Tex. Local Gov't Code Section 361.901
Aids and Hiv Testing in County and Municipal Jails; Segregation

(a)

In this section, “AIDS” and “HIV” have the meanings assigned by Section 81.101 (Definitions), Health and Safety Code.

(b)

A county or municipality may test an inmate confined in the county or municipal jail or in a contract facility authorized by Subchapter F (Authority to Contract), Chapter 351 (County Jails and Law Enforcement), or Subchapter E of this chapter to determine the proper medical treatment of the inmate or the proper social management of the inmate or other inmates in the jail or facility.

(c)

If the county or municipality determines that an inmate has a positive test result for AIDS or HIV, the county or municipality may segregate the inmate from other inmates in the jail or facility.

(d)

This section does not provide a duty to test for AIDS or HIV, and a cause of action does not arise under this section from a failure to test for AIDS or HIV.

Transferred, redesignated and amended from Code of Criminal Procedure, Chapter 46A by Acts 2019, 86th Leg., R.S., Ch. 467 (H.B. 4170), Sec. 4.014, eff. September 1, 2019.

Source: Section 361.901 — Aids and Hiv Testing in County and Municipal Jails; Segregation, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.361.htm#361.901 (accessed Jun. 5, 2024).

361.001
Municipalities and Counties Covered by Subchapter 361.002
Criminal Justice Center 361.003
Contract Provisions Relating to Joint Center 361.004
Grants and Loans 361.021
Definition 361.022
Contract to Provide Justice Center 361.023
Contractual Authority Contingent on Legislation of Other State 361.024
Financing of Justice Center 361.025
Management of Justice Center 361.026
Responsibility for Operation of Jail 361.027
Courtrooms and Court Proceedings at Justice Center 361.028
Extent to Which Each State’s Law Applies at Justice Center 361.029
Arrest, Prosecution, Extradition, and Service of Process at Justice Center 361.042
Municipal-county Jail Facilities in Certain Counties 361.043
Jailer for Municipal-county Jail Facilities 361.051
Definitions 361.052
Financing Eligible Projects 361.053
Revenue Bonds 361.054
Limitations on Obligations and Lease Obligations 361.061
Authority to Contract 361.062
Contract Requirements 361.063
Award of Improvement Project 361.064
Sovereign Immunity Inapplicable 361.065
Maximum Inmate Population 361.066
Application to Prior Facilities 361.067
Location of Jail Restricted in Populous Municipality 361.081
Supervisory or Disciplinary Authority of Inmates 361.082
Restraint of Pregnant Inmate or Defendant 361.101
Application of Law Relating to Free Exercise of Religion 361.901
Aids and Hiv Testing in County and Municipal Jails

Accessed:
Jun. 5, 2024

§ 361.901’s source at texas.gov

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Location: https://texas.public.law/statutes/tex._local_gov't_code_section_361.901

Original Source: Section 361.901 — Aids and Hiv Testing in County and Municipal Jails; Segregation, https://statutes.capitol.texas.gov/Docs/LG/htm/LG.361.htm#361.901 (last accessed Jun. 5, 2024).