SB 8, which regulates individuals in certain spaces and facilities according to sex, becomes effective today. School districts continue to have questions regarding how to comply with SB 8, as it applies to locker rooms, bathrooms and facilities meeting the definition of a single sex occupancy. The legislation affects K-12 interscholastic programs, in that it restricts opposite sex coaches, athletic trainers or media reporters who have traditionally been permitted at times to enter locker rooms for half-time or after games to conduct business. Non-compliance with SB 8 may result in severe financial penalties.  The following is a review of specific provisions of SB 8 and TASB’s recently published CSA (Regulation), which seeks to provide guidance with respect to the realities of how some K-12 facilities and programs have operated.

Specific provisions of SB 8 include the following:

• All multiple-occupancy facilities must be sex-segregated by biological sex, including, restrooms, locker rooms, changing rooms, and shower rooms. In effect, all such facilities must be designated “Female” or “Male” only.
• Schools must “take every reasonable step” to prevent opposite-sex entry into multiple-occupancy private space.
• Enforcement and penalties: Any Texas resident may send a 3-day written notice demanding the district fix a violation. If not cured, the resident can trigger an Attorney General investigation. Civil penalties are $25,000 first violation; $125,000 for each subsequent or per-day continuing violation. Additionally, the law allows for enforcement by private civil cause of action for declaratory relief, injunctive relief, and court costs, including attorney’s and witness fees.
• Exceptions: A designation of multiple-occupancy private space does not apply to an individual entering a multiple-occupancy private space designated for the exclusive use of individuals of the sex opposite to the individual’s sex:
  1. for a custodial purpose;
  2. for maintenance or inspection purpose;
  3. to render medical or other emergency assistance;
  4. to accompany and provide assistance to an individual who needs assistance in using the facility;
  5. for a law enforcement purpose; or
  6. to render assistance necessary in preventing a serious threat to proper order or safety.

Nor does the restriction apply to a child who is nine years of age or younger who is accompanied by an individual caring for the child.

Although effectively targeting transgender students, SB 8 could unintentionally upend longstanding practices in athletics and other programs, as the sex of coaches, athletic trainers, and press reporters, for example, does not always align with the teams they coach, train or report on.  In order to apply “common sense” to interpretation of SB 8, the UIL, along with universities and TASB worked to develop a model regulation. For K-12 schools, TASB has disseminated “CSA (Regulation)".

The CSA regulation is designed to comply with SB 8 while providing pragmatic flexibility, recognizing the day to day reality of how various facilities and programs have always operated. Specifically, the policy:

1. Allows for a temporary “non-private” designation for athletic/band/performance spaces, creating a workaround for the extremely common situation in which coaches, trainers, directors, or media of the opposite sex must enter locker rooms or team rooms. By temporarily declaring the space “non-private” (with announcement, signage, and schedule notice to parents/students), opposite-sex entry becomes legal for coaching, medical care, filming, rehearsals, etc.
2. Single-occupancy and unisex options: Districts may designate or convert single-occupancy private spaces, e.g., single-stall restrooms/changing rooms, as male, female or unisex, which accommodates students or staff who need privacy.
3. The regulation sets out a clear reporting chain and 24-hour written documentation, which protects the district by creating a paper trail that shows it is taking “every reasonable step” to prevent violations — an important requirement in the statute that shields districts from the $25k–$125k daily fines.

In summary, SB 8 mandates strict sex-segregation of facilities in educational settings based on biological sex, with severe financial penalties for violations—up to $25,000 for initial infractions and $125,000 for subsequent ones. The law requires schools to actively enforce these provisions which, if strictly read, create substantial practical difficulties for K-12 schools hosting interscholastic competitions. The CSA(Regulation) provides a practical solution by allowing temporary “non-private” designation of spaces to accommodate staff and media of the opposite sex, and by designating exceptions to the designations of multi-occupancy private spaces for the use of a single sex.

Should questions arise regarding compliance with this law or any other questions, please feel free to contact Leon | Alcala, PLLC for additional guidance.

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