Texas 'bathroom bill' with new restrictions on transgender people nears governor's desk

The Texas House on Thursday passed Senate Bill 8, the so-called "bathroom bill" that would restrict access to public restrooms for transgender people. The measure now just needs a final nod from the Senate before it heads to Gov. Greg Abbott's desk.

The bill would require people in public schools, universities, government buildings, prisons and jails to use restrooms and locker rooms that match the sex listed on their birth certificate, not their gender identity. It allows single-occupancy, gender-neutral facilities as an alternative and includes exceptions for custodial staff, law enforcement, medical workers and for children under 10 accompanied by an adult.

Facilities that fail to comply could be fined $25,000 for a first offense and up to $125,000 for repeat violations. The attorney general's office could also investigate complaints filed by private citizens.

On Thursday, Rep. Angelia Orr (R-Itasca) said SB 8 "ensures people can use restrooms, changing facilities and other shared spaces in confidence that they will not encounter a person of the opposite sex."

"When it comes to the dignity, privacy and safety of Texas women and girls — there is no compromise," Orr said. "This is completely non-negotiable."

But LGBTQ+ advocates and civil rights groups have called SB 8 discriminatory and harmful. Demonstrators gathered outside the chamber on Thursday in protest. That energy was matched by several House Democrats who spoke against the measure, including Rep. Jessica González of Dallas, who argued SB 8 provides no safeguards against misuse.

"You're giving a private cause of action to folks," González said. "Basically, a vigilante potty police."

Democrats put forth a total of 13 amendments Thursday attempting to revise the bill's language, including a ban on requiring IDs to use public restrooms, but all were rejected. One more amendment was proposed, this time by Republican Rep. Steve Toth of Conroe, to drastically increase penalty fines. This amendment was adopted.

Ultimately, after hours of debate, SB 8 passed Thursday with a vote of 86 to 45. The amended bill now returns to the Senate for approval before going to Gov. Abbott, who praised the bill's passage on social media Thursday night.

The measure cleared the Senate last week and quickly gained traction in the House, advancing out of committee after a tense public hearing marked by emotional testimony and outbursts. LGBTQ+ advocates, parents and students lined up to argue the bill would endanger transgender Texans and invite harassment, while supporters insisted the measure protects privacy.

Thursday's debate was also intense; House Speaker Dustin Burrows cleared the gallery after protesters shouted "shame" and "you're here to work for the people."

If Abbott signs SB 8, it'll join a series of new Texas laws impacting trans residents. Earlier this year, Abbott approved House Bill 229, which defined male and female for state purposes, mirroring a January executive order from President Donald Trump that established the same binary at the federal level.

Texas would join nearly 20 states that have enacted some restrictions on restroom access for transgender people, some tied up in court. In South Carolina, officials have asked the U.S. Supreme Court to let the state enforce a rule linking school funding to bans on transgender students using restrooms that match their gender identity.

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