PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY

CHAPTER 15. DRIVER LICENSE RULES

SUBCHAPTER B. APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES

37 TAC §15.31

The Texas Department of Public Safety (the department) proposes amendments to §15.31, concerning Out-of-State Renewals. The proposed amendments implement House Bill 3643, 88th Leg., R.S. (2023), by removing the ability to issue a temporary license without a photograph. The amendments also add duplicate licenses, commercial driver licenses without a hazardous materials endorsement, and identification cards to application of the rule. Additionally, this section has been reorganized for readability.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton 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 this rule will be the implementation of legislation and clarity and transparency in the regulation of out-of-state driver license and identification card renewals and duplicates.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does limit or repeal an existing regulation. The proposed rulemaking does increase the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department’s work; Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code; and House Bill 3643, 88th Leg., R.S. (2023).

Texas Government Code, §411.004(3); and Texas Transportation Code §521.005, are affected by this proposal.

§15.31.Out-of-State Renewals and Duplicates.

(a) This section applies to a renewal or duplicate of an out-of-state/country noncommercial driver license, a commercial driver license without a hazardous materials endorsement, and an identification card. A commercial driver license with a hazardous materials endorsement is not eligible to renew by mail or use the out-of-state process. [The holder of a valid Texas license obtained while out-of-state is permitted to operate for 45 days after return to Texas before a photograph license is required.]

(b) Applicants who are temporarily out-of-state/country and not eligible to renew or obtain a duplicate driver license or identification card online, by telephone, or invitation by mail may be eligible to use the out-of-state process.

(c) [(b)] Applicants must meet the eligibility requirements for alternate issuance as required in §15.29 of this title (relating to Alternative Methods for Driver License Transactions). [The following Texas licensees may be issued a license without a photograph:]

[(1) an out-of-state Texas licensee who is required to hold a Texas license because of his domicile in Texas; and]

[(2) an out-of-state Texas licensee who should hold a Texas license under the one license concept because of his domicile in Texas.]

[(3) an out-of-state Texas licensee applying for renewal who is 78 years of age or younger on the expiration date of their current license.]

(d) [(c)] Applicants for renewal of a driver license must submit the results of a vision test conducted by an eye specialist or authorized driver license personnel from another jurisdiction. [These applicants must also submit a signed Out-of-State/Country Application and proof of social security number. Duplicate applicants must also submit a signed Out-of-State/Country Application and proof of social security number. A facsimile of the proof of social security number is acceptable.]

(e) Applicants for a renewal or duplicate driver license or identification card must submit a signed Out-of-State/Country Application and provide a social security number for electronic verification through the Social Security Administration.

(f) [(d)] Normal birth date expiration will be shown on the driver license or identification card [plus "valid without photo" if the license is issued without a photograph].

(g) [(e)] Applications described in this section [in this category] may be submitted by mail.

(h) [(f)] Any other examinations in addition to vision required for the renewal of driver licenses described in this section [in this category] may be conducted by other jurisdictions and submitted to the department for approval. [Duplicates and renewals issued to out-of-state applicants may be issued without photographs.]

[(g) This section applies to a noncommercial driver license (CDL) only. CDL licenses are not eligible to renew by mail.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 13, 2024.

TRD-202405993

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 26, 2025

For further information, please call: (512) 424-5848

37 TAC §15.62

The Texas Department of Public Safety (the department) proposes amendments to §15.62, concerning Additional Requirements. The proposed amendments rename the Impact Texas Drivers program for skill examination applicants 18 years of age and older to Impact Texas Adult Drivers (ITAD) and allows these applicants to complete either the Impact Texas Adult Drivers (ITAD) program or the Impact Texas Teen Drivers (ITTD) program.

Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.

Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.

Ms. Whittenton 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 this rule will be the alignment of the Impact Texas Adult Drivers program with existing driver education and safety programs.

The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.

The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.

The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rulemaking does not increase or decrease the number of individuals subject to its applicability. During the first five years the proposed rule is in effect, the proposed rule should not impact positively or negatively the state's economy.

Comments on the proposal may be submitted to Cynthia Allison, Driver License Division, Texas Department of Public Safety, P.O. Box 4087 (MSC 0300), Austin, Texas 78773; by fax to (512) 424-5233; or by email to DLDrulecomments@dps.texas.gov. Comments must be received no later than thirty (30) days from the date of publication of this proposal.

Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Transportation Code §521.005, which authorizes the department to adopt rules necessary to administer Chapter 521 of the Transportation Code.

Texas Government Code, §411.004(3); and Texas Transportation Code §521.005 and §521.142, are affected by this proposal.

§15.62.Additional Requirements.

(a) All skills examination applicants must complete the appropriate Impact Texas Drivers (ITD) program and obtain proof of program completion.

(1) Applicants younger than 18 years of age who are required to complete an approved Parent Taught Driver Education or Minor and Adult Driver Education course shall complete the Impact Texas Teen Drivers (ITTD) program after completion of behind the wheel driver education requirements and prior to taking the skills examination.

