Texas 2023 - 88th Regular

Texas House Bill HB3147 Compare Versions

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1	1	By: Swanson H.B. No. 3147
2	2
3	3
4	4	A BILL TO BE ENTITLED
5	5	AN ACT
6	6	relating to the detainment and housing of juveniles and inmates
7	7	based on biological sex.
8	8	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
9	9	SECTION 1. SHORT TITLE. This Act may be cited as the Female
10	10	Prisoner Protection Act.
11	11	SECTION 2. The legislature finds that:
12	12	(1) courts have repeatedly affirmed that the
13	13	separation of inmates by sex is unquestionably constitutional so
14	14	long as it serves a government interest. Women Prisoners v.
15	15	District of Columbia, 93 F.3d 910, 926 (D.C. Cir. 1996);
16	16	(2) courts have affirmed that the government cannot
17	17	lawfully act in a manner that evinces the belief that women are
18	18	second-class citizens or unworthy of the consideration provided
19	19	male offenders. Pitts v. Thornburgh, 866 F.2d 1450, 1459 (D.C. Cir.
20	20	1989); and
21	21	(3) courts have repeatedly recognized that a
22	22	correctional system has a right to ensure women are protected from
23	23	sexual abuse and physical violence, as well as have equal access to
24	24	all inmate rights, correctional programs, and opportunities for
25	25	rehabilitation.
26	26	SECTION 3. The purpose of the Act is to further the
27	27	governmental interest of ensuring that females detained in adult or
28	28	juvenile correctional facilities are protected throughout their
29	29	sentence and have equal, safe access to basic facilities afforded
30	30	to prisoners.
31	31	SECTION 4. Subchapter D, Chapter 501, Government Code, is
32	32	amended by adding Section 501.115 to read as follows:
33	33	Sec. 501.115. HOUSING OF INMATES ACCORDING TO BIOLOGICAL
34	34	SEX. (a) The department, or institutional division under the
35	35	jurisdiction of the department, may not allow an inmate to be housed
36	36	in a cell block, dormitory, temporary housing, or correctional
37	37	facility that is designed for the biological sex opposite to the
38	38	inmate's biological sex as correctly determined by:
39	39	(1) the inmate's sex organs, determined at the initial
40	40	intake screening required under the Prison Rape Elimination Act
41	41	National Standards(28 C.F.R. Section 115.41); or
42	42	(2) the inmate's official birth certificate, as
43	43	described by Subsection (b).
44	44	(b) For purposes of this section, a statement of an inmate's
45	45	biological sex on the inmate's official birth certificate is
46	46	considered to have correctly stated the inmate's biological sex
47	47	only if the statement was:
48	48	(1) entered at or near the time of the inmate's birth;
49	49	or
50	50	(2) modified to correct any type of scrivener or
51	51	clerical error in the inmate's biological sex.
52	52	(c) If there is a conflict or discrepancy between
53	53	Subsections (a)(1) and (a)(2), the department, or institutional
54	54	division under the jurisdiction of the department shall defer to
55	55	the inmate's official birth certificate, as described by Subsection
56	56	(b), for the purposes of determining an inmate's biological sex.
57	57	(d) The Department of Vital Statistics, or other applicable
58	58	state agency, may not impose a cost to the department, or
59	59	institutional division under the jurisdiction of the department for
60	60	a request to obtain an inmate's birth certificate for the purposes
61	61	of determining an inmate's correct biological sex under this
62	62	section.
63	63	(e) Pursuant to the Prison Rape Elimination Act National
64	64	Standards (28 C.F.R., Part 115), the department, or institutional
65	65	division under the jurisdiction of the department shall consider
66	66	the unique safety needs of each inmate on a case by case basis, and
67	67	shall take appropriate action to ensure an inmate's health and
68	68	safety, so long as such action does not conflict with the
69	69	requirements of Subsection (a).
70	70	(f) The Texas Department of Criminal Justice shall adopt any
71	71	additional rules necessary to implement this section, provided that
72	72	those rules ensure compliance with state and federal law.
73	73	SECTION 5. Title 3, Chapter 51, Family Code, is amended by
74	74	adding Section 51.127 to read as follows:
75	75	Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL
76	76	SEX. (a) A juvenile may not be detained or housed in an applicable
77	77	detention or correctional facility provided by 51.12(a) that is
78	78	designed for the biological sex opposite to the juvenile's
79	79	biological sex as correctly determined by:
80	80	(1) the juvenile's official birth certificate, as
81	81	described by Subsection (b); or
82	82	(2) if the juvenile's official birth certificate
83	83	described by Subdivision (1) is unobtainable, another government
84	84	record that accurately states the juvenile's biological sex.
85	85	(b) For purposes of this section, a statement of an
86	86	juvenile's biological sex on the juvenile's official birth
87	87	certificate is considered to have correctly stated the juvenile's
88	88	biological sex only if the statement was:
89	89	(1) entered at or near the time of the juvenile's
90	90	birth; or
91	91	(2) modified to correct any type of scrivener or
92	92	clerical error in the juvenile's biological sex.
93	93	(c) The Department of Vital Statistics, or other applicable
94	94	state agency, may not impose a cost to the Texas Juvenile Justice
95	95	Department or an applicable detention or correctional facility
96	96	under this chapter for a request to obtain a juvenile's birth
97	97	certificate for the purposes of determining an juvenile's correct
98	98	biological sex under this section.
99	99	(e) Pursuant to the Prison Rape Elimination Act National
100	100	Standards for Juvenile Facilities (28 C.F.R., Part 115, Subpart D),
101	101	the Texas Juvenile Justice Department, or applicable detention
102	102	facility under this chapter, shall consider the unique safety needs
103	103	of each juvenile on a case by case basis, and shall take appropriate
104	104	action to ensure a juvenile's health and safety, so long as such
105	105	action does not conflict with the requirements of Subsection (a).
106	106	(f) The Texas Juvenile Justice Department shall adopt any
107	107	additional rules necessary to implement this section, provided that
108	108	those rules ensure compliance with state and federal law.
109	109	SECTION 6: Section 51.12(m), Family Code, is amended to
110	110	read as follows:
111	111	(m) The Texas Juvenile Justice Department may deny,
112	112	suspend, or revoke the registration of any facility required to
113	113	register under Subsection (i) if the facility fails to:
114	114	(1) adhere to all applicable minimum standards for the
115	115	facility; or
116	116	(2) timely correct any notice of noncompliance with
117	117	minimum standards.
118	118	(3) strictly comply with the requirements of Section
119	119	51.127.
120	120	SECTION 7. This Act takes effect immediately if it receives
121	121	a vote of two-thirds of all the members elected to each house, as
122	122	provided by Section 39, Article III, Texas Constitution. If this
123	123	Act does not receive the vote necessary for immediate effect, this
124	124	Act takes effect September 1, 2023.