Part 1.
TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 1.
ORGANIZATION AND ADMINISTRATION
Subchapter W. SENATE BILL 1074 VIDEO UNITS
37 TAC §§1.281 - 1.285
The Texas Department of Public Safety (department) proposes
new Subchapter W, §§1.281 - 1.285, concerning the provision of funds
for video and audio equipment to law enforcement agencies for the purpose
of installing video and audio equipment as described by Article 2.135(a)(1)(A)
of the Texas Code of Criminal Procedure. Article 2.137(a) of the Texas Code
of Criminal Procedure requires the department to adopt rules for providing
funds or video and audio equipment to law enforcement agencies for the purpose
of installing video and audio equipment as described by Article 2.135(a)(1)(A)
of the Texas Code of Criminal Procedure. The department will award video units
to law enforcement agencies, giving priority to the following, pursuant to
Article 2.137(a) of the Texas Code of Criminal Procedure: (1) law enforcement
agencies that employ peace officers whose primary duty is traffic law enforcement;
(2) smaller jurisdictions; and (3) municipal and county law enforcement agencies. §§1.281-
1.285 are proposed pursuant to the authority in Article 2.137(a) of the Texas
Code of Criminal Procedure.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rules are in effect, there will be fiscal implications
for state and local government, or local economies. The additional estimated
cost to the state as a result of enforcing or administering the rules is $50,000.00,
which amount includes the cost of two Full-Time-Equivalent Positions for fiscal
year 2002, one Full-Time-Equivalent Position for fiscal year 2003, and additional
administration costs.
The Department anticipates that local governments will incur additional
costs in preparing applications for funding, installing the equipment and
in complying with program administration requirements. These costs can not
be estimated because of the uncertainty relating to the time and expense that
each local government will expend on their application, on the installation
of the video unit(s) and in complying with program administration requirements.
The estimated reduction in costs to local governments expected as a result
of enforcing or administering these rules is the amount of the costs the local
governments will not have to expend to comply with Articles 2.133 and 2.134
of the Texas Code of Criminal Procedure.
Mr. Haas has also determined that for each year of the first five-year
period the rules are in effect, the public benefit anticipated as a result
of enforcing the rules will be compliance with Article 2.137(a) of the Texas
Code of Criminal Procedure. There is no anticipated adverse economic effect
on small businesses or micro-businesses. There is no anticipated cost to individuals.
There will be no significant impact on local economies or employment as a
result of enforcing or administering these rules.
Comments on the proposal may be submitted to Major Lee Smith, Traffic Law
Enforcement Division, Texas Department of Public Safety, P.O. Box 4087, Austin,
Texas 78773-0500, (512) 424-2110.
The new sections are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work; Article 2.137(a) of the Texas Code
of Criminal Procedure, which requires the department to adopt rules for providing
funds or video and audio equipment to law enforcement agencies for the purpose
of installing video and audio equipment as described by Article 2.135(a)(1)(A)
of the Texas Code of Criminal Procedure, including specifying criteria to
prioritize funding or equipment provided to law enforcement agencies; and
Article 2.138 of the Texas Code of Criminal Procedure, which authorizes the
department to adopt rules to implement Articles 2.131-2.137 of the Texas Code
of Criminal Procedure.
Texas Government Code, §411.004(3), and Articles 2.137(a) and 2.138
of the Texas Code of Criminal Procedure are affected by this proposal.
§1.281.Definitions.
The following words and terms, when used in this subchapter, shall
have the following meanings, unless indicated otherwise.
(1)
Applicant--a Texas law enforcement agency that applies
for funding for video units pursuant to Article 2.131,
et seq.
of the Texas Code of Criminal Procedure.
(2)
Certificate of installation and use--a certification to
the Texas Department of Public Safety, stating that the law enforcement agency
has installed video and audio equipment as described by Article 2.135(a)(1)(A)
of the Texas Code of Criminal Procedure, and that the law enforcement agency
is using the equipment as required by Article 2.135(a)(1) of the Texas Code
of Criminal Procedure. This certification is made by the law enforcement agency,
as well as the governing body of the county or municipality served by the
law enforcement agency, if any, after receipt of the video unit(s) from the
state for the purposes of installing video and audio equipment as described
by Article 2.135(a)(1)(A) of the Texas Code of Criminal Procedure.
(3)
Department--the Texas Department of Public Safety.
(4)
Law enforcement agency size--the size of the law enforcement
agency is determined by the total number of full-time peace officers employed
by the law enforcement agency. The four agency-size categories are as follows:
(A)
Small agency--a Texas law enforcement agency that employs
between one and 24 peace officers on a full-time basis.
(B)
Medium agency--a Texas law enforcement agency that employs
between 25 and 74 peace officers on a full-time basis.
(C)
Intermediate agency--a Texas law enforcement agency that
employs between 75 and 299 peace officers on a full-time basis.
(D)
Large agency--a Texas law enforcement agency that employs
300 or more peace officers on a full-time basis.
(5)
Portable voice tape recorders--a tape recorder that records
sound and is capable of being carried or moved.
(6)
Video unit--a video camera with transmitter-activated equipment,
which is designed to be installed in law enforcement motor vehicles.
(7)
Voucher--the letter from the department that awards the
video unit(s) to the applicant, states the name of the vendor(s) to whom the
applicant must submit the voucher and states the deadline by which the applicant
must submit the voucher to the vendor.
§1.282.Criteria for Applicants and the Application.
(a)
To qualify for video units, the applicant must be a Texas
law enforcement agency and satisfy the definition of a "law enforcement agency"
in Article 2.132 of the Texas Code of Criminal Procedure.
(b)
To qualify for video units, the applicant's peace officers
must satisfy the definition of a "peace officer" in Article 2.12 of the Texas
Code of Criminal Procedure.
(c)
Applicants must complete the department's official application,
which can be found on the department's website at http://www.txdps.state.tx.us.
The link for the application and questionnaire is located on the homepage
at video camera application.
(d)
All applications must be received by the department by
the 30th day of August, 2002.
§1.283.Source of Funds for Video Units.
