With a special session set for July 18th, the so-called “Bathroom Bill” has once again taken center stage as Texas lawmakers get ready to address transgender restroom rights. Several bills were put forth to address the issue, but after they all stalled during regular session, House Speaker Joe Straus appeared reluctant to take any further actions to revive the proposals. However, Governor Abbott reconvened the Legislature and named the Bathroom Bill as one of the top legislative goals once lawmakers reconvene at the Capitol. Moreover, Governor Abbott has indicated he prefers the language of a particular bill from session known was House Bill 2899.

Unlike other proposals put forth during session, the language of House Bill 2899 does not target transgender people specifically, but instead prohibits local regulation of discrimination by entities such as cities, counties, and school boards. The new proposal would also nullify existing policies that allow transgender people to use bathrooms in accordance with their gender identity, and bar cities from expanding the classes of persons already protected under state law. Due to the broad language of House Bill 2899, it is possible the bill will have far-reaching implications beyond bathroom regulation in public facilities.

Other possibilities for a Bathroom Bill include something closer to Senate Bill 6, which addressed transgender bathroom use directly, and would require schools to limit the use of multi-occupancy bathrooms for use only on the basis of biological sex. However, the bill would also allow schools to provide accommodations for students who do not identify with their biological sex by allowing these students to use a single-occupancy bathroom or changing facility upon request. The language of this bill tracks much closer to North Carolina’s controversial Public Facilities Privacy and Security Act, and Senate Bill 6 drew criticism from a variety of special interest groups during session. It is expected any bill resembling Senate Bill 6 will be met with opposition by Speaker Straus if such a bill were to reach the Texas House.

If a Bathroom Bill passes, school districts and municipalities will likely lose autonomy in determining how to handle transgender bathroom issues, and instead will be required to defer to state law. However, it is likely the language of the bill will change as the July session wears on. Keep an eye on next month’s Client Alert for more information on the Bathroom Bill as the special session gets started!

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