88R9763 CXP-D     By: Schaefer H.B. No. 2722       A BILL TO BE ENTITLED   AN ACT   relating to a public school policy regarding multi-occupancy   bathrooms or changing facilities.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter A, Chapter 38, Education Code, is   amended by adding Section 38.044 to read as follows:          Sec. 38.044.  POLICY REGARDING MULTI-OCCUPANCY BATHROOM OR   CHANGING FACILITY. (a) In this section, "multi-occupancy bathroom   or changing facility" means a facility designed or designated for   use by more than one person at a time, where a person may be in a   state of undress in the presence of another person, regardless of   whether the facility provides curtains or partial walls for   privacy. The term includes a restroom, locker room, changing room,   or shower room.          (b)  A school district shall ensure that any policy adopted   by the district regarding multi-occupancy bathrooms or changing   facilities protects:                (1)  the health, safety, and welfare of students;                (2)  the confidentiality of student educational   information as required under state and federal law, including the   Family Educational Rights and Privacy Act of 1974 (20 U.S.C.   Section 1232g); and                (3)  the privacy interests of all students and the   students' parents.          (c)  If a school district adopts a policy that allows for   separation of multi-occupancy bathrooms or changing facilities   according to a criterion other than a person's biological sex   assigned at birth, the policy must:                (1)  include:                      (A)  a description of:                            (i)  which multi-occupancy bathrooms or   changing facilities are not separated by biological sex assigned at   birth; and                            (ii)  if a multi-occupancy bathroom or   changing facility is not separated by biological sex assigned at   birth, the method by which students will be supervised in that   facility and the manner in which that method of supervision ensures   the safety and privacy of students; and                      (B)  accommodations or modifications for students   who wish to use a multi-occupancy bathroom or changing facility   separated by biological sex assigned at birth; and                (2)  be:                      (A)  posted on the district's Internet website;   and                      (B)  provided at the beginning of each school year   by mail to each parent of a student enrolled in the district.          (d)  The requirements under Subsection (c) do not apply to a   faculty bathroom that is not accessible to students.          SECTION 2.  This Act applies beginning with the 2023-2024   school year.          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 September 1, 2023.