The department will only use the money available pursuant to the following
authority to award video units to the successful applicants:
(1)
Article III, §50-f, Texas Constitution;
(2)
Senate Bill 1, Article IX, page IX-107, §10.87, 77th
Legislature, R.S., 2001;
(3)
Senate Bill 1, Article V, page V-56, Rider 56, 77th Legislature,
R.S., 2001; and
(4)
§1232.1115 of the Texas Government Code.
§1.284.Administration and Rules of the Voucher System.
(a)
The State Council on Competitive Government will obtain
the contract(s) with the vendor(s) to provide the video units. To facilitate
the transfer of the video units to the successful applicants, the department
will use a voucher system.
(b)
The department will send a voucher to the successful applicants,
notifying the applicant of the number of video unit(s) awarded to the applicant.
The department will only award video units using the voucher system. Applicants
shall not use vouchers to replace video units that an applicant already owns
at the time the voucher is awarded.
(c)
The department will begin sending out vouchers after September
1, 2002.
(d)
The department will notify the unsuccessful applicants
by letter, pursuant to Article 2.135(a)(2) of the Texas Code of Criminal Procedure.
(e)
Upon receipt of the voucher, the applicant must present
the voucher to a vendor listed in the voucher to obtain the video unit(s).
The vendor will ship the video unit(s) to the applicant.
(f)
The applicant must present the voucher to a listed vendor
within the timeline listed in the voucher. If an applicant fails to present
the voucher to a listed vendor within the timeline listed in the voucher,
the voucher will be invalidated.
(g)
The applicant must obtain the number of video units listed
in the voucher. Although the applicant will have the opportunity to buy upgrades
for any video unit(s) they obtain with the voucher, the applicant can not
combine multiple video units to obtain upgraded video unit(s). Also, the applicant
can not use their voucher to obtain multiple downgraded video units.
(h)
Upon receipt of the video unit(s), the applicant must then
install the video unit(s) and return the certificate of installation and use
to the department, according to Article 2.137(d) of the Texas Code of Criminal
Procedure, within 60 calendar days of the applicant's receipt of the video
unit(s) from the vendor.
(i)
The department does not own and will not own the video
units that will be awarded to the successful applicants. Once the applicant
redeems the voucher, the applicant will become the owner of the video unit(s).
The owner of the video unit(s) will be responsible for contacting the vendor
regarding any warranty, defect or recall issues. The owner of the video unit(s)
will also be responsible for any other issues regarding the procurement, use
or disposal of the video unit(s).
(j)
The department will not award vouchers or otherwise provide
funding for the following:
(1)
Installing the video units;
(2)
Purchasing video tapes;
(3)
Purchasing portable voice tape recorders; and
(4)
Purchasing equipment for motorcycles, bicycles, horse patrols,
foot patrols, unmarked patrol vehicles, etc.
(k)
Applicants may not assign, sell or otherwise transfer their
voucher. If an applicant assigns, sells or otherwise transfers their voucher,
the voucher is automatically invalidated.
(l)
All awards made by the department are final.
§1.285.Order in Which Vouchers will be Awarded.
The department will award vouchers in the following order:
(1)
Applications from small agencies from Police Departments,
Sheriffs' Offices and Constables' Offices will be considered first, and voucher(s)
will be awarded accordingly.
(2)
To the extent there are remaining funds, applications from
medium agencies from Police Departments, Sheriffs' Offices and Constables'
Offices will be considered second, and voucher(s) will be awarded accordingly.
(3)
To the extent there are remaining funds, applications from
intermediate agencies from Police Departments, Sheriffs' Offices and Constables'
Offices will be considered third, and voucher(s) will be awarded accordingly.
(4)
To the extent there are remaining funds, applications from
large agencies with a dedicated traffic law enforcement unit from Police Departments,
Sheriffs' Offices and Constables' Offices will be considered fourth, and voucher(s)
will be awarded accordingly for the dedicated traffic law enforcement patrol
vehicles.
(5)
To the extent there are any remaining funds, applications
from City Marshals that make traffic stops in the routine performance of their
official duties will be considered fifth, and voucher(s) will be awarded accordingly.
(6)
To the extent there are any remaining funds, applications
from Independent School District Police will be considered sixth, and voucher(s)
will be awarded accordingly.
(7)
To the extent there are any remaining funds, applications
from University Police Departments will be considered seventh, and voucher(s)
will be awarded accordingly.
(8)
To the extent there are any remaining funds, applications
from Recreational Patrols will be considered eighth, and voucher(s) will be
awarded accordingly.
(9)
To the extent there are any remaining funds, applications
from District Attorneys will be considered ninth, and voucher(s) will be awarded
accordingly.
(10)
To the extent there are any remaining funds, applications
from Fire Departments/Fire Marshals will be considered tenth, and voucher(s)
will be awarded accordingly.
(11)
To the extent there are any remaining funds, all other
applications will be considered last, and voucher(s) will be awarded accordingly.
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 May 23, 2002.
TRD-200203217
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 424-2135
Subchapter B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES
37 TAC §15.42
The Department of Public Safety proposes amendments to §15.42,
concerning the requirement placed on an applicant to provide their Social
Security Number (SSN) when applying for a Texas driver license or identification
certificate. Applicants who have not applied for, been issued or assigned
a social security number will be able to certify this fact in our offices.
In doing so, the applicant will no longer be required to obtain a letter of
ineligibility (L-676) from the Social Security Administration. This will eliminate
multiple visits to our offices when applying for a driver license or identification
certificate and eliminate the impact placed on the Social Security Administration
field offices required to issue the L-676 form. Utilizing a department form
for this certification provides the agency with the best alternatives for
identification, investigation and possible enforcement action.
The amendments to this rule are as follows:
Statutory authority to collect an applicant's social security number exists
in both federal and state law. It is preferable not to list all specific statutory
cites in rule and as such the one reference to the Transportation Code is
deleted.
Places in rule that the social security number will only be released to
those entities that have specific statutory authority to receive it. It also
lists the agencies currently having statutory authority.
Clarifies the documents that will be accepted for the verification of the
social security number.
Clarifies that on subsequent renewal or duplicate transactions the applicant
will verbally verify the social security number on record. In the event that
the number does not match the SSN on record the applicant must provide supporting
documentation.
