PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice files this notice of intent to review and proposes amendments to §151.51 concerning Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years. The proposed amendments are necessary to add clarity and conform the rule to current practice.
Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. McGinty has also determined that, for the first five (5) year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to accurately reflect the eligibility guidelines for custodial officer certification and hazardous duty pay.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Government Code, Chapter 659, Subchapter L and §813.506.
Cross Reference to Statutes: Texas Government Code, §§492.013, 508.001, 615.006, 811.001, 815.505 and the General Appropriations Act.
§151.51.Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines.
(a) Purpose. The purpose of this rule is to establish
eligibility criteria for authorizing custodial officer certification
and hazardous duty pay to employees of the Texas Department of Criminal
Justice (TDCJ or Agency), under the authority of the Texas Government
Code, §508.001, §615.006, Chapter 659, Subchapter L, §§811.001,
813.506, and 815.505; and the General Appropriations Act. [
In accordance with these provisions and in keeping
with the responsibilities of the Texas Board of Criminal Justice (or
Board), this rule relating to custodial officer certification and
hazardous duty pay applies effective August 13, 2004.]
(b) Definitions. The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise:
(1) "Custodial Officer Certification" is service [
--Service] certification to the Employees
Retirement System of Texas (ERS) for those employees whom the Agency
has determined are eligible for custodial officer service credit,
which provides an additional retirement incentive when such employees
have 20 or more years of such service credit.
(2) "Custodial Officer Service Credit" is credit [
-- Credit] in the ERS for service performed
by an employee who is in a position that has been classified as a
Hazardous Duty Code 1, 2, 3, 4, 5, 6, 7 or 9 position in accordance
with the provisions of this rule [Board Rule].
(3) "Direct Offender Contact" is interacting [
--Contact] with, and in the close proximity to,
offenders without the protection of bars, doors, security screens[
,]
or similar devices while performing job duties. Such contact normally
involves supervision or the potential for supervision of offenders
in offender housing areas, educational or recreational facilities,
industrial shops, kitchens, laundries, medical areas, agricultural
shops or fields[,
] or in any other areas on or away from Agency property.
(4) "Offender," for [--For]
the purpose of custodial officer certification and hazardous duty
pay, is an individual [inmate] confined
in a TDCJ institution [Correctional Institutions
Division facilities].
(5) "Releasee" is an individual who has been [
--A person] released on parole or to mandatory supervision.
(6) "Routine Direct Offender Contact" is direct [
--Direct] offender contact that is regularly
planned or scheduled while conducting Agency business. Routine direct
offender contact does not include travel time, unless the employee
is responsible for the transportation and custody of offenders, and
it does not include casual contact.
(c) Procedures.
(1) Custodial Officer Certification. Employees in the following positions are eligible for custodial officer certification:
(A) Hazardous Duty Code 1 Positions. These positions
are classified as Correctional Officer I through Warden II.[;]
(B) Hazardous Duty Code 2 Positions. These positions
include [are] all positions assigned to a unit, other
than Hazardous Duty Code 1 positions, with [that have]
job duties that require [requiring] routine
direct offender contact. Examples of such positions include,
but are not limited to[, the following]: Agriculture
Specialists [Specialist
], Maintenance Supervisors, Food Service
Managers, Laundry Managers, and Commissary Managers. [
and Classification Case Managers;]
(C) Hazardous Duty Code 3 Positions. These positions
are assigned to administrative employees whose [offices
and have] job duties require [requiring]
routine direct offender contact at least 50 percent of the time. Examples
of such positions include, but are not limited to[, the following
]: Investigators, Compliance Monitors, Accountants routinely required
to audit unit operations, Sociologists, Interviewers[,]
and Classification Officers.
(i) A request to include a position [
Requests for positions to be included] in this category
shall [must] be submitted to [
approved by] the Deputy Executive Director for approval.
(ii) Employees in such positions and supervisors of such employees shall complete and submit a Hazardous Duty Log in
accordance with TDCJ procedures in order to justify custodial officer
certification.[;]
(D) Hazardous Duty Code 4 Positions. These positions
include [are
] administrative positions that routinely
respond to emergency situations involving offenders. Examples include
, but are not limited to: the Executive Director, Deputy
Directors [Director
], Correctional Institutions Division (CID)
Director, other Division Directors[, some Managers (salary
group B14 and above),] and not more than 25
administrative duty officers [
Administrative Duty Officers]. A
request to include a position shall [Requests for positions
to be included in this category must] be submitted to
[approved by] the Deputy Executive Director
for approval.[;]
[(E) Hazardous Duty Code 5 Positions.
