Part 5.
TEXAS BOARD OF PARDONS AND PAROLES
Chapter 141.
GENERAL PROVISIONS
Subchapter A. BOARD OF PARDONS AND PAROLES
37 TAC §141.1, §141.3
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §141.1 and §141.3, concerning the scope of authority of
the board and its presiding officer. The amendments are adopted without changes
to the proposed text as published in the December 5, 2003, issue of the
The amended rules are adopted to incorporate new language under Chapter
141, General Provisions. The function of both amended rules is to conform
the board's rules to new statutory law (House Bill 7, Acts of the 78th Legislature,
3rd Called Session, 2003, effective January 11, 2004).
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as giving the Policy Board the authority to promulgate
rules relating to the board's decision-making processes.
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 January 16, 2004.
TRD-200400371
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.2
The Texas Board of Pardons and Paroles adopts the repeal
of 37 TAC §141.2, concerning the number of members that constitutes a
quorum of the policy board. The repeal is adopted without changes to the proposal
as published in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10889). The text of the repeal will not be
republished.
The repeal is adopted to allow the identical information to be placed in
37 TAC §141.3, relating to board administration. The repeal is adopted
in conjunction with the agency's review of Chapter 141 and in accordance with
the requirements of Texas Government Code, §2001.039. The board has determined
that the reason for adoption of the rule does not continue to exist.
No comments were received regarding adoption of the repeal of the rule.
The repeal is adopted under §508.036, Government Code, which
the board interprets as providing the Policy Board with the authority to promulgate
rules relating to the board's decision-making processes.
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 January 16, 2004.
TRD-200400377
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.57
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §141.57, concerning board procedures for petitions for rule
adoptions. The amendments are adopted without change to the proposed text
as published in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10889). The text of the rule will not be
republished.
The amended rule is adopted to incorporate new language under Chapter 141,
General Provisions. The function of the amendments is to conform the board's
rules to new statutory law (House Bill 7, Acts of the 78th Legislature, 3rd
Called Session, 2003, effective January 11, 2004) by deleting references to
the "policy board."
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036 and §508.082,
Government Code. The board interprets §508.036 as giving the Policy Board
the authority to promulgate rules relating to the board's decision-making
processes, and §508.082 as giving the board the authority to adopt rules
relating to the submission and presentation of information and arguments to
the board.
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 January 16, 2004.
TRD-200400370
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.81
The Texas Board of Pardons and Paroles adopts an amendment
to 37 TAC §141.81, concerning board procedures for registering visitors
to board offices. The amendment is adopted without change to the proposed
text as published in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10890). The text of the rule will not be
republished.
The amended rule is adopted to incorporate new language under Chapter 141,
General Provisions. The function of the amendment is to conform the board's
rules to new statutory law (House Bill 7, Acts of the 78th Legislature, 3rd
Called Session, 2003, effective January 11, 2004) by including "parole commissioner"
where applicable.
No comments were received regarding adoption of the amendment.
The amendment is adopted under §508.036, Government Code,
which the board interprets as giving the Policy Board the authority to promulgate
rules relating to the board's decision-making processes, and §508.082,
Government Code, which the board interprets as giving the board the authority
to adopt rules relating to the submission and presentation of information
and arguments to the Board.
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 January 16, 2004.
TRD-200400369
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.91
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §141.91, concerning board procedures for interviewing. The
amendments are adopted without changes to the proposed text as published in
the December 5, 2003, issue of the
Texas Register
(28 TexReg 10891). The text of the rule will not be republished.
The amendments are adopted to incorporate new language under Chapter 141,
General Provisions. The function of the amendments is to conform the board's
rules to new statutory law (House Bill 7, Acts of the 78th Legislature, 3rd
Called Session, 2003, effective January 11, 2004) by including "parole commissioner"
where applicable.
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036 and §508.082,
Government Code. The board interprets §508.036 as giving the Policy Board
the authority to promulgate rules relating to the board's decision-making
processes. The board interprets §508.082 as giving the Board the authority
to adopt rules relating to the submission and presentation of information
and arguments to the Board.
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 January 16, 2004.
TRD-200400368
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.94
The Texas Board of Pardons and Paroles adopts the repeal
of 37 TAC §141.94, concerning decisions made during interviews. The repeal
is adopted without changes to the proposal as published in the December 5,
2003, issue of the
Texas Register
(28 TexReg
10891). The text of the repeal will not be republished.
The repeal is adopted to bring the rules into compliance with current board
practice. The repeal is adopted in conjunction with the agency's review of
Chapter 141 and in accordance with the requirements of Texas Government Code, §2001.039.
The board has determined that the reason for adoption of the rule does not
continue to exist.
