Proposed Sections 
 Before an agency may permanently adopt a new or amended section, or repeal an 
existing section, a proposal detailing the action must be published in the Texas 
Register at least 30 days before any action may be taken. The 30-day time period 
gives interested persons an opportunity to review and make oral or written 
comments on the section. Also, in the case of substantive sections, a public 
hearing must be granted if requested by at least 25 persons, a governmental 
subdivision or agency, or an association having at least 25 members. 
 Symbology in proposed amendments. New language added to an existing section is 
indicated by the use of bold text. [Brackets] indicate deletion of existing 
material within a section. 
 
   
  TITLE 1. ADMINISTRATION 
 Part V. General Services Commission 
  Chapter 113. Central Purchasing Division 
  
  Purchasing 
 
  1 TAC sec.113.11 
 
  The General Services Commission proposes an amendment to  s113.11, concerning 
delegated purchases. The amendment clarifies the scope of spot purchases and 
emergency purchases that are delegated to state agencies; increases the limit 
for spot purchases from $10,000 to $15,000; and updates the references to 
disadvantaged businesses by substituting the term "historically underutilized 
businesses." 
 Pat Martin, director, Purchasing Division, has determined that for the first 
five-year period the section is in effect there will be no fiscal implications 
for state or local government as a result of enforcing or administering the 
section. 
 Ms. Martin also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be clearer rules and greater flexibility for state agencies in 
making spot purchases under delegated authority. There will be no effect on 
small businesses. There is no anticipated economic cost to persons who are 
required to comply with the section as proposed. 
 Comments on the proposal may be submitted to Judith M. Porras, General Counsel, 
General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments 
must be received no later than 30 days from the date of publication of the 
proposal in the Texas Register. 
 The amendment is proposed under Texas Civil Statutes, Article 601b, sec.3.01, 
which provide the General Services Commission with the authority to promulgate 
rules necessary to accomplish the purpose of Article 3. 
 
 
  sec.113.11. Delegated Purchases. 
 
  (a) General delegation. The following purchasing functions are delegated to 
agencies: 
 
  (1) spot purchases <nl>(purchases of goods or services that do not exceed 
$15,000) <ol>; 
   
  (2) emergency purchases <nl>(purchases of goods or services so badly needed 
that an agency will suffer financial or operational damage unless they are 
secured immediately)<ol>; 
   
  (3)-(7) (No change.) 
     
  (b)-(d)  (No change.) 
   
  (e) Provisions applicable to particular delegated purchases. 
 
  (1) Spot purchases. Spot purchases may be made in accordance with the 
following provisions. 
 
  (A) Agencies must attempt to obtain at least three informal bids, including a 
minimum of two bids from <nl>historically underutilized<ol> [disadvantaged] 
businesses (including at least one bid each from a minority-owned business and a 
woman-owned business), on all spot purchases in excess of $1,000 and not over 
$5,000. Agencies must attempt to obtain at least three formal bids, including a 
minimum of two bids from <nl>historically underutilized<ol> [disadvantaged] 
businesses (including at least one bid each from a minority-owned business and a 
woman-owned business), on all spot purchases in excess of $5,000 and not over 
<nl>$15, 000 <ol> [$10,000]. Agencies may refer to the commission's 
<nl>Certified Historically Underutilized <ol> [Disadvantaged] Business 
[Enterprise] Directory, which is maintained and accessible electronically, to 
locate <nl>historically underutilized<ol> [disadvantaged] businesses. If an 
agency is unable to locate a minority-owned business and/or a woman-owned 
business from the commission's <nl>Certified Historically Underutilized<ol> 
[Disadvantaged] Business [Enterprise] Directory or other available sources, the 
agency must make a written notation on the spot purchase form of all reference 
sources used. 
   
  (B) (No change.) 
     
  (2)-(7) (No change.) 
     
  (f)-(h) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329537 
  Judith M. Porras 
 General Counsel 
 General Services Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-3583 
         
               Chapter 117. Centralized Services Division 
  
  Mail and Messenger Services Mail and  Messenger <nl>Services <ol> [Service] 
 
  1 TAC sec.117.31 
 
  The General Services Commission proposes an amendment to  s117.31, concerning 
mail and messenger services. The amendment streamline and consolidate existing 
rules, outline the scope of mail and messenger services for state agencies, and 
add provisions required by the Acts, 73rd Legislature, Chapter 906, regarding 
acquisition of mail processing equipment and services and mail practices 
guidelines. 
 Michael N. Powers, director, Inter-Agency Services Division, has determined 
that for the first five-year period the section is in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the section. 
 Mr. Powers also has determined that for each year of the first five years the 
section is in effect state agencies and other governmental entities will benefit 
from streamlined regulations and from coordinated reviews of mail processing 
equipment, purchases which will result in lower equipment and service costs to 
the state. There will be no effect on small businesses. There is no anticipated 
economic cost to persons who are required to comply with the section as 
proposed. 
 Comments may be submitted to Judith Porras, General Counsel, General Services 
Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments must be received 
no later than 30 days from the date of publication of the proposal in the Texas 
Register. 
 The amendment is proposed under Texas Civil Statutes, Article 601b, which 
provides the General Services Commission with the authority to promulgate rules 
to accomplish the purpose of the Article. 
 
 
  sec.117.31. <nl>Mail and Messenger Services [General]. 
 
  (a)  The <nl>commission<ol> [State Purchasing and General Services Commission] 
shall provide and operate a <nl>mail and messenger service to deliver <ol> 
[messenger service for handling the delivery of] unstamped or non-metered 
written communications and packages between state agencies located in Travis 
County. 
   
  (b) No package that exceeds 70 pounds will be delivered by the <nl>mail and 
messenger service<ol> [messenger service]. 
   
  <nl>(c)  State warrants may be delivered by the mail and messenger service 
upon agreement between the State Comptroller, the Commission, and the agency 
concerned. 
   
  <nl>(d) Stamped mail may be delivered to and from the United States Post 
Office upon the agreement of the state agency and the commission. 
   
  <nl>(e) The mail and messenger service may meter and presort first-class mail 
for state agencies upon agreement of the state agency and the commission. Each 
State agency must agree to furnish funds to cover amounts of postage to be 
metered. 
 
  <nl>(1) No mail shall be metered for a state agency in excess of funds 
provided by the agency. 
   
  <nl>(2) The mail and messenger service will provide each agency utilizing the 
metered mail service with a monthly report showing the amounts of postage used 
and volume of mail metered. 
     
  <nl>(f) A state agency located in Travis County shall consult with the 
commission before purchasing, upgrading, or selling mail processing equipment; 
contracting with a private entity for mail processing services; or taking any 
action that will significantly affect the agency's first-class mail practices. 
 
  <nl>(1)  For mail equipment or private entity service contracts under $10,000, 
an agency shall submit a written justification to the commission stating why the 
equipment or service is needed and what benefits are expected to be received. 
   
  <nl>(2) For mail equipment or private service contracts over $10,000, an 
agency shall submit a detailed life-cycle cost benefit analysis to the 
commission that includes all expected costs and benefits over the life of the 
equipment or service. The analysis shall be in a format prescribed by the 
commission. 
   
  <nl>(3) For any action that will significantly affect its first-class mail 
practices, a state agency shall provide a written statement of the need for the 
action and anticipated benefits. Significant actions affecting the first-class 
mail practices of an agency include but are not limited to the following: 
 
  <nl>(A) creation or elimination of internal mail processing functions, 
organization, or staff; and 
   
  <nl>(B)  addition or elimination of any specific mail processing activities 
such as metering, presorting, folding/inserting, or labeling. 
     
  <nl>(4) The commission shall make a written response indicating whether or not 
the commission agrees with the intended action and any suggested alternatives. 
     
  <nl>(g) The commission is required to adopt guidelines by which outgoing 
first-class mail practices may be measured and analyzed, using, to the extent 
possible, the services of the United States Postal Service. The guidelines are 
distributed to state agencies subject to Texas Civil Statutes, Article 601b, 
sec.11.021, and must be reviewed and updated not less often than once every two 
years. Not later than the 90th day after the date of the distribution of the 
initial guidelines and not less often than annually after the date of that 
distribution, the commission shall provide training to state agency personnel 
who handle first-class mail. The commission shall utilize free training provided 
by the United States Postal Service to the maximum extent feasible. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329534 
  Judith Porras 
 General Counsel 
 General Services Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-3583 
         
             
  Messenger Service 
 
  1 TAC sec.sec.117.32-117.34 
 
  (Editor's note: The text of the following sections proposed for repeal will 
not be published. The sections may be examined in the offices of the General 
Services Commission or in the Texas Register office, Room 245, James Earl Rudder 
Building, 1019 Brazos Street, Austin.) 
   
  The General Services Commission proposes the repeal of  ssec.117.32-117.34, 
concerning mail and messenger services. The repeal will consolidate existing 
rules. The significant content of these repealed sections is proposed to be 
consolidated into amended sec.117.31. 
 Michael N. Powers, director, Inter-Agency Services Division, has determined 
that for the first five-year period the repeals are in effect there will be no 
fiscal implications for state or local government as a result of enforcing or 
administering the repeals. 
 Mr. Powers also has determined that for each year of the first five years the 
repeals are in effect the public benefit anticipated as a result of enforcing 
the repeals will be that state agencies will benefit from simplified 
regulations. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the repeals 
as proposed. 
 Comments on the proposal may be submitted to Judith Porras, General Counsel, 
General Services Commission, P.O. Box 13047, Capitol Station, Austin, Texas 
78711-3047. Comments must be received no later than 30 days from the date of 
publication of the proposal in the Texas Register. 
 The repeals are proposed under Texas Civil Statutes, Article 601b, which 
provide the General Services Commission with the authority to promulgate rules 
to accomplish the purpose of that Article. 
 
 
  sec.117.32. State Warrants. 
 
   
  sec.117.33. Stamped Mail. 
 
   
  sec.117.34. Meter Mail. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329535 
  Judith Porras 
 General Counsel 
 General Services Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-3583 
         
             Chapter 125. Travel and Transportation Division 
  
  Travel Management Services 
 
  1 TAC sec.125.19 
 
  The General Services Commission proposes an amendment to  s125.19, concerning 
participation by state agencies. The amendment conforms to Senate Bill 381, Part 
3, sec.sec.3.01-3.04, enacted by the 73rd Legislature, and specify exemptions 
for institutions of higher education and limit the maximum amount for the 
purchase or reimbursement of airline and rental car expenses. 
 Michael N. Powers, director, Inter-Agency Services Division, has determined 
that for the first five-year period the section is in effect overall travel 
costs to the state could increase. However, the potential increased cost cannot 
be estimated at this time. The amendment limiting certain travel reimbursements 
will result in an estimated reduction in travel costs of $500, 000 per year. 
There will be no fiscal implication for local government. 
 Mr. Powers also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be resultant administration of the travel program consistent with 
the state's legislative policy. There will be no effect on small businesses. 
There is no anticipated economic cost to persons who are required to comply with 
the section as proposed. 
 Comments on the proposal may be submitted to Judith M. Porras, General Counsel, 
General Services Commission, P.O. Box 13047, Austin, Texas 78711-3047. Comments 
must be received no later than 30 days from the date of publication of the 
proposal in the Texas Register. 
 The amendment is proposed under Texas Civil Statutes, Article 601b, sec.14. 01, 
which provide the General Services Commission with authority to promulgate rules 
necessary to implement the provisions of Texas Civil Statutes, Article 601b, 
Article 14. 
 
 
  sec.125.19. Participation by State Agencies. 
 
  (a) Except as otherwise provided in this section, state agencies in the 
executive branch of state government shall participate in the program and use 
the travel agency, charge card, rental car, airline, hotel, and other travel 
service contracts that are effective for at least a 12-month term. Institutions 
of higher education are not required to use the travel agency contracts, but are 
required to use all other contracts <nl>when such purchases are made using 
general revenue funds or educational and general funds as defined by the 
Education Code, sec.51.009. 
   
  (b)-(e) (No change.) 
   
  (f) The contracts for travel services must be used as required by 
sec.sec.125.1-125.21 of this title (relating to Travel Management Services), 
unless the following conditions exist. State agencies shall establish procedures 
to comply with this subsection and submit them to the commission for approval 
within 90 days after the effective date of this section. Travel agent contracts 
are not affected by the conditions listed in paragraphs (4)-(10) of this 
subsection. 
 
  (1) the traveler is already in travel status which renders the use of a 
contract travel agent impractical or unnecessary; 
   
  (2) travel is undertaken as part of a group program for which reservations 
must be made through a specified source to obtain a specified rate or service; 
   
  (3)  a contract travel vendor cannot provide services in the time period 
required to accomplish the purpose of the travel; 
   
  (4) a contract <nl>travel vendor's services are<ol> [hotel is] not available 
in a location that will reasonably allow the business requirements of a traveler 
to be fulfilled; 
   
  (5) a contract <nl>vendor<ol> [hotel or rental car company] is unable to 
provide the required services because it is sold-out or does not offer services 
in the city being visited; 
   
  (6) alternative rental car or hotel arrangements can be made at a lower total 
cost than the contract hotels or rental car companies. For rental cars, total 
costs include the base rate, loss/damage waiver protection, mileage charge, 
[applicable taxes,] surcharges, and cost for comparable liability insurance 
protection. For hotels, the cost of the guest room net of taxes shall be used to 
compare total costs; 
   
  (7) a contract airline offers a fare lower by any amount than the contract 
fare; 
   
  (8) a non-contract airline offers a [lower] published fare to the general 
public which results in a lower total trip cost, including travel time, to the 
agency. However, lower or identical airfares offered to state travelers only are 
not included within this exception; 
   
  (9) travel is undertaken by persons with disabilities, by persons transporting 
prisoners or other persons in the custody of the state, or in a medical 
emergency; 
   
  (10) use of contract travel vendors may present a security or safety risk to 
the traveler; or 
   
  <nl>(11) travel is by persons who under sec.125.1 of this title (relating to 
General) are not eligible to use the contract services or rates. 
     
  (g) (No change.) 
   
  <nl>(h) A state agency required to use the travel services contracts may not 
purchase or reimburse a person for the purchase of commercial airline or rental 
car transportation in an amount exceeding the contract rate established by the 
Commission unless a condition identified in subsection (f) (3)-(5), or (9)-(11) 
of this section exists. The existence of the condition must be indicated on the 
travel voucher as specified by the comptroller of public accounts. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329536 
  Judith M. Porras 
 General Counsel 
 General Services Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-3583 
         
                 Part XIII. Texas Incentive and Productivity Commission 
  Chapter 275. Productivity Bonus Program 
  
  1 TAC sec.275.3, sec.275.5 
 
  The Texas Incentive and Productivity Commission proposes amendments to 
sec.275.3 and sec.275.5, concerning the submission of a Productivity Plan and 
subsequent approval by the Commission. Section 275.3 adds a deadline to 
submissions of Productivity Plans. The change informs agencies that Plans should 
be submitted as early as possible in the fiscal year, but no later than June 1. 
This deadline also gives the commission time to evaluate the Plan before year's 
end. Section 275.5 was amended to clarify that an agency is not required to wait 
until a Plan is approved to begin implementation. 
 M. Elaine Powell, executive director, has determined that for the first five-
year period the sections are in effect there will be no fiscal implications for 
state or local government as a result of enforcing or administering the 
sections. 
 Ms. Powell also has determined that for each year of the first five years the 
sections as proposed are in effect, the public benefit anticipated as a result 
of administering the sections will be to facilitate participation in the cost 
saving program. 
 Comments on the proposal may be submitted to M. Elaine Powell, Executive 
Director, Texas Incentive and Productivity Commission, P.O. Box 12482, Austin, 
Texas 78711. 
 The amendments are proposed under Texas Civil Statutes, Article 6252-29a, 
sec.1, which provide the Texas Incentive and Productivity Commission with the 
authority to promulgate rules for the Productivity Bonus Program. 
 
 
  sec.275.3. Submission of Productivity Plans. 
 
  (a)-(b) (No change.) 
   
  <nl>(c) Timing. It is the intent of the program that an agency submit a 
productivity plan prior to implementing the plan. The productivity plan should 
be submitted to the commission as early as possible in the fiscal year, but not 
later than June 1 of a fiscal year. 
 
     
  sec.275.5. Approval by Commission. 
 
  (a) Approval required. The commission must approve an agency's productivity 
plan before the agency may [implement the plan and] apply for a productivity 
bonus award. 
   
  (b)-(d)  (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 29, 1993. 
 TRD-9329541 
  M. Elaine Powell 
 Executive Director 
 Texas Incentive and Productivity Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 475-2393 
         
                 
  TITLE 13. CULTURAL RESOURCES 
 Part VII. State Preservation Board 
  Chapter 111. Rules and Regulations of the Board 
  
  13 TAC sec.sec.111.3-111.5, 111.13, 111.16-111.23, 111.25 
 
  The State Preservation Board proposes amendments to sec. s111.3-111.5, 111. 
13, 111.16-111.23, and 111.25, concerning Rules and Regulations of the Board. 
Revisions include wording changes and deletions in the interest of consistency 
and bringing rules up to date concerning use of the Capitol, Capitol grounds, 
and Capitol extension. Section 111.17 has also been brought into conformance 
with statute. 
 Dealey Herndon, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Ms. Herndon also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that the agency will have met requirements of the Texas 
Government Code, sec.443.007, clearly defining the area under the responsibility 
of the Board. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the 
sections as proposed. 
 Comments on the proposal may be submitted to Lori Kneisly, State Preservation 
Board, P.O. Box 13286, Austin, Texas 78711. 
 The amendments are proposed under the Texas Government Code, Chapter 443, which 
provides the State Preservation Board with the authority to adopt rules 
concerning the buildings, their contents, and their grounds. 
 
 
  sec.111.3. <nl>Co-Vice Chairpersons [Vice Chairman]. <ol> The lieutenant 
governor and the speaker of the house shall serve as co-vice 
<nl>chairpersons<ol> [chairman]. They shall perform the duties of the chairman 
in case of absence or disability of the chairman. 
 
   
  sec.111.4. Committees. 
 
  (a) Executive committee. The executive committee shall consist of the chairman 
and the <nl>co-vice chairpersons <ol> [vice-chairmen]. 
   
  (b) Other committees. The chairman may appoint other committees from the board 
from time to time. 
 
     
  sec.111.5. Board Meetings. 
 
  (a) Regular Meetings. The board shall meet not fewer than <nl>four<ol> [two] 
times a year. These meetings shall be held at such designated places, times and 
dates as may be determined by the chairman. 
   
  (b) Quorum. Four members of the board shall constitute a quorum. 
   
  (c) Special meetings. Special board meetings may be called by the chairman of 
the board at such times, dates and places as become necessary for the 
transaction of State Preservation Board business. The notice of special meetings 
shall state the date, time, and place of the meeting and be forwarded to the 
members not less than seven days in advance of the time of meeting with the 
secretary of state. However, emergency meetings of the board may be called and 
notice posted in accordance with  <nl>the Government Code, Chapter 551,<ol> 
[Texas Civil Statutes, Article 6252-17,  s3A(h)]. All meetings shall be posted 
and shall be open to the public under the provisions of <nl>the Government Code, 
Chapter 2001 <ol> [the Administrative Procedures and Texas Register Act, Texas 
Civil Statutes, Article 6252-13a]. 
 
     
  sec.111.13. Exhibitions and Events in the Capitol Building. 
 
  (a) Definitions. The following words and terms, when used in this chapter, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (1) Exhibition-Any display of artwork, including paintings, sculptures, arts 
and crafts; photographs; public service and general interest presentations; and 
historical displays. 
   
  (2)  Event-Any performance, ceremony, or presentation held in the public areas 
of the Capitol. 
   
  (3) Public areas of the Capitol-The hallways, entrances, <nl>rotundas<ol> 
[rotunda], and other areas adjacent to and near the rotunda. 
   
  (4) Public purpose-The promotion of the public health, <nl>education,<ol> 
safety, morals, general welfare, security,  <nl>and<ol> prosperity[, and 
contentment] of all of the inhabitants or residents within the state, the 
sovereign powers of which are exercised to promote such public purpose or public 
business. The chief test of what constitutes a public purpose is that the public 
generally must have a direct interest in the purpose and the community at large 
is to be benefited. This does not include activities which promote a specific 
viewpoint or issue and could be considered lobbying. Political rallies, 
receptions, and campaign activities are prohibited in the public areas of the 
Capitol. 
   
  <nl>(5) State official sponsor -A member of the Texas House of 
Representatives, a Texas Senator, the lieutenant governor, or the governor. 
     
  <nl>(b) Deposit for use of Capitol or Capitol grounds. 
 
  <nl>(1) A deposit is required from persons or entities that use the Capitol, 
Capitol extension, or grounds of the Capitol for an event, exhibit, or other 
scheduled activity. The deposit is in an amount set by the office of the State 
Preservation Board designed to recover the estimated direct costs to the state 
of the event, exhibit, or activity. The office of the State Preservation Board 
may deduct from the deposit: 
 
  <nl>(A) the cost of damage to the Capitol, Capitol extension, or grounds of 
the Capitol that directly results from the event, exhibit, or other activity; 
   
  <nl>(B)  the costs of extra labor, materials, and utilities directly 
attributable to the event, exhibit, or other activity; and 
   
  <nl>(C) the costs of extra security requested by the person or entity for the 
event, exhibit, other activity. 
     
  (1) All Capitol exhibits will be approved and scheduled by the <nl>office<ol> 
[executive director] of the State Preservation Board <nl>upon the referral from 
a state official sponsor as described in subsection (a)(5) of this section<ol> 
[, based upon recommendations of the exhibit subcommittee of the Permanent 
Advisory Committee]. 
   
  (2) Exhibits considered for display must be for a public purpose as defined in 
subsection (a)(4) of this section. 
   
  (3) Exhibits must be tastefully exhibited. Once erected, the <nl>office<ol> 
[executive director] of the State Preservation Board reserves the right to 
require the exhibitor to make aesthetic changes to the exhibit. 
   
  (4) Exhibit space will be assigned based primarily on the size, scope, and 
<nl>design<ol> [topic] of the exhibit. In order to maintain the historic 
presence of the Capitol rotunda and dome, exhibits will be ordinarily approved 
for display in areas of the Capitol other than the rotunda. 
   
  (5)  Exhibitors must bear all costs of assembling, displaying, and removing 
exhibits. 
   
  (6) All exhibits must be freestanding. Art and photographic exhibits must be 
secured to tripods, backdrops, or freestanding displays. Exhibits may not: 
 
  (A) hang from <nl>or attach to <ol> walls or railings; 
   
  (B) obstruct entrances; 
   
  (C) interrupt traffic flow through the building; 
   
  (D) damage walls, woodwork, or floors; 
   
  (E)  obstruct the view or access to fire-fighting equipment or fire alarm pull 
stations; or 
   
  (F) involve the use of any flammable, hazardous, or odorous chemicals or 
materials, torches, or other open-flame illuminating devices or fires. 
     
  (7) Exhibits will not be considered for display in the Capitol if they: 
 
  (A) feature one individual's artwork for the purpose of commercially 
advertising that person's artwork; 
   
  (B)  promote a commercial enterprise; 
   
  (C) have no obvious public purpose; or 
   
  (D) have an illegal purpose. 
     
  (8) If other than routine security provided by Capitol police is needed for 
the exhibit, the exhibitor will bear such costs. The State of Texas, the State 
Preservation Board, or [the executive director or] any employee of the State 
Preservation Board shall not be held liable in case of damage or loss to an 
exhibit while it is on display in the Capitol. 
     
  <nl>(d)<ol>[(c)] Scheduling exhibits. 
 
  (1) Exhibits may be displayed for up to <nl>five <ol> [14] working days. 
   
  (2) The <nl>office of the <ol> State Preservation Board may extend the display 
time for major exhibitions. 
   
  (3) No more than one exhibit will be approved for display on the same day in a 
designated area of the Capitol. 
   
  (4)  A written request <nl>using State Preservation Board forms<ol> to display 
an exhibit must be received by the office of the State Preservation Board no 
later than  <nl>four<ol> [six] weeks prior to the first day of the time being 
requested. Exhibitors will be notified of the status of their request within two 
weeks following receipt of the request. 
   
  (5) Request must be accompanied by: 
 
  (A) a detailed description of the exhibit, including dimensions of the space 
required, and how the exhibit will be displayed; 
   
  (B) a clear photograph of the entire exhibit, preferably as it will be 
displayed. A scale drawing may be submitted in lieu of a photograph if a 
photograph is not available; [and,] 
   
  (C) a brief statement of the purpose of the exhibit <nl>; and,<ol> [.] 
   
  <nl>(D) support of a state official sponsor. 
     
  (6) Incomplete requests will not be considered. 
     
  <nl>(e)<ol>[(d)] Approval of events. 
 
  (1) All Capitol events will be approved and scheduled through the 
<nl>office<ol> [executive director] of the State Preservation Board <nl>upon the 
recommendation of a state official sponsor as described in subsection (a)(5) of 
this section. 
   
  (2)  Performances will be <nl>restricted to designated areas<ol> [limited to 
the rotunda] of the Capitol[; presentations and ceremonies may be held in other 
areas of the Capitol] as deemed appropriate by the board. 
   
  (3)  An event should not exceed 45 minutes in length. 
   
  (4) Events will not be approved if they: 
 
  (A) have no obvious public purpose; 
   
  (B)  are determined by the <nl>office<ol> [executive director]of the State 
Preservation Board to be inappropriate to the historical setting of the Capitol; 
   
  (C) promote a commercial enterprise; 
   
  (D) obstruct entrances or interrupt traffic flow through the building; 
   
  (E) have the potential of damaging walls, woodwork, or floors; 
   
  (F) obstruct the view of or access to fire-fighting equipment or fire alarm 
pull stations; 
   
  (G)  involve the use of any flammable, hazardous, or odorous chemicals or 
materials, torches, or other open-flame illuminating devices or fires<nl>; 
<ol>[.] 
   
  <nl>(H) involve use of signs or placards attached to objects that might cause 
damage to the building or its contents. 
     
  (5) Intended use may not interfere with any legislative session or regular use 
of the Capitol building. 
   
  (6) Sound equipment, chairs, podiums, or other equipment ordinarily required 
for ceremonies, presentations, or performances <nl>may be used only with prior 
approval<ol> [must be approved] by the <nl>office<ol> [executive director] of 
the State Preservation Board, <nl>and shall be<ol> [but] furnished by the 
requesting party. 
   
  (7) The State of Texas, the State Preservation Board, <nl>or<ol>[and the 
executive director or] any employees of the State Preservation Board are not 
liable for any injury which may occur to any person during performances in the 
Capitol. 
   
  (8) All art and photographic exhibits, such as banners, streamers, or posters, 
used during an event, must be on freestanding displays, backdrops, or tripods. 
Such materials may not be hung from walls or railings. 
   
  <nl>(9)  Fund-raising on the premises is not allowed unless the fund-raising 
directly benefits the Capitol or unless it is part of the gubernatorial 
inaugural, or a similar event approved by the board, and the funds are used to 
help defray the costs of the event. 
   
  <nl>(10) With the exception of businesses authorized by the State Preservation 
Board to operate in the Capitol, vendors and/or the promotion of a commercial 
enterprise involving the exchange of money are prohibited. 
     
  <nl>(f)<ol>[(e)] Scheduling events. 
 
  (1) No more than two events will be scheduled for the Capitol in one working 
day. 
   
  (2) A written request to schedule an event in the Capitol must be received by 
the office of the State Preservation Board no later than four weeks before the 
date requested. Those requesting to schedule an event will be notified of the 
status of their request within two weeks following the receipt of the request. 
   
  (3) Requests must <nl>be submitted on State Preservation Board forms and<ol> 
be accompanied by: 
 
  (A) a detailed description of the event, including equipment and props to be 
used, and anticipated length and scope; 
   
  (B) a brief statement of the purpose of the event; 
   
  (C) the area in the Capitol being requested for the event; 
   
  (D) a list of all electrical equipment and power requirements for each piece 
of equipment. 
     
  (4) Incomplete requests will not be considered. 
 
       
  sec.111.16. Changes to the Capitol Building, General Land Office Building, and 
Grounds. 
 
  (a) (No change.) 
   
  (b) Construction, restoration, and repairs. 
 
  (1) All changes involving construction, restoration, and repairs, as defined 
in this subsection, shall be approved in writing by the <nl>office<ol> 
[executive director] of the State Preservation Board before change may occur. 
Changes include, but are not limited to: 
 
  (A)-(W) (No change.) 
     
  (2)-(5) (No change.) 
     
  (c)-(d) (No change.) 
 
     
  sec.111.17. Capitol Collections Policy. 
 
  (a) Purpose. 
 
  (1)  The State Preservation Board sets as its purpose to collect, preserve, 
<nl>protect,<ol> interpret, and maintain information on original or period 
objects of historical significance to the Capitol or the State of Texas, or 
appropriate to the early period of the Capitol's history (circa 1880-1920). The 
board will encourage study of its collections including publications concerning 
the objects, and will maintain the highest ethical standards in its 
interpretation of the collection. 
   
  (2) In order to assist the board [and the Office of the Architect of the 
Capitol] in carrying out the purpose of this policy, a collections review 
committee composed of five members will be formed, whose specific 
qualifications, appointments, and duties are further defined in the Capitol 
collections management manual. 
     
  (b) Types of collections. 
 
  (1) (No change.) 
   
  (2) Unlike museums, however, that are equipped and designed to maintain 
secondary research or exchange collections, the board will only maintain a 
primary Capitol collection including paintings, furnishings, sculpture, 
decorative arts, and other related artifacts. <nl>The board will acquire only 
artifacts that are appropriate to the purpose of the Capitol collections 
policy.<ol> Objects that do not meet the standards noted in paragraph (1) of 
this subsection <nl>may <ol> [will] be referred to other state <nl>or 
appropriate<ol> depositories. 
     
  (c) Methods of acquisition. 
 
  (1) The board shall acquire its collections through purchase, gift, bequest, 
[exchange,] or any other transaction <nl>consistent with applicable state or 
federal requirements<ol> by which title to objects is transferred to the board. 
   
  (2) The board shall acquire objects unencumbered by conditions imposed by the 
owner, donor, consignee, or by the nature of the material itself, unless 
otherwise approved by the board. The office of the <nl>State Preservation 
Board<ol> [Architect of the Capitol] will report to the board on new 
acquisitions and request the board's formal approval of the acquisitions at each 
meeting of the board. 
   
  (3) The board <nl>may<ol> [shall] accept loans from individuals, institutions, 
organizations, or foundations only if they enhance the purposes and activities 
of the board. Loans will only be accepted for display or use in 
<nl>buildings<ol> [the building] or on [its] grounds <nl>which are under the 
jurisdiction of the board.<ol> As a general rule, the board shall not approve 
the loan of items from the Capitol collection. 
   
  (4) In addition, the board maintains the right to deaccession items from the 
collection. Only material that is no longer considered relevant or useful to the 
purposes of the board will be considered for deaccessioning. 
   
  (5) To deviate from any of the policies will require the advisory review of 
the Collections Review Committee and the approval of the <nl>executive director 
of the State Preservation Board,<ol> [architect of the Capitol,] curator of the 
Capitol, and the board. 
     
  (d) Care and documentation of collections. 
 
  (1)  (No change.) 
   
  (2) Proper records on collected material, permanent or loan, shall be 
maintained by the curator [and registrar] of the Capitol, and a report to the 
board on the <nl>status <ol> [state] of the collections will be made on an 
annual basis. 
     
  (e) Capitol collections management manual. 
 
  (1) A Capitol collections management manual in sec.111.18 of this title 
(relating to Capitol Collections <nl>Management <ol> Manual) shall be developed 
by the <nl>curator <ol> [Office of the Architect] of the Capitol to effectively 
carry out the guidelines contained in the Capitol collections policy. 
   
  (2)  The collections <nl>management<ol> manual shall [restate the collections 
policy and] expand <nl>the<ol> [its] contents <nl>of the collections policy<ol> 
by detailing specific procedures for acquisitions, deaccessions, and loans. 
Complete accessioning, cataloguing, care, and conservation procedures shall be 
outlined in the manual. 
     
  (f) Standards of conduct, other Capitol collections and related materials, 
revisions to the policy. 
 
  (1) As a general policy, all parties shall adhere to the ethical guidelines 
recommended by the American Association of Museums. No member of the board, the 
office of the <nl>State Preservation Board,<ol> [Architect of the Capitol,] the 
Collections Review Committee, or any other individuals specified by the board 
shall personally receive, directly or indirectly, any favor, promise, or thing 
of value which could or appear to induce, discourage, or influence a 
recommendation, decision, or action affecting accessions, deaccessions, loans, 
exhibitions, or activities related to the Capitol collection. <nl>All parties 
shall demonstrate a good faith effort to avoid even the appearance of a conflict 
of interest. 
   
  (2) While the board does not have <nl>complete location<ol> control over 
certain significant historical artifacts[, particularly original Capitol 
furnishings] used in <nl>legislative members'<ol> offices in the <nl>historic 
Capitol, all other aspects of the collections policy and collections management 
manual apply to all such artifacts. <ol> [building, the Office of the Architect 
of the Capitol shall inventory and catalogue such artifacts and develop 
procedures for their care and preservation.]  <nl>An historical item removed 
from a member's office during renovation of the Capitol shall be placed back in 
that member's Capitol office in accordance with the Government Code, 
sec.443.017(b). 
   
  (3) Any revisions to the policy must be referred to the Collections Review 
Committee for advisory comment and approved by the <nl>office of the State 
Preservation Board,<ol> [architect's office,] the Permanent Advisory Committee, 
and the board. 
   
  <nl>(4) Upon the recommendation of the Collections Review Committee, the 
curator of the Capitol, and the Permanent Advisory Committee, the board may 
approve exceptions to this policy. 
     
  <nl>(g) Items in a Capitol collection, unless on loan or in storage as 
provided under these rules, shall be located in the Capitol, except that 
portraits originally identified with the supreme court or the court of criminal 
appeals initially displayed in the Capitol after 1915 shall be located, at the 
particular court's discretion, in the present quarters of the court to which the 
item is identified. An item located at the direction of a court remains part of 
the Capitol collection and is subject to preservation and protection by the 
board. 
 
     
  sec.111.18. Capitol Collections <nl>Management Manual. 
 
  (a)  Goals of the manual. 
 
