Relating to the designation and use of certain spaces and facilities according to sex; authorizing a civil penalty and a private civil right of action.
HB 214, titled the Texas Women's Privacy Act, would require state agencies and political subdivisions to designate certain multi-occupancy private spaces by sex and to take reasonable steps to prevent entry by individuals of the opposite sex. The bill covers spaces such as restrooms, locker rooms, changing rooms, and shower rooms in buildings owned, operated, or controlled by government entities. It also addresses related settings by requiring the Texas Department of Criminal Justice to house inmates according to sex and limiting certain female-designated family violence shelters to female victims and their minor children.
The bill defines key terms such as male, female, sex, single-occupancy private space, and multiple-occupancy private space, and it creates exceptions for custodial, maintenance, medical, emergency, law enforcement, and safety-related access, as well as for young children accompanied by a caregiver. It also allows accommodations for disabilities, young children, and elderly individuals, but prohibits accommodations that would allow a person to use a space designated for the opposite sex. The bill further adds enforcement mechanisms, including civil penalties, attorney general enforcement, and a private civil cause of action for affected persons.
HB 214 would amend the Government Code by creating new Chapter 3002 and would also add a fee-shifting provision to the Civil Practice and Remedies Code. It would impose duties on state agencies and local governments regarding the designation and policing of sex-specific facilities, authorize civil penalties of $5,000 for a first violation and $25,000 for later violations, and allow the attorney general and private parties to sue for enforcement. The bill also attempts to limit judicial review and immunity waivers, and it assigns exclusive appellate jurisdiction over related cases to the Fifteenth Court of Appeals. In addition, it would affect correctional facilities, family violence shelters serving female victims, and public entities that operate restrooms, locker rooms, and similar spaces.
The bill appears to reflect strong support among its sponsors for a sex-based privacy and facility-access framework, but the provided record does not include committee votes or detailed debate showing broad consensus or opposition. The structure of the bill, including enforcement provisions and immunity restrictions, suggests it is designed to be aggressively enforceable and to withstand legal challenge. The limited transcript snippets provided are not directly about HB 214, so they do not supply meaningful evidence of committee sentiment on this specific measure.
The most likely points of contention are the bill’s definitions of sex based on biological reproductive function, its restrictions on access to restrooms and similar spaces by transgender individuals, and its application to public entities, correctional facilities, and family violence shelters. Another major issue is enforcement: the bill authorizes substantial civil penalties, a private right of action, attorney general enforcement, and fee shifting against those who seek to block enforcement of sex-based access laws. The bill also tries to restrict court jurisdiction and immunity defenses, which could draw criticism from opponents concerned about constitutional challenges, privacy, equal protection, and access to facilities for transgender people, people with disabilities, and other affected groups.