Texas Bill Regarding Local Government Regulation of Multi-Occupancy Private Spaces (HB 1362)

HB 1362 would prohibit local governments from creating restroom policies for private businesses while at the same time prohibiting public schools from adopting policies that would allow more than one sex or gender to use the same multi-occupancy restrooms.

Local Control

The bill would prohibit any state agency or a political subdivision from adopting or enforcing an order, rule, policy, ordinance, or other measure that limits the ability of a private entity to adopt or enforce a policy on the use of the private entity’s multi-occupancy private spaces by one or more sexes or genders.

School Districts

The bill would prohibit the board of trustees or the superintendent of a school district from adopting a policy or other measure regarding the use of the district’s multi-occupancy private spaces by more than one sex or gender.

The bill defines “multi-occupancy private space” to include any restroom, locker room, changing room, shower room, or other similar facility:

• in which a person may be in a state of undress; and
• that is designated to be used by more than one person at a time.

The bill provides that the attorney general may bring an action for an injunction to prevent or restrain any violation of this provision.

If passed, the law would take effect on September 1, 2017.

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People