These positions are filled by employees whose custodial officer certification
is "grandfathered" based on the following criteria in accordance with
SB 993, 69th Legislature:]
[(i) The employees were in positions authorized custodial officer certification and hazardous duty pay on August 31, 1985;]
[(ii) The employees have not changed positions since August 31, 1985; and]
[(iii) The positions do not meet other current hazardous duty pay criteria.]
(E) [(F)] Hazardous Duty Code 6
Positions [Position]. Employees in such positions
and supervisors of such employees shall complete and submit a Hazardous
Duty Log in accordance with TDCJ procedures in order to justify custodial
officer certification. These positions are filled by employees whose
custodial officer certification is "grandfathered" based on the following
criteria in accordance with Senate Bill (SB) [SB]
1231, 74th Legislature:
(i) On August 31, 1995, the employees were assigned to a Hazardous Duty Code 3 position; and
(ii) The employees continue to have some routine direct offender contact although it is less than 50 percent routine direct offender contact.
(F) [(G)] Hazardous Duty Code
7 Positions. These positions include: [are]
(i) Parole Officers; and[,
Parole Case Managers, and other employees of]
(ii) Other positions within the
Parole Division or assigned to the Board of Pardons and
Paroles which have a [whose
] majority of assigned duties that include [the
] assessment of risks and needs, investigation, case management[,
] and supervision
of releasees to ensure that releasees are complying with the conditions
of parole or mandatory supervision.[,] It
also includes those [ or] who directly supervise
or are in a direct line of supervision over these employees.
(G) [(H)] Hazardous Duty Code
9 Positions. Employees in such positions and the supervisors
of such employees shall complete and submit an Emergency Response
Log in accordance with TDCJ procedures in order to justify custodial
officer certification. These positions are filled by employees whose
custodial officer certification is "grandfathered" based on the following
criteria:
(i) On August 31, 1995, the employees were assigned to a position authorized for custodial officer certification and hazardous duty pay; and
(ii) The employees have been designated as members of an Emergency Response Team that may respond to emergency situations involving offenders.
(2) Hazardous Duty Pay Authorized Positions. In addition
to the employees described in [paragraph (1) of this
] subsection (c)(1) of this rule
, employees in the following positions may
receive hazardous duty pay:
(A) Employees [ employees] in
positions authorized for custodial officer certification;
(B) Employees [ employees] in
Hazardous Duty Code 8 positions. These positions are assigned
to [include employees and officials of] the Parole
Division or the Board of Pardons and Paroles and [who]
do not meet the criteria for Hazardous Duty Code 7. Employees
in these positions [but] have routine direct contact
with offenders of a [any
] penal or correctional institution or with
administratively released offenders subject
to the jurisdiction and/or the supervision of the Parole Division [
releasees]. Examples of such positions include, but are not
limited to, [the following:] Clerks, Administrative Assistants
and Laboratory Technicians assigned to Parole Field Offices.
(3) Each month, the Agency shall certify to the ERS
the names of the employees and any other information determined and
prescribed by the ERS as necessary for the crediting of custodial
officer service and financing of benefits under §813.506, [
of the] Texas Government Code.
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 August 14, 2008.
TRD-200804391
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: September 28, 2008
For further information, please call: (512) 463-0422
(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 Department of Criminal Justice or in the Texas Register office, Room 245, James Earl Rudder Building, 1019 Brazos Street, Austin.)
The Texas Board of Criminal Justice files this notice of intent to repeal §151.53, Multiple Employments with the State.
The purpose of the repeal is to relieve the Texas Board of Criminal Justice from approving multiple employments with the State as approval by the Board is not required by state law.
Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that the proposed repeal will have no foreseeable implications related to costs or revenues for state or local government.
Mr. McGinty has also determined that there will be no economic impact on persons as a result of the repeal. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of the repeal, will be to expedite the approval of multiple employments with the State.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P. O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this repeal.
The repeal is proposed under Texas Government Code, Chapter 667.
Cross Reference to Statutes: Texas Government Code, §492.013.
§151.53.Multiple Employments with the State.
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 August 14, 2008.
TRD-200804392
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: September 28, 2008
For further information, please call: (512) 463-0422
SUBCHAPTER B. SITE SELECTION AND FACILITY NAMES
The Texas Board of Criminal Justice files this notice of intent to review and proposes amendments to §155.21, Naming of TDCJ Owned Facilities. This review is being conducted pursuant to Texas Government Code §2001.039, which requires rule review every four years. The proposed revisions are necessary to add clarity.
Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. McGinty has also determined that for the first five (5) year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro-businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, will be to provide the public notice of and an opportunity to participate in the process for naming a TDCJ facility.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this rule.
The amendments are proposed under Texas Government Code, §492.013.
Cross Reference to Statutes: Texas Government Code, §492.013.