(2) Applicants ages 18 years of age or older must [through 24 years of age who complete an Adult Driver Education course shall] complete an ITD [the Impact Texas Young Drivers (ITYD)] program [after completion of the course and] prior to taking the skills examination. Applicants 18 years of age or older can complete either the Impact Texas Adult Drivers (ITAD) program or the ITTD program.

[(3) Applicants ages 25 and older must complete an ITD program prior to taking the skills examination. These applicants should complete ITYD.]

(b) The proof of appropriate ITD program completion must be provided to the testing entity prior to administration of the skills examination and no later than ninety (90) days after program completion.

(c) Applicants conducting original or renewal driver license transactions at a driver license office are required to complete a vision test in addition to any other tests required by the department.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 13, 2024.

TRD-202405994

D. Phillip Adkins

General Counsel

Texas Department of Public Safety

Earliest possible date of adoption: January 26, 2025

For further information, please call: (512) 424-5848

CHAPTER 159. SPECIAL PROGRAMS

37 TAC §159.1

The Texas Board of Criminal Justice (board) proposes amendments to §159.1, concerning Substance Abuse Felony Punishment Facilities Eligibility Criteria. The proposed amendments remove reference to an outdated document, update the title of a referenced document, and revise language to align with current verbiage and clarify eligibility requirements.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; §493.009, which establishes guidelines for substance abuse felony punishment facilities, and Texas Code of Criminal Procedure art. 42A.303, which establishes guidelines for a substance abuse felony program.

Cross Reference to Statutes: None.

§159.1.Substance Abuse Felony Punishment Facilities Eligibility Criteria.

(a) Offenders with a United States Immigration and Customs Enforcement detainer are not eligible to participate. Offenders with a felony detainer are not eligible to participate unless the jurisdiction that placed the detainer agrees not to seek custody of the offender until after the program and continuum of care requirements have been completed. Exceptions may be made on a case-by-case basis. Offenders sentenced to a prison term and ordered to participate in a substance abuse felony punishment facility (SAFPF) program as a condition of community supervision shall be transferred to a SAFPF six to nine months prior to their projected release date on the sentence.

(b) Offenders shall be physically and mentally capable of uninterrupted participation in a [rigorous, stressful, and confrontational] therapeutic community program. Offenders with special medical or behavioral health needs shall meet the eligibility criteria for a Special Needs SAFPF as defined in [both the Community Justice Assistance Division's (CJAD’s) CJAD/SAFPF Procedure Manual and] the SubstanceUse [Abuse] Treatment Operations Manual.

(c) Offenders who have signs or symptoms of acute drug or alcohol withdrawal or who require detoxification are not eligible to participate until they have detoxified.

(d) Pretrial detainees are eligible to participate if ordered to do so pursuant to a drug court program established under Texas Government Code §§123.001-123.009 or a similar program. To be eligible for [A pretrial detainee is not eligible to participate in] a SAFPF program, [unless] the person must have been [detainee has been] unsuccessfully discharged from an outpatient substance abuse treatment program and a residential substance abuse treatment facility, if available, as a condition of a pretrial order for the charges that are currently pending.

(e) Offenders convicted of offenses for which sex offender registration is required are not eligible to participate.

(f) Offenders under the age of 18 are not eligible to participate.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 16, 2024.

TRD-202406039

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 26, 2025

For further information, please call: (936) 437-6700

37 TAC §163.21

The Texas Board of Criminal Justice (board) proposes amendments to §163.21, concerning Administration. The proposed amendments revise "continuum of sanctions" to "progressive sanctions" throughout; remove the Human Resources category from the policies and procedures that shall be included in the administrative manual maintained by the Community Supervision and Corrections Department (CSCD) director; revise the Standards category of the administrative manual; revise language referencing an application process to specify a proposal; add language to state documentation of training hours shall be maintained at the CSCD and available on request; and make grammatical and formatting updates.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.

Cross Reference to Statutes: None.

§163.21.Administration.

(a) Appointment and Responsibilities of a Community Supervision and Corrections Department (CSCD) Director.

(1) When there is a vacancy in the position of CSCD director, the judge or judges as described by Texas Government Code §76.002 shall:

(A) publicly [Publicly] advertise the position;

(B) post [Post] a job description, the qualifications for the position, and the application requirements;

(C) conduct [Conduct] a competitive hiring process and adhere to state and federal equal employment opportunity laws; and

(D) review [Review] applicants who meet the posted qualifications and comply with the application requirements.

(2) The judge or judges as described by Texas Government Code §76.002 shall appoint a CSCD director who shall meet, at a minimum, the eligibility requirements for community supervision officers (CSOs) established under Texas Government Code §76.005 and 37 Texas Administrative Code §163.33.

(3) The CSCD director shall employ a sufficient number of officers and other employees to conduct presentence investigations, supervise and rehabilitate defendants placed on community supervision, enforce the conditions of community supervision, and staff community corrections facilities. A person employed under this subsection is an employee of the CSCD and not of the judges or judicial districts.

(4) The Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) director shall be notified by the administrative judge of the appointment of a CSCD director.

