By: Swanson H.B. No. 3147       A BILL TO BE ENTITLED   AN ACT   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.