No comments were received regarding adoption of the repeal of the rule.
The repeal is adopted under §508.036, Government Code, which
the board interprets as providing the Policy Board with the authority to promulgate
rules relating to the board's decision-making processes.
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 January 16, 2004.
TRD-200400378
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.101
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §141.101, concerning board procedures for issuing subpoenas.
The amendments are adopted without changes to the proposed text as published
in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10891). The text of the rule will not be republished.
The amendments are adopted to incorporate new language under Chapter 141,
General Provisions. The function of the amendments is to conform the board's
rules to new statutory law (House Bill 7, Acts of the 78th Legislature, 3rd
Called Session, 2003, effective January 11, 2004) by deleting references to
the "policy board."
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes.
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 January 16, 2004.
TRD-200400367
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §141.102
The Texas Board of Pardons and Paroles adopts the repeal
of 37 TAC §141.102, concerning serving and enforcing subpoenas. The repeal
is adopted without changes to the proposal as published in the December 5,
2003, issue of the
Texas Register
(28 TexReg
10892). The text of the repeal will not be republished.
The repeal is adopted to eliminate duplicative wording from the rules.
The repeal is adopted in conjunction with the agency's review of Chapter 141
and in accordance with the requirements of Texas Government Code, §2001.039.
The board has determined that the reason for adoption of the rule does not
continue to exist.
No comments were received regarding adoption of the repeal of the rule.
The repeal is adopted under §508.036, Government Code, which
the board interprets as providing the Policy Board with the authority to promulgate
rules relating to the board's decision-making processes.
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 January 16, 2004.
TRD-200400379
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
Subchapter A. PAROLE PROCESS
37 TAC §§145.1, 145.9, 145.16, 145.17
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §§145.1, 145.9, 145.16 and 145.17, concerning parole considerations.
The amendments are adopted without changes to the proposed text as published
in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10892). The text of the rules will not be republished.
The amendments are adopted to incorporate new language under Chapter 145,
Parole. The function of the amendments is to conform the board's rules to
new statutory law (House Bill 7, Acts of the 78th Legislature, 3rd Called
Session, 2003, effective January 11, 2004) by replacing "board" with "parole
panel" where applicable, and by adding "parole commissioner" where applicable.
Another function of the amendments is to replace "inmate" with the preferred
term, "offender."
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes, and §508.044,
Government Code, which the board interprets as providing the Policy Board
with the authority to adopt rules relating to the eligibility of an inmate
for release on parole or mandatory supervision.
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 January 16, 2004.
TRD-200400366
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §§145.3, 145.12 - 145.15
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §145.3 and §§145.12 - 145.15, concerning parole decisions.
The amendments are adopted without changes to the proposed text as published
in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10894). The text of the rules will not be republished.
The amendments are adopted to incorporate new language under Chapter 145,
Parole. The function of the amendments is to conform the board's rules to
new statutory law (§508.141, subsection (g), Government Code (Senate
Bill 917, Acts of the 78th Legislature, Regular Session, 2003, effective June
18, 2003)) establishing time periods for considering offenders for release
after denial; to conform to new statutory law (House Bill 7, Acts of the 78th
Legislature, 3rd Called Session, 2003, effective January 11, 2004) by adding
the term "parole commissioner" where applicable; and to conform to statutory
law by updating the name of a Texas Department of Criminal Justice division.
Another function of the amendments is to replace "inmate" or "prisoner" with
the preferred term, "offender," and to replace "special needs parole" with
the updated term, "Medically Recommended Intensive Supervision."
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes, and §508.044,
Government Code, which the board interprets as providing the Policy Board
with the authority to adopt rules relating to the eligibility of an inmate
for release on parole or mandatory supervision.
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 January 16, 2004.
TRD-200400365
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §145.21
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §145.21, concerning parole in absentia. The amendments are
adopted without changes to the proposed text as published in the December
5, 2003, issue of the
Texas Register
(28 TexReg
10897). The text of the rule will not be republished.
The amendments are adopted to incorporate new language under Chapter 145,
Parole. The function of the amendments is to update the name of a division
in the Texas Department of Criminal Justice, and to replace "prisoner" and
"administrative releasee" with the preferred term, "offender."
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes, and §508.044,
Government Code, which the board interprets as providing the Policy Board
with the authority to adopt rules relating to the eligibility of an inmate
for release on parole or mandatory supervision.
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 January 16, 2004.
TRD-200400364
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §146.6, §146.8
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §146.6 and §146.8, concerning the scheduling of preliminary
and revocation hearings. The amendments are adopted without changes to the
proposed text as published in the December 5, 2003, issue of the
Texas Register
(28 TexReg 10897). The text of the rules will not be
republished.
