Summary of the Texas Women's Privacy Act (H.B. No. 239)

This bill is called the Texas Women's Privacy Act. It is a law aimed at regulating who can enter or use certain private spaces owned or controlled by Texas state or local government entities. The law focuses on keeping these spaces designated by a person’s biological sex and includes penalties for violations.

What Are Private Spaces?

“Private spaces” means places used by more than one person where people may be undressed in front of others. This includes:

• Restrooms
• Locker rooms
• Changing rooms
• Shower rooms
• Family violence shelters
• Correctional facilities (like jails)
• Sleeping quarters

There are also “single-occupancy private spaces,” which are designed for just one person at a time (like a single-toilet restroom with a locking door).

Main Rules of the Act

• Government-run or controlled private spaces must be designated and used only by people of the same biological sex. Biological sex here means the sex assigned at birth based on physical traits and birth certificates.
• This rule generally does not apply to certain exceptions such as:
• People entering for custodial, maintenance, medical, or emergency reasons.
• Children under 10 years old accompanied by a caregiver of the opposite biological sex.
• Single-occupancy spaces can be provided as accommodations.
• Government entities can create single-occupancy private spaces or family restrooms that anyone can use.
• If a private space is designated for one biological sex, the government can change it to the other sex if needed.

Penalties for Violations

If a government entity (like a city, county, or state agency) does not follow this law:

• They can be fined $5,000 for the first violation.
• Fines increase to $25,000 for each repeated violation.
• Each day the violation continues counts as a new violation with additional fines.

How Violations Are Handled

• A Texas citizen can file a written complaint with the Attorney General if they believe a violation has occurred, but only after giving the government entity 3 business days to fix the problem.
• The Attorney General will investigate and can issue a penalty if the violation is not fixed within 15 days of notice.
• The Attorney General can sue the violating entity to collect fines and get court orders to make them comply.
• The money collected from fines goes to a fund that helps victims of crime.
• Anyone affected can also file lawsuits for help or to stop violations.

Legal Protections & Immunity

The bill grants the state and its officials strong legal immunity from lawsuits that challenge this law or its enforcement. This means courts generally cannot block or stop the law from being enforced, and state officials cannot waive this immunity. However, people can still argue against the law’s application as a defense if sued.

Attorney’s Fees for Challenging the Law

If someone tries to use the courts to stop the state or local government from enforcing this law, they (along with their lawyers) may have to pay the legal fees and costs of the state or government if the government wins.

Effective Date

This law goes into effect immediately if at least two-thirds of the Texas Legislature votes for it. Otherwise, it takes effect on September 1, 2025.