(5) The CSCD director shall perform or delegate the responsibility for performing the following duties:

(A) overseeing [Overseeing] the daily operations of the CSCD;

(B) preparing [Preparing], annually or biennially, a budget for the CSCD;

(C) negotiating [Negotiating] and entering into contracts on behalf of the CSCD;

(D) establishing [Establishing] policies and procedures for all functions of the CSCD;

(E) developing [Developing] personnel policies and procedures, including disciplinary proceedings; and

(F) establishing [Establishing] procedures and practices through which the CSCD will address an employment-related grievance.

(b) Administrative Manual. The CSCD director shall develop, update, revise, and maintain an administrative manual that defines the CSCD's general purposes and functional objectives. The CSCD director shall ensure the administrative manual is available to all staff members and provide the TDCJ CJAD director with a copy of the CSCD's administrative manual for review upon request. The manual shall incorporate all of the written policies and procedures, which shall provide a detailed description of the procedures followed in performing the routine tasks of the CSCD. At a minimum, the policies and procedures in the manual shall include:

[(1) Human Resources.]

[(A) Recruitment procedures;]

[(B) Promotion requirements and procedures;]

[(C) Equal employment opportunity and affirmative action provisions;]

[(D) Provisions of the Americans with Disabilities Act;]

[(E) Provisions of the Fair Labor Standards Act;]

[(F) Provisions of the Family Medical Leave Act;]

[(G) Sexual harassment policy;]

[(H) Confidentiality of information;]

[(I) Organizational plan or chart;]

[(J) Salary scales;]

[(K) Benefits;]

[(L) Holidays and work schedules;]

[(M) Explanation of amount and limitations of leaves;]

[(N) Personnel records;]

[(O) Employee performance appraisals;]

[(P) Disciplinary procedures;]

[(Q) Grievance procedures;]

[(R) Probationary employment periods;]

[(S) Contract employees;]

[(T) Dress code;]

[(U) Pre-employment criminal record checks;]

[(V) Staff safety;]

[(W) Political participation;]

[(X) Travel and mileage reimbursement policy; and]

[(Y) Immigration Reform and Control Act.]

(1) [(2)] Medical.

(A) medical [Medical] and psychological records management;

(B) contagious [Contagious] disease policy, including Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); and

(C) tuberculosis [Tuberculosis] and other communicable diseases.

(2) [(3)] Supervision.

(A) supervision [Supervision] description;

(B) assessment [Assessment] and remediation of literacy skills for offenders;

(C) arrest [Arrest] and firearms policy and procedures; and

(D) presentence [Presentence] investigation and reporting policy and procedures.

(3) [(4)] Standards.

(A) code [Code] of ethics;

[(B) Training and staff development;]

[(C) Job descriptions, qualifications, and responsibilities;]

[(D) Insurance and honesty bonds;]

(B) [(E)] intrastate [Intrastate] and interstate compact policies and procedures;

[(F) Case classification and case management;]

(C) Texas Risk Assessment System and case classification;

(D) [(G)] supervision [Supervision] of offenders and progressive [continuum of] sanctions model [(policies and procedures)];

(E) [(H)] internal [Internal] case file [management] audit procedures; and

(F) [(I)] violation [Violation] of community supervision order procedures.

(c) Ethics. The CSCD director shall provide each CSCD employee with a copy of the Code of Ethics adopted by the TDCJ CJAD and a copy of the procedure developed by the CSCD director that shall be used to review and investigate an alleged ethics violation. All employees of the CSCD shall comply with the Code of Ethics developed by the TDCJ CJAD.

(d) Internal Audits. Each CSCD shall have a designated procedure to monitor the skill levels and training needs of individual staff members and shall develop a plan to meet those needs. Internal audits of direct supervision cases shall be conducted to check for standards compliance, use of case classification, and supervision planning.

(e) Records. The CSCD director shall ensure that program records and statistical data consistent with the requirements of the law and TDCJ CJAD standards are maintained and provided to TDCJ CJAD as required.

(f) Budget. The CSCD director shall prepare and operate from a budget in a manner consistent with good accounting practices and approved by the judge(s) of their judicial district. The budget shall be submitted to the TDCJ CJAD director in a format as required and within the provisions as outlined in 37 Texas Administrative Code §163.43.

(g) Multi-CSCD Districts.

(1) Judicial districts composed of more than one county may request from [apply to] the TDCJ CJAD director for authorization to establish more than one CSCD within the judicial district. The proposal [application] submitted by the judge(s) shall explain how the creation of more than one CSCD will promote:

(A) administrative [Administrative] convenience;

(B) economy [Economy]; or

(C) improved [Improved] community supervision and corrections services and other reasons, if any.

(2) The proposal [application] shall indicate the financial impact and the approval of the judges in the judicial district or districts hearing criminal cases affected by the change.

(h) Complaint Notice. Each CSCD shall notify the public, offenders, and victims of crimes, that they can direct written complaints to the CSCD and TDCJ CJAD. The notification shall be in the form of a sign posted in a conspicuous public area in each CSCD office, or in the form of written brochures which are to be displayed in a conspicuous public area in each CSCD office. Signs and brochures shall be written in both English and Spanish, list the address of the CSCD director and TDCJ CJAD address, and inform persons that attempts should first be made to resolve complaints locally; unsatisfactory results may be reported to the TDCJ CJAD.