The amendments are adopted to incorporate new language under Chapter 146,
Revocation of Parole or Mandatory Supervision. The function of the amendments
is to conform the board's rules to new statutory law (§508.282, Government
Code (Senate Bill 880, Acts of the 78th Legislature, Regular Session, 2003,
effective September 1, 2003)), which changed the number of days allowed for
disposition of certain charges regarding a violation of parole or other forms
of release from prison.
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes and §508.044,
Government Code, which the board interprets as giving the Policy Board the
authority to adopt rules relating to the conduct of hearings.
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 January 16, 2004.
TRD-200400363
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
Subchapter A. GENERAL RULES FOR HEARINGS
37 TAC §§147.1, 147.2, 147.5
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §§147.1, 147.2, and 147.5, concerning hearings and the
authority of hearing officers. The amendments are adopted without changes
to the proposed text as published in the December 5, 2003, issue of the
The amendments are adopted to incorporate new language under Chapter 147,
Hearings. The function of the amendments is to make non-substantive changes
to the wording of the board rules.
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes and §508.044,
Government Code, which the board interprets as giving the Policy Board the
authority to adopt rules relating to the conduct of hearings.
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 January 16, 2004.
TRD-200400376
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
37 TAC §147.3
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §147.3, concerning communicating the facts or laws from a hearing
to all the parties involved. The amendments are adopted without changes to
the proposed text as published in the December 5, 2003, issue of the
The amendments are adopted to incorporate new language under Chapter 147,
Hearings. The function of the amendments is to conform the board's rules to
new statutory law (House Bill 7, Acts of the 78th Legislature, 3rd Called
Session, 2003, effective January 11, 2004) by amending the list of individuals
who render hearing decisions.
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes and §508.044,
Government Code, which the board interprets as giving the Policy Board the
authority to adopt rules relating to the conduct of hearings.
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 January 16, 2004.
TRD-200400375
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
Subchapter A. PUBLISHED POLICIES OF THE BOARD
37 TAC §150.56
The Texas Board of Pardons and Paroles adopts amendments
to 37 TAC §150.56, concerning the administration of the agency. The amendments
are adopted without changes to the proposed text as published in the December
5, 2003, issue of the
Texas Register
(28 TexReg
10899). The text of the rule will not be republished.
The amendments are adopted to incorporate new language under Chapter 150,
Memorandum of Understanding and Board Policy Statements. The function of the
amendments is to conform the board's rules to new statutory law (House Bill
7, Acts of the 78th Legislature, 3rd Called Session, 2003, effective January
11, 2004) and to replace the term "chairperson" with the preferred term, "presiding
officer."
No comments were received regarding adoption of the amendments.
The amendments are adopted under §508.036, Government Code,
which the board interprets as providing the Policy Board with the authority
to promulgate rules relating to the board's decision-making processes.
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 January 16, 2004.
TRD-200400374
Laura McElroy
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 5, 2004
Proposal publication date: December 5, 2003
For further information, please call: (512) 406-5388
Chapter 151.
GENERAL PROVISIONS
37 TAC §151.4
The Texas Board of Criminal Justice adopts the amendment
to §151.4, concerning Presentations to the Texas Board of Criminal Justice
without changes to the text as proposed in the October 10, 2003, issue of
the
Texas Register
(28 TexReg 8829).
The purpose of the amendment is to provide the opportunity for public presentations
to the Texas Board of Criminal Justice on topics that are subject to the Board's
jurisdiction but are not posted for deliberation.
No comments were received regarding the amendment.
The amendment is adopted under Texas Government Code, §492.013,
which grants general rulemaking authority to the Board and §492.007,
which requires the Board to provide access and public comment on issues within
the jurisdiction of the board, as well as Texas Government Code, Chapter 551,
the Open Meetings Act.
The amendment is adopted under Texas Government Code, Chapter 551, and §492.007.
Cross Reference to Statutes: Texas Government Code, Chapter 551, and §492.007.
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 January 16, 2004.
TRD-200400381
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: February 5, 2004
Proposal publication date: October 10, 2003
For further information, please call: (512) 463-0422
Subchapter B. RULEMAKING
Subchapter D. REGISTRATION OF VISITORS AND FEE AFFIDAVITS
Subchapter E. INTERVIEWS
Subchapter F. SUBPOENAS
Chapter 145.
PAROLE
Subchapter B. TERMS AND CONDITIONS OF PAROLE
Chapter 146.
REVOCATION OF PAROLE OR MANDATORY SUPERVISION
Chapter 147.
HEARINGS
Chapter 150.
MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS
Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE