TITLE 37.PUBLIC SAFETY AND CORRECTIONS

Part 5. TEXAS BOARD OF PARDONS AND PAROLES

Chapter 145. PAROLE

Subchapter A. PAROLE PROCESS

37 TAC §145.17

The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §145.17, concerning action upon special review of information not previously available--release denied. The amendment is adopted without change to the proposed text as published in the March 4, 2005, issue of the Texas Register (30 TexReg 1260). The text of the rules will not be republished.

The amended rule is adopted in order to clarifying the procedures regarding subsequent reviews of parole panel votes to deny release to parole or mandatory supervision.

No public comment was received regarding adoption of the amendment.

The amended rule is adopted under §§508.0441,508.045, 508.141, and 508.147, Government Code. Sections 508.0441, 508.045, 508.141, and 508.147 authorize the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to parole or mandatory supervision; to act on matters of release to parole or mandatory supervision; to consider and order release on parole; and release to mandatory supervision.

This agency hereby certifies that the adoption has been reviewed by legal counsel and found to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on May 23, 2005.

TRD-200502059

Laura McElroy

General Counsel

Texas Board of Pardons and Paroles

Effective date: June 12, 2005

Proposal publication date: March 4, 2005

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