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A BILL TO BE ENTITLED
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AN ACT
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relating to AIDS, HIV, and hepatitis education and testing for |
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inmates, state jail defendants, and employees of the Texas |
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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. Section 501.054, Government Code, is amended to |
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read as follows: |
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Sec. 501.054. AIDS, [AND] HIV, AND HEPATITIS EDUCATION; |
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TESTING. (a) In this section: |
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(1) [,] "AIDS[,]" and "HIV[,]" [and "test result"] |
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have the meanings assigned by Section 81.101, Health and Safety |
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Code. |
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(2) "Test result" means any statement that indicates |
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that an individual has or has not been tested for a particular |
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disease or condition. The term includes a test result described by |
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Section 81.101, Health and Safety Code. |
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(b) The department, in consultation with the [Texas] |
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Department of State Health Services, shall establish education |
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programs to educate inmates and employees of the department about |
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AIDS, [and] HIV, and hepatitis. In establishing the programs for |
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inmates, the department shall design a program that deals with |
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issues related to AIDS, [and] HIV, and hepatitis that are relevant |
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to inmates while confined and a program that deals with issues |
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related to AIDS, [and] HIV, and hepatitis that will be relevant to |
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inmates after the inmates are released. The department shall design |
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the programs to take into account relevant cultural and other |
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differences among inmates. The department shall require each |
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inmate in a facility operated by the department to participate in |
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education programs established under this subsection. |
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(c) The department shall require each employee of the |
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department to participate in programs established under this |
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section at least once during each calendar year. |
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(d) The department shall ensure that education programs for |
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employees include information and training relating to infection |
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control procedures. The department shall also ensure that |
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employees have infection control supplies and equipment readily |
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available. |
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(e) The department, in consultation with the [Texas] |
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Department of State Health Services, shall periodically revise |
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education programs established under this section so that the |
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programs reflect the latest medical information available on AIDS, |
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[and] HIV, and hepatitis. |
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(f) The department shall adopt a policy for handling persons |
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who have [with] AIDS or hepatitis or are infected with HIV and |
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[infection who] are in the custody of the department or under the |
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department's supervision. The policy for handling persons who have |
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AIDS or are infected with HIV must be substantially similar to a |
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model policy developed [by the Texas Department of Health] under |
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Subchapter G, Chapter 85, Health and Safety Code. |
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(g) The department shall maintain the confidentiality of |
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test results of an inmate indicating the presence of AIDS, |
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hepatitis, or HIV infection at all times, including after the |
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inmate's discharge, release from a state jail, or release on parole |
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or mandatory supervision. The department may not honor the request |
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of an agency of the state or any person who requests a test result as |
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a condition of housing or supervising the inmate while the inmate is |
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on community supervision or parole or mandatory supervision, unless |
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honoring the request would improve the ability of the inmate to |
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obtain essential health and social services. |
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(h) The department shall report to the legislature not later |
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than January 15 of each odd-numbered year concerning the |
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implementation of this section and the participation of inmates and |
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employees of the department in education programs established under |
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this section. |
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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 AIDS, |
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hepatitis, or HIV infection [human immunodeficiency virus] at any |
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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; 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. |
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(j) If the department determines that an inmate has a |
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positive test result, the department may segregate the inmate from |
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other inmates. The department shall report the results of a |
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positive test to the Department of State Health Services for the |
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purposes of notification and reporting as described by Sections |
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81.050-81.052, Health and Safety Code. |
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SECTION 2. Section 507.023, Government Code, is amended to |
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read as follows: |
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Sec. 507.023. AIDS, [AND] HIV, AND HEPATITIS EDUCATION; |
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TESTING. (a) The department [state jail division] shall establish |
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and provide education programs to educate [state jail division] |
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employees at and defendants in state jail felony facilities about |
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AIDS, [and] HIV, and hepatitis in the same manner as the department |
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[institutional division] establishes and provides programs for |
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employees and inmates under Section 501.054. |
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(b) The department [state jail division] shall adopt a |
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policy for handling a defendant with AIDS, [or] HIV, or hepatitis |
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and shall test a defendant for AIDS, hepatitis, or HIV infection in |
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the same manner and subject to the same conditions as apply to an |
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inmate [the institutional division] under Section 501.054. |
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(c) In this section, "AIDS" and "HIV" have the meanings |
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assigned by Section 81.101, Health and Safety Code. |
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SECTION 3. The Texas Department of Criminal Justice shall |
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establish the programs, adopt the policies, and initiate the |
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testing procedures required by Sections 501.054 and 507.023, |
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Government Code, as amended by this Act, not later than January 1, |
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2014. |
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SECTION 4. This Act takes effect September 1, 2013. |