CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS - Texas Statutes

CODE OF CRIMINAL PROCEDURE

TITLE 1. CODE OF CRIMINAL PROCEDURE

CHAPTER 46A. AIDS AND HIV TESTING IN COUNTY AND MUNICIPAL JAILS

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.