  (1) The [Texas] Capitol Collections <nl>Management <ol> Manual has been 
developed by the curator of the Capitol to further define the Texas Capitol 
collections policy, detailing the specific procedures that are to be followed to 
fully carry out the guidelines of the collections policy. 
   
  (2) The overall goal of the policy and the management manual is to collect, 
preserve, <nl>protect,<ol> interpret, and maintain information on original or 
period objects of historical significance to the Capitol or the State of Texas 
or appropriate to the early period of the Capitol's history (circa 1880-1920). 
     
  (b) Responsibility for collections and Collections Review Committee. 
 
  (1) The State Preservation Board was established as an agency in 1983 to 
preserve, maintain, and restore the State Capitol, its contents, and grounds 
(Texas Government Code, Chapter 443). 
   
  (2) In order to assist the State Preservation Board and the <nl>office of the 
State Preservation Board<ol> [executive director] in carrying out the purpose of 
the collections policy, a collections review committee shall be formed. 
   
  (3) The Collections Review Committee shall be composed of five members 
appointed by the Permanent Advisory Committee to the State Preservation Board in 
consultation with the  <nl>office<ol> [executive director] of the State 
Preservation Board and approved by the State Preservation Board. The committee 
members shall be residents of the State of Texas and recognized authorities or 
scholars in one or more of the following fields: Texas material culture; 
American decorative arts (19th century emphasis); Texas paintings (historical); 
Texas history; or a related field. The term of the appointments shall be three 
years. To allow for staggered terms, two of the first appointments will be for 
two years, and the remaining three appointments will be for the full three-year 
term, to be determined by random selection. 
   
  (4) (No change.) 
     
  (c) Methods of acquisition. 
 
  (1) The <nl>office of the State Preservation Board<ol> [curator of the 
Capitol] shall acquire the collections [of the State Preservation Board] through 
purchase, gift, bequest, [exchange,] or any other transaction <nl>consistent 
with applicable state or federal requirements<ol> by which title to objects is 
transferred to the board. The <nl>office of the<ol> State Preservation Board 
shall acquire objects unencumbered by conditions imposed by the owner, donor, 
consignee, or by the nature of the material itself, unless otherwise approved by 
the board. The curator of the Capitol will report to the board on new 
acquisitions and request the board's formal approval of the acquisitions at each 
meeting of the board. 
   
  (2) Prior to a purchase, the <nl>office of the State Preservation Board<ol> 
[curator of the Capitol] will attempt to acquire the object or comparable 
material through gift, bequest, or <nl>transfer <ol> [exchange]. Only items 
which the <nl>office<ol> [executive director] of the State Preservation Board 
feels can be given proper care for an indefinite period of time will be 
acquired. Items <nl>known to have <ol> [of] questionable provenance <nl>or 
title<ol> or obtained through illicit trade shall not be acquired. Only when the 
<nl>office <ol> [executive director] of the State Preservation Board has 
determined to the best of its ability that material has been collected, 
exported, or imported in compliance with the laws and regulations of the country 
of origin, of the federal government of the United States, and of individual 
states within the United States, shall material be acquired  <nl>by the 
board.<ol> The <nl>office<ol> [executive director] of the State Preservation 
Board will [also attempt to] conduct its collecting activities with a reasonable 
certainty that its approach is consistent with the spirit and intent of these 
laws and programs. 
   
  (3) If it is determined that an object offered for acquisition is stolen 
property or has entered the United States illegally, the <nl>office<ol> 
[executive director] of the State Preservation Board [and the Collections Review 
Committee] will report all pertinent facts, in writing, to the  <nl>Collections 
Review Committee and the<ol> board. 
     
  (d) Donation, bequests, purchases, [exchanges,] and other transactions. 
 
  (1) All donations shall be referred by the <nl>office of the State 
Preservation Board<ol> [curator of the Capitol] to the Collections Review 
Committee for advisory review and comment. Taking into consideration the 
comments of the Collections Review Committee, if a donation is unencumbered, [is 
approved by the curator of the Capitol,] and meets the purposes of the board, 
the <nl>office<ol> [executive director] of the State Preservation Board may  
<nl>accept<ol> [approve] the material for receipt. If the item is encumbered in 
any manner, the donation shall be submitted for <nl>prior<ol> approval to the 
board. All encumbrances shall be stated clearly in an instrument of conveyance, 
shall be made part of the State Preservation Board permanent record, and shall 
be observed by the executive director and the curator of the Capitol of the 
State Preservation Board. Whenever possible donations should be accompanied by 
funds which will be restricted to an endowment for conservation of the 
collection. Applicable Internal Revenue Service rules related to donations shall 
be adhered to by all relevant parties. 
   
  (2)-(3) (No change.) 
   
  (4) All items considered for purchase shall be referred by the curator of the 
Capitol to the Collections Review Committee for advisory review and comment. 
<nl>A written appraisal from a licensed appraiser shall be obtained by the 
curator prior to the purchase of items over $10,000 and otherwise as deemed 
advisable.<ol> Taking into consideration the comments of the committee[,] and 
the recommendations of the curator of the Capitol, the <nl>office<ol> [executive 
director] of the State Preservation Board may purchase items under $10,000 given 
the availability of necessary funds. Items over $10,000 shall [also] require the 
approval of the board prior to purchase. 
   
  (5) <nl>The board may also acquire items through interagency transfer as 
provided by the Texas Government Code, sec.443.017, and other applicable state 
law.<ol> [In order to enhance the collections of the board, the executive 
director of the State Preservation Board and the board may exchange items in the 
collection for material of equivalent or superior value. In such cases, the 
deaccessioning procedures noted in Section IV of this manual shall be followed.] 
   
  (6)-(7) (No change.) 
   
  (8) State law provides that in most cases all records of a governmental body 
are open to the public <nl>following procedures established under the Open 
Records Act.<ol> One exception to that rule is information pertaining to 
appraisals or the purchase price of personal property for public purposes prior 
to the formal award of the contract. 
     
  (e) Deaccessioning. 
 
  (1) The board may deaccession material in order to refine its collections and 
effect exchanges or purchases of material more in keeping with its purposes. All 
material considered for deaccessioning by the curator of the Capitol must be 
referred to the Collections Review Committee for advisory review, and then 
approved by the executive director of the State Preservation Board and the board 
<nl>prior to deaccession. <ol> No donated object shall be deaccessioned for any 
reason for two years and one day after the date of its acquisition. 
   
  (2) <nl>The procedures for deaccessioning material from the Capitol 
collections shall be consistent with those procedures established by Texas Civil 
Statutes, Article 601b<ol> [Material to be deaccessioned may be traded or sold.] 
Items shall not be returned to donors. However, <nl>when applicable,<ol> the 
donor shall not be precluded from purchasing material  <nl>if it is offered<ol> 
[at its current fair market or appraised value] at public sale. <nl>The curator 
of the Capitol shall make a reasonable attempt to notify the donors of the 
material 30 days prior to any such sale.<ol> All monies received from the 
deaccessioning of material shall be placed in a fund restricted for acquisitions 
<nl>or direct care of the collections. 
   
  (3) <nl>Prior to deaccessioning, <ol> [Whether sold publicly or privately or 
traded,] the curator of the Capitol shall [secure two independent appraisals to] 
determine current fair market value of the material. <nl>Two independent 
appraisals shall be obtained for items valued potentially over $10,000.<ol> [The 
curator of the Capitol shall make a reasonable attempt to notify donors of 
intended deaccessioning action.] 
   
  (4) (No change.) 
   
  (5) [Exempted from the preceding policies are items which must be 
deaccessioned due to inherent vice or vermin; are in such condition that repair 
or restoration is not possible; or the objects, materials, or supplies are of 
such insignificant value (less than $250) that the board cannot sell them. In 
such cases, the executive director of the State Preservation Board, upon the 
recommendation of the curator and the advisory review of the Collections Review 
Committee, may approve the immediate disposal of such items. In such cases, a 
written report with photographs shall become part of the board's permanent 
records.] A complete file on all deaccessioned materials shall be maintained by 
the curator of the Capitol. 
   
  (6) (No change.) 
     
  (f) Loans to the board. 
 
  (1) Loans to the board shall only be approved when consistent with its 
programs and activities. Loans shall be referred by the curator of the Capitol 
to the Collections Review Committee for advisory review and comment. Taking into 
consideration the comments of the committee, the curator of the Capitol may  
<nl>accept<ol> [approve] loans to <nl>buildings and grounds under the 
jurisdiction of the board<ol> [the Capitol]. 
   
  (2)  Items placed in the Capitol on a short-term exhibit basis that fall under 
sec.111.13 of this title (relating to Exhibitions and Events in the Capitol 
Building) are not included under this manual and shall be monitored by the 
curator of the Capitol [of the State Preservation Board] according to 
established procedures. All loans shall be for specific periods of time. 
<nl>Permanent or indefinite loans will not be accepted. 
   
  (3) All rules and regulations governing loans to the Capitol shall be clearly 
stated in a contractual document and agreed to by the lender and the 
<nl>office<ol> [executive director] of the State Preservation Board prior to the 
latter's taking custody of loaned material. Items on loan for display in the 
Capitol shall be treated as permanent collection items, the curator of the 
Capitol being responsible for their maintenance and handling. However, insurance 
shall be carried by the lender unless <nl>other <ol> arrangements, in 
contractual format, are agreed upon in advance. Shipping costs are to be borne 
by the lender unless <nl>other <ol> arrangements, in contractual format, are 
agreed upon in advance. If the loan has any unusual encumbrances, it must also 
be approved by the board. Items on loan for review as potential purchases or 
donations shall be treated as temporary custody items, and a contractual 
agreement with specific terms or conditions shall be completed. 
   
  (4) Every attempt shall be made to keep in yearly contact with the owner of 
loaned material. In the event that the existence and location of the owner is 
unknown to the curator of the Capitol [of the State Preservation Board] for 
longer than three years, the Texas Escheat Laws, located at the Texas Property 
Code Annotated, sec.72.101 et. seq., shall take effect and be followed by the 
<nl>office<ol> [executive director] of the State Preservation Board [and the 
board]. The <nl>office<ol> [executive director] of the State Preservation Board 
shall only return lent material to the original lender or duly authorized 
agents. Heirs must present legal proof of ownership before the board will 
release lent material. 
   
  (5) (No change.) 
     
  (g) Loans from the board. 
 
  (1) Since the Capitol collections consist <nl>primarily <ol> of objects that 
are either being used or displayed in functional or public areas of the 
building, and because of limitations of staff and equipment, as a general rule 
the loan of items from the Capitol collections will not be approved. This loan 
policy does not apply to items released for conservation treatment <nl>or short-
term storage. 
   
  (2) Any deviation from this loan policy must be approved by the curator of the 
Capitol (with the advisory review of the Collections Review Committee) <nl>, the 
Permanent Advisory Committee,<ol> and the board. In order to be considered, a 
potential borrower <nl>preferably should <ol> [shall] be an established museum, 
<nl>in most cases <ol> [preferably] accredited by the American Association of 
Museums. The borrowing institution's security, climate control, and other 
factors will be taken into consideration during the review process. In the event 
a loan from the collection is approved, insurance will be carried by the 
borrower who will provide the board with a <nl>wall-to-wall<ol> [portal to 
portal] certificate of insurance. Any exceptions must be made in advance in a 
contractual document. All rules and regulations governing loans from the Capitol 
collections will be clearly stated in a contractual document and agreed to by 
the borrower and the <nl>office<ol> [executive director] of the State 
Preservation Board prior to releasing material to the borrower. 
     
  (h) Documentation of collections. 
 
  (1) (No change.) 
   
  (2) In addition to an item's state inventory number or any other number, each 
object will be assigned a Capitol historical artifact <nl>(CHA)<ol> number. The 
numbers will be assigned sequentially on a yearly basis. The prefix of the 
number will be the year of accession, followed by a sequential number (i.e., 
1988.1, 1988.2, 1988.3, and so on). <nl>An "R" preceding the CHA number shall 
identify items that are reproductions of original Capitol furnishings items. 
These items will be referred to as the Reproduction Capitol Historical Artifact 
Collection. <ol> A label will be affixed to each item noting that it is a 
Capitol historical artifact. In addition, the accession number will be 
permanently marked on the item following accepted museum methods. An annual 
inventory of the collection will be conducted by the curator of the Capitol. 
   
  (3) Each accession will be promptly entered into an accession book, in order 
by <nl>CHA<ol> [accession] number [, by the curator of the Capitol.]. The 
accession book will contain the following information for each item: <nl>CHA<ol> 
[Capitol historical artifact] number, state inventory number (or other number), 
name, brief description and measurements, source, date of accession, and 
location. <nl>In addition, all accession and basic catalog information on each 
CHA will be entered on a computer database. 
   
  (4) <nl>A catalog report will be completed for <ol> [The curator will complete 
a registration card for] each item and  <nl>updated<ol> [update it] as required. 
A black-and-white <nl>(color when necessary) <ol> contact print of the object 
will be affixed to each <nl>report.<ol> [card. Negatives for all items will be 
kept in a separate file.] The original <nl>catalog reports <ol> [registration 
cards] will be <nl>placed in an archival sleeve and filed in the appropriate 
object file. Copies of the catalog reports will be<ol> kept in notebooks in 
order by <nl>CHA<ol> [historical artifact] number. <nl>Additional <ol> [The 
curator will maintain additional] files on the collections <nl>will be 
maintained,<ol> including: 
 
  (A) object files <nl>kept in archival file folders: 
 
  (i)<nl> original catalog report; <ol> [xerox of registration card;] 
   
  (ii)<nl> photographs of the object and, when generated, an<ol> eight-inch by 
ten-inch black-and-white photograph in archival sleeve; 
   
  (iii) copies <nl>or originals<ol> of any invoices, receipts, or other 
paperwork related to acquisition; and 
   
  (iv) background information and research on the object; 
     
  (B) <nl>photographic files<ol> [source files]: 
 
  (i)<nl> each CHA will be professionally photographed in 2 1/4-inch or four-
inch by five-inch black-and-white format, and color when appropriate; <ol> 
[source record listing each acquisition from that source, with date of 
acquisition and purchase price/value; and] 
   
  (ii)<nl> resulting negatives and transparencies will be labeled and kept in 
archival storage files by negative/transparency size, filed in CHA order; <ol> 
[original receipts, invoices, or other paperwork related to the acquisition;] 
   
  <nl>(iii)<nl> an eight- inch by ten- inch black-and-white print will be 
developed, labeled and filed in each CHA object file as funding permits; 
   
  <nl>(iv)<nl> any additional 35mm black-and-white and color prints and 
negatives related to the collections will be assigned photo numbers and filed 
chronologically by date photographed in archival boxes; 
   
  <nl>(v) <nl> black-and-white (and color when applicable) condition photographs 
will be taken of any defects, flaws and/or damages to CHAs; one set will be 
filed in the object files, a copy set with negatives will be filed per clause 
(iv) of this subparagraph. 
     
  (C) <nl>maintenance log<ol> [room files (where applicable):] 
 
  (i)<nl> a ledger will be maintained noting each repair or maintenance made to 
a CHA, including work done, by whom, cost, completion date, and photo numbers of 
any supporting photographic documentation<ol> [layout of each room with each 
object noted on diagram]; 
   
  <nl>(ii)<nl> this information will also be added to the collection computer 
database file for the affected CHA. 
   
  [(ii)  copies of registration cards;] 
   
  [(iii) list of loan items in room; and] 
   
  [(iv) memos or other information related to the room;] 
     
  (D) <nl>deaccession files<ol> [card files]: 
 
  (i)<nl> a ledger listing all deaccessions in chronological order will be 
maintained <ol> [four-inch by six-inch files with condensed information for 
cross-referencing and quick access purposes] 
   
  (ii)<nl> background deaccession file information will be kept in the 
appropriate object file<ol> [accession cards;] 
   
  [(iii) object cards;] 
   
  [(iv) source cards; and] 
   
  [(v) room cards;] 
     
  (E)  <nl>room files (where applicable), upon completion of Capitol Interior 
Preservation Project: <ol> [snapshot photo files and maintenance log:] 
 
  (i) <nl> layout of each room with each object noted on diagram;<ol> [color 
prints for quick reference purposes filed by object type; and] 
   
  (ii) <nl> copies of catalog reports;<ol> [a ledger noting each instance of 
repair or maintenance to an item in the collection; includes what work was done, 
by whom, and the completion date.] 
   
  <nl>(iii)<nl> list of any loan items in room; and 
   
  <nl>(iv)<nl> memos or other information related to the room. 
       
  (5) To assist in the public's understanding and appreciation of the Capitol 
collections, <nl>upon completion of the Capitol Interior Preservation 
Project,<ol> descriptive catalogues should be prepared for the various rooms 
where the objects are displayed (as applicable), providing both general 
information as well as specific data on each object in the room. At an 
appropriate point, funding should be secured to publish a permanent printed 
catalog of the Capitol's collections. 
   
  (6)  Documentation shall also be maintained on the loan collections. The 
numbering system will consist of an "L" designating a loan, followed by [the 
year and then] a sequential number, determined by the order of the loan, 
<nl>followed by the year the loan was accepted (L2.1993, L3.1993) <ol> [(L1987. 
2; L1987.3, etc.)]. The loans will be entered into a separate [section of the] 
accessions book, clearly labeled loan collection. Files for each loan object 
<nl>will<ol> [should] be maintained, including a simplified <nl>catalog 
report,<ol> [registration card,] the original signed loan agreement and other 
related paperwork, and a snapshot photograph. Information on loan objects should 
be included in the room catalogues mentioned in paragraph (5) of this 
subsection. 
   
  (7) To safeguard the primary documentation files [(accession book and 
registration cards)] copies <nl>of the collections database printout and CHA 
catalog reports<ol> shall be deposited with the Texas State Archives and updated 
on <nl>a quarterly<ol> [an annual] basis. 
     
  (i) Care of collections and amendments. 
 
  (1) The curator of the Capitol is responsible for the care of the collections. 
Maintenance, repair, or restoration of objects in the collection shall be 
[coordinated and] approved by the curator. All such work will be noted in 
<nl>the <ol> [a] maintenance log, and <nl>the catalog reports will be updated as 
necessary, and repair receipts and invoices filed in the object files<ol> 
[registration cards]. 
   
  (2) <nl>As outlined in the Texas Government Code, sec.443.017, the State 
Preservation Board can require a state agency or other state entity to transfer 
certain items of historical significance from that state or entity's inventory 
to State Preservation Board inventory.<ol> The following <nl>additional<ol> 
procedures shall be followed <nl>to assist the curator in the care of such 
items<ol> [for Capitol historical artifacts located in the Capitol not directly 
under the board's ownership.] 
 
  (A) The curator of the Capitol shall provide to the appropriate personnel 
charged with property responsibility <nl>at each applicable state agency <ol> a 
list of all <nl>items being used by their agency that are Capitol historical 
artifacts under State Preservation Board inventory <ol> [property under their 
agency's jurisdiction that qualify as Capitol historical artifacts.] This list 
shall include the object's state inventory number [or other number], its Capitol 
historical artifact number, and location. 
   
  (B) The appropriate personnel <nl>must<ol> [shall] inform the curator <nl>if 
they wish to change<ol> [in writing when] the location of a Capitol historical 
artifact [is changed]. <nl>Such items may only be moved or handled under the 
direct supervision of State Preservation Board curatorial staff. 
   
  (C) The appropriate personnel <nl>must contact<ol> [shall obtain the approval 
of] the curator <nl>to request <ol> [for] any maintenance or restoration work 
<nl>on <ol> [planned for] a Capitol historical artifact [under their 
jurisdiction]. <nl>Such work must be approved, supervised and/or coordinated by 
the State Preservation Board curatorial staff.<ol> [The curator shall also 
recommend conservation treatment on an as-needed basis or during the annual 
inventory process.] 
   
  (D) Deaccessioning (selling, disposing of, or otherwise deleting from 
inventory) of any Capitol historical artifact  <nl>can only<ol> [shall] be 
approved <nl>and coordinated by the State Preservation Board (see sec.111.18(e) 
of this Title).<ol> [by the curator (with the advisory review of the Collections 
Review Committee) and the State Preservation Board.] 
     
  (3) (No change.) 
   
  (4) Due to the fact that the Capitol is a functioning state office building, 
the <nl>office<ol> [executive director] of the State Preservation Board shall 
coordinate security, atmospheric and emergency concerns with the [State 
Purchasing and] General Services Commission or other related agencies or 
individuals. Museum standards will be followed when feasible and practical, 
including the development of an emergency procedures manual addressing staff 
responsibilities in the event of theft, flood, fire, storm, explosion, war, and 
nuclear disaster. 
   
  (5)  (No change.) 
 
       
  sec.111.19. Recognition of Donors. 
 
  (a) (No change.) 
   
  (b)  Methods of Recognition. 
 
  (1) All recognition of donors shall be reviewed by the <nl>office<ol> 
[executive director] of the State Preservation Board. 
   
  (2) Donors may be recognized by letters, certificates of appreciation, in 
printed material and <nl>by other means determined by the board.<ol> 
[inscription of donor's name in the Texas Capitol Preservation Golden Book of 
Donors. <ol>] Donors of <nl>$50,000 <ol> [$100,000] or more will be listed as 
major donors. [No fund amounts will be listed in the book, which will be kept 
available to the public in a location designated by the State Preservation 
Board.] 
   
  (3) Donors may be recognized at an event or events directly related to the 
Capitol restoration and approved by the <nl>office <ol> [executive director] of 
the State Preservation Board. 
   
  [(4) Donors may receive printed material concerning donor recognition and/or 
part of fund-raising materials. 
   
  [(5) Upon request, donors shall receive from the executive director of the 
State Preservation Board an official receipt of their donation specifying what 
their donation shall be used for: restoration fund, specific project, item or 
items.] 
 
       
  sec.111.20. Use of the Capitol Grounds. 
 
  (a) Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (1)  Event-Any performance, ceremony, [or] presentation <nl>, or activity<ol> 
held on the grounds. 
   
  (2) Public purpose-The promotion of the public health, <nl>education,<ol> 
safety, morals, general welfare, security, prosperity, and contentment of all of 
the inhabitants or residents within the state, the sovereign powers of which are 
exercised to promote such public purpose or public business. 
   
  (3) Capitol grounds-<nl>The<ol> [All] area within the historic cast iron 
fencing; the area lying between the fencing and city streets that is owned by 
the state; the esplanade just outside the east entrance to the Capitol between 
the gateposts and San Jacinto Street; the Old General Land Office Building 
grounds between 11th and 12th Streets and the Capitol's eastern iron fence and 
the State Insurance Building; the area bordered by 11th Street to the south, 
Colorado Street to the east, Lavaca Street to the west, and the Westgate 
Building property to the north; property <nl>north of the Capitol bordered by 
Colorado Street on the west, San Jacinto Street on the east<ol> [between the 
Capitol] and 15th Street <nl>on the north,<ol> [, northeast, north and northwest 
of the Capitol,] which is not occupied with other state buildings<nl>, or the 
Texas Employment Commission Building property<ol> an accompanying terraces. [The 
Texas Employment Commission Building property, Colorado Street, and 15th Street 
are the east, west, and north boundaries.] Street right-of-ways within these 
boundaries include 14th Street and Congress Avenue. 
     
  <nl>(b) Deposit for use of Capitol or Capitol grounds. 
 
  <nl>(1) A deposit is required from persons or entities that use the Capitol, 
Capitol extension, or grounds of the Capitol for an event, exhibit, or other 
scheduled activity. The deposit is in an amount set by the office of the State 
Preservation Board designed to recover the estimated direct costs the state of 
the event, exhibit, or activity. The office of the State Preservation Board may 
deduct from the deposit: 
 
  <nl>(A) the cost of damage to the Capitol, Capitol extension, or ground of the 
Capitol that directly results from the event, exhibit, or other activity; 
   
  <nl>(B) the costs of extra labor, materials, and utilities directly 
attributable to the event, exhibit, or other activity; and 
   
  <nl>(C) the costs of extra security requested by the person or entity for the 
event, exhibit, other activity. 
       
  <nl>(c)<ol>[(b)] Approval of grounds events. 
 
  (1) All Capitol grounds events will be approved and scheduled by the 
<nl>office<ol> [executive director] of the State Preservation Board. 
   
  <nl>(2) All events must have a clear public purpose. 
   
  <nl>(3) <ol>[(2)] Events will not be approved if they: 
 
  [(A) have no obvious public purpose;] 
   
  <nl>(A)<ol>[(B)] promote a commercial enterprise; 
   
  <nl>(B)<ol>[(C)] obstruct entrances or interrupt traffic flow through the 
building; 
   
  <nl>(C)<ol>[(D)] obstruct the view of or access to fire fighting equipment or 
fire hydrants; 
   
  <nl>(D)<ol>[(E)] involve the use of flammable, hazardous or odorous chemicals 
or materials<nl>; or<ol> [.] 
   
  <nl>(E) involve use of signs or placards attached to objects that might cause 
damage to the building or its contents. 
     
  <nl>(4)<ol>[(3)] Intended use may not interfere with any legislative session 
or regular use of the Capitol building or grounds. 
   
  <nl>(5)<ol>[(4)] Sound equipment, chairs, risers, podiums, tents, canopies, or 
other equipment required for ceremonies, presentations, or performances must be 
approved by the <nl>office <ol> [executive director] of the State Preservation 
Board, but furnished and installed by the requesting party. Installation 
approval is subject to inspection. 
   
  <nl>(6)<ol>[(5)] The State of Texas, the State Preservation Board, [and the 
executive director] and <nl>any<ol> employee of the State Preservation Board are 
not liable for any injury which may occur to any person during the event on the 
Capitol grounds. 
   
  <nl>(7)<ol>[(6)] Security requirements other than that routinely provided by 
Capitol police are the responsibility of the organizers; however, the 
<nl>office<ol> [executive director] of the State Preservation Board must approve 
any additional security arrangements. 
   
  <nl>(8) Fund-raising on the premises is not allowed unless the fund-raising 
directly benefits the Capitol or unless it is part of the gubernatorial 
inaugural, or a similar event approved by the board, and the funds are used to 
help defray the costs of the event. 
   
  <nl>(9) With the exception of businesses authorized by the State Preservation 
Board to operate in the Capitol, vendors and/or the promotion of a commercial 
enterprise involving the exchange of money are prohibited. 
     
  <nl>(d)<ol>[(c)] Scheduling events. 
 
  (1) A written request to schedule an event on the Capitol grounds must be 
received by the office of the State Preservation Board [no later than] two weeks 
before the date requested. Those requesting to schedule an event will be 
notified within one week following the receipt of the request. 
   
  (2)-(3)  (No change.) 
   
  (4) No signs or placards displayed or available for display during the event 
may be carried into the Capitol building.  <nl>No signs or placards may be 
attached to any part of the Capitol, including but not limited to fences, 
lampposts, trees, etc. except as approved by the board. 
   
  (5)-(6) (No change.) 
   
  (7) Upon completion of the event, organizers will be held responsible for 
clean-up of the area. <nl>Any <ol> [A clean-up deposit may be requested, based 
on event size. The] deposit will [not] be refunded <nl>following<ol> [until] an 
inspection of the area <nl>to determine that the area has been adequately 
cleaned<ol> [is conducted the following day]. The organizer(s) may be present at 
this inspection by contacting the office of the State Preservation Board. 
   
  (8) (No change. ) 
 
       
  sec.111.21. Fire Protection Policy. 
 
  (a) (No change.) 
   
  (b)  Oversight. The policy will be administrated by the Capitol fire marshal 
at the direction of the executive director <nl>and the Commission on Fire 
Protection. 
   
  (c) Standard Procedures. The Capitol fire marshal shall: 
 
  (1)-(4) (No change.) 
   
  (5) assure that all trash receptacles are constructed of fire resistant 
material approved by the Underwriters Laboratory (UL) or Factory Mutual System 
(FM); <nl>and<ol> [.] 
   
  <nl>(6) routinely collect and keep on file Material Safety Data Sheets (MSDS) 
listing hazardous materials in State Preservation Board controlled buildings and 
maintain an accessible file of MSDS sheets. 
     
  (d) (No change.) 
 
     
  sec.111.22. <nl>Definitions  [Definition] of Capitol Grounds [Boundaries]. 
 
  (a) (No change.) 
   
  (b) As defined by the State Preservation Board, the Capitol grounds 
[boundaries shall] include all area within the historic cast iron fencing; the 
area lying between the fencing and city streets that is owned by the state; the 
esplanade just outside the east entrance to the Capitol between the gateposts 
and San Jacinto Street; the Old General Land Office Building grounds between 
11th and 12th Streets and the Capitol's eastern iron fence and the State 
Insurance Building; the area bordered by 11th Street to the south, Colorado 
Street to the east, Lavaca Street to the west, and the Westgate Building 
property to the north; property <nl>north of the Capitol bordered by Colorado 
Street on the west, San Jacinto Street on the east<ol> [between the Capitol] and 
15th Street <nl>on the north,<ol> [,northeast, north and northwest of the 
Capitol,] which is not occupied with other state buildings<nl>, or the Texas 
Employment Commission Building property<ol> [,] and accompanying terraces. [The 
Texas Employment Commission Building property, Colorado Street, and 15th Street 
are the east, west, and north boundaries.] Street right-of-ways within these 
boundaries include 14th Street and Congress Avenue. 
 
     
  sec.111.23. Fund-Raising Policy. 
 
  (a) Procedures for solicitation and acceptance of contributions of funds and 
securities <nl>by entities other than the State Preservation Board on behalf of 
the board to benefit the buildings and rounds under State Preservation Board 
authority. 
 
  (1) (No change.) 
   
  (2) Procedure. 
 
  (A) All <nl>proposals for<ol> solicitation and contributions of money <nl>by 
entities other than the State Preservation Board<ol> [proposals] must be 
submitted in writing to the <nl>office <ol> [executive director] of the State 
Preservation Board for review. <nl>Approval <ol> [The executive director may 
authorize a member of the State Preservation Board staff to hold discussions 
with potential contributors, but final commitments] will be deferred pending 
submittal of all required documentation and proper review. 
   
  (B)  Letters <nl>or proposals concerning solicitations and/or <ol> [of 
intended] contributions shall be reviewed, along with any pertinent legal 
documents and forms by the <nl>office<ol> [executive director] of the State 
Preservation Board, legal counsel for the State Preservation Board, and any 
additional advisors considered appropriate to make recommendations for 
acceptance or denial. Letters must include: 
 
  (i) names and addresses of each individual, corporation, or organization 
(including officers and directors), <nl>soliciting and<ol> contributing funds or 
securities, and a copy of the group exemption letter showing compliance with 
sec.501(c)(3) of the Internal Revenue Code for all nonprofit corporations; 
   
  (ii) amount of funds or securities to be contributed; 
   
  (iii) source of funds or description of method of obtaining funds; 
   
  (iv) date(s) funds will be donated or securities transferred; 
   
  (v) contributors may specify their donations be used for a particular item or 
items, room renovation or conservation of a specific item(s). The costs will be 
determined by the <nl>office of the <ol> State Preservation Board [staff and 
submitted in writing to the contributor. With prior approval by the curator of 
the Capitol and the executive director of the State Preservation Board, 
contributors may donate to the following categories: 
 
  (I)-(IV) (No change.) 
   
  (V) other projects <nl>approved<ol> [designated] by the board and set forth in 
the Capitol master plan; 
     
  (vi) current financial statement or annual report. 
     
  (C) Contributions will not be accepted if: 
 
  (i) the method of solicitation or the source of funds is determined by the 
<nl>office<ol> [executive director] of the State Preservation Board to be 
inappropriate for contributions benefiting the Capitol; 
   
  (ii)-(iv) (No change.) 
         
  (b) Acceptance of funds from events. 
 
  (1)-(2) (No change.) 
   
  (3) Prior to approval of an event using the Capitol preservation (restoration) 
project name, a memorandum of agreement must be negotiated between the State 
Preservation Board, signed by the executive director, and the organizers of the 
event. [It will be reviewed and approved by legal counsel of the State 
Preservation Board.] The agreement must include: 
 
  (A) amount of guaranteed minimum donation; 
   
  (B) a time limit, not to exceed <nl>120 <ol> [90] days from the execution of 
the memorandum of agreement, for funds to be received by  <nl>the office of<ol> 
the State Preservation Board; 
   
  (C) authorization by organizers for the <nl>office <ol> [executive director] 
of the State Preservation Board to audit books of event; 
   
  (D) authorization for the <nl>office<ol> [executive director] of the State 
Preservation Board to approve all printed materials pertaining to the event 
prior to their publication and distribution; 
   
  (E)  proof of sufficient insurance coverage for event by the organizers; 
   
  (F) requirement for written notification of cancellation or modification of 
event to be submitted in writing to the  <nl>office<ol> [executive director] of 
the State Preservation Board 30 days prior to scheduled date of the event. 
       
  (c) Other provisions. 
 
  (1) The <nl>office<ol> [executive director] of the State Preservation Board 
may require any additional documentation considered appropriate to determine the 
acceptance of funds or securities from an individual(s), corporation, or 
organization. 
   
  (2)  The State of Texas, State Preservation Board, or [executive director or] 
<nl>the<ol> employees of the State Preservation Board shall not be held liable 
for any expenses incurred from a solicitation effort benefiting the Capitol 
Preservation Project by an individual(s), corporation, or organization. 
     
  (d) Acknowledgments. All contributions of money may be acknowledged by one or 
more of the following: a letter <nl>from the office of the State Preservation 
Board<ol> [signed by the executive director] stating the amount of donation, 
date of the donation, and its specified category or purpose; a State 
Preservation Board appreciation certificate; inscription of the donor's name in 
the  Texas Capitol Preservation Golden Book of Donors.<ol> Donors of 
<nl>$50,000<ol> [$100,000] or more will be listed as major donors. 
 
     
  sec.111.25. Memorials/Monuments of the Capitol Complex. 
 
  (a)-(b)  (No change.) 
   
  (c) Procedures for approval of memorials/monuments in the Capitol complex. 
 
  (1) No additional memorials and/or monuments shall be placed on historic 
Capitol grounds. 
   
  (2) For any monument authorized by the legislature to be constructed 
<nl>within<ol> [on] the Capitol complex, the <nl>office<ol> [executive director] 
of the State Preservation Board shall be consulted concerning potential sites 
available on the Capitol complex. <nl>A grounds monument location map will be 
incorporated into the master plan to define potential locations. 
   
