Texas 2021 - 87th Regular

Texas Senate Bill SB654 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	2021S0077-1 02/08/21
2	2	By: Bettencourt, LucioSpringer S.B. No. 654
3	3
4	4
5	5	A BILL TO BE ENTITLED
6	6	AN ACT
7	7	relating to protecting the right to free exercise of religion and
8	8	ensuring access to volunteer and faith-based chaplains and
9	9	chaplaincy services for inmates.
10	10	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
11	11	SECTION 1. Section 501.009, Government Code, is amended to
12	12	read as follows:
13	13	Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS;
14	14	CHAPLAINS; REPORT. (a) The department shall adopt a policy that
15	15	requires each warden to identify volunteer and faith-based
16	16	organizations and chaplains that provide programs and services for
17	17	inmates housed in facilities operated by the department. The
18	18	policy must require each warden to actively encourage volunteer and
19	19	faith-based organizations and chaplains to provide the following
20	20	programs for inmates in the warden's facility:
21	21	(1) literacy and education programs;
22	22	(2) life skills programs;
23	23	(3) job skills programs;
24	24	(4) parent-training programs;
25	25	(5) drug and alcohol rehabilitation programs;
26	26	(6) support group programs;
27	27	(7) arts and crafts programs; and
28	28	(8) other programs and services determined by the
29	29	department to aid inmates in the transition between confinement and
30	30	society and to reduce incidence of recidivism among inmates.
31	31	(b) The policy adopted by the department must ensure that
32	32	inmates have access to the programs and services of volunteer and
33	33	faith-based chaplains. The department shall ensure that a
34	34	volunteer or faith-based chaplain formally designated for or
35	35	employed by each facility is able to:
36	36	(1) conduct religious services;
37	37	(2) provide pastoral care or spiritual guidance; and
38	38	(3) otherwise support inmates in the facility who wish
39	39	to receive or participate in those programs or services.
40	40	(c) Access to chaplains shall be reasonably facilitated to
41	41	the extent that one is available and willing to minister to inmates.
42	42	Any limitation on inmate access to a chaplain must be imposed in the
43	43	least restrictive manner, which may not:
44	44	(1) place an undue burden on:
45	45	(A) a chaplain; or
46	46	(B) an inmate's free exercise of religion; or
47	47	(2) endanger the safety or security of the facility.
48	48	(d) An inmate whose free exercise of religion has been
49	49	substantially burdened by a policy adopted under this section may:
50	50	(1) file a claim under an inmate grievance system,
51	51	including an inmate grievance system required under Section
52	52	501.008; or
53	53	(2) pursue any other remedy as allowed by law.
54	54	(e) The policy adopted by the department must require that
55	55	each warden submit a report to the board not later than December 31
56	56	of each year that includes, for the preceding fiscal year, a summary
57	57	of:
58	58	(1) the programs and services provided to inmates
59	59	under this section; [and]
60	60	(2) the actions taken by the warden to identify
61	61	volunteer and faith-based organizations and chaplains willing to
62	62	provide programs and services to inmates and to encourage those
63	63	organizations and chaplains to provide programs and services in the
64	64	warden's facility;
65	65	(3) any documentation related to a claim, defense, or
66	66	other legal action arising from an alleged violation of an inmate's
67	67	right to free exercise of religion; and
68	68	(4) any accommodation made or remedy undertaken by the
69	69	facility to resolve a claim of an inmate's right to free exercise of
70	70	religion having been burdened or violated.
71	71	SECTION 2. This Act takes effect September 1, 2021.