89R4411 MCF-D     By: Cain H.B. No. 2538       A BILL TO BE ENTITLED   AN ACT   relating to chemical castration treatment as a condition of parole   for certain releasees; creating a criminal offense.          BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:          SECTION 1.  Subchapter E, Chapter 508, Government Code, is   amended by adding Section 508.14105 to read as follows:          Sec. 508.14105.  CHEMICAL CASTRATION TREATMENT REQUIRED   BEFORE RELEASE OF CERTAIN INMATES ON PAROLE. (a)  This section   applies only to an inmate serving a sentence for an offense under   Section 22.021(a)(2)(B), Penal Code, who has not received an   orchiectomy under Section 501.061.          (b)  Notwithstanding any other law, a parole panel may not   release an inmate on parole unless the inmate has received chemical   castration treatment, as defined by Section 508.1863, at least 30   days before the date the inmate is scheduled to be released on   parole.          SECTION 2.  Subchapter F, Chapter 508, Government Code, is   amended by adding Section 508.1863 to read as follows:          Sec. 508.1863.  CHEMICAL CASTRATION TREATMENT. (a)  In this   section, "chemical castration treatment" means the ongoing   provision of a puberty-blocking drug to reduce, inhibit, or block   the production of testosterone or other hormones or chemicals in a   person's body.          (b)  A parole panel shall require as a condition of release   on parole that a releasee undergo chemical castration treatment if   the releasee:                (1)  is serving a sentence for an offense under Section   22.021(a)(2)(B), Penal Code; and                (2)  has not received an orchiectomy under Section   501.061.          (c)  Except as provided by Subsection (d), the releasee must   pay for all costs associated with receiving chemical castration   treatment.          (d)  On request of a releasee, the board shall determine   whether the releasee is indigent and shall waive the costs   associated with undergoing chemical castration treatment if the   board determines that the releasee is not capable of paying the   costs associated with the treatment in the foreseeable future. The   board may review its prior determination to waive costs under this   subsection at any point during the releasee's period of parole and   may require the releasee to begin or resume paying the costs of the   treatment if the board determines that the releasee is no longer   indigent.          (e)  The board shall adopt rules and procedures necessary to   implement this section, including rules establishing the frequency   with which a releasee must receive chemical castration treatment.          SECTION 3.  Chapter 38, Penal Code, is amended by adding   Section 38.116 to read as follows:          Sec. 38.116.  REFUSAL TO UNDERGO REQUIRED CHEMICAL   CASTRATION TREATMENT. (a)  A person commits an offense if the   person:                (1)  is required to undergo chemical castration   treatment as a condition of release on parole under Section   508.1863, Government Code; and                (2)  refuses to undergo the treatment.          (b)  An offense under this section is a felony of the third   degree.          SECTION 4.  As soon as practicable after the effective date   of this Act, the Board of Pardons and Paroles shall adopt the rules   and procedures required by Section 508.1863, Government Code, as   added by this Act.          SECTION 5.  The change in law made by this Act applies only   to a person who is released on parole for an offense committed on or   after the effective date of this Act.  A person who is released on   parole for an offense committed before the effective date of this   Act is governed by the law in effect on the date the offense was   committed, and the former law is continued in effect for that   purpose.  For purposes of this section, an offense was committed   before the effective date of this Act if any element of the offense   occurred before that date.          SECTION 6.  This Act takes effect September 1, 2025.