Bill Text: TX HB3714 | 2021-2022 | 87th Legislature | Introduced
Bill Title: Relating to the confinement of inmates who identify as transgender.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2021-03-22 - Referred to Corrections [HB3714 Detail]
Download: Texas-2021-HB3714-Introduced.html
| 87R10898 EAS-D | ||
| By: Moody | H.B. No. 3714 | |
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| relating to the confinement of inmates who identify as transgender. | ||
| BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS: | ||
| SECTION 1. Chapter 493, Government Code, is amended by | ||
| adding Section 493.034 to read as follows: | ||
| Sec. 493.034. POLICY AND TRAINING RELATED TO INMATES WHO | ||
| IDENTIFY AS TRANSGENDER. (a) The department shall adopt a policy | ||
| regarding the confinement of inmates who identify as transgender. | ||
| The policy must: | ||
| (1) ensure that a transgender inmate's privacy is | ||
| respected while confined, including with respect to: | ||
| (A) the inmate's use of bathroom and shower | ||
| facilities; | ||
| (B) conducting invasive searches of the inmate; | ||
| and | ||
| (C) the inmate's clothing and personal items; and | ||
| (2) provide a process for transgender inmates to | ||
| report harassment. | ||
| (b) The department shall provide training to each | ||
| correctional officer employed by the department regarding | ||
| transgender inmates and gender identity and the policy adopted | ||
| under Subsection (a). | ||
| SECTION 2. Subchapter A, Chapter 501, Government Code, is | ||
| amended by adding Section 501.028 to read as follows: | ||
| Sec. 501.028. INFORMATION CONCERNING INMATES WHO IDENTIFY | ||
| AS TRANSGENDER. (a) The department, during the diagnostic | ||
| process, shall record information relating to whether an inmate | ||
| identifies as transgender. | ||
| (b) The department shall maintain information obtained | ||
| under this section separate from the inmate's file and the | ||
| information may only be accessed by department employees when | ||
| necessary. | ||
| SECTION 3. Subchapter D, Chapter 501, Government Code, is | ||
| amended by adding Section 501.115 to read as follows: | ||
| Sec. 501.115. HOUSING OF INMATES WHO IDENTIFY AS | ||
| TRANSGENDER. The department shall house an inmate who identifies | ||
| as transgender in a facility, dormitory, or cellblock that houses | ||
| inmates of the gender with which the inmate identifies. | ||
| SECTION 4. As soon as practicable after the effective date | ||
| of this Act, the Texas Department of Criminal Justice shall adopt | ||
| the policy and training required by Section 493.034, Government | ||
| Code, as added by this Act. | ||
| SECTION 5. This Act takes effect September 1, 2021. | ||
