The Texas Women's Privacy Act, proposed in S.B. No. 7, establishes regulations for the designation and use of certain public spaces based on biological sex. It requires political subdivisions and state agencies to designate multiple-occupancy private spaces, such as restrooms and locker rooms, for exclusive use by individuals of one sex. The bill defines key terms, including "male," "female," "multiple-occupancy private space," and "single-occupancy private space," while allowing accommodations for individuals with disabilities or young children. However, it prohibits individuals from using spaces designated for the opposite sex. The legislation also includes enforcement mechanisms, allowing for civil penalties against violators and enabling residents to file complaints with the attorney general.
Additionally, the bill addresses sovereign, governmental, and official immunity in civil actions, detailing the limitations and conditions under which these immunities apply. It grants the Fifteenth Court of Appeals exclusive jurisdiction over related appeals and asserts that the state, political subdivisions, and their officers or agents have immunity against actions challenging the validity of the chapter. However, exceptions are made where federal law abrogates immunity or under specific conditions. The bill introduces a fee-shifting provision, making parties seeking declaratory or injunctive relief liable for the prevailing party's costs and attorney's fees, and clarifies that it applies only to causes of action accruing after its effective date, including a severability clause to maintain the validity of remaining provisions if any part is found invalid.
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