SB 8

S.B. No. 8
  AN ACT
  relating to the designation and use of certain spaces and
  facilities according to sex; authorizing a civil penalty and a
  private civil right of action.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  This Act may be cited as the Texas Women's
  Privacy Act.
         SECTION 2.  Subtitle Z, Title 10, Government Code, is
  amended by adding Chapter 3002 to read as follows:
  CHAPTER 3002.  REGULATION OF INDIVIDUALS IN CERTAIN SPACES AND
  FACILITIES ACCORDING TO SEX
  SUBCHAPTER A.  GENERAL PROVISIONS
         Sec. 3002.001.  DEFINITIONS.  In this chapter:
               (1)  "Correctional facility" has the meaning assigned
  by Section 1.07, Penal Code.
               (2)  "Family violence shelter" means a family violence
  nonresidential center or a family violence shelter center, as those
  terms are defined by Section 51.002, Human Resources Code, that has
  contracted with the Health and Human Services Commission under
  Section 51.003, Human Resources Code.
               (3)  "Female" means an individual who naturally has or
  will have, or had or would have but for a congenital anomaly or an
  intentional or unintentional disruption, a reproductive system
  designed to produce, transport, and provide eggs for fertilization.
               (4)  "Institution of higher education" has the meaning
  assigned by Section 61.003, Education Code.
               (5)  "Male" means an individual who naturally has or
  will have, or had or would have but for a congenital anomaly or an
  intentional or unintentional disruption, a reproductive system
  designed to produce, transport, and utilize sperm for
  fertilization.
               (6)  "Multiple-occupancy private space" means a
  facility designed or designated for simultaneous use by more than
  one individual and in which an individual may be in a state of
  undress in the presence of another individual, regardless of
  whether the facility provides curtains or partial walls for
  privacy.  The term includes a restroom, locker room, changing room,
  or shower room.
               (7)  "Political subdivision" means a governmental
  entity of this state, including a county, municipality, special
  purpose district or authority, school district, open-enrollment
  charter school, or junior college district.  The term does not
  include a state agency.
               (8)  "Sex" means an individual's biological sex, either
  male or female.
               (9)  "Single-occupancy private space" means a facility
  designed or designated for use by only one individual at a time and
  in which the individual may be in a state of undress.  The term
  includes:
                     (A)  a single toilet restroom with a locking door
  that is designed or designated as unisex or for use based on sex;
  and
                     (B)  sleeping quarters designed or designated for
  use by one individual.
               (10)  "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.
         Sec. 3002.002.  CONSTRUCTION OF CHAPTER.  This chapter may
  not be construed to prevent a litigant from asserting the
  invalidity or unconstitutionality of a provision or application of
  this chapter as a defense to liability in an action, claim, or
  counterclaim brought under this chapter.
  SUBCHAPTER B.  DESIGNATION AND USE OF CERTAIN SPACES AND FACILITIES
  ACCORDING TO SEX
         Sec. 3002.051.  DESIGNATION OF MULTIPLE-OCCUPANCY PRIVATE
  SPACES.  (a)  A political subdivision or state agency shall
  designate each multiple-occupancy private space in a building the
  political subdivision or state agency owns, operates, or controls
  for use only by individuals of one sex.
         (b)  A political subdivision or state agency shall take every
  reasonable step to ensure an individual whose sex is opposite to the
  sex designated for a multiple-occupancy private space under
  Subsection (a) does not enter the private space.
         Sec. 3002.052.  ACCOMMODATIONS.  (a)  Section 3002.051 does
  not prohibit a political subdivision or state agency from:
               (1)  adopting a policy necessary to accommodate an
  individual with a disability, a young child, or an elderly
  individual who requires assistance when using a multiple-occupancy
  private space;
               (2)  establishing a single-occupancy private space,
  family restroom, or changing room; or
               (3)  changing the designation of a multiple-occupancy
  private space from the use designated under Section 3002.051 to
  exclusive use by individuals of the sex opposite to the previously
  designated sex.
         (b)  A political subdivision or state agency is prohibited
  from providing an accommodation under Subsection (a) that allows an
  individual to use a multiple-occupancy private space designated for
  the exclusive use of individuals of the sex opposite to the
  individual's sex.
         Sec. 3002.053.  EXCEPTIONS.  A designation of a
  multiple-occupancy private space under Section 3002.051 does not
  apply to:
               (1)  an individual entering a multiple-occupancy
  private space designated for the exclusive use of individuals of
  the sex opposite to the individual's sex:
                     (A)  for a custodial purpose;
                     (B)  for a maintenance or inspection purpose;
                     (C)  to render medical or other emergency
  assistance;
                     (D)  to accompany and provide assistance to an
  individual who needs assistance in using the facility;
                     (E)  for a law enforcement purpose; or
                     (F)  to render assistance necessary in preventing
  a serious threat to proper order or safety; or
               (2)  a child who is:
                     (A)  nine years of age or younger entering a
  multiple-occupancy private space designated for the exclusive use
  of individuals of the sex opposite to the child's sex; and
                     (B)  accompanied by an individual caring for the
  child.