(i) Compliance with Statutes and TDCJ CJAD Policy Statements. Each CSCD director shall ensure that all CSCD operations comply with all applicable local, state, and federal laws and the TDCJ CJAD policy statements and official manuals pertaining to the CSCDs.

(j) Citizen Involvement and Volunteers. If volunteers are used, the CSCD director shall ensure that suitable orientation and supervision is provided in the functions they will be expected to perform. The CSCDs are encouraged to establish and maintain opportunities for effective volunteer participation in CSCD operations. If volunteers are used, the CSCD director shall:

(1) ensure [Ensure] that written policy, procedure, and practice exists for guiding the selection and utilization of citizen involvement; and

(2) require [Require] volunteers to acknowledge and comply with all CSCD rules governing the confidentiality of information.

(k) Victim Services. The criminal justice system recognizes [the] many stakeholders are affected by crime and wishes to acknowledge crime victims' interests and rights [right] to be informed, heard, and protected by the system. With that goal in mind, standards are incorporated to facilitate the participation of crime victims within community supervision.

(1) Training. The CSCD victim services coordinators shall obtain no less than eight documented hours of professional, skill-based training within the first biennium of appointment to the position of victim service coordinator. Documentation of training hours shall be maintained at the CSCD and available on request. Training shall be specific to community supervision and should include:

(A) victims' [Victims'] rights;

(B) victim [Victim] sensitivity;

(C) confidentiality [Confidentiality] issues; and

(D) crime [Crime] victim compensation.

(2) Policy and Procedures. Each CSCD shall adopt written policies and procedures regarding victim notification of offenders placed on community supervision and offender information that may be released to victims.

(A) Notifying the victim of the offender's crime, or if the victim has a guardian or is deceased, notifying the guardian of the victim or close relative of the deceased victim, when the offender is released and placed on community supervision. Notification shall include the information specified in Texas Government Code §76.016, which includes:

(i) notice [Notice] the offender is being placed on community supervision;

(ii) the [The] conditions of community supervision imposed by the court; and

(iii) the [The] date, time, and location of any hearing or proceeding at which the conditions of the offender's community supervision may be modified or the offender's placement on community supervision may be revoked or terminated.

(B) Offender information that is public may be released to victims. Such information includes:

(i) court [Court] ordered community supervision identifying the CSCD with jurisdiction;

(ii) a [A] written copy of the conditions of supervision;

(iii) the [The] name of the supervising officer;

(iv) victim [Victim] service coordinator contact information;

(v) motion [Motion] to revoke supervision being filed and the results of the motion;

(vi) information [Information] regarding the transfer of an offender to another jurisdiction and contact information; and

(vii) information [Information] that the offender has been placed in residential confinement and released from confinement[,] unless such confinement is in a substance abuse treatment facility.

(3) Other information that may be released includes information that the victim would have knowledge of, such as:

(A) uncollected [Uncollected] or unpaid restitution; and

(B) sanctions [Sanctions] for violating the terms and conditions of supervision.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 16, 2024.

TRD-202406040

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 26, 2025

For further information, please call: (936) 437-6700

The Texas Board of Criminal Justice (board) proposes amendments to §163.33, concerning Community Supervision Staff. The proposed amendments revise "rule" to "section" throughout; revise the definition of "direct supervision"; and make grammatical and formatting updates.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.

Cross Reference to Statutes: None.

§163.33.Community Supervision Staff.

(a) Purpose.

(1) The purpose of this section [Community Justice Assistance Division (CJAD) rule] is to establish [set forth] the eligibility, professional training, certification, and record-keeping requirements for Community Supervision and Corrections Departments’ (CSCDs) professional staff, direct care staff, and contract staff.

(2) Once the Community Justice Assistance Division (CJAD) has certified a community supervision officer (CSO) or residential CSO in accordance with this section [rule], the CSO or residential CSO will maintain certification and eligibility for certification provided they are in compliance with training hour requirements and are employed by a CSCD.

(3) CSCDs, CSOs, residential CSOs, direct care staff, and contract staff members who work at CSCDs, Substance Abuse Felony Punishment Facilities (SAFPFs), CSCD residential facilities, or Community Correction Facilities (CCFs) must comply with this section [rule].

(4) This section [rule] specifies the certification and training requirements for professional staff and direct care staff based on their status as a new employee, an employee with less than four years of experience, an employee with more than four years of experience, a returning employee, or an employee who is exempt from certain certification requirements based upon their years of on-the-job experience.

(b) Definitions.

(1) "Contract staff" are staff working at a CSCD or one of its facilities pursuant to a contract rather than as permanent, full-time employees of the CSCD.

(2) "CSOs" [are community supervision officers who] provide direct supervision to offenders on community supervision.

(3) "Direct care staff" provide [are staff providing] direct care within a residential facility operated by a CSCD.