  (3) A preliminary proposal shall be submitted to the <nl>office<ol> [executive 
director] of the State Preservation Board for review at the time potential sites 
are reviewed. This preliminary proposal will include: 
 
  (A)  administrative arrangements to oversee the project's fundraising, design, 
and construction; 
   
  (B) preliminary design intentions. 
     
  (4)  <nl>Using the master plan, the office of the State Preservation Board<ol> 
[At the direction of the executive director, the architect of the Capitol] shall 
submit the proposal and <nl>recommended<ol> [his/her recommendations for] site 
selection for the proposed monument to the Permanent Advisory Committee for 
review and recommendation, and to the State Preservation Board for preliminary 
site approval. 
   
  (5) After preliminary site approval, a final design proposal shall be 
submitted to the <nl>office<ol> [executive director] of the State Preservation 
Board for review <nl>and recommendation. 
   
  (6) The executive director of the State Preservation Board will submit the 
final design proposal and his/her recommendations to the Permanent Advisory 
Committee for review and <nl>solicit <ol> recommendations <nl>for <ol> [to] the 
State Preservation Board. The <nl>State Preservation Board then shall be asked 
to give<ol> [board gives] final approval for the design and site location [for 
all memorials and monuments]. 
   
  (7) The executive director of the State Preservation Board shall issue a 
building permit for any memorials and/or monuments after a proposal has received 
board approval. 
   
  (8) Criteria for approval of memorials and/or monuments by the State 
Preservation Board will include the following. 
 
  (A) Site selection shall be <nl>consistent <ol> [congruent] with the purposes 
stated previously  <nl>and shall be based on the approved master plan. 
   
  (B) A military commemorative work may be established only to commemorate a war 
or similar major military conflict or to commemorate any branch of the armed 
forces. No commemorative work commemorating a lesser conflict or a unit of an 
armed force shall be permitted. 
   
  (C) A commemorative work commemorating an individual or group of individuals 
shall not be permitted until at least 25 years after the death of the individual 
or the last surviving member of the group. 
   
  (D) <nl>The construction of a<ol> [A] commemorative work <nl>must be in the 
public's interest, must represent<ol> [other than a work referred to in 
subparagraph (B) or (C) of this paragraph may be constructed only to 
commemorate] a subject of lasting historical significance <nl>to the history and 
heritage of Texas, and must reflect a consensus of the lasting historical 
statewide significance of the subject involved. 
   
  (E) No public funds shall be used to construct memorials and/or monuments. 
Funding must be secured and in-hand before a construction permit shall be 
issued. 
   
  (F) Knowledgeable persons qualified in the field of architecture and 
preservation/maintenance shall be consulted <nl>by the applicant<ol> to 
determine structural soundness and durability and to assure that the 
commemorative work meets high professional standards. Memorials and monuments 
shall be constructed of durable material suitable to the outdoor environment. 
Landscape features shall be compatible with the Capitol grounds master plan. 
   
  <nl>(G) Construction materials must be compatible with the design, historic 
importance, and building materials of the Capitol. Whenever possible, monuments 
shall be constructed of granite, bronze, copper, or compatible materials. 
   
  <nl>(H) The maximum height of any monument shall be 25 feet. 
   
  <nl>(I) The maximum cubic feet of any structure incorporated into a monument 
design shall be 4,000 cubic feet. 
   
  <nl>(J) The maximum site dimension for a proposed monument shall be 24 feet by 
24 feet or 576 square feet. 
   
  <nl>(K) The maximum footprint dimension of any single structure incorporated 
into a proposed monument shall be 20 feet by 20 feet or 400 square feet. 
   
  <nl>(L)<ol>[(G)] Names of donors shall not be permitted on any memorial and/or 
monument. 
   
  <nl>(M)<ol>[(H)] The legislative authority for a memorial and/or monument 
should be reviewed at the end of the five-year period beginning on the date of 
the enactment of such authority, unless an appropriate construction permit by 
the <nl>office <ol> [executive director] of the State Preservation Board for the 
work has been issued within that period. 
   
  <nl>(N)<ol>[(I)] A maintenance contribution of 10% of the total construction 
cost of the memorial and/or monument shall be required. 
     
  (9)  The <nl>office<ol> [executive director] of the State Preservation Board 
shall have review and approval <nl>authority over<ol> [of the construction of 
the memorial or monument. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329515 
  Dealey Herndon 
 Executive Director 
 State Preservation Board 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-5495 
         
             
  13 TAC sec.111.15 
 
  The State Preservation Board proposes an amendment to sec.111.15, concerning 
Rules and Regulations of the Board. The amendment allows the State Preservation 
Board to charge a fee for the use of the Capitol, Capitol Extension, and General 
Land Office Building for preservation of the buildings. 
 Dealy Herndon, executive director, has determined that for the first five-year 
period the section is in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the section. 
 Ms. Herndon also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be that the agency will have met requirements of the Texas 
Government Code, sec.443.007, clearly defining the area under the responsibility 
of the Board. There will be no effect on small businesses. There is no 
anticipated economic cost to persons who are required to comply with the section 
as proposed. 
 Comments on the proposal may be submitted to Lori Kneisly, State Preservation 
Board, P.O. Box 13286, Austin, Texas 78711. 
 The amendment is proposed under the Texas Government Code, Chapter 443, which 
provides the State Preservation Board with the authority to adopt rules 
concerning the buildings, their contents, and their grounds. 
 
 
  sec.111.15. Use of the Capitol for Film or Video Production. 
 
  (a) Definition and approval of film or video production. 
 
  (1) A film or video production is the type of production which uses a film or 
video medium. The rules listed in this section do not apply to [film or video] 
news gathering <nl>by the press. 
   
  (2) All film or video production must be approved by the <nl>office<ol> 
[executive director] of the State Preservation Board. The  <nl>office of the 
State Preservation Board<ol> [executive director] reserves the right to deny use 
of the Capitol for reasons involving security, preservation of the Capitol as a 
national historic landmark, and the appropriateness of the proposed activities. 
A decision will be made after a careful review of the content, purpose, and 
impact on the building. 
   
  (3) Film or video production for commercial advertising purposes is strictly 
prohibited. 
     
  (b) Scheduling of film or video production. 
 
  (1) The <nl>office [executive director] of the State Preservation Board will 
be responsible for scheduling dates. 
   
  (2) All production companies will be required will be required to fill out a 
contact sheet and submit a letter of intent to proceed with production. 
   
  (3) The <nl>office<ol> [executive director] of the State Preservation will 
require production walk-throughs to discuss security, parking, electrical, and 
other special needs. 
   
  (4) All production companies will be required to enter into a location 
agreement which outlines a production schedule, shot-sheet, liability for 
damages and injury, proof of insurance, preparation work, and post-production 
clean-up. 
   
  <nl>(5) The State Preservation Board may charge a fee, in an amount set by the 
executive director, for use of the Capitol, Capitol extension, or General Land 
Office Building. Income from fees under this paragraph shall be used for 
preservation of the buildings. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329514 
  Dealey Herndon 
 Executive Director 
 State Preservation Board 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-5495 
         
             
  13 TAC sec.111.27, sec.111.28 
 
  The State Preservation Board proposes new sec.111.27, and sec.111.28, 
concerning Rules and Regulations of the Board. The new sections establish rules 
concerning general rules for use of the Capitol, Capitol extension, and Capitol 
grounds, and exhibitions and events in the new Capitol extension. 
 Dealey Herndon, executive director, has determined that for the first five-year 
period the sections are in effect there will be no fiscal implications for state 
or local government as a result of enforcing or administering the sections. 
 Ms. Herndon also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be that the agency will have met requirements of the Texas 
Government Code, sec.443.0007, clearly defining the area under the 
responsibility of the Board. There will be no effect on small businesses. There 
is no anticipated economic cost to persons who are required to comply with the 
sections as proposed. 
 Comments on the proposal may be submitted to Lori Kneisly, State Preservation 
Board, P.O. Box 13286, Austin, Texas 78711. 
 The new sections are proposed under the Texas Government Code, Chapter 443, 
which provides State Preservation Board with the authority to adopt rules 
concerning the buildings, their contents, and their grounds. 
 
 
  sec.111.27. General Rules for Use of Capitol, Capitol Extension, and Capitol 
Grounds. 
 
  (a) Visitors and persons using the Capitol, Capitol extension, or Capitol 
grounds for any purpose are prohibited from: 
 
  (1) attaching signs, banners, or other displays to a part of the Capitol or to 
a structure, including a fence, on the grounds of the Capitol except as approved 
by the board; 
   
  (2) placing furniture in the Capitol or on the grounds of the Capitol for a 
period that exceeds 24 hours except as approved by the board; 
   
  (3) setting up or placing camping equipment, shelter, tents, or related 
materials in the Capitol or on the grounds of the Capitol except as approved by 
the board for special events; 
   
  (4)  blocking ingress and egress: 
 
  (A) into the Capitol; or 
   
  (B)  into rooms or hallways within the Capitol, except as approved by the 
board; and 
     
  (5) conducting actions that pose a risk to safety. 
     
  (b)  Visitors and persons using the Capitol, Capitol extension, or Capitol 
grounds for any purposes shall be required to: 
 
  (1) leave the Capitol when the building is closed to the public; and 
   
  (2) restrain pets at all times on a leash or similar device in the immediate 
control of the owner while on the grounds of the Capitol, except as approved by 
the board. All pets except Seeing Eye dogs are not permitted in the Capitol. 
     
  (c) The board may require and collect a standardized deposit from a person or 
entity that uses the Capitol, the Capitol extension, or the grounds of the 
Capitol for an event, exhibit, or other scheduled activity. The deposit is in an 
amount set by the board designed to recover the estimated direct costs to the 
state of the event, exhibit, or activity. The office of the State Preservation 
Board shall set the amounts of deposits required under this section in a uniform 
and nondiscriminatory manner for similar events, exhibits, or other scheduled 
activities. The board may deduct from the deposit: 
 
  (1) the cost of damage to the Capitol, Capitol extension, or grounds of the 
Capitol that directly results from the event, exhibit, or other activity; 
   
  (2)  the costs of extra labor, materials, and utilities directly attributable 
to the event, exhibit, or other activity; and 
   
  (3) the costs of extra security required by the person or entity for the 
event, exhibit, or other activity. 
     
  (d) The office of the State Preservation Board may charge and collect the 
costs as detailed in subsection (c) of this section from a person or entity that 
uses the Capitol, Capitol extension, or the grounds of the Capitol for an event, 
exhibit, or other scheduled activity and that does not post a deposit as 
detailed in subsection (c) of this section. 
   
  (e)  Except as provided by this subsection, the sale or consumption of 
alcoholic beverages, the possession of an open container of an alcoholic 
beverage, or the gift of an alcoholic beverage in an open container or for on-
premises consumption is prohibited in the Capitol, in the Capitol extension, and 
on the Capitol grounds. This prohibition does not apply to: 
 
  (1)  areas not under the control of the board, including offices, reception 
areas, and similar areas under the control of the legislature, a legislative 
agency, the governor, or another state officer; or 
   
  (2) events of significant importance to the history of the Capitol that are 
conducted in areas under control of the board and for which the office of the 
State Preservation Board has approved consumption of alcoholic beverages in 
response to a written request from the sponsor of the event that documents the 
importance of the event to the history of the Capitol. 
     
  (f) The buildings and grounds under the authority of the board shall not be 
used for the commercial benefit of any individual, business, corporation, 
special interest group or other entity. 
   
  (g) For the safety of the public, skateboarding, roller skating, roller 
blading, and related activities are prohibited in the building, garage, and 
grounds under the authority of the State Preservation Board. 
 
     
  sec.111.28. Exhibitions and Events in the Capitol Extension. 
 
  (a) Definitions. The following words and terms, when used in this section, 
shall have the following meanings, unless the context clearly indicates 
otherwise. 
 
  (1) Exhibition-Any display of artwork, including paintings, sculptures, arts 
and crafts; photographs; public service and general interest presentations; and 
historical displays. 
   
  (2)  Event-Any performance, ceremony, or presentation held in the public areas 
of the Capitol. 
   
  (3) Public areas of the Capitol extension-The hallways, entrances, central 
gallery, state seal court, and other areas adjacent to and near the rotunda. 
   
  (4) Public purpose-The promotion of public health, safety, morals, general 
welfare, security, prosperity, and contentment of all of the inhabitants or 
residents within the state, the sovereign powers of which are exercised to 
promote such public purpose or public business. 
   
  (5) State official sponsor-A member of the Texas House of Representatives, a 
Texas Senator, the lieutenant governor, or the Governor. 
     
  (b) Deposit for use of the Capitol extension. 
 
  (1) A deposit is required from persons or entities that use the Capitol 
extension for an event, exhibit, or other scheduled activity. The deposit is an 
amount set by the office of the State Preservation Board designed to recover the 
estimated direct costs to the state from the event, exhibit, or activity. The 
deposit is required in the office of the State Preservation Board no later than 
24 hours prior to the exhibit. The office of the State Preservation Board may 
deduct from the deposit: 
 
  (A) the cost of damage to the Capitol extension or grounds of the Capitol that 
directly results from the event, exhibit, or other activity; 
   
  (B) the costs of extra labor, materials, and utilities directly attributable 
to the event, exhibit, or other activity; and 
   
  (C) the costs of extra security requested by the person or entity for the 
event, exhibit, or other activity. 
       
  (c) Approval of exhibits. 
 
  (1) All Capitol extension exhibits shall be approved and scheduled by the 
office of the State Preservation Board upon the referral from a state official 
sponsor as described in subsection (a)(5) of this section. 
   
  (2) Exhibits considered for display must be for a public purpose as defined in 
subsection (a)(4) of this section. 
   
  (3) Exhibits must be tastefully exhibited. Once erected, the State 
Preservation Board reserves the right to require the exhibitor to make aesthetic 
changes to the exhibit. 
   
  (4) Exhibit space will be assigned based primarily on the size, scope, and 
design of the exhibit. 
   
  (5) Exhibitors must bear all costs of assembling, displaying, and removing 
exhibits. 
   
  (6) All exhibits must be free-standing. Art and photographic exhibits must be 
secured to tripods, backdrops, or free-standing displays. Exhibits may not: 
 
  (A) hang from walls or railings; 
   
  (B) obstruct entrances; 
   
  (C)  interrupt traffic flow through the building; 
     
  (1) ) damage walls, woodwork, or floors; 
 
  (E) obstruct the view of or access to fire fighting equipment or fire alarm 
pull stations; or 
   
  (F) involve the use of any flammable, hazardous, or odorous chemicals or 
materials, torches, or other open-flame illuminating devices or fires. 
     
  (7) Exhibits will not be considered for display in the Capitol extension if 
they: 
 
  (A) feature one individual's artwork for the purpose of commercially 
advertising that person's artwork; 
   
  (B)  promote a commercial enterprise or involve the exchange of money; 
   
  (C)  have no obvious public purpose; or 
   
  (D) have an illegal purpose. 
     
  (8) If other than routine security provided by Capitol police is needed for 
the exhibit, the exhibitor will bear such costs. The State of Texas, the State 
Preservation Board, or the executive director or any employee of the State 
Preservation Board shall not be held liable in case of damage or loss to an 
exhibit while it is on display in the Capitol extension. 
     
  (d)  Scheduling exhibits. 
 
  (1) Exhibits may be displayed for up to five working days. 
   
  (2) The office of the State Preservation Board may extend the display time for 
major exhibitions. 
   
  (3) No more than one exhibit will be approved for display on the same day in a 
designated area of the Capitol extension. 
   
  (4) A written request to display an exhibit must be received by State 
Preservation Board no later than four weeks prior to the first day of the time 
being requested. Exhibitors will be notified of the status of their request 
within two weeks following receipt of the request. 
   
  (5) Requests must be accompanied by: 
 
  (A) a detailed description of the exhibit, including dimensions of the space 
required, and how the exhibit will be displayed; 
   
  (B) a clear photograph of the entire exhibit, preferably as it will be 
displayed. A scale drawing may be submitted in lieu of a photograph if a 
photograph is not available; 
   
  (C) a brief statement of the purpose of the exhibit; and, 
   
  (D) support of a state official sponsor. 
     
  (6) Incomplete requests will not be considered. 
     
  (e) Approval of events. 
 
  (1)  All Capitol extension events shall be approved and scheduled by the State 
Preservation Board upon the referral from a state official sponsor as described 
in subsection (a)(5) of this section. 
   
  (2) Performances, presentations and ceremonies may be held in areas of the 
Capitol extension deemed appropriate by the office of the State Preservation 
Board. 
   
  (3)  An event should not exceed 45 minutes in length. 
   
  (4) Events will not be approved if they: 
 
  (A) have no obvious public purpose; 
   
  (B)  promote a commercial enterprise; 
   
  (C) obstruct entrances or interrupt traffic flow through the building; 
   
  (D) have the potential of damaging walls, woodwork, or floors; 
   
  (E) obstruct the view of or access to fire fighting equipment or fire alarm 
pull stations; 
   
  (F)  involve the use of any flammable, hazardous, or odorous chemicals or 
materials, torches, or other open-flame illuminating devices or fires or are 
determined to be a fire hazard by the Capitol fire marshal; or 
   
  (G) involve use of signs or placards attached to objects that might cause 
damage to the building or its contents. 
     
  (5) Intended use may not interfere with any legislative session or regular use 
of the Capitol extension for transaction of state business. 
   
  (6) Sound equipment, chairs, podiums, or other equipment ordinarily required 
for ceremonies, presentations, or performances may be used only with prior 
approval by the office of the State Preservation Board, and shall be furnished 
by the requesting party. 
   
  (7) The State of Texas, the State Preservation Board and the executive 
director or any employees of the State Preservation Board are not liable for any 
injury which may occur to any person during performances in the Capitol 
extension. 
   
  (8) All art and photographic exhibits, such as banners, streamers, or posters, 
used during an event, must be on free-standing displays, backdrops, or tripods. 
Such materials may not be hung from walls or railings. 
   
  (9) Fund-raising on the premises is not allowed unless the fund-raising 
directly benefits the Capitol or unless it is part of the gubernatorial 
inaugural, or a similar event approved by the board, and the funds are used to 
help defray the costs of the event. 
   
  (10) With the exception of businesses authorized by the State Preservation 
Board to operate in the Capitol, vendors or the promotion of a commercial 
enterprise involving the exchange of money are prohibited. 
     
  (f)  Scheduling of events. 
 
  (1) No more than two events will be scheduled for the Capitol extension in one 
working day. Events will be scheduled to avoid interference with the business of 
the state as well as other scheduled events or exhibits. 
   
  (2) A written request to schedule an event in the Capitol extension must be 
received by the office of the State Preservation Board no later than four weeks 
before the date requested. Those requesting to schedule an event will be 
notified of the status of their request within two weeks following the receipt 
of the request. 
   
  (3)  Requests must be accompanied by: 
 
  (A) a referral from the sponsoring state representative, senator, the 
lieutenant governor, or the governor; 
   
  (B) a detailed description of the event, including equipment and props to be 
used and anticipated length and scope; 
   
  (C)  a brief statement of the purpose of the event; 
   
  (D) the area(s) in the Capitol extension being requested for the event; and 
   
  (E) a list of all electrical equipment and power requirements for each piece 
of equipment. 
     
  (4) Incomplete requests will not be considered. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329512 
  Dealey Herndon 
 Executive Director 
 State Preservation Board 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-5495 
         
                   
  TITLE 16. ECONOMIC REGULATION 
 Part I. Railroad Commission of Texas 
  Chapter 5. Transportation Division 
  
  16 TAC sec.5.582 
 
  The Railroad Commission of Texas proposes an amendment to sec.5.582, 
concerning Base Rates, Deviations, and Suspensions. The amendment is proposed 
pursuant to a petition from the Common Carrier Motor Freight Association, Inc. 
The amendment will allow motor carriers, other than specialized motor carriers 
and contract carriers subject to commission tariffs for specialized commodities, 
to deviate as much as 5.0% above or below commission established base rates for 
shipments weighing 500 pounds or less. 
 Jackye S. Greenlee, assistant director, Central Operations, has determined that 
for the first five-year period the section is in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the section. 
 John S. Teer, hearings examiner, has determined that for each year of the first 
five years the section is in effect the public benefit anticipated as a result 
of enforcing the section will be accelerated rate changes and enhanced free 
market competition. Small businesses will not be affected as a result of the 
proposed section. Since the deviation is discretionary, not required, there is 
no manner in which to calculate economic cost to individuals. 
 Comments may be submitted to John S. Teer, Hearings Examiner, Legal Division, 
Railroad Commission of Texas, P.O. Box 12967, Austin, Texas 78711-2967. Comments 
will be accepted for 30 days after publication in the Texas Register. 
 The amendment is proposed under the Texas Motor Carrier Act, Texas Civil 
Statutes, Article 911b, sec.4(a), which vest the commission with power and 
authority to prescribe all rules and regulations necessary for the government of 
motor carriers and for the safety of operations of motor carriers, and to 
supervise and regulate motor carriers in all matters affecting the relationship 
between such carriers and the shipping public. 
 The following statute is affected by this rule: Texas Civil Statutes, Article 
911b. 
 
 
  sec.5.582. Deviations From Base Rates. 
 
  (a) Motor carriers (other than specialized motor carriers and other than 
contract carriers subject to commission-prescribed tariffs governing 
transportation of specialized commodities) shall be permitted to deviate from 
prescribed base rates or charges [on shipments weighing in excess of 500 pounds] 
in accordance with the provisions of this section. Motor bus companies shall be 
permitted to deviate from prescribed base rates, fares, or charges for the 
transportation of passengers in accordance with the provisions of this section. 
No deviation from any base rate, fare, or charge shall be permitted except in 
accordance with the provisions of this section and sec.5.587 of this title 
(relating to Base Rate Deviation Procedures). 
   
  (b) Subject to the provisions of subsection (g) of this section, motor 
carriers (other than specialized motor carriers and other than contract carriers 
subject to commission-prescribed tariffs governing transportation of specialized 
commodities) shall be permitted to deviate by an amount not to exceed 5.0% above 
or below the applicable base rate or charge for shipments of general commodities 
weighing [from 501 to] 9,999 pounds  <nl>or less. 
   
  (c)-(f) (No change.) 
   
  (g) For shipments of general commodities weighing [from 501-] 9,999 pounds 
<nl>or less,<ol> which occupy the full visible capacity of the trailer, motor 
carriers (other than specialized motor carriers and other than contract carriers 
subject to commission-prescribed tariffs governing transportation of specialized 
commodities) shall be permitted to deviate by an amount not to exceed 25% above 
or below the applicable base rate. 
   
  (h)-(i) (No change.) 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329546 
  Mary Ross McDonald 
 Assistant Director, Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-7094 
         
             Chapter 9. Liquefied Petroleum Gas Division 
  
  Subchapter A. General Applicability and Requirements 
 
  16 TAC sec.9.19 
 
  The Railroad Commission of Texas proposes an amendment to sec.9.19, relating 
to insurance requirements. 
 The Commission proposes the amendment to implement House Bill 2007, 73rd 
Legislature, 1993, which allows LP-gas licensees to submit alternative accident 
and health insurance coverage as a substitute for workers' compensation 
insurance effective September 1, 1993. House Bill 2007 also provides for a state 
agency or institution, county, municipality, school district, or other 
governmental subdivision to substitute self-insurance for workers' compensation 
and general liability and/or motor vehicle liability insurance as authorized by 
Texas Civil Statutes, Article 8309h. 
 The amendment adds language that allows for accident and health insurance 
coverage for medical expenses in the principal amount of not less than $150, 
000; accidental death benefits in the principal amount of not less than $100, 
000; loss of limb or sight on a scale based on the principal amount of not less 
than $100,000; and loss of income based on not less than 60% of the employee's 
pre-injury income for not less than 52 weeks, subject to a maximum weekly 
benefit equal to the average weekly wage calculated annually by the Texas 
Employment Commission (currently $460 weekly). 
 The amendment also adds language that allows a state agency or institution, 
county, municipality, school district, or other governmental subdivision to 
substitute self-insurance for workers' compensation and general liability and/or 
motor vehicle liability insurance as authorized by the Texas Workers' 
Compensation Act and Texas Civil Statutes, Article 8309h, by filing an LP-Gas 
Form 995, Certification of Political Subdivision of Self-Insurance for Workers' 
Compensation, General Liability, and/or Motor Vehicle Liability Insurance, as 
evidence of self-insurance. 
 Thomas D. Petru, director, Liquefied Petroleum Gas Division, has determined 
that for the first five-year period the section is in effect there will be 
fiscal implications for state or local government or small businesses as a 
result of enforcing or administering these section. The fiscal implications will 
vary, depending on the individual licensee's workers' compensation experience 
rating, total annual salaries, and any credits or deviation from established 
rates to which the company may be entitled. Based on an average number of six 
employees, an LP-gas licensee could save approximately $898 per month by 
providing accident and health insurance as opposed to workers' compensation 
coverage. This amount is based on the current rate for workers' compensation 
insurance with no credits or deviation from the rate (benchmark rate) per $100 
of salary and total annual salaries of $120,000. 
 Self-insurance by state or local government has not been an option in the past. 
There will be a fiscal impact on state or local government, however, the amount 
of that impact is impossible to determine at this time. 
 Mr. Petru also has determined that for each year of the first five years the 
section is in effect the public benefit anticipated as a result of enforcing the 
section will be an increase in compliance due to more clearly understandable 
rules and an increase in safety afforded to the general public due to the 
updated and revised safety requirements. Because accident and health insurance 
is an option and not a requirement, it is not possible to determine if there is 
an anticipated economic costs to persons choosing to comply with the proposed 
section. 
 Comments on the proposal may be submitted to Thomas D. Petru, Director, 
Liquefied Petroleum Gas Division, Railroad Commission of Texas, P.O. Box 12967, 
Austin, Texas 78711-2967. Comments will be accepted for 15 days after 
publication in the Texas Register. 
 The amendment is proposed under the Texas Natural Resources Code, sec.113. 051, 
which authorizes the Railroad Commission of Texas to promulgate rules and 
standards related to the LP-gas industry and its operations, which will protect 
or tend to protect the health, safety, and welfare of the general public; and  
s113.097, as amended by House Bill 2007, 73rd Legislature, 1993. 
 
 
  sec.9.19. Insurance Requirements. 
 
  (a)-(c) (No change.) 
   
  (d) A licensee or applicant for a license that does not employ or contemplate 
employing any employee in LP-gas related activities may file LPG Form 996B in 
lieu of a certificate of workers' compensation, including employers liability 
insurance <nl>or alternative accident and health insurance coverage <ol>. The 
licensee or applicant for license must file the required insurance certificate 
with the commission before hiring any person as a dealership employee. 
   
  (e)-(g) (No change.) 
   
  <nl>(h)  Notwithstanding the requirements specified in Table 1 of this section 
that each licensee carry a policy of workers' compensation insurance, the 
licensee may protect its employees by obtaining accident and health insurance 
coverage from an insurance company authorized to write such policies in this 
state as an alternative to workers' compensation coverage. The alternative 
coverage shall be in the amounts specified in Table 1 of this section. 
   
  <nl>(i)  A state agency or institution, county, municipality, school district, 
or other governmental subdivision may meet the requirements of this section for 
workers' compensation coverage by submitting an LPG Form 995 as evidence of 
self-insurance, if permitted by the state workers' compensation act and Texas 
Revised Civil Statutes, Article 8309h, to the commission. 
   
  <nl>(j) A state agency or institution, county, municipality, school district, 
or other governmental subdivision may meet the requirements relating to general 
liability and/or motor vehicle liability insurance by submitting an LPG Form 995 
as evidence of self-insurance coverage if permitted by Texas Revised Civil 
Statutes, Article 8309h. 
 
  
   
  
   
  [graphic] 
         
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329550 
  Mary Ross McDonald 
 Assistant Director, Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-6949 
         
         Chapter 13. Regulations for Compressed Natural Gas (CNG) Fuel Systems 
  
  Subchapter D. Compressed Natural Gas Compression, Storage, and Dispensing 
System 
 
  16 TAC sec.13.62, sec.13.63 
 
  The Railroad Commission of Texas proposes amendments to  s13.62 and sec.13.63, 
concerning Insurance Requirements; Qualification as Self-insured. 
 The commission proposes the amendments to implement Senate Bill 576, 73rd 
Legislature, 1993, which allows Compressed Natural Gas (CNG) licensees to submit 
alternative accident and health insurance coverage as a substitute for workers' 
compensation insurance effective September 1, 1993. Senate Bill 576 also 
provides for a state agency or institution, county, municipality, school 
district, or other governmental subdivision to substitute self-insurance for 
workers' compensation and general liability and/or motor vehicle liability 
insurance as authorized by Texas Civil Statutes, Article 8309h. 
 The amendments add language that allows for accident and health insurance 
coverage for medical expenses in the principal amount of not less than $150, 
000; accidental death benefits in the principal amount of not less than $100, 
000; loss of limb or sight on a scale based on the principal amount of not less 
than $100,000; and loss of income based on not less than 60% of the employee's 
pre-injury income for not less than 52 weeks, subject to a maximum weekly 
benefit equal to the average weekly wage calculated annually by the Texas 
Employment Commission (currently $460 weekly). 
 The amendments also add language that allows a state agency or institution, 
county, municipality, school district, or other governmental subdivision to 
substitute self-insurance for workers' compensation and general liability and/or 
motor vehicle liability insurance as authorized by the Texas Workers' 
Compensation Act, Texas Civil Statutes, Article 8309h, by filing a CNG Form 
1995, Certification of Political Subdivision of Self-Insurance for Workers' 
Compensation, General Liability, and/or Motor Vehicle Liability Insurance, as 
evidence of self-insurance. 
 Thomas D. Petru, director, Liquefied Petroleum Gas Division, has determined 
that for the first five-year period the sections are in effect there will be 
fiscal implications for state or local government or small businesses as a 
result of enforcing or administering these sections. The fiscal implications 
will vary, depending on the individual licensee's workers' compensation 
experience rating, total annual salaries, and any credits or deviation from 
established rates to which the company may be entitled. Based on an average 
number of six employees, a CNG licensee could be expected to save approximately 
$898 per month by providing accident and health insurance as opposed to workers' 
compensation coverage. This amount is based on the current rate for workers' 
compensation insurance with no credits or deviation from the rate (benchmark 
rate) per $100 of salary and total annual salaries of $120,000. 
 Self-insurance by state or local government has not been an option in the past. 
There will be a fiscal impact on state or local government, however, the amount 
of that impact is impossible to determine at this time. 
 Mr. Petru also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be an increase in compliance due to more clearly 
understandable rules and an increase in safety afforded to the general public 
due to the updated and revised safety requirements. Because accident and health 
insurance in lieu of workers's compensation coverage is an option and not a 
requirement, it is not possible to determine if there is an anticipated economic 
cost to persons choosing to comply with the proposed sections. 
 Comments on the proposal may be submitted to Thomas D. Petru, Director, 
Liquefied Petroleum Gas Division, Railroad Commission of Texas, P.O. Box 12967, 
Austin, Texas 78711-2967. Comments will be accepted for 15 days after 
publication in the Texas Register. 
 The amendments are proposed under the Texas Natural Resources Code, sec.116. 
012, which authorizes the Railroad Commission of Texas to promulgate rules and 
standards related to the Compressed Natural Gas industry and its operations, 
which will protect or tend to protect the health, safety and welfare of the 
general public; and sec.116.036, as amended by Senate Bill 576, 73rd 
Legislature, 1993. 
 
 
  sec.13.62. Insurance Requirements. 
 
  (a)-(d) (No change.) 
   
  <nl>(e) Notwithstanding the requirement specified in Table 1 of this section 
that each licensee carry a policy of workers' compensation insurance, the 
licensee may protect its employees by obtaining accidental insurance coverage 
from an insurance company authorized to write such policies in this state as an 
alternative to workers' compensation coverage. The alternative coverage shall be 
in the amounts specified in Table 1 of this section. 
   
  <nl>(f) A state agency or institution, county, municipality, school district, 
or other governmental subdivision may meet the requirements relating to workers' 
compensation coverage by submitting evidence of self-insurance that complies 
with the requirements of sec.13.63 of this title (relating to Qualification as 
Self-Insured). 
   
  <nl>(g) A state agency or institution, county, municipality, school district, 
or other governmental subdivision may meet the requirements relating to general 
liability and/or motor vehicle liability insurance by submitting evidence of 
self-insurance that complies with the requirements of sec.13.63 of this title 
(relating to Qualification as Self-Insured). 
 
     
  sec.13.63. Qualification as Self-Insured. 
 
  (a)-(f) (No change.) 
   
  <nl>(g) A state agency or institution, county, municipality, school district, 
or other governmental subdivision may meet the requirements for workers' 
compensation coverage of  s13.62 of this title (relating to Insurance 
Requirements) by submitting evidence of self-insurance permitted by the state 
workers' compensation act by submitting a CNG Form 1995 to the commission. 
   
  <nl>(h) A state agency or institution, county, municipality, school district, 
or other governmental subdivision may meet the requirements for general 
liability and/or motor vehicle liability insurance in  s13.62 of this title 
(relating to Insurance Requirements) by submitting a CNG Form 1995 as evidence 
of self-insurance coverage if permitted by Texas Civil Statutes, Article 8390h. 
 
