While Texas does not have far to go to fulfill federal requirements aimed at eradicating rape in state prisons and jails, Gov. Rick Perry and local sheriffs insist total compliance would be costly and, for some, impossible.

Last month, Perry refused to complete a process to bring Texas into full compliance with the Prison Rape Elimination Act, saying it would result in unfunded mandates for local sheriffs and a reduction in prison guards. The actual gap between where Texas is and where it needs to be is relatively small, but the problems that remaining noncompliant will create for the Lone Star State - including increased possibility for litigation and a loss of federal grant money - could be substantial.

During a House County Affairs Committee hearing Monday, local sheriffs said the most problematic provision of the 2003 law is a requirement that minors be housed separately from adult prison and jail populations. Since Texas is one of only 10 states that classifies 17-year-olds as adults in the criminal justice system, sheriffs would be required to build separate facilities or seek new housing options for these offenders.

"Most county jails just aren't in the position to do that," said Brazos County Sheriff Chris Kirk, who also represents the Texas Sheriffs Association. He said the mandate makes the law nearly impossible to implement for many counties with small staffs and tight budgets.

The law also prohibits what is known as "cross-gender viewing," a provision that would bar female guards from supervising male inmates during strip searches, showers and other instances. Since 40 percent of Texas' guards are women, Perry said that enforcing that provision would mean laying off female staff and hiring more men, a violation of labor laws.

Not coming into compliance brings its own costs and dangers, however. The most immediate is the possible loss of hundreds of thousands of dollars in federal grants. Since 2003, Texas has received more than $3.5 million from the federal government to become PREA-compliant, far more than any other state. If Perry insists on not certifying the state as compliant with the prison rape law, Texas could lose some federal grants, according to a preliminary analysis from the Austin-based think tank Texas Criminal Justice Coalition's Elizabeth Hennecke.

Loss called hypothetical

Perry spokeswoman Lucy Nashed played down the possible loss. She could not corroborate Hennecke's numbers and said the threat of losing federal funds was strictly hypothetical.

Sheriffs are concerned with the possibility of litigation, particularly after an ex-inmate filed suit against Travis County last month for a rape he said would not have occurred if the county and state were PREA-compliant.

"I think you have to look at the act itself and the origins," said Kirk. "There were a lot of advocacy groups that were pushing the passage of this legislation and those groups will continue their advocacy, and I think they will insist through whatever means they can bring to bear that these standards are applied."

Kirk and Texas Commission on Jail Standards Executive Director Brandon Wood also expressed the view that the PREA provisions largely were unneeded in Texas, where Wood said "having a federal act that requires sheriffs to do what, for the most part, what they were already doing may seem redundant."

Hennecke disagreed, noting a 2007 anonymous survey of Texas inmates showed 15.7 percent had been raped by other offenders or their jailers. Her recommendations were two-fold: funnel more state funds to Wood's agency to help ensure PREA compliance and raise the adult age threshold to 18.

It is unclear whether the political will is there to change the 1918 law designating 17-year-olds as adults. The County Affairs Committee will issue a report outlining possible legislation ahead of the 2015 session that begins in January.