TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

Chapter 151. GENERAL PROVISIONS

37 TAC §151.53

The Texas Department of Criminal Justice adopts an amendment to §151.53 concerning multiple employment with the state, without changes to the proposed text as published in the March 23, 2001, issue of the Texas Register (26 TexReg 2325). The purpose of this section is to provide procedures regarding applications for, and the administration of, multiple employment with the State of Texas by employees of the Texas Department of Criminal Justice (TDCJ). The amendment stipulates that an employee may not work part-time for the TDCJ and full-time with another state agency.

The amendment will provides clear and complete guidelines for TDCJ employees in the application and administration of multiple employment with the State of Texas

No comments were received regarding adoption of the amendment as proposed.

The amendment is adopted under Texas Government Code, §492.013, which grants general rulemaking authority to the Board; the Texas Constitution, Article XVI, Section 40; and Texas Government Code, Chapter 574, which specifically authorizes this section.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 25, 2001.

TRD-200102980

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Effective date: June 14, 2001

Proposal publication date: March 23, 2001

For further information, please call: (512) 463-9693


37 TAC §151.73

The Texas Department of Criminal Justice adopts new §151.73 concerning Texas Board of Criminal Justice vehicle assignments, without changes to the proposed text as published in the April 20, 2001, issue of the Texas Register (26 TexReg 2964). The purpose of this new section is for all Agency vehicles to be assigned to the motor pool and be available for check out.

The new section will enable the availability of all Agency vehicles to administrative or executive employees on a regular basis in order to carry out the needs and mission of the Agency.

No comments were received regarding adoption of the new section.

The new section is adopted under Texas Government Code, §492.013, which grants general rulemaking authority to the Board and §2171.1045, which specifically authorizes this section.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 25, 2001.

TRD-200102978

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Effective date: June 14, 2001

Proposal publication date: April 20, 2001

For further information, please call: (512) 463-9693


Chapter 152. INSTITUTIONAL DIVISION

Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE INSTITUTIONAL DIVISION

37 TAC §152.12

The Texas Department of Criminal Justice adopts an amendment to §152.12 concerning the unit inmate capacity of TDCJ Institutional Division facilities, consistent with state law governing appreciable increases or reductions in such capacity, without changes to the proposed text as published in the April 20, 2001, issue of the Texas Register (26 TexReg 2964). The amendment concerns reductions in capacity in Institutional Division facilities that can be effected indefinitely by the Executive Director, for the purpose of deactivating housing areas in the event of excess capacity.

The amendment will increase the potential for unit safety and public safety by decreasing the number of inmates required to be housed in units that may lack sufficient staff to be fully operational.

No comments were received regarding adoption of the amendment as proposed.

The amendment is adopted under Texas Government Code, §492.013, which grants general rulemaking authority to the Board; and Government Code, Chapter 499, Subchapter E, Unit and System Capacity.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 25, 2001.

TRD-200102979

Carl Reynolds

General Counsel

Texas Department of Criminal Justice

Effective date: June 14, 2001

Proposal publication date: April 20, 2001

For further information, please call: (512) 463-9693