  
   
  
   
  [graphic] 
         
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329549 
  Mary Ross McDonald 
 Assistant Director, Legal Division-Gas Utilities/LP Gas 
 Railroad Commission of Texas 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-6949 
         
             
  TITLE 30. ENVIRONMENTAL QUALITY 
 Part I. Texas Natural Resource Conservation Commission 
  Chapter 295. Water Rights, Procedural 
  
  Subchapter B. Water Use Permit Fees 
 
  sec.sec.295.132-295.134, 295.138, 295.139 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes amendments 
to sec.sec.295.132-295.134, and 295.138, and 295.139, concerning the assessment 
of fees associated with applications for new and amended water rights. The 
purpose of the amendments is to reflect recent changes in the law regarding the 
maximum fees which may be assessed for such applications. 
 The previous fee structure established by statute did not cover the 
administrative costs associated with processing permit applications. 
Miscellaneous applications and petitions are subject to a filing fee authorized 
under the Texas Water Code, sec.5.235. The amount of the fee can be adjusted in 
the General Appropriations Act under the provisions of Government Code, Chapter 
316, Subchapter E. Under the current appropriations bill for the 1992-1993 
biennium, House Bill 1, Acts of the 72nd Legislature, First Called Session, 
1991, the application fees authorized under the Texas Water Code sec.5. 235 (b)-
(c) are to be set in an amount to recover costs, but not to exceed $2, 000. The 
same maximum rate is authorized for the 1994-1995 biennium under the provisions 
of Senate Bill 5, Acts of the 73rd Legislature, 1993. Additionally, House Bill 
2605, Acts of the 73rd Legislature, 1993 amended the Texas Water Code, 
sec.5.235, to authorize increases in one-time use fees which may be assessed for 
an application for a new or amended water right. Specifically, it raises the 
maximum amount which may be levied from $25,000 to $50,000 for one use of water 
and allows an increase in the maximum fee for any additional use of water from 
$5,000 to $10,000. The bill also provides that if the application fee is more 
than $1,000, the applicant may pay one-half of the fee when the application is 
filed and the remaining half within 180 days of notification that the 
application has been granted. 
 Pursuant to House Bill 1, the proposed change to sec.295.132 would replace the 
current $100 application filing fee with a variable filing fee based upon the 
total amount of water requested for appropriation. The minimum filing fee is 
proposed to be $100 and the maximum to be $2,000. 
 Additionally, the TNRCC is establishing a separate variable application fee for 
temporary permits which will be either $100 for the appropriation of water 
amounting to less than 10 acre-feet or $250 when the total amount of water is 
equal to or greater than 10 acre-feet. 
 The application filing fee to amend a water right is proposed to be $100 for 
each recorded and separately numbered water right. The TNRCC is also proposing 
to clarify the recording fee of $1.25 per page of the application. Finally, the 
proposed amendments would clarify that the applicant must pay the entire cost of 
mailing notice to affected persons in the applicable river basin. 
 In accordance with House Bill 2605, sec.295.133 and sec.295.134 of the 
commission rules would be amended to authorize increases in one-time use fees 
which may be assessed for an application for a new or amended water right. 
Specifically, the maximum amount which may be levied would be increased from 
$25,000 to $50,000 for one use of water. Additionally, the proposed amendment 
would also increase the maximum fee for any additional use of water from $5, 000 
to $10,000. Finally, the proposed changes would provide that if the application 
fee is more than $1,000, the applicant shall pay at least one-half of the fee 
when the application is filed and the remainder within 180 days from 
notification that the application has been granted. 
 Also pursuant to House Bill 1, the proposed amendments to sec.295.134 and 
sec.295.138 would set the maximum fee for extensions of time to commence or 
complete construction at $1,000. 
 Finally the proposed amendments to sec.295.139 would provide for the assessment 
of a $100 recording fee for a change in ownership of a water right. A companion 
proposed rule amending sec.297.83 would require the submission of a specific 
water right ownership transfer form and filing fee in addition to the certified 
copies of the recorded instruments evidencing a water right ownership transfer. 
 Stephen Minick, Division of Budget and Planning, has determined that for the 
first five years these rules are in effect, there will be fiscal implications as 
a result of enforcement and administration of the rules. The effect on state 
government will be an increase in revenue of approximately $100,000 per year in 
each of the fiscal years 1994-1998. The effects on applicants for water rights 
will vary with the amount of water requested to be appropriated, up to a maximum 
of $2,000 for an amount greater than 250,000 acre-feet. The projected increase 
in application fees is anticipated to be less than $500 for 95% of all 
applicants. 
 One-time water use fees will increase for the larger permits due to increases 
in the maximum fees authorized. The exact effects cannot be estimated, but in no 
event will the maximum use-fee increase by more than $25, 000 for a permit for 
one use of water, and by no more than $5,000 for any additional use. 
 These rules will have fiscal implications for local governments making 
application for use of state water equivalent to those of any other applicant. 
 Mr. Minick also has determined that for the first five years these rules are in 
effect the public benefit anticipated as a result of enforcement of a compliance 
with the rules will be maintenance of funding for processing of applications for 
use of state water and more efficient and thorough review and action on 
applications for new and amended water rights. Small businesses will be affected 
in the same manner and to the same extent as any larger concern making 
application for use of water. The effects will vary proportionately with the 
amount of water to be appropriated. The large majority of water use permit 
applicants will not be affected by the increase in maximum water use fee. No 
more than 5.0% of the future permits are anticipated to appropriate sufficient 
water to result in assessments in excess of the current maximum fees. 
 Written comments on the proposed amendments may be submitted to Mark Jordan, 
Director, Water Policy Division, Texas Natural Resources Conservation 
Commission, P.O. Box 13087, Austin, Texas 78711-3087 (512) 475-2201. To be 
considered, comments must be received within 30 days from the date of 
publication of these rules and not later than 5:00 p.m. on the 30th day. 
 The amendments to these sections are proposed under the Texas Water Code, 
sec.sec.5.103, 5.105, and 5.120, which provide the commission with the authority 
to promulgate rules as necessary to carry out its powers and duties under the 
Texas Water Code and other laws of the state. 
 
 
  sec.295.132. Filing, Recording, and Notice Fees. 
 
  (a) The following fees shall be submitted with any application for a water use 
permit<nl>, any application for a water right amendment, or any application for 
an extension of time to commence or complete construction: 
 
  (1)  <nl>Application filing fees are established as follows: <ol> [Filing 
Fee... .................$100] 
 
  <nl>(A) Fees for a water use permit or an application for extension of time to 
begin or complete construction shall be based upon the total amount of water 
requested to be appropriated for impoundment and diversion as follows: 
 
  <nl>(i)<nl> less than 100 acre-feet-$100; 
   
  <nl>(ii)<nl> 100-5,000 acre-feet -$250; 
   
  <nl>(iii)<nl> 5,001-10,000 acre-feet -$500; 
   
  <nl>(iv) <nl> 10,001-250,000 acre-feet-$1,000; and 
   
  <nl>(v) <nl> greater than 250,000 acre-feet-$2,000. 
     
  <nl>(B) Fees for a temporary permit shall be based upon the total amount of 
water requested for impoundment and diversion as follows: 
 
  <nl>(i)<nl> ten acre-feet or less-$100; and 
   
  <nl>(ii)<nl> greater than 10 acre-feet-$250. 
     
  <nl>(C) Fees to amend a water right are $100 per numbered water right 
requested to be amended, including combination amendments. 
     
  (2)  Recording <nl>fees are $1.25 per page of the application. <ol> 
[Fee........ .........$1.25 per page] 
   
  (3) Notice Fee. The cost of mailing notice to persons in the affected river 
basin varies. <nl>The applicant shall pay the total cost of mailing notice and 
the<ol> [The] executive director will advise the applicant of the number of 
persons to whom notice is mailed and the  <nl>total<ol> mailing cost. [The 
applicant shall pay such mailing cost.] 
     
  (b)-(c) (No change.) 
 
     
  sec.295.133. One-Time Use Fees. 
 
  (a) In addition to the filing, recording, and notice fees stated in 
sec.295.132 of this title (relating to Filing, Notice, and Recording Fees), the 
following use fees shall be submitted at the time an application for an 
appropriation is made: 
 
  (1) (No change.) 
   
  (2) for the impoundment of state water, except under the Texas Water Code, 
sec.11.142 and <nl>sec.11.1431 <ol> [11.1421], a fee of $.50 per acre-foot of 
storage; however, if the applicant seeks to impound water in an on-channel 
reservoir for in-place recreational purposes, the fee is $1.00 per acre-foot of 
storage (storage is based on the total holding capacity of the reservoir at 
normal maximum operating level); 
   
  (3)-(4) (No change.) 
     
  (b) If the total fee for a permit exceeds $1,000, the applicant shall pay at 
least <nl>one-half<ol> [one-tenth] of the use fee when the application is filed, 
<nl>and one-half <ol> [one-tenth] within  <nl>180<ol> [30] days after notice is 
mailed to the applicant that the permit is granted [, and the balance before the 
applicant begins to use state water under the permit]. If the applicant does not 
pay all of the amount owed before beginning to use state water under the permit, 
the permit is annulled and reverts to the status of a pending, filed application 
requiring notice, the payment of notice fees, and the balance of the use fees. 
 
     
  sec.295.134. Maximum Fees. <ol> A fee under sec.295.133 of this title 
(relating to One-Time Use Fees) for one use of state water under a permit from 
the commission shall not exceed <nl>$50,000 <ol> [$25,000]. The fee for each 
additional use of water under a permit for which the maximum fee is paid shall 
not exceed <nl>$10,000<ol> [$5,000]. Temporary water permit use fees under 
sec.295.133 of this title (relating to One-Time Use Fees) shall not exceed $500. 
<nl>The fee for any application for extension of time to commence or complete 
construction under sec.295.133 of this title (relating to One-Time Use Fees) 
shall not exceed $1,000. 
 
   
  sec.295.138. Extension of Time To Commence or Complete Construction.  When 
notice of an application to extend time for commencement or completion of 
construction is required, the applicant shall pay fees [not to exceed $1,000 
apportioned] as follows: 
 
  (1)-(2) (No change.) 
   
  (3)  Extension fee, to be equivalent to one-time use fees<nl>, not to exceed 
$1,000,<ol> established under sec.295.134 of this title (relating to Maximum 
Fees). 
 
     
  sec.295.139. Miscellaneous Fees. 
 
  (a)-(c) (No change.) 
   
  <nl>(d) The ownership recording fee for changing the commission ownership 
records of water rights shall be $100 for each numbered water right. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329509 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Natural Resource Conservation Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-8069 
         
               Chapter 297. Water Rights, Substantive 
  
  Subchapter H. Conveyances of Land and Water Rights 
 
  30 TAC sec.297.83 
 
  The Texas Natural Resource Conservation Commission (TNRCC) proposes an 
amendment to sec.297.83, concerning the requirement to submit evidence about 
conveyance of water rights. The proposed rule requires that a water right holder 
submit a change of ownership form and an ownership recording fee when submitting 
written instruments evidencing a water right ownership transfer. This proposal 
is a companion to changes proposed for Chapter 295. 
 Currently, the Commission does not charge a fee to record the transfer of water 
right ownerships. The legislature is encouraging agencies to recover the cost, 
or at least some of the cost, of permitting programs by imposing application 
fees. This proposed rule establishes a modest fee to recover some of the costs 
associated with maintaining an accurate account of water rights in the state of 
Texas. Miscellaneous applications and petitions are subject to a filing fee 
authorized under the Texas Water Code, sec.5.235. The amount of the fee can be 
adjusted in the General Appropriations Act under the provisions of Government 
Code, Chapter 316, Subchapter E. Under the current appropriations bill for the 
1992-1993 biennium, House Bill 1, Acts of the 72nd Legislature, First Called 
Session, 1991, the application fees authorized under the Texas Water Code, 
sec.5.235(b)-(c) are to be set in an amount to recover costs, but not to exceed 
$2,000. The same maximum rate is authorized for the 1994-1995 biennium under the 
provisions of Senate Bill 5, Acts of the 73rd Legislature, 1993. 
 Stephen Minick, division of budget and planning, has determined that for the 
first five years these rules are in effect, there will be fiscal implications as 
a result of enforcement and administration of the rules. The effect on state 
government will be an increase in revenue of approximately $25, 000 per year in 
each of the fiscal years 1994-1998. The effect on local governments will be 
equivalent cost for an ownership transfer. 
 Mr. Minick also has determined that for the first five years these rules are in 
effect the public benefit anticipated as a result of enforcement of and 
compliance with the rules will be maintenance of funding for processing of 
applications for use of state water and more efficient and thorough review and 
action on applications for new and amended water rights. Small businesses will 
be affected in the same manner and to the same extent as any larger concern. The 
effects on the holders of water rights transferring ownership of the rights will 
be a cost of $100. 
 Written comments on the proposed amendments may be submitted to Kerrie 
Qualtrough, Staff Attorney, Legal Services Division, Texas Natural Resources 
Conservation Commission, P.O. Box 13087, Austin, Texas 78711-3087 (512) 463-
8069. Comments will be accepted until 5:00 p.m., 30 days following the 
publication of the proposal. 
 The amended section is proposed under the Texas Water Code, sec.sec.5.103, 5. 
105, and 5.120, which provides the Texas Natural Resource Conservation 
Commission with the authority to adopt any rules necessary to carry out its 
powers and duties under the Code and all other laws of the State of Texas and to 
establish and approve all general policy of the Commission. 
 
 
  sec.297.83. Recording Conveyances of Water Rights. The written instrument 
evidencing a water right ownership transfer shall be recorded in the office of 
the county clerk. Certified copies or photocopies of the recorded instruments 
establishing the complete chain of title between owners of record and the new 
owner shall be filed with the executive director <nl>along with a completed 
"Change of Ownership" form and an ownership recording fee as required by 
sec.295.139(d) of this title (relating to Miscellaneous Fees). 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 28, 1993. 
 TRD-9329508 
  Mary Ruth Holder 
 Director, Legal Division 
 Texas Natural Resource Conservation Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 463-8069 
         
                 
  TITLE 37. PUBLIC SAFETY AND CORRECTIONS 
 Part II. Texas Youth Commission 
  Chapter 85. Admission and Placement 
  
  Placement Planning 
 
  37 TAC sec.sec.85.23, 85.31, 85.43 
 
  The Texas Youth Commission (TYC) proposes amendments to  s85.23, concerning 
classification; sec.85.31, concerning home placement; and sec.85.43, concerning 
interstate compact for TYC youth. The amendment to sec.85.23 add the term 
"Federal Offenses," add an item to the Type B Classification which would allow 
for movement to higher restriction for involvement in a riot in a TYC facility, 
and make a change which allows for reclassification of a TYC youth for an act 
leading to injury of a TYC employee. The Amendment to sec.85.31 adds that the 
home evaluation process be applied to all youth properly referred to parole 
officers through the Texas interstate compact on juveniles office (ICJ); and the 
amendment to sec.85.43 clarifies how the TYC office provides services for youth 
sent between states. 
 John Franks, director of fiscal affairs, has determined that for each year of 
the first five years the sections are in effect there will be no fiscal 
implications for state or local government as a result of enforcing or 
administering the sections. 
 Mr. Franks also has determined that for each year of the first five years the 
sections are in effect the public benefit anticipated as a result of enforcing 
the sections will be a more efficient classification system for your committeed 
to TYC and a more efficient system of providing services through the Texas 
interstate compact on juveniles office for youth who are sent between states. 
There will be no effect on small businesses. There is no anticipated economic 
cost to persons who are required to comply with the sections as proposed. 
 Comments on the proposal may be submitted to Gail Graham, Policy and Manuals 
Coordinator, Texas Youth Commission, 4900 North Lamar Boulevard, P.O. Box 4260, 
Austin, Texas 78765. 
 The amendments are proposed under the Human Resources Code, sec.61.034, which 
provides the Texas Youth Commission with the authority to make rules appropriate 
to the proper accomplishment of its functions. 
 
 
  sec.85.23. Classification. 
 
  (a) (No change.) 
   
  (b) Explanation of term used. 
 
  (1)-(3) (No change.) 
   
  <nl>(4) Federal Offenses. If a committing and/or classifying offense is a 
violation of a federal statute, the offense will be treated as a violation of a 
state statute which prohibits the same conduct as the relevant federal statute. 
Federal violations will be identified by the code number assigned to the 
corresponding substantive state statute preceded by an "F". 
     
  (c) Rules. 
 
  (1) Classifications. 
 
  (A)-(B) (No change.) 
   
  (C) Type B-violent offender. A Type B violent offender is a youth whose 
classifying offense is the commission, attempted commission, conspiracy to 
commit, or solicitation of one of the offenses listed in this subparagraph and 
who has not been sentenced to commitment in TYC. TYC adopts the Texas Penal Code 
definition (Titles 5 and 7) for each offense in clauses (i)-(xvii) of this 
subparagraph in its entirety except where TYC policy limits the applicability to 
specific subsections or under the conditions named. 
 
  (i)-(xvii) (No change.) 
   
  <nl>(xviii)<nl> intentionally participating with six or more persons in 
conduct at a TYC facility that endangers persons or property and substantially 
obstructs the performance of facility operations; 
   
  [(xviii)]<nl>(xix)<nl> intentionally or<ol> [,] knowingly, [or recklessly] 
causing bodily injury to a TYC staff member [if the assault:] 
 
  [(I) is incident to and in furtherance of an escape; or] 
   
  [(II) involves the use of a deadly weapon; or] 
   
  [(III) causes serious bodily injury; or 
   
  [(IV) appears from evidence to have been the result of planning; or] 
   
  (V) appears from evidence to have been the result of concerted action by more 
than one [youth; or] 
   
  [(VI) is deliberate, unprovoked, and causes bodily injury requiring medical 
attention]. 
       
  (D)-(H) (No change.) 
     
  (2)-(3) (No change.) 
 
       
  sec.85.31. Home Placement. 
 
  (a) Policy. 
 
  (1)-(3) (No change.) 
   
  <nl>(4) The home evaluation process is applied to all youth properly referred 
to parole officers through the Texas Interstate Compact on Juveniles (ICJ) 
Office. 
     
  (b) Rules. 
 
  (1)-(7) (No change.) 
   
  <nl>(8) Interstate. The ICJ Office electronically sends notification of new 
interstate case assignment to the receiving parole officer the same day that the 
referral is mailed to the receiving parole officer from the ICJ Office. From 
date of notification, the parole officer completes initial home evaluations for 
100% of interstate cases and makes recommendations for placement within 21 days. 
An interstate case cannot be rejected: 
 
  <nl>(A) when the proposed placement is with a custodial parent; 
   
  <nl>(B) on the basis that the youth is over age 17. The age at which persons 
are considered adults by criminal law in the receiving state should be mentioned 
in the home investigation but supervision cannot be rejected based solely on 
aged; or 
   
  <nl>(C) on the basis that the offense is not considered delinquent conduct in 
Texas. 
 
         
  sec.85.43. Interstate Compact for TYC Youth. 
 
  (a) (No change.) 
   
  (b) Rules. 
 
  (1) Article VII-<nl>Cooperative<ol> [Courtesy] Supervision-Other States 
Supervising TYC Youth. 
 
  (A) All requests for <nl>cooperative<ol> [courtesy] supervision must be 
submitted to the ICJ office in triplicate. A referral consists of: 
 
  (i) ICJ Forms I-A, IV, VI; 
   
  (ii) signed individual case plan (ICP); 
   
  (iii) Common Application, CCF-002; 
   
  (iv) treatment plans; 
   
  (v) social history; 
   
  (vi) school records; 
   
  (vii) medical records; 
   
  (viii) commitment order; 
   
  (ix) order of adjudication; 
   
  (x) pre-disposition report; 
   
  (xi) updated psychological report<nl>; and 
   
  (xii) Youth's Consent for Disclosure to Persons Other Than Parents or Juvenile 
Court Officials, LS-24. 
     
  (B) All requests for <nl>cooperative<ol> [courtesy] supervision will be 
submitted to the ICJ office at least six weeks prior to projected release date. 
This allows the receiving state adequate time to complete a home investigation. 
   
  (C) Upon acceptance, the sending institutional or field staff notifies the 
committing judge and district attorney of out-of-state placement, CCF-181, 
Notification to Juvenile Court. The sending staff coordinates the necessary 
travel arrangements. 
   
  (D) The institutional placement coordinator or field staff sends to the ICJ 
office <nl>at least seven days<ol> prior to youth being sent to the other state 
<nl>the arrival packet in triplicate. The arrival packet consists of: 
 
  (i) ICJ Form V; 
   
  (ii) school transcripts and releases; 
   
  (iii) progress summary; 
   
  (iv) ICP parole objectives; and 
   
  (v) recent photograph. 
     
  (E)-(I) (No change.) 
   
  (J) When notified by the receiving state that a TYC youth has absconded, the 
ICJ office immediately notifies the home parole officer. 
 
  (i) (No change.) 
   
  (ii) The ICJ office closes the interstate compact case file on the youth. The 
receiving state cannot supervise a youth if his<nl>/her<ol> whereabouts are 
unknown. 
       
  (2) Article VII-Exception-Emergency Home Evaluations. 
 
  (A) When a TYC parolee notifies his/her TYC parole officer that s/he and 
family are moving to another state and there is not sufficient time for a 
request to be submitted to the receiving state, the parole officer notifies the 
ICJ office, via telex, giving all pertinent information on the youth. The ICJ 
office contacts the receiving state and requests the youth be allowed in that 
state on a travel permit. If approval is received, reporting instructions are 
obtained. The parole officer: 
 
  (i)-(iv) (No change.) 
   
  (v) follows the steps in paragraph (1)(A)-(E) of this subsection, Article VII 
-<nl>Cooperative<ol> [Courtesy] Supervision-Other States Supervising TYC Youth. 
     
  (B) Under no circumstances should a youth be allowed to leave Texas for 
placement purposes in another state without authorization from the <nl>deputy 
administrator of<ol> ICJ [office]. 
     
  (3) Travel Permits. 
 
  (A) Out-of-state travel permits may be issued only to youth who are classified 
as General or Violator of CINS Probation offenders for up to 14 days without 
prior approval from the receiving state. The parole officer faxes, or mails if 
fax is not available, a copy of the travel permit upon issuance to the ICJ 
office. 
   
  (B) Permits for out-of-state travel for youth with any other classification 
must be <nl>approved by the deputy administrator of ICJ<ol> [cleared with the 
ICJ office] prior to the youth traveling. 
     
  (4) Discharges. 
 
  (A) When a youth has been out-of-state and progress reports by the receiving 
parole officer consistently indicate that he <nl>/she<ol> has adjusted well and 
discharge is recommended, the <nl>deputy administrator initiates discharge 
procedures and notification to juvenile court. A discharge report is 
submitted<ol> [ICJ office submits] to the director of community services for 
approval. Upon approval, <nl>the notification to juvenile court is forwarded to 
all parties involved.<ol> The ICJ office completes a discharge letter for the 
executive director's signature. <nl>When notification time has elapsed, the<ol> 
[The] discharge letter is forwarded to the youth. Copies of the discharge report 
and letter are sent to the [last institution involved and] home parole officer. 
A copy of the discharge letter and a cover letter are sent to the receiving 
state advising them to close the case. The ICJ office closes the [ICJ] case 
<nl>on the ICJ system<ol> and discharges the youth from the child care system. 
   
  (B) The ICJ office completes discharges for youth who are being supervised in 
<nl>other states <ol> [another state] and meet TYC discharge criteria, 
particularly when either youth or adult charges result in adjudication or 
conviction out-of-state. 
     
  (5) Article VII-<nl>Cooperative<ol> [Courtesy] Supervision-TYC Supervising 
Youth from Other States. 
 
  (A) Upon receipt of requests for home investigation and <nl>cooperative<ol> 
[courtesy] supervision from other states for youth on parole, the <nl>deputy 
administrator of<ol> ICJ [office] assigns the case to the appropriate parole 
officer. The parole officer completes a home investigation and provides a 
recommendation for placement within <nl>21 days to the deputy administrator<ol> 
[a month]. 
   
  (B) (No change.) 
   
  (C)<nl> Interstate youth shall be supervised by the same standards set for TYC 
youth except no TYC funds will be expended. <ol> Quarterly progress reports are 
required. The receiving TYC parole officer submits the report to the interstate 
compact office. The ICJ office forwards the report to the sending ICJ officer; 
who forwards to the sending parole officer. 
   
  (D) (No change.) 
     
  (6) Article VI-Voluntary Consent to Return. 
 
  (A) When a TYC <nl>absconder or escapee<ol> [youth] is detained in another 
state <nl>,<ol> [and] the ICJ office is notified <nl>. The<ol> [,the] detention 
center staff must take him<nl>/her<ol> before the juvenile judge. <nl>The <ol> 
[A] judge advises the youth of his<nl>/her <ol> rights. If the youth agrees to 
return voluntarily, Form III, Voluntary Consent to Return, is signed by the 
youth and the judge. Upon notification that Form III has been signed, the ICJ 
office makes arrangements to return the youth. Arrangements are coordinated with 
the TYC facility from which the youth escaped or with the home parole officer if 
the youth absconded while home on parole. <nl>If the youth will not agree to 
return voluntarily, the requisition process is initiated -Article V. 
   
  (B) When a out-of-state <nl>runaway, absconder, or escapee<ol> [youth] is 
detained in Texas, the ICJ office is notified. The Texas ICJ office notifies the 
ICJ office in the youth's home state. Upon notification that the Form III has 
been signed, the responsible state makes arrangements to return.  <nl>If the 
youth refuses to return voluntarily, the requisition process is initiated -
Articles IV and V by the home state. 
     
  (7) Article V-Requisition Process for TYC Youth. When a TYC youth refuses to 
return to Texas, a requisition, Form II, is completed by the <nl>deputy 
administrator of Texas<ol> ICJ office <nl>as the agency authority entitled to 
the youth's care and custody<ol> and forwarded to the holding state with 
certified copies of the order committing the youth to TYC. The certified copies 
of the commitment order are obtained from the home parole officer. The judge of 
jurisdiction in the holding state reviews the requisition and supporting legal 
documents. If considered to be in order, the judge honors the requisition. Upon 
notification that the judge has honored the requisition, the ICJ office makes 
immediate arrangements to return the youth. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 24, 1993. 
 TRD-9329495 
  Ron Jackson 
 Executive Director 
 Texas Youth Commission 
    Earliest possible date of adoption: November 5, 1993 
 For further information, please call: (512) 483-5244 
         
                   Part VI. Texas Department of Criminal justice 
  Chapter 157. State Jail Standards 
  
  37 TAC sec.sec.157.21, 157.23, 157.25, 157.27, 157.29, 157.31, 157.33, 157.35, 
157.37, 157.39, 157.41, 157.45, 157.47, 157.49, 157.51, 157.53, 157.55, 157.57, 
157.59, 157.61, 157.63, 157.71, 157.73, 157.75, 157.77, 157. 79, 157.81, 157.83, 
157.85, 157.87, 157.89, 157.91, 157.93, 157.95, 157.97 
 
