Part 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
Chapter 29. PRACTICE AND PROCEDURE
The Texas Department of Public Safety proposes to amend §29.9, concerning Service of Pleadings and Motions.
Amendment to subsection (b) adds ''regular mail'' to the list of how pleadings, pleas or motions shall be served and is necessary in order to conform to the State Office of Administrative Hearing Rules of Procedure, 1 TAC §155.25, Service of Documents on Parties.
Oscar Ybarra, Chief of Finance, has determined that for each year of the first five-year period the rule is in effect there will be no fiscal implications for state or local government or local economies.
Mr. Ybarra also has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of enforcing the rule will be current and updated rules. There is no adverse economic impact anticipated for individuals, small businesses, or micro-businesses.
The department has determined that Chapter 2007 of the Government Code does not apply to this rule. Accordingly, the department is not required to complete a takings impact assessment regarding this rule.
Comments on the proposal may be submitted, no later than thirty (30) days after publication, to Wayne Mueller, Assistant General Counsel, Office of General Counsel, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78761-0140, (512) 424-2890, or fax (512) 424-2251.
The amendment is proposed pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the deparment's work.
Texas Government Code, §411.004(3) is affected by this proposal.
§29.9.Service of Pleadings and Motions.
(a) After the institution of proceedings, all pleadings, pleas, motions, discovery requests and any other documents that are filed or served by respondents and/or intervenors on the department, or any employee of the department, shall be served on the department's named attorney of record at the address identified in the notice of hearing or complaint.
(b) All pleadings, pleas, or motions shall be served by regular mail, certified mail, return receipt requested, facsimile transmission, personal delivery, or overnight carrier.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 23, 2007.
TRD-200701149
Thomas A. Davis, Jr.
Director
Texas Department of Public Safety
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 424-2135
Chapter 259. NEW CONSTRUCTION RULES
Subchapter B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
The Commission on Jail Standards proposes an amendment to §259.138, concerning Remote Holding Cells to allow a county to better utilize court holding cells.
Adan Munoz, Executive Director, has determined that for the first five year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amendment.
Mr. Munoz, has also determined that for each year of the first five years the amendment as proposed is in effect the public benefits anticipated as a result of enforcing the amendment as proposed will be clarification of existing standards.
There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box 12985, Austin, Texas 78711, (512) 463-5505.
The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.
The statutes that are affected by this amendment are Local Government Code, Chapter 351, §351.002 and §351.015.
§259.138.Holding Cells.
(a) (No change.)
(b) Remote Holding Cells. Holding cells that are separate from
the facility and utilized for direct court holding, processing, or for inmates
awaiting transportation. Inmates shall not be held for more than
4
[
8
] hours and the cell shall include the following features.
(1) Seating. A stationary bench or benches abutting the walls
shall be provided. Benches shall be 17" to 19" above the finished floor, and
not less than 12" wide. Seating shall be sufficient to provide not less than
18
[
24
] linear inches per inmate at cell capacity.
(2) Plumbing. Cells shall be provided with adequate toilets, lavatories capable of providing drinking water, and floor drains. The floor shall be properly pitched to drains.
(3) Cell Size. The size of the cell shall be determined by
the anticipated maximum number of inmates to be confined at any one time.
Cells shall be constructed to house from one to 24 inmates and
the capacity
shall be determined by the amount of seating provided and posted at the exterior
of the cell.
[
shall contain not less than 40 square feet of floor
space for the first inmate and 18 square feet of floor space for each additional
inmate to be confined.
]
(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.
(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.
(6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall annunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building.
(7) Audible Communication. Audible communications shall be provided.
(c) Remote Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting transportation. Inmates shall not be held for more than 8 hours and the cell shall include the following features.
(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor, and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.
(2) Plumbing. Cells shall be provided with adequate toilets, lavatories capable of providing drinking water, and floor drains. The floor shall be properly pitched to drains.
(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.
(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.
(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.
(6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall annunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building.
(7) Audible Communication. Audible communications shall be provided.
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 23, 2007.
TRD-200701151
Brandon Wood
Director of Jail Services
Texas Commission on Jail Standards
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 463-8236
Subchapter A. GENERAL
The Texas Commission on Jail Standards proposes an amendment to §269.1, concerning Records and Procedures, to ensure escape from custody reports are submitted to the agency in a timely manner.
Adan Munoz, Executive Director, has determined that for the first five year period the amendment is in effect there will be no fiscal implications for state or local government as a result of enforcing or administering the amended section.
Mr. Munoz, has determined that for each year of the first five years the amendment as proposed is in effect the public benefits anticipated as a result of enforcing the amended section will be clarification of existing standards.
There will be no effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the amendment as proposed.
Comments on the proposal may be submitted to Brandon S. Wood, P.O. Box 12985, Austin, Texas 78711, (512) 463-5505.
The amendment is proposed under Government Code, Chapter 511, which provides the Texas Commission on Jail Standards with the authority to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.
The statutes that are affected by this proposal are Local Government Code, Chapter 351, §351.002 and §351.015.
§269.1.Record System.
The sheriff/operator shall maintain the following records:
(1) - (3) (No change.)
(4) Escape From Custody Report
(A) The Texas Commission on Jail Standards
shall
[
should
] be notified of all escapes from a facility within 24 hours of
the escape.
(B) (No change.)
This agency hereby certifies that the proposal has been reviewed by legal counsel and found to be within the agency's legal authority to adopt.
Filed with the Office of the Secretary of State on March 23, 2007.
TRD-200701152
Brandon Wood
Director of Jail Services
Texas Commission on Jail Standards
Earliest possible date of adoption: May 6, 2007
For further information, please call: (512) 463-8236