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Bill

HB 2704

Relating to general definitions regarding biological sex and the designation and use of certain spaces according to biological sex; authorizing a civil right of action.

89th Legislature (2025) Introduced by Daniel Alders and 15 co-sponsors

Texas bill establishing biological sex definitions for space designation and creating civil liability for non-compliance with sex-based facility access rules.

Referred to State Affairs
#civilremedies&liabilities(i0065) #definition&protectionofawomanact(pt5h0) #education--primary&secondary--general(i0230) #genderidentity&expression(s0767) #politicalsubdivisions(i0588) #rightofprivacy(s0108) #stateagencies #boards&commissions(i0749) #women(i0925)
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Bill Summary · HB 2704

Legislative bill overview

HB 2704 would establish legal definitions of biological sex in Texas and authorize the designation of certain spaces (likely bathrooms, locker rooms, or similar facilities) based on biological sex rather than gender identity. The bill creates a civil right of action, meaning individuals could sue if they believe these provisions have been violated.

Why is this important

This legislation directly addresses ongoing debates about space access and accommodation policies affecting transgender individuals. It would create enforceable legal standards and potential liability for entities that allow space access based on gender identity rather than biological sex, significantly impacting schools, public facilities, and private businesses.

Potential points of contention

  • Definition and enforcement challenges: Defining "biological sex" legally raises complex questions about intersex individuals, medical documentation requirements, and verification processes that could create practical implementation issues
  • Constitutional concerns: Courts in multiple states have questioned whether such restrictions violate equal protection or due process rights under state and federal law
  • Scope of application: Unclear which specific spaces and institutions would be covered, potentially creating conflicts between state requirements and federal civil rights law, including Title IX interpretations

Compiled from official sources — confirm details with the bill’s official record.

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