Texas HB403

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.

HOUSING OF INMATES ACCORDING TO BIOLOGICAL SEX. (a) The department shall house inmates in facilities, dormitories, and cellblocks according to the inmate's biological sex, as determined by: (1) the inmate's sex organs as determined during the intake screening required under the Prison Rape Elimination Act National Standards (28 C.F.R. Section 115.41); and (2) a statement of the inmate's biological sex on the inmate's official birth certificate if the statement was: (A) entered at or near the time of the inmate's birth; and (B) not modified except as necessary to correct any type of scrivener or clerical error in the inmate's biological sex.