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A BILL TO BE ENTITLED
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AN ACT
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relating to distribution of sexual barrier protection devices to |
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inmates and state jail defendants confined in facilities operated |
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by or under contract with the Texas Department of Criminal Justice |
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and the testing of certain inmates for HIV. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.054(i), Government Code, is amended |
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to read as follows: |
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(i) The department may test an inmate confined in a facility |
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operated by the correctional institutions division for human |
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immunodeficiency virus at any time, but must test: |
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(1) during the diagnostic process, an inmate for whom |
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the department does not have a record of a positive test result; |
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[and] |
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(2) an inmate who is eligible for release before the |
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inmate is released from the division; and |
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(3) at least annually, an inmate: |
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(A) for whom the department does not have a |
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record of a positive test result; and |
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(B) who has not undergone testing under |
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Subdivision (1) or (2) during the last calendar year. |
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SECTION 2. 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 SEXUAL BARRIER PROTECTION |
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DEVICES TO INMATES AND STATE JAIL DEFENDANTS. (a) In this section, |
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"sexual barrier protection device" means a device that: |
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(1) is approved by the United States Food and Drug |
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Administration; |
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(2) has not been tampered with; and |
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(3) reduces the probability of the transmission of a |
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sexually transmitted disease or infection between sexual partners. |
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(b) The department shall adopt a policy that: |
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(1) provides for the distribution of condoms, in |
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discreet locations at each unit or through health care providers at |
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each facility, to inmates and state jail defendants confined in |
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facilities operated by or under contract with the department; |
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(2) allows any nonprofit or public health care agency |
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to distribute sexual barrier protection devices to the persons |
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described by Subdivision (1); and |
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(3) provides for the disposal of used sexual barrier |
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protection devices in a 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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(c) Possession of a sexual barrier protection device |
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distributed in accordance with the policy adopted under Subsection |
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(b) may not be used as evidence of illegal activity for purposes of |
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administrative sanctions against an inmate or state jail defendant. |
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SECTION 3. 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, 2009. |