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A BILL TO BE ENTITLED
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AN ACT
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relating to the protection of the free exercise of religion rights |
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of inmates and ensuring access to volunteer and faith-based |
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chaplains and chaplaincy services. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.009, Government Code, is amended to |
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read as follows: |
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Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS; |
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CHAPLAINS; REPORT. (a) The department shall adopt a policy that |
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requires each warden to identify volunteer and faith-based |
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organizations that provide programs and services for inmates housed |
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in facilities operated by the department, including through |
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programs and services provided by volunteer and faith-based |
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chaplains. The policy must require each warden to actively |
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encourage volunteer and faith-based organizations to provide the |
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following programs for inmates in the warden's facility: |
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(1) literacy and education programs; |
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(2) life skills programs; |
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(3) job skills programs; |
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(4) parent-training programs; |
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(5) drug and alcohol rehabilitation programs; |
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(6) support group programs; |
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(7) arts and crafts programs; and |
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(8) other programs and services determined by the |
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department to aid inmates in the transition between confinement and |
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society and to reduce incidence of recidivism among inmates. |
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(b) The policy adopted by the department must ensure that |
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inmates have access to the programs and services of volunteer and |
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faith-based chaplains. The department shall ensure that a |
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volunteer and faith-based chaplain employed or formally designated |
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for each facility are able to: |
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(1) conduct religious services; |
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(2) provide pastoral care or spiritual guidance; and |
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(3) otherwise support inmates in the facility who wish |
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to receive or participate in those programs or services. |
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(c) Access to chaplains must be reasonably facilitated to |
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the extent that is one is available and willing to minister to |
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inmates. Any limitation of inmate access chaplains must be done in |
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the least restrictive means without presenting an undue burden or |
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endangering the safety and security of the facility. |
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(d) An inmate whose free exercise of religion has been |
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substantially burdened by a policy adopted under this section may |
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file a claim under an inmate grievance system, including an inmate |
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grievance system required under Section 501.008, Government Code, |
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or pursue any other remedy as allowed by the laws of the State of |
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Texas or provided for under the United States Constitution or Texas |
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Constitution. |
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[(b)] (e) The policy must require that each warden submit a |
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report to the board not later than December 31 of each year that |
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includes, for the preceding fiscal year, a summary of: |
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(1) the programs and services provided to inmates |
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under this section; [and] |
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(2) the actions taken by the warden to identify |
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volunteer and faith-based organizations and chaplains willing to |
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provide programs and services to inmates and to encourage those |
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organizations to provide programs in the warden's facility[.]; |
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(3) any documentation related to a claim, defense, or |
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other legal action arising from an allegation or violation of an |
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inmate's free exercise of religion rights; and |
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(4) any remedy or accommodation made taken by the |
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facility to resolve the claim or remove the burden. |
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SECTION 2. This Act takes effect September 1, 2021. |