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A BILL TO BE ENTITLED
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AN ACT
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relating to the confinement of inmates who identify as transgender. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Chapter 493, Government Code, is amended by |
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adding Section 493.034 to read as follows: |
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Sec. 493.034. POLICY AND TRAINING RELATED TO INMATES WHO |
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IDENTIFY AS TRANSGENDER. (a) The department shall adopt a policy |
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regarding the confinement of inmates who identify as transgender. |
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The policy must: |
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(1) ensure that a transgender inmate's privacy is |
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respected while confined, including with respect to: |
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(A) the inmate's use of bathroom and shower |
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facilities; |
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(B) conducting invasive searches of the inmate; |
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and |
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(C) the inmate's clothing and personal items; and |
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(2) provide a process for transgender inmates to |
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report harassment. |
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(b) The department shall provide training to each |
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correctional officer employed by the department regarding |
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transgender inmates and gender identity and the policy adopted |
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under Subsection (a). |
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SECTION 2. Subchapter A, Chapter 501, Government Code, is |
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amended by adding Section 501.028 to read as follows: |
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Sec. 501.028. INFORMATION CONCERNING INMATES WHO IDENTIFY |
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AS TRANSGENDER. (a) The department, during the diagnostic |
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process, shall record information relating to whether an inmate |
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identifies as transgender. |
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(b) The department shall maintain information obtained |
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under this section separate from the inmate's file and the |
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information may only be accessed by department employees when |
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necessary. |
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SECTION 3. Subchapter D, Chapter 501, Government Code, is |
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amended by adding Section 501.115 to read as follows: |
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Sec. 501.115. HOUSING OF INMATES WHO IDENTIFY AS |
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TRANSGENDER. The department shall house an inmate who identifies |
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as transgender in a facility, dormitory, or cellblock that houses |
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inmates of the gender with which the inmate identifies. |
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SECTION 4. As soon as practicable after the effective date |
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of this Act, the Texas Department of Criminal Justice shall adopt |
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the policy and training required by Section 493.034, Government |
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Code, as added by this Act. |
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SECTION 5. This Act takes effect September 1, 2021. |