| 1 | 1 | | 87R10898 EAS-D |
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| 2 | 2 | | By: Moody H.B. No. 3714 |
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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 confinement of inmates who identify as transgender. |
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| 8 | 8 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 9 | 9 | | SECTION 1. Chapter 493, Government Code, is amended by |
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| 10 | 10 | | adding Section 493.034 to read as follows: |
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| 11 | 11 | | Sec. 493.034. POLICY AND TRAINING RELATED TO INMATES WHO |
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| 12 | 12 | | IDENTIFY AS TRANSGENDER. (a) The department shall adopt a policy |
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| 13 | 13 | | regarding the confinement of inmates who identify as transgender. |
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| 14 | 14 | | The policy must: |
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| 15 | 15 | | (1) ensure that a transgender inmate's privacy is |
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| 16 | 16 | | respected while confined, including with respect to: |
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| 17 | 17 | | (A) the inmate's use of bathroom and shower |
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| 18 | 18 | | facilities; |
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| 19 | 19 | | (B) conducting invasive searches of the inmate; |
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| 20 | 20 | | and |
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| 21 | 21 | | (C) the inmate's clothing and personal items; and |
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| 22 | 22 | | (2) provide a process for transgender inmates to |
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| 23 | 23 | | report harassment. |
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| 24 | 24 | | (b) The department shall provide training to each |
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| 25 | 25 | | correctional officer employed by the department regarding |
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| 26 | 26 | | transgender inmates and gender identity and the policy adopted |
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| 27 | 27 | | under Subsection (a). |
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| 28 | 28 | | SECTION 2. Subchapter A, Chapter 501, Government Code, is |
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| 29 | 29 | | amended by adding Section 501.028 to read as follows: |
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| 30 | 30 | | Sec. 501.028. INFORMATION CONCERNING INMATES WHO IDENTIFY |
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| 31 | 31 | | AS TRANSGENDER. (a) The department, during the diagnostic |
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| 32 | 32 | | process, shall record information relating to whether an inmate |
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| 33 | 33 | | identifies as transgender. |
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| 34 | 34 | | (b) The department shall maintain information obtained |
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| 35 | 35 | | under this section separate from the inmate's file and the |
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| 36 | 36 | | information may only be accessed by department employees when |
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| 37 | 37 | | necessary. |
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| 38 | 38 | | SECTION 3. Subchapter D, Chapter 501, Government Code, is |
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| 39 | 39 | | amended by adding Section 501.115 to read as follows: |
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| 40 | 40 | | Sec. 501.115. HOUSING OF INMATES WHO IDENTIFY AS |
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| 41 | 41 | | TRANSGENDER. The department shall house an inmate who identifies |
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| 42 | 42 | | as transgender in a facility, dormitory, or cellblock that houses |
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| 43 | 43 | | inmates of the gender with which the inmate identifies. |
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| 44 | 44 | | SECTION 4. As soon as practicable after the effective date |
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| 45 | 45 | | of this Act, the Texas Department of Criminal Justice shall adopt |
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| 46 | 46 | | the policy and training required by Section 493.034, Government |
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| 47 | 47 | | Code, as added by this Act. |
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| 48 | 48 | | SECTION 5. This Act takes effect September 1, 2021. |
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