PART 9. TEXAS COMMISSION ON JAIL STANDARDS
CHAPTER 255. RULEMAKING PROCEDURES
The Texas Commission on Jail Standards (TCJS) adopts an amended rule, 37 TAC §255.6, concerning the creation of the Intellectual or Developmental Disability Advisory Committee (IDDAC) as required by Government Code, Title 4, §511.022. It is adopted with changes to correct grammar as published in the July 5, 2024, issue of the Texas Register (49 TexReg 4893). The rule will be republished.
The adoption of this rule establishes, in administrative code, the IDDAC as established in statute by Government Code, Title 4, §511.022.
No comments were received during the public comment period.
Statutory authority to establish advisory committees can be found in Government Code, Title 4, §511.0081.
§255.6.Advisory Committees.
(a) General. The Texas Commission on Jail Standards (Commission) may establish advisory committees pursuant to Gov't. Code §511.0081 or if mandated by legislative action.
(1) Purpose, Role, and Responsibility. The purpose, role, and responsibility of a Commission advisory committee is to make recommendations to the Commission on programs, rules, and policies administered by the Commission.
(2) Goals. Unless mandated by legislative action, the goal of each advisory committee will be determined by the Commission at the time the advisory committee is created.
(3) Duration. Unless mandated by legislative action, the duration of each advisory committee will be determined by the Commission. The Commission will annually review and determine the continuing need for an advisory committee established by the Commission.
(4) Committee Members.
(A) Committees will consist of a minimum of five members and a maximum of nine members, unless mandated otherwise by legislative action.
(B) Unless otherwise mandated by legislative action, committee members will have various backgrounds of experience, expertise, and interest in the matters the committee will address. Committee members may include Commission commissioners, sheriffs, jail administrators, relevant governmental agency representatives, relevant professionals, and other interested members of the public. The Chair of the advisory committee, in consultation with the Executive Director, will appoint committee members that meet the criteria set forth.
(C) The Chair of the Texas Commission on Jail Standards appoints the Chair of advisory committees unless mandated otherwise by legislative action.
(D) Members of advisory committees will elect an advisory committee Vice-Chair from among its members to serve in the temporary absence of the advisory committee Chair.
(E) Terms. The Commission Executive Director will determine the members' terms of service. The terms of service will be staggered.
(F) Unless prohibited by legislative action, non-voting subject matter experts may be named to the committee at the discretion of the Chair with the consent of the committee.
(5) Rules. Each advisory committee established shall adopt policies and procedures that address the purpose of the advisory committee, membership qualifications, training requirements, terms of service, operating procedures, conflict of interest, and adherence to the requirements set forth in Texas Government Code 551.
(6) Committee Operations and Meetings.
(A) Meetings. The committee must meet at least quarterly; however, the Chair may decide that it is necessary to meet more frequently. The committee is subject to the Texas Open Meetings Act, Texas Government Code Chapter 551.
(B) Quorum. A majority of members constitutes a quorum.
(C) Compensation and Travel Reimbursement. Members will not be reimbursed for expenses related to their participation in the advisory committee.
(b) Administrative Rules Advisory Committee. The Commission establishes an Administrative Rules Advisory Committee to regularly review all administrative rules as part of the mandated rule review process, administrative rules required by new legislation, administrative rules as recommended by the Commission, and petitions for administrative rule changes. The committee makes recommendations to the Commission related to administrative rules. The Committee consists of a minimum of nine members as follows:
(1) one representative of the Commission to act as Committee Chair;
(2) one sheriff of a county with a population of 80,000 or more;
(3) one sheriff of a county with a population of fewer than 80,000;
(4) one county judge or county commissioner from a county with a population of 80,000 or more;
(5) one county judge or county commissioner from a county with a population of fewer than 80,000;
(6) one member of the public who is a representative of a statewide organization that advocates for individuals or issues related to county jails;
(7) one non-voting ex-officio jail administrator from a jail consisting of 50 beds or fewer;
(8) one non-voting ex-officio jail administrator from a jail consisting of 51-999 beds; and
(9) one non-voting ex-officio jail administrator from a jail consisting of 1000 or more beds.
(c) Intellectual or Developmental Disability Advisory Committee. As required by Government Code 511.022, the commission establishes an Intellectual or Developmental Disability Advisory Committee to advise the commission and make recommendations on matters related to the confinement in county jail of persons with intellectual or developmental disabilities. The Committee consists of a minimum of thirteen members as follows:
(1) one representative of the commission;
(2) one representative of the Department of State Health Services;
(3) one representative of the Health and Human Services Commission with expertise in intellectual and developmental disabilities;
(4) one representative of the Texas Commission on Law Enforcement;
(5) one representative of the Texas Correctional Office on Offenders with Medical or Mental Impairments;
(6) one sheriff of a county with a population of 80,000 or more;
(7) one sheriff of a county with a population of fewer than 80,000;
(8) two representatives of statewide organizations that advocate for individuals with intellectual and developmental disabilities;
(9) one representative who is a mental health professional with a focus on trauma and intellectual and developmental disabilities;
(10) one representative from a state supported living center;
(11) one member who has an intellectual or developmental disability or whose family member has an intellectual or developmental disability; and
(12) one member who represents the public.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 9, 2024.
TRD-202403662
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Effective date: August 29, 2024
Proposal publication date: July 5, 2024
For further information, please call: (512) 850-8668