bill placing detained children by biological sex

The text as introduced · 547 words

89R4168 MCF-D

By: Swanson
H.B. No. 437

A BILL TO BE ENTITLED

AN ACT

relating to the placement of children in a detention or

correctional facility according to biological sex.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. This Act may be cited as the Juvenile Girls

Protection Act.

SECTION 2. 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 ; or

(3) strictly comply with the requirements of Section

51.127 .

SECTION 3. Section 51.125(e), Family Code, is amended to

read as follows:

(e) The Texas Juvenile Justice Department may deny,

suspend, or revoke the registration of any facility required to

register under Subsection (d) 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 ; or

(3) strictly comply with the requirements of Section

51.127 .

SECTION 4. 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) In this section, "department" means the Texas Juvenile

Justice Department.

(b) A juvenile board created under Chapter 152, Human

Resources Code, or the department, as applicable, shall place a

child in a detention or correctional facility according to the

child's biological sex, as determined by:

(1) the child's official birth certificate, if the

child's biological sex is correctly stated on the certificate as

described by Subsection (c); or

(2) if the child's official birth certificate

described by Subdivision (1) is unobtainable, another government

record that states the child's biological sex.

(c) For purposes of this section, a statement of a child's

biological sex on the child's official birth certificate is

considered to have correctly stated the child's biological sex only

if the statement was:

(1) entered at or near the time of the child's birth;

and

(2) not modified except as necessary to correct any

type of scrivener or clerical error in the child's biological sex.

(d) The vital statistics unit of the Department of State

Health Services may not charge a juvenile board or the department a

fee to issue a birth certificate for use under this section.

(e) Except as provided by Subsection (b), a juvenile board

or the department, as applicable, shall, in accordance with the

Prison Rape Elimination Act National Standards (28 C.F.R. Part 115,

Subpart D), consider the unique safety needs of each child and take

appropriate action to ensure a child's health and safety.

(f) A juvenile board and the Texas Juvenile Justice Board

shall adopt any rules necessary to implement this section. The

rules must ensure compliance with state and federal law.

SECTION 5. 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, 2025.