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A BILL TO BE ENTITLED
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AN ACT
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relating to the regulation of certain facilities and activities of |
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political subdivisions, including public school districts, and |
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open-enrollment charter schools. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. The heading to Chapter 250, Local Government |
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Code, is amended to read as follows: |
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CHAPTER 250. MISCELLANEOUS REGULATORY AUTHORITY OF |
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MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS |
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SECTION 2. Chapter 250, Local Government Code, is amended |
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by adding Section 250.009 to read as follows: |
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Sec. 250.009. REGULATION OF CERTAIN FACILITIES AND |
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ACTIVITIES. (a) Each multiple-occupancy restroom, shower, and |
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changing facility of a political subdivision, including a public |
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school district, or an open-enrollment charter school must be |
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designated for and used only by persons of the same sex as stated on |
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a person's birth certificate. |
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(b) Except in accordance with federal law as enacted by |
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Congress and interpreted in controlling federal case law and state |
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law as enacted by the legislature and interpreted in controlling |
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case law of this state, a political subdivision, including a public |
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school district, or an open-enrollment charter school may not adopt |
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or enforce an order, ordinance, policy, or other measure to protect |
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a class of persons from discrimination to the extent that the order, |
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ordinance, policy, or other measure regulates: |
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(1) access to multiple-occupancy restrooms, showers, |
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or changing facilities; or |
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(2) participation in athletic activities. |
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(c) This section may be enforced only through an action |
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instituted by the attorney general for mandamus or injunctive |
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relief. The attorney general may recover costs and attorney's fees |
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related to enforcing this section. |
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SECTION 3. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect on the 91st day after the last day of the |
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legislative session. |