§155.21.Naming of a Texas Department of Criminal Justice [TDCJ] Owned Facility [Facilities].
(a) Purpose [and Definition]. The purpose
of this section is to establish procedures for the naming of
a facility [facilities ] owned by the
Texas Department of Criminal Justice (TDCJ or Agency) [
(TDCJ)]. These
naming procedures do not apply to a facility that is occupied by but
not owned by the TDCJ. [In this section, "facilities"
shall mean units, buildings and portions of units or buildings such
as individual rooms.]
(b) Definition. "Facility" is a unit, building, individual room or portion of a unit or building owned by the TDCJ.
(c) [(b)] Policy. It is the policy
of the Texas Board of Criminal Justice (TBCJ or Board) [
Board] to name a facility [
facilities owned by the TDCJ] based upon its
geographical location, its function[, and/] or
to recognize an individual [in recognition
of individuals] who has [have
] contributed to the process of criminal justice in the State of Texas.
Suggestions for the naming of a facility may be submitted by the public. However, the [The
] Board specifically reserves the right to accept, refuse or
choose a name other than those names [any proposals
] submitted by the public for consideration. [
Such naming procedures do not apply to facilities merely occupied
but not actually owned by the TDCJ.]
(d) [(c)] Procedures.
(1) Suggestions [Proposals]
for the naming of a facility [facilities
] owned by the TDCJ shall be submitted to the Board
office [Office
] at P.O. Box 13084, Austin, Texas 78711.[,]
To be considered, each submitted suggestion shall [and
must] include the following [
information in order to be considered]:
(A) [(1)] Location [location
] of the facility to be named;
(B) [(2)] Proposed [proposed
] name for the facility;
(C) [(3)] Biographical [
biographical] sketch of the person if the proposed name is
in recognition of [after] a specific individual;
(D) [(4)] Synopsis [synopsis
] of the reasons, achievements, incidents and other
justification that form [forming] the basis
for the recommendation; and
(E) [(5)] If [if]
the suggested [proposed] name is
in recognition of [after
] a specific individual, written approval
from the individual or, if the individual is deceased, the individual's
next-of-kin.
(2) Suggestions shall be reviewed by the Board Chairman and then maintained at the Board office for future consideration.
(3) Upon approval of the Board Chairman, the recommendation to name a facility shall be placed on a Board meeting agenda. The Board's discussion and consideration concerning the facility's name shall occur in an open meeting. A facility's name shall be approved by a majority vote of the Board.
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 August 14, 2008.
TRD-200804390
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: September 28, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice files this notice of intent to review and proposes amendments to §159.9 concerning Firearms Proficiency Training for Supervision Officers/Memorandum of Understanding. This review is conducted pursuant to Texas Government Code §2001.039, which requires rule review every four (4) years. The proposed amendments are necessary to conform to state law.
Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five (5) years the rule will be in effect, enforcing or administering the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. McGinty has also determined that, for the first five (5) year period, there will not be an economic impact on persons required to comply with the rule. There will not be an adverse economic impact on small or micro businesses. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the rule, is to enhance public safety by equipping supervision officers with the necessary tools to effectively perform supervision responsibilities in the community.
Comments should be directed to Melinda Hoyle Bozarth, General Counsel, Texas Department of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, Melinda.Bozarth@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amendments are proposed under Texas Occupations Code, §1701.257.
Cross Reference to Statutes: Texas Government Code, §492.013.
§159.9.Firearms Proficiency Training for Supervision Officers/Memorandum of Understanding.
(a) The Texas Department of Criminal Justice
(TDCJ) adopts[by reference
] a memorandum of understanding (MOU) with
the Texas Commission on Law Enforcement Officer Standards and Education
(TCLEOSE). The MOU [
, §211.33 of this title (relating
to Memorandum of Understanding Regarding Firearms Proficiency Training
For Supervision Officers), which
] establishes the responsibilities between the two (2)
agencies in developing a basic training
program in the use of firearms by community supervision officers and
parole officers. Section 163.34 of this title (relating to
the Carrying of Weapons) governs the use of firearms for
community supervision officers [
Community Supervision Officers].
(b) The MOU is required by Texas Occupations Code, §1701.257
[House Bill 2909 (Chapter 1261, Session Laws, 75th Legislature)].
(c) A copy [Copies] of the MOU is [
are] filed with [in] the
TDCJ Parole Division, 8610 Shoal Creek [
Office of the Texas
Commission on Law Enforcement Officer Standards and Education, 6330
U. S. Highway 290 East, Suite 200], Austin, Texas
78758 [78723].
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 August 14, 2008.
TRD-200804389
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: September 28, 2008
For further information, please call: (512) 936-0422