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Controversial ‘Bathroom Bill’ Returns in Texas Special Session

HB 32 would require restroom use based on sex assigned at birth.

A controversial measure targeting transgender access to public restrooms, locker rooms and shelters has resurfaced in the Texas Legislature during the ongoing special session.

House Bill 32, filed by Rep. Valoree Swanson, R-Spring, and formally titled the Texas Women’s Privacy Act, would require individuals to use bathrooms and locker rooms in public schools and government buildings based on their biological sex at birth. The bill also includes provisions affecting correctional facilities and shelters.

Under HB 32, inmates would be housed according to sex assigned at birth, and domestic violence shelters for women would be limited to serving adult victims who were biologically female. Public institutions that fail to comply could face fines of $5,000 for a first offense and $25,000 for each subsequent violation, along with potential civil lawsuits.

“This is a solution without a problem, that they are working in a way that will further harm our transgender community, and they will do it simply for their own political gain,” former state Sen. and Democratic gubernatorial candidate Wendy Davis said Wednesday at a rally outside the Capitol opposing the legislation.

Several other Democratic lawmakers and LGBTQ+ advocates joined Davis in denouncing the bill. State Rep. Jessica González, D-Dallas, who chairs the Texas House LGBTQ Caucus, shared her personal experiences with discrimination in public spaces.

“I’ve been followed in public bathrooms myself,” González said. “I’ve been told that I was in the wrong dressing room because I didn’t look the way people thought a woman should look. It’s happened to me in this building. So, I know how quickly strangers can decide that your body doesn’t belong.”

Supporters argue the bill is necessary to protect the safety and privacy of women and girls. State Sen. Lois Kolkhorst, R-Brenham, referenced similar concerns during a debate earlier this year on Senate Bill 240, a comparable measure that passed the Senate but failed in the House.

“I don’t want to undress in front of a man,” Kolkhorst said during April 23 floor debate. “In a locker room, it’s not appropriate… nor should any little girl feel like that either.”

That bill’s defeat was reminiscent of a similar failure in 2017, but the House has since shifted further to the right, intensifying concerns among opponents.

A hearing for HB 32 has not yet been scheduled. Lt. Gov. Dan Patrick has announced the Senate version will be filed as Senate Bill 7. 

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