TexasSB 889th Legislature 2nd Called SessionSenateWALLET

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.

Sponsored By: Paul Bettencourt (Republican), Brian Birdwell (Republican), Greg Bonnen, Donna Campbell (Republican), Creighton, Lulu Flores, Brent Hagenbuch (Republican), Bob Hall (Republican), Cody Harris, Adam Hinojosa (Republican), Joan Huffman (Republican), Bryan Hughes (Republican), Ken King, Lois Kolkhorst (Republican), Jeff Leach, Will Metcalf, Mayes Middleton (Republican), Angelia Orr, Angela Paxton (Republican), Kevin Sparks (Republican)

Became Law

Civil Remedies & LiabilitiesCorrections--Jails & PrisonsCourts--GeneralEducation--Higher--GeneralFamily--Family ViolencePolitical SubdivisionsState Agencies, Boards & CommissionsWomenTEXAS WOMEN'S PRIVACY ACTATTORNEY'S FEESBIRTH & DEATH CERTIFICATESGENDER IDENTITY & EXPRESSIONWOMEN'S SHELTERSATTORNEY GENERALCRIMINAL JUSTICE, TEXAS BOARD OFCRIMINAL JUSTICE, TEXAS DEPARTMENT OF

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Bill Overview

Analyzed Economic Effects

7 provisions identified: 1 benefits, 3 costs, 3 mixed.

Prisons house inmates by sex

The Texas Department of Criminal Justice must house inmates by their sex in cells and dorms. The Board of Criminal Justice must write rules to carry this out and follow state and federal law.

Female shelters limit services by sex

A family violence shelter set up to serve female victims may only serve people whose sex is female. It may also serve a child age 17 or younger who is the child of a female getting services. This limits access for others.

Right to sue over violations

If you are affected by a state or local violation of this law, you can sue. You can ask a court for a declaration or an injunction. You can also recover court costs and reasonable attorney and witness fees. Appeals from these cases go to the Fifteenth Court of Appeals.

Loser pays fees in sex-access suits

If you sue to stop enforcement of a sex‑based access rule and lose, you and your lawyer must pay the other side’s reasonable attorney fees and costs for the claims they won. A defendant counts as the prevailing party if the court dismisses the claim or enters judgment for that party. This rule applies in state or federal court. It raises the cost risk for people who bring these cases.

Large fines and attorney general enforcement

A state or local agency that breaks this law owes $25,000 for the first violation and $125,000 for later ones. Each day the violation continues counts as a new violation. Before a complaint reaches the attorney general, a resident must send written notice and allow three business days to fix the issue, and include that notice and a sworn statement with the complaint. The attorney general must investigate and give written notice with the violation, location, proposed penalty, and a 15‑day cure window to avoid the penalty, unless a court already found liability. If not fixed by day 15, the attorney general can sue, seek court orders, and recover attorney fees and costs; penalty money goes to the Compensation to Victims of Crime Fund, and appeals go to the Fifteenth Court of Appeals.

Stronger immunity, fewer court challenges

The State and local governments keep immunity for suits that attack this law or try to block enforcement, and officers keep official immunity. These immunities apply in every state and federal court. Other state laws do not waive these immunities unless they clearly name this section, and government lawyers cannot waive them. State courts cannot issue orders that declare this law invalid or stop enforcement, and they cannot certify classes in those cases.

Sex-specific bathrooms in public buildings

State and local agencies must label each multi‑occupancy restroom, locker room, and similar space for one sex. They must take reasonable steps to stop entry by the opposite sex. Agencies may add single‑occupancy or family restrooms and set help rules for people with disabilities, young children, or elderly people. Agencies may not let someone use a multi‑occupancy space reserved for the opposite sex. Exceptions allow entry for cleaning, maintenance, medical or emergency help, law enforcement, to prevent a serious threat, and for a child age 9 or younger with a caregiver.

