In order to participate in the GunBroker Member forums, you must be logged in with your GunBroker.com account. Click the sign-in button at the top right of the forums page to get connected.

Texas Bathroom Bill SB6

mag00mag00 Member Posts: 4,719 ✭✭
edited August 2017 in General Discussion
Yee Haw Texas

It's not that complicated, look between your legs.

http://www.legis.state.tx.us/tlodocs/85R/billtext/html/SB00006I.htm

85R6551 LED-D

By: Kolkhorst S.B. No. 6



A BILL TO BE ENTITLED

AN ACT
relating to regulations and policies for entering or using a
bathroom or changing facility; authorizing a civil penalty;
increasing criminal penalties.
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]
SECTION 2. Chapter 250, Local Government Code, is amended
by adding Section 250.008 to read as follows:
Sec. 250.008. REGULATIONS RELATING TO CERTAIN BATHROOM OR
CHANGING FACILITIES PROHIBITED. (a) For the purposes of this
section, "bathroom or changing facility" means a facility where a
person may be in a state of undress, including a restroom, locker
room, changing room, or shower room.
(b) A political subdivision may not adopt or enforce an
order, ordinance, or other measure that relates to the designation
or use of a private entity's bathroom or changing facility or that
requires or prohibits the entity from adopting a policy on the
designation or use of the entity's bathroom or changing facility.
SECTION 3. Subchapter Z, Chapter 271, Local Government
Code, is amended by adding Section 271.909 to read as follows:
Sec. 271.909. CONSIDERATION OF CERTAIN POLICIES
PROHIBITED. (a) For the purposes of this section, "bathroom or
changing facility" has the meaning assigned by Section 250.008.
(b) In awarding a contract for the purchase of goods or
services, a political subdivision 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 bathroom or
changing facility.
SECTION 4. Subtitle A, Title 9, Health and Safety Code, is
amended by adding Chapter 769 to read as follows:
CHAPTER 769. PUBLIC SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOMS AND
CHANGING FACILITIES
SUBCHAPTER A. GENERAL PROVISIONS
Sec. 769.001. DEFINITIONS. In this chapter:
(1) "Biological sex" means the physical condition of
being male or female, which is stated on a person's birth
certificate.
(2) "Institution of higher education" has the meaning
assigned by Section 61.003, Education Code.
(3) "Multiple-occupancy bathroom or changing
facility" means a facility designed or designated for use by more
than one person at a time, where a person may be in a state of
undress in the presence of another person, regardless of whether
the facility provides curtains or partial walls for privacy. The
term includes a restroom, locker room, changing room, or shower
room.
(4) "Open-enrollment charter school" means a school
that has been granted a charter under Subchapter D, Chapter 12,
Education Code.
(5) "Political subdivision" means a governmental
entity of this state that is not a state agency and includes a
county, municipality, special purpose district or authority, and
junior college district. The term does not include a school
district.
(6) "School district" means any public school district
in this state.
(7) "Single-occupancy bathroom or changing facility"
means a facility designed or designated for use by only one person
at a time, where a person may be in a state of undress, including a
single toilet restroom with a locking door that is designed or
designated as unisex or for use based on biological sex.
(8) "State agency" means a department, commission,
board, office, council, authority, or other agency in the
executive, legislative, or judicial branch of state government that
is created by the constitution or a statute of this state, including
an institution of higher education.
SUBCHAPTER B. PUBLIC SCHOOLS
Sec. 769.051. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
CHANGING FACILITY. A school district or open-enrollment charter
school shall adopt a policy requiring each multiple-occupancy
bathroom or changing facility accessible to students that is
located in a school or school facility to be designated for and used
only by persons based on the person's biological sex.
Sec. 769.052. ACCOMMODATIONS AUTHORIZED. This subchapter
does not prohibit a school district or open-enrollment charter
school from providing an accommodation, including a
single-occupancy bathroom or changing facility or the controlled
use of a faculty bathroom or changing facility, on request due to
special circumstances. The school district or open-enrollment
charter school may not provide an accommodation that allows a
person to use a multiple-occupancy bathroom or changing facility
accessible to students that is designated for the biological sex
opposite to the person's biological sex.
Sec. 769.053. EXCEPTIONS. A policy adopted under Section
769.051 does not apply to a person entering a multiple-occupancy
bathroom or changing facility designated for the biological sex
opposite to the person's biological sex:
(1) for a custodial purpose;
(2) for a maintenance or inspection purpose;
(3) to render medical or other emergency assistance;
(4) to accompany a student needing assistance in using
