| 1 | 1 | | 81R10492 KCR-D |
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| 2 | 2 | | By: Turner of Harris H.B. No. 3055 |
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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 the racial and ethnic classification of individuals |
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| 8 | 8 | | confined in the criminal and juvenile justice systems. |
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| 9 | 9 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 10 | 10 | | SECTION 1. Section 501.001, Government Code, is amended to |
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| 11 | 11 | | read as follows: |
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| 12 | 12 | | Sec. 501.001. DISCRIMINATION AGAINST INMATES PROHIBITED; |
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| 13 | 13 | | DOCUMENTATION OF RACE OR ETHNICITY. (a) The department |
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| 14 | 14 | | [institutional division and the director of the institutional |
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| 15 | 15 | | division] may not discriminate against an inmate on the basis of the |
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| 16 | 16 | | inmate's sex, race, color, creed, or national origin. |
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| 17 | 17 | | (b) When it is necessary for the department to document the |
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| 18 | 18 | | race or ethnicity of an inmate or state jail defendant, the |
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| 19 | 19 | | department shall ensure that: |
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| 20 | 20 | | (1) on any preprinted or computerized form, a |
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| 21 | 21 | | sufficient number of categories of race and ethnicity exist to |
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| 22 | 22 | | adequately reflect the race or ethnicity of the inmate or state jail |
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| 23 | 23 | | defendant; and |
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| 24 | 24 | | (2) the race or ethnicity of the inmate or state jail |
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| 25 | 25 | | defendant is documented as stated by the inmate or state jail |
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| 26 | 26 | | defendant. |
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| 27 | 27 | | SECTION 2. Subchapter B, Chapter 61, Human Resources Code, |
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| 28 | 28 | | is amended by adding Section 61.025 to read as follows: |
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| 29 | 29 | | Sec. 61.025. DOCUMENTATION OF RACE OR ETHNICITY. When it is |
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| 30 | 30 | | necessary for the commission to document the race or ethnicity of a |
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| 31 | 31 | | child, the department shall ensure that: |
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| 32 | 32 | | (1) on any preprinted or computerized form, a |
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| 33 | 33 | | sufficient number of categories of race and ethnicity exist to |
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| 34 | 34 | | adequately reflect the race or ethnicity of the child; and |
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| 35 | 35 | | (2) the child's race or ethnicity is documented as |
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| 36 | 36 | | stated by the child or the child's parent or legal guardian. |
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| 37 | 37 | | SECTION 3. The Texas Department of Criminal Justice and the |
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| 38 | 38 | | Texas Youth Commission shall make any modifications to preprinted |
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| 39 | 39 | | or computerized forms necessary to comply with Section |
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| 40 | 40 | | 501.001(b)(1), Government Code, as added by this Act, or Section |
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| 41 | 41 | | 61.025(1), Human Resources Code, as added by this Act, as |
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| 42 | 42 | | applicable, not later than January 1, 2010. |
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| 43 | 43 | | SECTION 4. This Act takes effect September 1, 2009. |
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