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A BILL TO BE ENTITLED
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AN ACT
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relating to certain searches of female inmates by the Texas |
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Department of Criminal Justice. |
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BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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SECTION 1. Section 501.026, Government Code, is amended to |
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read as follows: |
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Sec. 501.026. LIMITATION ON CERTAIN SEARCHES. (a) The |
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department shall adopt a policy regarding a search of any room or |
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other area that occurs while a female inmate who is not fully |
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clothed is present in the room or area. The policy must: |
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(1) require that the search be conducted by a female |
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correctional officer if one is available; |
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(2) include staffing procedures to ensure the |
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availability of female officers; and |
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(3) provide that if it is necessary for a male |
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correctional officer to conduct the search, the officer must submit |
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a written report explaining the reasons for the search to the warden |
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not later than 72 hours after the search. |
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(b) The department shall adopt a policy regarding a search |
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of a female inmate who is accessing programs offered to inmates in |
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the custody of the department, including educational, vocational, |
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substance use treatment, rehabilitation, life skills training, and |
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prerelease programs. The policy may not permit a visual body cavity |
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search except in exigent circumstances or under a reasonable |
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suspicion that a visual body cavity search is warranted. |
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(c) For purposes of Subsection (b): |
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(1) "Exigent circumstances" means a set of temporary |
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and unforeseen circumstances that require immediate action in order |
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to combat a threat to the security or institutional order of a |
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facility. The term does not include routine access to programs |
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offered to an inmate in the custody of the department, including |
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educational, vocational, substance use treatment, rehabilitation, |
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life skills training, and prerelease programs. |
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(2) "Visual body cavity search" means the observation |
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of an inmate with all clothing removed to permit a visual inspection |
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of the inmate's anal or genital opening. |
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SECTION 2. 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 required by Section 501.026(b), Government Code, as |
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added by this Act. |
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SECTION 3. 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, 2025. |