  The Texas Department of Criminal Justice-Community Justice Assistance Division 
(TDCJ-CJAD) proposes new sec.sec.157.21, 157.23, 157.25, 157.27, 157.29, 157.31, 
157.33, 157.35, 157.37, 157.39, 157.41, 157.43, 157.45, 157.47, 157.49, 157.51, 
157.53, 157.55, 157.57, 157.59, 157.61, 157.63, 157.71, 157.73, 157. 75, 157.77, 
157.79, 157.81, 157.83, 157.85, 157.87, 157.89, 157.91, 157.93, 157.95, and 
157.97, concerning the objectives of the State Jail felony concept; the 
administration, management, and operations of state jail felony facilities; 
personnel policies and training and staff development at the facilities; 
eligibility criteria for placement into the facilities; use of a facility for a 
transfer facility; the development of security and control measures, including 
special measures for managing incorrigible and vulnerable inmates; the 
establishment of rules and disciplinary procedures for inmates; an outline of 
inmate rights, including mail, telephone, and visiting privileges; the 
development of classification and orientation services; guidelines for food 
services, sanitation, and health services; the development of programs and 
services for inmates, including religious programs, library services, counseling 
and recreational programs; the establishment of information systems and 
research; provisions for citizen involvement and volunteer service; criteria for 
physical plant standards, including an explanation of the overall purpose of 
standards, and an allowance for variance, security considerations, design 
latitude, building and safety standards, size and location of facilities and 
organizational structure and site design requirements; the requirements for 
inmate housing, including environmental considerations; the layout for 
administrative and staff areas, and the requirements for approval of the 
construction of the facilities. 
 The proposed new sec.157.21 explains the overall purposes and goals which these 
standards are to achieve. 
 The proposed new sec.157.23 provides certain administrative, managerial, and 
operational requisites with which a state jail facility must comply. This new 
section requires a state jail facility to develop a written body of policies and 
procedures to establish its goals and objectives with measurable indicators; to 
develop a mission statement; to allow employee and outside participation in 
formulating the policies and goals of the facility; to prepare a policy and 
procedures manual for the operation of the facility with mechanisms for 
inspecting and reviewing the programs and operations at the facility and with 
routine reports forwarded to the Department of Criminal Justice and Community 
Justice Councils within the facility's region; to allow media access to a 
facility to operate from an annual budget, to post complaint notices directed to 
the Department of Criminal Justice and to comply with standards adopted by the 
Department of Criminal Justice with allowance for waivers of standards under 
certain circumstances. 
 The proposed new sec.157.25 provides for the establishment of a written body of 
policies and procedures concerning the facility's staffing, recruiting, 
promotion, benefits, and review procedures for employees. This new section 
requires each facility to have a personnel policy manual approved by the 
appropriate state oversight authority; be managed by a single administrator; 
specifies the qualifications for the position of facility administrator; 
requires that the qualifications, authority, and responsibilities of the 
facility administrator and other appointed personnel tenure be described in 
writing by the responsible government agency; and requires that significant 
efforts be made to employ persons with racial and cultural backgrounds similar 
to the offender population being served. 
 The proposed new sec.157.27 provides for the establishment of a written body of 
policies and procedures concerning the facility's training and staff 
development. This new section requires that a facility administrator ensure that 
the polices and procedures affecting staff development and training programs be 
planned, coordinated, and supervised by a qualified employee and reviewed 
annually. This new section also provides that pre-service, in-service and 
specialized training be afforded to all facility personnel and that the facility 
administrator ensure that the training and staff development program use outside 
resources when appropriate. Finally, this new section provides that the facility 
administrator ensure that the necessary space and equipment for training and 
staff development program be made available. 
 The proposed new sec.157.29 provides that only a person convicted of a state 
jail felony offense whose probated sentence is revoked or who is placed in a 
facility as a condition of community supervision is eligible for placement in a 
state jail felony facility. 
 The proposed new sec.157.31 provided that the State Jail Division, with the 
approval of the Texas Board of Criminal Justice, may designate one or more state 
jail felony facilities as transfer facilities. However, this new section further 
provides that the Board of Criminal Justice may only approve the designation of 
a state jail felony facility as a transfer facility if said designation does not 
deny placement of a defendant convicted of a state jail felony offense in a 
state jail felony facility. 
 The proposed new sec.157.33 provides that a state jail facility must use a 
combination of supervision, inspection, accountability, and clearly-defined 
polices and procedures in use of weapons and force to promote safe and orderly 
operations. This new section requires that each facility develop and maintain a 
policy and procedures manual for facility safety and control; that the facility 
administrator ensure that correctional officer posts are located in or 
immediately to inmate areas; that a facility administrator ensure that the 
facility has the staff needed to provide full coverage at the facility; that 
each facility maintain written orders, reviewed annually, for every correctional 
officer post; that written policy and practice provide that personnel read, sign 
and date the appropriate post order each time they assume a new post; that the 
facility administrator develop written policies to facilitate personnel contact 
and interaction between staff and inmates; that the facility administrator 
ensure that at least one male and female staff member is on duty whenever both 
male and female inmates are housed in the same facility; that the facility 
administrator ensure that no inmate or group of inmates is given control or 
authority over other inmates; that the facility administrator ensure that 
written policy and practice requires that correctional staff maintain a 
permanent log and prepare shift reports; that written policies and practices 
provide that correctional staff maintain a permanent log and prepare shift 
reports; that written policies and practices ensure that supervisory staff 
conduct a daily patrol of all areas occupied by inmates; that a security 
staffing plan be developed that provides for visual, face to face observation of 
all inmates on a continuous basis; that a system be implemented for physically 
counting inmates; that a written policy and practice provide that staff regulate 
inmate movement; that the facility administrator ensure that written policies 
and procedures govern the transportation of inmates; that the facility 
administrator ensure that written policies and procedures provide that 
instruments of restraint are never applied as punishment; that the facility 
administrator establish written policies and practices to provide that strip 
searches of inmates be based on specific guidelines; that written polices and 
procedures detail the control and use of keys, tools, culinary and medical 
equipment; that security area be permitted to have electronic monitoring systems 
to assist in inmate supervision; that the facility administrator ensure that 
written policies and procedures govern the availability, control and use of 
chemical agents and related security devices; that the facility administrator 
ensure that written policies and practices provide that the facility maintain a 
written record of routine and emergency distribution of security equipment and 
that security equipment be inventoried at least monthly; that the facility 
administrator ensure that personnel using security equipment submit written 
reports; that the facility administrator ensure that written policies and 
practices provide that all persons injured in an incident receive immediate 
medical examination and treatment; that the facility administrator ensure that 
written policies and practices restrict the use of physical force to certain 
situations; that the facility administrator develop written policies and 
procedures to govern the use of firearms; that each facility maintain written 
policies and procedures specifying the facility's fire prevention regulations 
and practices and that monthly inspections by a qualified fire and safety 
officer be conducted; that the facility administrator develop and implement 
written polices and procedures to provide for a communications system in the 
event of urgent, special, or unusual incidents or emergency situations; that the 
facility prepare a written plan for preventive maintenance of the physical 
plant; that the facility maintain a written evacuation plan to be used in the 
event of fire or major emergency plans; that each facility maintain written 
plans, reviewed at least annually, that specify the procedures to be followed in 
situations that threaten facility security; and that the facility administer 
develop written procedures regarding escapes. 
 The proposed new sec.157.35 provides for the development of disciplinary rules 
and procedures. This new section requires that the facility administrator 
provide all inmates and staff with detailed written rules, reviewed annually, of 
inmate conduct; that the facility administrator ensure that there is a written 
set of disciplinary procedures, reviewed annually, governing inmate rule 
violations; that the facility forward to each inmate and staff member a copy of 
the disciplinary rules and procedures; that the facility administrator ensure 
that facility personnel are sufficiently trained in regards to disciplinary 
rules; that each facility maintain written guidelines for resolving minor inmate 
infractions; that the facility establish written policies and practices to 
provide that criminal violations by inmates are properly referred to appropriate 
court or law enforcement officials; that the facility administrator ensure that 
written policies and practices establish the contents of disciplinary reports 
and that practices provide that staff members prepare a disciplinary report; 
that the facility administrator ensure that written policies and practices 
specify that an investigation be begun within 24 hours of the report of an 
alleged rules violation; that written policies and procedures be established for 
the prehearing detention of inmates and disciplinary hearings; that each 
facility maintain written policies providing an inmate with the opportunity to 
make a statement at a disciplinary hearing, present documentary evidence and to 
request witnesses on his behalf; and the facility maintain a written policy to 
provide that a staff member or agency representative assist inmates at a 
disciplinary hearing if requested or needed. 
 The proposed new sec.157.37 authorizes the removal of inmates who threaten the 
security and management of the facility. This new section requires each facility 
to maintain written policies and practices to govern the operation and 
supervision of inmates under administrative segregation, protective custody, and 
disciplinary detention; authorizes the facility administrator or shift 
supervision to order immediate segregation, subject to review within 72 hours, 
when necessary to protect an inmate or others; requires the facility and 
administrator to ensure that written policies and practices provide that an 
inmate be admitted to protective custody status under certain circumstances; 
requires each facility to maintain written policies and practices to provide for 
a hearing in order to place an inmate in disciplinary detention for a rule 
violation; require the facility administrator to establish written policies and 
practices to provide for a review of the status of inmates in administrative 
segregation and protective custody; requires the facility administrator to 
ensure that written policies and practice specify the review process used to 
release an inmate from administrative segregation or protective custody; 
requires the facility administrator to ensure that written policies and 
practices provide that inmates in segregation receive daily visits; requires the 
facility administrator to ensure that written policies and practices provide 
that staff operating special management units maintain a permanent log; requires 
the facility administrator to ensure that all inmates in special management 
units receive basic amenities and on-going services; provides that each facility 
maintain written policies and practices to provide that a report of any adverse 
action taken against an inmate in a special management unit be made; requires 
the facility administrator to ensure that written policies and practices provide 
that an inmate in a special management unit be allowed to correspond, receive 
visitors, have access to legal and reading materials, be permitted to exercise 
outside the inmate's cell, and allowed telephone privileges. 
 The proposed new sec.157.39 establishes certain rights of inmates. This new 
section requires each facility to maintain written policies and practices to 
ensure the right of inmates to access to court, access to counsel, and access to 
law libraries. In addition this new section provides that the facility 
administrator must ensure that written policies and practices provide that 
decisions affecting an inmate are not based on the inmate's race, religion, 
national origin, sex, handicap, or political views. Moreover, this new section 
provides that inmates confined in administrative segregation and protective 
custody be entitled to certain programs offered at the facility. This new 
section also provides that male and female inmates housed at the same facility 
must be entitled to equal opportunities. Finally, this new section provides that 
the facility administrator must maintain written policies and practices granting 
inmates the right to communicate and correspond and the right to a grievance 
procedure that includes at least one level of appeal. 
 The proposed new sec.157.41 provides that all incoming inmates must undergo a 
thorough screening and assessment upon admission and receive a thorough 
orientation. This new section requires that each facility maintain written 
policies, reviewed annually, governing the admission of inmates, that inmates be 
separated from the general population during the admission process; and that 
inmate admission include a written, itemized inventory of all personal property 
of newly admitted inmates and secure storage of inmate property. 
 The proposed new sec.157.43 provides that inmates be classified upon admission 
and on review of their status. This new section requires that the facility 
administrator ensure that written policies and practices provide for a written 
inmate classification plan, reviewed annually, in terms of level of custody 
required, housing assignment and participation in correctional programs and that 
the classification plan specify criteria and procedures for determining and 
changing the status of an inmate; that a facility provide for the special 
management of certain categories of inmates; and that each inmate be assigned to 
a custody designation which describes appropriate and adequate supervision and 
housing assignments commensurate with the on-going needs and requirements of the 
inmate during the period of incarceration. 
 The proposed new sec.157.45 requires that meals be nutritionally balanced, 
well-planned, and prepared and served in a manner that meets established 
governmental health and safety codes. This new section provides that food 
service operations be supervised by a full-time and experienced staff member; 
that accurate records be maintained of all meals served and that documentation 
of the facility's dietary allowances be reviewed at least annually; that the 
facility administrator establish written policies and practices to require that 
food service staff plan menus and follow the plan; that each facility ensure 
that written policies and practices consider special and religious dietary 
needs; that the facility administrator ensure that written policy precludes the 
use of food as a disciplinary measure; that an independent, outside source 
document that food service facilities and equipment meet established 
governmental health and safety codes; that the facility administrator adequately 
train all staff in the food services department; that the facility administrator 
develop and maintain written policies and practices concerning adequate health 
protection for all inmates and staff working in food services; that each 
facility maintain written policies and practices requiring weekly inspection of 
all food service areas; and that the facility administrator ensure that written 
policies and practices require that at least three meals be provided at regular 
meal times during each twenty-four hour period. 
 The proposed new sec.157.47 provides that the facility's sanitation and hygiene 
program comply with applicable regulations and standards of good practice. This 
new section requires that each facility establish written policies and practices 
requiring periodic sanitation inspections; that an independent, outside source 
conduct annual inspections to document compliance with all applicable laws and 
regulations; that an independent, outside source certify that the facility's 
potable water source and supply is in compliance with jurisdictional laws and 
regulations; that the facility prepare a written housekeeping plan to provide 
for daily housekeeping and regular maintenance; that the facility administrator 
ensure that the storage of clothing, linen, and bedding exceeds that required 
for the facility's inmate population; that the facility administrator maintain 
written policies and practice to provide for the issuance of suitable clothing 
(including protective clothing to those participating in special work 
assignments), clean bedding and linen to all inmates; and that each facility 
maintain written policies and practices to ensure that hair care services and 
facilities be available to inmates and articles necessary for maintaining proper 
personal hygiene be provided to all inmates. 
 The proposed new sec.157.49 provides for comprehensive health care services to 
protect the health and well-being of inmates. This new section requires that 
each state jail facility obtain and maintain accreditation with the National 
Commission on Correctional Health Care; that each facility maintain written 
policies and procedures, reviewed annually, for the delivery of health care 
services; that the facility administrator maintain written policies and 
practices to provide that all cases involving medical judgment remain wholly 
within the province of the responsible physician; that the facility's health 
administrator ensure that written policies and practices provide for the 
continuity of care from admission to discharge from the facility; that the 
facility administrator ensure that written policy and procedure address inmate 
health complaints; that the facility administrator ensure that written policy 
and procedure provide for 24 hour emergency medical and dental care; that 
personnel who provide health care services to inmates maintain appropriate state 
and federal certification; and that the facility administrator maintain written 
policies and practices to restrict inmates from performing certain medical 
practices. 
 The new proposed sec.157.51 provides for the establishment of written policies 
and practices requiring that medical, dental, and mental health screening be 
performed by health-trained or qualified health care personnel. This new section 
requires the facility administrator to ensure that written policies and 
practices provide that all intra-system transfers receive a health screening 
immediately upon arrival at the facility; that the facility health authority 
ensure that written policies and practices provide that a health appraisal for 
each inmate be completed within fourteen days after the inmate's arrival at the 
facility; that the facility health authority ensure that written policies and 
practices for the collection and recording of health appraisal data include 
certain specific information; that the facility health authority ensure that 
written policies and procedures provide dental care to each inmate within a 
specified period of time; that first aid kits be available in designated areas 
of the facility; that the facility administrator ensure that written policies 
and procedures provide that arrangements be made for the provision of special 
medical programs; that the facility health authority ensure that written 
policies and practices provide for post admission screening and referral for 
care of mentally ill or retarded inmates; that each facility maintain written 
policies which provide for consultation between the facility administrator and 
the responsible physician before certain actions be taken regarding patients who 
are diagnosed as having a psychiatric illness; that the facility health 
authority maintain written policies and procedures to guide the clinical 
management of chemically dependent inmates; and that informed consent standards 
recognized in the community for examinations, treatments, and procedures also be 
observed for inmate care. 
 The proposed new sec.157.53 provides that inmate programs be designed to 
address specific offender risk and needs in order to have the greatest 
opportunity for having a positive impact in changing criminal behavior. This new 
section requires that all state jail facilities ensure the development and 
implementation of a continuum of programs and services in specified areas 
designed to address the risk and needs of the offender; that state jail programs 
be developed based on local and regional needs; that the facility administrator 
ensure that all programs be adequately staffed by qualified persons; that the 
facility staff adhere to written policies and practices to provide the specific 
methods and areas of classification and assessment; that the facility 
administrator ensure that written policies and practices to provide 
classification/assessment process be utilized to develop an individualized 
supervision/treatment plan for each offender; that the facility management 
include written policies and practices to provide that a case manager be 
assigned to each offender in order to monitor and evaluate the progress of the 
offender's achievement of the plan; that the facility establish a written policy 
and practice to provide that each offender develop a transition plan for release 
back into the community; that the facility design all programs to be completed 
within a ninety day cycle; that the facility administrator ensure that written 
policies and practices provide that the facility offer adult basic education, 
General Equivalency Diploma (GED) preparation and classes, and English as a 
Second Language classes; that the facility implement life skills programming 
within certain specific areas; that the facility offer each offender supervised 
access to programs designed to address the offender's risks and areas of needs; 
that each facility maintain written policies and practices to provide for the 
development and implementation of community service restitution programs, work 
and employment programs, specific tasks/job assignments, and recreational 
programs; and that the facility administrator ensure that written policies and 
procedures prohibit discrimination in inmate work assignments based on sex, 
race, religion, and national origin. 
 The proposed new sec.157.55 provides for a written body of policy and procedure 
governing the facility's mail, telephone, and visiting services for inmates. 
This new section requires each facility to maintain written policies and 
procedures that govern inmate correspondence and inmate access to publications; 
authorizes unlimited volume of inmate correspondence under certain 
circumstances; requires the facility administrator ensure written policies and 
practices to provide indigent inmates with a specified postage allowances; 
provides that each facility may specify in written policy and practice the 
circumstances under which inmate mail may be opened and inspected for 
contraband; provides that the facility administrator must establish the 
circumstances under which inmates are permitted to send sealed letters to a 
specified class of persons and organizations; requires that the facility 
administrator must establish written policies and procedures to provide that, 
excluding weekends and holidays, letters be held for no more than 24 hours and 
packages be held for no more than 48 hours; that each facility maintain written 
policies and practice to provide for inmate access to telephones; that facility 
administrators ensure written policies and practice that specify the number and 
duration of visits, including special and extended visits and visits with high 
risk inmates; that a facility administrator provide furloughs to inmates with 
appropriate security classifications; that the facility administrator ensure 
written policies and practices to provide that visitors register on entry; and 
that the facility administrator designate staff to provide visiter information. 
 The new proposed sec.157.57 provides for the development of a written body of 
policies and procedures governing the facility's library program. This new 
section requires that library services be made available to all inmates, that 
each facility have a qualified staff person to coordinate and supervise library 
services; that the facility administrator ensure that written policies define 
the principle, purposes, and criteria for selecting and maintaining library 
books; and that the facility administrator ensure that the library participate 
in interlibrary loan programs. 
 The new proposed sec.157.59 provides for the establishment of written policies 
and procedures governing the facility's religious programs for inmates. This new 
section requires that each facility have a full-time chaplain with certain 
specified qualifications; that the chaplain, in cooperation with the facility 
administrator, plan, direct, and supervise all aspects of the religious 
programming; that the facility administrator ensure that the chaplain have 
access to all areas of the facility; that the chaplain develop and maintain 
close relationships with community religious resources; that the facility 
administrator, with the cooperation of the chaplain, establish written policies 
and practices to provide that inmates have the opportunity to participate in the 
religious practices of their faith; that the facility administrator ensure 
written policies and practices to provide adequate space and equipment for 
conducting and administering religious programs; and that the chaplain, in 
cooperation with the facility administrator, develop and maintain communications 
with faith communities and approve donations of equipment or materials for use 
in religious programs. 
 The new proposed sec.157.61 provides for the development of a written body of 
policies and procedures for information storage and retrieval, master indexes, 
daily reports, evaluations and research. This new section requires that the 
facility contribute to, have access to and use of an organized system of 
information storage, retrieval, and review; that all staff having access to 
information in the system be trained in the system's security requirements; that 
the facility administrator collaborate with criminal justice and service 
agencies in information gathering, exchange and standardization; that the 
facility administrator ensure that written policies provide for an inmate 
population accounting system and a system that identifies all inmates in custody 
and their actual physical locations; that the facility administrator maintain 
certain specified written records; that intake booking information be recorded 
for every person admitted into the facility and include certain specified data; 
that the facility administrator maintain custody records with certain specified 
data; that the facility administrator ensure that written policies govern the 
conduct of research in the facility; that the facility administrator review and 
approve all facility research projects prior to implementation; and that the 
facility administrator ensure that written policies govern voluntary inmate 
participation in certain research programs. 
 The proposed new sec.157.63 provides for the establishment of a written body of 
policies and procedures concerning the responsibility, screening, training and 
operating procedures for a citizen involvement and volunteer program. This new 
section requires that the facility administrator ensure that the facility have a 
qualified staff person to coordinate the volunteer services program; that the 
facility administrator ensure that written policies specify the lines of 
authority for the facility's citizen involvement and volunteer program; that the 
facility administrator ensure that the screening and selection of volunteers 
allow for recruitment from diverse segments of the community; that each facility 
maintain an official registration and identification system for volunteers; that 
the facility administrator ensure that written policies specify that only 
certified or qualified volunteers may perform professional services; that each 
facility develop and maintain written policies to provide for a documented 
orientation and/or training program for each volunteer prior to assignment; that 
volunteers agree in writing to abide by all facility policies; that a current 
schedule of volunteer services be made available to all inmates and be posted in 
the facility; and that the facility administrator ensure that volunteers are 
able to contribute suggestions concerning the establishment of policies for the 
volunteer program. 
 The proposed new sec.157.71 requires each standard to apply to existing units, 
additions, and renovations at a facility and to new plant construction. 
 The proposed new sec.157.73 explains that the standards for the State Jail 
Felony Facilities are intended to provide the architect/engineer with basic data 
and information required to be incorporated into the completed facility. 
 The proposed new sec.157.75 explains that deviation from these standards must 
be accomplished only through written approval of the Texas Department of 
Criminal Justice. 
 The proposed new sec.157.77 explains that in accordance with the policy of the 
Texas Department of Criminal Justice, security is paramount with regards to the 
design and engineering criteria of the facility and efficiency and economy are 
required design considerations. 
 The proposed new sec.157.79 explains that design solutions for a facility must 
be functional and absolute efficiency without sacrificing security must be the 
sole basis by which facility design is to be evaluated and accepted. 
 The proposed sec.157.81 provides for facility compliance with professional 
building and fire safety codes. This new section requires each unit to conform 
to a specified list of building codes and standards; requires the designer to 
consider and apply current editions of the codes and standards; requires the 
designer to consider and apply current editions of the codes and standards of a 
specified list of organizations; and requires each unit to conform to the 
current editions of the National Fire Prevention Association, National Fire 
Codes and Life Safety Code NFPA Number 101. 
 The proposed new sec.157.83 explains the size, organization, and location of 
the facilities. This new section provides that space must be allocated for a 
specified list of functions, that the physical plant design must facilitate 
personal contact and interaction between inmates and staff; that facilities must 
be divided into distinct, semiautonomous management units; that the maximum size 
of a single management unit must be variable and must be based on the 
characteristics of its inmate population; that single cell living units must not 
exceed 80 inmates; that the number of assigned inmates must not exceed the 
unit's rated bed capacity; and that each unit must be located within a 30 minute 
radius from an accredited hospital with a Level III emergency room, fire 
protection, and public transportation. 
 The proposed new sec.157.85 explains the standards to the site features outside 
the facility's perimeter fence. This new section requires facilities to maintain 
a 300 feet wide clear zone between its security perimeter and the closest 
property line or structure; requires facilities to provide employee automobile 
parking, and visitor parking at a certain rate; requires facilities to provide a 
24 feet wide patrol road within one hundred feet of the secure perimeter; and 
requires the travel path from the nearest public right of way to the vehicle 
sallyport be made of concrete and designed to withstand the loading of semi-
tractor and trailers. 
 The proposed new sec.157.87 explains the standards affecting inmate housing. 
This new section requires facilities to provide dormitories to accommodate nine 
to 50 general population inmates, contain not less than 40 square feet of clear 
floor space for one inmate plus 18 square feet of clear floor space per each 
additional inmate; requires facilities to provide multi-occupancy cells to 
accommodate one to eight inmates and contain not less than 40 square feet of 
clear floor space for one inmate plus 18 square feet of clear floor space per 
each additional inmate; requires facilities to provide administrative 
segregation cells which approximate the living conditions provided to the 
general population inmates and contain not less than 40 square feet of clear 
floor space; requires facilities to provide medical isolation cells which are 
accessible for wheelchair bound inmates; requires facilities to have fire-
resistant bunks of a certain specified dimension; requires facilities to 
construct water closets and lavatories in a manner and with material that 
resists vandalism; authorizes facilities to provide additional furnishings in 
administrative segregation cells, multi-occupancy cells, and dormitories; 
requires facilities to provide dayrooms in close proximity to all inmate 
sleeping areas except for medical isolation cells; specifies that dayrooms for 
dormitories must accommodate not more than 50 inmates and contain at least 40 
square feet of clear floor space; specifies that dayrooms for multiple occupancy 
cells must accommodate not more than 24 inmates and contain at least 40 square 
feet of clear floor space for one inmate plus 18 square feet of clear floor 
space for each additional inmate; specifies the furnishings for dayrooms for 
dormitories and multiple occupancy cells; provides that day rooms for 
administrative segregation cells must accommodate one inmate, contain at least 
100 square feet, and contain a specified set of furnishings; provides that 
holding rooms must accommodate no more than 12 inmates each and contain 40 
square feet of clear floor space for the first inmate plus 18 square feet of 
clear floor space per each additional inmate; provides that tables and benches 
should be constructed of materials which reduce maintenance; requires facilities 
that do not provide inmate reception areas to provide one or more detoxication 
cells containing certain specifications; provides that toilets and lavatories 
should be constructed in a manner and with material that resists vandalism; 
requires facilities to construct shower areas following certain specifications; 
and requires the inmate areas within all facilities to comply with the Americans 
with Disabilities Act and the Elimination of Architectural Barriers Act. 
 The proposed new sec.157.89 explains the acceptable standards for lighting, air 
quality, temperature, and noise levels at the facilities. This new section 
provides that lighting throughout a unit must be determined by the tasks 
performed, surface finishes and colors, type and spacing of light sources, 
outside lighting, shadows and glare; that inmate living areas must be equipped 
with lighting that provides an average of 20 foot candles during non-sleeping 
hours and three foot candles during sleeping hours; that detention grade windows 
or skylights be afforded to all dormitories, multiple occupancy cells, and 
administrative segregation cells; that windows or skylights be provided in all 
dayrooms for dormitories, multiple occupancy cells and administrative 
segregation cells; that all noise levels in inmate housing units not exceed 70 
dBA in daytime and 45 dBA at night; that systems circulate at least 15 cubic 
feet per minute of outside air per occupant for all occupied spaces; that 
systems afford at least 15 air changes per hour in all non-air conditioned 
occupied spaces; that systems must circulate a specified amount of air in 
restrooms and provide specified air flows for exhausts in restrooms; that 
systems must allow 15 air changes per hour during all time that the kitchen is 
in use; that dry food storage areas must have ventilation systems capable of 
providing 15 air changes per hour in summer; that each exhaust hood serving 
kitchen equipment must exhaust no less than 150 cubic feet per minute and 
conform to the Uniform Mechanical Code; that each scullery have exhaust systems 
capable of providing at least thirty air changes per hour; that each pot scrub 
area have exhaust systems capable of providing twenty air changes per hour; and 
that all mechanical equipment for heating and air movement be designed to 
provide a certain range of temperature in winter; that all staff and inmate 
program areas be air conditioned and that administrative segregation cells be 
provided tempered air. 
 The proposed new sec.157.91 establishes space requirements for the various 
services and programs at each unit. This new section provides that outdoor 
recreation areas must have 100 net square feet per inmate, that each yard must 
have a maximum capacity of 200 inmates, and inmates of different security levels 
must not be commingled; that indoor recreation areas must contain not less than 
1,000 square feet of unencumbered space and at least six square feet per inmate; 
that outdoor exercise areas for administrative segregation inmates must 
accommodate one inmate and contain at least 350 square feet; that non contact 
visitation booths shall total .5% of the total inmate population; that 
classrooms at each unit must be designed for a maximum of 24 students and 
contain 35 square feet of space per student; that a facility must contain a 
central library book repository; that each facility must have office space for 
counselors at the rate of one counselor per one hundred and 50 inmates; that 
each facility must have a central kitchen for the daily preparation of meals and 
conform to certain specifications; that each facility must have space for 
janitorial closets; that each unit must provide space for the storage and 
issuance of clothing, linen, and supplies and conform to certain specifications; 
that each facility must have space for general storage and conform to certain 
specifications; that each facility must have separate and adequate space for 
mechanical and electrical equipment; that each facility must have adequate space 
for an inmate commissary and to handle inmate mail; that each facility must have 
adequate space for health services and conform to certain specifications; that 
each facility must have adequate space for a centralized laundry and maintenance 
room; that each facility must have at least one multi-purpose room for each 
group of 200 inmates which contains at least 600 square feet; that each facility 
must have space for hair care services; and that each facility must have at 
least one interview room per group of 100 inmates which contains at least 72 
square feet. 
 The proposed new sec.157.93 provides for adequate space for administrative and 
staff areas. This new section requires that space be provided for 
administrative, security, professional, and clerical staff; specifies the type 
of space requirement which the staff must be afforded; provides that public and 
staff areas must comply with all provisions of the Americans with Disabilities 
Act and the Elimination of Architectural Barriers Act; provides that each 
facility must have adequate space and equipment for the conduct and 
administration of religious programs; and provides that each facility must have 
adequate space and equipment for certain specified functions. 
 The proposed new sec.157.95 provides that the design of a facility's physical 
plant must reflect certain security concerns. This new section requires each 
unit to have a secure central control room which provides 24 hour monitoring and 
coordinating of the security, safety, and communications systems; requires areas 
containing groups of 200 or less inmates to have a secure control room; requires 
all inmate areas be separated from public and staff areas with pedestrian 
sallyports consisting of two electronically interlocked doors; requires all 
vehicle entrances at the security perimeter and inmate reception unloading areas 
be made secure by remotely controlled electrically operated doors or gates; 
requires the facility be enclosed with a double perimeter fence; requires 
pedestrians and vehicles enter and leave at designated points in the perimeter; 
provides that firearms, chemical agents, and other security items be stored in 
separate, but readily accessible unit armories; provides that a facility may 
have guard towers; provides that unit armories be housed outside the security 
perimeter; provides that inmate reception areas must comply with certain 
specified standards; requires a facility to have adequate space outside the 
security perimeter to receive public visitors; requires a facility to have 
adequate space to temporarily store unauthorized inmate possessions while that 
inmate is assigned to administrative segregation; and requires a facility to 
have roads within the security perimeter to afford fire fighting vehicles and 
equipment adequate access to all buildings. 
 The proposed new sec.157.97 explains the manner in which the agency approves 
the construction of state jail facilities. This new section provides that the 
state jail division must contract with the institutional division for the design 
and construction of all Mode One facilities; that the community justice 
assistance division must contract with or award grants to community supervision 
and corrections departments to implement Mode Two state jail facilities and the 
state jail division, with the approval of the Texas Board of Criminal Justice, 
may contract with private vendors or counties for Mode Two state jail 
facilities; that the Department of Criminal Justice must review all construction 
and renovation proposals; that all new construction or extensive remodeling 
contracts must be approved by the Department of Criminal Justice; that certain 
information during the planning and construction stage of a facility must be 
furnished to the Department of Criminal Justice at specified stages of the 
planning; that the applicant must give the Department of Criminal Justice 
notification that certain information furnished to the Department has been 
reviewed by applicant and that any objection by the applicant to any element of 
the information must be made at the time the information is submitted to the 
Department; that the Department of Criminal Justice must respond in writing 
within 30 days of receiving the contract document concerning its approval or 
disapproval of the building; that copies of all proposed addendum prepared 
during the bidding phase must be forwarded to the Department of Criminal Justice 
prior to issuance and the Department must respond concerning its approval or 
disapproval no later than seven days after receiving said request; that the 
final inspection of the completed facility must be made before acceptance by the 
applicant; that the Department of Criminal Justice must notify the applicant 
within ten calendar days after the final inspection concerning whether or not 
the applicant has met the standards; and that the facility must not be occupied 
until the applicant has received a written statement of compliance with approved 
contract documents and standards from the Department of Criminal Justice. 
 The proposed state jail standards outline minimum requirements for facilities 
and programs established under the authority of Senate Bill 532, 73rd 
Legislature, Regular Session 1993. Under this authority, a new system for the 
confinement and treatment of certain criminal offenders will be established and 
governed by these proposed sections. 
 David McNutt, Assistant Director for Budget and Management Services, has 
determined that for the first five year period the sections are in effect there 
will be substantial fiscal implications related to the construction and 
operation of the state jail system that cannot be fully determined at this time. 
Among the fiscal implications for state government will be a projected decrease 
in jail backlog payments and fines, an increase in facility operating costs, a 
decrease in parole supervision costs, an increase in community supervision 
costs. In addition, state government will experience fiscal implications from an 
increase in bonded construction funds and a corresponding increase in debt 
service requirements. The Legislative Budget Board Criminal Justice Policy 
Analysis unit has estimated that over fiscal years 1994-1999, the net change in 
operating costs is projected to rise from S67.7 million to $1.044 billion. 
Construction cost related to building approximately 22,000 state jail beds will 
be approximately $428 million during 1994-1995 biennium and will be 
approximately $900 million more for an additional 42,000 beds by 1998. 
 Mr. McNutt also has determined that for the first five years these sections are 
in effect, there will be no fiscal implications for local government as a result 
of enforcing or administering these sections. 
 Mr. McNutt also has determined that for each year of the first five years the 
sections are in effect, the public benefit anticipated as a result of enforcing 
the sections is enhanced public safety due to the efficient regulation of a 
comprehensive system of confinement for persons convicted of state jail felony 
offenses. There is no anticipated fiscal effect upon small businesses. There is 
no anticipated economic cost to persons who are required to comply with the 
sections as proposed. 
 Comments on the proposed sections may be submitted to Dimitria D. Pope, 
Director, Texas Department of Criminal Justice-Community Justice Assistance 
Division, 8100 Cameron Road, Suite 450, Austin, Texas 78754-3897. 
 The new sections are proposed under the Government Code,  s507.002(a) and (b) 
and Vernon's Annotated Code of Criminal Procedures, Article 42.13, sec.2(a) (1), 
which provides that the Community Justice Assistance Division shall propose and 
the Texas Board of Criminal Justice shall adopt reasonable rules establishing 
minimum standards for programs, community corrections facilities and other 
facilities, equipment, and other aspects of the operation of community 
supervision and corrections departments. 
 
 
  sec.157.21. Objectives. 
 
  (a) The objectives of the State Jail facility concept are: 
 
  (1) to provide the courts with a viable alternative in the expansion of 
sentencing options and rehabilitative programs for state jail felony offenders; 
   
  (2) to provide local jurisdictions with additional opportunities to increase 
their involvement in the risk control management of offenders from their 
communities; and 
   
  (3) to provide state jail felony offenders with the structure and programming 
to address risk and need areas which may impact their criminal behavior. 
     
  (b)  The objectives of the standards for State Jail facilities include the 
following: 
 
  (1) to make state jail facility beds available to every judicial district in 
Texas; 
   
  (2) to provide criminal justice system decision-makers with the goals, 
regulations and guidelines of the Texas Department of Criminal Justice (TDCJ) 
State Jail facilities; 
   
  (3) to establish uniform policy for the management and operations of those 
facilities; 
   
  (4) to establish minimum environmental, structural and functional requirements 
for state jail facilities; 
   
  (5) to provide technical assistance in the establishment and implementation 
and improvement of sentencing alternatives, sanctions and rehabilitative 
programs; 
   
  (6)  to enhance the state and local partnership through the coordination of 
their resources, information and services; 
   
  (7) to establish a statewide offender tracking system and statistical 
information source for state jail felons; 
   
  (8) to enhance the professional knowledge and skills of state jail facility 
personnel and operators by defining the minimum statewide and regional education 
and training requirements; 
   
  (9) to establish policy for the on-going assessment and evaluation of persons 
confined in state jail facilities; 
   
  (10) to establish policy for the on-going assessment and evaluation of state 
jail facility correctional methods, programs and systems; 
   
  (11) to ensure that regionally-based sanctions and programs are designed to 
meet the needs and resources of each region and the offenders whom each serves; 
and 
   
  (12) to delineate procedures to ensure fiscal accountability of the funds 
designated for the state jail facilities and programs. 
 
       
  sec.157.23. Administration, Management and Operations. 
 
  (a)  General administration. Each State Jail facility will have a written body 
of policy and procedure which establishes the facility's goals, objectives, 
standard operating procedures and a system of regular review. 
   
  (b)  Purpose and mission. Each facility will have a written document 
delineating the facility's mission, as determined by the TDCJ. This document is 
reviewed by TDCJ staff at least annually and updated as needed. 
   
  (c)  Policy and goal formulation. The facility administrator will formulate 
goals for the facility at least annually and translate them into measurable 
objectives. 
   
  (d) Employee participation. The facility administrator will establish a 
process to provide that employees participate in the formulation of policies, 
procedures and programs. 
   
  (e) Outside participation. The facility administrator will, through written 
policy, procedure, and practice, demonstrate that related community agencies 
with which the facility has contact participate in policy development, 
coordinated planning, and interagency consultation. 
   
  (f) Table of organization. Each facility will have a written document 
describing the facility's organization. The description includes an 
organizational chart that groups similar functions, services, and activities in 
administrative subunits. This document is reviewed annually, and specifies the 
roles and functions of employees of other agencies providing a service to the 
facility. 
   
  (g)  Policies and procedures manual. The policies and procedures for operating 
and maintaining the facility and its satellites shall be specified in a manual 
that is accessible to all employees and the public. This manual is reviewed at 
least annually and updated as needed. These manuals will be submitted for 
approval by the appropriate state oversight authority 60 days prior to 
acceptance of offenders into the facility. Offenders cannot be accepted into the 
facility until approval is granted by TDCJ. Changes to the manuals must have the 
same approval prior to implementation of those changes. 
   
  (h)  Monitoring and assessment. The facility administrator will develop 
written policy, procedure, and practice to provide that operations and programs 
that are monitored through inspections and reviews. This regular self-monitoring 
of operations and programs will be separate from external or continuous 
inspection conducted by other agencies, including TDCJ audits and inspections. 
   
  (i) Routine reports. The facility administrator shall ensure that quarterly 
reports on the facility's activities are provided to the TDCJ and to the 
Community Justice Councils for that region. These reports are in writing and 
include major developments in each department or administrative unit, major 
incidents, population data, assessment of staff and inmate morale and major 
problems and plans for solving them. 
   
  (j) Media access. The facility administrator shall, through written policy, 
procedure, and practice, grant representatives of the media access to the 
facility consistent with preserving inmates' right to privacy and maintaining 
order and security. 
   
  (k) Waiver. The TDCJ may grant a waiver, to a State Jail facility 
administrator/operator, from a State Jail facility standard or standards upon 
receipt and approval of a Request for Waiver by the appropriate TDCJ division 
director. The Request for Waiver must include a plan to comply with said 
standard or standards by a specific date, and an explanation as to why the 
facility is not currently in compliance with said standard or standards. If the 
waiver is approved by the TDCJ division director, the waiver becomes part of the 
audit record for compliance with that standard. 
   
  (l) Compliance with standards. Compliance with all State Jail standards is 
required of all agencies, governmental units, individuals, and private operators 
responsible for the operations and/or provision of services, in whole or in 
part, of TDCJ State Jail facilities. 
   
  (m) Budget. The facility administrator shall operate from an annual budget in 
a manner consistent with good accounting practices and approved by the TDCJ. The 
budget shall be prepared and submitted to the TDCJ budget office in a format as 
required and within the provisions as outlined by the TDCJ budget office. 
   
  (n) Complaint notice. Each facility administrator shall have posted, in 
conspicuous public and common areas of each facility, a sign notifying offenders 
and members of the public that they can direct written complaints to the TDCJ. 
The sign shall include the State Jail Division's (SJD) and/or the Community 
Justice Assistance Division's (CJAD) mailing address. 
 
     
  sec.157.25. Personnel.  A written body of policy and procedure establishes the 
facility's staffing, recruiting, promotion, benefits and review procedures for 
employees. 
 
  (1) Personnel policy manual. Each facility will have personnel policies which 
will be approved by the appropriate state oversight authority. All staffing 
patterns are to be included in this manual. 
   
  (2) Appointed personnel. Each facility is to be managed by a single 
administrator to whom all employees or units of management are responsible. 
   
  (3) Qualifications. The qualifications, authority and responsibilities of the 
facility administrator and other appointed personnel tenure will be specified in 
writing by the responsible government agency. 
   
  (4) Education and experiences. The qualifications for the position of facility 
administrator shall include at a minimum the following: a bachelor's degree in 
an appropriate discipline; five years of related administrative experience; and 
demonstrated administrative ability and leadership. The degree requirement may 
be satisfied by completion of a career development program that includes work-
related experience, training or college credits at a level of achievement 
equivalent to the bachelor's degree. 
   
  (5) Staff representation. Significant efforts shall be made to employ persons 
with racial and cultural backgrounds similar to the offender population being 
served. 
 
     
  sec.157.27. Training and Staff Development. A written body of policy and 
procedure establishes the facility's training and staff development programs, 
including training requirements for all categories of personnel. 
 
  (1) Training plan. Facility administrators will ensure that written policy, 
procedure, and practice provide that the facility's employee staff development 
and training programs are planned, coordinated and supervised by a qualified 
employee. The training plan is reviewed annually. 
   
  (2)  Training requirements. Pre-service, in-service and specialized training 
shall be provided to all facility personnel. Training requirements will be 
specified by TDCJ. 
   
  (3) Outside resources. The facility administrator will develop procedures to 
provide that the training and staff development program uses outside resources 
when appropriate. 
   