Provides for the department to authenticate the social security number
with the Social Security Administration. In the event that the social security
number on record cannot be authenticated, the transaction will be denied until
authentication takes place. In the event that a license had been previously
issued, the applicant will receive a written request to provide additional
information. Failure to provide additional information to resolve authentication
issues may result in the cancellation of the driver license.
Creates the department's "Social Security Affidavit" to be used in those
cases where an applicant has not applied for, been issued or assigned a social
security number by the Social Security Administration.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be to inform the public of the procedures required of individuals
to provide SSN when applying for a driver license or identification card.
There is no anticipated adverse economic effect on individuals, small businesses,
or micro businesses. The anticipated cost to individuals who are required
to comply with this section will be the actual cost of the driver license
or identification card.
Comments on the proposal may be submitted to Frank Elder, Assistant Chief,
Driver License Division, Texas Department of Public Safety, P.O. Box 4087,
Austin, Texas 78773-0300, (512) 424-2768.
The amendments are proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §521.005.
Texas Government Code, §411.004(3) and Texas Transportation Code, §521.005
are affected by this proposal.
§15.42.Social Security Number.
(a)
The social security number shall be obtained from all applicants
who have been issued a number by the United States Social Security Administration.
This number will be utilized by the department
for the purpose of additional
identification
and may be disclosed only to those entities that have
statutory authority to receive the social security number. This includes the
Child Support Division of the Office of the Attorney General - State of Texas,
the United States Selective Service Administration, and the Texas Secretary
of State
. [
(b)
When a social security number is originally obtained, it
is mandatory that documentation be provided to verify the number. Documentation
may include
:
[
(1)
Federal issued Social Security Card,
(2)
Health Card (if member number represents
Social Security Number),
(3)
Pilot's license,
(4)
Military identification (Active and reserve
duty personnel only, not acceptable for dependents),
(5)
Peace officer's license - Texas Commission
on Law Enforcement Officer Standards and Education,
(6)
DD-214,
(7)
Medicare/Medicaid Cards,
(8)
Certified college/university transcript
designating number as SSN, or
(9)
Veteran's administration card with social
security number preprinted on card.
(c)
On all duplicate and renewal
driver
[
(d)
The department may verify the authenticity
of the social security numbers on record through the Social Security Administration.
In the event that the social security number on record cannot be authenticated,
the department may deny issuance of the renewal, duplicate or original transaction
until such time as authentication is made through the Social Security Administration.
If the license was previously issued, the department may mail to the address
on record a notice requiring the license holder to provide additional documentation.
Failure to comply with this request within 30 days may result in the cancellation
of the driver license.
(e)
[
(f)
Applicants who state they have not applied
for, have not been issued or do not have a social security number assigned
by the Social Security Administration will be given the department's "Social
Security" affidavit for completion. This sworn affidavit will contain:
(1)
The applicant's full name, date of birth, and driver license
number;
(2)
A statement that the applicant has not applied for, been
issued or assigned a social security number by the United States Social Security
Administration;
(3)
A statement of release for verification and investigative
purposes;
(4)
A notice that failure to provide required information to
the department may result in the cancellation of the applicant's driver license
or identification certificate per Texas Transportation Code, §521.314;
and
(5)
A notice that the applicant can be subject to other criminal
penalties including Texas Transportation Code, §521.451 and §521.454.
[(e)
Individuals who do not possess a social
security number will be referred to the Social Security Administration to
obtain such number.]
[(1)
An individual, ineligible to obtain a social security
number due to immigration status, will be required to obtain a letter from
the Social Security Administration (SSA L-676) indicating their non-eligibility.]
[(2)
Upon presentation of the Social Security Administration
letter demonstrating the applicant's ineligibility to obtain a social security
number, the department will assign the applicant an alternate numeric identifier,
to be used in lieu of the social security number. Thereafter, the driver's
license application will be processed in accordance with existing policies,
rules, and procedures.]
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 May 23, 2002.
TRD-200203218
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 424-2135
37 TAC §21.1
The Texas Department of Public Safety proposes an amendment
to §21.1, concerning Equipment and Vehicle Standards. Subsection (b)(7)
is deleted to comply with an opinion by the Texas Court of Appeals in Corpus
Christi that subsection (b)(7) pertaining to pre-1988 vehicles is inconsistent
with the legislative mandate set forth in Texas Transportation Code, Chapter
547.
Tom Haas, Chief of Finance, has determined that for each year of the first
five-year period the rule is in effect there will be no fiscal implications
for state or local government, or local economies.
Mr. Haas also has determined that for each year of the first five-years
the rule is in effect the public benefit anticipated as a result of enforcing
the rule will be compliance by the department with a decision of a Court of
Appeals of this State. There is no anticipated adverse economic effect on
individuals, small businesses, or micro-businesses.
Comments on the proposal may be submitted to Inspector Randy McDaniel,
Texas Department of Public Safety, Office of Audit and Inspection, P.O. Box
4087, Austin, Texas 78773-0140, (512) 424- 2873.
The amendment is proposed pursuant to Texas Government Code, §411.004(3),
which authorizes the Public Safety Commission to adopt rules considered necessary
for carrying out the department's work and Texas Transportation Code, §547.101,
which provides that the department may adopt rules to administer this chapter.
Texas Government Code, §411.004(3) and Texas Transportation Code, §547.101
are affected by this proposal.
§21.1.Standards for Vehicle Equipment.
(a)
Standards for vehicle equipment.
(1)
Definition. The following words and terms, when used in
this chapter, shall have the following meanings, unless the context clearly
indicates otherwise. Vehicle equipment means a system, part, or device that
is manufactured or sold as original equipment, as replacement equipment, or
as an accessory for a vehicle or a device or article of apparel manufactured
or sold to protect a driver or passenger of a vehicle.
(2)
Standards--federal motor vehicle safety standard. The performance
standard for vehicle equipment established by the Texas Department of Public
Safety shall be identical to the applicable federal standard.
