PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice proposes amendments to §151.21, concerning Weapons Policy. The proposed amendments are necessary to add clarity.
Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five 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 year period, the anticipated public benefit, as a result of enforcing the rule, will be to increase public safety by strictly controlling the possession of firearms on the Texas Department of Criminal Justice property. 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.
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 in the Texas Register.
The amendments are proposed under Texas Penal Code, §§38.11, 46.03 and 46.035.
Cross Reference to Statutes: Texas Government Code, §492.013.
§151.21.Weapons Policy.
(a) Policy.
(1) The Texas Department of Criminal Justice (TDCJ
or Agency) requires that all persons carrying a firearm shall unload
and safely secure the firearm prior to entering a TDCJ correctional
facility. For purposes of visiting a TDCJ correctional facility, a
peace officer, a person licensed to carry a handgun under Subchapter
H, Chapter 411, Texas Government Code, or a person who
is otherwise authorized to carry a deadly weapon shall unload and
secure the weapon(s) in the locked trunk of a vehicle, or a locked
compartment of a vehicle if the vehicle does not have a trunk, immediately
upon parking or while stopped at the first security checkpoint, whichever
occurs first. A peace officer may also store a [his]
weapon in any other TDCJ authorized location prior to entering the
perimeter fence.
(2) It is a felony under the Texas Penal Code:
(A) To [to] possess a deadly
weapon while in a correctional facility, unless the person possessing
the deadly weapon is a peace officer or is an officer or employee
of the correctional facility authorized to possess the deadly weapon
while on duty or traveling to or from the person's place of assignment;
(B) To [to] provide a deadly
weapon to an offender in [inmate of
] a correctional facility;
(C) To [to] possess or go with
a firearm, illegal knife, club[,
] or other prohibited weapon, within 1,000 feet of a premise [
premises the location of which is] designated by
the TDCJ as a place of execution under article [
Article] 43.19, Texas
Code of Criminal Procedure, on a day that a sentence of death
is set to be imposed on the designated premises and the person received
notice that:
(i) Going [going] within 1,000
feet of the premises with a weapon listed under this subsection was
prohibited; [or]
(ii) Possessing [possessing]
a weapon listed under this subsection within 1,000 feet of the premises
was prohibited; or
(D) For [for] a person licensed
to carry a handgun under Subchapter H, Chapter
411 [441], Texas
Government Code to carry a handgun on the premises of
a correctional facility, regardless of whether the handgun is concealed.
(3) Except as provided in subsection (c) of this
rule, [section
] an employee of TDCJ is prohibited from
carrying a firearm in a state-owned vehicle, [
or] on their [his] person[,
] or in their [his
] personal vehicle while on duty. An employee who is licensed
to carry a handgun under Subchapter H, Chapter 411, Texas Government
Code is subject to the statutes described in subsection (a)(2) of
this rule [section] and:
(A) Is [is] prohibited from carrying
a [the] handgun in a state-owned vehicle, [
or] on their [his] person or in
their [his] personal vehicle while on duty;
(B) Shall [shall] comply with
paragraph (1) of this subsection when approaching a correctional facility; and
(C) Shall [shall] ensure [that]
the handgun [gun] is secured in the locked trunk
of a personal vehicle, or a locked compartment if the vehicle does
not have a trunk, before exiting the vehicle to enter any TDCJ office space.
(b) Definitions. The following words and terms, when
used in this rule, [section,] shall have the
following meanings, unless the context clearly indicates otherwise.
(1) Correctional Facility--A confinement facility operated
by or under contract with the TDCJ, and a Community
Corrections Facility (CCF) [community corrections facility]
operated by a Community Supervision and Corrections Department (CSCD)
[community supervision and corrections department].
The premises of a correctional facility is [means]
a building or portion of a building.
(2) Deadly Weapon [weapon]--A
firearm or anything manifestly designed, made[,] or adapted
for the purpose of inflicting death or serious bodily injury, or anything
that in the manner of its use or intended use is capable of causing
death or serious bodily injury.
(3) Exempt Employee [employee]--An
employee in the position of warden, assistant warden[,]
or an administrative position eligible for custodial officer certification
and hazardous duty pay under §151.51(c)(1)(D) [
§151.51(d)(1)(D)
] of this title (relating to Custodial Officer Certification
and Hazardous Duty Pay Guidelines).
(4) Firearm--Any device designed, made[,]
or adapted to expel a projectile through a barrel by using the energy
generated by an explosion or burning substance or any device readily
convertible to that use.
