89R4411 MCF-D
 
  By: Cain H.B. No. 2538
 
 
 
A BILL TO BE ENTITLED
 
AN ACT
  relating to chemical castration treatment as a condition of parole
  for certain releasees; creating a criminal offense.
         BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
         SECTION 1.  Subchapter E, Chapter 508, Government Code, is
  amended by adding Section 508.14105 to read as follows:
         Sec. 508.14105.  CHEMICAL CASTRATION TREATMENT REQUIRED
  BEFORE RELEASE OF CERTAIN INMATES ON PAROLE. (a)  This section
  applies only to an inmate serving a sentence for an offense under
  Section 22.021(a)(2)(B), Penal Code, who has not received an
  orchiectomy under Section 501.061.
         (b)  Notwithstanding any other law, a parole panel may not
  release an inmate on parole unless the inmate has received chemical
  castration treatment, as defined by Section 508.1863, at least 30
  days before the date the inmate is scheduled to be released on
  parole.
         SECTION 2.  Subchapter F, Chapter 508, Government Code, is
  amended by adding Section 508.1863 to read as follows:
         Sec. 508.1863.  CHEMICAL CASTRATION TREATMENT. (a)  In this
  section, "chemical castration treatment" means the ongoing
  provision of a puberty-blocking drug to reduce, inhibit, or block
  the production of testosterone or other hormones or chemicals in a
  person's body.
         (b)  A parole panel shall require as a condition of release
  on parole that a releasee undergo chemical castration treatment if
  the releasee:
               (1)  is serving a sentence for an offense under Section
  22.021(a)(2)(B), Penal Code; and
               (2)  has not received an orchiectomy under Section
  501.061.
         (c)  Except as provided by Subsection (d), the releasee must
  pay for all costs associated with receiving chemical castration
  treatment.
         (d)  On request of a releasee, the board shall determine
  whether the releasee is indigent and shall waive the costs
  associated with undergoing chemical castration treatment if the
  board determines that the releasee is not capable of paying the
  costs associated with the treatment in the foreseeable future. The
  board may review its prior determination to waive costs under this
  subsection at any point during the releasee's period of parole and
  may require the releasee to begin or resume paying the costs of the
  treatment if the board determines that the releasee is no longer
  indigent.
         (e)  The board shall adopt rules and procedures necessary to
  implement this section, including rules establishing the frequency
  with which a releasee must receive chemical castration treatment.
         SECTION 3.  Chapter 38, Penal Code, is amended by adding
  Section 38.116 to read as follows:
         Sec. 38.116.  REFUSAL TO UNDERGO REQUIRED CHEMICAL
  CASTRATION TREATMENT. (a)  A person commits an offense if the
  person:
               (1)  is required to undergo chemical castration
  treatment as a condition of release on parole under Section
  508.1863, Government Code; and
               (2)  refuses to undergo the treatment.
         (b)  An offense under this section is a felony of the third
  degree.
         SECTION 4.  As soon as practicable after the effective date
  of this Act, the Board of Pardons and Paroles shall adopt the rules
  and procedures required by Section 508.1863, Government Code, as
  added by this Act.
         SECTION 5.  The change in law made by this Act applies only
  to a person who is released on parole for an offense committed on or
  after the effective date of this Act.  A person who is released on
  parole for an offense committed before the effective date of this
  Act is governed by the law in effect on the date the offense was
  committed, and the former law is continued in effect for that
  purpose.  For purposes of this section, an offense was committed
  before the effective date of this Act if any element of the offense
  occurred before that date.
         SECTION 6.  This Act takes effect September 1, 2025.