         Sec. 3002.054.  HOUSING OF INMATES ACCORDING TO SEX.  (a)  
  The Texas Department of Criminal Justice shall ensure inmates are
  housed in a correctional facility, including a dormitory or
  cellblock of a correctional facility, according to the inmate's
  sex.
         (b)  The Texas Board of Criminal Justice shall adopt rules to
  implement this section, including rules ensuring this section is
  implemented in compliance with state and federal law.
         Sec. 3002.055.  PROHIBITED SERVICES AT CERTAIN FAMILY
  VIOLENCE SHELTERS.  A family violence shelter designed specifically
  to provide services to female victims of family violence may only
  provide services to:
               (1)  an individual whose sex is female; and
               (2)  an individual who is 17 years of age or younger and
  is the child of an individual described by Subdivision (1) who is
  receiving services at the shelter.
  SUBCHAPTER C.  ENFORCEMENT
         Sec. 3002.101.  CIVIL PENALTY.  (a)  A political subdivision
  or state agency that violates this chapter is liable for a civil
  penalty of:
               (1)  $25,000 for the first violation; and
               (2)  $125,000 for the second or a subsequent violation.
         (b)  Each day of a continuing violation of this chapter
  constitutes a separate violation.
         Sec. 3002.102.  COMPLAINT; NOTICE.  (a)  A resident of this
  state may file a complaint with the attorney general against a
  political subdivision or state agency for a violation of this
  chapter only if:
               (1)  the resident provides the political subdivision or
  state agency a written notice describing the violation; and
               (2)  the political subdivision or state agency does not
  cure the violation before the end of the third business day after
  the date the written notice is received.
         (b)  A complaint filed under this section must include:
               (1)  a copy of the written notice; and
               (2)  the resident's sworn statement or affidavit
  describing the violation and indicating the resident provided the
  notice required by this section.
         Sec. 3002.103.  DUTIES OF ATTORNEY GENERAL: INVESTIGATION
  AND NOTICE.  (a)  Before bringing an action against a political
  subdivision or state agency for a violation of this chapter, the
  attorney general shall investigate a complaint filed under Section
  3002.102 to determine whether legal action is warranted.
         (b)  The political subdivision or state agency subject to the
  complaint shall provide to the attorney general any information the
  attorney general requests in connection with the complaint,
  including:
               (1)  supporting documents related to the complaint; and
               (2)  a statement on whether the political subdivision
  or state agency has complied or intends to comply with this chapter.
         (c)  If the attorney general determines legal action is
  warranted, the attorney general shall provide to the appropriate
  officer of the political subdivision or state agency charged with
  the violation a written notice:
               (1)  describing the violation and location of the
  multiple-occupancy private space found to be in violation;
               (2)  stating the amount of the proposed penalty for the
  violation; and
               (3)  requiring the political subdivision or state
  agency to cure the violation on or before the 15th day after the
  date the notice is received to avoid the penalty, unless a court
  previously found the political subdivision or state agency liable
  for a violation of this chapter.
         Sec. 3002.104.  COLLECTION OF CIVIL PENALTY; MANDAMUS.  (a)  
  If, after receipt of notice under Section 3002.103(c), the
  political subdivision or state agency has not cured the violation
  on or before the 15th day after the date the notice is received or
  was previously found liable by a court for a violation of this
  chapter, the attorney general may bring an action to collect the
  civil penalty authorized under Section 3002.101.
         (b)  In addition to bringing an action under Subsection (a),
  the attorney general may also file a petition for a writ of mandamus
  or apply for other appropriate equitable relief.
         (c)  An action under this section may be brought or filed in a
  district court in the county in which the principal office of the
  political subdivision or state agency 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 J, Chapter 56B,
  Code of Criminal Procedure.
         (f)  Notwithstanding any other law, the Fifteenth Court of
  Appeals has exclusive jurisdiction over any appeal arising out of a
  civil action brought under this section.
         Sec. 3002.105.  PRIVATE CIVIL CAUSE OF ACTION.  (a)  A person
  affected by a political subdivision's or state agency's violation
  of this chapter may bring a civil action and is entitled to obtain:
               (1)  declaratory relief;
               (2)  injunctive relief; and
               (3)  court costs, including reasonable attorney's and
  witness fees.
         (b)  Notwithstanding any other law, the Fifteenth Court of
  Appeals has exclusive jurisdiction over any appeal arising out of a
  civil action brought under this section.
         Sec. 3002.106.  SOVEREIGN, GOVERNMENTAL, AND OFFICIAL
  IMMUNITY.  (a)  Notwithstanding any other law except as provided by
  Subsection (b), this state has sovereign immunity, a political
  subdivision has governmental immunity, and an officer, employee, or
  agent of this state or a political subdivision has official
  immunity in an action, claim, counterclaim, or any type of legal or
  equitable action that:
               (1)  challenges the validity of any provision or
  application of this chapter, on constitutional grounds or
  otherwise; or
               (2)  seeks to prevent or enjoin this state, a political
  subdivision, or an officer, employee, or agent of this state or a
  political subdivision from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  hearing, adjudicating, or docketing an
  action brought under Section 3002.104 or 3002.105 for a violation
  of this chapter.
