By Chavez                                             H.B. No. 2583
         77R4584 PEP-D                           
                                A BILL TO BE ENTITLED
 1-1                                   AN ACT
 1-2     relating to AIDS, HIV, and hepatitis education and testing for
 1-3     inmates and employees of the Texas Department of Criminal Justice.
 1-4           BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
 1-5           SECTION 1. Section 501.054, Government Code, is amended to
 1-6     read as follows:
 1-7           Sec. 501.054.  AIDS, [AND] HIV, AND HEPATITIS EDUCATION;
 1-8     TESTING. (a)  In this section, "AIDS," "HIV," and "test result"
 1-9     have the meanings assigned by Section 81.101, Health and Safety
1-10     Code.
1-11           (b)  The department, in consultation with the Texas
1-12     Department of Health, shall establish education programs to educate
1-13     inmates and employees of the department about AIDS, [and] HIV, and
1-14     hepatitis. In establishing the programs for inmates, the department
1-15     shall design a program that deals with issues related to AIDS,
1-16     [and] HIV, and hepatitis that are relevant to inmates while
1-17     confined and a program that deals with issues related to AIDS,
1-18     [and] HIV, and hepatitis that will be relevant to inmates after the
1-19     inmates are released. The department shall design the programs to
1-20     take into account relevant cultural and other differences among
1-21     inmates.    The department shall require each inmate in a facility
1-22     operated by the department to participate in education programs
1-23     established under this subsection.
1-24           (c)  The department shall require each employee of the
 2-1     department to participate in programs established under this
 2-2     section at least once during each calendar year.
 2-3           (d)  The department shall ensure that education programs for
 2-4     employees include information and training relating to infection
 2-5     control procedures.  The department shall also ensure that
 2-6     employees have infection control supplies and equipment readily
 2-7     available.
 2-8           (e)  The department, in consultation with the Texas
 2-9     Department of Health, shall periodically revise education programs
2-10     established under this section so that the programs reflect the
2-11     latest medical information available on AIDS, [and] HIV, and
2-12     hepatitis.
2-13           (f)  The department shall adopt a policy for handling persons
2-14     who have [with] AIDS or hepatitis or are infected with HIV and
2-15     [infection who] are in the custody of the department or under the
2-16     department's supervision.  The policy must be substantially similar
2-17     to a model policy developed by the Texas Department of Health under
2-18     Subchapter G, Chapter 85, Health and Safety Code.
2-19           (g)  The department shall maintain the confidentiality of
2-20     test results of an inmate indicating the presence of AIDS,
2-21     hepatitis, or HIV infection after the inmate's discharge, release
2-22     from a state jail, or release on parole or mandatory supervision
2-23     and may not honor the request of an agency of the state or any
2-24     person who requests a test result as a condition of housing or
2-25     supervising the inmate while the inmate is on community supervision
2-26     or parole or mandatory supervision, unless honoring the request
2-27     would improve the ability of the inmate to obtain essential health
 3-1     and social services.
 3-2           (h)  The department shall report to the legislature not later
 3-3     than January 15 of each odd-numbered year concerning the
 3-4     implementation of this section and the participation of inmates and
 3-5     employees of the department in education programs established under
 3-6     this section.
 3-7           (i)  The institutional division shall test an inmate confined
 3-8     in a facility operated by the division for AIDS, hepatitis, or HIV
 3-9     infection if the inmate is 22 years of age or older and has been
3-10     sentenced to a term of confinement in a penal institution of more
3-11     than two years. The institutional division may test any other [an]
3-12     inmate confined in a facility operated by the division for AIDS,
3-13     hepatitis, or HIV infection [human immunodeficiency virus].  If the
3-14     institutional division determines that an inmate has a positive
3-15     test result, the division may segregate the inmate from other
3-16     inmates.
3-17           SECTION 2. Section 507.023, Government Code, is amended to
3-18     read as follows:
3-19           Sec. 507.023. AIDS, [and] HIV, AND HEPATITIS EDUCATION;
3-20     TESTING. (a)  The state jail division shall establish and provide
3-21     education programs to educate state jail division employees and
3-22     defendants in state jail felony facilities about AIDS, [and] HIV,
3-23     and hepatitis in the same manner as the institutional division
3-24     establishes and provides programs for employees and inmates under
3-25     Section 501.054.
3-26           (b)  The state jail division shall test a defendant confined
3-27     in a state jail felony facility for AIDS, hepatitis, or HIV
 4-1     infection if the defendant is 22 years of age or older and has been
 4-2     sentenced to a term of confinement in a penal institution of more
 4-3     than two years.  The state jail division may test a defendant for
 4-4     AIDS, hepatitis, or HIV infection and shall adopt a policy for
 4-5     handling a defendant who has [with] AIDS or hepatitis or is
 4-6     infected with HIV [and may test a defendant for AIDS or HIV] in the
 4-7     same manner and subject to the same conditions as apply to the
 4-8     institutional division under Section 501.054.
 4-9           (c)  In this section, "AIDS" and "HIV" have the meanings
4-10     assigned by Section 81.101, Health and Safety Code.
4-11           SECTION 3. The Texas Department of Criminal Justice shall
4-12     establish the programs, adopt the policies, and initiate the
4-13     testing procedures required by Sections 501.054 and 507.023,
4-14     Government Code, as amended by this Act, not later than January 1,
4-15     2002.
4-16           SECTION 4. This Act takes effect September 1, 2001.