(4)"Direct supervision" refers to a type of supervision described in Section 163.35(b)(1) [offenders who are legally on community supervision and who work or reside in the jurisdiction in which they are being supervised and receive a minimum of one face-to-face contact with a CSO every three months. Direct supervision begins at the time of initial face-to-face contact with an eligible CSO. Local CSCDs may maintain direct supervision of offenders living or working in adjoining jurisdictions if the CSCD has documented approval from the adjoining jurisdictions].

(5) "Professional staff", in [for purposes of] this section [rule], includes CSCD directors and assistant directors, CCF directors and assistant directors, CSO supervisory staff, CSOs, and residential CSOs.

(6) "Professional training" includes a formal presentation of specific behavioral learning objectives and skills or specific knowledge in actual day-to-day community supervision work [and] approved by the CSCD director, in writing, as professional training.

(7) "Residential CSOs" [are community supervision officers who] provide direct supervision to offenders sentenced to community supervision within a residential facility managed by a CSCD.

(c) Eligibility for Employment [employment ] as a CSO or Residential [residential] CSO. To be eligible for employment as a CSO or residential CSO serving in a position of direct supervision of offenders, a person must:

(1) have [Have] a bachelor’s degree conferred by an institution of higher education accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;

(2) not [Not] be [a person] employed or volunteering as a peace officer or working [work ] as a reserve or volunteer peace officer;

(3) be [Be] eligible to supervise offenders in accordance with Texas Criminal Justice Information Services (CJIS) Access Policy; and

(4) become [Become] certified and attend professional training in accordance with this section [rule].

(d) Newly Hired [hired] CSO or Residential [residential] CSO Certification [certification]. A newly hired CSO or residential CSO shall complete the certification course and achieve a passing grade on the applicable CJAD certification examination within one year of the date of employment as a CSO or residential CSO. A CSO or residential CSO may complete course work and take examinations to achieve dual certification.

(1) A CSO or residential CSO who fails to achieve certification within the first year of employment shall not serve in a position of direct supervision over offenders until certification is achieved unless the CJAD grants an extension for the completion of course work and re-examination.

(2) A CSO or residential CSO who completes the certification course work but fails to pass the certification examination may take the examination a second time. A CSO or residential CSO who fails the examination a second time shall complete the certification course again before taking the examination for the third and final time.

(3) A CSO or residential CSO who has failed the certification examination three times is eligible to pursue certification no sooner than two years after the last failed examination in accordance with this section [rule] and shall not serve in a position of direct supervision over offenders until certification is achieved.

(e) Exempt CSO and Residential [residential ] CSO Certification [certification]. A CSO or residential CSO who has been continuously employed by any CSCD in Texas from on or before September 1, 1989, is exempt from the certification requirements. Certification courses and the certification examination, however, shall be available to exempt CSOs and residential CSOs. Exempt CSOs or residential CSOs who complete the certification course work but fail to pass the certification examination may take the examination a second time. An exempt CSO or residential CSO who fails the examination a second time may complete the certification course again before taking the examination for the third and final time. Although exempt from certification, exempt CSOs and residential CSOs are required to complete professional training each biennium in accordance with this section [rule].

(f) Recertification of Professional Staff Upon Re-employment [professional staff upon re-employment]. Professional staff subject to the certification provisions of this section [rule] who have left the employment of a Texas CSCD for more than one year are required to become recertified in accordance with this section [rule]. All professional staff [employees] who had less than one year of experience before leaving the employment of a CSCD must become certified or recertified in accordance with this section [rule].

(g) Professional Training of Professional Staff [training of professional staff].

(1) Professional staff with less than four years of experience shall complete at least 80 documented hours of professional training each biennium.

(A) Up to 40 hours in excess of the 80 required professional training hours may be carried over to the next biennium.

(B) Professional staff who fail to complete the required 80 hours of professional training within a biennium shall not serve in a position of direct supervision of offenders until the required professional training hours are completed.

(2) Professional staff with at least four years of experience shall complete at least 40 documented hours of professional training each biennium, beginning the biennium after which four years of experience is achieved.

(A) At least two of the required four years of experience shall have been earned as a full-time, wage-earning officer in Texas community supervision. Up to two of the four years of required experience may have been earned through work in juvenile probation or parole, adult parole, or similar work in other states. The required four years of experience is not required to be continuous.

(B) Up to 20 hours in excess of the 40 required professional training hours may be carried over to the next biennium.

(C) Professional staff who fail to complete the required 40 hours of professional training within a biennium shall not serve in a position of direct supervision over offenders until the required professional training hours are completed. Professional staff who are exempt from certification as defined in this section [rule] and fail to complete the required 40 hours of professional training within a biennium shall not serve in a position of direct supervision over offenders until the required professional training hours are completed.

(h) Training of CSOs Who Supervise SAFPF Program Participants [who supervise SAFPF program participants].

(1) CSOs who supervise participants in a SAFPF program shall complete the CJAD approved training designed for officers who supervise SAFPF program participants in [during the course of] treatment in a SAFPF and in the continuum of care component of the SAFPF program.

(2) The training shall be completed within one year of being assigned supervision of SAFPF program participants, unless the CJAD grants an extension for completion of the course work.

