A bill introduced in the Texas House, co-authored by a majority of members, seeks to restrict the use of public bathrooms by transgender individuals. House Bill 239 could go further than previous similar bills, potentially introducing more detailed restrictions and penalties.
HB 239 mandates that family violence shelters, prisons, and bathrooms and locker rooms in state and county buildings be segregated based on state definitions of biological sex. It also imposes fines for violations of the bill’s provisions. The bill allows for single-person and family restrooms and includes exemptions for children under 10 and individuals needing assistance using facilities, such as the elderly.
The bill comes as some Texas lawmakers, including Lt. Gov. Dan Patrick, have voiced concerns about transgender people using bathrooms in the state Capitol.
HB 239 draws inspiration from the 2017 Senate Bill 6, which gained attention before it lost support and was ultimately sidelined in a special session. However, the 2025 bill differs in several ways. Like SB 6, HB 239 applies bathroom restrictions to state and county-owned facilities, such as the Texas Capitol, public schools, and state agency buildings. However, HB 239 extends these provisions to public universities. The new bill is more detailed, providing its own definition of biological sex, raising proposed penalties, and attempting to shield itself from legal challenges or constitutional disputes.
HB 239’s definition of biological sex mirrors that of SB 6 but clarifies that the state will only recognize an individual’s “original” birth certificate. This new language would disregard updates to birth certificates for transgender individuals who have legally amended their documents.
The bill also proposes harsher financial penalties for violations. The first offense would carry a $5,000 civil fine, compared to the $1,500 penalty proposed by SB 6. A second offense under HB 239 would result in a $25,000 fine.
Cathryn Oakley, senior director at the Human Rights Campaign, highlighted the increased penalties as a significant aspect of HB 239. Oakley, who has been active in Texas since 2017 fighting against anti-trans legislation, said that while the bill introduces new provisions like barring Texas prisons from accepting trans inmates, it largely echoes familiar ideas from other states.
“What we’re seeing is not a lot of creativity,” Oakley said. “These bills are being introduced in other states too, and it’s interesting to see where the trends are heading.”
HB 239 also includes provisions that would prevent state courts from certifying any writs or injunctions declaring the law unconstitutional. It also grants sovereign immunity to the state and its employees for enforcing the law. While SB 6 included a similar clause prohibiting lawsuits against it, it waived sovereign immunity and did not block constitutional challenges.
Public opinion on bathroom laws has shifted in recent years, as more lawmakers and advocates across the nation have pushed for restrictions targeting transgender people. For example, in October, the Odessa City Council passed an ordinance limiting access to public bathrooms based on sex, and in November, Congress passed a similar ban for the U.S. Capitol.
Rep. Valoree Swanson, R-Spring, introduced HB 239 in November. The bill mirrors two earlier proposals: one filed by another House representative in January and another in the Senate. Swanson is joined by 77 co-authors on the bill, all but one of whom are Republicans, with Rep. Sergio Muñoz, an eight-term Democrat from Mission, being the exception.
Despite the bill’s broad support in the House, the 77 co-authors may not necessarily indicate its likelihood of success. In 2017, despite having 79 co-authors, House Bill 2899, filed by former Rep. Ron Simmons, R-Carrollton, failed to progress through its committee. Simmons later reintroduced the bill as HB 46 in a special session, but it again failed to gain traction, garnering only 60 co-authors.
While Swanson co-authored both HB 2899 and HB 46, Muñoz was not involved with either of those efforts. Neither Swanson nor Muñoz was available for comment.
HB 239 has been referred to the House Committee on State Affairs but has not yet been scheduled for a hearing.