(A)
Lighting device--FMVSS 108:
(i)
backup lamp;
(ii)
clearance lamp;
(iii)
hazard warning lamp, signal, flashers, and switches;
(iv)
headlamp--sealed and nonsealed beam and housing;
(v)
identification lamp;
(vi)
license plate lamp;
(vii)
parking lamp (front position lamps);
(viii)
reflex reflector;
(ix)
replacement lenses;
(x)
school bus alternating warning lamp, signal, flashers,
and switches;
(xi)
side marker lamp;
(xii)
stop signal lamp;
(xiii)
tail lamp (rear position lamps);
(xiv)
turn signal lamp, signal, flashers, and switches;
(xv)
triangle warning device--FMVSS 125.
(B)
Safety glass and glazing--FMVSS 205.
(C)
Seat belts--FMVSS 209.
(3)
Standards--Society of Automotive Engineers. The performance
standard for vehicle equipment established by the Texas Department of Public
Safety in which no federal standard is in effect shall be identical to the
applicable standard adopted by the Society of Automotive Engineers (SAE).
(A)
Lighting devices (auxiliary)--SAE:
(i)
auxiliary low beam (passing lamp)--J582;
(ii)
driving lamp--J581;
(iii)
fog lamp--J583;
(iv)
spot lamp--J591;
(v)
high mounted stop and turn signal lamp--J186;
(vi)
cornering lamp--J852;
(vii)
side turn signal lamp--J914;
(viii)
flashing warning lamp for emergency vehicle--J595;
(ix)
360-degree emergency warning lamp--J845.
(B)
Special vehicle equipment--SAE:
(i)
warning lamp alternating flashers--J1054;
(ii)
motorcycle auxiliary front lamps--J1306.
(b)
One-way glass and sun screening devices.
(1)
One-way (AS-3) glass on motor vehicles. The following regulations
establish standards and specifications for the use of one-way glass.
(A)
One-way (AS-3) glass is safety glazing which must meet
federal motor vehicle safety standards (FMVSS 205 and 128) and American National
Standards Institute (ANSI) Z26.1-1977. The luminous reflectance and light
transmittance capacity are incorporated into the glazing during the manufacturing
process.
(B)
Use of one-way (AS-3) glass. AS-3 safety glazing (one-way
or privacy) glass is an option available on many new motor vehicles. It may
be used anywhere in a bus, van, club wagon, truck, or truck tractor except
in the windshield and front (side) windows to the immediate right and left
of the driver, and in the rearmost window if such rearmost window is used
for driving visibility. If the vehicle is equipped with outside rearview mirrors,
then one-way (AS-3) glass may be used in the rearmost window. One-way glass
may not be used in any window, interior partition, or aperture created for
window purposes in a passenger automobile, station wagon, or taxicab.
(2)
Sun screening device definitions. The following words and
terms, when used in this section, shall have the following meanings, unless
the context clearly indicates otherwise.
(A)
Sun screening device--A film material or device meeting
standards adopted by the department for reducing the effects of the sun.
(B)
Light transmission--The ratio of the amount of total light
to pass through a product or material to the amount of total light falling
on the product or material and the glazing.
(C)
Luminous reflectance--The ratio of the amount of total
light that is reflected outward by a product or material to the amount of
total light falling on the product or material.
(D)
Manufacturer means either--
(i)
A person who engages in the manufacturing or assembling
of a sun screening device; or
(ii)
A person who fabricates, laminates, or tempers a safety
glazing material, incorporating, during the manufacturing process, the capacity
to reflect or reduce the transmission of light.
(E)
Multipurpose vehicle--A motor vehicle designed to carry
10 or fewer persons that is constructed either on a truck chassis or with
special features for occasional off-road use.
(3)
Sun screening devices on motor vehicles.
(A)
The following regulations establish standards and specifications
for the use of sun screening devices.
(i)
The front side wing vents and/or windows to the immediate
right and left of the driver may be applied with a sun screening device that
has a light transmission of not less than 35% and a luminous reflectance of
not more than 35%. Labeling on these windows must be provided as referred
to in paragraph (4) of this subsection. Labels on wing vents are not required.
(ii)
Side windows which are to the rear of the driver may be
applied with a sun screening device in conjunction with glazing (vehicle
glass).
(iii)
Rear window or windows may be applied with a sun screening
device that has a light transmission of not less than 35% and a luminous reflectance
of not more than 35% if labeling requirements are met in paragraph (4) of
this subsection. Rear windows failing to meet labeling requirement of paragraph
(4) of this subsection may be applied with sun screening devices if the motor
vehicle is equipped with outside mirrors on both the left and right sides
of the vehicle that are located so as to reflect to the driver a view of the
highway through each mirror a distance of at least 200 feet to the rear of
the vehicle.
(B)
This paragraph does not apply to a windshield that has
a sun screening device that:
(i)
has a light transmission of not less than 33%;
(ii)
has a luminous reflectance of not more than 35%;
(iii)
is not red or amber in color; and
(iv)
does not extend downward beyond the AS-1 line or more
than five inches from the top of the windshield, whichever is closer to the
top of the windshield.
(4)
Manufacturer requirements.
(A)
Each manufacturer shall provide a label with a means for
permanent and legible installation between the material and each glazing surface
to which it is applied that contains the following information: manufacturer
(name or registration number), and statement--complies with DPS, or 37 Texas
Administrative Code (TAC).
(B)
Each manufacturer shall include instructions with the product
or material for proper installation, including the affixing of the label.
At a minimum, one window shall have placed in the left lower corner between
the sun screening device and the glass a label legible from the outside of
the vehicle.
(C)
Each manufacturer shall obtain certification of sun screening
devices used on the front side wing vents and windows that certifies to the
Texas Department of Public Safety that the product or material he or she manufactures
or assembles is in compliance with the reflectivity and transmittance requirements
of this section.
(5)
Placement of required certificates and use of window covers.
(A)
This section does not permit or prohibit the use and placement
of federal, state, or local certificates on any window as are required or
prohibited by applicable laws.
(B)
The use of curtains, blinds, drapes, or stick-on novelty
designs in the rear window or windows is not prohibited.
(C)
Louvered materials, when installed as designed, shall not
reduce the area of driver visibility below 50% as measured on a horizontal
plane. When such materials are used in conjunction with the rear window, the
measurement shall be made based upon the driver's view from the inside rearview
mirror.
