| 1 | 1 | | By: Swanson H.B. No. 2862 |
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| 2 | 2 | | |
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| 3 | 3 | | |
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| 4 | 4 | | A BILL TO BE ENTITLED |
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| 5 | 5 | | AN ACT |
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| 6 | 6 | | relating to the confinement of inmates according to biological sex. |
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| 7 | 7 | | BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: |
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| 8 | 8 | | SECTION 1. Subchapter D, Chapter 501, Government Code, is |
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| 9 | 9 | | amended by adding Section 501.115 to read as follows: |
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| 10 | 10 | | Sec. 501.115. HOUSING OF INMATES ACCORDING TO BIOLOGICAL |
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| 11 | 11 | | SEX. (a) The department, or institutional division under the |
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| 12 | 12 | | jurisdiction of the department, may not allow an inmate to be housed |
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| 13 | 13 | | in a cell block, dormitory, temporary housing, or correctional |
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| 14 | 14 | | facility that is designed for the biological sex opposite to the |
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| 15 | 15 | | inmate's biological sex as correctly determined by: |
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| 16 | 16 | | (1) the inmate's sex organs, determined at the initial |
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| 17 | 17 | | intake screening required under the Prison Rape Elimination Act |
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| 18 | 18 | | National Standards(28 C.F.R. Section 115.41); or |
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| 19 | 19 | | (2) the inmate's official birth certificate, as |
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| 20 | 20 | | described by Subsection (b). |
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| 21 | 21 | | (b) For purposes of this section, a statement of an inmate's |
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| 22 | 22 | | biological sex on the inmate's official birth certificate is |
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| 23 | 23 | | considered to have correctly stated the inmate's biological sex |
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| 24 | 24 | | only if the statement was: |
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| 25 | 25 | | (1) entered at or near the time of the inmate's birth; |
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| 26 | 26 | | or |
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| 27 | 27 | | (2) modified to correct any type of scrivener or |
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| 28 | 28 | | clerical error in the inmate's biological sex. |
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| 29 | 29 | | (c) If there is a conflict or discrepancy between |
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| 30 | 30 | | Subsections (a)(1) and (a)(2), the department, or institutional |
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| 31 | 31 | | division under the jurisdiction of the department shall defer to |
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| 32 | 32 | | the inmate's official birth certificate, as described by Subsection |
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| 33 | 33 | | (b), for the purposes of determining an inmate's biological sex. |
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| 34 | 34 | | (d) The Department of Vital Statistics, or other applicable |
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| 35 | 35 | | state agency, may not impose a cost to the department, or |
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| 36 | 36 | | institutional division under the jurisdiction of the department for |
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| 37 | 37 | | a request to obtain an inmate's birth certificate for the purposes |
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| 38 | 38 | | of determining an inmate's correct biological sex under this |
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| 39 | 39 | | section. |
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| 40 | 40 | | (e) Pursuant to the Prison Rape Elimination Act National |
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| 41 | 41 | | Standards (28 C.F.R., Part 115), the department, or institutional |
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| 42 | 42 | | division under the jurisdiction of the department shall consider |
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| 43 | 43 | | the unique safety needs of each inmate on a case by case basis, and |
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| 44 | 44 | | shall take appropriate action to ensure an inmate's health and |
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| 45 | 45 | | safety, so long as such action does not conflict with Subsection |
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| 46 | 46 | | (a). |
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| 47 | 47 | | SECTION 2. This Act takes effect immediately if it receives |
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| 48 | 48 | | a vote of two-thirds of all the members elected to each house, as |
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| 49 | 49 | | provided by Section 39, Article III, Texas Constitution. If this |
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| 50 | 50 | | Act does not receive the vote necessary for immediate effect, this |
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| 51 | 51 | | Act takes effect September 1, 2023. |
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