AUSTIN (KXAN) – Attorney General Ken Paxton said his office has received a second complaint alleging a “biological male” used the girls’ restroom and locker room at an Austin Independent School District campus.

If substantiated, Paxton said the complaint would be a violation of Senate Bill 8 — known as the Texas Women’s Privacy Act — which requires political subdivisions, including school districts, to prevent individuals from going into private spaces designated for the opposite biological sex.

The latest complaint alleges the violation happened at the district’s Performing Arts Center, according to the attorney general’s office. State prosecutors already warned the district in early March it could face a $5,000 per day penalty and a lawsuit if the district did not stop a student from using the girls’ bathroom at Austin High School. The most recent letter from the attorney general to the district alleges both complaints involve the same student.

In a letter responding to the attorney general on March 17, the district outlined how it implemented the Women’s Privacy Act following its passage in the 89th Legislative Session and how it addressed the repeated complaints from an Austin High parent that stretched from November to February. The district said it also met with the parent and student accused of using the girls’ bathroom about the district’s obligation to enforce the new law.

On Monday, the attorney general’s office said although the district asserted that it is in compliance with the state law, district officials have failed to provide the AG with documentation of its policies that the office requested last month, including any formal complaints the district received related to Senate Bill 8 and documentation of efforts AISD is taking to ensure that violations of the Women’s Privacy Act cease to continue.

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It’s not clear whether the district has been requested to pay fines related to the alleged violations of the Women’s Privacy Act. So far, AISD has not responded to questions about the $5,000 a day penalty. The attorney general’s latest letter said the office determined legal action is warranted.

“It is appalling that woke Austin ISD officials won’t do what is required by law to protect girls’ privacy and safety from males invading their spaces,” Attorney General Paxton said in his statement. “I will continue to hold Austin ISD accountable and ensure that any violations of the Texas Women’s Privacy Act are fully investigated and prosecuted to the fullest extent.”

Austin ISD officials have not responded to KXAN’s questions about the new allegation.

The attorney general’s office has investigated and taken action against AISD several times this school year. In February, Paxton’s office accused Austin ISD and several other districts of “facilitating” student-led walkouts opposing U.S. Immigration and Customs Enforcement and opened an investigation into the claims — an allegation the district said was “misplaced.”

The district signed an agreed order in September with the attorney general’s office that ended a months-long lawsuit over accusations the district was teaching Critical Race Theory — an allegation the district has repeatedly denied. Records obtained by KXAN show the district spent more than $22,000 fighting a legal battle against the state while combating a multi-million-dollar budget shortfall.

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