Megan Navarro
DRIPPING SPRINGS — Following discussion in closed session, Dripping Springs City Council voted to adopt a policy implementing state-mandated requirements in Texas Government Code, Chapter 3002.
During the second called session of the 89th Legislature, Senate Bill 8 — cited as the Texas Women’s Privacy Act — was adopted to be codified in Chapter 3002 of the Texas Government Code. This requires political subdivisions, including municipalities, to designate every multiple-occupancy private space in a building the city owns, operates or controls for the exclusive use of one sex, male or female, according to agenda documents.
“Basically, every political subdivision or state agency in Texas is required to take every reasonable step to ensure use of those multiple-occupancy private spaces aligns with that designation,” explained city attorney Aniz Alani in his presentation to city council. “A facility designed or designated for simultaneous use by more than one individual — so, something where more than one person is meant be within that space — and in which an individual may be in a state of undress in the presence of another individual, regardless of whether the facility provides curtains or partial walls for privacy.”
These spaces include washrooms, restrooms, locker rooms, changing rooms, shower rooms, Alani said, or anywhere that more than one person may be in a state of undress in front of another person. If it’s a single-person unit — such as the new restrooms that are in historic downtown — the city does not have to take any additional steps regarding SB 8.
According to agenda documents, the statute defines sex by biological criteria and requires the political subdivision to take “every reasonable step” to ensure people do not use a space designated for the opposite sex.
The act, Alani said, includes the following exceptions where the designation would not prohibit the individual from entering the space:
• Maintenance, custodial or inspection purposes
• Rendering medical or other emergency assistance
• Accompanying and provide assistance to an individual who needs assistance in using the facility
• Law enforcement
• Rendering assistance necessary in preventing a serious threat to proper order or safety
• Accompanying a child who is 9 years old or younger
“Those are literally the exceptions that are in the legislation and, in an effort to align the city policy as closely as possible with the literal requirements of the legislation, the policy proposes to just repeat those exceptions by reference,” the city attorney stated. “So, if the legislation were to change, the policy would naturally reflect that change immediately.”
The policy also, according to Alani’s presentation:
• References the terms and requirements imposed by Government Code Chapter 3002
• Directs each department head to complete an inventory of city-controlled facilities to identify multiple-occupancy private spaces
• Designates each multiple-occupancy private space as required by Government Code Chapter 2003 and directs that exterior signage indicates the designation
• Written complaints be forwarded to the city administrator and city attorney
• The receiving department must correct any substantiated non-compliance within three business days
• Permits general statement that designations are made pursuant to state law
• Questions or concerns may be directed to the State of Texas or to elected state representatives.
In terms of how the law gets enforced, the legislation sets out two processes, Alani explained.
Any member of the public can submit a written complaint to the city alleging that the entity is not enforcing SB 8 and then, the entity would have three business days to cure the alleged breach, after which, the person has the ability to submit a complaint to the attorney general (AG). The AG would then look at the complaint and may issue a further notice to the city or political subdivision, providing a further 15 days to cure.
Following that, the AG could go to court and “basically sue the city for a civil penalty. It’s $25,000 for the first violation and $125,000 for every subsequent violation, with each day being a separate violation,” Alani said, adding that there is also a mechanism in the legislation that allows a member of the public to go to court to seek an injunction requiring compliance with SB 8’s provisions.
After the city attorney’s presentation, mayor Bill Foulds questioned if the city would have to abide by the state law if “we opted to put locks on the front bathroom, so if one person went in there, there was a locking ability and then, there’s no longer the need for this. I know we still have problems at city parks, where you have showers and things like that.”
“My understanding of the legislation is that two options of complying and avoiding the need to have to implement Senate Bill 8 are to essentially get out of the business of having any of these multi-user spaces, like don’t have any washrooms, don’t have any change rooms. If you don’t have them, then they can’t be designated and the designation can’t be breached or, as you suggested, if they are all limited to one person, then you wouldn’t need a designation,” Alani responded. “... A change room, for example, might have accommodated 20 people at a time. If you change that so only one person can go into the change room at once, then you don’t have the designate whether male or females can go to each one.”
As of now, no final decision has been made on converting any existing multiple-occupancy restrooms or other private spaces to single-occupancy through the addition of locks, according to Alani.
After closed session, city council voted unanimously to adopt the policy that aligns with SB 8.
Dripping Springs City Council meets next at 6 p.m. Tuesday, Dec. 16.
