By: Swanson H.B. No. 3213
A BILL TO BE ENTITLED
AN ACT
relating to the detainment and housing of juveniles based on
biological sex.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
SECTION 1. SHORT TITLE. This Act may be cited as the
Juvenile Girls Protection Act.
SECTION 2. Title 3, Chapter 51, Family Code, is amended by
adding Section 51.127 to read as follows:
Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL
SEX. (a) A juvenile may not be detained or housed in an applicable
detention or correctional facility provided by 51.12(a) that is
designed for the biological sex opposite to the juvenile's
biological sex as correctly determined by:
(1) the juvenile's official birth certificate, as
described by Subsection (b); or
(2) if the juvenile's official birth certificate
described by Subdivision (1) is unobtainable, another government
record that accurately states the juvenile's biological sex.
(b) For purposes of this section, a statement of a
juvenile's biological sex on the juvenile's official birth
certificate is considered to have correctly stated the juvenile's
biological sex only if the statement was:
(1) entered at or near the time of the juvenile's
birth; or
(2) modified to correct any type of scrivener or
clerical error in the juvenile's biological sex.
(c) The Department of Vital Statistics, or other applicable
state agency, may not impose a cost to the Texas Juvenile Justice
Department or an applicable detention or correctional facility
under this chapter for a request to obtain a juvenile's birth
certificate for the purposes of determining a juvenile's correct
biological sex under this section.
(e) Pursuant to the Prison Rape Elimination Act National
Standards for Juvenile Facilities (28 C.F.R., Part 115, Subpart D),
the Texas Juvenile Justice Department, or applicable detention
facility under this chapter, shall consider the unique safety needs
of each juvenile on a case by case basis, and shall take appropriate
action to ensure a juvenile's health and safety, so long as such
action does not conflict with the requirements of Subsection (a).
(f) The Texas Juvenile Justice Department shall adopt any
additional rules necessary to implement this section, provided that
those rules ensure compliance with state and federal law.
SECTION 3. Section 51.12(m), Family Code, is amended to
read as follows:
(m) The Texas Juvenile Justice Department may deny,
suspend, or revoke the registration of any facility required to
register under Subsection (i) if the facility fails to:
(1) adhere to all applicable minimum standards for the
facility; or
(2) timely correct any notice of noncompliance with
minimum standards.
(3) strictly comply with the requirements of Section
51.127.
SECTION 4. This Act takes effect immediately if it receives
a vote of two-thirds of all the members elected to each house, as
provided by Section 39, Article III, Texas Constitution. If this
Act does not receive the vote necessary for immediate effect, this
Act takes effect September 1, 2023.