(6)
On application from a person required for medical reasons
to be shielded from the direct rays of the sun, supported by written attestation
of that fact from a licensed physician, the Department of Public Safety may
issue an exemption from the requirements of this section for a motor vehicle
belonging to the person or in which the person is an habitual passenger. Application
should be addressed to: Texas Department of Public Safety, Traffic Law Enforcement,
P.O. Box 4087, Austin, Texas 78773-0500.
(7)
[
[
(A)
an adjustable nontransparent sun visor mounted forward
of the side windows and not attached to the glass;
(B)
a side window that is to the rear of the driver on a multipurpose
vehicle; or
(C)
a motor vehicle that is not registered in this state.
(D)
a vehicle that is maintained by a law enforcement agency
and used for law enforcement purposes.
(8)
[
(c)
Safety guards or flaps.
(1)
Safety guards or flaps are required on all trucks, trailers,
or semitrailers (in combination with a towing vehicle), if the rearmost axle
of the vehicle (or combination) has four tires or more. They are not required
on buses, pole trailers, motor homes, or truck tractors.
(2)
Safety guards or flaps shall be located and suspended behind
the rearmost wheels of such vehicle or if in combination behind the rearmost
wheels of such combination to within eight inches of the surface of the roadway.
(3)
A tolerance of four inches will be allowed.
(4)
Safety guards or flaps shall be at least as wide as the
tires they are protecting.
(5)
When trailers and semitrailers are operated in combination
with a towing vehicle, safety guards or flaps will be required on the rearmost
axle of such combination.
(6)
Safety guards or flaps shall be of metal, rubber, rubberized
material, or other substantial material, capable of remaining in place back
of rear wheels by their own weight while the said vehicle is being operated.
(7)
The construction of safety guards or flaps will be such
that they will remain in proper place back of rear wheels and will be rigid
enough to prevent slush, mud, or gravel being transmitted from the vehicle's
rear wheels to the windshield of the following vehicle.
(8)
Safety guards or flaps should be securely mounted, as wide
as the tire that it is protecting, not split or torn to the extent that it
is ineffective and the bottom edge of the safety guard or flap shall be no
more than 12 inches from the surface of the roadway.
(9)
Refer to §23.78 of this title (relating to Instructions
and Guidelines) for adopted vehicle inspection Rules and Regulations Manual.
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 May 23, 2002.
TRD-200203216
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 424-2135
Chapter 141.
GENERAL PROVISIONS
Subchapter A. BOARD OF PARDONS AND PAROLES
37 TAC §141.1
The Texas Board of Pardons and Paroles proposes an amendment
to 37 TAC §141.1 concerning the duties of the presiding officer and the
policy board. The amendment is proposed to clarify the authority of the presiding
officer to delegate administrative matters, as necessary, to the policy board.
Gerald Garrett, Chair of the Board, has determined that, for the first
five-year period the proposed amendment is in effect, no fiscal implications
exist for state or local government as a result of enforcing or administering
this section.
Mr. Garrett also has determined that, for each year of the first five years
the proposed amendment is in effect, the public benefit anticipated as a result
of enforcing the amendment will be a clarification of the presiding officer's
and the policy board's position to administer executive decisions.
No anticipated economic corollary exists to small businesses or to persons
required to comply with the proposed amendment.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th St., Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendment is proposed under §508.035 and §508.036,
Government Code, which specify the duties of the presiding officer and the
policy board.
There is no cross-reference to the proposed amendment.
§141.1.Presiding Officer (Chair) and Policy Board
(a)
The presiding officer (chair) is designated by the governor
and serves in that capacity at the pleasure of the governor. The
chair
[
(b)
Six members of the board shall serve as the policy board
of the Board of Pardons and Paroles. The governor designates the policy board.
The term of a member of the policy board is six years, to be served concurrently
with the member's term on the board. The
chair
[
(c)
Policy board members shall administer
other matters as required by the chair.
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 May 22, 2002.
TRD-200203158
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 406-5458
37 TAC §141.60, §141.61
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC, Chapter 141, §141.60, §141.61 Subchapter C, concerning
the submission and presentation of information and the representation of incarcerated
offenders. The amendments are proposed to conform the language of the rules
to that of current board practice.
Gerald Garrett, Chair of the Board, has determined, that for the first
five-year period the proposed amendments are in effect, no fiscal implications
exist for state or local government as a result of enforcing or administering
this section.
Mr. Garrett also has determined that, for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amendments will be a clarification of the language
in regard to the requirements for submitting and presenting information to
the Board on behalf of an offender.
No anticipated economic corollary exists to small businesses or to persons
required to comply with the proposed amendments.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th St., Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendments are proposed under §508.036, §508.082
and §508.083, Government Code, which vests the board with the authority
to promulgate rules relating to the submission and presentation of information
and arguments to the board, a parole panel, and the department for and in
behalf of an offender.
There is no cross-reference to the proposed amendments.
§141.60.Submission and Presentation of Information
(a)
Unless otherwise provided, information and arguments for
and on behalf of an
offender
[
(b)
Unless otherwise provided, all information and arguments
for and on behalf of an
offender
[
(c)
In the event that an
offender's
[
§141.61.Representation of an Offender [
(a)
Persons representing an
offender
[
(b)
Requests for appearances by persons representing
offenders
[
(c)
The time, place, and manner of contact between a person
representing an
offender
[
(d)
For this purpose, the review period shall mean a period
greater than two months but less than six months prior to the
month of
the next scheduled review
[
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 May 22, 2002.
TRD-200203159
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 406-5458
Subchapter A. PAROLE PROCESS
37 TAC §§145.12, 145.13, 145.20
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC §§145.12, 145.13, and 145.20, concerning conditions and
rules of parole. The Board proposes amendments to these sections to conform
the language of the rules to that of current board practice and to institute
a new voting option for the parole process.
Gerald Garrett, Chair of the Board, has determined, that for the first
five-year period the proposed amendments are in effect, no fiscal implications
exist for state or local government as a result of enforcing or administering
this section.
Mr. Garrett also has determined that, for each year of the first five years
the amended rules as proposed are in effect, the public benefit anticipated
as a result the amendments to this section will be a clarification of the
language in regard to the Board's authority to make parole decisions.
