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 exclusive use by individuals of one sex and take reasonable measures 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 medical purposes. Civil penalties are introduced for violations, with fines escalating from $5,000 for the first offense to $25,000 for subsequent offenses, 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, detailing the conditions under which these immunities apply and granting the Fifteenth Court of Appeals exclusive jurisdiction over related appeals. It asserts that the state, political subdivisions, and their officers or agents have immunity against actions challenging the chapter's validity or enforcement, with exceptions for federal law or waivers. A fee-shifting provision is also included, making parties seeking declaratory or injunctive relief liable for the prevailing party's costs and attorney's fees, with specific definitions and limitations on recovery. 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.
Statutes affected: Introduced: ()