The Texas Women's Privacy Act, proposed in H.B. No. 32, establishes regulations for the designation and use of certain spaces, such as restrooms and locker rooms, based on biological sex. It introduces Chapter 3002 to the Government Code, defining "biological sex" and mandating that multiple-occupancy private spaces be designated for use only by individuals of the same biological sex. The bill prohibits individuals whose biological sex does not match the designated sex from entering these spaces, with exceptions for custodial, maintenance, or medical purposes, as well as for young children accompanied by a caregiver. Civil penalties for violations are outlined, with escalating fines for repeated offenses, and residents are empowered to file complaints with the attorney general, who is responsible for investigating and potentially taking legal action.

Additionally, the bill addresses sovereign, governmental, and official immunity in legal actions related to its provisions. It asserts that the state has sovereign immunity, political subdivisions have governmental immunity, and state officers, employees, or agents have official immunity in actions challenging the law's validity or enforcement. However, this immunity is waived under certain federal laws or to the extent of liability created by the chapter. The bill also includes a fee-shifting provision for cases seeking declaratory or injunctive relief against the enforcement of biological sex regulations, defining the conditions under which prevailing parties can recover costs and attorney's fees. The Act will take effect 91 days after the legislative session concludes, and if any part is declared invalid, the remaining provisions will still be valid.

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