The Female Prisoner Protection Act aims to ensure the safety and protection of female inmates and juveniles by mandating that they be housed according to their biological sex. The bill emphasizes the constitutional right to separate inmates by sex to serve government interests, particularly in protecting women from sexual abuse and violence. It amends the Family Code to include provisions that require the Texas Juvenile Justice Department to place children in detention facilities based on their biological sex as determined by their official birth certificates or other government records. Additionally, it establishes that the vital statistics unit cannot charge fees for issuing birth certificates for this purpose.

Furthermore, the bill introduces new regulations for the housing of inmates in correctional facilities, stipulating that they must be housed according to their biological sex as determined by their sex organs during intake screening and their birth certificate. In cases of conflicting information, the birth certificate will take precedence. The legislation also mandates that both the Texas Juvenile Justice Department and the Texas Department of Criminal Justice consider the unique safety needs of each individual and take appropriate actions to ensure their health and safety, in compliance with the Prison Rape Elimination Act National Standards.

Statutes affected:
Introduced: Family Code 51.12, Family Code 51.125 (Family Code 51)