Texas House Introduces Restrictive Bathroom Bill for Transgender Individuals
Lawmakers in Texas are moving forward with legislation aimed at regulating bathroom access for transgender people, with House Bill 239 receiving significant co-sponsorship among the legislature.
Overview of House Bill 239
House Bill 239 mandates that various public facilities, including family violence shelters and state buildings such as prisons, adhere strictly to state definitions of biological sex. This proposed legislation not only segregates bathroom usage but also institutes fines for those who violate its provisions.
While the bill permits the use of single-person and family restrooms, it contains specific exemptions for children under the age of 10 and individuals requiring assistance, like the elderly.
Comparative Analysis with Previous Legislation
This recent filing resembles Senate Bill 6 from 2017, which faced significant opposition leading to its eventual demise. However, HB 239 expands upon earlier proposals by offering a clearer definition of biological sex, requiring adherence to a person’s original birth certificate and disregarding any subsequent amendments made for transgender individuals.
Moreover, HB 239 introduces harsher penalties for non-compliance, increasing the first offense fine to $5,000, significantly up from the $1,500 penalty proposed under SB 6. A second offense could result in a fine of $25,000.
Implications of HB 239
One of the bill’s notable features is the attempt to prevent state courts from labeling the law unconstitutional, additionally granting sovereign immunity to the state and its employees enforcing these measures. This contrasts with SB 6, which did not include such robust protections against legal challenges.
Current Climate and Legislative Context
As Texas lawmakers, including Lt. Gov. Dan Patrick, become increasingly vocal about transgender individuals in bathrooms, public opinion on these issues has evolved since previous attempts at similar legislation.
For example, in October, the Odessa City Council enacted an ordinance restricting public restroom access based on gender, and U.S. Congress followed suit with a ban applicable to the nation’s Capitol in November.
Filed by Rep. Valoree Swanson in November, HB 239 has garnered 77 co-authors, predominantly Republicans, suggesting strong partisan support. However, historical patterns demonstrate that legislative backing does not guarantee passage, as seen with past bills that failed to advance despite similar co-sponsorship.
