S.B. No. 8, known as the Texas Women's Privacy Act, establishes regulations for the designation and use of certain spaces, such as restrooms and locker rooms, based on biological sex. The bill requires political subdivisions and state agencies to designate multiple-occupancy private spaces exclusively for individuals of one sex and provides definitions for terms like "male," "female," "multiple-occupancy private space," and "single-occupancy private space." It allows exceptions for custodial or maintenance purposes and stipulates that family violence shelters for female victims can only serve individuals identified as female.
The bill outlines enforcement mechanisms, including civil penalties for violations, which can reach $25,000 for the first offense and $125,000 for subsequent offenses. It allows residents to file complaints with the attorney general, who must investigate before legal action is taken, and grants individuals affected by violations the right to pursue a private civil cause of action. Additionally, the bill addresses sovereign, governmental, and official immunity, granting the Fifteenth Court of Appeals exclusive jurisdiction over related appeals. It also introduces a fee-shifting provision for parties seeking declaratory or injunctive relief against the state or its subdivisions, ensuring that the prevailing party can recover costs and attorney's fees. The provisions apply only to causes of action accruing after the bill's effective date and include a severability clause to maintain the validity of remaining provisions if any part is found invalid.
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