Bill Text: TX HB1579 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the protection of the free exercise of religion rights of inmates and ensuring access to volunteer and faith-based chaplains and chaplaincy services.
Spectrum: Partisan Bill (Republican 19-0)
Status: (Introduced - Dead) 2021-03-08 - Referred to Corrections [HB1579 Detail]
Download: Texas-2021-HB1579-Introduced.html
By: White | H.B. No. 1579 |
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relating to the protection of the free exercise of religion rights | ||
of inmates and ensuring access to volunteer and faith-based | ||
chaplains and chaplaincy services. | ||
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
SECTION 1. Section 501.009, Government Code, is amended to | ||
read as follows: | ||
Sec. 501.009. VOLUNTEER AND FAITH-BASED ORGANIZATIONS; | ||
CHAPLAINS; REPORT. (a) The department shall adopt a policy that | ||
requires each warden to identify volunteer and faith-based | ||
organizations that provide programs and services for inmates housed | ||
in facilities operated by the department, including through | ||
programs and services provided by volunteer and faith-based | ||
chaplains. The policy must require each warden to actively | ||
encourage volunteer and faith-based organizations to provide the | ||
following programs for inmates in the warden's facility: | ||
(1) literacy and education programs; | ||
(2) life skills programs; | ||
(3) job skills programs; | ||
(4) parent-training programs; | ||
(5) drug and alcohol rehabilitation programs; | ||
(6) support group programs; | ||
(7) arts and crafts programs; and | ||
(8) other programs and services determined by the | ||
department to aid inmates in the transition between confinement and | ||
society and to reduce incidence of recidivism among inmates. | ||
(b) The policy adopted by the department must ensure that | ||
inmates have access to the programs and services of volunteer and | ||
faith-based chaplains. The department shall ensure that a | ||
volunteer and faith-based chaplain employed or formally designated | ||
for each facility are able to: | ||
(1) conduct religious services; | ||
(2) provide pastoral care or spiritual guidance; and | ||
(3) otherwise support inmates in the facility who wish | ||
to receive or participate in those programs or services. | ||
(c) Access to chaplains must be reasonably facilitated to | ||
the extent that is one is available and willing to minister to | ||
inmates. Any limitation of inmate access chaplains must be done in | ||
the least restrictive means without presenting an undue burden or | ||
endangering the safety and security of the facility. | ||
(d) An inmate whose free exercise of religion has been | ||
substantially burdened by a policy adopted under this section may | ||
file a claim under an inmate grievance system, including an inmate | ||
grievance system required under Section 501.008, Government Code, | ||
or pursue any other remedy as allowed by the laws of the State of | ||
Texas or provided for under the United States Constitution or Texas | ||
Constitution. | ||
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report to the board not later than December 31 of each year that | ||
includes, for the preceding fiscal year, a summary of: | ||
(1) the programs and services provided to inmates | ||
under this section; [ |
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(2) the actions taken by the warden to identify | ||
volunteer and faith-based organizations and chaplains willing to | ||
provide programs and services to inmates and to encourage those | ||
organizations to provide programs in the warden's facility[ |
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(3) any documentation related to a claim, defense, or | ||
other legal action arising from an allegation or violation of an | ||
inmate's free exercise of religion rights; and | ||
(4) any remedy or accommodation made taken by the | ||
facility to resolve the claim or remove the burden. | ||
SECTION 2. This Act takes effect September 1, 2021. |