PARt 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 141. GENERAL PROVISIONS
SUBCHAPTER C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS
The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §141.60 concerning the submission and presentation of information to the parole panel. The amendment is adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6552). The text of the rule will not be republished.
The amended rule is adopted to clarify the review period for offenders who are eligible for parole review.
No public comment was received regarding adoption of the amendment.
The amended rule is adopted under §508.082 and §508.083, Government Code. Section 508.082 requires the board to adopt rules relating to the submission and presentation of information and arguments to the board, a parole panel, and the department for and in behalf of an inmate. Section 508.083 relates to representation of an inmate in a matter before the board or a parole panel.
No other statutes, articles, or codes are affected by this amendment.
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 29, 2009.
TRD-200900348
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
SUBCHAPTER A. FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP
37 TAC §§143.4, 143.11, 143.12
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §§143.4, 143.11, and 143.12 concerning full pardon and restoration of rights of citizenship. The amendments are adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6553). The text of the rules will not be republished.
The amended rules in §143.4 and §143.11 are adopted to update the statutory references contained within the rules. Amended §143.12 is adopted to revise the contact for proof of application.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that vests the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles, or codes are affected by these amendments.
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 29, 2009.
TRD-200900349
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
37 TAC §§143.21, 143.23, 143.24
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §§143.21, 143.23, and 143.24 concerning conditional pardons. The amendments are adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6553). The text of the rules will not be republished.
Amended §143.21 is adopted to revise the board rule reference contained within the rule. Amended §143.23 is adopted to remove the board rule reference contained within the rule. Amended §143.24 is adopted to update the statutory reference contained within the rule.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that invest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles, or codes are affected by these amendments.
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 29, 2009.
TRD-200900350
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §143.52 and §143.58 concerning commutation of sentences. The amendments are adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6554). The text of the rules will not be republished.
The amended rules are adopted to update the statutory references contained within the rules.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that invest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles, or codes are affected by these amendments.
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 29, 2009.
TRD-200900351
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §143.74 concerning remission of fines and forfeitures. The amendment is adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6555). The text of the rule will not be republished.
The amended rule is adopted to update the statutory reference contained within the rule.
No public comment was received regarding adoption of the amendment.
The amended rule is adopted under Article IV, Section 11 of the Texas Constitution and Article 48.01, Code of Criminal Procedure, that invest the Board of Pardons and Paroles with the power to recommend clemency, including pardons, commutations of sentence, and reprieves; and under §508.036(b), Government Code, that provides the Board with authority to adopt rules relating to the decision-making processes used by the Board of Pardons and Paroles.
No other statutes, articles, or codes are affected by this amendment.
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 29, 2009.
TRD-200900352
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
SUBCHAPTER A. PAROLE PROCESS
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §145.12 and §145.17 concerning the parole process. The amendments are adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6555). The text of the rules will not be republished.
The amendment to §145.12 is adopted to add the statutory reference to the rule. Section 145.17 is adopted to clarify the procedures regarding subsequent reviews of parole panel votes to deny release to parole or mandatory supervision
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under §§508.036, 508.0441, and 508.141, Government Code. Section 508.036 provides the board with the authority to adopt rules relating to the decision-making process used by the board and parole panels. Section 508.0441 provides the board with the authority to adopt reasonable rules as proper or necessary relating to the eligibility of an inmate for release on parole or release to mandatory supervision. Section 508.141 provides the board authority to adopt policy establishing the date on which the board may reconsider for release an inmate who has previously been denied release.
No other statutes, articles, or codes are affected by these amendments.
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 29, 2009.
TRD-200900353
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §145.23 and §145.24 concerning terms and conditions of parole. The amendments are adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6556). The text of the rules will not be republished.
The amended rules are adopted to update the statutory references contained within the rules.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under §508.036 and §508.044, Government Code. Section 508.036 authorizes the board to promulgate rules relating to the board's decision-making processes, and §508.044, Government Code, provides the board with the authority to adopt rules relating to the eligibility of an inmate for release on parole or mandatory supervision.
No other statutes, articles, or codes are affected by these amendments.
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 29, 2009.
TRD-200900354
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC §146.6 and §146.8 concerning revocation of parole or mandatory supervision. The amendments are adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6557). The text of the rules will not be republished.
The amended rules are adopted to update the statutory references contained within the rules.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under §§508.0441, 508.045, 508.281, and 508.283, Government Code. Section 508.0441 vests the Board with the authority to determine the continuation, modification, and revocation of parole or mandatory supervision. Section 508.045 provides parole panels with the authority to grant, deny, revoke parole, or revoke mandatory supervision. Sections 508.281 and 508.283 relate to hearings to determine violations of the releasee's parole or mandatory supervision.
No other statutes, articles, or codes are affected by these amendments.
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 29, 2009.
TRD-200900355
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388
SUBCHAPTER A. RULES AND CONDITIONS OF MANDATORY SUPERVISION
The Texas Board of Pardons and Paroles adopts an amendment to 37 TAC §149.3 concerning rules and conditions of mandatory supervision. The amendment is adopted without change to the proposed text as published in the August 15, 2008, issue of the Texas Register (33 TexReg 6557). The text of the rule will not be republished.
The amended rule is adopted to update the statutory reference contained within the rule.
No public comment was received regarding adoption of the amendment.
The amended rule is adopted under §508.036 and §508.044, Government Code. Section 508.036 authorizes the board to promulgate rules relating to the board's decision-making processes, and §508.044, Government Code, provides the board with the authority to adopt rules relating to the eligibility of an inmate for release on parole or mandatory supervision.
No other statutes, articles, or codes are affected by this amendment.
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 29, 2009.
TRD-200900356
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: February 18, 2009
Proposal publication date: August 15, 2008
For further information, please call: (512) 406-5388