the facility, if the assisting person is:
(A) an employee or authorized volunteer of the
school district or open-enrollment charter school; or
(B) the student's parent, guardian, conservator,
or authorized caregiver;
(5) to accompany a person other than a student needing
assistance in using the facility; or
(6) to receive assistance in using the facility.
SUBCHAPTER C. PUBLIC BUILDINGS
Sec. 769.101. SINGLE-SEX MULTIPLE-OCCUPANCY BATHROOM OR
CHANGING FACILITY. A political subdivision or state agency with
control over multiple-occupancy bathrooms or changing facilities
in a building owned or leased by this state or the political
subdivision, as applicable, shall develop a policy requiring each
multiple-occupancy bathroom or changing facility located in the
building to be designated for and used only by persons of the same
biological sex.
Sec. 769.102. ACCOMMODATIONS AUTHORIZED. This subchapter
does not prohibit a political subdivision or state agency from
providing an accommodation, including a single-occupancy bathroom
or changing facility, on request due to special circumstances. The
political subdivision or state agency may not provide an
accommodation that allows a person to use a multiple-occupancy
bathroom or changing facility designated for the biological sex
opposite to the person's biological sex.
Sec. 769.103. PRIVATE LEASES AND CONTRACTS. A private
entity that leases or contracts to use a building owned or leased by
this state or a political subdivision is not subject to a policy
developed under Section 769.101. A state agency or political
subdivision may not require or prohibit a private entity that
leases or contracts to use a building owned or leased by this state
or a political subdivision from adopting a policy on the
designation or use of bathroom or changing facilities located in
the building.
Sec. 769.104. EXCEPTIONS. A policy developed under Section
769.101 does not apply to:
(1) a person entering a multiple-occupancy bathroom or
changing facility designated for the biological sex opposite to the
person's biological sex:
(A) for a custodial purpose;
(B) for a maintenance or inspection purpose;
(C) to render medical or other emergency
assistance;
(D) to accompany a person needing assistance in
using the facility; or
(E) to receive assistance in using the facility;
or
(2) a child who is:
(A) younger than eight years of age entering a
multiple-occupancy bathroom or changing facility designated for
the biological sex opposite to the child's biological sex; and
(B) accompanying a person caring for the child.
SUBCHAPTER D. ENFORCEMENT
Sec. 769.151. CIVIL PENALTY. (a) A school district,
open-enrollment charter school, state agency, or political
subdivision that violates this chapter is liable for a civil
penalty of:
(1) not less than $1,000 and not more than $1,500 for
the first violation; and
(2) not less than $10,000 and not more than $10,500 for
the second or a subsequent violation.
(b) Each day of a continuing violation of this chapter
constitutes a separate violation.
Sec. 769.152. COMPLAINT; NOTICE. (a) A citizen of this
state may file a complaint with the attorney general that a school
district, open-enrollment charter school, state agency, or
political subdivision is in violation of this chapter only if:
(1) the citizen provides the school district,
open-enrollment charter school, state agency, or political
subdivision a written notice that describes the violation; and
(2) the school district, open-enrollment charter
school, state agency, or political subdivision does not cure the
violation before the end of the third business day after the date of
receiving the written notice.
(b) A complaint filed under this section must include:
(1) a copy of the written notice; and
(2) a signed statement by the citizen describing the
violation and indicating that the citizen provided the notice
required by this section.
Sec. 769.153. DUTIES OF ATTORNEY GENERAL: INVESTIGATION
AND NOTICE. (a) Before bringing a suit against a school district,
open-enrollment charter school, state agency, or political
subdivision for a violation of this chapter, the attorney general
shall investigate a complaint filed under Section 769.152 to
determine whether legal action is warranted.
(b) If the attorney general determines that legal action is
warranted, the attorney general shall provide the appropriate
officer of the school district, open-enrollment charter school,
state agency, or political subdivision charged with the violation a
written notice that:
(1) describes the violation and location of the
bathroom or changing facility found to be in violation;
(2) states the amount of the proposed penalty for the
violation; and
(3) requires the school district, open-enrollment
charter school, state agency, or political subdivision to cure the
violation on or before the 15th day after the date the notice is
received to avoid the penalty, unless the school district,
open-enrollment charter school, state agency, or political
subdivision was found liable by a court for previously violating
this chapter.
Sec. 769.154. COLLECTION OF CIVIL PENALTY; MANDAMUS. (a)
If, after receipt of notice under Section 769.153(b), the school