No anticipated economic corollary exists to small businesses or to persons
required to comply with the proposed amendment.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th St., Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendments are proposed under §508.036 and §508.044,
Government Code, which authorizes the policy board to adopt rules relating
to the decision making processes used by the Board and parole panels and to
determine which offenders are to be released to parole or mandatory supervision.
There is no cross-reference to the proposed amendment.
§145.12.Action upon Review.
A case reviewed by a parole panel for parole consideration may be:
(1)
deferred for request and receipt of further information;
(2)
denied a favorable parole action at this time and set for
review on a future specific month and year (Set-Off). The next review docket
date (Month/Year) may be set at any date in the three year incarceration period
following the prior parole docket date, but in no event shall it be less than
one calendar year from either the prior parole docket date or the date of
the panel decision if the prior parole docket date has passed;
(3)
deny parole and order serve-all, but in no event shall
this be utilized if the
offender's
[
(4)
determined that the totality of the circumstances favor
the
offender's
[
(A)
FI-1-Release
the offender
when eligible;
(B)
FI-2 (Month/Year)--Release on a specified future date within
the three year incarceration period following either the prior parole docket
date or date of the panel decision if the prior parole docket date has passed;
(C)
FI-3 R (Month/Year)--Transfer to a TDCJ rehabilitation
program. Release to parole only after program completion and no earlier than
three months from specified date. Such TDCJ program may include the Pre-Release
Substance Abuse Program (PRSAP). In no event shall the specified date be set
more than three years from the current docket date or the date of the panel
decision if the current docket date has passed;
(D)
FI-4 (Month/Year)--Transfer to Pre-Parole Transfer facility
prior to presumptive parole date set by
a parole
[
(E)
FI 5--Transfer to
In-Prison
[
(F)
FI 6 R (Month/Year)--Transfer to a TDCJ rehabilitation
program. Release to parole only after program completion and no earlier than
six months from specified date. Such TDCJ program may include the Pre-Release
Therapeutic Community (PRTC). In no event shall the specified date be set
more than three years from the current docket date or the date of the panel
decision if the current docket date has passed;
(G)
FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation
program. Release to parole only after program completion and no earlier than
nine months from specified date. Such TDCJ program may include the In-Prison
Therapeutic Community (IPTC). In no event shall the specified date be set
more than three years from the current docket date or the date of the panel
decision if the current docket date has passed;
(H)
FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation
treatment program. Release to parole
upon successful completion of the
program
[
(5)
any person released to parole after completing a TDCJ treatment
program as a prerequisite for parole, must participate in and complete any
required post-release program.
§145.13.Action upon Review; Consecutive (Cumulative) Felony Sentencing.
(a)
This section applies only to
an offender
[
(b)
A parole panel shall review for parole consideration consecutive
felony sentencing cases as determined and in the sequence submitted by TDCJ.
(c)
If the case under parole consideration is a pre-final consecutive
felony sentencing case, the parole panel may:
(1)
defer for request and receipt of further information;
(2)
vote CU/FI (Month/Year Cause Number),
designate the date on which the offender would have been eligible for release
on parole if the offender prisoner had been sentenced to serve a single sentence.
This date shall be within a three-year incarceration period following either
the prior parole docket date or date of the panel decision if the prior parole
docket date has passed.
(3)
[
[(3)
vote CU/FI (Month/Year Cause Number),
designate the date on which the prisoner would have been eligible for release
on parole if the offender prisoner had been sentenced to serve a single sentence.
This date shall be within a three-year incarceration period following either
the prior parole docket date or date of the panel decision if the prior parole
docket date has passed.]
(4)
vote CU/SA (Month/Year-Cause Number):
Deny release; an offender is within 24 months of their maximum expiration
date. .
(d)
If the case under parole consideration is the last and
final in a series of consecutive felony sentencing cases, the case shall be
reviewed in accordance with §145.12 of this title (relating to Action
upon Review).
(e)
When a parole panel reviews for parole consideration a
consecutive felony sentencing case, the parole panel shall indicate the Cause
Number of the consecutive felony sentencing case it is considering.
§145.20.Parole Certificate.
(a)
When the parole plan has been approved, a parole certificate
shall be issued and signed with a facsimile signature of the
chair
.
[
(b)
The parole approval is not effective or final until a formal
parole agreement is executed by the
offender
[
(c)
The parole certificate shall not become effective and in
force until the conditions are agreed to, signed, and accepted by the
offender
[
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 May 22, 2002.
TRD-200203160
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 406-5458
37 TAC §145.15
The Texas Board of Pardons and Paroles proposes 37 TAC §145.15,
a new rule concerning extraordinary vote action upon review. The rule is proposed
for adoption in order to bring the rules into compliance with current board
practice.
Gerald Garrett, Chair of the Board, has determined, that for the first
five-year period the proposed new rule is in effect, no fiscal implications
exist for state or local government as a result of enforcing or administering
this section.
Mr. Garrett also has determined that, for each year of the first five years
the proposed new rule is in effect, the public benefit anticipated as a result
of enforcing the new rule will be streamlining and clarification of the parole
review process for cases which require extraordinary voting practices.
No anticipated economic corollary exists to small businesses or to persons
required to comply with the proposed new rule.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th St., Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The new rule is proposed under §508.036 and §508.044,
Government Code, relating to the policy board's duty to adopt rules concerning
the decision-making processes and conditions of parole or mandatory supervision
used by the Board and parole panels.
There is no cross-reference to the proposed new rule.
§145.15.Action Upon Review; Extraordinary Vote.
(a)
This section applies to any offender convicted of a capital
offense under §21.11(a)(1) or §22.021, Penal Code, or who is required
under §508.145(c), Government Code, to serve 35 calendar years before
becoming eligible for parole review. All members of the board shall vote on
the release of an eligible offender. At least two-thirds of the members must
vote favorably for the offender to be released to parole. Members of the board
shall not vote until they receive and review a copy of a written report from
the department on the probability of the offender committing an offense after
being released.
(1)
Upon review, use of the full range of voting options is
not conducive to determining whether two-thirds of the board considers the
offender ready for release to parole.
