Amendment
Passed on 9/22/25
This bill, known as the Texas Women's Privacy Act, aims to regulate access to multiple-occupancy private spaces such as restrooms, locker rooms, and changing rooms based on biological sex in facilities operated by political subdivisions and state agencies in Texas. The legislation establishes strict requirements for designating and restricting access to these spaces, imposes civil penalties for violations, and creates enforcement mechanisms through both the Attorney General and private civil actions. The bill also mandates that correctional facilities house inmates according to their biological sex and prohibits family violence shelters designed for female victims from providing services to biological males.
The bill requires political subdivisions and state agencies to designate multiple-occupancy private spaces for use by only one biological sex and take reasonable steps to ensure individuals of the opposite sex do not enter these spaces. It establishes civil penalties of $5,000 for the first violation and $25,000 for subsequent violations. The Texas Department of Criminal Justice must ensure inmates are housed according to their biological sex. The legislation creates a private right of action for affected individuals to seek declaratory and injunctive relief, as well as statutory damages of at least $10,000 per violation. It grants the Attorney General authority to investigate complaints and bring civil actions to enforce compliance. The bill also prohibits courts from certifying class actions in cases brought under this chapter and restricts judicial review by prohibiting courts from granting declaratory or injunctive relief that would invalidate or restrain enforcement of the chapter.
The Attorney General is responsible for investigating complaints and enforcing compliance through civil actions. The Texas Board of Criminal Justice must adopt rules to implement the inmate housing provisions in compliance with state and federal law. Political subdivisions and state agencies are required to designate and enforce access to multiple-occupancy private spaces based on biological sex. The bill establishes a complaint process where residents can file complaints with the Attorney General, who must then investigate and potentially bring civil action if violations are not cured within 15 days of notice. Civil penalties collected are to be deposited into the crime victims' compensation fund. The Fifteenth Court of Appeals is granted exclusive jurisdiction over appeals arising from civil actions under this chapter.
The bill directly impacts political subdivisions, state agencies, and correctional facilities in Texas, requiring them to comply with new regulations on multiple-occupancy private spaces. It affects individuals by restricting access to these spaces based on biological sex, with potential civil penalties for violations. The legislation creates a new avenue for residents to file complaints and seek enforcement through the Attorney General or private civil actions. Family violence shelters designed for female victims are prohibited from providing services to biological males, potentially affecting their operations and clientele. The bill may result in increased administrative burden for affected entities to ensure compliance and handle potential complaints or legal actions. While specific cost estimates are not provided, the potential for civil penalties and litigation could have significant financial implications for non-compliant entities.
The bill adds Chapter 3002 to Subtitle Z, Title 10 of the Texas Government Code. It asserts broad sovereign immunity for the state and governmental immunity for political subdivisions, with limited exceptions for civil actions brought under this chapter. The legislation preempts local laws by establishing statewide standards for access to multiple-occupancy private spaces in government-operated facilities. It limits judicial review by prohibiting courts from granting relief that would invalidate or restrain enforcement of the chapter. The bill also modifies existing legal frameworks by adding fee-shifting provisions and restricting class action certifications for related cases. The constitutional basis for the legislation is not explicitly stated, but it likely relies on the state's police powers to regulate public health, safety, and welfare.
The bill raises significant constitutional concerns, particularly regarding equal protection and privacy rights for transgender individuals. Implementation challenges may arise in enforcing and monitoring compliance across various facilities and institutions. The legislation's strict biological sex definitions and restrictions on accommodations for transgender individuals could face legal challenges under federal anti-discrimination laws. There are potential unintended consequences, such as increased discrimination and harassment of transgender or gender non-conforming individuals in public spaces. The bill's restrictions on judicial review and class actions may face scrutiny as potential violations of separation of powers and access to justice principles. Opposition arguments are likely to focus on the bill's discriminatory impact on transgender individuals, potential violation of federal civil rights laws, and the creation of a hostile environment in public spaces. The broad immunity provisions and limitations on judicial review may also be criticized as undermining accountability and due process.