Texas 2025 - 89th Regular

Texas House Bill HB437

Filed
11/12/24  
Out of Senate Committee
 
Voted on by Senate
 
Governor Action
 
Bill Becomes Law
 

Caption

Relating to the placement of children in a detention or correctional facility according to biological sex.

Impact

The implementation of HB 437 is likely to have significant effects on state laws regarding juvenile justice and the operation of detention facilities. It amends existing Family Code provisions to specify that placement decisions must be grounded in biological sex as documented by birth certificates, reinforcing state standards for the treatment of children in judicial settings. The bill also implies that facilities might face stringent oversight and regulation to comply with these requirements, potentially influencing operational policies within juvenile justice facilities.

Summary

House Bill 437, also known as the Juvenile Girls Protection Act, seeks to establish clear guidelines for the placement of children in detention or correctional facilities based on their biological sex. The bill stipulates that decisions regarding a child's placement must be determined by the child's official birth certificate or, if unavailable, another government record that specifies the child's biological sex. This aims to ensure that children are placed in facilities that align with their biological sex, reflecting a commitment to the safety and appropriate treatment of juveniles in the justice system.

Sentiment

The sentiment surrounding HB 437 reflects a degree of polarization. Proponents of the bill, including some legislators, argue that it is necessary for safeguarding the welfare of children by ensuring that those placed in detention are housed in an environment that aligns with their biological sex. Critics, however, express concerns that this approach may overlook the complexities of gender identity and how it relates to the emotional and psychological well-being of youth in the juvenile system.

Contention

A notable point of contention regarding HB 437 revolves around the implications of strictly adhering to biological sex in placement decisions. Critics highlight that this could marginalize transgender youth or those whose gender identity does not align with their biological sex, raising concerns about their safety and mental health within the juvenile justice system. As such, while the bill aims to prioritize safety, it also introduces debates regarding inclusivity and the rights of children in correctional settings, calling for careful consideration of all aspects of juvenile welfare.

Texas Constitutional Statutes Affected

Family Code

  • Chapter 51. General Provisions
    • Section: 12
    • Section: New Section
    • Section: New Section
    • Section: 12
    • Section: New Section

Companion Bills

No companion bills found.

Previously Filed As

TX HB3147

Relating to the detainment and housing of juveniles and inmates based on biological sex.

TX HB3213

Relating to the detainment and housing of juveniles based on biological sex.

TX HB2862

Relating to the confinement of inmates according to biological sex.

TX HB5195

Relating to the services provided to certain children detained in a juvenile detention facility.

TX HB3075

Relating to the operation of an unmanned aircraft over a correctional facility or detention facility; creating a criminal offense.

TX SB1179

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX HB23

Relating to participation in athletic activities based on biological sex; providing a civil right to action for K-12 athletes and college athletes.

TX HB4886

Relating to sexually violent predators and the prosecution of certain offenses involving prohibited items at correctional or civil commitment facilities; creating a criminal offense.

TX SB649

Relating to participation in athletic activities based on biological sex; providing a civil right to action for K-12 athletes and college athletes.

TX HB3363

Relating to the confinement or detention of certain individuals in a county jail or other facility operated by or for the county and to the compensation to the county for the costs of that confinement or detention.

Similar Bills

No similar bills found.