HB 2704

relating to general definitions regarding biological sex and the
designation and use of certain spaces according to biological sex;
authorizing a civil right of action.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1.  This Act may be cited as the Definition and
SECTION 2.  The purposes of this Act are to:
(1)  clarify and reconcile the meanings in state
statutory law of sex, male, female, and related terms; and
(2)  provide protections for women and girls against
sexual assault, harassment, violence, and acts of abuse committed
by men in restrooms, changing rooms, and sleeping quarters
SECTION 3.  The legislature finds that:
(1)  in United States v. Virginia, 518 U.S. 515 (1996),
citing Ballard v. United States, 329 U.S. 187, 193 (1946), the court
(A)  "[p]hysical differences between men and
women, however, are enduring: '[T]he two sexes are not fungible; a
community made up exclusively of one [sex] is different from a
community composed of both'"; and
(B)  "'[i]nherent differences' between men and
women . . . remain cause for celebration, but not for denigration
of the members of either sex or for artificial constraints on an
(2)  the Equal Protection Clause of the Fourteenth
Amendment to the United States Constitution allows the legislature
to enact facially neutral laws of general applicability;
(3)  biologically based definitions of sex have been
consistently applied since our nation's founding;
(4)  decades of United States Supreme Court opinions
have upheld the argument that biological distinctions between male
and female are a matter of scientific fact, and biological sex is an
objectively defined category that has obvious, immutable, and
distinguishable characteristics; and
(5)  policies and laws that distinguish between the
sexes are subject to intermediate constitutional scrutiny, which
forbids unfair discrimination against similarly situated males and
females but allows the law to distinguish between the sexes where
such distinctions are substantially related to an important
SECTION 4.  Section 311.005, Government Code, is amended by
adding Subdivisions (14), (15), (16), (17), (18), (19), and (20) to
(14)  "Boy" means a child of the male sex.
(15)  "Father" means a parent of the male sex.
(16)  "Female" and "woman" mean an individual who has,
or would have but for a developmental or genetic anomaly or
accident, a reproductive system designed to produce, transport, and
provide eggs for fertilization.
(17)  "Girl" means a child of the female sex.
(18)  "Male" and "man" mean an individual who has, or
would have but for a developmental or genetic anomaly or accident, a
reproductive system designed to produce, transport, and provide
(19)  "Mother" means a parent of the female sex.
(20)  "Sex" means an individual's biological sex,
either male or female, as observed or clinically verified at birth.
SECTION 5.  Subtitle Z, Title 10, Government Code, is
amended by adding Chapter 3001 to read as follows:
CHAPTER 3001.  GOVERNMENT ACTION REGARDING CERTAIN PRIVATE SPACES
Sec. 3001.001.  DEFINITIONS.  In this chapter:
(1)  "Changing room" means a room or area in which an
individual may be in a state of undress in the presence of another
individual.  The term includes a locker room or shower room.
(2)  "Correctional facility" means a facility
designated by law for the confinement of an individual arrested
for, charged with, or convicted of a criminal offense.  The term
(A)  a confinement facility operated by the Texas
Department of Criminal Justice; and
(B)  a confinement facility operated under
contract with any division of the Texas Department of Criminal
(3)  "Covered facility" means a correctional facility,
family violence center, homeless shelter, juvenile detention
(4)  "Family violence center" 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.
(5)  "Homeless shelter" means a supervised publicly
operated shelter or other facility that is designed to provide
temporary living accommodations to homeless individuals.
(6)  "Juvenile detention center" means a nonsecure
correctional facility, secure correctional facility, or secure
detention facility, as those terms are defined by Section 51.02,
(7)  "Multi-occupancy private space" means a changing
room, a restroom, or sleeping quarters designed or designated for
the simultaneous use of more than one individual.
(8)  "Political subdivision" means a governmental
entity of this state, including a county, municipality, special
purpose district or authority, and junior college district.
(9)  "Public school" has the meaning assigned Section
(10)  "Restroom" means a room designed for use of a
toilet or urinal by one or more individuals.
(11)  "Single-occupancy private space" means a
changing room, a restroom, or sleeping quarters designed or
designated for use by only one individual.
(12)  "Sleeping quarters" means a room that contains a
bed and is designed as a space for more than one individual to
(13)  "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.
