By: Kolkhorst	S.B. No. 3
	(In the Senate - Filed July 19, 2017; July 20, 2017, read
	first time and referred to Committee on State Affairs;
	July 23, 2017, reported favorably by the following vote:  Yeas 8,
	Nays 1; July 23, 2017, sent to printer.)
Click here to see the committee vote

	A BILL TO BE ENTITLED
	AN ACT
	relating to the regulation of certain facilities and activities of
	political subdivisions, including public school districts, and
	open-enrollment charter schools.
	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, AND OTHER LOCAL GOVERNMENTS
	SECTION 2.  Chapter 250, Local Government Code, is amended
	by adding Section 250.009 to read as follows:
	Sec. 250.009.  REGULATION OF CERTAIN FACILITIES AND
	ACTIVITIES. (a)  Each multiple-occupancy restroom, shower, and
	changing facility of a political subdivision, including a public
	school district, or an open-enrollment charter school must be
	designated for and used only by persons of the same sex as stated on
	a person's birth certificate.
	(b)  Except in accordance with federal law as enacted by
	Congress and interpreted in controlling federal case law and state
	law as enacted by the legislature and interpreted in controlling
	case law of this state, a political subdivision, including a public
	school district, or an open-enrollment charter school may not adopt
	or enforce an order, ordinance, policy, or other measure to protect
	a class of persons from discrimination to the extent that the order,
	ordinance, policy, or other measure regulates:
	(1)  access to multiple-occupancy restrooms, showers,
	or changing facilities; or
	(2)  participation in athletic activities.
	(c)  This section may be enforced only through an action
	instituted by the attorney general for mandamus or injunctive
	relief. The attorney general may recover costs and attorney's fees
	related to enforcing this section.
	SECTION 3.  This Act takes effect immediately if it receives
	a vote of two-thirds of all the members elected to each house, as
	provided by Section 39, Article III, Texas Constitution. If this
	Act does not receive the vote necessary for immediate effect, this
	Act takes effect on the 91st day after the last day of the
	legislative session.
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