(5) Handgun--Any firearm that is designed, made[,]
or adapted to be fired with one (1) hand.
(c) Exceptions.
(1) A parole officer who possesses a weapon in
accordance with Parole Division policy that authorizes certain parole
officers to carry firearms under Texas Occupations Code §1701.257
may carry a firearm in a state-owned vehicle. An exempt employee
may carry a firearm in a state-owned [State-owned]
vehicle for purposes of responding to emergency situations involving
offenders, [inmates or confinees,] or on
their [his
] person in the event of an actual emergency situation,
including those situations as defined in §152.61 of this title
(relating to TDCJ Emergency Response to Municipal, County, State or
Federal Law Enforcement Agencies and Non-Agent Private Prisons/Jails).
(2) State-owned housing, other than Bachelor Officers'
Quarters, is excepted from this rule, only to the extent that weapons
are secured in a locked container [under lock and key
] within the house.
(3) An employee may carry a weapon(s) on duty if the employee is a peace officer in the Office of Inspector General (OIG) or possesses the weapon(s) in accordance with:
(A) The TDCJ [the] Use of Force Plan;
(B) Parole Division policy authorizing certain parole officers to carry firearms under Texas Occupations Code §1701.257 and parole and community supervision officers participating in the firearms training program pursuant to Texas Occupations Code §1701.257; or
(C) Other [other] applicable Agency [
agency] policy.
(4) The written consent of the Executive Director [
executive director] or [his] designee to an employee
is effective to create an exemption [exception]
from this rule.
(d) Duties of the Executive Director.
(1) The Executive Director [executive director
] shall ensure that Agency [agency]
policies are consistent with this rule. Policies adopted to ensure
the safety and security of correctional facilities may be more restrictive
than this rule and may encompass weapons not covered by this rule.
(2) The Executive Director [executive director
] shall ensure that signs are posted in English and
Spanish to provide adequate notice of the substance of this
rule [section].
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 May 27, 2008.
TRD-200802766
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 13, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice proposes amendments to §151.73, concerning Texas Board of Criminal Justice Vehicle Assignments. The proposed revisions are necessary to conform to state law and to prohibit the transportation of employee pets.
Jerry McGinty, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for the first five 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 year period, the anticipated public benefit, as a result of enforcing the rule, will be to ensure that agency functions are performed. 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.
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 in the Texas Register.
The amendments are proposed under Texas Government Code, §§2113.013, 2101.0115 and 2171.1045.
Cross Reference to Statutes: Texas Government Code, §492.013 and §2203.001.
§151.73.Texas Department [ Board ] of Criminal Justice Vehicle Assignments.
(a) It is the policy of the Texas Board of Criminal
Justice (TBCJ) that each Texas Department of Criminal
Justice (TDCJ or Agency) [agency
] vehicle, with the exception of any [a
] vehicle assigned to a field employee,
the Office of the Inspector General (OIG) and as noted
in subsection (c) of this rule, be assigned to the Agency motor
pool and be available for check out.
(b) Agency vehicles shall only be used on official state business. Agency vehicles shall not be used to transport employee pets.
(c) [(b)] The Agency may assign
a vehicle to an individual administrative or executive employee on
a regular or everyday basis, [only] if the
Agency determines [
agency makes a written documented finding that]
the assignment of the vehicle is critical to the needs
and mission of the Agency. Such vehicle assignments may include,
but are not limited to, [agency, such as] vehicles
used for law enforcement purposes and vehicles assigned to positions
that [which] are required to respond to emergency
situations.
(d) The Executive Director may authorize an employee to use an Agency vehicle to commute to and from work when it is determined the use of the vehicle may be necessary to ensure that vital Agency functions are performed. The name and job title of each employee authorized for such use and the reasons for the authorization shall be included in the Agency annual report filed pursuant to Texas Government Code §2101.0115.
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 May 27, 2008.
TRD-200802767
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 13, 2008
For further information, please call: (512) 463-0422
SUBCHAPTER D. OTHER RULES
The Texas Board of Criminal Justice proposes amendments to §152.61, concerning TDCJ Emergency Response to Non-Agent Private Prisons/Jails. 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 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 year period, the anticipated public benefit, as a result of enforcing the rule, will be to increase public safety by authorizing TDCJ staff to render assistance in an emergency situation. 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.
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 in the Texas Register.
