Part 6.
TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 152.
CORRECTIONAL INSTITUTIONS DIVISION
Subchapter A. PRISON ADMISSIONS
37 TAC §152.1, §152.6
The Texas Board of Criminal Justice adopts the repeal of §152.1
and §152.6, concerning Prison Admissions, without changes to the proposal
as published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7708).
The purpose of the repeal is to create a blank slate for rewriting obsolete
provisions governing the capacity of the Texas Department of Criminal Justice
facilities, and to provide revised rules governing the Correctional Institutions
Division in general.
No comments were received regarding the proposal.
The repeal is adopted under Texas Government Code, §492.010.
Cross Reference to Statutes: Texas Government Code, §492.010
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 January 31, 2006.
TRD-200600495
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 20, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
37 TAC §§152.1, 152.3, 152.5
The Texas Board of Criminal Justice adopts new §§152.1,
152.3, and 152.5, concerning Mission and Admissions, without changes to the
proposed text as published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7708).
The purpose of the new sections is to define the purpose regarding admissions
and state jail regions.
No comments were received regarding the proposal.
The new sections are adopted under Texas Government Code, §§492.010,
499.102, et seq.
Cross Reference to Statutes: Texas Government Code, §§492.102,
et seq.
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 January 31, 2006.
TRD-200600514
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 20, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
37 TAC §§152.10 - 152.16
The Texas Board of Criminal Justice adopts the repeal of §§152.10
- 152.16, concerning Maximum System Capacity of the Correctional Institutions
Division, without changes to the proposal as published in the November 18,
2005, issue of the
Texas Register
(30 TexReg
7709).
The purpose of the repeal is to create a blank slate for rewriting obsolete
provisions governing the capacity of the Texas Department of Criminal Justice
facilities, and to provide revised rules governing the Correctional Institutions
Division in general.
No comments were received regarding the proposal.
The repeal is adopted under Texas Government Code, §492.010.
Cross Reference to Statutes: Texas Government Code, §492.010
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 January 31, 2006.
TRD-200600507
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 20, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
37 TAC §§152.21, 152.23, 152.25, 152.27, 152.29
The Texas Board of Criminal Justice adopts new §§152.21,
152.23, 152.25, 152.27 and 152.29, concerning Correctional Capacity, without
changes to the proposed text as published in the November 18, 2005, issue
of the
Texas Register
(30 TexReg 7710).
The purpose of the new sections is to replace obsolete provisions, establish
the maximum capacity of individual units and systems of units, and describe
constraints upon capacity determinations. Capacity determinations are no longer
affected by Ruiz v. Johnson, Cause Number H-78-987, Southern District of Texas,
Houston Division; that case was completely dismissed in June of 2002. This
chapter is intended to provide guidance to corrections officials and to policymakers
for the sound determination and management of correctional capacity. This
chapter is not intended to create a liberty interest or grant a right on the
part of an offender within the custody of the Texas Department of Criminal
Justice.
No comments were received regarding the proposal.
The new sections are adopted under Texas Government Code, §§492.010,
499.102, et seq.
Cross Reference to Statutes: Texas Government Code, §§499.102,
et seq.
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 January 31, 2006.
TRD-200600516
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 20, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
Subchapter A. INVESTIGATIONS OF ABUSE, NEGLECT, OR EXPLOITATION IN A FACILITY OPERATED BY THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE
37 TAC §§153.1 - 153.7
The Texas Board of Criminal Justice adopts the amendments
to §§153.1 - 153.7, concerning Investigations of Abuse, Neglect,
or Exploitation in a Facility Operated by the Texas Department of Criminal
Justice, without changes to the proposed text as published in the November
18, 2005, issue of the
Texas Register
(30
TexReg 7712).
These revisions are necessary to make minor non-substantive changes to
conform to existing organizational structure and law.
No comments were received regarding the proposal.
The amendments are adopted under Texas Human Resources Code,
Chapter 48, Investigations and Protective Services for Elderly and Disabled
Persons.
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 January 31, 2006.
TRD-200600518
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 20, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
Subchapter A. ADMISSIONS AND ALLOCATIONS
37 TAC §§157.1, 157.3, 157.4
The Texas Board of Criminal Justice adopts the repeal of §§157.1,
157.3, and 157.4, concerning Admissions and Allocations, without changes to
the proposal as published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7715).
The purpose of the repeal is to remove from rule language the lengthy requirements
that governed the inception of the state jail system (See Chapter 507, Texas
Government Code, as enacted by Senate Bill 532, 1993), when both public and
private state jails were under construction and newly opening. Provisions
governing state jail regions and admissions are being transferred to 37 TAC
Chapter 152.
No comments were received regarding the proposal.
The repeal is adopted under Texas Government Code, §492.010.
Cross Reference to Statutes: Texas Government Code, §492.010
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 January 30, 2006.
TRD-200600488
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 19, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
37 TAC §§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
The Texas Board of Criminal Justice adopts the repeal of §§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,
and 157.63, concerning Operational Standards, without changes to the proposal
as published in the November 18, 2005, issue of the
Texas Register
(30 TexReg 7715).
The purpose of the repeal is to remove from rule language the lengthy requirements
that governed the inception of the state jail system (See Chapter 507, Texas
Government Code, as enacted by Senate Bill 532, 1993), when both public and
private state jails were under construction and newly opening. Provisions
governing state jail regions and admissions are being transferred to 37 TAC
Chapter 152.
No comments were received regarding the proposal.
The repeal is adopted under Texas Government Code, §492.010.
Cross Reference to Statutes: Texas Government Code, §492.010
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 January 30, 2006.
TRD-200600490
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 19, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
37 TAC §§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 Board of Criminal Justice adopts the repeal of §§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 Physical Plant Standards, without changes
to the proposal as published in the November 18, 2005, issue of the
The purpose of the repeal is to remove from rule language the lengthy requirements
that governed the inception of the state jail system (See Chapter 507, Texas
Government Code, as enacted by Senate Bill 532, 1993), when both public and
private state jails were under construction and newly opening. Provisions
governing state jail regions and admissions are being transferred to 37 TAC
Chapter 152.
No comments were received regarding the proposal.
The repeal is adopted under Texas Government Code, §492.010.
Cross Reference to Statutes: Texas Government Code, §492.010
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 January 30, 2006.
TRD-200600491
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 19, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
37 TAC §159.15
The Texas Board of Criminal Justice adopts new §159.15,
concerning the GO KIDS (Giving Offenders' Kids Incentive and Direction to
Succeed) Initiative, without changes to the proposed text as published in
the November 18, 2005, issue of the
Texas Register
(30 TexReg 7717).
The purpose of the rule is to notify the public about a new initiative
in the Texas Department of Criminal Justice for children of those persons
under criminal justice supervision in Texas.
No comments were received regarding the proposal.
The new section is adopted under Texas Government Code, §492.010.
Cross Reference to Statutes: Texas Government Code, §492.010
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 January 31, 2006.
TRD-200600517
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: February 20, 2006
Proposal publication date: November 18, 2005
For further information, please call: (512) 463-9693
Subchapter A. MISSION AND ADMISSIONS
Subchapter B. MAXIMUM SYSTEM CAPACITY OF THE CORRECTIONAL INSTITUTIONS DIVISION
Subchapter B. CORRECTIONAL CAPACITY
Chapter 153.
INTERNAL INQUIRIES
Chapter 157.
STATE JAIL FELONY FACILITIES
Subchapter B. OPERATIONAL STANDARDS
Subchapter C. PHYSICAL PLANT STANDARDS
Chapter 159.
SPECIAL PROGRAMS
Chapter 195.
PAROLE