(2)
If it is determined that circumstances favor the offender's
release to parole the board has the following voting options available:
(A)
FI-1: Release the offender when eligible; or
(B)
FI-18R (Month/Year): Transfer to a TDCJ rehabilitation
treatment program. Release to parole upon successful completion of the program
and no earlier than eighteen months from the specified date. Such TDCJ program
may include the Sex Offender Treatment Program (SOTP). In no event shall the
specified date be set more than two years from the current docket date or
the date of the panel decision if the current docket date has passed.
(3)
If it is determined that circumstances do not support a
favorable action upon review, the following options are available:
(A)
NR (Month/Year): Deny release and set the next date for
review in 24 months; or
(B)
SA: The offender's minimum expiration date is less than
24 months away. The offender will continue to serve their sentence until that
date.
(b)
If the offender is sentenced to serve consecutive sentences
and each sentence in the series is for an offense committed on or after September
1, 1987, the following voting options are available to the board panel:
(1)
CU/FI (Month/Year-Cause Number): A favorable parole action
that designates the date an offender would have been released if the offender
had been sentenced to serve a single sentence;
(2)
CU/NR (Month/Year-Cause Number): Deny release and set the
next date for review 24 months from either the prior docket date or the date
of the panel decision if the prior parole docket date has passed; or
(3)
CU/SA (Month/Year-Cause Number): Deny release; an offender
is within 24 months of their maximum expiration date.
(c)
Some offenders are eligible for consideration for release
to Discretionary Mandatory Supervision if the sentence is for an offense committed
on or after September 1, 1996. Prior to the offender reaching the mandatory
release date, the voting options are the same as those listed in (a) and (b)
in this section. Once an offender reaches the mandatory supervision serve
all (SA) date, a board panel will consider the offender for release to mandatory
supervision using the following options:
(1)
RMS: Release to mandatory supervision when TDCJ determines
that the prisoner has reached a mandatory supervision date; or
(2)
DMS (Month/Year): The next date for mandatory supervision
review shall be set one year from either the prior docket date or the date
of the panel decision if the prior parole docket date has passed.
(d)
Upon review of any eligible offender who qualifies for
release to Medically Recommended Intensive Supervision (MRIS), the MRIS panel
shall initially vote to either recommend or deny MRIS consideration. The MRIS
panel shall base this decision on the offender's medical condition and medical
evaluation, and shall determine whether the offender constitutes a threat
to public safety.
(1)
If the MRIS panel determines the offender does constitute
a threat to public safety, no further voting is required.
(2)
If the MRIS panel determines that the offender does not
constitute a threat to public safety, the case shall be sent to the full board,
which shall determine whether to approve or deny the offender's release to
parole. The following voting options are available to the board:
(A)
Approve MRIS: The board shall vote FI-1 and impose special
condition "O"-"The offender shall comply with the terms and conditions of
the MRIS program and abide by a TCOMI-approved release plan. At any time this
condition is in effect, a releasee shall remain under the care of a physician
and in a medically suitable placement"; the board shall provide appropriate
reasons for the decision to approve MRIS.
(B)
Deny MRIS: The board shall provide appropriate reasons
for the decision to deny MRIS.
(3)
The decision to approve release to MRIS for an offender
remains in effect until specifically withdrawn by the board.
(e)
If a request for a special review meets the criteria set
forth in §145.17 (a)-(d), the offender's case shall be sent to the special
review panel.
(1)
The special review panel may take action as set forth in §145.17(i).
If the panel determines that circumstances do not necessitate a special review,
no further voting is required.
(2)
If the panel grants the offender a special review, the
case shall be re-voted by the full board. The chair shall determine which
board office will begin the voting. Voting options are the same as those in
(a)-(c) of this section.
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 May 22, 2002.
TRD-200203166
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 406-5458
37 TAC §145.26
(Editor's note: The text of the following section proposed for
repeal will not be published. The section may be examined in the offices of
the Texas Board of Pardons and Paroles or in the Texas Register office, Room
245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Pardons and Paroles proposes
the repeal of 37 TAC §145.26 concerning annual report status. The section
is proposed for repeal to bring the rules into compliance with current board
practice.
Gerald Garrett, Chair of the Board, has determined that for the first five-year
period the proposed repeal of this rule is in effect, no fiscal implications
exist for state or local government as a result of enforcing or administering
this section.
Mr. Garrett also has determined that, for each year of the first five years
the proposed repeal is in effect, the public benefit anticipated as a result
of enforcing the repeal will be a clarification of the conditions and rules
of parole.
No anticipated economic corollary exists to small businesses or to persons
required to comply with the proposed rule repeal.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th St., Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this repeal.
The repeal is proposed under §508.036 and §508.044,
Government Code, relating to the policy board's duty to adopt rules concerning
the decision-making processes and conditions of parole or mandatory supervision
used by the Board and parole panels.
There is no cross-reference to the proposed repealed rules.
§145.26.Annual Report Status
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 May 22, 2002.
TRD-200203164
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 406-5458
Subchapter A. RULES AND CONDITIONS OF MANDATORY SUPERVISION
37 TAC §149.1, §149.3
The Texas Board of Pardons and Paroles proposes amendments
to 37 TAC §149.1 and §149.3 concerning the rules and conditions
of mandatory supervision and the supervision of Texas offenders in other states.
The amendments are proposed to update the language and bring the sections
into compliance with current board practice.
Gerald Garrett, Chair of the Board, has determined, that for the first
five-year period the proposed amendments are in effect, no fiscal implications
exist for state or local government as a result of enforcing or administering
this section.
Mr. Garrett also has determined that, for each year of the first five years
the proposed amendments are in effect, the public benefit anticipated as a
result of enforcing the amendment will be a clarification of the Board's authority
under law to make mandatory supervision decisions.
No anticipated economic corollary exists to small businesses or to persons
required to comply with the proposed amendment.
Comments should be directed to Laura McElroy, General Counsel, Texas Board
of Pardons and Paroles, 209 West 14th St., Suite 500, Austin, Texas 78701.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendments are proposed under §508.036, §508.044, §508.147
and Subchapters F and G, Government Code. The board interprets §508.036
and §508.044 as authorizing the policy to adopt reasonable rules relating
to the decision-making processes used by the board and parole panels. The
board interprets §508.147 as authorizing the parole panels to determine
the conditions of release to mandatory supervision. The board interprets Subchapters
F and G as relating to the mandatory and discretionary conditions of parole
or mandatory supervision.
