Updated at 3:28 p.m.
In November, Lt. Gov. Dan Patrick identified regulation of bathroom use based on the gender individuals were born as a legislative priority for the coming session. He named the Women’s Privacy Act the No. 6 on his list of 10 priorities alongside property tax reform, voter identification and a statehouse spending cap.
That list of priorities has now grown to 25 items, and today, along with Sen. Lois Kolkhorst, R-Brenham, Patrick unveiled the details behind the so-called “bathroom bill.”
Kolkhorst, the author of SB 6, said the bill encompasses three main sections. The first
prohibits any local government from making a policy that would dictate bathroom use by any private business.
"Texas businesses are left to make their own decisions on how they want to handle these intimate settings," she said.
The second portion of the bill
requires any bathroom, locker room or shower room in a government building, public school or university to be designated for use based on a person's biological sex. Kolkhorst said any group failing to adopt these policy changes would be subject to civil penalty by the Attorney General's office.
She said the penalty for someone using the incorrect bathroom would increase by one degree from the current penalty.
The third part of the bill
clarifies if a private business is leasing a public facility, the private business can set their own policies for bathroom use.
When asked how the state would enforce these rules, Kolkhorst clarified there would be no law enforcement dedicated to this issue.
"Are we going to have bathroom police?" she said. "No. [This] allows an individual who feels uncomfortable to report that. The attorney general has some measures available to penalize the school districts or cities."
Rebecca Robertson, legal and policy director for the ACLU of Texas, responded to the legislation with concern.
"It’s unnecessary, discriminatory and inconsistent with the constitutional value of equal protection for all," Robertson said in a statement. "And that’s to say nothing of the havoc it will wreak on the Texas economy should it pass. Make no mistake—the invidious intent of SB6 is to deny transgender Texans the ability to participate in public life."
Chuck Smith, the CEO of Equality Texas, a lobbying group focused on LGBT issues, said the law wouldn't be effective as anything other than discrimination.
"This unnecessary, unenforceable law would simply function as a tool to target and discriminate against transgender Texans and their families," he said.
Attorney General Ken Paxton is one of the voices congratulating Patrick on this new legislation.
"Texans should feel safe and secure when they enter any intimate facility, so I applaud the work of Lieutenant Governor Patrick and Senator Kolkhorst for fighting to protect women and children from those who might use access to such facilities for nefarious purposes," Paxton wrote in a statement issued today.
The legislation has drawn controversy throughout the state, including opposition from the Texas Association of Business. TAB commissioned a study to examine how this type of legislation would affect the state’s economy.
If this legislation is passed, the study suggests economic losses could range from $964 million to $8.5 billion, and as many as 185,000 could lose their jobs. The study cites examples of similar legislation elsewhere, including the widely discussed House Bill 2 passed in North Carolina.
The North Carolina legislation passed in March and was almost immediately followed by the removal of the NBA All-Star Game and the NCAA changing locations for March Madness games.
The law prohibits transgender individuals from using public restrooms that align with their gender identity.
In December, an effort to revoke the law failed. The bathroom legislation is still in place today. Patrick congratulated the legislators who fought off the repeal efforts.
“Legislation to protect women’s privacy and business is essential to assure that sexual predators, like those who exploit the internet, will not be able to freely enter women’s restrooms, locker rooms or showers and that businesses are not forced by local ordinances to allow men in women’s restrooms and locker rooms,” he said in a statement.
While several lawmakers have already echoed Patrick’s prioritization of this issue, some remain unconvinced of its necessity.
In November, Texas House Speaker Joe Straus said passing this kind of legislation is not urgent.
The text of the bill can be viewed
here.