| 1 | 1 | | 81R7231 HLT-D |
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| 2 | 2 | | By: Anchia H.B. No. 1868 |
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| 3 | 3 | | |
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| 4 | 4 | | |
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| 5 | 5 | | A BILL TO BE ENTITLED |
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| 6 | 6 | | AN ACT |
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| 7 | 7 | | relating to distribution of sexual barrier protection devices to |
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| 8 | 8 | | inmates and state jail defendants confined in facilities operated |
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| 9 | 9 | | by or under contract with the Texas Department of Criminal Justice |
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| 10 | 10 | | and the testing of certain inmates for HIV. |
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| 11 | 11 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 12 | 12 | | SECTION 1. Section 501.054(i), Government Code, is amended |
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| 13 | 13 | | to read as follows: |
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| 14 | 14 | | (i) The department may test an inmate confined in a facility |
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| 15 | 15 | | operated by the correctional institutions division for human |
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| 16 | 16 | | immunodeficiency virus at any time, but must test: |
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| 17 | 17 | | (1) during the diagnostic process, an inmate for whom |
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| 18 | 18 | | the department does not have a record of a positive test result; |
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| 19 | 19 | | [and] |
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| 20 | 20 | | (2) an inmate who is eligible for release before the |
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| 21 | 21 | | inmate is released from the division; and |
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| 22 | 22 | | (3) at least annually, an inmate: |
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| 23 | 23 | | (A) for whom the department does not have a |
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| 24 | 24 | | record of a positive test result; and |
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| 25 | 25 | | (B) who has not undergone testing under |
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| 26 | 26 | | Subdivision (1) or (2) during the last calendar year. |
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| 27 | 27 | | SECTION 2. Subchapter B, Chapter 501, Government Code, is |
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| 28 | 28 | | amended by adding Section 501.0541 to read as follows: |
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| 29 | 29 | | Sec. 501.0541. DISTRIBUTION OF SEXUAL BARRIER PROTECTION |
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| 30 | 30 | | DEVICES TO INMATES AND STATE JAIL DEFENDANTS. (a) In this section, |
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| 31 | 31 | | "sexual barrier protection device" means a device that: |
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| 32 | 32 | | (1) is approved by the United States Food and Drug |
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| 33 | 33 | | Administration; |
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| 34 | 34 | | (2) has not been tampered with; and |
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| 35 | 35 | | (3) reduces the probability of the transmission of a |
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| 36 | 36 | | sexually transmitted disease or infection between sexual partners. |
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| 37 | 37 | | (b) The department shall adopt a policy that: |
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| 38 | 38 | | (1) provides for the distribution of condoms, in |
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| 39 | 39 | | discreet locations at each unit or through health care providers at |
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| 40 | 40 | | each facility, to inmates and state jail defendants confined in |
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| 41 | 41 | | facilities operated by or under contract with the department; |
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| 42 | 42 | | (2) allows any nonprofit or public health care agency |
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| 43 | 43 | | to distribute sexual barrier protection devices to the persons |
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| 44 | 44 | | described by Subdivision (1); and |
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| 45 | 45 | | (3) provides for the disposal of used sexual barrier |
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| 46 | 46 | | protection devices in a manner that protects: |
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| 47 | 47 | | (A) the anonymity of inmates and state jail |
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| 48 | 48 | | defendants; and |
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| 49 | 49 | | (B) the health of department employees, inmates, |
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| 50 | 50 | | and state jail defendants. |
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| 51 | 51 | | (c) Possession of a sexual barrier protection device |
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| 52 | 52 | | distributed in accordance with the policy adopted under Subsection |
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| 53 | 53 | | (b) may not be used as evidence of illegal activity for purposes of |
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| 54 | 54 | | administrative sanctions against an inmate or state jail defendant. |
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| 55 | 55 | | SECTION 3. This Act takes effect immediately if it receives |
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| 56 | 56 | | a vote of two-thirds of all the members elected to each house, as |
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| 57 | 57 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 58 | 58 | | Act does not receive the vote necessary for immediate effect, this |
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| 59 | 59 | | Act takes effect September 1, 2009. |
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