Explanation of H.B. No. 239 in Layman's Terms:
This bill, also known as the Texas Women's Privacy Act, aims to regulate and set policies for the use of certain private spaces. It defines terms such as "biological sex," which refers to the physical attributes that determine whether a person is male or female. The bill requires that private spaces in facilities owned or controlled by the government be designated based on a person's biological sex.
Exceptions are made for special circumstances such as disabilities, young children, and emergencies. Violations of this regulation may result in civil penalties imposed on the political subdivision or state agency. Citizens can file complaints with the attorney general if they believe there has been a violation of the act.
The bill also addresses immunity from legal action and outlines the procedures for enforcing the regulations. It establishes civil penalties for violations and specifies that sovereign immunity is waived in cases where liability is created by this chapter.
Additionally, the bill introduces provisions for awarding attorney's fees in actions challenging privacy laws. If a person brings a legal action to prevent the enforcement of laws regulating access to private spaces based on biological sex and is unsuccessful, they may be required to pay the costs and attorney's fees of the prevailing party.
If any part of the act is found to be invalid, the remaining portions will still be valid. The act will take effect immediately if it receives a two-thirds majority vote in each house of the legislature; otherwise, it will take effect on September 1, 2025.
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