37 TAC §145.71
The Policy Board of the Texas Board of Pardons and Paroles
proposes an amendment to 37 TAC §145.71, concerning the procedure for
filing motions for reinstatement of the releasee following a revocation of
parole or mandatory supervision. The amendment is proposed due to an error
that was published in the November 5th, 1999, adoption (24 TexReg 6261). The
Policy Board voted to delete a reference in subsection (a) to an outdated
rule, 37 TAC §145.56 that is being proposed for repeal however, the adopted
text did not reflect this change.
Gerald Garrett, Chair of the Policy Board, has determined that for the
first five-year period the proposed amended rule is in effect, there will
be no fiscal implications for state or local government as a result of enforcing
or administering this section.
Chairman Garrett also has determined that for each year of the first five
years the amended rule as proposed is in effect, the public benefit anticipated
as a result of enforcing the section will be a clarification of procedures
that are to be followed when requesting a reinstatement of parole. There will
be no effect on small businesses or micro-businesses. There is no anticipated
economic cost to persons required to comply with the amended rule as proposed.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, P.O. Box 13401, Austin, Texas 78711. Written comments
from the general public should be received within 30 days of the publication
of this amendment.
The amendment is proposed under §508.036(c)(1) and under §508.044(d),
Government Code. Both of these statutes provide specific rulemaking authority
for the Policy Board of the Board of Pardons and Paroles.
There is no cross-reference to the proposed amended rule.
§145.71.Reinstatement; Exceptional Circumstances; Hearing
(a)
[
Except for persons revoked and reinstated in accord
with the provisions of §145.56 of this title (relating to Revocation
of Parole or Mandatory Supervision); Recommendation; Proclamation; Warrant),
there
]
There
is no entitlement to consideration for reinstatement
of a revoked releasee.
(b)- (h)
(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
January 3, 2000.
TRD-200000008
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: February 20, 2000
For further information, please call: (512) 463-1883