Bill Text: TX HB3213 | 2023-2024 | 88th Legislature | Introduced
Bill Title: Relating to the detainment and housing of juveniles based on biological sex.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2023-03-15 - Referred to Juvenile Justice & Family Issues [HB3213 Detail]
Download: Texas-2023-HB3213-Introduced.html
| By: Swanson | H.B. No. 3213 | |
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| 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. | ||
