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A BILL TO BE ENTITLED
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AN ACT
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relating to distribution of condoms to inmates and state jail |
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defendants confined in facilities operated by or under contract |
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with the Texas Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Subchapter B, Chapter 501, Government Code, is |
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amended by adding Section 501.0541 to read as follows: |
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Sec. 501.0541. DISTRIBUTION OF CONDOMS TO INMATES AND STATE |
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JAIL DEFENDANTS. (a) The department shall adopt a policy that: |
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(1) allows any nonprofit or public health care agency |
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to distribute condoms to inmates and state jail defendants confined |
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in facilities operated by or under contract with the department; |
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and |
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(2) provides for the disposal of used condoms in a |
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manner that protects: |
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(A) the anonymity of inmates and state jail |
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defendants; and |
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(B) the health of department employees, inmates, |
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and state jail defendants. |
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(b) Possession of a condom distributed in accordance with |
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the policy adopted under Subsection (a) may not be used as evidence |
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of illegal activity for purposes of administrative sanctions |
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against an inmate or state jail defendant. |
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SECTION 2. 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, 2007. |