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Sponsors & Cosponsors

Sponsors

  • Paul Bettencourt

    Republican • Senate

  • Brian Birdwell

    Republican • Senate

  • Greg Bonnen

    House

  • Donna Campbell

    Republican • Senate

  • Creighton

    Affiliation unavailable

  • Lulu Flores

    House

  • Brent Hagenbuch

    Republican • Senate

  • Bob Hall

    Republican • Senate

  • Cody Harris

    House

  • Adam Hinojosa

    Republican • Senate

  • Joan Huffman

    Republican • Senate

  • Bryan Hughes

    Republican • Senate

  • Ken King

    House

  • Lois Kolkhorst

    Republican • Senate

  • Jeff Leach

    House

  • Will Metcalf

    House

  • Mayes Middleton

    Republican • Senate

  • Angelia Orr

    House

  • Angela Paxton

    Republican • Senate

  • Kevin Sparks

    Republican • Senate

Cosponsors

  • Daniel Alders

    House

  • Trent Ashby

    House

  • Jeff Barry

    House

  • Keith Bell

    House

  • Keith Bell

    House

  • Brad Buckley

    House

  • Benjamin Bumgarner

    House

  • Angie Chen Button

    House

  • Briscoe Cain

    House

  • Giovanni Capriglione

    House

  • David Cook

    House

  • Tom Craddick

    House

  • Charles Cunningham

    House

  • Pat Curry

    House

  • Mano DeAyala

    House

  • Mark Dorazio

    House

  • Paul Dyson

    House

  • Stan Gerdes

    House

  • Ryan Guillen

    House

  • Sam Harless

    House

  • Caroline Harris Davila

    House

  • Richard Hayes

    House

  • Cole Hefner

    House

  • Hillary Hickland

    House

  • Janis Holt

    House

  • Andy Hopper

    House

  • Lacey Hull

    House

  • Todd Hunter

    House

  • Carrie Isaac

    House

  • Helen Kerwin

    House

  • Stan Kitzman

    House

  • Marc LaHood

    House

  • Brooks Landgraf

    House

  • Terri Leo Wilson

    House

  • Mitch Little

    House

  • Janie Lopez

    House

  • David Lowe

    House

  • Shelley Luther

    House

  • Don McLaughlin

    House

  • John McQueeney

    House

  • Morgan Meyer

    House

  • Matt Morgan

    House

  • Tan Parker

    Republican • Senate

  • Jared Patterson

    House

  • Dennis Paul

    House

  • Dade Phelan

    House

  • Katrina Pierson

    House

  • Keresa Richardson

    House

  • Alan Schoolcraft

    House

  • Matt Shaheen

    House

  • Joanne Shofner

    House

  • Shelby Slawson

    House

  • David Spiller

    House

  • Carl H. Tepper

    House

  • Tony Tinderholt

    House

  • Ellen Troxclair

    House

  • Denise Villalobos

    House

  • Wes Virdell

    House

  • Trey Wharton

    House

  • Terry M. Wilson

    House

Roll Call Votes

All Roll Calls

Yes: 1,264 • No: 732

Senate vote 9/3/2025

Record vote

Yes: 0 • No: 30

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

House vote 8/28/2025

Record vote

Yes: 86 • No: 45

Senate vote 8/19/2025

Record vote

Yes: 0 • No: 42

Senate vote 8/18/2025

Record vote

Yes: 30 • No: 0

Senate vote 8/18/2025

Record vote

Yes: 30 • No: 0

Senate vote 8/15/2025

Record vote

Yes: 0 • No: 30

Actions Timeline

  1. Effective on . . . . . . . . . . . . . . . (December 4, 2025)

    9/22/2025House
  2. Signed by the Governor

    9/22/2025House
  3. Sent to the Governor

    9/4/2025House
  4. Signed in the House

    9/3/2025House
  5. Signed in the Senate

    9/3/2025Senate
  6. Reported enrolled

    9/3/2025Senate
  7. Senate concurs in House amendment(s)-reported

    9/3/2025House
  8. Record vote

    9/3/2025Senate
  9. Senate concurs in House amendment(s)

    9/3/2025Senate
  10. Read

    9/3/2025Senate
  11. House amendment(s) laid before the Senate

    9/3/2025Senate
  12. House passage as amended reported

    9/2/2025Senate
  13. Reason for vote recorded in Journal

    8/28/2025House
  14. Statement(s) of vote recorded in Journal

    8/28/2025House
  15. Record vote (RV#134)

    8/28/2025House
  16. Passed

    8/28/2025House
  17. Read 3rd time

    8/28/2025House
  18. Statement(s) of vote recorded in Journal

    8/28/2025House
  19. Record vote (RV#124)

    8/28/2025House
  20. Passed to 3rd reading as amended

    8/28/2025House
  21. Record vote (RV#123)

    8/28/2025House
  22. Amended (14-Toth, Cain, Harrison, Tinderholt, and Olcott)

    8/28/2025House
  23. Point of order withdrawn (Rule 8, Section 1(a)(1))

    8/28/2025House
  24. Point of order withdrawn (Rule 8, Section 3; Article III, Section 35(a))

    8/28/2025House
  25. Record vote (RV#122)

    8/28/2025House

Bill Text

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