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A BILL TO BE ENTITLED
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AN ACT
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relating to protecting the right to free exercise of religion and |
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ensuring access to volunteer and faith-based chaplains and |
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chaplaincy services for inmates. |
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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 and chaplains that provide programs and services for |
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inmates housed in facilities operated by the department. The |
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policy must require each warden to actively encourage volunteer and |
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faith-based organizations and chaplains to provide the following |
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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 or faith-based chaplain formally designated for or |
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employed by each facility is 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 shall be reasonably facilitated to |
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the extent that one is available and willing to minister to inmates. |
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Any limitation on inmate access to a chaplain must be imposed in the |
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least restrictive manner, which may not: |
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(1) place an undue burden on: |
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(A) a chaplain; or |
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(B) an inmate's free exercise of religion; or |
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(2) endanger the safety or 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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(1) file a claim under an inmate grievance system, |
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including an inmate grievance system required under Section |
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501.008; or |
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(2) pursue any other remedy as allowed by law. |
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(e) The policy adopted by the department must require that |
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each warden submit a report to the board not later than December 31 |
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of each year that includes, for the preceding fiscal year, a summary |
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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 and chaplains to provide programs and services in the |
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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 alleged violation of an inmate's |
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right to free exercise of religion; and |
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(4) any accommodation made or remedy undertaken by the |
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facility to resolve a claim of an inmate's right to free exercise of |
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religion having been burdened or violated. |
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SECTION 2. This Act takes effect September 1, 2021. |