Democrats also questioned how agencies would enforce the policy, and Orr responded that individual agencies would handle enforcement, relying largely on appearance.
The Texas House approved Senate Bill 8 in a contentious 86–43 vote, reigniting the long-standing and divisive debate over bathroom access for transgender individuals.
The bill mandates that people in public schools, universities, and government-owned buildings must use restrooms that correspond to their sex assigned at birth, not their gender identity.
The debate in the chamber grew tense, prompting multiple disruptions from the public gallery. Protesters shouted at lawmakers during the vote, forcing staff and Department of Public Safety officers to clear the gallery mid-debate.
SB 8, which opponents say targets transgender Texans, includes no exceptions for transgender inmates and restricts access to women’s domestic violence shelters to those assigned female at birth, unless they’re under 17 and accompanied by their mother.
A last-minute amendment by Rep. Steve Toth (R) significantly escalated potential financial penalties, setting fines at $25,000 for a first violation and $125,000 for subsequent violations. If enacted, this would make SB 8 the most financially punitive bathroom bill in the nation.
Supporters, including the bill’s House sponsor Rep. Angelia Orr (R), argue that the measure protects the privacy and safety of women and girls.
“The preference of someone’s sexual appearance does not override the safety and privacy of a biological female,” Orr said.
She emphasized that the bill targets institutions, not individuals, and does not affect private businesses.
Opponents, including Rep. Jessica Gonzalez (D), argued the bill invites harassment and discrimination. Gonzalez recounted how someone falsely accused her of using the wrong bathroom, even while she followed existing Capitol policies.
Rep. Erin Zwiener (D) challenged the bill's premise, “Who do you think is more uncomfortable in the bathroom today? A cis woman, or a trans woman wondering if she's about to be harassed?”
With SB 8’s passage, Texas joins a growing number of states enacting legislation restricting transgender bathroom access, a move supporters say ensures safety, and critics warn fuels discrimination.
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