The amendments are proposed under Texas Government Code §494.008.
Cross Reference to Statutes: Texas Government Code, §492.013.
§152.61.[ TDCJ ] Emergency Response to Municipal, County, State or Federal Law Enforcement Agencies and Non-Agent Private Prisons/Jails.
(a) Definitions. The following words and terms, when
used in this rule [section], shall have the
following meanings unless the context clearly indicates otherwise.
(1) Assistance--Texas Department of Criminal Justice (TDCJ) [
TDCJ] resources provided to municipal,
county, state or federal law enforcement agencies and non-agent
private prisons or jails such as personnel, equipment, vehicles, horses,
tracking pack or scent specific canines [dogs,]
and chemical agents.
(2) Emergency Situation--An event determined by a law
enforcement agency that presents [to present]
an immediate or potential threat to public safety [or
to represent a potential threat to public safety] if TDCJ's
assistance
is not received. The situation will generally involve multiple offenders,
an escape[,] or a hostage situation.
(3) Law Enforcement Agency--The [For
purposes of this policy, a law enforcement agency is the] Texas
Department of Public Safety (DPS), including the Texas Rangers; a
municipal police department; [or
] a county sheriff's department; or a federal law enforcement agency.
(4) Non-Agent Private Prison/Jail--Any privately operated
or owned prison or jail in Texas that [which]
does not have a contract with the TDCJ to house TDCJ offenders.
(5) TDCJ Facility--Any [Institutional Division
(ID) prison, secure residential Parole Division (PD) facility, or
State Jail Division (SJ)] facility operated by or under
contract with the TDCJ. [Contractor-operated facilities
are not included in this definition.]
(b) Policy. It is the policy of the TDCJ to assist
law enforcement agencies requesting assistance in an emergency situation
that presents an immediate or potential threat to public safety (e.g.,
apprehending an escapee of a municipal or county jail or a privately
operated or federal correctional facility), if the TDCJ determines
that providing assistance will not jeopardize the safety and security
of the TDCJ and its personnel. [render assistance to non-agent
private prisons/jails only when a law enforcement agency has made
a prior determination that an emergency situation exists and has concurred
in the request to the TDCJ.]
(c) Procedures.
(1) [Approval of] Request for Assistance.
(A) If a non-agent private prison/jail believes that
an emergency situation has arisen, it must immediately notify the
nearest law enforcement agency in order to qualify for the TDCJ's
assistance. In the case of a non-agent private prison/jail
that operates [operating
] a facility holding county inmates, the facility [it
] must first notify the
county sheriff in order to qualify for [the] TDCJ's assistance.
(B) The law enforcement agency shall [will
] then determine whether the situation is indeed an emergency
situation as defined in subsection (a)(2) of this rule.
If so, the law enforcement agency shall identify the [it
will ask what] scope of assistance [is] being requested
by consulting [and will consult] with the non-agent
private prison/jail to determine [concerning]:
(i) Number [number] and type of personnel needed;
(ii) Number [number] and type of vehicles needed;
(iii) Amount [amount] and type
of riot equipment needed;
(iv) Number [number] and type
of weapons needed (to include chemical agents [weapons]);
(v) Number [number] of tracking
pack or scent specific canines needed [dog teams]; and
(vi) Number [number] of horses needed.
(C) After [With the concurrence of]
a Texas Ranger, [a] DPS sergeant or above, county sheriff[
,] or municipal police chief
reviews the information gathered
in subsection (c)(1)(B) of this rule and concurs with the scope of
assistance required from the TDCJ, law enforcement agency staff
may call the nearest TDCJ facility's Warden/Facility Administrator
or Duty Warden/Facility Administrator to request assistance. [TDCJ
facilities may assist under these circumstances only when requested
to do so by a law enforcement agency.] The law enforcement agency
shall [must] describe the assistance being requested
and [must] agree to have a representative available to
take an active role at the site of the emergency situation when the
TDCJ team arrives.
(2) [(D)] Approval.
(A) [(i)] The TDCJ Warden/Facility
Administrator or Duty Warden/Facility Administrator
shall [will] contact the appropriate
Correctional Institutions Division (CID) Regional Director [
(ID), Assistant Director
(SJ), or Director of Specialized Supervision (PD)
] for approval to render assistance.
The Regional Director may agree to provide
assistance if such shall not jeopardize the safety and security of
the TDCJ and its personnel.
