Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 152.
INSTITUTIONAL DIVISION
Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE INSTITUTIONAL DIVISION
37 TAC §152.12
The Texas Board of Criminal Justice proposes an amendment
to 37 TAC §152.12, concerning Methodology for Changing Maximum Unit and
System Population.
The purpose of the amendment is to memorialize proposed additions to capacity
at the below-listed TDCJ units, in accordance with the "House Bill 124" process
embodied in Texas Government Code §§499.102 et seq., originally
enacted at Acts 1991, 72nd Legislature, chapter 655: Garza East, Garza West,
and Middleton (additional 128 beds each); and Wheeler, Ney, Havins, and Henley
(additional 72 beds each). The total is 672 beds, with 384 in the Institutional
Division and 288 in the State Jail Division.
The House Bill 124 process requires approval of proposed additions to capacity
by, in order: TDCJ staff, TDCJ senior management, the Board of Criminal Justice,
the Governor, and the Attorney General. In addition, the statute requires
that the procedure be accomplished through rulemaking, so the Board of Criminal
Justice will consider adoption of the proposed amendment at a subsequent meeting,
after consideration of any comments received within the requisite 30 days.
The staff of the Institutional Division, State Jail Division, and other
operational divisions of TDCJ, finds and recommends that the increases may
be made without limiting the ability of the agency to operate the affected
units at the higher capacities and provide for the matters listed in Government
Code §499.102(a).
Pursuant to Government Code §499.104, these staff findings have been
independently reviewed and concurred in by the following TDCJ officials: Gary
L. Johnson, Executive Director; Ed Owens, Deputy Executive Director; Gary
Gomez, Operations Division Director; Dr. Lannette Linthicum, Health Services
Division Director; Debbie Roberts, Programs and Services Division Director;
Debbie Liles, Administrative Review and Risk Management Division Director;
Janie Cockrell, Institutional Division Director; Nathaniel Quarterman, State
Jail Division Director; and Brad Livingston, Financial Services Division Director
and Chief Financial Officer.
Pursuant to Government Code §499.102(b), these staff findings have
also been forwarded to the Legislative Budget Board for an estimate of the
initial cost of implementing the increases and the increases in operating
costs for the affected units for the five years immediately following the
increases in capacity. The LBB's response will be included in the adoption
preamble.
Brad Livingston, Chief Financial Officer for TDCJ, has determined that
for the first five years the amendment will be in effect, enforcing or administering
the amendment will have the following costs for state government (and none
for local government): initial retrofitting (beds, some fixtures)--$223,770.00;
annual operating costs--$2,404,266.00; initial cost plus operating for the
first five years--$12,245,100.00.
Mr. Livingston has also determined that there will be no economic impact
on persons required to comply with the amendment, and that the public benefit
expected as a result of the amendment is the public safety benefit of additional
offender capacity at limited expense.
Pursuant to Government Code §499.103, notice to offenders in the affected
units has been posted, and comments will be considered prior to adoption.
Public comments should be directed to Carl Reynolds, General Counsel, Texas
Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Carl.Reynolds@tdcj.state.tx.us.
Written comments from the general public should be received within 30 days
of the publication of this proposal.
The amendment is proposed under Texas Government Code, §492.010
and §§499.102 et seq.
Cross Reference to Statutes: Texas Government Code §§499.102
et seq.
§152.12.Methodology for Changing Maximum Unit and System Population.
(a) - (j)
(No change.)
(k)
March 2003 Additions to Capacity.
(1)
At the Garza East, Garza West, and Middleton Units, an
addition of two double bunks in each of 32 dormitories increases the capacity
by 128 at each unit.
(2)
At the Ney, Wheeler, Henley and Havins State Jail Units,
an addition of eight beds in each of nine dormitories increases the capacity
by 72 at each unit.
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 March 14, 2003.
TRD-200301750
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: April 27, 2003
For further information, please call: (512) 463-0422
Subchapter C. PHYSICAL PLANT STANDARDS
Chapter 157.
STATE JAIL FELONY FACILITIES