SB 240 Texas Senate · 89th Legislature (2025)

Relating to the designation and use of certain spaces and facilities according to biological sex; authorizing a civil penalty and a private civil right of action.

SB 240, the Texas Women’s Privacy Act, requires public schools, government buildings, and facilities like restrooms, locker rooms, and shelters to designate and restrict access based on biological sex as defined by birth certificate and physical characteristics. It prohibits facilities from allowing individuals to use spaces designated for a biological sex different from their own, with exceptions for young children (under 10), ADA accommodations, or emergency assistance. Violations carry civil penalties of $5,000 for first offenses and $25,000 for repeat violations, and citizens can file complaints with the attorney general after providing 3 days’ notice to the facility. The law directly affects state and local government entities managing public facilities, including schools, shelters, and correctional facilities.
Bill status passed 3 of 5 stages cleared
Introduction
Nov 2024
Committee Review
Apr 2025
Senate Passage
Apr 2025
House Passage
Governor
Introduced Nov 12, 2024 Last action Apr 28, 2025
Maddy AI version diff · 1 comparison

What changed between versions

Introduced Engrossed · 7 edits · Apr 24, 2025
MODERATE
The bill was substantially rewritten from its original version, replacing references to 'Texas Women's Privacy Act' with language focused on regulating spaces according to biological sex. The new text adds detailed definitions, enforcement mechanisms, and immunity provisions to ensure spaces are designated and used based on biological sex, with specific exceptions for children and emergency situations.
Scope change
The bill's scope expanded from a general privacy act to specifically regulate the designation and use of private spaces (restrooms, shelters, dormitories) according to biological sex, adding new enforcement procedures and immunity protections for state agencies.
DEFINITION

The definition of 'biological sex' was updated to specify it is determined by sex organs, chromosomes, endogenous profiles, and original birth certificates, with modifications only allowed for clerical errors.

REQUIREMENT

New requirements mandate that multiple-occupancy private spaces be designated and used only by individuals of the same biological sex, with specific rules for correctional facilities and family violence shelters.

New immunity provisions were added to protect the state and political subdivisions from lawsuits challenging the constitutionality of the bill or seeking to prevent enforcement of its provisions.

Fee-shifting provisions were added to make attorneys and entities that seek to challenge the bill's provisions jointly and severally liable for the prevailing party's costs and attorney's fees.

ENFORCEMENT

Enhanced enforcement procedures were added, including a new process where the attorney general must investigate complaints before taking action, and provisions for civil penalties of $5,000 for first violations and $25,000 for subsequent violations.

ELIGIBILITY

The age threshold for children entering spaces opposite to their biological sex was changed from 'younger than 10 years' to 'nine years of age or younger'.

TIMELINE

The bill's effective date was set to September 1, 2025.

Floor votes · Senate Apr 23, 2025

How they voted

2010
Passed
Total votes 30
Apr 23, 2025
D Democratic10
10 Nay
100% Nay
R Republican20
20 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
32
Key actions
7
Committee
7
Amendments
2
Apr 28, 2025
Committee
Referred to State Affairs
lower
Apr 28, 2025
Introduced
Read first time
lower
Apr 25, 2025
Introduced
Received from the Senate
lower
Apr 24, 2025
Upper · Passed
Passed
upper
Apr 23, 2025
Upper · Passed
Passed to engrossment
upper
Apr 23, 2025
Amended
Amendment fails of adoption
upper
Apr 23, 2025
Introduced
Amendment(s) offered
upper
Apr 14, 2025
Upper · Passed
Committee report printed and distributed
upper
Apr 14, 2025
Upper · Passed
Reported favorably as substituted
upper
Apr 10, 2025
Upper · Passed
Vote taken in committee
upper
Apr 3, 2025
Upper · Passed
Left pending in committee
upper
Apr 3, 2025
Upper · Passed
Testimony taken in committee
upper
Feb 3, 2025
Committee
Referred to State Affairs
upper
Feb 3, 2025
Introduced
Read first time
upper
1 primary · 6 co-sponsors

Sponsors