87R10898 EAS-D
By: Moody H.B. No. 3714
A BILL TO BE ENTITLED
AN ACT
relating to the confinement of inmates who identify as transgender.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. Chapter 493, Government Code, is amended by
adding Section 493.034 to read as follows:
Sec. 493.034. POLICY AND TRAINING RELATED TO INMATES WHO
IDENTIFY AS TRANSGENDER. (a) The department shall adopt a policy
regarding the confinement of inmates who identify as transgender.
The policy must:
(1) ensure that a transgender inmate's privacy is
respected while confined, including with respect to:
(A) the inmate's use of bathroom and shower
facilities;
(B) conducting invasive searches of the inmate;
and
(C) the inmate's clothing and personal items; and
(2) provide a process for transgender inmates to
report harassment.
(b) The department shall provide training to each
correctional officer employed by the department regarding
transgender inmates and gender identity and the policy adopted
under Subsection (a).
SECTION 2. Subchapter A, Chapter 501, Government Code, is
amended by adding Section 501.028 to read as follows:
Sec. 501.028. INFORMATION CONCERNING INMATES WHO IDENTIFY
AS TRANSGENDER. (a) The department, during the diagnostic
process, shall record information relating to whether an inmate
identifies as transgender.
(b) The department shall maintain information obtained
under this section separate from the inmate's file and the
information may only be accessed by department employees when
necessary.
SECTION 3. Subchapter D, Chapter 501, Government Code, is
amended by adding Section 501.115 to read as follows:
Sec. 501.115. HOUSING OF INMATES WHO IDENTIFY AS
TRANSGENDER. The department shall house an inmate who identifies
as transgender in a facility, dormitory, or cellblock that houses
inmates of the gender with which the inmate identifies.
SECTION 4. As soon as practicable after the effective date
of this Act, the Texas Department of Criminal Justice shall adopt
the policy and training required by Section 493.034, Government
Code, as added by this Act.
SECTION 5. This Act takes effect September 1, 2021.