Austin American-Statesman

Bathroom bill likely affects 2-year colleges

ACC, others watchful, stress openness of community higher ed.

- By Ralph K.M. Haurwitz rhaurwitz@statesman.com

When state Sen. Kirk Watson quizzed Sen. Lois Kolkhorst on the Senate floor about the scope of her bill to outlaw certain transgende­r-friendly bathrooms in Texas, she made it clear that the measure would apply to public schools and local government­s but not to universiti­es or state agencies.

Left unsaid: It almost certainly would apply to the state’s 50 community college districts.

“Since it doesn’t explicitly exclude us, our understand­ing is it would apply to us,” Dustin Meador, director of government relations for the Texas Associatio­n of Community Colleges, told the American-Statesman. “It’s just assumed that we are a political subdivisio­n” covered by the bill.

That aspect of Senate Bill 3, which hasn’t previously been reported, has community, or junior, college officials concerned. The measure was approved last week by the Senate and sent to the House, where it has yet to be assigned to a committee by House Speaker Joe Straus, who — in contrast to Lt. Gov. Dan Patrick, the upper chamber’s presiding officer — says such legislatio­n would put transgende­r people at risk and jeopardize the economy. House Bill 46 and HB 50, which also seek to limit transgende­r bathroom policies, likewise face an uphill battle.

Supporters say the legislatio­n is

needed to protect the safety and dignity of women in vulnerable situations. Bruce Leslie, chancellor of the Alamo Colleges District, said it runs counter to the mission of two-year schools.

“Community colleges, by their mission and purpose, are committed to marginaliz­ed people, whether they are economical­ly marginaliz­ed or otherwise challenged,” said Leslie, who oversees five colleges in the San Antonio area. “We are open to everybody. We very deliberate­ly met with the transgende­r community several years ago” and worked out an approach to make private restrooms available as needed. “We’ve had no issues.”

An Austin Community College official also emphasized the nature of junior colleges.

“We are an open institutio­n and want all of our students, faculty and staff to feel welcome, respected and secure,” said Molly Beth Malcolm, ACC’s vice president for community engagement and public affairs. “We are monitoring the legislatio­n. Should it pass and be signed into law, we will work with our ACC community to review what changes, if any, are necessary.”

SB 3 would limit multiple-occupancy restrooms, showers and locker rooms to persons of the same sex as stated on a birth certificat­e or one of three documents issued by the Texas Department of Public Safety: a driver’s license, personal identifica­tion certificat­e or license to carry a handgun. It also would prohibit student-athletes from participat­ing in activities for female athletes if their birth certificat­es say they are male.

The measure applies to “political subdivisio­ns, including public school districts, and open-enrollment charter schools.” Political subdivisio­ns aren’t defined in the bill but generally encompass cities, counties and various special-purpose districts in addition to school districts.

Watson, a Democrat from Austin, said the bill’s lack of clarity on exactly which political subdivisio­ns are included is troubling. The measure would become part of Chapter 250 of the Local Government Code, but that chapter also doesn’t define a political subdivisio­n.

However, Chapters 172, 176 and 271 of the Local Government Code say that junior colleges are political subdivisio­ns. Chapter 241, on the other hand, doesn’t include them in the definition.

“We should never pass a bill where the author of the bill can’t tell you to whom it applies,” Watson said.

Kolkhorst, R-Brenham, responded to the Statesman’s query by email: “In deference to Governor Abbott’s special session instructio­ns, which directed lawmakers to work from the language contained in House Bill 2899 from the regular session, Senate Bill 3 left the term ‘political subdivisio­n’ undefined, just as it was in HB 2899 with 80 co-authors. There are several definition­s of this term in the law, some of which apply to community colleges. I look forward to working with the House and Governor Abbott on clarifying this legislatio­n as the special session continues.”

HB 2899, which never came up for a vote in committee, would have barred ordinances “to protect a class of persons from discrimina­tion.”

Sen. Judith Zaffirini, a member of the State Affairs Committee, which heard nearly 11 hours of testimony on the bill, said she doesn’t recall any mention of community colleges. “I would be very surprised, and I think some of the other senators would be very surprised, that community colleges would be included,” said Zaffirini, D-Laredo.

If the bill passes and applies to community colleges, “there will be people who choose to go elsewhere because they don’t want to be part of a place that discrimina­tes,” Watson predicted. It would also have an impact on intercolle­giate athletics at the twoyear schools with such programs, he said.

The National Junior College Athletic Associatio­n’s executive committee will convene this month to consider this and similar legislatio­n. “We want to be sure that we are honoring the values of our national organizati­on and the student-athletes we serve, while also being supportive of the hosts that have worked so hard in providing outstandin­g experience­s for our membership,” said Mark Krug, assistant executive director.

Central Health, Travis County’s health care district, is also in watchful-waiting mode.

“We’re currently taking inventory of restroom facilities at about 26 sites, which includes Central Health buildings and CommUnityC­are clinics,” said Susan Lara Willars, enterprise vice president of human resources. “We understand the importance of providing gender-neutral restroom accommodat­ions for employees and the public. We want to do everything possible to accommodat­e our staff and the people we serve who are transgende­r or gender nonbinary so they always feel welcome, safe and protected.”

 ??  ?? State Sen. Kirk Watson, D-Austin, says he’s troubled by the lack of specificit­y in Senate Bill 3. The bill’s author, Sen. Lois Kolkhorst, R-Brenham, said she hopes to clarify details in talks with the House and governor.
State Sen. Kirk Watson, D-Austin, says he’s troubled by the lack of specificit­y in Senate Bill 3. The bill’s author, Sen. Lois Kolkhorst, R-Brenham, said she hopes to clarify details in talks with the House and governor.
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