TexasSB 889th Legislature 2nd Called SessionSenate

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: Sponsor information unavailable

Signed by Governor

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, 4 costs, 2 mixed.

Challengers and lawyers face legal bills

People or entities seeking court orders to block sex-based access laws face the winning side’s costs and reasonable attorney’s fees. Their attorneys or law firms also share liability, meaning either can be required to pay the full amount owed. The rule covers challenges to state or federal statutes, ordinances, rules, and other laws regulating access to spaces by sex. A defending party qualifies when the claim against it is dismissed for any reason or it wins a judgment. Recovery covers only expenses for defending claims that party won; the law sets no dollar cap. This rule applies only to claims arising on or after the law’s effective date.

Female violence shelters limit service eligibility

Family violence shelters designed specifically for female victims may serve only females and their eligible children. The law defines female by reproductive anatomy and capacity. Children of either sex qualify only if they are age 17 or younger and their mother receives shelter services.

Government violations trigger large daily penalties

Texas agencies and local governments face $25,000 for a first violation and $125,000 for each later violation. Each day a violation continues counts separately. Before complaining to the attorney general, a resident must give written notice and allow three business days to fix the violation. The complaint must include that notice and a sworn statement describing the violation and confirming notice was given. The attorney general investigates and may request information. Before seeking penalties, the attorney general must identify the violation, affected spaces, and proposed penalty in writing. The entity has until the 15th day after receiving notice to fix the violation and avoid penalties. That protection does not apply if a court previously found the entity liable under these rules. The attorney general may sue in district court for penalties and orders requiring compliance, and recover enforcement costs and attorney’s fees. Collected penalties go to the Crime Victims’ Compensation Fund. Appeals from attorney general actions go only to the Fifteenth Court of Appeals.

Sex-based access rules for government facilities

Texas agencies and local governments must assign shared restrooms, locker rooms, showers, and similar private spaces to one sex. This covers buildings they own, operate, or control. The law defines sex as biological male or female, based on reproductive anatomy and capacity. Officials must apply designations reasonably and take reasonable steps to prevent opposite-sex entry. Single-person spaces are not subject to this restriction. Officials may offer family or single-person spaces, assistance policies, or change a space’s sex designation. Accommodations cannot otherwise allow opposite-sex use of a shared space. Exceptions cover cleaning, maintenance, inspections, medical or emergency help, accompanying or assisting users, law enforcement, and serious safety or order threats. Children age 9 or younger may enter an opposite-sex space with an adult. The law takes effect on the 91st day after the legislative session ends.

Texas inmates housed by biological sex

The Texas Department of Criminal Justice must house inmates according to their sex, including dormitory and cellblock assignments. The law uses biological male and female definitions based on reproductive anatomy and capacity. This provides sex-separated housing while limiting housing assignments that do not match an inmate’s sex under those definitions. The state corrections board must adopt rules that comply with state and federal law.

Affected people can sue government violators

People affected by an agency’s or local government’s violation can bring a civil lawsuit. They can seek a ruling stating their rights and an order requiring compliance. They can also seek court costs, including reasonable attorney and witness fees. Appeals go only to the Fifteenth Court of Appeals.

Challengers face limits on court relief

Texas, local governments, and their officials, workers, and agents retain legal immunity from specified challenges to these facility rules. The protections cover challenges to validity or application and efforts to stop enforcement or related court proceedings. They apply in state and federal courts and other proceedings, except where federal law removes them or the chapter allows a waiver. Another state-law waiver must expressly refer to these immunity protections and the relevant section. Government attorneys cannot waive these protections; attempted waivers are void. Texas courts cannot issue rulings or orders that invalidate the chapter or block its enforcement. Courts also cannot approve claimant or defendant class actions seeking that relief.

Sponsors & Cosponsors

Sponsors

There is no primary sponsor on record.

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 18 • No: 3

Senate vote • 9/3/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

House vote • 8/28/2025

Record vote

Yes: 0 • No: 0

Senate vote • 8/19/2025

Record vote

Yes: 0 • No: 0

Senate vote • 8/18/2025

Record vote

Yes: 0 • No: 0

Senate vote • 8/18/2025

Record vote

Yes: 0 • No: 0

Senate vote • 8/15/2025

Record vote

Yes: 0 • No: 0

House vote • Unknown

Committee vote: Intergovernmental Affairs

Yes: 9 • No: 3

Senate vote • Unknown

Committee vote: State Affairs

Yes: 9 • No: 0

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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