(3) CSOs who supervise SAFPF program participants and who fail to complete the CJAD approved SAFPF training shall not serve in a position of direct supervision over SAFPF program participants until the required CJAD approved SAFPF training is completed, unless the CJAD grants an extension.

(i) Direct Care Staff Certifications and Professional Training [care staff certifications and professional training].

(1) Newly Hired Direct Care Staff Certifications [hired direct care staff certifications]. Direct care staff working in a residential facility shall be required to complete the following types of training and obtain the required certifications within one year of their initial hire date as follows:

(A) training [Training] in ethics, discrimination, and sexual harassment;

(B) certification [Certification] in first aid procedures, cardiopulmonary resuscitation (CPR) procedures, and HIV/AIDS education. Direct care staff shall maintain certification in first aid procedures, CPR procedures, and HIV/AIDS education in accordance with the training authority's guidelines for frequency of training and certification in first aid procedures, CPR procedures, and HIV/AIDS education;

(C) residential [Residential] staff certification training offered by the CJAD; and

(D) a [A] defensive driving course. Direct care staff shall [and] provide certification of completion with a passing grade from the course provider to the CSCD director or designee. Direct care staff shall take defensive driving courses in accordance with the training authority's guidelines for frequency of training and certification in defensive driving.

(2) Direct care staff working in a residential facility shall be required to complete professional training as follows:

(A) All residential direct care staff, including contract staff, with less than four years of experience at the close of business on August 31st of any biennium, shall be required to complete a minimum of 40 hours of documented professional training per biennium.

(B) A minimum of 20 professional training hours per biennium shall be specific to the needs of the offender population served by the facility.

(C) Up to 20 hours in excess of the 40 required professional training hours may be carried over to the next biennium.

(3) Direct care residential staff with four or more years of experience at the close of business on August 31st of any biennium, regardless of when the four years of experience is achieved, shall complete at least 20 documented hours of professional training each biennium.

(A) In [For purposes of] this section, experience may include up to two years of prior employment as a correctional officer or direct care staff in a juvenile facility, jail, parole facility, state jail facility, prison, private vendor residential facility, or similar work in another state. At least two of the required four years of experience shall have been as a full-time, wage-earning direct care staff member in a CCF funded by the TDCJ CJAD in Texas. The required four years of experience is not required to be continuous.

(B) The reduced number of hours of required professional training for the direct care residential staff who have at least four years of experience shall not affect or reduce the training requirements regarding CPR, first aid, or defensive driving. A maximum of 10 hours earned in excess of the 20 required professional training hours may be carried over to the next biennium. Direct care residential staff who fail to complete the required 20 hours of training within a biennium shall not serve as direct care residential staff until the required hours are completed.

(j) Maintenance of Records [records]. Each CSCD director shall have a written policy that requires the maintenance of training records for all [each] professional staff, [or] direct care staff, [employee ] and contract staff [member]. The CSCD director or designee shall ensure that training records for staff identified in this section [rule] are maintained and available for CJAD auditors. Those records shall include the:

(1) [The] number of professional training hours completed and the dates of the training;

(2) [The] specific training programs attended with supporting documentation;

(3) [The] specific certifications obtained with supporting documentation;

(4) [The] number of completed professional training hours certified in writing by the CSCD director or designee as professional training; and

(5) [The] number of professional training hours carried over from one biennium to the next biennium in accordance with this section [these rules].

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 16, 2024.

TRD-202406041

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 26, 2025

For further information, please call: (512) 437-6700

The Texas Board of Criminal Justice (board) proposes amendments to §163.35, concerning Supervision. The proposed amendments revise "rule" to "section" throughout; revise the definition of "direct supervision"; and make grammatical and formatting updates.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.

Cross Reference to Statutes: None.

§163.35.Supervision.

(a) Definitions. The following words and terms, when used in this section [rule], shall be defined as follows and apply to both felonies and misdemeanors, unless the context clearly indicates otherwise.

(1) "Absconder" refers to a person who is known to have left the jurisdiction without authorization or who has not had face-to-face contact with their community supervision officer (CSO) within three months, and either:

(A) has an active Motion to Revoke (MTR) or Motion to Adjudicate filed and an unserved capias for his or her arrest; or

(B) has been arrested on an [a] MTR or Motion to Adjudicate, released from custody on bond, own recognizance, or conditional judicial agreement, but failed to appear for the MTR or the Motion to Adjudicate hearing and a bond forfeiture warrant has been issued by the court.

(2) "Case" refers to an offender assigned to a CSO for supervision.

[(3) Direct supervision refers to an offender who:]

[(A) is legally on community supervision;]

[(B) as of the last day of the month, works or resides in the jurisdiction in which they are being supervised; and]

[(C) receives a minimum of one face-to-face contact with a CSO every three months. Direct supervision begins at the time of initial face-to-face contact with an eligible CSO; or]

[(D) is under direct supervision while living or working in adjoining jurisdictions if the community supervision and corrections department (CSCD) has documented approval from the adjoining jurisdictions.]

