Texas’ Bathroom Law Takes Effect: Restricting Public Restroom Access

Texas’ restroom-access law, Senate Bill 8, takes effect Thursday, Dec. 4, marking a significant shift in bathroom and locker room policies across public facilities. The law limits who can use certain restrooms, locker rooms, and changing areas in publicly owned buildings based on a person’s sex assigned at birth. According to KUT News, the measure applies to government buildings, public schools, libraries and prisons, while private businesses are not affected.

Senate Bill 8 applies to multiple-occupancy spaces in:

• Public schools and universities
• County and city buildings
• State agency buildings
• Prisons and certain family violence shelters

Exceptions include emergency situations, custodial work, law enforcement duties, assisting someone who needs help, and children under 10 accompanied by an adult.

When signing SB 8 earlier this year, Gov. Greg Abbott described the measure as “common sense,” saying it ensures “no men in women’s restrooms.” Supporters also refer to it as the “Women’s Privacy Act”, and argue SB 8 protects privacy and safety in sex-segregated spaces.

Opponents’ Perspective

Opponents warn the law could lead to discrimination and harassment, as it targets transgender, intersex and nonbinary people. World Population Review reports that approximately 0.43% of adult Texans identify as transgender, a number that represents about 92,900 people.

With this law, Texas joins roughly 20 other states that have enacted similar restrictions, some now facing court challenges.

A Renewed Political Battle

The issue first surfaced prominently in 2017, when an earlier attempt failed after business and law enforcement groups objected. The debate reignited this year during the Legislature’s second special session.

Despite pushback from advocacy organizations and liberal lawmakers, Republicans pushed the measure through, sending it to the governor in September.

Rep. Jessica Gonzalez echoed concern, saying people will be “targeted” based on appearance — “especially to women who are taller, short hair, or anyone who doesn’t fit the mold.” Gonzalez proposed an amendment to “hold the harassers accountable,” but it failed.

SB 8 requires institutions to take “every reasonable step” to ensure compliance, but does not define specific enforcement methods. 

Violations do not carry personal penalties; instead, institutions can be fined $25,000 for the first violation and $125,000 per day for subsequent ones. Complaints go through the Attorney General, who provides a period for institutions to correct issues before fines are assessed, reported The Texas Tribune.