district, open-enrollment charter school, state agency, or
political subdivision has not cured the violation on or before the
15th day after the date the notice is provided under Section
769.153(b)(3), the attorney general may sue to collect the civil
penalty provided by Section 769.151.
(b) In addition to filing suit under Subsection (a), the
attorney general may also file a petition for a writ of mandamus or
apply for other appropriate equitable relief.
(c) A suit or petition under this section may be filed in a
district court in:
(1) Travis County; or
(2) a county in which the principal office of the
school district, open-enrollment charter school, state agency, or
political subdivision is located.
(d) The attorney general may recover reasonable expenses
incurred in obtaining relief under this section, including court
costs, reasonable attorney's fees, investigative costs, witness
fees, and deposition costs.
(e) A civil penalty collected by the attorney general under
this section shall be deposited to the credit of the compensation to
victims of crime fund established under Subchapter B, Chapter 56,
Code of Criminal Procedure.
Sec. 769.155. SOVEREIGN IMMUNITY WAIVED. Sovereign
immunity to suit is waived and abolished to the extent of liability
created by this subchapter.
SECTION 5. Subchapter D, Chapter 12, Penal Code, is amended
by adding Section 12.501 to read as follows:
Sec. 12.501. PENALTY IF OFFENSE COMMITTED ON PREMISES OF
BATHROOM OR CHANGING FACILITY. (a) If it is shown on the trial of
an offense described by Subsection (b) that the offense was
committed on the premises of a bathroom or changing facility:
(1) the punishment for an offense, other than a first
degree felony, is increased to the punishment prescribed for the
next higher category of offense; or
(2) if the offense is a first degree felony, the
minimum term of confinement for the offense is increased to 15
years.
(b) The increase in punishment authorized by this section
applies only to an offense under:
(1) Section 19.02 (murder);
(2) Section 19.04 (manslaughter);
(3) Section 19.05 (criminally negligent homicide);
(4) Section 20.02 (unlawful restraint);
(5) Section 20.03 (kidnapping);
(6) Section 20.04 (aggravated kidnapping);
(7) Section 21.07 (public lewdness);
(8) Section 21.08 (indecent exposure);
(9) Section 21.11 (indecency with a child);
(10) Section 21.12 (improper relationship between
educator and student);
(11) Section 21.15(b)(1) (invasive visual recording);
(12) Section 21.16, as added by Chapter 676 (H.B.
207), Acts of the 84th Legislature, Regular Session, 2015
(voyeurism);
(13) Section 22.01 (assault);
(14) Section 22.011 (sexual assault);
(15) Section 22.02 (aggravated assault);
(16) Section 22.021 (aggravated sexual assault);
(17) Section 22.04 (injury to a child, elderly
individual, or disabled individual);
(18) Section 22.041 (abandoning or endangering
child);
(19) Section 22.05 (deadly conduct);
(20) Section 22.07 (terroristic threat);
(21) Section 30.05 (criminal trespass);
(22) Section 42.07 (harassment);
(23) Section 43.02 (prostitution);
(24) Section 43.03 (promotion of prostitution);
(25) Section 43.04 (aggravated promotion of
prostitution);
(26) Section 43.05 (compelling prostitution);
(27) Section 43.22 (obscene display or distribution);
(28) Section 43.23 (obscenity);
(29) Section 43.24 (sale, distribution, or display of
harmful material to minor);
(30) Section 43.25 (sexual performance by a child);
(31) Section 43.26 (possession or promotion of child
pornography); or
(32) Section 43.261 (electronic transmission of
certain visual material depicting minor).
(c) For the purposes of this section, "bathroom or changing
facility" means a facility where a person may be in a state of
undress, including a restroom, locker room, changing room, or
shower room.
SECTION 6. It is the intent of the legislature that every
provision, section, subsection, sentence, clause, phrase, or word
in this Act, and every application of the provisions in this Act to
each person or entity, are severable from each other. If any
application of any provision in this Act to any person, group of
persons, or circumstances is found by a court to be invalid for any
reason, the remaining applications of that provision to all other
persons and circumstances shall be severed and may not be affected.
SECTION 7. Section 250.008, Local Government Code, as added
by this Act, applies to an order, ordinance, or other measure
adopted before, on, or after the effective date of this Act.
SECTION 8. Section 271.909, Local Government Code, as added
by this Act, applies only to a contract awarded on or after the
effective date of this Act.
SECTION 9. Section 12.501, Penal Code, as added by this Act,
applies only to an offense committed on or after the effective date
of this Act. An offense committed before the effective date of this
Act is governed by the law in effect on the date the offense was
committed, and the former law is continued in effect for that
purpose. For purposes of this section, an offense was committed
before the effective date of this Act if any element of the offense
occurred before that date.
SECTION 10. This Act takes effect September 1, 2017.

