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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 according to biological sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. 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 ACCORDING TO BIOLOGICAL |
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SEX. (a) The department, or institutional division under the |
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jurisdiction of the department, may not allow an inmate to be housed |
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in a cell block, dormitory, temporary housing, or correctional |
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facility that is designed for the biological sex opposite to the |
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inmate's biological sex as correctly determined by: |
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(1) the inmate's sex organs, determined at the initial |
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intake screening required under the Prison Rape Elimination Act |
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National Standards(28 C.F.R. Section 115.41); or |
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(2) the inmate's official birth certificate, as |
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described by Subsection (b). |
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(b) For purposes of this section, a statement of an inmate's |
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biological sex on the inmate's official birth certificate is |
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considered to have correctly stated the inmate's biological sex |
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only if the statement was: |
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(1) entered at or near the time of the inmate's birth; |
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or |
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(2) modified to correct any type of scrivener or |
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clerical error in the inmate's biological sex. |
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(c) If there is a conflict or discrepancy between |
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Subsections (a)(1) and (a)(2), the department, or institutional |
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division under the jurisdiction of the department shall defer to |
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the inmate's official birth certificate, as described by Subsection |
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(b), for the purposes of determining an inmate's biological sex. |
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(d) The Department of Vital Statistics, or other applicable |
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state agency, may not impose a cost to the department, or |
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institutional division under the jurisdiction of the department for |
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a request to obtain an inmate's birth certificate for the purposes |
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of determining an inmate's correct biological sex under this |
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section. |
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(e) Pursuant to the Prison Rape Elimination Act National |
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Standards (28 C.F.R., Part 115), the department, or institutional |
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division under the jurisdiction of the department shall consider |
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the unique safety needs of each inmate on a case by case basis, and |
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shall take appropriate action to ensure an inmate's health and |
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safety, so long as such action does not conflict with Subsection |
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(a). |
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SECTION 2. This Act takes effect immediately if it receives |
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a vote of two-thirds of all the members elected to each house, as |
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provided by Section 39, Article III, Texas Constitution. If this |
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Act does not receive the vote necessary for immediate effect, this |
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Act takes effect September 1, 2023. |