Texas House Bill HB3213

Texas 2023 - 88th Regular

• Filed: 3/2/23

Caption

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

Impact

The bill proposes amendments to Title 3, Chapter 51 of the Family Code, emphasizing the need for a clear biological sex determination for juveniles during their detainment. By doing so, the legislation will affect existing policies governing juvenile justice facilities and their operational standards. It also stipulates that applicable state agencies cannot impose costs for obtaining birth certificates needed to verify a juvenile's biological sex. This could lead to significant administrative changes in how juvenile facilities operate in Texas.

Summary

House Bill 3213, titled the Juvenile Girls Protection Act, seeks to regulate the detainment and housing of juveniles based on their biological sex. The legislation stipulates that juveniles must not be housed in facilities designated for individuals of the opposite sex, based solely on the biological sex as recorded in official documents such as birth certificates. This measure aligns the state's juvenile housing policies with a defined standard and aims to enhance the safety and wellbeing of these individuals in detention settings.

Sentiment

The sentiment surrounding HB 3213 appears to be cautious and somewhat polarized, with supporters advocating for the protections it claims to offer for juvenile safety, while opponents may raise concerns regarding potential discrimination or limiting factors for transgender youth. Advocates argue that the bill prioritizes the physical safety of juveniles in detention centers, while critics may view it as a legislative move that could undermine the inclusivity and rights of non-cisgender youth.

Contention

Debate around HB 3213 may introduce points of contention regarding the definition of biological sex and its implications in juvenile justice systems. Critics worry the legislation could reinforce existing stereotypes and limit protections for juveniles who might not identify with their assigned sex at birth. As the bill progresses through legislative channels, discussions will likely explore the potential consequences for both juvenile safety and the overall operational standards of juvenile justice facilities throughout Texas.

Texas Constitutional Statutes Affected

Family Code

• Chapter 3. Marital Property Rights And Liabilities
  • Section: New Section