Texas Bill Regarding Public School Accommodations (HB 2801)

This law was last updated on Dec 6, 2016

State

Texas

Number

HB 2801

Status

Failed to Pass

Proposed

Mar 10, 2015

Topics

Anti-Transgender, LGBTQ, Religious Freedom

Full Bill Text

www.legis.state.tx.us

HB 2801 would require school districts to adopt policies providing that only persons of the same biological sex may be present at the same time in any bathroom, locker room, or shower facility in a building owned by the district.

The bill would require a school district to provide reasonable alternate bathroom, locker room, or shower facility accommodations to a student if:

the student asserts a gender identity that is different from the student’s biological sex; and
the student’s parent or guardian consents in writing.

A school district would be liable to a student who encounters a person not of the student’s biological sex in a bathroom, locker room, or shower facility that is designated for use by persons of the student’s biological sex if any employee of the district:

knew that the person was not of the same biological sex for which the accommodations were designated; and
permitted the person to enter or failed to prevent the person from entering the accommodations.

Should the student prevail in court, they would be awarded exemplary damages in the amount of $2,000, actual damages, court costs, and reasonable attorney’s fees.

The law would allow exceptions for custodial and maintenance staff, those providing medical assistance, and those supervising or assisting a student.

STATUS

Similar to HB 2802.