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A BILL TO BE ENTITLED
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AN ACT
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relating to the detainment and housing of juveniles based on |
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biological sex. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. SHORT TITLE. This Act may be cited as the |
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Juvenile Girls Protection Act. |
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SECTION 2. Title 3, Chapter 51, Family Code, is amended by |
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adding Section 51.127 to read as follows: |
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Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL |
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SEX. (a) A juvenile may not be detained or housed in an applicable |
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detention or correctional facility provided by 51.12(a) that is |
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designed for the biological sex opposite to the juvenile's |
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biological sex as correctly determined by: |
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(1) the juvenile's official birth certificate, as |
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described by Subsection (b); or |
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(2) if the juvenile's official birth certificate |
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described by Subdivision (1) is unobtainable, another government |
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record that accurately states the juvenile's biological sex. |
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(b) For purposes of this section, a statement of a |
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juvenile's biological sex on the juvenile's official birth |
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certificate is considered to have correctly stated the juvenile's |
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biological sex only if the statement was: |
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(1) entered at or near the time of the juvenile's |
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birth; or |
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(2) modified to correct any type of scrivener or |
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clerical error in the juvenile's biological sex. |
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(c) The Department of Vital Statistics, or other applicable |
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state agency, may not impose a cost to the Texas Juvenile Justice |
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Department or an applicable detention or correctional facility |
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under this chapter for a request to obtain a juvenile's birth |
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certificate for the purposes of determining a juvenile's correct |
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biological sex under this section. |
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(e) Pursuant to the Prison Rape Elimination Act National |
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Standards for Juvenile Facilities (28 C.F.R., Part 115, Subpart D), |
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the Texas Juvenile Justice Department, or applicable detention |
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facility under this chapter, shall consider the unique safety needs |
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of each juvenile on a case by case basis, and shall take appropriate |
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action to ensure a juvenile's health and safety, so long as such |
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action does not conflict with the requirements of Subsection (a). |
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(f) The Texas Juvenile Justice Department shall adopt any |
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additional rules necessary to implement this section, provided that |
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those rules ensure compliance with state and federal law. |
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SECTION 3. Section 51.12(m), Family Code, is amended to |
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read as follows: |
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(m) The Texas Juvenile Justice Department may deny, |
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suspend, or revoke the registration of any facility required to |
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register under Subsection (i) if the facility fails to: |
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(1) adhere to all applicable minimum standards for the |
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facility; or |
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(2) timely correct any notice of noncompliance with |
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minimum standards. |
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(3) strictly comply with the requirements of Section |
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51.127. |
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SECTION 4. 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. |