The proposed bill, titled the Juvenile Girls Protection Act, aims to establish guidelines for the placement of children in detention or correctional facilities based on their biological sex. It amends existing sections of the Family Code to include stricter compliance requirements for facilities, specifically mandating that they adhere to the new Section 51.127. This section stipulates that a juvenile board or the Texas Juvenile Justice Department must place a child according to their biological sex as indicated on their official birth certificate or, if that is unavailable, another government record. The bill also outlines that the biological sex stated on the birth certificate must have been entered at or near the time of birth and not modified, except for clerical errors.
Additionally, the bill ensures that the vital statistics unit of the Department of State Health Services cannot charge fees for issuing birth certificates for this purpose. It emphasizes the need for juvenile boards and the Texas Juvenile Justice Board to adopt rules to implement these provisions while considering the unique safety needs of each child in accordance with the Prison Rape Elimination Act National Standards. The bill is set to take effect immediately upon receiving a two-thirds vote from both houses or on September 1, 2025, if that vote is not achieved.
Statutes affected: Introduced: Family Code 51.12, Family Code 51.125 (Family Code 51)
House Committee Report: Family Code 51.12, Family Code 51.125 (Family Code 51)