By:  Davis of Dallas (Senate Sponsor - Ellis)                     H.B. No. 43 
	(In the Senate - Received from the House May 10, 2005; 
May 12, 2005, read first time and referred to Committee on Criminal 
Justice; May 18, 2005, reported favorably by the following vote:  
Yeas  5, Nays 0; May 18, 2005, sent to printer.)


A BILL TO BE ENTITLED

AN ACT


relating to requiring the Texas Department of Criminal Justice to 
conduct a mandatory human immunodeficiency virus test on certain 
inmates and state jail felons.
	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:                        
	SECTION 1.  Section 501.054(i), Government Code, is amended 
to read as follows:
	(i)  The institutional division may test an inmate confined 
in a facility operated by the division for human immunodeficiency 
virus at any time, but must test an inmate who is eligible for 
release before the inmate is released from the division.  If the 
institutional division determines that an inmate has a positive 
test result, the division may segregate the inmate from other 
inmates.  The institutional division shall report the results of a 
positive test to the Department of State Health Services for the 
purposes of notification and reporting as described by Sections 
81.050-81.052, Health and Safety Code.
	SECTION 2.  Section 507.023(b), Government Code, is amended 
to read as follows:
	(b)  The state jail division shall adopt a policy for 
handling a defendant with AIDS or HIV and shall [may] test a 
defendant for AIDS or HIV in the same manner and subject to the same 
conditions as apply to the institutional division under Section 
501.054.
	SECTION 3.  This Act takes effect September 1, 2005.                           



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