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. Under the new Chapter 3002 of the Government Code, political subdivisions and state agencies must designate multiple-occupancy private spaces for use exclusively by individuals of one sex and take reasonable steps to prevent individuals of the opposite sex from entering these spaces. The Act also includes provisions for single-occupancy spaces and outlines exceptions for specific circumstances, such as custodial or maintenance purposes. Civil penalties are introduced for violations, with fines of $5,000 for the first offense and $25,000 for subsequent violations, and residents can file complaints with the attorney general or pursue private civil actions for violations.

Additionally, the bill addresses sovereign, governmental, and official immunity in civil actions, asserting that the state has sovereign immunity, political subdivisions have governmental immunity, and state officers or agents have official immunity in legal actions challenging the chapter's validity or enforcement. However, immunity may be waived under certain conditions. The bill also includes a fee-shifting provision, making individuals or entities seeking declaratory or injunctive relief against the state liable for the prevailing party's costs and attorney's fees. It applies only to causes of action accruing after its effective date and includes a severability clause to maintain the validity of remaining provisions if any are found invalid. The Act is set to take effect 91 days after the legislative session concludes.

Statutes affected:
Introduced: ()