         (b)  Subsection (a) does not apply if:
               (1)  immunity has been abrogated or preempted by
  federal law in a manner consistent with the United States
  Constitution; or
               (2)  sovereign immunity of this state and governmental
  immunity of a political subdivision to suit and from liability have
  been waived in accordance with this chapter.
         Sec. 3002.107.  APPLICABILITY OF IMMUNITY.  Notwithstanding
  any other law, the immunities described by Section 3002.106 apply
  in every state and federal court and in every type of adjudicative
  proceeding.
         Sec. 3002.108.  WAIVER OF IMMUNITY.  (a)  Notwithstanding
  any other law, a provision of state law may not be construed to
  waive or abrogate an immunity described by Section 3002.106 unless
  the provision expressly waives or abrogates the immunity with
  specific reference to this section.
         (b)  Notwithstanding any other law, an attorney representing
  this state, a political subdivision, or an officer, employee, or
  agent of this state or a political subdivision may not waive an
  immunity described by Section 3002.106 or take an action that would
  result in a waiver of that immunity.  A purported waiver or action
  prohibited under this subsection is considered void and an ultra
  vires act.
         Sec. 3002.109.  JURISDICTION.  (a)  Notwithstanding any
  other law, including Chapter 37, Civil Practice and Remedies Code,
  and Sections 22.002, 22.221, 24.007, 24.008, 24.009, 24.010, and
  24.011 of this code, a court of this state does not have
  jurisdiction to consider and may not award declaratory or
  injunctive relief, or any type of writ, including a writ of
  prohibition, that would:
               (1)  pronounce any provision or application of this
  chapter invalid or unconstitutional; or
               (2)  restrain this state, a political subdivision, an
  officer, employee, or agent of this state or a political
  subdivision, or any other person from:
                     (A)  enforcing any provision or application of
  this chapter; or
                     (B)  hearing, adjudicating, docketing, or filing
  a civil action brought under this chapter.
         (b)  Notwithstanding any other law, including Chapter 26,
  Civil Practice and Remedies Code, and Rule 42, Texas Rules of Civil
  Procedure, a court may not certify a claimant class or a defendant
  class in a civil action that seeks relief described by this section.
         SECTION 3.  Chapter 30, Civil Practice and Remedies Code, is
  amended by adding Section 30.024 to read as follows:
         Sec. 30.024.  FEE SHIFTING.  (a)  Notwithstanding any other
  law, a person, including an entity, attorney, or law firm, who seeks
  declaratory or injunctive relief to prevent this state, a political
  subdivision of this state, a governmental entity, a public
  official, or any other person in this state from bringing an action
  to enforce a statute, ordinance, rule, regulation, or other law
  that regulates access to certain spaces based on an individual's
  sex in any state or federal court, or who represents a litigant
  seeking such relief in any state or federal court, is jointly and
  severally liable to pay the costs and reasonable attorney's fees of
  the prevailing party, including the costs and reasonable attorney's
  fees the prevailing party incurs in the party's efforts to recover
  costs and fees.
         (b)  For purposes of this section, a party is considered a
  prevailing party if a state or federal court:
               (1)  dismisses any claim or cause of action brought
  against the party that seeks the declaratory or injunctive relief
  described by Subsection (a), regardless of the reason for the
  dismissal; or
               (2)  enters judgment in the party's favor on any such
  claim or cause of action.
         (c)  A prevailing party may recover costs and reasonable
  attorney's fees under this section only to the extent those costs
  and attorney's fees were incurred while defending claims or causes
  of action on which the party prevailed.
         SECTION 4.  Chapter 3002, Government Code, as added by this
  Act, applies only to a cause of action that accrues on or after the
  effective date of this Act.
         SECTION 5.  If any provision of this Act or its application
  to any person or circumstance is held invalid, the invalidity does
  not affect other provisions or applications of this Act that can be
  given effect without the invalid provision or application, and to
  this end the provisions and applications of this Act are declared to
  be severable.
         SECTION 6.  This Act takes effect on the 91st day after the
  last day of the legislative session.
  ______________________________
  ______________________________
     President of the Senate
  Speaker of the House     
         I hereby certify that S.B. No. 8 passed the Senate
  on August 19, 2025, by the following vote:  Yeas 19, Nays 11; and
  that the Senate concurred in House amendment on September 3, 2025,
  by the following vote:  Yeas 18, Nays 8.
  ______________________________
  Secretary of the Senate    
         I hereby certify that S.B. No. 8 passed the House, with
  amendment, on August 28, 2025, by the following vote:  Yeas 86,
  Nays 45, one present not voting.
  ______________________________
  Chief Clerk of the House   
  Approved:
  ______________________________ 
              Date
  ______________________________ 
            Governor