  (4) Space and equipment. Facility administrators shall ensure that the 
necessary space and equipment for the training and staff development program are 
available. 
 
     
  sec.157.29. Eligibility for Placement. Only a person convicted of a state jail 
felony offense whose probated sentence is revoked or who is placed in a facility 
as a condition of community supervision may be confined in a state jail felony 
facility. 
 
   
  sec.157.31. Use of Facility for Transfer Inmates. <ol> The SJD, with the 
approval of the Texas Board of Criminal Justice (TBCJ), may designate one or 
more state jail felony facilities as transfer facilities to house inmates who 
are eligible for confinement under the Government Code, sec.499.152. The board 
may only approve the designation of a state jail felony facility as a transfer 
facility if said designation does not deny placement of a defendant convicted of 
a state jail felony offense in a state jail felony facility. 
 
   
  sec.157.33. Security and Control. The facility shall use a combination of 
supervision, inspection, accountability and clearly-defined policies and 
procedures on use of weapons and force to promote safe and orderly operations. 
 
  (1) Operations manual. Each facility will develop and maintain a manual 
containing all procedures for facility security and control, with detailed 
instructions for implementing these procedures. The manual is available to all 
staff, reviewed at least annually and updated if necessary. 
   
  (2) Correctional officer assignments. Facility administrators shall ensure 
that correctional officer posts are located in or immediately adjacent to inmate 
areas to permit officers to be deployed in such a manner as to ensure safety and 
security. The assisting office shall be physically available or within sight or 
sound of the officer entering the unit. 
   
  (3) Security staff. The facility administrators shall ensure that the facility 
has the staff needed to provide full coverage of designated security posts, full 
surveillance of inmates and to perform all ancillary functions. 
   
  (4) Post orders. Each facility will maintain written orders for every 
correctional officer post. These orders are reviewed annually and updated if 
necessary. 
   
  (5) Personnel notification. Written policy, procedure, and practice will 
provide that personnel read the appropriate post order each time they assume a 
new post and sign and date the post order. 
   
  (6) Staff and inmate interactions. Facility administrators will develop 
written policy, procedure, and practice to facilitate personal contact and 
interaction between staff and inmates. The policy shall define both security and 
rehabilitative interactions. 
   
  (7) Co-ed staffing. Facility administrators shall ensure that when both males 
and females are housed in the facility, at least one male and one female staff 
member are on duty at all times. 
   
  (8) Prohibition of inmate authority. Facility administrators shall ensure that 
no inmate or group of inmates is given control or authority over other inmates. 
   
  (9) Permanent log. Facility administrators will ensure that written policy, 
procedure, and practice require that correctional staff maintain a permanent log 
and prepare shift reports that record routine information, emergency situations 
and unusual incidents. 
   
  (10) Patrols and inspections. Facilities will maintain written policy, 
procedure, and practice to ensure that supervisory staff conduct a daily patrol, 
including holidays and weekends, of all areas occupied by inmates and submit a 
daily written report to their supervisor. Unoccupied areas are to be inspected 
weekly. 
   
  (11) Regular observation by corrections officers. Every facility will develop 
a security staffing plan that provides visual, face to face observation of all 
inmates by corrections officers on a continuous basis. At least one corrections 
officer shall be provided on each floor where inmates are housed and sufficient 
officers must be provided to meet the continuous observation requirement. 
   
  (12)  Inmate counts. The facility shall have a system for physically counting 
inmates. The system includes strict accountability for inmates assigned to work 
educational or program activities release, and other approved temporary 
absences. 
   
  (13) Inmate movement. Each facility will maintain written policy, procedure, 
and practice to provide that staff regulate inmate movement. 
   
  (14) Inmate transportation. Facility administrators will ensure that written 
policy and procedure govern the transportation of inmates outside the facility 
and from one jurisdiction to another. 
   
  (15) Use of restraints. Facility administrators shall ensure that written 
policy, procedure, and practice provide that instruments of restraint, such as 
handcuffs, irons and straightjackets, are never applied as punishment and are 
applied only with the approval of the facility administrator or designee. 
   
  (16) Control of contraband. Facility administrators shall establish written 
policy, procedure, and practice to require unit shakedowns and pat searches of 
inmates to control contraband and provide for its disposal. 
   
  (17) Body cavity searches. Facility administrators shall ensure that an 
established written policy and procedure provide that body cavity searches 
conducted for reasons of security will be done in private, by medical personnel 
or by correctional personnel of the same sex as the inmate, who have been 
trained by a physician or other health care provider to probe body cavities 
(without the use of instruments) so as to cause neither injury to tissue nor 
infections. 
   
  (18) Strip searches. Facility administrators will establish written policy, 
procedure, and practice to provide for strip searches of inmates based on 
specific guidelines (e.g., entry into the facility, after/before visitation, 
returning from furlough or when there is a reasonable belief) that the inmate is 
carrying contraband or any other prohibited items. Such searches shall be 
conducted by personnel of the same sex as the inmate being searched. 
   
  (19)  Controlled access and use of keys. Each facility will develop and 
maintain written policy and procedure to detail the control and use of keys. 
   
  (20)  Tools and equipment. Each facility will develop and maintain written 
policy and procedure to govern the control and use of tools and culinary and 
medical equipment. 
   
  (21) Monitoring system. Security areas may have electronic monitoring systems 
to assist in inmate supervision and enhance the overall security of the 
facility. Monitoring systems may be used to supplement and reduce corrections 
officers, but will not be used as a replacement for minimum security personnel 
requirements. 
   
  (22) Security equipment. Facility administrators will ensure that written 
policy and procedure govern the availability, control, and use of chemical 
agents, and related security devices and specify the level of authority required 
for their access and use. Chemical agents and are used only with the 
authorization of the facility administrator or designee. 
   
  (23) Emergency distribution. Facility administrators will ensure that written 
policy, procedure, and practice provide that the facility maintains a written 
record of routine and emergency distributions of security equipment. 
   
  (24) Security equipment inventory. Facility administrators will ensure that 
firearm, chemical agents and related security equipment are inventoried at least 
monthly to determine their condition and expiration dates. 
   
  (25) Written reports. Facility administrators shall require that personnel 
discharging firearms, using chemical agents or any other weapon, or using force 
to control inmates submit written reports to the facility administrator or 
designee no later than the conclusion of the tour of duty. 
   
  (26) Injuries. Facility administrators will ensure that written policy, 
procedure, and practice provide that all persons injured in an incident receive 
immediate medical examination and treatment. 
   
  (27) Use of firearms. Facility administrators will ensure that written policy, 
procedure, and practice restrict the use of physical force to instances of 
justifiable self-defense, protection of others, protection of property, 
prevention of escapes and then only as a last resort and in accordance with 
appropriate statutory authority. In no event is physical force justifiable as 
punishment. A written report is prepared following all uses of force and is 
submitted to administrative staff for review. 
   
  (28) Use requirements. Facility administrators will develop written policy and 
procedure to govern the use of firearms and include the following listed 
requirements. 
 
  (A) Weapons are subjected to stringent safety regulations and inspections. 
   
  (B) A secure weapons locker is located outside the security perimeter of the 
facility. 
   
  (C) Except in emergency situations, firearms and weapons such as nightsticks 
are permitted only in designated areas to which inmates have no access. 
   
  (D)  Employees supervising inmates outside the facility perimeter follow 
procedures for the security of weapons. 
   
  (E) Employees are instructed to use deadly force only after other actions have 
been tried and found ineffective, and only when the employee believes that a 
person's life is immediately threatened. 
   
  (F) Employees on duty only use firearms or other security equipment that have 
been approved through the facility and only when directed by or authorized by 
the facility administrator. 
     
  (29) Fire safety. Each facility will maintain written policy and procedure to 
specify the facility's fire prevention regulations and practices to ensure the 
safety of staff, inmates and visitors. They include, but are not limited to, the 
following: 
 
  (A) provision for an adequate fire protection service; 
   
  (B) a system of fire inspection and testing of equipment at least quarterly; 
   
  (C) an annual inspection by local or state fire officials or other qualified 
person(s); and 
   
  (D)  availability of fire hoses or extinguishers at appropriate locations 
throughout the facility. 
     
  (30) Monthly inspections. Facility administrators will ensure that written 
policy, procedure, and practice provide for a comprehensive and thorough monthly 
inspection of the facility by a qualified fire and safety officer for compliance 
with safety and fire prevention standards. There is a weekly fire and safety 
inspection of the facility by a qualified departmental staff member. This policy 
and procedure is reviewed annually and updated as needed. 
   
  (31) Flammable, toxic and caustic materials. Each facility will maintain 
written policy, procedure, and practice to govern the control and use of all 
flammable, toxic and caustic materials. 
   
  (32) Emergency power and communications. Facility administrators will develop 
and implement written policy, procedure, and practice to provide for a 
communications system within the facility and between the facility and community 
in the event of urgent, special, or unusual incidents or emergency situations. 
   
  (33) Preventative maintenance. There shall be a written plan for preventive 
maintenance of the physical plant; the plan includes provisions for emergency 
repairs or replacement in life-threatening situations. 
   
  (34) Emergency plans. Facility administrators will ensure that facility 
personnel are trained in the implementation of written emergency plans. 
   
  (35) Evacuation procedures. Each facility will maintain a written evacuation 
plan to be used in the event of fire or major emergency. The plan is certified 
by an independent, outside inspector trained in the application of national fire 
safety codes and is reviewed annually, updated if necessary, and reissued to the 
local fire jurisdiction. The plan includes the following: 
 
  (A) location of building/room floor plans; 
   
  (B) use of exit signs and directional arrows for traffic flow; 
   
  (C) location of publicly posted plan; 
   
  (D) at least quarterly drills in all facility locations, including 
administrative areas; and 
   
  (E) staff drills even when evacuation of inmates may not be included. 
     
  (36) Emergency release. Facility administrators will ensure that written 
policy, procedure, and practice specify the means for the immediate release of 
inmates from locked areas in case of emergency and provide for a backup system. 
   
  (37) Work stoppage. Each facility will maintain written plans that specify the 
procedures to be followed in situations that threaten facility security. Such 
situations include but are not limited to: natural disasters; riots; hunger 
strikes; disturbances; work stoppages; and the taking of hostages. These plans 
are made available to all applicable personnel, are reviewed at least annually 
and updated as needed. 
   
  (38) Escapes. Facility administrators will ensure that there are written 
procedures regarding escapes; these procedures are reviewed at least annually 
and updated if necessary. 
 
     
  sec.157.35. Rules and Discipline. The facility rules of conduct and sanctions 
and procedures for violations are defined in writing and communicated to all 
inmates and staff. Disciplinary procedures are carried out promptly and with 
respect for due process. 
 
  (1) Rules of conduct. Facility administrators shall provide all inmates and 
staff with written rules of inmate conduct which specify acts prohibited within 
the facility and penalties that can be imposed for various degrees of violation. 
The written rules are reviewed annually and updated if necessary. 
   
  (2)  Disciplinary procedures. Facility administrators will ensure that there 
is a written set of disciplinary procedures governing inmate rule violations. 
These are reviewed annually and updated if necessary. 
   
  (3) Rulebook. During facility orientation, a rulebook that contains all 
chargeable offenses, ranges of penalties and disciplinary procedures is given to 
each inmate and is translated into those languages spoken by significant numbers 
of inmates. When a literacy or language problem prevents an inmate from 
understanding the rulebook, a staff member or translator assists the inmate in 
understanding the rules. Each staff member shall be given a copy of the 
rulebook. 
   
  (4)  Training requirements. Facility administrators shall ensure that all 
personnel who work with inmates shall receive sufficient training so that they 
are thoroughly familiar with the rules of inmate conduct, the rationale for the 
rules and the sanctions available. 
   
  (5) Resolution of minor infractions. Each facility will maintain written 
guidelines for resolving minor inmate infractions that include a written 
statement of the rule violated and a hearing and decision within seven days, 
excluding weekends and holidays, by a person not involved in the rule violation. 
The inmate may waive the hearing. 
   
  (6) Criminal violations. Each facility will establish written policy, 
procedure, and practice to provide that, where an inmate allegedly commits an 
act covered by criminal law, the case is referred to appropriate court or law 
enforcement officials for consideration for prosecution. 
   
  (7) Disciplinary reports. Facility administrators shall ensure that written 
policy, procedure, and practice provide that when rule violations require formal 
resolution, staff members prepare a disciplinary report and forward it to the 
designated supervisor. 
   
  (8) Report content. Disciplinary reports prepared by staff members shall 
include, but are not limited to, the following information: 
 
  (A) specific rule(s); 
   
  (B) a formal statement of the charge; 
   
  (C) any unusual inmate behavior; 
   
  (D) any staff witness; 
   
  (E) an explanation of the event that should include who was involved, what 
transpired, and the time and location of occurrence; 
   
  (F) any physical evidence and its disposition; 
   
  (G) any immediate action taken, including the use of force; and 
   
  (H) reporting staff member's signature and date and time of report. 
     
  (9) Prehearing action. Facility administrators shall ensure that written 
policy, procedure, and practice specify that, when an alleged rule violation is 
reported, an appropriate investigation is begun within 24 hours of the time the 
violation is reported and is completed without unreasonable delay, unless there 
are exceptional circumstances for delaying the investigation. 
   
  (10) Prehearing detention. Within the disciplinary procedures shall document 
there is a provision for prehearing detention of inmates who are charged with a 
rule violation. The inmate's prehearing status shall be reviewed by the facility 
administrator or designee within 72 hours, including weekends and holidays. 
   
  (11) Written statement of charges. Facility administrators shall ensure that 
written policy, procedure, and practice provide that an inmate charged with a 
rule violation receives a written statement of the charge(s), including a 
description of the incident and specific rules violated. The inmate is given the 
statement at the same time that the disciplinary report is filed with the 
disciplinary committee but no less than 24 hours prior to the disciplinary 
hearing. The hearing may be held within 24 hours with the inmate's written 
consent. 
   
  (12) Presence at hearing. Facility administrators shall ensure that written 
policy and procedure provide that inmates charged with rule violations are 
present at the hearing, unless they waive that right in writing or through 
behavior. Inmates may be excluded during the testimony of any inmate whose 
testimony must be given in confidence. The reasons for the inmate's absence or 
exclusion are documented. 
   
  (13) Disciplinary hearing. Each facility shall maintain written policy, 
procedure, and practice to provide that inmates charged with rule violations are 
scheduled for hearing as soon as practicable but no later than seven days, 
excluding weekends and holidays, after the alleged violation. Inmates are 
notified of the time and place of the hearing at least 24 hours in advance of 
the hearing. 
   
  (14) Postponement of continuance. Each facility shall maintain written policy, 
procedure, and practice to provide for postponement or continuance of the 
disciplinary hearing for reasonable period and good cause. 
   
  (15) Conducting of hearing. Each facility shall maintain written policy, 
procedure, and practice to provide that disciplinary hearings on rule violations 
are conducted by an impartial person or panel of persons. A record of the 
proceedings is made and maintained for at least six months. 
   
  (16) Inmate rights. Each facility shall maintain written policy, procedure, 
and practice to provide that inmates have an opportunity to make a statement and 
present documentary evidence at the hearing and can request witnesses on their 
behalf. The reasons for denying such a request are stated in writing. 
   
  (17) Inmate assistance. Each facility shall maintain written policy, 
procedure, and practice to provide that a staff member or agency representative 
assist inmates at disciplinary hearings if requested. A representative is 
appointed when it is apparent that an inmate is not capable of collecting and 
presenting evidence effectively on his or her own behalf. 
 
     
  sec.157.37. Special Management. <ol> Inmates who threaten the secure and 
orderly management of the facility may be removed from the general population 
and placed in special units. 
 
  (1) General policy. Each facility shall maintain written policy, procedure, 
and practice to govern the operation and supervision of inmates under 
administrative segregation, protective custody and disciplinary detention. 
   
  (2) Immediate segregation. The facility administrator or shift supervisor can 
order immediate segregation when it is necessary to protect the inmate or 
others. That action is reviewed within 72 hours by the appropriate authority as 
designated in the policy. 
   
  (3) Admission and review of status. Facility administrators shall ensure that 
written policy, procedure, and practice provide that an inmate is admitted to 
protective custody status when there is documentation that protective custody is 
warranted and no reasonable alternatives are available. 
   
  (4) Disciplinary detention. Each facility shall maintain that written policy, 
procedure, and practice provide that an inmate is placed in disciplinary 
detention for a rule violation only after a hearing. 
   
  (5) Status review. Facility administrators shall establish written policy, 
procedure, and practice to provide for a review of the status of inmates in 
administrative segregation and protective custody every seven days for the first 
two months and at least every 30 days thereafter. The facility administrator 
shall designate staff responsible for this review. 
   
  (6) Review process. Facility administrators shall ensure that written policy, 
procedure, and practice specify the review process used to release an inmate 
from administrative segregation or protective custody. 
   
  (7)  Daily visits. Facility administrators shall ensure that written policy 
and procedure provide that inmates in segregation receive daily visits from the 
chief security officer or shift supervisor, member of the program staff on 
request and a qualified health care provider three times per week as specified 
in the Health Services Policy and Procedure Manual. 
   
  (8) Log. Facility administrators shall ensure that written policy, procedure, 
and practice provide that staff operating special management units maintain a 
permanent log. 
   
  (9) General conditions of confinement. Facility administrators shall ensure 
that all inmates in special management units provide prescribed medication, 
clothing that is not degrading and access to basic personal items for use in 
their cells unless there is imminent danger that an inmate or any other 
inmate(s) will destroy an item or induce self-injury. 
   
  (10)  On-going services. Facility administrators shall ensure that inmates in 
special management units receive laundry, barbering, hair care services and are 
issued and exchanged, bedding and linen on the same basis as inmates in the 
general population. Exceptions are permitted only when found necessary by the 
senior officer on duty; any exception is recorded in the unit log and justified 
in writing. 
   
  (11) Action report. Each facility will maintain written policy and procedure 
to provide that whenever an inmate in segregation is deprived of any usually 
authorized item or activity, a report of the action is made and forwarded to the 
facility administrator. 
   
  (12) Programs and services for special management units. Facility 
administrators shall ensure written policy, procedure, and practice provide that 
inmates in special management units can write and receive letters on the same 
basis as inmates in the general population. 
   
  (13) Visiting. Facility administrators will ensure written policy, procedure, 
and practice provide that inmates in special management units have opportunities 
for visitation unless there are substantial reasons for withholding such 
privileges. 
   
  (14) Access to legal materials. Each facility shall maintain written policy, 
procedures, and practice to provide that inmates in special management school 
units have access to legal materials. 
   
  (15) Access to reading materials. Each facility shall maintain written policy, 
procedure, and practice to provide that inmates in special management units have 
access to reading materials. 
   
  (16) Exercise outside of cell. Facility administrators shall ensure written 
policy, procedure, and practice provide that inmates in these units receive a 
minimum of one hour of exercise per day outside their cells, unless security or 
safety considerations dictate otherwise. 
   
  (17) Telephone privileges. Facility administrators shall ensure written 
policy, procedure, and practice provide that inmates are allowed telephone 
privileges. 
   
  (18)  Telephone privileges-segregation/custody. Facility administrators shall 
ensure written policy and procedure provide that inmates in administrative 
segregation and protective custody are allowed telephone privileges. 
   
  (19)  Telephone privileges-disciplinary detention. Facility administrators 
shall ensure written policy and procedure provide that inmates in disciplinary 
detention are allowed limited telephone privileges consisting of telephone calls 
related specifically to access to the judicial process and family emergencies as 
determined by the facility administrator or designee. 
 
     
  sec.157.39. Inmate Rights. <ol> The facility protects the safety and 
constitutional rights of inmates and seeks a balance between expression of 
individual rights and preservation of facility order. 
 
  (1) Access to courts. Each facility will maintain written policy, procedure, 
and practice to ensure the right of inmates to have access to courts. 
   
  (2) Access to counsel. Each facility will maintain written policy, procedure, 
and practice to ensure and facilitate inmate access to counsel and assist 
inmates in making confidential contact with attorneys and their authorized 
representatives; such contact includes, but is not limited to, telephone 
communications, uncensored correspondence and visits. 
   
  (3) Access to law library. Each facility will maintain written policy, 
procedure, and practice to provide that inmates have access to legal materials 
if there is not adequate free legal assistance to help them with criminal, 
civil, and administrative legal matters. Inmates have access to paper, 
typewriters, or typing service and other supplies and services related to legal 
matters. 
   
  (4) Access to programs and services. Facility administrators shall ensure 
written policy, procedure, and practice provide that program access, work 
assignments and administrative decisions are made without regard to inmates' 
race, religion, national origin, sex, handicap, or political views. 
   
  (5) Administrative segregation. Inmates in administrative segregation because 
of behavioral problems should be provided with programs conducive to their well-
being. 
   
  (6) Protective custody. Inmates in protective custody should be allowed to 
participate in as many of the programs afforded the general population, 
providing such participation does not threaten facility security. 
   
  (7) Equal opportunity. Where males and females are housed in the same 
facility, equal opportunities shall be provided for participation in programs 
and services. They are provided separate sleeping quarters but equal access to 
all available services and programs. Neither sex is denied opportunities solely 
on the basis of their smaller number of the total population. 
   
  (8) Inmate communications. Each facility shall maintain written policy, 
procedure, and practice to grant inmates the right to communicate or correspond 
with persons or organizations, subject only to the limitations necessary to 
maintain order and security. 
   
  (9) Grievance procedures. Facility administrators shall ensure that there is a 
written inmate grievance procedure that is made available to all inmates which 
includes at least one level of appeal. 
 
     
  sec.157.41. Institutional Services. <ol> All incoming inmates undergo thorough 
screening and assessment at admission and receive thorough orientation to the 
facility's procedures, rules, programs and services. 
 
  (1) Reception and orientation. Each facility will maintain written policies 
and procedures to govern the admission of inmates new to the system and are 
reviewed annually and updated if necessary. These procedures include at a 
minimum the following: 
 
  (A) determination that inmate is legally committed to the facility; 
   
  (B) drug/alcohol use; 
   
  (C)  thorough search of the individual and possessions; 
   
  (D)  disposition of personal property; 
   
  (E) shower and hair care, if necessary; 
   
  (F) issuance of clean, laundered clothing when appropriate; 
   
  (G) photographing and fingerprinting, including notation of identifying marks 
or other unusual physical characteristics; 
   
  (H)  medical, dental, and mental health screening; 
   
  (I) assignment to a housing unit; 
   
  (J) recording basic personal data and information to be used for mail and 
visiting list; 
   
  (K) explanation of mail and visiting procedures; 
   
  (L) assistance to inmates in notifying their next of kin and families of 
admission; 
   
  (M) medical, dental, substance abuse and mental health screening; 
   
  (N) assignment of registered number to the inmate; 
   
  (O) giving written orientation materials to the inmate; 
   
  (P) telephone calls by inmate; 
   
  (Q) criminal history check; and 
   
  (R) assignment to a case manager to develop supervision/treatment plan. 
     
  (2) Inmate location. Inmates will be separated from the general population of 
the facility during the admissions process. 
   
  (3)  Personal property. Inmate admission will include a written, itemized 
inventory of all personal property of newly admitte, inmates and secure storage 
of inmate property, including money and other valuables. The inmate is given a 
receipt for all property held until release. If the inmate arrives with 
medications or prosthetic devices, the items should be submitted to the unit 
medical staff for a determination of appropriate disposition. 
 
     
  sec.157.43. Classification.  Inmates are classified to the most appropriate 
level of custody and programming both on admission and on review of their 
status. 
 
  (1) Written classification plan. Facility administrators shall ensure that 
written policy, procedure, and practice provide for a written inmate 
classification plan in terms of level of custody required, housing assignment 
and participation in correctional programs. They are reviewed at least annually 
and updated if necessary. 
   
  (2) Status change. The inmate classification plan, in conjunction with the 
supervision/treatment plan, specifies criteria and procedures for determining 
and changing the status of an inmate, including custody, transfers and major 
changes in programs. The plan includes an appeals process for classification 
decisions. 
   
  (3) Special management inmates. The facilities shall provide for the special 
management of the following assigned categories of inmates: 
 
  (A) female inmates; 
   
  (B) other classes of detainees; 
   
  (C) inmates with special problems (alcoholics, narcotics addicts, mentally 
disturbed persons, physically handicapped persons, person with communicable 
diseases); 
   
  (D) inmates requiring disciplinary detention; and 
   
  (E) inmates requiring administrative segregation. 
     
  (4)  Custody designation. Each inmate shall be assigned to a custody 
designation which describes appropriate and adequate supervision and housing 
assignments commensurate with the on- going needs and requirements of the inmate 
during his or her incarceration. Custody criteria to be used shall include, but 
not be limited to, institutional adjustment, offense history, escape history, 
history of violence and length of incarceration. 
 
     
  sec.157.45. Food Service. <ol> Meals are nutritionally balanced, well-planned 
and prepared and served in a manner that meets established governmental health 
and safety codes. 
 
  (1) Food service management. Food service operations shall be supervised by a 
full-time staff member who is experienced in institutional food preparation or 
mass food management. 
   
  (2) Records maintenance. Facility administrations shall ensure that written 
policy, procedure, and practice require that accurate records are maintained of 
all meals served. 
   
  (3) Dietary allowances. Each facility shall maintain documentation that the 
facility's dietary allowances are reviewed at least annually by a qualified 
nutritionist or dietician to ensure that they meet the nationally recommended 
allowances for basic nutrition. Menu evaluations are conducted at least 
quarterly by facility food service supervisory staff to verify adherence to the 
established basic daily servings. 
   
  (4) Menu planning. Facility administrators shall establish written policy, 
procedure, and practice to require that food service staff plan menus and follow 
the plan. The planning and preparation of all meals should take into 
consideration food flavor, texture, temperature, appearance, and palatability. 
   
  (5) Special diets. Each facility will, through written policy, procedure, and 
practice, provide for special diets as prescribed by appropriate medical or 
dental personnel. 
   
  (6) Religious dietary policy. Each facility will, through written policy, 
procedure, and practice, provide for special diets for inmates whose religious 
beliefs require the adherence to religious dietary laws. 
   
  (7) Exclusion as discipline. Facility administrators shall ensure that written 
policy precludes the use of food as a disciplinary measure. 
   
  (8) Health and safety regulations. Facility administrators shall ensure there 
is documentation by an independent, outside source that food service facilities 
and equipment meet established governmental health and safety codes; corrective 
action is taken on deficiencies, if any. 
   
  (9) Training requirement. Facility administrators shall provide that all staff 
and other persons are trained in the use of the equipment safety procedures to 
be followed in the food service department. 
   
  (10) Health protection. Facility administrators shall develop and maintain 
written policy, procedure, and practice to provide for adequate health 
protection for all inmates and staff in the facility and inmates and other 
persons working in food service, to include the following. 
 
  (A) Where required by the laws and/or regulations applicable to food service 
employees in the community where the facility is located, all persons involved 
in the preparation of food receive a preassignment medical examination and 
periodic reexaminations to ensure freedom from diarrhea, skin infections, and 
other illnesses transmissible by food or utensils; all examinations are 
conducted in accordance with local requirements. 
   
  (B)  When the facility's food services are provided by an outside agency or 
individual, the facility has written verification that the outside provider 
complies with the state and local regulations regarding food service. 
   
  (C)  All food handlers are instructed to wash their hands on reporting to duty 
and after using toilet facilities. 
   
  (D) Inmates and other persons working in food service, are monitored each day 
for health and cleanliness by the director of food services (or designee). 
     
  (11) Facilities and equipment. Each facility shall maintain written policy, 
procedure, and practice to require weekly inspections of all food service areas, 
including dining and food preparation areas and equipment, by administrative, 
medical or dietary personnel; these may include the person supervising food 
service operations or his/her designee. Refrigerator and water temperatures are 
checked daily by administrative, medical, or dietary personnel. 
   
  (12)  Meal requirements. Facility administrators will ensure that written 
policy, procedure, and practice require that at least three meals (including two 
hot meals) are provided at regular meal times during each 24-hour period, with 
no more than 14 hours between the evening meal and breakfast. Variations may be 
allowed based on weekend and holiday food service demands, or in the event of 
emergency or security situations, provided basic nutritional goals are met. 
 
     
  sec.157.47. Sanitation and Hygiene. The facility's sanitation and hygiene 
program complies with applicable regulations and standards of good practice to 
protect the health and safety of inmates and staff. 
 
  (1)  Sanitation inspections. Each facility will provide written policy, 
procedure, and practice to require the following inspections: 
 
  (A)  weekly sanitation inspections of all facility areas by a qualified 
departmental staff member; 
   
  (B) comprehensive and thorough monthly inspections by a safety/sanitation 
specialist; and 
   
  (C) at least annual inspections by a state and/or local sanitation specialist. 
     
  (2)  Documentation. The facility shall comply with all applicable laws and 
regulations of the governing jurisdiction, and there will be documentation by an 
independent, outside source that any past deficiencies noted in annual 
inspections have been corrected. 
   
  (3) Water supply. The facility's potable water source and supply, whether 
owned and operated by the public water department or the facility, shall be 
certified by an independent, outside source to be in compliance with 
jurisdictional laws and regulations. 
   
  (4) Housekeeping. A written housekeeping plan for all areas of the facility's 
physical plant shall provide for daily housekeeping and regular maintenance by 
assigning specific duties and responsibilities to staff and inmates. 
   
  (5) Clothing and bedding supplies. Facility administrators shall ensure that 
the storage of clothing, linen, and bedding exceeds that required for the 
facility's inmate population. 
   
  (6) Clothing issue. Facility administrators, through written policy, 
procedure, and practice, provide for the issuance of suitable clothing to all 
inmates. Clothing is properly fitted, climactically suitable, durable, clean, 
and presentable. Each inmate shall be provided with a change of outer clothing 
at least three times per week. Each inmate will receive a daily change of 
underwear. 
   
  (7)  Protective clothing. Each facility shall establish written policy, 
procedure, and practice to provide for the issue of appropriate clothing to 
those participating in special work assignments and, when appropriate, 
protective clothing and equipment to inmates. 
   
  (8) Bedding and linen service. Each facility shall maintain written policy, 
procedure, and practice to provide for the issue of suitable, clean bedding and 
linen, including two sheets, pillow and pillowcase, one mattress and sufficient 
blankets to provide comfort under existing temperature controls. There is 
provision for linen exchange, including towels, at least weekly. 
   
  (9) Personal hygiene. Each facility shall maintain written policy, procedure, 
and practice to require that articles necessary for maintaining proper personal 
hygiene are provided to all inmates. 
   
  (10) Hair care services. Facility administrators shall ensure that hair care 
services and facilities are available to inmates. Hair care services shall 
comply with applicable health requirements. 
 
     
  sec.157.49. Health Care. <ol> The facility provides comprehensive health care 
services by qualified personnel to protect the health and well-being of inmates. 
 
  (1) Standards for health services in jails. To ensure quality services, each 
state jail facility shall obtain and maintain accreditation with the National 
Commission on Correctional Health Care as described in the Standards for Health 
Services In Jails. 
   
  (2) Delivery of services. Each facility shall maintain written policy and 
procedure to provide for the delivery of health care services, including 
medical, dental and mental health services, under the control of a designated 
health authority. When this authority is other than a physician, final medical 
judgments rest with a single designated responsible physician licensed in the 
state. Arrangements are made with health care specialists in advance of need. 
The health authority shall systematically determine health care personnel 
requirements in order to provide inmate access to health care staff and 
services. 
   
  (3) Responsible authority. Facility administration shall ensure written 
policy, procedure, and practice provide that all medical, psychiatric and dental 
matters involving medical judgment are the sole province of the responsible 
physician and dentist, respectively. 
   
  (4)  Quarterly meetings and reports. Each facility shall maintain written 
policy, procedure, and practice to provide that the health authority meets with 
the facility administrator at least quarterly and submits annual statistical 
summaries and quarterly reports on the health care delivery system and health 
environment. 
   
  (5) Annual review. Each policy, procedure, and program in the health care 
delivery system shall be reviewed at least annually by the appropriate health 
care authority and revised if necessary. Each document bears the date of the 
most recent review or revision and signature of the reviewer. 
   
  (6) Continuity of care. The facility's health administrator shall ensure that 
written policy, procedure, and practice require continuity of care from 
admission to discharge from the facility, including referral to community care 
when indicated. 
   
  (7) Unimpeded access to care. Facility administrators shall ensure that 
written policy and procedure require that inmates' health complaints are 
solicited daily, acted on by health-trained correctional personnel and followed 
by appropriate triage and treatment by qualified health personnel. 
   
  (8) 24 hour emergency care. Facility administrators shall ensure that written 
policy and procedure require that the facility provide 24-hour emergency medical 
and dental care available as outlined in a written plan, that includes 
provisions for the following arrangements: 
 
  (A) on-site emergency first aid and crisis intervention; 
   
  (B) emergency evacuation of the inmate from the facility; 
   
  (C) use of an emergency medical vehicle; 
   
  (D) use of one or more designated hospital emergency rooms or other 
appropriate health facilities; 
   
  (E) emergency on-call physician, dentist and mental health professional 
services when the emergency health facility is not located in a nearby 
community; and 
   
  (F) security procedures providing for the immediate transfer of inmates when 
appropriate. 
     
  (9) Personnel. Appropriate state and federal licensure, certification or 
registration requirements and restrictions shall apply to personnel who provide 
health care services to inmates. The duties and responsibilities of such 
personnel are governed by written job descriptions approved by the health 
authority. Verification of current credentials and job descriptions shall be on 
file in the facility. 
   
  (10) Inmate assistants. The facility administrator will ensure written policy, 
procedure, and practice provide that inmates are not used for the following 
duties: 
 
  (A) performing direct patient care services; 
   
  (B) scheduling health care appointments; 
   
  (C)  determining access of other inmates to health care services; 
   
  (D)  handling or having access to surgical instruments, syringes, needles, 
medications or health records; and 
   
  (E) operating diagnostic or therapeutic equipment. 
 
       
  sec.157.51. Health Screenings and Examinations. 
 
  (a)  Preliminary screening. Facility administrators shall ensure that written 
policy, procedure, and practice require medical, dental and mental health 
screening to be performed by health-trained or qualified health care personnel 
on all inmates, excluding intrasystem transfers, on the inmate's arrival at the 
facility. All findings are recorded on a form approved by the health authority. 
The screening includes at least the following. 
 
  (1) Inquiry to: 
 
  (A) current illness and health problems, including venereal diseases and other 
infectious diseases; 
   
  (B) dental problems; 
   
  (C)  mental problems; 
   
  (D) use of alcohol and other drugs, including type(s) of drugs used, mode of 
use, amounts used, frequency used, date or time of last use and history of any 
problems that may have occurred after ceasing use (e.g., convulsions); 
   
  (E) past and present treatment or hospitalization for mental disturbance or 
suicide; 
   
  (F) possibility of pregnancy; and 
   
  (G) other health problems designated by the responsible physician. 
     