There is no cross-reference to the proposed amendment.
§149.1.Conditions and Rules of Mandatory Supervision.
Every
offender
[
§149.3.Texas Mandatory Supervision Offenders [
Texas mandatory supervision
offender
[
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 May 22, 2002.
TRD-200203162
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: July 7, 2002
For further information, please call: (512) 406-5458
Chapter 15.
DRIVERS LICENSE RULES
Texas Transportation Code, §521.142(e), provides
that the department may require information necessary to determine the applicant's
identity, competency, and eligibility.
]
the actual social security card issued by the
United States government, income tax documents, W-2 tax forms, and payroll
or other employer records. A facsimile (flea market) or metal social security
card or list of numbers from an employer shall not be used.
]
driver's
] license applications, the documented social security number shall
be obtained where it is not currently a part of the driving record. After
the social security number becomes a part of the
driver
[
driver's
] license record, all future duplicate and renewal
transactions
occurring in a driver license office
[
of driver's license
]
will be verified
verbally
for
the
correct social security
number.
Should the social security number on record not match the number
provided, the applicant will be required to provide acceptable documentation
as listed above for verification
[
Eligible renewal-by-mail applicants
are required to provide a social security number certified by signature that
the number provided on the application is true and correct
].
(d)
] Applicants for an identification
certificate will be asked to provide verification of SSN documentation. If
the applicant fails or refuses to provide that social security information,
the identification certificate will be issued without such documentation unless
state or federal statute requires otherwise.
Chapter 21.
EQUIPMENT AND VEHICLE STANDARDS
The provisions of this subsection are applicable
to motor vehicles if the manufacturer's model year is before 1988.
]
(8)
]
This section does not apply to:
(9)
] Manufacturer's model year of a motor
vehicle 1988 and later shall comply with the provisions of Texas Transportation
Code, Subchapter 547.001, 547.609, and 547.613, and labeling requirements
promulgated in paragraph (4)(B) of this subsection.
Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
presiding officer (chair)
] acts as spokesperson for the
board.
presiding
officer (chair)
] of the board shall serve as presiding officer of the
policy board.
Subchapter C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS
inmate
] shall be in writing.
inmate
] shall be submitted
to the Review and Release Processing Section-TDCJ, Austin, Texas.
inmate's
] case is in the review period, copies of all information and arguments
for and on behalf of an
offender
[
inmate
] may be submitted
to members of the parole panel designated to consider the case. For this purpose,
review period shall mean a period greater than two months but less than six
months prior to the
month of the next scheduled review
[
scheduled
review date
].
Inmate ]
inmate
] may appear before a member of the board panel designated to consider
the
offender's
[
inmate's
] case.
inmates
] shall be only when the
offender's
[
inmate's
] case is under review, during the review period,
and at the discretion of the members of the
parole
[
board
] panel designated to review the case.
inmate
] and a member of the
board or an employee of the board shall be established by the members of the
parole
[
board
] panel designated to review the case.
scheduled review date
].
Chapter 145.
PAROLE
inmate's
] minimum
expiration date is over three years from either the prior parole docket date
or the date of the panel decision if the prior parole docket date has passed.
If the serve-all date in effect on the date of the panel decision is extended
by more than 180 days, the case shall be placed in regular parole review;
inmate's
] release on parole, further
investigation (FI) is ordered in the following manner; and, upon release to
parole, all conditions of parole or release to mandatory supervision that
the parole panel is required by law to impose as a condition of parole or
release to mandatory supervision are imposed:
board
]
panel and release to parole supervision on presumptive parole date, but in
no event shall the specified date be set more than three years from either
initial eligibility date, current docket date or date of panel decision, if
the aforementioned dates have passed;
Inpatient
] Therapeutic Community Program. Release to aftercare component only
after completion of IPTC program;
only after program completion
] and no earlier than
18 months from the specified date. Such TDCJ program may include the Sex Offender
Treatment Program (SOTP). In no event shall the specified date be set more
than three years from the current docket date or the date of the panel decision
if the current docket date has passed;
prisoner
] sentenced to serve consecutive sentences if each sentence
in the series is for an offense committed on or after September 1, 1987.
(2)
] vote CU/NR (Month/Year Cause
Number), deny favorable parole action and set for review on a future specific
month and year (set-off). The next review docket date (Month/Year) may be
set at any date in the three-year incarceration period following the prior
parole docket date, but in no event shall it be less than one calendar year
from either the prior parole docket date or the date of the panel decision
if the prior parole docket date has passed; or
chairman or another member of the Texas Board of Pardons and Paroles.
].
inmate
].
The approval may be withdrawn by a parole panel at any time prior to the acceptance
and execution by the
offender
[
inmate
] of the formal
parole agreement(s) which is contained in the parole certificate.
inmate
].
Subchapter B. TERMS AND CONDITIONS OF PAROLE
Chapter 149.
MANDATORY SUPERVISION
inmate
] being released on mandatory
supervision shall be issued a written statement listing the conditions and
rules of mandatory supervision in clear and intelligible language; and, upon
release to mandatory supervision, all conditions of parole or release to mandatory
supervision that the parole panel is required by law to impose as a condition
of parole or release to mandatory supervision are imposed. The
offender
[
releasee
] may have additional conditions imposed by a parole
panel after release, and shall be notified in writing of any such conditions.
Continuance on mandatory supervision is conditioned upon full compliance with
all conditions and rules of mandatory supervision as imposed by the parole
panel.
Releasees ] Supervised in Other States.
releasee
]
accepted for supervision in other states under the terms of the Interstate
Parole Compact (Texas Code of Criminal Procedure, Article 42.11)
shall
adhere to the conditions and rules of supervision for Texas and the receiving
state.
[
are required to abide by both the sections of mandatory
supervision for Texas as set forth in §149.1 of this title (relating
to Rules and Conditions of Mandatory Supervision) and the sections of parole
of the receiving state.
]