challenging the law's validity, with certain exceptions. Furthermore, a fee-shifting provision is included, making those who seek to prevent enforcement liable for the prevailing party's costs and attorney's fees, applicable only to actions accruing after the Act's effective date of September 1, 2025.

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