81R10492 KCR-D By: Turner of Harris H.B. No. 3055 A BILL TO BE ENTITLED AN ACT relating to the racial and ethnic classification of individuals confined in the criminal and juvenile justice systems. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: SECTION 1. Section 501.001, Government Code, is amended to read as follows: Sec. 501.001. DISCRIMINATION AGAINST INMATES PROHIBITED; DOCUMENTATION OF RACE OR ETHNICITY. (a) The department [institutional division and the director of the institutional division] may not discriminate against an inmate on the basis of the inmate's sex, race, color, creed, or national origin. (b) When it is necessary for the department to document the race or ethnicity of an inmate or state jail defendant, the department shall ensure that: (1) on any preprinted or computerized form, a sufficient number of categories of race and ethnicity exist to adequately reflect the race or ethnicity of the inmate or state jail defendant; and (2) the race or ethnicity of the inmate or state jail defendant is documented as stated by the inmate or state jail defendant. SECTION 2. Subchapter B, Chapter 61, Human Resources Code, is amended by adding Section 61.025 to read as follows: Sec. 61.025. DOCUMENTATION OF RACE OR ETHNICITY. When it is necessary for the commission to document the race or ethnicity of a child, the department shall ensure that: (1) on any preprinted or computerized form, a sufficient number of categories of race and ethnicity exist to adequately reflect the race or ethnicity of the child; and (2) the child's race or ethnicity is documented as stated by the child or the child's parent or legal guardian. SECTION 3. The Texas Department of Criminal Justice and the Texas Youth Commission shall make any modifications to preprinted or computerized forms necessary to comply with Section 501.001(b)(1), Government Code, as added by this Act, or Section 61.025(1), Human Resources Code, as added by this Act, as applicable, not later than January 1, 2010. SECTION 4. This Act takes effect September 1, 2009.