Part 9. TEXAS COMMISSION ON JAIL STANDARDS

Chapter 263. LIFE SAFETY RULES

Subchapter C. DETECTION AND ALARM SYSTEMS

37 TAC §263.31

The Texas Commission on Jail Standards proposes an amendment to §263.31 concerning Life Safety to clarify existing standards regarding smoke detection testing criterion.

Jack E. Crump, executive director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Crump, executive director, has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be clarification of existing standards.

There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, 351.002 and 351.015.

§263.31. Smoke Detection.

Fire detection for inmate occupied areas shall be by means of listed and labeled smoke detectors. The detectors shall be so located to meet the smoke detection testing criterion of §263.51(f) [ §263.52(f) ] of this title (relating to Smoke Management).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 2000.

TRD-200002623

Jack E. Crump

Executive Director

Commission on Jail Standards

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 463-5505

37 TAC §263.90

The Texas Commission on Jail Standards proposes an amendment to §263.90 concerning Life Safety to clarify existing standards regarding required submissions.

Jack E. Crump, executive director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Crump, executive director, has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be clarification of existing standards.

There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the custody, care and treatment of prisoners.

The statutes that are affected by this rule are Local Government Code, Chapter 351, 351.002 and 351.015.

§263.90. Submission.

Drawings of adequate detail indicating all life safety and emergency equipment and the proposed function thereof shall be submitted with new construction or renovation plans in accordance with §257.4 [ §257.3 ] of this title (relating to Required [ Information ] Submissions).

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 2000.

TRD-200002624

Jack E. Crump

Executive Director

Commission on Jail Standards

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 463-5505

37 TAC §277.1

The Texas Commission on Jail Standards proposes an amendment to §277.1 concerning Clothing, Personal Hygiene, and Bedding to ensure all inmates held over 48 hours will be issued standard facility clothing.

Jack E. Crump, executive director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Crump, executive director, has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be to provide minimum standards that ensure inmates are provided clothing within 48 hours.

There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, 351.002 and 351.015.

§277.1. Inmate Clothing.

Standard facility clothing shall be issued to all inmates held over 48 [ 72 ] hours. Additional appropriate clothing shall be issued to inmates participating in outside activities during inclement weather.

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 2000.

TRD-200002625

Jack E. Crump

Executive Director

Commission on Jail Standards

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 463-5505

37 TAC §277.4

The Texas Commission on Jail Standards proposes an amendment to §277.4 concerning Clothing, Personal Hygiene, and Bedding to ensure indigent inmates held over 48 hours are issued personal care items.

Jack E. Crump, executive director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Crump, executive director, has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be to provide minimum standards that ensure indigent inmates held over 48 hours receive personal hygiene items.

There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, 351.002 and 351.015.

§277.4. Personal Hygiene.

Inmates held over 48 [ 72 ] hours who are unable to supply themselves with personal care items, because of indigency, shall be furnished the following:

(1) - (5)

(No change.)

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 2000.

TRD-200002626

Jack E. Crump

Executive Director

Commission on Jail Standards

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 463-5505

37 TAC §291.5

The Texas Commission on Jail Standards proposes an amendment to §291.5 concerning Services and Activities to provide a standard consistent with legislative action regarding religious freedom.

Jack E. Crump, executive director, has determined that for the first five year period the rule is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the sections.

Mr. Crump, executive director, has determined that for each year of the first five years the rule as proposed is in effect the public benefits anticipated as a result of enforcing the rule as proposed will be to ensure minimum standards comply with legislative actions regarding religious freedom.

There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the section as proposed.

Comments on the proposal may be submitted to Brandon S. Wood, P. O. Box 12985, Austin, Texas, 78711, (512) 463-5505.

The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

The statutes that are affected by this rule are Local Government Code, Chapter 351, 351.002 and 351.015.

§291.5. Inmate Religious Practices [ Services ] Plan.

Each facility shall have and implement a written plan, approved by the Commission, governing religious practices. The plan shall include the following provisions: [ access comparable to that normally available in the community. Where group services are held, provisions shall be made for the removal of inmates not wishing to participate. The plan shall: ]

(1)

removal of inmates not wishing to participate where group services are held;

(2)

volunteer programs and access to religious leaders in addition to normal visitation, consistent with security restrictions;

(3)

review of inmate requests regarding religious practices by the Sheriff/Operator or his designee;

(4)

procedures for determining whether a request can be accommodated through the least restrictive means without presenting an undue burden or endangering the safety and security of the facility;

(A)

documentation of the reason for denial if the request cannot be accommodated;

(B)

utilization of the established grievance procedure when the inmate contends the denial is unjust.

[ (1)

allow for visitation and volunteer programs;]

[ (2)

provide for access to religious leaders in additional to normal visitation and shall allow an inmate to communicate with a minister of his/her choosing consistent with security restrictions.]

This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.

Filed with the Office of the Secretary of State, on April 13, 2000.

TRD-200002627

Jack E. Crump

Executive Director

Commission on Jail Standards

Earliest possible date of adoption: May 28, 2000

For further information, please call: (512) 463-5505