  (2) Observation of: 
 
  (A) behavior, including state of consciousness, mental status, appearance, 
conduct, tremor, and sweating; 
   
  (B) body deformities, ease of movement, etc.; and 
   
  (C) condition of skin, including trauma markings, bruises, lesions, jaundice, 
rashes, and infestations and needle marks or other indications of drug abuse. 
     
  (3) Medical disposition of inmate: 
 
  (A) general population; or 
   
  (B) general population with prompt referral to appropriate health care 
service; or 
   
  (C) referral to appropriate health care service for emergency treatment. 
       
  (b) Intrasystem transfers. Facility administrators shall ensure written 
policy, procedure, and practice require that all intrasystem transfers receive a 
health screening by health-trained or qualified health care person immediately 
on arrival at the facility. All findings are recorded on a screening form 
approved by the health authority. The screening includes at a minimum the 
following. 
 
  (1)  Designated nursing personnel at each unit will pick up the medical record 
for each day's incoming inmates. 
   
  (2) The health record for each incoming inmate will be reviewed for the 
following: 
 
  (A) housing, work, disciplinary restrictions (from the health summary for 
classification form); 
   
  (B) prescribed medication; and 
   
  (C) prescribed treatment regiment. 
     
  (3) Based on the records review, medication, appointments, and referrals will 
be scheduled as appropriate. 
   
  (4) Following the nursing service review, the record will be forwarded to 
dental and psychiatric services for their respective reviews. 
     
  (c) Health appraisal. The facility health authority shall ensure written 
policy, procedure, and practice require that a health appraisal for each inmate, 
excluding intrasystem transfers, is completed within 14 days after arrival at 
the facility. If there is documented evidence of a health appraisal within the 
previous 90 days, a new health appraisal is not required except as determined by 
the designated health authority. The health appraisal shall include the 
following: 
 
  (1)  review of the earlier receiving screening; 
   
  (2) collection of additional data to complete the medical, dental, mental 
health, and immunization histories; 
   
  (3) laboratory and/or diagnostic tests to detect communicable disease and 
tuberculosis; 
   
  (4) recording of height, weight, pulse, blood pressure, and temperature; 
   
  (5) other tests and examinations as appropriate; 
   
  (6) medical examination, including review of mental and dental status; 
   
  (7) review of the results of the medical examination, tests and identification 
of problems by a physician or other qualified health care personnel, if such is 
authorized in the medical practice act; 
   
  (8) initiation of therapy when appropriate; and 
   
  (9) development and implementation of treatment plan, including 
recommendations concerning housing, job assignments, and program participation. 
     
  (d) Recording appraisal data. The facility health authority shall ensure 
written policy, procedure, and practice for the collection and recording of 
health appraisal data require the following: 
 
  (1) the process is completed in a uniform manner as determined by the health 
authority; 
   
  (2) health history and vital signs are collected by health-trained or 
qualified health personnel; and 
   
  (3) collection of all other health appraisal data is performed only by 
qualified health personnel. 
     
  (e)  Dental screening and examination. The facility health authority shall 
ensure written policy and procedure require that dental care is provided to each 
inmate under the direction and supervision of a dentist, licensed in the state, 
as follows: 
 
  (1) dental screening within 14 days of admission; 
   
  (2) dental hygiene services within 14 days of admission; 
   
  (3)  dental examinations within one month of admission; and 
   
  (4) dental treatment, not limited to extractions, within three months of 
admission when the health of the inmate would be adversely affected. 
     
  (f) First aid. First aid kits shall be available in designated areas of the 
facility based on need. 
   
  (g) Use of specialists. The facility administrators will ensure written policy 
and procedure require that arrangements are made for the provision of special 
medical programs, including chronic care, convalescent care and medical 
preventive maintenance for the inmates. 
   
  (h) Severe mental illness and retardation. The facility health authority shall 
ensure written policy and procedure require postadmission screening and referral 
for care of mentally ill or retarded inmates whose adaption to the correctional 
environment is significantly impaired. 
   
  (i) Administrative consultation. Each facility shall maintain written policy 
which requires consultation between the facility administrator and the 
responsible physician, or their designees, under the following conditions before 
the following actions are taken regarding patients who are diagnosed as having a 
psychiatric illness: 
 
  (1) housing assignments; 
   
  (2) program assignments; 
   
  (3) disciplinary measures; and 
   
  (4) transfers in and out of the facility. 
     
  (j) Management of chemical dependency. The facility health authority shall 
maintain written policy and procedure to guide the clinical management of 
chemically dependent inmates and include the following requirements: 
 
  (1) screening, assessment, and diagnosis of chemical dependency; and 
   
  (2) determination as to whether an individual requires nonpharmacologically 
supported care. 
     
  (k) Informed consent. All examinations, treatments, and procedures affected by 
informed consent standards in the community shall likewise be observed for 
inmate care. In the case of minors, the informed consent of parent, guardian or 
legal custodian applies when required by law. Health care is rendered against 
inmate's will only in accordance with law. 
 
     
  sec.157.53. Inmate Programs. <ol> Programs designed to address specific 
offender risk and needs offer the greatest opportunity to have a positive impact 
in changing criminal behavior. 
 
  (1) Continuum of programs and services. All State Jail facilities shall ensure 
the development and implementation of a continuum of programs and services 
designed to address the risk and needs of the offenders placed within those 
facilities. 
   
  (2)  Basic programs required. Each State Jail facility will, at a minimum, 
provide programs in the following areas which will include, but not be limited 
to: 
 
  (A) educational/vocational programs; 
   
  (B) work programs; 
   
  (C) rehabilitation programs; and 
   
  (D) recreational programs. 
     
  (3) Local/regional planning. State jail programs shall be developed based upon 
local and regional needs. The Community Justice Councils and the Community 
Supervision and Corrections Departments (CSCD) served by the facility shall 
provide consultation to the SJD and the CJAD in program development through 
identification of local/regional resource and needs. 
   
  (4) Program staffing. The facility administrator shall ensure that all 
programs are adequately staffed by qualified persons providing specific program 
components. The facility will utilize community volunteers, whenever it is 
feasible. 
   
  (5) Classification and assessments. Facility staff shall adhere to written 
policy, procedure, and practice to provide the specific methods and areas of 
classification and assessment necessary for each offender upon entry into the 
facility. 
   
  (6) Supervision/treatment plans. Facility administrators shall ensure written 
policy, procedure, and practice provide that the classification/assessment 
process will be utilized to develop an individualized supervision/treatment plan 
for each offender in the facility. Plans are to be long range and developed in 
such a manner as to provide for a continuity of service and when appropriate, 
supervision care for offenders after discharge from the facility. Services shall 
be prioritized based upon need and availability. 
   
  (7) Case management services. Facility management shall include written 
policy, procedure, and practice to provide that a case manager will be assigned 
to each offender to monitor and evaluate the progress of the offender's 
achievement of the plan. The case manager will be responsible for determining 
changes to that plan (where progression or regression dictate) and to provide 
guidance to that offender toward successful accomplishment of the plan. 
   
  (8) Reintegration model. To optimize reintegration of offenders, written 
policy, procedure, and practice provide that each offender develop a transition 
plan for release back into the community. Such plan will be developed with 
oversight and assistance from the case manager prior to the offender's release. 
The plan will be transferred with the offender to any aftercare and/or community 
supervision agencies upon discharge from the facility. 
   
  (9) Basic program design. All programs shall be designed to be presented in 
specific "sections" so that offenders may complete those sections within a 90 
day cycle. Such design is meant to address differing periods of time of 
confinement for offenders. 
   
  (10) Educational/vocational programs. Facility administrators will ensure 
written policy, procedure, and practice provide that, at a minimum, each 
facility will offer adult basic education, GED preparation and GED classes and 
English as a Second Language (where necessary). Offender participation will be 
predicated upon specific educational assessments determining specific need for 
any or all of these programs. Computer assisted learning labs will be utilized 
to better address individual learning rates. Each facility shall develop 
vocational programs designed to address local/regional needs. The facility 
staff, the local Community Justice Councils, Texas Employment Commission, Texas 
Rehabilitation Commission and local employers will determine the local need. 
   
  (11) Life skills programs. Each facility will implement life skills 
programming which will include, but is not limited to, the following areas: 
 
  (A) personal financial management; 
   
  (B) employment readiness/job search; 
   
  (C)  employment interviewing skills; 
   
  (D) personal hygiene; 
   
  (E)  parenting classes; 
   
  (F) interpersonal relationships; 
   
  (G)  anger management; 
   
  (H) problem solving; and 
   
  (I) conflict resolution. It is the intent of this standard that each offender 
will be assessed to determine specific areas listed in subparagraphs (A)-(I) of 
this paragraph which are applicable to that offender's needs. 
     
  (12)  Rehabilitation programs. Each offender, as determined by the assessments 
and supervision plan, will have supervised access to programs designed to 
address that offender's risk and areas of need. Those programs will include, but 
not be limited to, the following areas: 
 
  (A) substance abuse education; 
   
  (B) group/individual counseling; 
   
  (C) Alcoholics Anonymous (AA), Narcotics Anonymous (NA) and Cocaine Anonymous 
(CA); and 
   
  (D) expanded programs from life skills, where needed. 
     
  (13)  Community Service Restitution (CSR) programs. Each facility shall 
maintain written policy, procedure, and practice to provide for the development 
and implementation of CSR programs. Such programs will be designed to provide 
service restitution to the community and as a method to provide incentives for 
positive offender behavior. Initial CSR activities will be restricted to the 
grounds of the facility. Incentive CSR activities may allow offenders to perform 
CSR outside of the facility under staff supervision. 
   
  (14)  Work programs. Facility administrators shall ensure written policy, 
procedure, and practice provide each offender with specific work/tasks to be 
performed while residing in the facility. Such work will include routine 
maintenance tasks, personal area maintenance, specific work assignments and 
institutional support. Such programs are not to be included as credit toward CSR 
hours mandated by court order. 
   
  (15) Recreational programs. Facility administrators shall ensure that written 
policy, procedure, and practice provide each offender within the facility with 
specific, regular time to engage in recreational activities. Indoor recreation 
and outdoor recreation, weather permitting, must be available to assist in the 
rehabilitation and physical well-being of offenders. 
   
  (16) Inmate work plan. The facility has a written inmate work assignment plan 
that provides for inmate work opportunities, subject to the number of work 
opportunities available and the maintenance of facility security. 
   
  (17) Work requirement. The facility administrator may require all able-bodied 
inmates to work unless assigned to an approved education or training program. 
Inmates are to participate as prescribed by their supervision, treatment and 
classification plan. 
   
  (18)  Non-discrimination. Facility administrators shall ensure that written 
policy and procedure prohibit discrimination in inmate work assignments based on 
sex, race, religion, and national origin. 
 
     
  sec.157.55. Mail, Telephone, Visiting. A written body of policy and procedure 
governs the facility's mail, telephone and visiting service for inmates, 
including mail inspection, public phone use, and routine and special visits. 
 
  (1) Inmate correspondence. Each facility will maintain written policy and 
procedure that govern inmate correspondence; they are available to all staff and 
inmates, reviewed annually and updated as needed. 
   
  (2) Inmate cost. When the inmate bears the mailing cost, there shall be no 
limit on the volume of letters he/she can send or receive or on the length, 
language, content or source of mail or publications, except when there is 
reasonable belief that limitation is necessary to protect public safety or 
facility order and security. 
   
  (3) Postage allowance. Facility administrators shall ensure written policy, 
procedure, and practice provide that indigent inmates, as defined in policy, 
receive a specified postage allowance to maintain community ties. 
   
  (4) Publication access. Each facility shall maintain written policy, procedure 
to govern inmate access to publications. 
   
  (5) Inspection of letters and packages. Each facility shall specify written 
policy, procedure, and practice to provide that inmate mail, both incoming and 
outgoing, may be opened and inspected for contraband. Mail is read, censored or 
rejected when based on legitimate facility interests of order and security. 
Inmates are notified when incoming or outgoing letters are withheld in part or 
in full. 
   
  (6) Sealed letters. Facility administrators shall ensure written policy, 
procedure, and practice specify that inmates are permitted to send sealed 
letters to a specified class of persons and organizations, including but not 
limited to the following: courts; counsel; officials of the confining authority; 
state and local chief executive officers; and administrators of grievance 
systems. Mail to inmates from this specified class of persons and organizations 
may be opened only to inspect for contraband and only in the presence of the 
inmate, unless waived in writing. 
   
  (7) Mail inspections. Facility administrators shall establish written policy 
and procedure to provide for the inspection of inmate letters and packages to 
intercept cash, checks, money orders, and contraband. A receipt is given to the 
addressee. 
   
  (8) Holding mail. Facility administrators shall establish written policy, 
procedure, and practice to require that, excluding weekends and holidays, 
incoming and outgoing letters are held for no more than 24 hours and packages 
are held for no more than 48 hours. 
   
  (9)  Telephone. Each facility shall maintain written policy, procedure, and 
practice to provide for inmate access to telephones. 
   
  (10) Visiting. Facility administrators shall ensure written policy, procedure, 
and practice provide that the number of visitors an inmate may receive and the 
length of visits may be limited only by the facility's schedule, space and 
personnel constraints, or when there are substantial reasons to justify such 
limitations. 
   
  (11) Visiting high risk inmates. Each facility shall maintain written policy 
and procedure to govern visiting for high risk inmates. Special visits shall be 
governed by written policy and procedure developed by facility administrators. 
   
  (12) Extended visits. Extended visits between inmates and their families shall 
be governed by written policy, procedure, and practice developed by facility 
administrators. 
   
  (13) Furloughs. As provided by written policy, procedure, and practice, 
facility administrators shall provide that inmates with appropriate security 
classifications are allowed furloughs to the community to maintain community and 
family ties, seek employment opportunities and for other purposes consistent 
with the public interest. 
   
  (14) Visitor registration. Facility administrators shall ensure written 
policy, procedure, and practice provide that visitors register on entry into the 
facility and specify the circumstances under which visitors may be searched. 
   
  (15) Visitor information. Facility administrators shall designate staff to 
provide information to visitors about transportation to the facility and between 
the facility and nearby public transit terminals. 
 
     
  sec.157.57. Library.  A written body of policy and procedure governs the 
facility's library program, including acquisition of materials, hours of 
availability and staffing. 
 
  (1) Comprehensive library services. Library services shall be available to all 
inmates in detention facilities library programs, including acquisition of 
materials, hours of availability and staffing. 
   
  (2) Library staff. Each facility shall have a qualified staff person who 
coordinates and supervises library services. 
   
  (3) Selection and acquisition of materials. Facility administrators shall 
ensure that written policy defines the principle, purposes and criteria used in 
selection and maintenance of library materials. 
   
  (4)  Interlibrary loan. Facility administrators shall ensure that the library 
participates in interlibrary loan programs when available. 
 
     
  sec.157.59. Religious Programs. <ol> A written body of policy and procedure 
governs the facility's religious programs for inmates, including program 
coordination and supervision, opportunities to practice the requirements of 
one's faith and use of community resources. 
 
  (1)  Program coordination and supervision. Each facility shall have a full-
time chaplain(s) with two minimum qualifications of: 
 
  (A) clinical pastoral education or equivalent specialized training; and 
   
  (B) endorsement by the appropriate religious certifying body. 
     
  (2) Chaplain role. The chaplain(s), in cooperation with the facility 
administrator (and/or his designee) plans, directs and supervises all aspects of 
the religious program, including approval and training of both lay and clergy 
volunteers from faiths represented by the inmate population. The chaplain(s) has 
physical access to all areas of the facility to minister to inmates and staff. 
   
  (3)  Chaplain access. Facility administrators shall ensure that the chaplain 
has physical access to all areas of the facility to minister to inmates and 
staff. 
   
  (4) Community resource. The chaplain or designated religious staff member 
shall develop and maintain close relationships with community religious 
resources. 
   
  (5) Opportunity to practice one's faith. Facility administrators, in 
cooperation with the chaplain(s) will develop and maintain written policy, 
procedure, and practice to provide that inmates have the opportunity to 
participate in practices of their religious faith that are deemed essential by 
the faith's judicatory, limited only by documentation showing threat to the 
safety of persons involved in such activity or that the activity itself disrupts 
order in the facility. 
   
  (6) Chaplain assistance. When a religious leader of an inmate's faith is not 
represented through the chaplaincy staff or volunteers, the chaplain(s) shall 
assist the inmate in contacting such a person. That person shall have the 
appropriate credentials from the faith judicatory and may minister to the inmate 
under the supervision of the chaplain. 
   
  (7) Religious practices. Facility administrators shall ensure written policy, 
procedure, and practice provide that inmates have the opportunity to participate 
in practices of their religious faith that are deemed essential by the faith's 
judicatory, limited only by documentation showing threat to the safety of 
persons involved in such activity or that the activity itself disrupts order in 
the facility. 
   
  (8)  Religious facilities and equipment. Facility administrators shall ensure 
written policy, procedure, and practice require that the facility provide space 
and equipment adequate for the conduct and administration of religious programs. 
The facility provides for the availability of non- inmate clerical staff for 
confidential material. 
   
  (9) Donations. The chaplain(s), in cooperation with the facility administrator 
or designee, shall develop and maintain communications with faith communities 
and approve donations of equipment or materials for use in religious programs. 
 
     
  sec.157.61. Information Systems and Research. A written body of policy and 
procedure establishes the facility's procedures for information storage and 
retrieval, master indexes, daily reports, evaluation, and research. 
 
  (1) Information system. The facility shall contribute to, have access to and 
use of an organized system of information storage, retrieval and review. The 
information system shall be an overall research and decision-making capacity 
relating to both inmate and operational needs. 
   
  (2) Staff training. All staff who have direct access to information in the 
information system shall be trained in and responsive to the system's security 
requirements. 
   
  (3) Sharing of information. The facility administrator or parent agency 
collaborates with criminal justice and service agencies in information 
gathering, exchange, and standardization. 
   
  (4)  Master index and daily reports. Facility administrators shall ensure that 
written policy and procedure provide for an inmate population accounting system 
that includes records on the admission, processing and release of inmates. 
   
  (5) Custody and location. The facility administrator shall ensure the 
maintenance of a system that identifies all inmates in custody and their actual 
physical locations. 
   
  (6) Required records. The facility administrator shall maintain a written 
record of the following: 
 
  (A)  personnel on duty; 
   
  (B) inmate population count; 
   
  (C)  admissions and releases of inmates; 
   
  (D) shift activities; 
   
  (E) entry and exit of physicians, attorneys and other visitors; and 
   
  (F) unusual occurrences. 
     
  (7) Intake. Intake booking information shall be recorded for every person 
admitted to the facility and include at least the following data: 
 
  (A) picture; 
   
  (B)  booking number; 
   
  (C) name and aliases of person; 
   
  (D)  current address (or last known address); 
   
  (E) date, duration of confinement and a copy of the court order or other legal 
basis for commitment; 
   
  (F) name, title and signature of delivering officer; 
   
  (G)  specific charge(s); 
   
  (H) sex; 
   
  (I) age; 
   
  (J) date of birth; 
   
  (K) place of birth; 
   
  (L) race; 
   
  (M) present or last place of employment; 
   
  (N) health status, including any current medical or mental health needs; 
   
  (O) emergency contact (name, relation, address and phone number); 
   
  (P) driver's license and social security numbers; 
   
  (Q) notation of cash and all property; and 
   
  (R) additional information concerning special custody requirements, service 
needs or other identifying information such as birthmark or tattoos. 
     
  (8) Custody. The facility administrator shall ensure that custody records are 
maintained on all inmates committed or assigned to the facility, which include, 
but are not limited to, the following: 
 
  (A)  intake/booking information; 
   
  (B) court-generated background information; 
   
  (C) cash and property receipts; 
   
  (D) reports of disciplinary actions, incidents or crime(s) committed while in 
custody; and 
   
  (E) records of program participation, including work release or trusty 
programs and "good time" accumulated; 
     
  (9) Conduct of research. Facility administrators shall ensure that written 
policy and procedure govern the conduct or research in the facility, including 
compliance with professional and scientific ethics and with state and federal 
guidelines for the use and dissemination of research findings. 
   
  (10) Research. The facility administrator shall review and approve all 
facility research projects prior to implementation to ensure they conform with 
the policies of the parent agency. 
   
  (11) Inmate participation. Facility administrators shall ensure that written 
policy and procedure govern voluntary inmate participation in nonmedical, 
nonpharmaceutical, and noncosmetic research programs. 
 
     
  sec.157.63. Citizen Involvement and Volunteers. A written body of policy and 
procedure establishes the responsibility, screening, training, and operating 
procedures for a citizen involvement and volunteer program. 
 
  (1) Program coordination. The facility administrator shall ensure that the 
facility has a qualified staff person who coordinates the volunteer services 
program. 
   
  (2) Authority and responsibility. Facility administrators shall ensure that 
written policy and procedure specify the lines of authority, responsibility and 
accountability for the facility's citizen involvement and volunteer services 
program. 
   
  (3) Screening and selection. Facility administrators shall ensure that the 
screening and selection of volunteers allows for recruitment from all cultural 
and socioeconomic parts of the community. 
   
  (4) Registration. Each facility shall maintain an official registration and 
identification system for volunteers. 
   
  (5) Offer of professional services. Facility administrators shall ensure that 
written policy specifies that volunteers may perform professional services only 
when they are certified, licensed or qualified to do so. 
   
  (6) Orientation and training. Each facility shall develop and maintain written 
policy, procedure, and practice to provide that each volunteer completes an 
appropriate, documented orientation and/or training program prior to assignment. 
   
  (7) Volunteer agreement. Volunteers shall agree in writing, to abide by all 
facility policies, particularly those relating to the security and 
confidentiality of information. 
   
  (8) Schedule of services. A current schedule of volunteer services will be 
available to all inmates and posted in appropriate areas of the facility. 
   
  (9) Participation in policy making. Facility administrators shall ensure there 
is provision for volunteers to contribute suggestions regarding establishment of 
policy and procedure for the volunteer services program. 
 
     
  sec.157.71. Physical Plant. <ol> Unless otherwise noted, each standard applies 
to existing units, additions, renovations, and/or new plant construction. 
 
   
  sec.157.73. Intent.  The standards for State Jail Felony Facilities (SJFF) are 
intended to provide the architect/engineer with basic data and information 
required to be incorporated into the completed facility. While the SJFF 
standards reflect the experience and requirements of the TDCJ, it is not 
intended to limit the professional judgement of the consultant in matters of 
design or appropriate application of materials and equipment. 
 
   
  sec.157.75. Variance.  Deviation from the provisions of the SJFF standards 
shall be accomplished only through written approval of the TDCJ. 
 
   
  sec.157.77. Security.  It is the policy of the TDCJ, with regard to design and 
engineering criteria, that security is paramount. Efficiency and economy are 
required design considerations. The design of the facility shall minimize the 
number of corrections officers required to maintain adequate supervision through 
the prudent arrangement of building and spaces. Staffing outline should be 
submitted with the design. 
 
   
  sec.157.79. Design Latitude. <ol> Design solutions must be functional. Where 
value engineering provides a lower cost solution meeting the functional and 
program requirements, the lower cost solution shall be used. Items of design 
that are solely related to adding aesthetic appeal to the detriment of 
efficiency are unacceptable. Absolute efficiency without sacrificing security 
shall be the sole basis by which facility design will be evaluated and accepted. 
 
   
  sec.157.81. Building and Safety. Compliance with professional building and 
fire safety codes helps to ensure the safety of all persons within each 
facility. 
 
  (1) Building codes. Each unit shall conform to the editions of the following 
codes and standards current at the completion of contract documents unless 
federal, state or local laws require otherwise. (Subject to paragraph (3) of 
this section). The design shall reference these codes and standards in the 
applicable section of the documents: 
 
  (A)  Uniform Building Code & UBC Standards; 
   
  (B) Uniform Plumbing Code; 
   
  (C) Uniform Mechanical Code; 
   
  (D) National Electrical Code, NFPA Number 70; 
   
  (E) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel 
Code; 
   
  (F) American Society of Heating, Refrigerating and Air Conditioning Engineers 
(ASHRAE): 
 
  (i)  Handbook of Equipment; 
   
  (ii) Handbook of HVAC Systems and Applications; 
   
  (iii) Handbook of Refrigeration Systems and Applications; 
   
  (iv) Handbook of Fundamentals; 
   
  (v)  Handbook of Systems; 
   
  (vi) ASHRAE Standard 55-1981, Thermal Environmental Conditions for Human 
Occupancy; 
   
  (vii)  ASHRAE Standard 62-1981, Ventilation for Acceptable Indoor Air Quality; 
   
  (viii) ASHRAE Standard 90A-1980, Energy Conservation in New Building Design; 
   
  (ix) ASHRAE Standard 100.5-1981, Energy Conservation in Existing Buildings-
Institutional; 
     
  (G) Underwriters Laboratories, Inc. (UL); 
   
  (H) American Society for Testing and Materials (ASTM) Standards in Building 
Codes; 
   
  (I) American Water Works Association (AWWA); 
   
  (J) National Electrical Manufacturers Association (NEMA); 
   
  (K) Sheet Metal and Air Conditioning Contractors National Association 
(SMACNA); 
   
  (L) American Gas Association (AGA) Certification Standards; 
   
  (M) National Sanitation Foundation (NSF) standards and approvals for kitchen 
and scullery equipment, and NSF Standard Number 2 in particular; 
   
  (N) American Concrete Institute (ACI); 
   
  (O) National Concrete Masonry Association Specification for the Design and 
Construction of Load-Bearing Concrete Masonry; 
   
  (P) American Institute of Steel Construction (AISC); 
   
  (Q) American Iron and Steel Institute (AISI) Specification for the Design of 
Cold-Formed Steel Structural Members; 
   
  (R) American Welding Society (AWS); 
   
  (S) American National Standards Institute (ANSI); 
   
  (T) United States Americans with Disabilities Act; 
   
  (U) Texas Elimination of Architectural Barriers; 
   
  (V) National Commission on Correctional Health Care Standards for Jails; 
   
  (W) Federal Aviation Administration Regulations; 
   
  (X) U.S. Environmental Protection Agency-National Primary Drinking Water 
Regulations; 
   
  (Y) Stormwater-40 Code of Federal Regulations (CFR) 122-26; 
   
  (Z) Antiquities: 
 
  (i) 36 CFR 800; 
   
  (ii) National Historic Preservation Act of 1966 as amended; 
   
  (iii) Texas Natural Resource Code Title 9, Chapter 191; 
     
  (AA) Wetlands; 
 
  (i) 33 CFR 320; 
   
  (ii) 40 CFR 230; 
   
  (iii) Clean Water Act, sec.404; 
   
  (iv) Texas Natural Resources Code, Chapters 31, 33, 50; 
     
  (BB) Endangered Species; 
 
  (i) 49 CFR; 
   
  (ii) 50 CFR sec.17.11 and sec.17.12, 200-599; 
   
  (iii) Endangered Species Act of 1973 16 USC 1531-1544; 
   
  (iv) Migratory Bird Treaty Act, 16 USC 703-712; 
   
  (v) Texas Parks and Wildlife Codes, Chapters 67, 68, 88. 
       
  (2) The designer will consider and apply, where relevant, the editions current 
at the completion of contract documents of the codes or standards of the 
following organizations, and will reference them in the applicable section of 
the documents as follows: 
 
  (A) American Society of Mechanical Engineers (ASME) Boiler and Pressure Vessel 
Code; 
   
  (B)  American Society of Heating, Refrigerating and Air Conditioning Engineers 
(ASHRAE): 
 
  (i) Handbook of Equipment; 
   
  (ii) Handbook of HVAC Systems and Applications; 
   
  (iii) Handbook of Refrigeration Systems and Applications 
   
  (iv) Handbook of Fundamentals; 
   
  (v)  Handbook of Systems; 
   
  (vi) ASHRAE Standard 55-1981, Thermal Environmental Conditions for Human 
Occupancy; 
   
  (vii)  ASHRAE Standard 62-1981, Ventilation for Acceptable Indoor Air Quality; 
   
  (viii) ASHRAE Standard 90A-1980, Energy Conservation in New Building Design; 
   
  (ix) ASHRAE Standard 100.5-1981, Energy Conservation in Existing Buildings-
Institutional; 
     
  (C) Underwriters Laboratories, Inc. (UL); 
   
  (D) American Society for Testing and Materials (ASTM) Standards in Building 
Codes; 
   
  (E) American Water Works Association (AWWA); 
   
  (F) National Electrical Manufacturers Association (NEMA); 
   
  (G)  Sheet Metal and Air Conditioning Contractors National Association 
(SMACNA); 
   
  (H) American Gas Association (AGA) Certification Standards; 
   
  (I)  National Sanitation Foundation (NSF) standards and approvals for kitchen 
and scullery equipment, and NSF Standard Number 2 in particular; 
   
  (J)  American Concrete Institute (ACI); 
   
  (K) National Concrete Masonry Association Specification for the Design and 
Construction of Load-Bearing Concrete Masonry; 
   
  (L) American Institute of Steel Construction (AISC); 
   
  (M) American Iron and Steel Institute (AISI) Specification for the Design of 
Cold-Formed Steel Structural Members; 
   
  (N) American Welding Society (AWS); 
   
  (O) American National Standards Institute (ANSI). 
     
  (3) Fire codes. Each unit shall conform to the edition current at the 
completion of contract documents of the National Fire Prevention Association 
(NFPA) National Fire Codes and Life Safety Code NFPA Number 101. Compliance is 
documented on a regular basis by the authority having jurisdiction. The 
authority approves any variances, exceptions or equivalencies that do not 
constitute a serious life safety threat to the unit occupants. NFPA 101 shall 
govern over the codes and standards listed in paragraph (1) and (3) of this 
section, where contradictions occur. 
 
     
  sec.157.83. Size, Organization and Location. The question of facility size is 
most properly approached from the dual perspectives of inmate profile and 
facility mission. This approach encourages flexibility, creativity and 
innovation in meeting safety and quality of life concerns. 
 
  (1)  Functions. Space shall be allocated for, but not limited to, the 
following functions: 
 
  (A) clear zone surrounding perimeter; 
   
  (B) parking; 
   
  (C) service and delivery vehicles; 
   
  (D) inmate housing; 
   
  (E) exercise and recreation; 
   
  (F) visiting; 
   
  (G)  inmate programs; 
   
  (H) library; 
   
  (I) counseling; 
   
  (J)  central food service and dining; 
   
  (K) housekeeping; 
   
  (L)  clothing and supply distribution; 
   
  (M) storage; 
   
  (N)  Mechanical and electrical equipment; 
   
  (O) inmate commissary; 
   
  (P) inmate mail; 
   
  (Q) medical examination and treatment; 
   
  (R) central laundry; 
   
  (S) maintenance; 
   
  (T) hazardous material storage; 
   
  (U) multipurpose rooms; 
   
  (V) barber shops; 
   
  (W) interview rooms; 
   
  (X) facility administrative areas; 
   
  (Y) security staff areas; 
   
  (Z) Chaplain's area; 
   
  (AA) classification management; 
   
  (BB) risk managers office; 
   
  (CC) classification testing (Mode One only); 
   
  (DD) control rooms with sallyports; 
   
  (EE) security equipment storage; 
   
  (FF) inmate reception (all Mode One, some Mode Two); 
   
  (GG) visitor reception and sallyport; 
   
  (HH) vehicle sallyport and shakedown; 
   
  (II) guard towers; and 
   
  (JJ) armory. 
     
  (2) Staff/inmate interaction. Physical plant design facilitates personal 
contact and interaction between inmates and staff. 
   
  (3) Facility size. The size of the facility is variable and is subject to TDCJ 
approval. Facilities are divided into distinct, semiautonomous management units 
that encourage positive staff/inmate interactions and enhance the safety of 
staff and inmates, improves inmate behavior and increases the effectiveness of 
programs and services. 
   
  (4) Unit size. The maximum size of a single management unit is variable and is 
based on the characteristics of its inmate population. The exact size of each 
management unit is determined by: 
 
  (A) the security classification of the inmate occupants (higher security 
levels may require smaller unit size); and 
   
  (B)  the ability of staff to complete regular security checks, maintain visual 
and auditory contact, maintain personal contact and interaction with inmates and 
be aware of unit conditions. 
     
  (5) Single cells. Single cell living units shall not exceed 80 inmates. 
   
  (6) Rated capacity. The number of assigned inmates shall not exceed the unit's 
rated bed capacity. 
   
  (7)  Location. Each unit is located within a 30 minute radius from a Joint 
Commission on Accredidation of Hospital Organization (JCAHO) accredited hospital 
with a Level III emergency room; fire protection and public transportation. 
 
     
  sec.157.85. Site Design Requirements. The standards in this section pertain to 
the site features outside of the facility's perimeter fence. 
 
  (1) Clear zone. Facilities shall maintain a 300 feet wide clear zone between 
it's security perimeter and the closest property line or structure. This clear 
zone shall be devoid of trees or other features that could hinder surveillance 
by security staff. 
   
  (2) Parking. The facility shall provide employee automobile parking at the 
rate of one space per employee on the total of the second and third shifts. 
Visitor parking spaces shall total 15% of the inmate population. In addition, at 
least two spaces shall be provided at each guard tower and at least four spaces 
at vehicle sallyports. 
   
  (3) Patrol road. The facility shall provide a 24 foot wide patrol road within 
100 feet of the secure perimeter, but no closer than 50 feet. The minimum inside 
turning radius shall be 50 feet measured at the edge of pavement. The minimum 
tangent between reverse curves shall be 100 feet. The patrol road shall have 
single access. 
   
  (4) Delivery vehicles. The travel path from the nearest public right of way to 
the vehicle sallyport shall be concrete and designed to withstand the loading of 
semi tractor and trailers. The minimum inside turning radius shall be 50 feet 
measured at the edge of pavement. The minimum tangent between reverse curves 
shall be 100 feet. 
 
     
  sec.157.87. Inmate Housing. <ol> Inmate housing areas are the basis for 
institutional living and as such must promote the safety and well-being of staff 
and inmates. All inmate areas shall provide unobstructed view of all inmates by 
security staff from outside the secure areas. 
 
