Texas 2025 - 89th Regular

Texas House Bill HB437 Compare Versions

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

Old	New	Differences
1	1	89R4168 MCF-D
2	2	By: Swanson H.B. No. 437
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7	7	A BILL TO BE ENTITLED
8	8	AN ACT
9	9	relating to the placement of children in a detention or
10	10	correctional facility according 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 Juvenile Girls
13	13	Protection Act.
14	14	SECTION 2. Section 51.12(m), Family Code, is amended to
15	15	read as follows:
16	16	(m) The Texas Juvenile Justice Department may deny,
17	17	suspend, or revoke the registration of any facility required to
18	18	register under Subsection (i) if the facility fails to:
19	19	(1) adhere to all applicable minimum standards for the
20	20	facility; [or]
21	21	(2) timely correct any notice of noncompliance with
22	22	minimum standards; or
23	23	(3) strictly comply with the requirements of Section
24	24	51.127.
25	25	SECTION 3. Section 51.125(e), Family Code, is amended to
26	26	read as follows:
27	27	(e) The Texas Juvenile Justice Department may deny,
28	28	suspend, or revoke the registration of any facility required to
29	29	register under Subsection (d) if the facility fails to:
30	30	(1) adhere to all applicable minimum standards for the
31	31	facility; [or]
32	32	(2) timely correct any notice of noncompliance with
33	33	minimum standards; or
34	34	(3) strictly comply with the requirements of Section
35	35	51.127.
36	36	SECTION 4. Chapter 51, Family Code, is amended by adding
37	37	Section 51.127 to read as follows:
38	38	Sec. 51.127. PLACEMENT OF JUVENILES BASED ON BIOLOGICAL
39	39	SEX. (a) In this section, "department" means the Texas Juvenile
40	40	Justice Department.
41	41	(b) A juvenile board created under Chapter 152, Human
42	42	Resources Code, or the department, as applicable, shall place a
43	43	child in a detention or correctional facility according to the
44	44	child's biological sex, as determined by:
45	45	(1) the child's official birth certificate, if the
46	46	child's biological sex is correctly stated on the certificate as
47	47	described by Subsection (c); or
48	48	(2) if the child's official birth certificate
49	49	described by Subdivision (1) is unobtainable, another government
50	50	record that states the child's biological sex.
51	51	(c) For purposes of this section, a statement of a child's
52	52	biological sex on the child's official birth certificate is
53	53	considered to have correctly stated the child's biological sex only
54	54	if the statement was:
55	55	(1) entered at or near the time of the child's birth;
56	56	and
57	57	(2) not modified except as necessary to correct any
58	58	type of scrivener or clerical error in the child's biological sex.
59	59	(d) The vital statistics unit of the Department of State
60	60	Health Services may not charge a juvenile board or the department a
61	61	fee to issue a birth certificate for use under this section.
62	62	(e) Except as provided by Subsection (b), a juvenile board
63	63	or the department, as applicable, shall, in accordance with the
64	64	Prison Rape Elimination Act National Standards (28 C.F.R. Part 115,
65	65	Subpart D), consider the unique safety needs of each child and take
66	66	appropriate action to ensure a child's health and safety.
67	67	(f) A juvenile board and the Texas Juvenile Justice Board
68	68	shall adopt any rules necessary to implement this section. The
69	69	rules must ensure compliance with state and federal law.
70	70	SECTION 5. This Act takes effect immediately if it receives
71	71	a vote of two-thirds of all the members elected to each house, as
72	72	provided by Section 39, Article III, Texas Constitution. If this
73	73	Act does not receive the vote necessary for immediate effect, this
74	74	Act takes effect September 1, 2025.