Bill > HB403

This bill, named the Female Prisoner Protection Act, establishes new requirements for housing and placing inmates and juveniles in Texas correctional and detention facilities based strictly on biological sex. The legislation mandates that both the Texas Department of Criminal Justice and Texas Juvenile Justice Department place individuals in facilities according to their biological sex, which is determined primarily by their original birth certificate or, if unavailable, by other government records. Specifically for inmates, biological sex will be initially assessed during intake screening using sex organs, with preference given to the original birth certificate if discrepancies arise. The bill cites legal precedents supporting the constitutional separation of inmates by sex and emphasizes protecting women from potential sexual abuse and ensuring equal access to rehabilitation opportunities. For juvenile facilities, placement will be based on the child's biological sex as stated on their original birth certificate, with provisions to ensure each individual's safety and health needs are considered. The Texas Juvenile Justice Board and the department's board are required to adopt rules implementing these provisions, ensuring compliance with state and federal law, including the Prison Rape Elimination Act standards. The bill will take effect immediately if it receives a two-thirds vote in the Texas legislature, or on September 1, 2025, if it does not receive the immediate effect vote.

Government Affairs

https://capitol.texas.gov/BillLookup/History.aspx?LegSess=89R&Bill=HB403