  (1)  Dormitories. Dormitories shall accommodate 9 to 50 general population 
inmates and shall contain not less than 40 square feet of clear floor space for 
one inmate, plus 18 square feet of clear floor space per each additional inmate. 
Dormitories shall have a bunk for each inmate. Stacking double bunks are 
acceptable. A toilet and lavatory capable of providing drinking water for each 
group of eight inmates or increment thereof shall be provided in each dormitory. 
   
  (2) Multi-occupancy cells. Multi-occupancy cells shall accommodate 1 to 8 
inmates and shall contain not less than 40 square feet of clear floor space for 
one inmate plus 18 square feet of clear floor space per each additional inmate. 
Each multiple-occupancy cell shall have a bunk for each inmate, one toilet and 
one lavatory capable of providing drinking water. Stacking double bunks are 
acceptable. The sum of the number of multiple-occupancy cells and the number of 
administrative segregation cells shall be at least 10% of the unit's rated bed 
capacity. 
   
  (3)  Administrative segregation cells. Administrative segregation cells shall 
approximate the living conditions provided to general population inmates and 
shall house only one inmate each. Cells shall contain not less than 40 square 
feet of clear floor space exclusive of furnishings and shall permit the assigned 
inmate to speak with and be observed by staff. They shall have a bunk, toilet, 
lavatory capable of providing drinking water, desk and seating. The number of 
cells shall be at least 2.5% of the unit's rated bed capacity. 
   
  (4) Medical isolation cells. Medical isolation cells shall be accessible for 
wheelchair bound inmates and shall contain a hospital type bed, shower, toilet 
and lavatory capable of providing drinking water. A vestibule shall separate the 
medical isolation cell(s) from adjacent spaces. Mechanical systems for medical 
isolation cells shall insure that airborne pathogens are not released into the 
outside air or into building spaces. The travel path from the medical isolation 
room to the ambulance evacuation area shall be sized for a gurney. Units of less 
than 1000 inmates shall contain at least one medical isolation cell and units 
with more than 1000 inmates shall contain at least two medical isolation cells. 
The number of medical isolation cells do not count towards the unit's rated bed 
capacity. 
   
  (5) Padded cells. Padded cells shall accommodate one inmate each. At least one 
and, if necessary, additional violent cells shall be provided in each facility 
for the temporary holding of violent persons or persons suspected of insanity. 
The number of violent cells shall not count toward the facility's rated 
capacity. Violent cells shall include the following features and equipment. 
 
  (A) Size. The room or cell shall not have less than 40 square feet of clear 
floor space and a ceiling height of not less than eight feet. 
   
  (B) Furnishings. The cell shall be equipped with a hammock, not less than 2 
feet-3 inches wide and 6 feet-3 inches long, made of an elastic or fibrous 
fabric designed to minimize its use to inflict self-injury. A shelf the length 
of the cell at least 2 feet-3 inches wide and not more than 8 inches above the 
floor covered with padding material identical to that of the floor may be used 
in lieu of the hammock. A flushing-type floor drain with control outside the 
cell shall also be provided. 
   
  (C) Padding. Walls and inside door surfaces shall be completely padded to the 
lower of ceiling or 10 feet high and the floor shall be covered with a material 
to protect the inmate from self-injury. The type of quality materials used for 
padding and floor covering shall be designed to prevent self-injury and have the 
capability of being cleaned. It shall be fire-resistant and non-toxic. 
     
  (6) Bunks. Bunks shall be fire-resistant and not less than 2 feet-3 inches 
wide and 6 feet-3 inches long. Bunks shall be securely anchored and should have 
lockable storage at least 12 inches X 24 inches X 24 inches in size for each 
inmate. 
   
  (7) Water closets and lavatories. Water closets and lavatories shall be 
constructed in such manner and of such material so as to resist vandalism. A 
combination toilet and lavatory constructed of vandal-resistant material is 
recommended. 
   
  (8) Additional furnishings. For administrative segregation cells, multiple-
occupancy cells and dormitories may include desks and seats (mandatory for 
single cells), lockers, mirrors, detention-type electric light fixtures, 
detention-type heating and ventilation grilles and showers. Where light fixtures 
or other appurtenances are recessed in or otherwise made an integral part of 
walls or ceilings, provisions should be made to prevent destruction or removal. 
   
  (9) Dayrooms. Dayrooms shall be provided in close proximity to all inmate 
sleeping areas except for medical isolation cells. Medical isolation cells do 
not get dayrooms. Space shall be provided for varied inmate activities. 
Different classifications of inmates shall not be commingled in the same 
dayroom. 
   
  (10) Space requirements-dayrooms for dormitories shall accommodate not more 
than 50 inmates. Dayrooms shall contain at least 40 square feet of clear floor 
space for one inmate plus 18 square feet of clear floor space for each 
additional inmate. Dormitory dayrooms may be contiguous with inmate sleeping 
areas. 
   
  (11) Space requirements-dayrooms for multiple-occupancy cells shall 
accommodate not more than 24 inmates. Dayrooms shall contain at least 40 square 
feet of clear floor space for one inmate, plus 18 square feet of clear floor 
space for each additional inmate. Multi-occupancy cell dayrooms shall be 
separated from multi-occupancy cells with controlled access from one to the 
other. 
   
  (12)  Furnishings-dayrooms for dormitories and multiple-occupancy cells are 
equipped with a toilet and lavatory capable of providing drinking water for each 
group of eight inmates or increment thereof. A mirror shall be provided at each 
lavatory. They shall also provide a shower for each group of 12 inmates or 
increment thereof. Each dayroom shall be suitably furnished with, but not 
limited to, seating and tables to accommodate the number of inmates to be 
confined therein, one television for each group of 25 inmates and may provide 
dining facilities and other activities. A utility sink shall be provided. Multi-
occupancy cell dayrooms shall be separated from multiple-occupancy cells with 
controlled access from one to the other. 
   
  (13) Space requirements-dayrooms for administrative segregation cells shall 
accommodate one inmate and shall contain at least 100 square feet. The number of 
administrative segregation dayrooms shall be at least 8% of the number of cells. 
   
  (14) Furnishings-dayrooms for administrative segregation cells shall contain a 
toilet, a lavatory capable of providing drinking water, a desk and a chair. They 
should also contain at a minimum, an exercise mat, a television and a chinning 
bar. 
   
  (15) Holding rooms. Holding rooms shall accommodate no more than 12 inmates 
each and shall contain 40 square feet of clear floor space for the first inmate 
and 18 square feet of clear floor space per each additional inmate. Furnishings 
shall include benches against the walls of the rooms to afford the best possible 
visibility of inmates by security staff. Each holding room for two or more 
inmates shall provide a floor drain and cleanable floor surface. Inmate 
reception areas shall contain at least two single occupancy holding rooms 
containing at least 40 square feet of clear floor space. Each holding cell shall 
contain one toilet and lavatory capable of dispensing drinking water. 
   
  (16) Tables and benches. Tables and benches should be constructed of materials 
which will reduce maintenance. They shall be fire-resistant and securely 
anchored to floor or wall surfaces. Benches shall be not less than 12 inches 
wide, and linear seating dimensions shall be not less than 18 inches per person 
to be seated at any one time. Stools shall not be less than 12 inches in 
diameter. 
   
  (17) Detoxification cells. Facilities that do not provide inmate reception 
areas shall provide one or more detoxification cells containing the following. 
 
  (A) Seating. The detoxification cell shall be equipped with stationary benches 
or bunks no higher than 8 inches above the floor. 
   
  (B) Plumbing. The detoxification cell shall be provided with one or more 
vandal-resistive flushing floor drains, or vandal-resistive water 
closet/lavatory/drinking fountain combinations with standard floor drains. The 
floor shall be properly pitched to drains and plumbing shall have outside water 
shutoffs and controls. 
   
  (C) Cell size. The size of the detoxification cell shall be determined by the 
anticipated maximum number of persons received at any one time. A detoxification 
cell shall not accommodate more than 12 persons and shall have a minimum of 40 
square feet of floor space for one person plus 18 square feet of floor space per 
additional person. 
   
  (D) The floor and wall materials shall be durable and easily cleaned. 
   
  (E) Supervision. The detoxification cell shall be constructed to facilitate 
supervision of the cell area and to materially reduce noise. 
     
  (18) Toilets. Should be constructed in such manner and of such material so as 
to resist vandalism. A combination toilet and lavatory constructed of vandal-
resistant material is recommended. Inmates should have access to toilets and 
hand washing facilities 24-hours per day and are able to use toilets without 
staff assistance when they are confined in their sleeping areas. Dormitory and 
multiple-occupancy cell toilets are provided at the rate of one for every group 
of eight inmates or increment thereof. Urinals may be substituted for up to one-
half of the toilets in male facilities. Modesty shields in inmate toilet areas 
are not allowed. 
   
  (19) Lavatories. Lavatories shall be constructed in such manner and of such 
material so as to resist vandalism. A combination toilet and lavatory 
constructed of vandal-resistant material is recommended. Inmates have access to 
operable wash basins with temperature controlled hot and cold running water in 
the housing units at a minimum ratio of one lavatory for every eight inmates. 
   
  (20)  Showers. Shower areas shall be not less than 2 feet-6 inches square per 
showerhead and not less than 7 feet-0 inches high. Construction should be of 
materials which resist the action of soap and water and which cannot be easily 
damaged by acts of vandalism. Drying areas of not less than 2 feet-6 inches 
square sloped to a drain should be provided adjoining the shower entrance. 
Inmates have access to operable showers with temperature controlled hot and cold 
running water at a minimum ratio of one shower to every 12 inmates. Water is 
thermostatically controlled to temperatures ranging from 100 Degrees Fahrenheit 
to 108 Degrees Fahrenheit to ensure the safety of inmates. 
   
  (21) Housing for the handicapped. Within all facilities, inmate areas shall 
comply with the provisions of the United States Americans with Disabilities Act 
and the State of Texas Elimination of Architectural Barriers Act for the 
mobility impaired in all aspects that do not compromise the safety of inmates 
and/or staff. Facilities shall provide for a handicapped inmate population of 
2.0% of the total inmate population. Handicapped inmates may be segregated in 
common housing units. At least one administrative segregation cell shall be 
handicapped accessible. Facilities need not accommodate inmates with handicaps 
other than mobility impairments. 
 
     
  sec.157.89. Environmental Conditions. <ol> Environmental conditions 
significantly influence unit operations. Acceptable standards for lighting, air 
quality, temperature and noise levels promote the health and well-being of staff 
and inmates while enhancing unit order and security. 
 
  (1) Light levels. Lighting throughout the unit is determined by the tasks 
performed, surface finishes and colors, type and spacing of light sources, 
outside lighting, shadows and glare. Exteriors of buildings and outdoor 
recreation yards shall be lighted at night sufficiently for security staff to 
observe all inmate activity. Exterior light fixtures shall be positioned to 
eliminate glare at the picket towers. 
   
  (2) Inmate cells. Inmate living areas shall be equipped with lighting that 
provides an average of 20 foot candles at the desk and grooming station of 
illumination during non-sleeping hours and 3 foot candles during sleeping hours. 
   
  (3) Natural light-inmate sleeping areas. Detention grade windows and/or 
skylights shall be provided in all dormitories, multiple occupancy cells and 
administrative segregation cells. Operable windows are required in non-air 
conditioned inmate housing areas. 
   
  (4) Dayrooms. Windows and/or skylights shall be provided in all dayrooms for 
dormitories and multiple occupancy cells. Administrative segregation dayrooms 
shall provide a minimum of three square feet of transparent glazing with a view 
to the outside. 
   
  (5) Noise levels. Noise levels in inmate housing units shall not exceed 70 dBA 
(A scale) in daytime and 45 dBA (A scale) at night. 
   
  (6) Indoor air quality-winter ventilation. Systems shall circulate at least 15 
cubic feet per minute of outside air per occupant for all occupied spaces 
subject to paragraphs (8) and (10) of this section. Winter exhaust systems shall 
insure positive pressurization of inmate living areas. 
   
  (7) Indoor air quality-summer ventilation. Systems shall provide at least 15 
air changes per hour in all non-air conditioned occupied spaces subject to 
paragraphs (8) and (10) of this section. Programmatic space and administrative 
areas shall be air conditioned. 
   
  (8) Restroom ventilation. Systems shall circulate the following amounts of 
fresh air. 
 
  (A) Winter season-the greater of 12.5 cubic feet per minute per inmate or 1.2 
times the required toilet and shower exhaust fan airflow. 
   
  (B) Summer season-15 air change per hour. 
     
  (9)  Restroom exhaust. Systems shall provide the following air flows: 
 
  (A)  Toilet exhaust fans-1.5 cubic feet per minute per square foot of floor 
space used for toilets, urinals, and lavatories. 
   
  (B) Shower exhaust fans-the greater of two cubic feet per minute per square 
foot of shower stall or 50 cubic feet per minute per showerhead. 
   
  (C) All toilet exhaust fans shall operate continuously regardless of season. 
     
  (10) Kitchen ventilation. Systems shall provide 15 air changes per hour during 
all time that the kitchen is in use, regardless of season. Air flow from exhaust 
hood may count toward this standard. Kitchen area ventilation systems shall 
provide pressure differentials on the following descending order: 
 
  (A) dining rooms; 
   
  (B) kitchen preparation areas; 
   
  (C) pot scrub areas; and 
   
  (D) sculleries. 
     
  (11) Dry food storage areas. Shall have ventilation systems capable of 
providing 15 air changes per hour in the summer. 
   
  (12) Exhaust hood. Each exhaust hood serving kitchen equipment shall exhaust 
no less than 150 cubic feet per minute per linear foot of hood perimeter and 
shall conform to the Uniform Mechanical Code, sec.2003(g). 
   
  (13) Scullery. Each scullery shall have exhaust systems capable of providing 
at least 30 air changes per hour. 
   
  (14) Pot scrub area. Each pot scrub area shall have exhaust systems capable of 
providing 20 air changes per hour. 
   
  (15) Heating and cooling. All mechanical equipment for heating and air 
movement shall be designed to provide a temperature level between 68 degrees 
Fahrenheit and 78 degrees Fahrenheit during the winter season. All staff and 
inmate program areas shall be air conditioned. Administrative segregation cells 
shall provide tempered air. 
 
     
  sec.157.91. Program and Service Facilities. Adequate space is essential for 
the various programmatic, non-programmatic and service functions conducted on 
each unit. 
 
  (1) Outdoor recreation. Inmates of different security levels shall not be 
commingled in outdoor or indoor recreation areas. An outdoor recreation area 
shall be provided specifically for each housing unit and shall accommodate all 
of the inmates at one time from within that housing unit. Outdoor recreation 
areas shall provide 100 net square per inmate and each yard shall have a maximum 
capacity of 200 inmates. 
   
  (2)  Indoor recreation. Indoor gymnasiums and/or covered exercise areas shall 
be provided. They shall contain at least six square feet per inmate for the 
total number of inmates in the facility with a minimum ceiling height of 18 
feet. Indoor or covered exercise areas shall contain not less than 1,000 square 
feet of unencumbered space. 
   
  (3) Administrative segregation recreation. Outdoor exercise areas for 
administrative segregation inmates shall accommodate one inmate and shall 
contain at least 350 square feet. The number of administrative segregation 
outdoor exercise areas shall be at least 8.0% of the number of cells. 
   
  (4) Visiting. Non contact visitation booths shall total .5% of the total 
inmate population. Sufficient space is provided for contact and non-contact 
visitation. There is adequate space to permit the screening and searching of 
inmates and visitors. Appropriate hygiene facilities are contained in the areas 
allowing for convenient access consistent with security concerns. Space is 
provided for the proper storage of visitors' coats, handbags and other personal 
items not allowed into the visiting area. 
   
  (5) Inmate programs. In units offering academic and vocational training 
programs, classrooms are designed in consultation with school authorities. 
Classrooms shall be designed for a maximum of 24 students and shall provide 35 
square feet per student. Individual classrooms may be separated with a moveable 
partition to provide larger group meeting rooms. Inmate dayrooms may be utilized 
for classrooms when the only inmates in the class are those residing in that 
dayroom. 
   
  (6) Library. Facilities shall contain a central library book repository of 
fiction and nonfiction reading and a separate legal resource library to meet the 
needs of the institutional staff and inmates. Book distribution may occur either 
in a central reading room or through a delivery system to the inmate housing 
areas. 
   
  (7) Counseling. Facilities shall provide office space for counselors at the 
rate of one counselor per 150 inmates. Inmate counseling may occur in any other 
functional spaces (e.g., dayrooms of subject inmates, classrooms, multi-purpose 
rooms, etc.). 
   
  (8) Central food service and dining. Each facility shall provide a central 
kitchen for the daily preparation of meals in accordance with sec.157.45(12) of 
this title (relating to Food Service). Equipment and spaces shall be arranged to 
provide adequate security with the least number of corrections officers. 
 
  (A) Food preparation. The size of the food preparation areas shall be 
determined by TDCJ and will be based on population size, type of food 
preparation and methods of meal service . 
   
  (B) Food storage. Provide appropriate and sanitary facilities for both dry 
and/or refrigerated storage of all foods. 
   
  (C) Dining rooms. Provide central dining rooms to seat a maximum of 150 
inmates which are sufficient in number to serve all meals within two and one 
half hours while giving each inmate 20 minutes of dining time for each meal. 
   
  (D)  Restrooms. Toilet and lavatory facilities are available to food service 
personnel and inmates in the vicinity of the food preparation area. 
   
  (E)  Staff dining. Facilities shall provide a dining area for institutional 
staff. 
   
  (F) In-cell feeding. Meals may be served to inmates assigned to dormitories or 
multiple-occupancy cells either in central dining rooms or in their dayrooms. 
Inmates assigned to administrative segregation cells and medical isolation cells 
shall have their meals served in their cells. 
   
  (G)  Grease interceptor. Plumbing systems shall prohibit the introduction of 
excessive amounts of grease and/or suspended solids into the sewer system. 
   
  (H) Hot storage. Provide secure storage space for controlled ingredients. 
   
  (I) Shakedown. Provide shakedown area for inmate work crews. 
   
  (J) Guard station. Provide guard stations in food preparation areas to 
maintain adequate supervision with the minimum security staff. 
   
  (K) Security division. Provide appropriate secure divisions between functional 
areas of the kitchen and dining. 
     
  (9) Housekeeping. Space is provided for janitorial closets which are 
accessible to activity and living areas. The closets provide space for a sink, 
cleaning implements and supplies in proportion to the spaces served. 
   
  (10) Clothing and supplies. The unit provides space for the storage and 
issuance of clean clothing, bedding, cleaning supplies, and other items required 
for daily operations. 
 
  (A)  Inmate property. Space is provided for storing authorized personal 
property and legal material of inmates safety and securely. 
   
  (B)  Facility storage. Facilities provide 2.5 square feet of storage space for 
spare per inmate for furniture, fixtures and equipment. 
   
  (C) General storage. Facilities provide adequate space within each functional 
area for the storage of items used in that area. 
     
  (11) Personal property. Space is provided for facility and general storage and 
for storing authorized personal property and legal material of inmates safety 
and securely. 
 
  (A)  Inmate property. Space is provided for storing authorized personal 
property and legal material of inmates safety and securely. 
   
  (B)  Facility storage. Facilities provide 2.5 square feet of storage space for 
spare per inmate for furniture, fixtures and equipment. 
   
  (C) General storage. Facilities provide adequate space within each functional 
area for the storage of items used in that area. 
     
  (12) Mechanical and electrical equipment. Separate and adequate space is 
provided for mechanical and electrical equipment. 
   
  (13) Inmate commissary. Adequate space is provided at each unit for an inmate 
commissary. The commissary should be centralized. 
   
  (14) Inmate mail. Facilities shall provide adequate space to receive, sort and 
distribute incoming inmate mail and receive and forward outgoing inmate mail. 
   
  (15) Health services. Based on the availability of outside services, TDCJ will 
determine the health service requirements of the facility. Facilities shall 
provide adequate space for the following functions subject to the TDCJ's 
determination. 
 
  (A) Exam rooms. Provide examination and treatment rooms for medical, dental 
and mental health care large enough to accommodate the necessary equipment and 
fixtures, and to permit privacy for the inmate-patients. 
   
  (B) Offices and storage. Provide sufficient space for pharmaceuticals, medical 
supplies and mobile emergency equipment and for storage of medical records. 
Provide office space with administrative files, writing desks and shelves for 
publications. 
   
  (C) Psychiatric services. Provide private interviewing spaces, desks, chairs 
and lockable file space for the provision of psychiatric services. 
   
  (D) Radiology and laboratory. If laboratory, radiological, inpatient or 
specialty services are provided on site, the area(s) devoted to any of these 
services is appropriately constructed and sufficiently large to hold equipment 
and records and for the provisions of the services themselves. 
   
  (E) Waiting area. Provide a waiting area with seats, drinking water and access 
to toilets for inmate-patients during sick call. Provide separate and secure 
waiting areas for inmates undergoing medical in-processing. 
   
  (F) Medical isolation cells. Medical isolation cells shall comply with 
sec.157.87(D). 
   
  (G) Review. Unless otherwise directed by the TDCJ, the design of health 
services facilities shall comply with the written review of the Texas Department 
of Health. 
     
  (16) Centralized laundry. Based on the availability of outside laundry 
services, the TDCJ will determine which facilities shall provide central 
laundries. Space and equipment for the laundering of inmate clothing and bedding 
shall comply with the requirements of sec.157.47 of this title (relating to 
Sanitation and Hygiene). 
   
  (17)  Maintenance. Facilities shall provide secure and adequate space for 
equipment, materials storage, fabrication, repairs and administration for the 
maintenance of the physical plant and grounds. 
   
  (18) Multi-purpose rooms. Facilities shall provide at least one multi-purpose 
room for each group of 200 inmates in the inmate housing unit. Each multi-
purpose room shall contain at least 600 square feet. 
   
  (19) Hair care services. Facilities shall provide space for hair care services 
at each inmate housing unit. Hair care services shall comply with applicable 
health regulations. 
   
  (20)  Interview rooms. Facilities shall provide at least one interview room 
per group of 100 inmates in the inmate housing units. Interview rooms shall 
contain at least 72 square feet. 
 
     
  sec.157.93. Administrative and Staff Areas. All levels of staff must be 
provided with space sufficient to carry out their responsibilities safely and 
effectively. 
 
  (1) Facility administrative areas. Space is provided for administrative, 
security, professional and clerical staff to include conference rooms, storage 
area for records, toilet facilities and a public lobby. 
   
  (2) Security staff areas. Staff needs are met through providing adequate 
spaces in locations that are convenient for use. Staff are provided with, but 
not limited to, the following: 
 
  (A) An area to change clothes and to shower. 
   
  (B) An area, room and/or employee lounge that offers privacy from inmates and 
provides space for meals. 
   
  (C)  Space for training. 
   
  (D) Space for shift change briefings. 
   
  (E) Toilets and wash basins that are not used by inmates. 
     
  (3)  Accessibility to the handicapped. Public and staff areas shall comply 
with all the provisions of the United States Americans with Disabilities Act and 
the State of Texas Elimination of Architectural Barriers Act. Non-correctional 
staff areas shall comply with those regulations specific to the mobility 
impaired. Corrections officers by policy are non- handicapped and areas specific 
to these officers need not comply with the requirements previously listed. 
   
  (4) Chaplains area. Facilities shall provide adequate space and equipment for 
the conduct and administration of religious programs. Religious programs may 
utilize other inmate program spaces wherever possible (e.g., classrooms with 
operable partitions). 
   
  (5) Classification. Facilities shall provide adequate space and equipment for 
the following functions: 
 
  (A) Community Supervision and Transitional Planners; 
   
  (B) Classification Case Managers; 
   
  (C) Classification Processing; and 
   
  (D) Inmate Reception Housing. 
 
       
  sec.157.95. Security.  The physical plant and layout supports and enhances the 
secure and orderly function of each facility. The design of the facility shall 
minimize the number of corrections officers required to maintain adequate 
supervision through prudent arrangement of buildings and spaces. 
 
  (1) Central control rooms. Every unit has a secure central control room which 
provides a 24 hour monitoring and coordinating of the security, safety, and 
communications systems. This control room shall provide one hour protection from 
non-ballistic assault. Transparent glazing shall meet WMFL Level Two test 
standards for this criteria. The central control room shall provide access to a 
lavatory and toilet. 
   
  (2) Control rooms. Areas containing groups of 200 or less inmates shall 
provide a secure control room. These control rooms provide for 24 hour 
monitoring and coordinating of the security, safety and communication system of 
that housing area group. These control rooms shall provide 30 minute protection 
from non-ballistic assault. Transparent glazing shall meet WMFL Level Three test 
standards for this criteria. 
   
  (3) Pedestrian sallyport. All inmate areas are separated from public and staff 
areas with pedestrian sallyports consisting of two electronically interlocked 
doors such that both doors are not simultaneously open except in emergency. 
   
  (4) Vehicle sallyport. All vehicle entrances at the security perimeter and 
inmate reception unloading areas shall be made secure by remotely controlled 
electrically operated doors or gates for entrance and exit. The doors or gates 
shall be electronically interlocked so that both sides of the vehicle sallyport 
are not open at the same time. 
   
  (5) Security perimeter. The facility shall be enclosed with a double perimeter 
fence at an average distance of 100 feet from buildings within the facility, but 
not less than 50 feet. The area between the buildings shall be devoid of trees 
and other features that obscure surveillance of this area by security staff. 
   
  (6) Entrances and exits. Pedestrians and vehicles enter and leave at 
designated points in the perimeter. Safety vestibules, turnout gates and 
sallyports constitute the only breaches in the perimeter of institutions. All 
inmate areas are separated from public areas by two electronically interlocked 
doors such that both doors are not simultaneously open except in emergency. 
These doors shall be operated from inside secure control rooms or from outside 
the perimeter security fences. 
   
  (7) Security equipment storage. Firearms, chemical agents and other security 
items are stored in separate, but readily accessible unit armories which are 
outside inmate housing and activity areas. 
   
  (8) Guard towers. Facilities may provide guard towers to ensure full view by 
security staff of the entire length of the inner fence surface of the security 
perimeter. Guard towers shall be tall enough for mutual observation from all 
towers. The maximum distance between guard towers shall be 750 feet. 
   
  (9) Armory. Firearms, chemical agents and other security items are stored in 
separate, but readily accessible armories which are outside the security 
perimeter. 
   
  (10) Inmate reception. The TDCJ will determine if the facility provides inmate 
reception areas and, if so, they shall comply with the following standards. 
 
  (A) Vehicle sallyport. A vehicle sallyport shall be situated at the inmate 
entrance to the inmate reception area. The sallyport shall accommodate a 46 
passenger bus and the vehicle travel path shall provide for the door side of the 
bus to be adjacent to the building. 
   
  (B)  Holding rooms. Inmate reception areas shall provide holding rooms to 
accommodate the maximum number of inmates anticipated to arrive at one time. 
   
  (C) Detoxification cells. Facilities shall provide one or more detoxification 
cells. 
   
  (D) Shakedown area. Inmate reception areas shall provide an enclosed, heated 
area for an initial strip search of arriving inmates. 
   
  (E) Property and necessities handling area. Inmate reception areas shall 
provide secure spaces for staff to receive and inventory inmate property and 
distribute necessities. 
   
  (F) Barber area. Inmate reception areas shall provide adequate space and 
equipment to cut the hair of incoming inmates. 
   
  (G) Showers. Inmate reception areas shall provide adequate showers in 
accordance with sec.157.87(20) of this title (relating to Inmate Housing). 
   
  (H) Finger printing. Inmate reception areas shall provide adequate space and 
equipment for fingerprinting inmates. 
   
  (I)  Photo I.D. Inmate reception areas shall provide adequate space and 
equipment for the production of a photo identification card for each inmate. 
   
  (J) Assessment. Inmate reception areas shall provide at least one private 
interview room of at least 64 square feet for the initial classification 
interview. 
   
  (K) Incoming inmate property. Inmate reception areas shall provide adequate 
secure space for the storage, packing and shipment of incoming inmate property. 
   
  (L) Incoming inmate necessities. Inmate reception areas shall provide adequate 
secure storage space for inmate necessities. 
   
  (M) Reception waiting areas. Inmate reception areas shall provide adequate 
space and benches for inmates waiting for the various steps in their processing. 
   
  (N) Pedestrian sallyports. Inmate reception areas shall be adjacent to and 
separated from multiple-occupancy inmate housing and classification processing 
areas with pedestrian sallyports. 
   
  (O) Commingling. Inmate reception areas shall prohibit contact between 
processed and unprocessed inmates. 
   
  (P)  Security. The physical arrangement of spaces provides for adequate 
supervision of inmates by the least number of security staff from the time the 
inmates leave the bus until they leave the inmate reception area. 
     
  (11)  Visitor reception. The facility shall provide adequate space outside the 
security perimeter to receive public visitors. The visitor reception area shall 
contain public restrooms, a secure control room and a pedestrian sallyport 
through the security perimeter. 
   
  (12) Administrative segregation inmate property. Facilities shall provide 
adequate space to temporarily store unauthorized inmate possessions while that 
inmate is assigned to administrative segregation. 
   
  (13) Fire road. Facilities shall provide roads within the security perimeter 
affording fire fighting vehicles and equipment adequate access to all buildings. 
The distance from the fire road to the inner surface of the security perimeter 
shall be at least 30 feet. 
 
     
  sec.157.97. Construction Approval Rules. 
 
  (a) Mode One facilities. TDCJ-SJD shall contract with the Institutional 
Division (ID) of the TDCJ, for the design and construction of all Mode One 
facilities. 
   
  (b)  Mode Two facilities. TDCJ-CJAD, shall contract with or award grants to 
CSCDs to implement State Jail facilities. The CSCDs may contract with private 
vendors or the county for the design, construction and operation of Mode Two 
facilities. The SJD, with board approval, may contract with private vendors or 
counties for the design, construction and operation of Mode Two facilities. 
   
  (c) Initial contract. When the construction of the new facility, or an 
addition to or the remodeling of an existing facility is being considered, the 
contracting entity shall provide the TDCJ with an analysis of need and 
requirements of the project for review and opinion of concepts. When requested 
by the applicant, TDCJ staff will assist in making an initial analysis of 
applicant needs and programming the requirements of the project. 
   
  (d)  Appointment of architect/engineer. All new construction or extensive 
remodeling of facilities should be carried out under the terms of an agreement 
in the latest edition of AIA Document B141 entitled, "Owner-Architect Agreement" 
issued by the American Institute of Architects, or other mutually agreeable 
contract entered into between the applicant and an architect or engineer 
licensed to practice in the State of Texas and shall be approved by TDCJ. 
   
  (e) Information submissions. The applicant or applicant's representative shall 
furnish TDCJ information, during the planning and construction stages of any 
facility. Complete submittals of all information presented to the applicants, 
including an analysis of projected construction cost prepared by the architect 
and projected costs of operation prepared by the architect shall be made to TDCJ 
in no less than five days after said submissions are made to the applicant at 
the following stages of planning. 
 
  (1) Schematic design. On completion of the schematic design phase at the time 
schematic design studies illustrating the scale and relationship of project 
components and cost estimates are submitted to the applicant for approval. 
   
  (2) Design development. On completion of the design development stage when 
drawings and other documents to fix and describe the size and character of the 
entire project as to structural, mechanical and electrical systems, life safety 
and detention locking systems, materials, cost estimates and such other 
essentials as may be appropriate are submitted to the applicant. 
   
  (3) Construction documents. On completion of all construction documents 
including drawings and specifications setting forth in detail requirements for 
the construction of the entire project including necessary bidding information 
and bidding forms and final cost estimates of construction cost and operation 
cost. These documents shall include the conditions of the construction contract 
or contracts and the form of agreement to be entered into between the applicant 
and the contractor or contractors. 
     
  (f) Official comments. Each time a submission is made, as required in 
subsection (e) of this section, notification shall be given directly to the TDCJ 
by the applicant that they have reviewed the information furnished. In the event 
any element of the information submitted is objected to or disapproved by the 
applicant, and if the applicant desires for their position to be known to the 
TDCJ, written notification of their objection and reasons thereof shall be given 
to the TDCJ or applicant at the time information is submitted. 
   
  (g) Approval. Within 30 days of receiving the contract documents as submitted 
by the applicant, the TDCJ will respond in writing with approval or disapproval 
of the building as complying with the minimum standards established by rules and 
procedures of TDCJ-SJD. If approval is not given, an explicit description of the 
items which are not approved shall be given by TDCJ along with an explicit 
description of the remedy or remedies necessary. The TDCJ will send the reply 
directly to the applicant and architect. 
   
  (h) Addendums, substitutions and changes. Copies of all proposed addendums 
prepared during the bidding phase shall be forwarded to the TDCJ prior to being 
issued. The TDCJ will respond in writing, giving approval or disapproval 
promptly to the architect, not longer than seven days after receiving said 
request. Modifications, changes and all substitutions of material or equipment 
as an equal for those specified in the approved contract documents must receive 
written approval by the TDCJ prior to the change order or substitution approval 
being issued. Emergency approval of addendum, modifications, substitutions or 
changes may be sought and obtained by telephone or telegraph from TDCJ which 
will subsequently issue a confirming answer in writing. 
   
  (i) Inspections. Final inspection of the completed facility to determine 
compliance with approved contract documents and SJFF standards shall be made 
before acceptance by the applicant, by a team including TDCJ staff, the 
architect, the applicant and the county officer or employee responsible for 
construction. TDCJ reserves the right to make regular or site inspections during 
construction in accordance with established TDCJ procedures. 
   
  (j) Comment on compliance. Within ten calendar days after the final 
inspection, the TDCJ will notify the applicant whether or not the facility has 
met the standards and of any granted variances. The guidelines for compliance 
shall be the previously approved contract documents and the established rules 
and procedures of the SJFF standards. 
   
  (k) Occupancy. The facility shall not be occupied until the applicant has 
received written statement of compliance with approved contract documents and 
SJFF standards from the TDCJ. 
 
  This agency hereby certifies that the proposal has been reviewed by legal 
counsel and found to be within the agency's authority to adopt. 
 Issued in Austin, Texas, on September 27, 1993. 
 TRD-9329540 
  Cynthia Milne 
 General Counsel 
 Texas Department of Criminal Justice 
    Proposed date of adoption: November 19, 1993 
 For further information, please call: (512) 294-2141