(3) [(4)] "Face-to-face Contact" is an in-person communication between a CSO and offender.

(4) [(5)]"Field Visit" is an in-person communication between a CSO and offender at the offender's place of residence or at another location outside the CSCD office.

[(6) Indirect supervision is when an offender meets one of the following criteria:]

[(A) an offender who neither resides nor works within the jurisdiction of the CSCD and who is supervised in another jurisdiction;]

[(B) an offender who neither resides nor works within the jurisdiction but continues to submit written reports on a monthly basis because the offender is ineligible or unacceptable for supervision in another jurisdiction;]

[(C) an offender who has absconded or who has not had face-to-face contact with the CSO within three months;]

[(D) an offender who resides or works in the jurisdiction, but who, while in compliance with the orders of the court, does not meet the criteria for direct supervision; or]

[(E) an offender who resides and works outside the jurisdiction but reports in person and who does not fall under paragraph (3) of this subsection.]

(b) Types of Offender Supervision. Supervision may be direct or indirect according to the following guidelines.

(1) Direct supervision begins at the time of initial face-to-face contact with an eligible CSO and consists of the oversight of an offender who:

(A) is legally on community supervision;

(B) as of the last day of the month, works or resides in the jurisdiction in which they are being supervised; and

(C) meets one of the following:

(i) except as provided by paragraph (2), receives a minimum of one face-to-face contact with a CSO every three months; or

(ii) lives or works in adjoining jurisdictions if the community supervision and corrections department (CSCD) has documented approval from the adjoining jurisdictions.

(2) For state funding purposes:

(A) cases assessed as moderate, moderate-low, or low may substitute videoconferencing, teleconferencing, and kiosk-reporting in lieu of a face-to-face contact. Cases assessed as high will still be required to have a face-to-face contact once every three months; and

(B) notwithstanding any other provision in this subsection, probationers housed in a Substance Abuse Felony Punishment Facility, state intermediate sanction facility, or jail facility may be considered as being under direct supervision while housed at these locations without a face-to-face contact by a CSO, provided collateral contacts are made per the CSCD's written policy to confirm probationers' status at these facilities.

(3) Indirect Supervision refers to an offender who meets at least one of the following criteria:

(A) an offender who neither resides nor works within the jurisdiction of the CSCD and who is supervised in another jurisdiction;

(B) an offender who neither resides nor works within the jurisdiction but continues to submit written reports on a monthly basis because the offender is ineligible or unacceptable for supervision in another jurisdiction;

(C) an offender who has absconded or who has not had face-to-face contact with the CSO within three months;

(D) an offender who resides or works in the jurisdiction, but who, while in compliance with the orders of the court, does not meet the criteria for direct supervision; or

(E) an offender who resides and works outside the jurisdiction but reports in person and who does not fall under paragraph (1) of this subsection.

(c) [(b)] System of Offender Supervision. Each CSCD director shall develop a system of offender supervision that is based upon:

(1) the jurisdiction's profile of revoked offenders;

(2) the jurisdiction's profile of offenders under direct community supervision;

(3) each individual offender's identified risks and needs;

(4) availability of sanctions, programs, services, and community resources;

(5) applicable law and Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) policies and procedures;

(6) policies governing a CSO transporting offenders which ensure that CSOs do not transport an offender held in a county jail pursuant to an arrest warrant. All other transportation of an offender shall be in accordance with the CSCD's policies or [pursuant to] a court order; and

(7) policies of the local judiciary.

(d) [(c)] Supervision Process. Each CSO shall provide direct supervision for cases to include the following:

(1) an orientation and intake session with each offender after the court has placed the offender under supervision which shall include a thorough discussion of the conditions of community supervision and terms of release. The CSO shall ensure that the offender has received a copy of the conditions of community supervision or terms of release ordered by the court as provided by law;

(2) an assessment that gathers relevant and valid information for every offender. This process shall specifically address the offender's criminogenic needs. The CSO shall request specialized assessments for offenders when criminogenic needs indicate such an assessment is necessary. Within 90 days of placement on community supervision, acceptance of a transfer case, or discharge from any residential facility, jail, or institution, the CSO, Qualified Credentialed Counselor (QCC), or assessor who has successfully completed the Texas Risk Assessment training shall determine a level of supervision for each offender based on the offender's criminogenic needs.

(3) a written individualized case supervision or treatment plan provided within 90 days of the most recent community supervision placement. The plan should be based upon the offender's criminogenic needs to address specific problem areas and assist the offender in achieving responsible behavior;

(4) re-evaluation of criminogenic needs, factors, and supervision plans performed at least once every 12 months for all direct supervision cases by the CSO, QCC, or assessor. An approved TDCJ CJAD reassessment shall be completed any time a significant change occurs in the status of the offender. Any necessary modification of the supervision plan shall be indicated in writing in the case file;

(5) face-to-face, field visit, telephone, and collateral contacts with the offender, family, community resources, or other persons pursuant to and consistent with the offender's supervision plan and the level of supervision on which the offender is being supervised by the CSO. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction. An offender at an increased level of supervision because of assessments of greater risk or special needs shall receive a higher level of contacts than an offender at a lower level of supervision. The nature and extent of supervision contacts with an offender shall be specified in the CSCD's written policies and procedures;

