The Texas Women's Privacy Act, proposed in S.B. No. 240, establishes regulations for the use of private spaces in state-owned or operated facilities, mandating that restrooms, locker rooms, and changing areas be designated based on an individual's biological sex, defined by sex organs, chromosomes, and original birth certificate. The bill allows for the creation of single-occupancy private spaces and family restrooms, while also outlining exceptions for specific situations such as custodial or maintenance needs. It imposes civil penalties for violations, with fines escalating from $5,000 for the first offense to $25,000 for subsequent offenses, and establishes a complaint process for citizens to report violations.

Additionally, the bill introduces significant changes to existing privacy laws, including prohibiting Texas courts from certifying plaintiff or defendant classes in related legal actions and waiving sovereign immunity for liabilities created by this chapter, thus allowing legal actions against the state. It also stipulates that individuals or entities seeking relief against these laws will be jointly liable for the prevailing party's costs and attorney's fees, with specific criteria for determining a prevailing party. The act is set to take effect immediately upon a two-thirds vote from both legislative houses or on September 1, 2025, if such a vote is not achieved.

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