H.B. No. 3653
 
 
 
 
AN ACT
  relating to the use of restraints to control the movement of
  pregnant women and female children confined in certain correctional
  facilities in this state.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter B, Chapter 501, Government Code, is
  amended by adding Section 501.066 to read as follows:
         Sec. 501.066.  RESTRAINT OF PREGNANT INMATE OR DEFENDANT.  
  (a)  The department may not use restraints to control the movement
  of a pregnant woman in the custody of the department at any time
  during which the woman is in labor or delivery or recovering from
  delivery, unless the director or director's designee determines
  that the use of restraints is necessary to:
               (1)  ensure the safety and security of the woman or her
  infant, department or medical personnel, or any member of the
  public; or
               (2)  prevent a substantial risk that the woman will
  attempt escape.
         (b)  If a determination to use restraints is made under
  Subsection (a), the type of restraint used and the manner in which
  the restraint is used must be the least restrictive available under
  the circumstances to ensure safety and security or to prevent
  escape.
         SECTION 2.  Subchapter E, Chapter 61, Human Resources Code,
  is amended by adding Section 61.07611 to read as follows:
         Sec. 61.07611.  RESTRAINT OF PREGNANT JUVENILE.  (a)  The
  commission may not use restraints to control the movement of a
  pregnant child who is committed to the commission at any time during
  which the child is in labor or delivery or recovering from delivery,
  unless the executive director or executive director's designee
  determines that the use of restraints is necessary to:
               (1)  ensure the safety and security of the child or her
  infant, commission or medical personnel, or any member of the
  public; or
               (2)  prevent a substantial risk that the child will
  attempt escape.
         (b)  If a determination to use restraints is made under
  Subsection (a), the type of restraint used and the manner in which
  the restraint is used must be the least restrictive available under
  the circumstances to ensure safety and security or to prevent
  escape.
         SECTION 3.  Subchapter F, Chapter 361, Local Government
  Code, is amended by adding Section 361.082 to read as follows:
         Sec. 361.082.  RESTRAINT OF PREGNANT INMATE OR DEFENDANT.  
  (a)  A municipal or county jail may not use restraints to control
  the movement of a pregnant woman in the custody of the jail at any
  time during which the woman is in labor or delivery or recovering
  from delivery, unless the sheriff or another person with
  supervisory authority over the jail determines that the use of
  restraints is necessary to:
               (1)  ensure the safety and security of the woman or her
  infant, jail or medical personnel, or any member of the public; or
               (2)  prevent a substantial risk that the woman will
  attempt escape.
         (b)  If a determination to use restraints is made under
  Subsection (a), the type of restraint used and the manner in which
  the restraint is used must be the least restrictive available under
  the circumstances to ensure safety and security or to prevent
  escape.
         SECTION 4.  This Act takes effect September 1, 2009.
 
 
  ______________________________ ______________________________
     President of the Senate Speaker of the House     
 
 
         I certify that H.B. No. 3653 was passed by the House on May
  12, 2009, by the following vote:  Yeas 116, Nays 30, 2 present, not
  voting; that the House refused to concur in Senate amendments to
  H.B. No. 3653 on May 29, 2009, and requested the appointment of a
  conference committee to consider the differences between the two
  houses; and that the House adopted the conference committee report
  on H.B. No. 3653 on May 31, 2009, by the following vote:  Yeas 141,
  Nays 0, 1 present, not voting.
 
  ______________________________
  Chief Clerk of the House   
 
         I certify that H.B. No. 3653 was passed by the Senate, with
  amendments, on May 25, 2009, by the following vote:  Yeas 31, Nays
  0; at the request of the House, the Senate appointed a conference
  committee to consider the differences between the two houses; and
  that the Senate adopted the conference committee report on H.B. No.
  3653 on June 1, 2009, by the following vote:  Yeas 31, Nays 0.
 
  ______________________________
  Secretary of the Senate   
  APPROVED: __________________
                  Date       
   
           __________________
                Governor