(6) maintenance of a problem oriented record keeping system by the CSO which documents all significant actions, decisions, services rendered, and periodic evaluations in the offender's case file, including the offender's status regarding the level of supervision, compliance with the conditions of community supervision, progress with the supervision plan, and responses to intervention;

(7) adherence to written policies and procedures established by each CSCD director that identify when CSOs shall make recommendations to the courts regarding violations of the conditions of community supervision, and when violations may be handled administratively. The availability of incentives and progressive interventions and sanctions as alternatives to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction; and

(8) adherence to standards established by the CSCD director to ensure public safety during intrastate transfers by recognizing the need of the sending and receiving jurisdictions to continue control and supervision over these offenders, which include the following provisions;

(A) Except in cases of non-CSCD residential facility placements, supervision shall be transferred if a direct supervision offender will be in another jurisdiction for more than 30 days, except when the designated representatives of the two CSCDs agree there is good cause for the original jurisdiction to maintain supervision. Only the court retaining jurisdiction over an offender has the authority to modify or alter a condition of community supervision. Each CSCD director shall ensure that a CSO providing direct supervision to an offender transferred from another Texas jurisdiction fully enforces the order of the court that placed the offender on community supervision. It is the responsibility of the offender to comply with the conditions of community supervision imposed by the court. Each CSCD director shall ensure that a CSO provides the same level of supervision to transferred cases as they do for the offenders in their jurisdiction. The documents necessary for transfer include the transfer form, the court order placing the offender on community supervision citing all conditions of community supervision, the offense report, written individualized case supervision or treatment plan, state identification (SID) or personal identifier (PID) number within 90 days of transfer to the receiving jurisdiction, the pre- and post-sentence investigation report as required, and any completed assessments. A CSCD director who declines or ceases to provide transferred supervision to an offender from another jurisdiction shall immediately notify the original jurisdiction in writing of the reasons for declining supervision. A CSCD that ceases to provide transferred supervision to an offender from another jurisdiction for violations other than absconding shall consult with the original jurisdiction before closing supervision. The CSCD shall then notify the original jurisdiction, in writing, of the reason for closing supervision.

(B) The court retaining jurisdiction over an offender also may order the offender to report to the original jurisdiction or the jurisdiction where the offender resides or works.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 16, 2024.

TRD-202406042

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 26, 2025

For further information, please call: (512) 437-6700

The Texas Board of Criminal Justice (board) proposes amendments to §163.41, concerning Medical and Psychological Information. The proposed amendments update the reference to model policy guidelines with the corresponding Texas Health and Safety Code and remove the website address.

Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.

Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required. The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.

The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.

Comments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments from the general public must be received within 30 days of the publication of this rule in the Texas Register.

The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §509.003, which authorizes the board to adopt reasonable rules establishing standards and procedures for the TDCJ Community Justice Assistance Division.

Cross Reference to Statutes: None.

§163.41.Medical and Psychological Information.

(a) Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Policies. Community Supervision and Corrections Department (CSCD) directors shall develop and implement policies relevant to HIV and AIDS in accordance with guidelines established by the Texas Department of State Health Services and adopted by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD). These policies shall be incorporated in the CSCD's administrative manuals and shall include, at a minimum, the following:

(1) education and training;

(2) confidentiality;

(3) workplace guidelines; and

(4) supervision of individuals with HIV or AIDS infection.

(b) In accordance with Texas Health & Safety Code §§85.142 and 85.143, the HIV-AIDS policy must:

(1) provide for periodic education of employees and offenders concerning HIV;

(2) ensure that education programs for employees include information and training relating to the infection control procedures and that employees have infection control supplies and equipment readily available;

(3) ensure access to appropriate services and protect the confidentiality of medical records relating to HIV infection; and

(4) conform with the model policy guidelines developed in accordance with Texas Health & Safety Code §85.141. [See e.g., https://www.dshs.texas.gov/hivstd/policy/policies/090-020.shtm]

(c) Employee Training. CSCD residential directors shall ensure that residential staff attend and complete HIV-AIDS classroom training within the first year of employment and each year thereafter. Training shall include, at a minimum, information relating to infection control procedures, information regarding infection control supplies and equipment, and policies regarding the handling, care, and treatment of HIV-AIDS infected persons in their custody.

(d) Medical and Psychological Information. All records and other information concerning an offender's physical or mental state, including information pertaining to an offender's HIV-AIDS testing, results, and status, are confidential in accordance with state and federal law. Medical and psychological information shall be maintained in a safe and secure manner. Access to this confidential information shall be restricted to only those persons who have been authorized to receive this information by law or with a duly executed release and waiver of confidentiality from the offender. The CSCD may disclose medical and psychological information relating to special needs offenders in accordance with Texas Health & Safety Code §§614.001-614.021 and other state and federal law.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on December 16, 2024.

TRD-202406043

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Earliest possible date of adoption: January 26, 2025

For further information, please call: (936) 437-6700