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A BILL TO BE ENTITLED
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AN ACT
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relating to housing and placement of inmates and children according |
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to biological sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. This Act may be cited as the Female Prisoner |
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Protection Act. |
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SECTION 2. (a) The legislature finds that: |
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(1) courts have repeatedly affirmed that the |
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separation of inmates by sex is unquestionably constitutional so |
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long as it serves a government interest, see Women Prisoners of the |
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D.C. Dep't of Corr. v. District of Columbia, 93 F.3d 910, 926 (D.C. |
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Cir. 1996); |
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(2) courts have affirmed that the government cannot |
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lawfully act in a manner that evinces the belief that women are |
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second-class citizens or unworthy of the consideration provided |
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male offenders, see Pitts v. Thornburgh, 866 F.2d 1450, 1459 (D.C. |
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Cir. 1989); and |
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(3) courts have repeatedly recognized that a |
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correctional system has a right to ensure women are protected from |
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sexual abuse and physical violence as well as having equal access to |
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all inmate rights, correctional programs, and opportunities for |
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rehabilitation. |
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(b) The purpose of this Act is to further the governmental |
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interest of ensuring that females confined or placed in facilities |
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operated by the Texas Department of Criminal Justice and Texas |
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Juvenile Justice Department are protected throughout their |
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sentence and have equal, safe access to basic facilities afforded |
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to all confined persons. |
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SECTION 3. Section 51.12(m), Family Code, is amended to |
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read as follows: |
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(m) The Texas Juvenile Justice Department may deny, |
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suspend, or revoke the registration of any facility required to |
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register under Subsection (i) if the facility fails to: |
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(1) adhere to all applicable minimum standards for the |
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facility; [or] |
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(2) timely correct any notice of noncompliance with |
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minimum standards; or |
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(3) strictly comply with the requirements of Section |
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51.127. |
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SECTION 4. Section 51.125(e), Family Code, is amended to |
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read as follows: |
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(e) The Texas Juvenile Justice Department may deny, |
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suspend, or revoke the registration of any facility required to |
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register under Subsection (d) if the facility fails to: |
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(1) adhere to all applicable minimum standards for the |
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facility; [or] |
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(2) timely correct any notice of noncompliance with |
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minimum standards; or |
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(3) strictly comply with the requirements of Section |
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51.127. |
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SECTION 5. Chapter 51, Family Code, is amended by adding |
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Section 51.127 to read as follows: |
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Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL |
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SEX. (a) In this section, "department" means the Texas Juvenile |
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Justice Department. |
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(b) A juvenile board created under Chapter 152, Human |
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Resources Code, or the department, as applicable, shall place a |
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child in a detention or correctional facility according to the |
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child's biological sex, as determined by: |
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(1) the child's official birth certificate, if the |
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child's biological sex is correctly stated on the certificate as |
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described by Subsection (c); or |
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(2) if the child's official birth certificate |
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described by Subdivision (1) is unobtainable, another government |
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record that states the child's biological sex. |
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(c) For purposes of this section, a statement of a child's |
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biological sex on the child's official birth certificate is |
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considered to have correctly stated the child's biological sex only |
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if the statement was: |
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(1) entered at or near the time of the child's birth; |
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and |
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(2) not modified except as necessary to correct any |
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type of scrivener or clerical error in the child's biological sex. |
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(d) The vital statistics unit of the Department of State |
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Health Services may not charge a juvenile board or the department a |
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fee to issue a birth certificate for use under this section. |
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(e) Except as provided by Subsection (b), a juvenile board |
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or the department, as applicable, shall, in accordance with the |
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Prison Rape Elimination Act National Standards (28 C.F.R. Part 115, |
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Subpart D), consider the unique safety needs of each child and take |
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appropriate action to ensure a child's health and safety. |
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(f) A juvenile board and the Texas Juvenile Justice Board |
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shall adopt any rules necessary to implement this section. The |
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rules must ensure compliance with state and federal law. |
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SECTION 6. Subchapter D, Chapter 501, Government Code, is |
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amended by adding Section 501.115 to read as follows: |
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Sec. 501.115. HOUSING OF INMATES ACCORDING TO BIOLOGICAL |
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SEX. (a) The department shall house inmates in facilities, |
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dormitories, and cellblocks according to the inmate's biological |
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sex, as determined by: |
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(1) the inmate's sex organs as determined during the |
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intake screening required under the Prison Rape Elimination Act |
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National Standards (28 C.F.R. Section 115.41); and |
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(2) a statement of the inmate's biological sex on the |
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inmate's official birth certificate if the statement was: |
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(A) entered at or near the time of the inmate's |
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birth; and |
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(B) not modified except as necessary to correct |
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any type of scrivener or clerical error in the inmate's biological |
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sex. |
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(b) If there is a conflict between the determinations made |
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under Subsections (a)(1) and (2), the department shall defer to |
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Subsection (a)(2) for the purpose of determining an inmate's |
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biological sex. |
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(c) The vital statistics unit of the Department of State |
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Health Services may not charge the department a fee to issue a birth |
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certificate for use under this section. |
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(d) Except as provided by Subsection (a), the department |
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shall, in accordance with the Prison Rape Elimination Act National |
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Standards (28 C.F.R. Part 115), consider the unique safety needs of |
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each inmate and take appropriate action to ensure an inmate's |
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health and safety. |
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(e) The board shall adopt any rules necessary to implement |
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this section. The rules must ensure compliance with state and |
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federal law. |
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SECTION 7. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2025. |