81R1628 HLT-D

By: Ellis S.B. No. 976

A BILL TO BE ENTITLED

AN ACT

relating to distribution of sexual barrier protection devices to inmates and state jail defendants confined in facilities operated by or under contract with the Texas Department of Criminal Justice.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Subchapter B, Chapter 501, Government Code, is amended by adding Section 501.0541 to read as follows:

Sec. 501.0541. DISTRIBUTION OF SEXUAL BARRIER PROTECTION DEVICES TO INMATES AND STATE JAIL DEFENDANTS. (a) In this section, "sexual barrier protection device" means a device, including a condom or a dental dam, that:

(1) is approved by the United States Food and Drug Administration;

(2) has not been tampered with; and

(3) reduces the probability of the transmission of a sexually transmitted disease or infection between sexual partners.

(b) The department shall adopt a policy that:

(1) provides for the distribution of condoms, in discreet locations at each unit or through health care providers at each facility, to inmates and state jail defendants confined in facilities operated by or under contract with the department;

(2) allows any nonprofit or public health care agency to distribute sexual barrier protection devices to the persons described by Subdivision (1); and

(3) provides for the disposal of used sexual barrier protection devices in a manner that protects:

(A) the anonymity of inmates and state jail defendants; and

(B) the health of department employees, inmates, and state jail defendants.

(c) Possession of a sexual barrier protection device distributed in accordance with the policy adopted under Subsection (b) may not be used as evidence of illegal activity for purposes of administrative sanctions against an inmate or state jail defendant.

SECTION 2. This Act takes effect immediately if it receives a vote of two-thirds of all the members elected to each house, as provided by Section 39, Article III, Texas Constitution. If this Act does not receive the vote necessary for immediate effect, this Act takes effect September 1, 2009.