Texas 2025 - 89th Regular

Texas House Bill HB403 Compare Versions

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

Old	New	Differences
1	1	89R68 MCF-F
2	2	By: Swanson H.B. No. 403
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to housing and placement of inmates and children according
10	10	to biological sex.
11	11	BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:
12	12	SECTION 1. This Act may be cited as the Female Prisoner
13	13	Protection Act.
14	14	SECTION 2. (a) The legislature finds that:
15	15	(1) courts have repeatedly affirmed that the
16	16	separation of inmates by sex is unquestionably constitutional so
17	17	long as it serves a government interest, see Women Prisoners of the
18	18	D.C. Dep't of Corr. v. District of Columbia, 93 F.3d 910, 926 (D.C.
19	19	Cir. 1996);
20	20	(2) courts have affirmed that the government cannot
21	21	lawfully act in a manner that evinces the belief that women are
22	22	second-class citizens or unworthy of the consideration provided
23	23	male offenders, see Pitts v. Thornburgh, 866 F.2d 1450, 1459 (D.C.
24	24	Cir. 1989); and
25	25	(3) courts have repeatedly recognized that a
26	26	correctional system has a right to ensure women are protected from
27	27	sexual abuse and physical violence as well as having equal access to
28	28	all inmate rights, correctional programs, and opportunities for
29	29	rehabilitation.
30	30	(b) The purpose of this Act is to further the governmental
31	31	interest of ensuring that females confined or placed in facilities
32	32	operated by the Texas Department of Criminal Justice and Texas
33	33	Juvenile Justice Department are protected throughout their
34	34	sentence and have equal, safe access to basic facilities afforded
35	35	to all confined persons.
36	36	SECTION 3. Section 51.12(m), Family Code, is amended to
37	37	read as follows:
38	38	(m) The Texas Juvenile Justice Department may deny,
39	39	suspend, or revoke the registration of any facility required to
40	40	register under Subsection (i) if the facility fails to:
41	41	(1) adhere to all applicable minimum standards for the
42	42	facility; [or]
43	43	(2) timely correct any notice of noncompliance with
44	44	minimum standards; or
45	45	(3) strictly comply with the requirements of Section
46	46	51.127.
47	47	SECTION 4. Section 51.125(e), Family Code, is amended to
48	48	read as follows:
49	49	(e) The Texas Juvenile Justice Department may deny,
50	50	suspend, or revoke the registration of any facility required to
51	51	register under Subsection (d) 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; or
56	56	(3) strictly comply with the requirements of Section
57	57	51.127.
58	58	SECTION 5. Chapter 51, Family Code, is amended by adding
59	59	Section 51.127 to read as follows:
60	60	Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL
61	61	SEX. (a) In this section, "department" means the Texas Juvenile
62	62	Justice Department.
63	63	(b) A juvenile board created under Chapter 152, Human
64	64	Resources Code, or the department, as applicable, shall place a
65	65	child in a detention or correctional facility according to the
66	66	child's biological sex, as determined by:
67	67	(1) the child's official birth certificate, if the
68	68	child's biological sex is correctly stated on the certificate as
69	69	described by Subsection (c); or
70	70	(2) if the child's official birth certificate
71	71	described by Subdivision (1) is unobtainable, another government
72	72	record that states the child's biological sex.
73	73	(c) For purposes of this section, a statement of a child's
74	74	biological sex on the child's official birth certificate is
75	75	considered to have correctly stated the child's biological sex only
76	76	if the statement was:
77	77	(1) entered at or near the time of the child's birth;
78	78	and
79	79	(2) not modified except as necessary to correct any
80	80	type of scrivener or clerical error in the child's biological sex.
81	81	(d) The vital statistics unit of the Department of State
82	82	Health Services may not charge a juvenile board or the department a
83	83	fee to issue a birth certificate for use under this section.
84	84	(e) Except as provided by Subsection (b), a juvenile board
85	85	or the department, as applicable, shall, in accordance with the
86	86	Prison Rape Elimination Act National Standards (28 C.F.R. Part 115,
87	87	Subpart D), consider the unique safety needs of each child and take
88	88	appropriate action to ensure a child's health and safety.
89	89	(f) A juvenile board and the Texas Juvenile Justice Board
90	90	shall adopt any rules necessary to implement this section. The
91	91	rules must ensure compliance with state and federal law.
92	92	SECTION 6. Subchapter D, Chapter 501, Government Code, is
93	93	amended by adding Section 501.115 to read as follows:
94	94	Sec. 501.115. HOUSING OF INMATES ACCORDING TO BIOLOGICAL
95	95	SEX. (a) The department shall house inmates in facilities,
96	96	dormitories, and cellblocks according to the inmate's biological
97	97	sex, as determined by:
98	98	(1) the inmate's sex organs as determined during the
99	99	intake screening required under the Prison Rape Elimination Act
100	100	National Standards (28 C.F.R. Section 115.41); and
101	101	(2) a statement of the inmate's biological sex on the
102	102	inmate's official birth certificate if the statement was:
103	103	(A) entered at or near the time of the inmate's
104	104	birth; and
105	105	(B) not modified except as necessary to correct
106	106	any type of scrivener or clerical error in the inmate's biological
107	107	sex.
108	108	(b) If there is a conflict between the determinations made
109	109	under Subsections (a)(1) and (2), the department shall defer to
110	110	Subsection (a)(2) for the purpose of determining an inmate's
111	111	biological sex.
112	112	(c) The vital statistics unit of the Department of State
113	113	Health Services may not charge the department a fee to issue a birth
114	114	certificate for use under this section.
115	115	(d) Except as provided by Subsection (a), the department
116	116	shall, in accordance with the Prison Rape Elimination Act National
117	117	Standards (28 C.F.R. Part 115), consider the unique safety needs of
118	118	each inmate and take appropriate action to ensure an inmate's
119	119	health and safety.
120	120	(e) The board shall adopt any rules necessary to implement
121	121	this section. The rules must ensure compliance with state and
122	122	federal law.
123	123	SECTION 7. This Act takes effect immediately if it receives
124	124	a vote of two-thirds of all the members elected to each house, as
125	125	provided by Section 39, Article III, Texas Constitution. If this
126	126	Act does not receive the vote necessary for immediate effect, this
127	127	Act takes effect September 1, 2025.