TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 5. TEXAS BOARD OF PARDONS AND PAROLES

Chapter 146. REVOCATION OF PAROLE OR MANDATORY SUPERVISION

37 TAC §146.11

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §146.11, concerning releasee's motion to reopen hearing or reinstate supervision. The amendment is adopted without changes to the proposed text as published in the September 16, 2005, issue of the Texas Register (30 TexReg 5942). The text of the rule will not be republished.

The amended rule is adopted for the purpose of clarifying the procedures for submission of a releasee's motion to reopen hearing or reinstate supervision.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §§508.0441, 508.045, 508.281, and 508.283, Texas Government Code. Section 508.0441 vests the Board with the authority to determine the continuation, modification, and revocation of parole or mandatory supervision. Section 508.045 provides parole panels with the authority to grant, deny, or revoke parole, or revoke mandatory supervision. Section 508.281 and §508.283 relate to hearings to determine violations of the releasee's 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 December 27, 2005.

TRD-200506114

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: January 16, 2006

Proposal publication date: September 16, 2005

For further information, please call: (512) 406-5388