Texas House Passes Transgender Bathroom Ban, Returns to Senate

Amendment raises civil penalties to $25,000 for first offense.

Staff Reporters August 29, 2025

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The Texas House passed SB8 today, marking the first time a transgender bathroom ban has advanced this far in the state’s legislative process since initial attempts began in 2017. The bill now returns to the Senate due to House amendments that significantly increased civil penalties to $25,000 for first offenses and $125,000 for second offenses. The Senate must either concur with the changes or establish a conference committee before the bill can proceed to the Governor’s desk.

This marks at least the seventh attempt to pass such legislation since 2017, despite opposition testimony noting the absence of documented safety incidents. According to Texas Tribune reporting, one representative in opposition of the bill said it was “like filing a ban on Bigfoot,” stating there have been no incidents in bathrooms since the last attempt at a bathroom bill eight years ago.

The legislation’s journey through the special session saw the Senate suspend rules to expedite passage after some House Democrats broke quorum over redistricting disputes. The Governor called a second special session, during which the Senate pushed through SB8 at what advocates described as “breakneck speed.” Despite a House State Affairs committee hearing last Friday where opposition testimony far outnumbered support, the bill advanced amid reported threats of violence against transgender individuals.

“We judge a society by how it treats those at the margins, and we judge people with power by the choices they make with that power,” said Brad Pritchett, Interim CEO of Equality Texas. “Today, with the passage of the bathroom bill, Texas lawmakers have failed their constituents on both counts. This bill continues a crusade designed to exclude transgender Texans from participation in public life—but ultimately it will fail.”

The ACLU of Texas warned the law would encourage “gender policing” by bad actors seeking to harass transgender people or anyone not conforming to stereotypical gender roles. “This law puts anyone at risk who doesn’t seem masculine or feminine enough to a random stranger, including the cisgender girls and women this bill purports to protect,” stated Ash Hall, policy and advocacy strategist for LGBTQIA+ rights at the ACLU of Texas. “Some people might forgo using public restrooms entirely out of fear for their safety, even if it endangers their health.”

Lambda Legal South Central Regional Director Shelly Skeen condemned the legislation as “cruel and unconstitutional,” calling it “reprehensible that anti-transgender state legislators in Texas—indeed nationwide—keep singling out transgender people to exclude them from participating fully in society simply because of who they are.” Skeen noted the bill “bans transgender students across Texas from using the same restrooms as their peers, turning them into outsiders in their own communities.”

HRC President Kelley Robinson characterized the bill as “dangerous government overreach” that would be “impossible to enforce without exposing people to humiliating inspections and questioning.” Robinson added, “For the bullies in Austin, everything they are doing in this special session is about exerting control simply because they can: control over who represents the people of Texas in Congress, control over the legislators’ ability to leave the legislative chamber, and control over who can safely use the restroom. All Texans deserve better.”

Business Community Response

When similar legislation was proposed in 2017, Houston’s business community mounted significant opposition. More than 50 Houston business leaders, including executives from BP America, Halliburton, Shell Oil Co., and ExxonMobil Global Services, signed a letter stating the legislation would “seriously hurt the state’s ability to attract new businesses, investment and jobs” and that they “support diversity and inclusion.” That year, the business opposition helped defeat the bill after what the press release describes as “overwhelming opposition from the business community and Texans of all walks of life.”

As of press time, major Houston business organizations including the Greater Houston Partnership and Texas Association of Business, who were vocal opponents in 2017, have not yet released public statements regarding the current legislation’s passage in the House. Business community reaction to SB8 continues to develop.

Looking Ahead

Lambda Legal noted that “there are so many real issues confronting Texas and Texans” rather than focusing on restrooms. Ash Hall of the ACLU of Texas summarized the broader implications: “This bill is bad for trans and intersex people, bad for cisgender people, bad for business, bad for public health and safety, and bad for Texas.”

Despite the setback, advocacy organizations vowed to continue fighting. “Transgender Texans have always been here and always will be. We’re going to keep fighting until every Texan is free and safe,” Pritchett affirmed. HRC’s Robinson echoed this determination: “That’s why we won’t back down. We will organize, mobilize, and fight until every Texan can live freely, authentically, and without fear.”