Texas House advances private spaces bill

AUSTIN (KXAN) — The Texas House of Representatives gave preliminary approval to a bill that supporters say will help women feel safe in private spaces Thursday, while its opponents argue that it will put women and gender diverse people at higher risk.

Senate Bill 8, titled by its authors as the "Texas Women's Privacy Act," would bring fines against local governments and state agencies that the state attorney general finds have failed to "take every reasonable step to ensure an individual whose sex is opposite to the sex designated for a multiple-occupancy private space does not enter the private space.”

The bill is a copy of legislation that failed during 2025's regular session and first special session.

More than 500 people signed up to testify against the bill, while 20 signed up in support of the bill during the Aug. 22 House State Affairs Committee hearing, according to legislative records.

What happened in the chamber?

House Speaker Dustin Burrows convened the body at 1:30 p.m. for consideration of SB 8. Prior to work on the day's general calendar, he asked members to maintain decorum during debates.

Advocacy groups on both sides of the bill said on social media that they planned to fill the House gallery during the vote. Neither side achieved their goal of filling the gallery, and only a small audience was seated Thursday afternoon.

Republican Rep. Angelica Orr, the bill's sponsor in the House, laid it out on the floor.

"It is a shame that there is a need for this bill," said Orr, who has declined to present evidence supporting that need. "I doubt the conversations around this will end after we pass this bill."

Democratic Rep. Jessica González was the first lawmaker to question Orr on the House floor Thursday.

"Can you point to specific instances where this has happened?" González asked.

Orr said that a transgender student used a locker room at Round Rock High School. KXAN reached out to Round Rock ISD for information about that allegation.

A follow-up question from González asked if the bill does anything to prevent the harassment of gender non-conforming women like herself. She added that she has been challenged while using restrooms in the Capitol.

"Will I need to keep my birth certificate on me to use the restroom?" González asked.

Orr responded that she doesn't believe that the bill would require proof of someone's assigned sex at birth. She added that she doesn't anticipate people will be asked to produce ID.

Democratic Rep. Erin Zweiner also rose with questions, and homed in on the "every reasonable step" language. She said it was overly broad, "incredibly vague" and would allow the state attorney general to override local policies.

Zweiner also asked Orr if she met with any political subdivisions of the state. Orr said she met with the Texas Department of Criminal Justice, but did not meet with school districts or municipalities. Provisions related to the TDCJ are separate from those related to political subdivisions.

Democrats put forward 'common sense' amendments

Democratic Rep. Rafael Anchía put forward an amendment to remove the enacting clause from SB 8, which would prevent the bill from taking effect if passed. He called it "a perversion," and noted law enforcement and religious leaders testified against the bill.

In closing, Anchía quoted the Bible, which drew heckling from SB 8's supporters. Anchía had to request that the speaker admonish those people.

"You do not own God! You do not own Christ!" responded Anchía to SB 8 supporters.

Rep. John Bucy III asked about a "violent threat" made by an SB 8 supporter during a committee meeting, which KXAN reported on previously. Anchía said it was reflective of the bill's underlying intent.

The amendment, and others, were blocked by House members. For most amendments, Orr declined to explain why she moved to table them. Some amendments were withdrawn after being targeted by points of order.

"Members, I find it incredibly telling that the bill's author won't say why this amendment isn't needed," said Zweiner about her amendment, prior to it being tabled.

Democratic Rep. Lauren Ashley Simmons, who has multiple transgender staffers, said her office received death threats after a right wing influencer made "bad faith claims" while recording video outside a Capitol restroom. She moved to amend the bill to require that every facility has single-occupancy spaces or a security guard at public restrooms, who would clear the restroom prior to use by a transgender person.

Perhaps due to Zweiner's earlier comment, Orr took questions from Zweiner related to that amendment. Orr said that she believes there will be more single-occupancy restrooms in the future, and that it would be too expensive. She had earlier said that there could be "no cost too high" to ensuring the privacy of women in Texas.

"Why isn't the cost worth protecting trans men and trans women? Do they not deserve the same privacy and protections?" Zweiner asked.

"I am not advised and I move to close," said Orr, before leaving the podium.

Lawmakers did approve one amendment to the legislation. Rep. Steve Toth, R-Conroe, brought up an amendment to raise the amount of fines to $25,000 for an initial violation, and $125,000 for subsequent violations.

What's next for the bill?

SB 8 requires one more vote for final approval in the House. It will then head to the Senate to approve the change made by the Toth amendment. Lawmakers have until Sept. 13 to approve any legislation during the second special session.

The law, if passed, would apply to single-sex multiple-occupancy private spaces in buildings owned by the state and local governments, such as restrooms, changing rooms and prisons. It doesn't create a criminal offense, nor does it block transgender people from using single-sex restrooms owned by private businesses or other non-governmental organizations.

Democrats in the House suggested that the bill, if enacted, would encourage vigilante "potty police" and "genital checkers." It would also allow for private lawsuits to be filed by non-Texans, which Zweiner said would lead to "bounty hunters."

SB 8 doesn't use Texas' definitions of male and female, a point Orr conceded during a committee meeting last week. She said Thursday that she believes intersex conditions are covered by the bill's definitions.

Moving transgender inmates to prisons that don't match their gender has led to lawsuits in other states. SB 8 could possibly face similar legal challenges. However, the bill contains a section that claims to preemptively prevent judicial review of the law and to shift legal fees onto plaintiffs.

"When that process is removed, we are left with unchecked power. We must resist any attempt to end judicial review," said Democratic Rep. Cassandra Garcia Hernandez, who submitted an amendment to remove that section. "If the bill's author can say she believes the bill can stand up to legal review, then let's remove this section."

Orr declined to debate that amendment, and House Republicans voted to table it.

If passed, SB 8 will take effect on the 91st day after 2025's second special session ends.