Comments

  • mogley98mogley98 Member Posts: 18,291 ✭✭✭✭
    edited November -1
    It's a shame our Government can pass bills so weirdo's can pee where they want to but can't balance a budget or pass meaningful legislation!

    [:(]
    Why don't we go to school and work on the weekends and take the week off!
  • Sam06Sam06 Member Posts: 21,244 ✭✭✭✭
    edited November -1
    Look what happen here in NC when we tried to limit tranys in the bathroom.

    [:(]
    RLTW

  • AzAfshinAzAfshin Member Posts: 2,985 ✭✭
    edited November -1
    It's really a shame that a law that wants to say "Use the sex given to you at birth to determine which bathroom to use." has to be so frigging long and winded.
  • cbxjeffcbxjeff Member Posts: 17,640 ✭✭✭✭
    edited November -1
    Right, Az. Only a group of lawyers could write that.
    It's too late for me, save yourself.
  • mag00mag00 Member Posts: 4,719 ✭✭
    edited November -1
    quote:Originally posted by AzAfshin
    It's really a shame that a law that wants to say "Use the sex given to you at birth to determine which bathroom to use." has to be so frigging long and winded.


    I haven't fully read it. The media is having a field day with it some places.
  • Mr. PerfectMr. Perfect Member, Moderator Posts: 66,437 ******
    edited November -1
    Well, it should be as uncomplicated as do you have XY or XX chromosomes, but the left wants it as complicated as possible to advance their perversion agenda.
    Some will die in hot pursuit
    And fiery auto crashes
    Some will die in hot pursuit
    While sifting through my ashes
    Some will fall in love with life
    And drink it from a fountain
    That is pouring like an avalanche
    Coming down the mountain
  • Big Sky RedneckBig Sky Redneck Member Posts: 19,752 ✭✭✭
    edited November -1
    So when you're all hammered up at the bar late at night can you still wander into the ladies room and say "HEY LADIES!!!!!" [:D]
Sign In or Register to comment.