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A BILL TO BE ENTITLED
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AN ACT
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relating to single-occupancy bathroom and changing facilities in |
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public buildings; authorizing a civil penalty. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 341, Health and Safety Code, is amended |
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by adding Sections 341.071 and 341.0711 to read as follows: |
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Sec. 341.071. BATHROOM AND CHANGING FACILITIES. (a) In |
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this section: |
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(1) "Public building" means a building used or to be |
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used for purposes that provide for public access or occupancy, |
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including a building owned or controlled by this state or a |
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political subdivision of this state. |
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(2) "Single-occupancy bathroom or changing facility" |
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means a facility designed or designated for use by only one person |
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at a time, where a person may be in a state of undress, including a |
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single toilet restroom with a locking door that is designed or |
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designated as unisex. |
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(b) A person with control over bathrooms and changing |
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facilities in a public building shall ensure that each bathroom and |
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changing facility located in the public building is a |
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gender-neutral, single-occupancy bathroom or changing facility. |
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(c) Subsection (b) does not apply to: |
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(1) a federal building or other building exempt from |
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the requirements of that subsection by the application of other |
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law; or |
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(2) a public building constructed before January 1, |
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2018. |
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Sec. 341.0711. BATHROOM AND CHANGING FACILITIES; CIVIL |
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PENALTY. (a) A person who violates Section 341.071 is subject to a |
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civil penalty of not less than $500 for each violation. |
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(b) Each day a violation continues or occurs constitutes a |
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separate violation for the purposes of assessing a civil penalty |
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under this section. |
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(c) In determining the amount of a civil penalty, the court |
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hearing the matter shall consider: |
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(1) the person's history of previous violations; |
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(2) the seriousness of the violation; |
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(3) the amount necessary to deter future violations; |
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(4) the demonstrated good faith of the person charged; |
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and |
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(5) any other matter as justice may require. |
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(d) The attorney general or the appropriate district or |
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county attorney, in the name of the state, may bring an action under |
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this section in a district court of Travis County or of a county in |
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which the violation occurs. |
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(e) A civil penalty recovered in a suit instituted by a |
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local government under this chapter shall be paid to the local |
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government. |
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(f) The attorney general or the appropriate district or |
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county attorney may recover reasonable expenses, including |
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investigative costs, reasonable attorney's fees, witness fees, and |
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deposition expenses, incurred in obtaining a civil penalty under |
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this section. |
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SECTION 2. Subchapter F, Chapter 341, Health and Safety |
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Code, is amended by adding Section 341.093 to read as follows: |
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Sec. 341.093. APPLICABILITY. This subchapter does not |
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apply to a violation of Section 341.071. |
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SECTION 3. Sections 341.071 and 341.0711, Health and Safety |
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Code, as added by this Act, apply only with respect to the |
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construction of a public building commenced on or after January 1, |
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2018. Construction of a public building commenced before the |
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effective date of this Act is governed by the law applicable to the |
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construction immediately before the effective date of this Act. |
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For the purposes of this section, construction commenced before |
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January 1, 2018, if the application for a building permit under |
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which the construction commences was submitted before January 1, |
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2018. |
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SECTION 4. This Act takes effect December 1, 2017. |