37 TAC §152.14
The Texas Board of Criminal Justice adopts new rule §152.14
November 2003 Addition to Capacity without change to the text as proposed
in the November 21, 2003 issue of the
Texas Register
(28 TexReg 10426). The purpose of the new section establishes the
maximum capacity of the Hamilton Unit at 1,166 beds, and is proposed to comply
with the requirement that the Board establish the maximum capacity of units
under Texas Government Code §499.102-499.110, known as the "H.B. 124"
process. The Hamilton Unit was previously operated by the Texas Youth Commission
and has been transferred to the Texas Department of Criminal Justice (TDCJ)
and retrofitted to accommodate adult offenders.
Under §499.102(b), the Legislative Budget Board has responded to the
request for estimates of fiscal impact, with an estimate of $755,513 in Fiscal
Year 2003 for construction and start-up capital costs; and operational costs
of $11,674,970 per fiscal year for Fiscal Years 2003 - 2008.
Under §499.106 and §499.107, respectively, the Governor and the
Attorney General are required to consider increases to capacity. As of the
publication of this preamble, those approvals have been received by the executive
director of TDCJ.
No comments were received.
The new rule is adopted under Chapter 499, Subchapter E, Unit
and System Capacity, and under Government Code §492.013, which grants
general rulemaking authority to the Board of Criminal Justice.
Cross Reference to Statutes: Chapter 499, Subchapter E and Texas Government
Code, §492.013.
This agency hereby certifies that the adoption has been reviewed
by legal counsel and found to be a valid exercise of the agency's legal authority.
Filed with the Office of
the Secretary of State on May 21, 2004.
TRD-200403476
Carl Reynolds
General Counsel
Texas Department of Criminal Justice
Effective date: June 10, 2004
Proposal publication date: November 21, 2003
For further information, please call: (512) 463-0422