By: Kolkhorst, et al.	S.B. No. 3

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of certain facilities and activities of
	political subdivisions, including public school districts, and
	open-enrollment charter schools.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
	SECTION 1.  The heading to Chapter 250, Local Government
	Code, is amended to read as follows:
	CHAPTER 250.  MISCELLANEOUS REGULATORY AUTHORITY OF
	MUNICIPALITIES, [AND] COUNTIES, AND OTHER LOCAL GOVERNMENTS
	SECTION 2.  Chapter 250, Local Government Code, is amended
	by adding Section 250.009 to read as follows:
	Sec. 250.009.  REGULATION OF CERTAIN FACILITIES AND
	ACTIVITIES. (a)  Each multiple-occupancy restroom, shower, and
	changing facility of a political subdivision, including a public
	school district, or an open-enrollment charter school must be
	designated for and used only by persons of the same sex as stated on
	a person's:
	(1)  birth certificate; or
	(2)  driver's license, personal identification
	certificate, or license to carry a handgun, issued to the person by
	the Department of Public Safety of the State of Texas.
	(b)  In an effort to ensure the right of each person to
	participate in athletic activities and have access to restrooms,
	locker rooms, showers, and changing facilities with privacy,
	dignity, and safety, and except in accordance with federal law as
	enacted by Congress and interpreted in controlling federal case law
	and state law as enacted by the legislature and interpreted in
	controlling case law of this state, a political subdivision,
	including a public school district, or an open-enrollment charter
	school may not adopt or enforce an order, ordinance, policy, or
	other measure that:
	(1)  relates to the designation or use of a
	multiple-occupancy restroom, shower, or changing facility;
	(2)  requires a private entity to adopt, or prohibits
	the entity from adopting, a policy on the designation or use of the
	entity's multiple-occupancy restrooms, showers, or changing
	facilities; or
	(3)  allows a person whose birth certificate states
	their sex as male to participate in athletic activities designated
	for a person whose birth certificate states their sex as female.
	(c)  A private entity that leases or contracts to use a
	building owned or leased by a political subdivision, including a
	public school district, or an open-enrollment charter school is not
	subject to Subsection (a).  A political subdivision, including a
	public school district, or an open-enrollment charter school may
	not require the private entity to adopt, or prohibit the private
	entity from adopting, a policy on the designation or use of
	restrooms, showers, or changing facilities located in the building.
	(d)  This section may be enforced only through an action
	instituted by the attorney general for mandamus or injunctive
	relief. The attorney general may recover costs and attorney's fees
	related to enforcing this section.
	(e)  This section does not preclude a political subdivision,
	including a public school district, or an open-enrollment charter
	school from adopting an ordinance, order, policy, or other measure
	regarding the use of a restroom, shower, or changing facility by a
	person not of the designated sex to:
	(1)  assist in the restroom, shower, or changing
	facility:
	(A)  a person with a disability;
	(B)  a child under the age of eight; or
	(C)  an elderly person.
	(2)  be assisted in the restroom, shower, or changing
	facility, if the person is a person described by Subdivision
	(1)(A), (B), or (C);
	(3)  render medical or other emergency assistance; or
	(4)  maintain the restroom, shower, or changing
	facility when the restroom, shower, or changing facility is not in
	use.
	(f)  This section does not prohibit a political subdivision,
	including a public school district, or an open-enrollment charter
	school from providing an accommodation, including a
	single-occupancy restroom, shower, or changing facility or the
	controlled use of a faculty restroom, shower, or changing facility,
	on request due to special circumstances.
	SECTION 3.  Subchapter Z, Chapter 2252, Government Code, is
	amended by adding Section 2252.909 to read as follows:
	Sec. 2252.909.  CONSIDERATION OF CERTAIN POLICIES
	PROHIBITED.  In awarding a contract for the purchase of goods or
	services, a political subdivision, including a public school
	district, or an open-enrollment charter school may not consider
	whether a private entity competing for the contract has adopted a
	policy relating to the designation or use of the entity's bathrooms
	or changing facilities.
	SECTION 4.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.