| 1 | 1 | | By: Swanson H.B. No. 3213 |
|---|
| 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 based on |
|---|
| 7 | 7 | | 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 |
|---|
| 10 | 10 | | Juvenile Girls Protection Act. |
|---|
| 11 | 11 | | SECTION 2. Title 3, Chapter 51, Family Code, is amended by |
|---|
| 12 | 12 | | adding Section 51.127 to read as follows: |
|---|
| 13 | 13 | | Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL |
|---|
| 14 | 14 | | SEX. (a) A juvenile may not be detained or housed in an applicable |
|---|
| 15 | 15 | | detention or correctional facility provided by 51.12(a) that is |
|---|
| 16 | 16 | | designed for the biological sex opposite to the juvenile's |
|---|
| 17 | 17 | | biological sex as correctly determined by: |
|---|
| 18 | 18 | | (1) the juvenile's official birth certificate, as |
|---|
| 19 | 19 | | described by Subsection (b); or |
|---|
| 20 | 20 | | (2) if the juvenile's official birth certificate |
|---|
| 21 | 21 | | described by Subdivision (1) is unobtainable, another government |
|---|
| 22 | 22 | | record that accurately states the juvenile's biological sex. |
|---|
| 23 | 23 | | (b) For purposes of this section, a statement of a |
|---|
| 24 | 24 | | juvenile's biological sex on the juvenile's official birth |
|---|
| 25 | 25 | | certificate is considered to have correctly stated the juvenile's |
|---|
| 26 | 26 | | biological sex only if the statement was: |
|---|
| 27 | 27 | | (1) entered at or near the time of the juvenile's |
|---|
| 28 | 28 | | birth; or |
|---|
| 29 | 29 | | (2) modified to correct any type of scrivener or |
|---|
| 30 | 30 | | clerical error in the juvenile's biological sex. |
|---|
| 31 | 31 | | (c) The Department of Vital Statistics, or other applicable |
|---|
| 32 | 32 | | state agency, may not impose a cost to the Texas Juvenile Justice |
|---|
| 33 | 33 | | Department or an applicable detention or correctional facility |
|---|
| 34 | 34 | | under this chapter for a request to obtain a juvenile's birth |
|---|
| 35 | 35 | | certificate for the purposes of determining a juvenile's correct |
|---|
| 36 | 36 | | biological sex under this section. |
|---|
| 37 | 37 | | (e) Pursuant to the Prison Rape Elimination Act National |
|---|
| 38 | 38 | | Standards for Juvenile Facilities (28 C.F.R., Part 115, Subpart D), |
|---|
| 39 | 39 | | the Texas Juvenile Justice Department, or applicable detention |
|---|
| 40 | 40 | | facility under this chapter, shall consider the unique safety needs |
|---|
| 41 | 41 | | of each juvenile on a case by case basis, and shall take appropriate |
|---|
| 42 | 42 | | action to ensure a juvenile's health and safety, so long as such |
|---|
| 43 | 43 | | action does not conflict with the requirements of Subsection (a). |
|---|
| 44 | 44 | | (f) The Texas Juvenile Justice Department shall adopt any |
|---|
| 45 | 45 | | additional rules necessary to implement this section, provided that |
|---|
| 46 | 46 | | those rules ensure compliance with state and federal law. |
|---|
| 47 | 47 | | SECTION 3. Section 51.12(m), Family Code, is amended to |
|---|
| 48 | 48 | | read as follows: |
|---|
| 49 | 49 | | (m) The Texas Juvenile Justice Department may deny, |
|---|
| 50 | 50 | | suspend, or revoke the registration of any facility required to |
|---|
| 51 | 51 | | register under Subsection (i) if the facility fails to: |
|---|
| 52 | 52 | | (1) adhere to all applicable minimum standards for the |
|---|
| 53 | 53 | | facility; or |
|---|
| 54 | 54 | | (2) timely correct any notice of noncompliance with |
|---|
| 55 | 55 | | minimum standards. |
|---|
| 56 | 56 | | (3) strictly comply with the requirements of Section |
|---|
| 57 | 57 | | 51.127. |
|---|
| 58 | 58 | | SECTION 4. This Act takes effect immediately if it receives |
|---|
| 59 | 59 | | a vote of two-thirds of all the members elected to each house, as |
|---|
| 60 | 60 | | provided by Section 39, Article III, Texas Constitution. If this |
|---|
| 61 | 61 | | Act does not receive the vote necessary for immediate effect, this |
|---|
| 62 | 62 | | Act takes effect September 1, 2023. |
|---|