Sec. 3001.002.  REQUIRED DESIGNATION OF MULTI-OCCUPANCY
PRIVATE SPACES.  (a)  The owner or operator of a covered facility
shall designate each multi-occupancy private space in the facility
for the exclusive use of either females or males.
(b)  A multi-occupancy private space designated under
Subsection (a) for the exclusive use of either females or males may
only be used by an individual of the designated sex.
(c)  The owner or operator of a covered facility shall take
reasonable steps to ensure an individual using a multi-occupancy
private space designated under Subsection (a) for the exclusive use
of either females or males is not observed or disturbed by an
individual of the opposite sex.
Sec. 3001.003.  REQUIREMENTS APPLICABLE TO CERTAIN SPACES IN
PUBLIC SCHOOLS.  (a)  A public school may not require a student to
share sleeping quarters with an individual who is of the sex
opposite to the student's sex during any school-related event
(1)  the individual is a member of the student's family,
including a parent, guardian, sibling, or grandparent; and
(2)  the school obtained approval from the student's
parent or guardian for the student to share the sleeping quarters
(b)  A public school shall ensure that:
(1)  a private, separate changing room or space is
designated for use by individuals of the same sex in each room or
space in which an individual may be in a state of undress in the
presence of another individual; and
(2)  only individuals of the designated sex enter the
room or space described by Subdivision (1).
Sec. 3001.004.  CONSTRUCTION OF CHAPTER.  Sections 3001.002
and 3001.003 do not prohibit the owner or operator of a covered
(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 restroom, a
changing room, or sleeping quarters;
(2)  establishing a single-occupancy private space or a
family restroom, changing room, or sleeping quarters; or
(3)  changing the designation under Section 3001.002 of
a multi-occupancy private space previously designated for the
exclusive use of individuals of the opposite sex.
Sec. 3001.005.  EXCEPTIONS.  A designation or requirement
under Section 3001.002 or 3001.003 does not apply to an individual
who enters a multi-occupancy private space or space described by
(1)  for custodial or maintenance purposes;
(2)  to render medical assistance;
(3)  for law enforcement purposes; or
(4)  to provide services or render assistance during a
natural disaster or declared emergency or as necessary to prevent a
serious threat to proper order or safety.
Sec. 3001.006.  PROHIBITED REGULATIONS.  A state agency or
political subdivision may not adopt or enforce a rule, policy,
resolution, ordinance, or other measure that:
(1)  prohibits any person, including the owner or
operator of a covered facility, from designating a private space
for the exclusive use of males or females in a location in which
biology, safety, or privacy are implicated, including a location
designated for use by athletes; or
(2)  uses language to circumvent the requirements of
this chapter or otherwise achieve the same or a substantially
similar effect as prohibiting conduct required under this chapter.
Sec. 3001.007.  PRIVATE CAUSE OF ACTION.  A person affected
by a covered facility's alleged violation of this chapter may bring
a civil action to obtain appropriate:
(5)  court costs, including reasonable attorney's and
Sec. 3001.008.  CONTRACTOR CAUSE OF ACTION.  Any person who
contracts with this state or a political subdivision of this state
to provide services for a covered facility may bring an action for
appropriate relief under Section 3001.007 against the applicable
state agency or political subdivision for directing the person to
perform an act in violation of this chapter.
Sec. 3001.009.  RETALIATION PROHIBITED.  (a)  A covered
facility may not take retaliatory or other adverse action against a
person for acting to enforce this chapter.
(b)  A person who is the subject of an adverse action
prohibited by Subsection (a) may bring an action against the
covered facility for appropriate relief under Section 3001.007.
Sec. 3001.010.  REBUTTABLE PRESUMPTION FOR ALLEGED
VIOLATION.  In an action brought against a covered facility by a
person for a violation of this chapter in requiring the person to
share sleeping quarters with an individual who is of the sex
opposite to the person and except as allowed under Section
3001.003, it is a rebuttable presumption that the covered
facility's requirement of the person to share the sleeping quarters
is discriminatory and caused actual harm to the person.
Sec. 3001.011.  SOVEREIGN AND GOVERNMENTAL IMMUNITY WAIVED.
Sovereign and governmental immunity to suit is waived and abolished
to the extent of liability created by this chapter.
SECTION 6.  This Act takes effect September 1, 2025.