Part 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
Chapter 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (TBCJ) adopts the amendments to §151.6, Petition for the Adoption of a Rule, with changes to the text as proposed in the February 8, 2008, issue of the Texas Register (33 TexReg 1076).
The amendments are necessary to conform to state law and add clarity.
Comments were received from the Texas Department of Criminal Justice (TDCJ) Office of the General Counsel. It was noted that subsection (c)(2) incorrectly referenced subsection (a)(3) instead of subsection (b)(3). The amended rule is being adopted with a correction to that reference.
The amendments are adopted under Texas Government Code, §492.016, §2001.021 and Chapter 2008.
Cross Reference to Statutes: Texas Government Code, §492.013.
§151.6.Petition for the Adoption of a Rule.
(a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ or Board) to encourage public input in the Board's rulemaking process.
(b) Submission of the Petition.
(1) Any person may petition a state agency to adopt a rule as defined by the Texas Administrative Procedure Act, Chapter 2001 of the Texas Government Code.
(2) A petition for a rule under Title 37 of the Texas Administrative Code shall be mailed to the General Counsel of Texas Department of Criminal Justice (TDCJ or Agency) at P.O. Box 13084, Austin, Texas 78711.
(3) The petition shall be in writing, shall contain the petitioner's name and address and shall describe the rule and the reason for making such petition. If the General Counsel determines that further information is necessary to assist the Agency in reaching a decision, the General Counsel may require that the petitioner resubmit the petition and that it contain:
(A) A brief explanation of the proposed rule;
(B) The text of the proposed rule prepared in a manner to indicate the words to be added or deleted from the current text, if any;
(C) A statement of the statutory or other authority under which the rule is to be promulgated;
(D) Whether there will be an economic impact on persons required to comply with the proposed rule;
(E) An economic impact statement which estimates the number of small businesses subject to the proposed rule, projects the economic impact of the rule on small businesses and describes alternative methods of achieving the purpose of the proposed rule;
(F) A regulatory flexibility analysis as defined in Texas Government Code, §2006.002; and
(G) The public benefit anticipated as a result of adopting the rule or the anticipated injury or inequity that could result from the failure to adopt the proposed rule.
(4) In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators and a timeline for the process.
(c) Consideration and Disposition of the Petition.
(1) Except as provided in subsection (d) of this rule, the Chairman, in consultation with the General Counsel, shall consider and dispose of all petitions submitted.
(2) Within 60 days after receipt of the petition by the General Counsel, or within 60 days after receipt by the General Counsel of a resubmitted petition in accordance with subsection (b)(3) of this rule, the Chairman, in consultation with the General Counsel, shall deny the petition or institute rulemaking procedures in accordance with established Agency procedures and the Texas Administrative Procedure Act. The Chairman, in consultation with the General Counsel, may deny parts of the petition or institute rulemaking procedures on parts of the petition.
(3) The Board may initiate a negotiated rulemaking process pursuant to Texas Government Code, Chapter 2008, upon the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this rule.
(4) If the Chairman, in consultation with the General Counsel, denies the petition, the General Counsel shall give the petitioner written notice of the Agency's denial and the reasons for the denial.
(d) Subsequent Petitions to Adopt the Same or Similar Rule. The General Counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within six (6) months after the date of the initial petition.
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 March 28, 2008.
TRD-200801625
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) adopts the amendments to §159.13, Educational Services to Released Offenders/Memorandum of Understanding, without changes to the text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1077) and will not be republished.
The amendments are necessary to add clarity and expand the locations where the memorandum of understanding is filed.
No comments were received.
The amendments are adopted under Texas Government Code, §508.318.
Cross Reference to Statutes: Texas Government Code, §492.013.
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 March 28, 2008.
TRD-200801626
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) adopts the amendments to §163.5, Waiver to Standards, without changes to the text as proposed in the February 8, 2008, issue of the Texas Register (33 TexReg 1078) and will not be republished.
The amendments are necessary to add clarity.
No comments were received.
The amendments are adopted under Texas Government Code, §509.003.
Cross Reference to Statutes: Texas Government Code, §492.013.
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 March 28, 2008.
TRD-200801628
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) adopts the amendments to §163.33, Community Supervision Officers, without changes to the text as proposed in the February 8, 2008, issue of the Texas Register (33 TexReg 1078) and will not be republished.
The amendments are necessary to conform to state law and add clarity.
No comments were received.
The amendments are adopted under Texas Government Code, §509.008 and §509.009.
Cross Reference to Statutes: Texas Government Code, §492.013 and §509.003.
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 March 28, 2008.
TRD-200801629
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) adopts the amendments to §163.38, Sex Offender Supervision, without changes to the text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1081) and will not be republished.
The amendments are necessary to add clarity and conform to state law.
No comments were received.
The amendments are adopted under Texas Government Code, §76.016 and §509.003 and Texas Code of Criminal Procedure, art. 42.12 and Chapter 62.
Cross Reference to Statutes: Texas Government Code, §492.013.
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 March 28, 2008.
TRD-200801631
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) adopts the amendments to §163.41, Medical and Psychological Information, without changes to the text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1082) and will not be republished.
The amendments are necessary to conform the rule to state law and to add clarity.
No comments were received.
The amendments are adopted under Texas Government Code, §509.003 and Texas Health and Safety Code §85.142.
Cross Reference to Statutes: Texas Government Code, §492.013 and Texas Health and Safety Code, §§85.001, 85.141, 85.143 and Chapter 614.
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 March 28, 2008.
TRD-200801632
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422
The Texas Board of Criminal Justice (TBCJ) adopts amendments to §163.43, Funding and Financial Management, without changes to the text as published in the February 8, 2008, issue of the Texas Register (33 TexReg 1083) and will not be republished.
The amendments are necessary to conform the rule to state law and to add clarity.
No comments were received.
The amendments are adopted under Texas Government Code, §509.003 and §509.004.
Cross Reference to Statutes: Texas Government Code, §§76.004, 76.008, 76.009, 76.010, 492.013 and Chapter 551, and Texas Local Government Code §140.003 and §140.004.
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 March 28, 2008.
TRD-200801633
Melinda Hoyle Bozarth
General Counsel
Texas Department of Criminal Justice
Effective date: April 17, 2008
Proposal publication date: February 8, 2008
For further information, please call: (512) 463-0422