Bill > HB2704

This bill seeks to establish clear legal definitions for biological sex and regulate the use of multi-occupancy spaces in certain public facilities, with a focus on protecting women and girls. The bill defines key terms like "male," "female," "boy," and "girl" based strictly on reproductive biological characteristics, specifying that sex is determined at birth. It requires covered facilities such as correctional facilities, schools, homeless shelters, and family violence centers to designate multi-occupancy spaces like restrooms, changing rooms, and sleeping quarters exclusively for either males or females, and prohibits individuals from using spaces not matching their biological sex. The legislation provides a private right of action for individuals who believe a facility has violated these provisions, allowing them to seek declaratory relief, injunctive relief, and compensatory damages. The bill's findings emphasize historical and legal precedents recognizing biological differences between sexes, and it argues that such distinctions are constitutionally permissible when substantially related to important government interests like privacy and safety. The law is set to take effect on September 1, 2025, and includes protections against retaliation for individuals seeking to enforce its provisions. Importantly, the bill creates exceptions for medical emergencies, maintenance, law enforcement, and assistance for individuals with disabilities or special needs.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB2704