(B) [(ii)] Once the TDCJ's assistance
is approved, the Warden/Facility Administrator or Duty Warden/Facility
Administrator shall [will], in conjunction with
the appropriate CID Regional Director [(ID), Assistant
Director (SJ), or Director of Specialized Supervision (PD)],
determine what requested resources shall [will]
be sent, based on the [their] assessment of
the information received as well as concurrent Agency needs.
The Warden/Facility Administrator or Duty Warden/Facility Administrator
shall designate the senior members of the TDCJ emergency assistance team.
(3) [(2)] Emergency Assistance [
Situation Procedures].
(A) The responding TDCJ facility shall [will
] report the request for assistance and the facility's [
their] response to the Emergency Action
Center (EAC) in accordance with AD-02.15, "Operations of the
Emergency Action Center and Reporting Procedures for Serious or Unusual
Incidents." The Warden/Facility Administrator or Duty Warden/Facility
Administrator shall be responsible for [procedures for
a Level I incident and will take] all follow-up actions as required
by the directive.
(B) Arrival at the Emergency Situation Site.
(i) Upon arrival at the scene of the emergency situation
site, the senior member of the TDCJ team
shall [will] be briefed by the
representative of the law enforcement agency and/or
non-agent private prison/jail required by
subsection (c)(1)(C) of this rule. [staff.]
[(ii) The law enforcement agency representative
will be present at the briefing.]
(ii) [(iii)] The senior member
of the TDCJ team shall [will
] have sole discretion as to which TDCJ resources shall [
will] be deployed.
(C) The senior member of the TDCJ team shall [will
] be in charge of the TDCJ resources, to include personnel, at all times.
(D) If the emergency situation requires the use of
tracking pack or scent specific canines, [dogs,]
the requirements of AD-03.26, "Use and Training of
Tracking Pack and Scent Specific Canines," shall [will]
be followed.
(d) [(3)] Reimbursement for Assistance.
The non-agent private prison/jail shall [will be required to
] reimburse the TDCJ for all assistance
rendered, to include the cost of employees, equipment and supplies,
as well as a minimum of $1,000 for administrative overhead expenses.
The Executive Director [executive director] of the
TDCJ may waive this requirement.
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 May 27, 2008.
TRD-200802768
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: July 13, 2008
For further information, please call: (512) 463-0422
CHAPTER 341. TEXAS JUVENILE PROBATION COMMISSION STANDARDS
SUBCHAPTER I. ELECTRONIC DATA INTERCHANGE SPECIFICATIONS
The Texas Juvenile Probation Commission (TJPC) proposes amendments to §341.60, concerning TJPC Monthly Folder Extract. The amendments are being proposed in an effort to reflect the increase in the number and types of programs operated by juvenile departments as well as a need to more precisely distinguish the characteristics of a juvenile, their disposition and the services they receive. The proposed changes do not require the addition of any new data fields to the EDI. Changes consist primarily of the expansion of available options in existing data fields. A total of eight data fields will be affected by the proposed changes.
Lisa Capers, Deputy Executive Director and General Counsel, has determined that for the first five year period the amendments are in effect, there will be no fiscal implications for state or local government as a result of enforcement or implementation.
Ms. Capers has also determined that for each year of the first five years the amendments are in effect, the public benefit expected as a result of enforcement or implementation will be to allow the public with more complete and detailed data which can be analyzed to better review juvenile justice trends, the provision of services and the needs of juveniles served by the system. There will be no economic effect on individuals or small businesses as a result of enforcement or implementation.
Public comments on the proposed amendments may be submitted to Kristy M. Almager at the Texas Juvenile Probation Commission, P.O. Box 13547, Austin, Texas 78711-3547.
The amendments are proposed under Texas Human Resources Code §141.042, which provides the TJPC with the authority to adopt reasonable rules that provide minimum standards for juvenile boards and that are necessary to provide adequate and effective probation services.
No other rule or standard is affected by these amendments.
§341.60.TJPC Monthly Folder Extract.
The TJPC Monthly Folder Extract data shall include all data fields required by TJPC Electronic Data Interchange Specifications found in the figure below.
Figure 1: 37 TAC §341.60 (No change.)
Figure 2: 37 TAC §341.60 (.pdf)
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 May 27, 2008.
TRD-200802778
Lisa A. Capers
Deputy Executive Director and General Counsel
Texas Juvenile Probation Commission
Earliest possible date of adoption: July 13, 2008
For further information, please call: (512) 424-6710