Texas Code of Criminal Procedure - Article 46A.01. Testing; Segregation; Disclosure

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Art. 46A.01. TESTING;  SEGREGATION;  DISCLOSURE.  (a) In 
this article "AIDS" and "HIV" have the meanings assigned those 
terms by Section 81.101, 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 
Article 5115d, Revised Statutes, or Article 5115e, Revised 
Statutes, 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 article does not provide a duty to test for AIDS or 
HIV, and a cause of action does not arise under this article from a 
failure to test for AIDS or HIV.

Added by Acts 1989, 71st Leg., ch. 1195, Sec. 13, eff. Sept. 1, 
1989.  Sec. (a) amended by Acts 1991, 72nd Leg., ch. 14, Sec. 
284(10), eff. Sept. 1, 1991.

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Last modified: August 10, 2007