Bill Text: TX HB3147 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the detainment and housing of juveniles and inmates based on biological sex.
Spectrum: Partisan Bill (Republican 7-0)
Status: (Introduced - Dead) 2023-04-24 - Left pending in committee [HB3147 Detail]
Download: Texas-2023-HB3147-Introduced.html
| By: Swanson | H.B. No. 3147 | |
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| relating to the detainment and housing of juveniles and inmates | ||
| 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 Female | ||
| Prisoner Protection Act. | ||
| SECTION 2. The legislature finds that: | ||
| (1) courts have repeatedly affirmed that the | ||
| separation of inmates by sex is unquestionably constitutional so | ||
| long as it serves a government interest. Women Prisoners v. | ||
| District of Columbia, 93 F.3d 910, 926 (D.C. Cir. 1996); | ||
| (2) courts have affirmed that the government cannot | ||
| lawfully act in a manner that evinces the belief that women are | ||
| second-class citizens or unworthy of the consideration provided | ||
| male offenders. Pitts v. Thornburgh, 866 F.2d 1450, 1459 (D.C. Cir. | ||
| 1989); and | ||
| (3) courts have repeatedly recognized that a | ||
| correctional system has a right to ensure women are protected from | ||
| sexual abuse and physical violence, as well as have equal access to | ||
| all inmate rights, correctional programs, and opportunities for | ||
| rehabilitation. | ||
| SECTION 3. The purpose of the Act is to further the | ||
| governmental interest of ensuring that females detained in adult or | ||
| juvenile correctional facilities are protected throughout their | ||
| sentence and have equal, safe access to basic facilities afforded | ||
| to prisoners. | ||
| SECTION 4. Subchapter D, Chapter 501, Government Code, is | ||
| amended by adding Section 501.115 to read as follows: | ||
| Sec. 501.115. HOUSING OF INMATES ACCORDING TO BIOLOGICAL | ||
| SEX. (a) The department, or institutional division under the | ||
| jurisdiction of the department, may not allow an inmate to be housed | ||
| in a cell block, dormitory, temporary housing, or correctional | ||
| facility that is designed for the biological sex opposite to the | ||
| inmate's biological sex as correctly determined by: | ||
| (1) the inmate's sex organs, determined at the initial | ||
| intake screening required under the Prison Rape Elimination Act | ||
| National Standards(28 C.F.R. Section 115.41); or | ||
| (2) the inmate's official birth certificate, as | ||
| described by Subsection (b). | ||
| (b) For purposes of this section, a statement of an inmate's | ||
| biological sex on the inmate's official birth certificate is | ||
| considered to have correctly stated the inmate's biological sex | ||
| only if the statement was: | ||
| (1) entered at or near the time of the inmate's birth; | ||
| or | ||
| (2) modified to correct any type of scrivener or | ||
| clerical error in the inmate's biological sex. | ||
| (c) If there is a conflict or discrepancy between | ||
| Subsections (a)(1) and (a)(2), the department, or institutional | ||
| division under the jurisdiction of the department shall defer to | ||
| the inmate's official birth certificate, as described by Subsection | ||
| (b), for the purposes of determining an inmate's biological sex. | ||
| (d) The Department of Vital Statistics, or other applicable | ||
| state agency, may not impose a cost to the department, or | ||
| institutional division under the jurisdiction of the department for | ||
| a request to obtain an inmate's birth certificate for the purposes | ||
| of determining an inmate's correct biological sex under this | ||
| section. | ||
| (e) Pursuant to the Prison Rape Elimination Act National | ||
| Standards (28 C.F.R., Part 115), the department, or institutional | ||
| division under the jurisdiction of the department shall consider | ||
| the unique safety needs of each inmate on a case by case basis, and | ||
| shall take appropriate action to ensure an inmate's health and | ||
| safety, so long as such action does not conflict with the | ||
| requirements of Subsection (a). | ||
| (f) The Texas Department of Criminal Justice shall adopt any | ||
| additional rules necessary to implement this section, provided that | ||
| those rules ensure compliance with state and federal law. | ||
| SECTION 5. 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 an | ||
| 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 an 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 6: 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 7. 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. | ||
