PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (board) proposes amendments to §151.4, concerning Public Presentations and Comments to the Texas Board of Criminal Justice. The proposed amendments provide additional contact information for individuals with disabilities who have special accommodation needs to reach the board office, and minor word changes. The proposed amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
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 §492.007, which requires the board to provide the public with a reasonable opportunity to speak on any issue under the jurisdiction of the board; §492.013, which authorizes the board to adopt rules; §§551.001-.146, which establishes guidelines for open meetings; Texas Penal Code §30.06, which creates an offense of trespass by license holder with a concealed handgun, and establishes exceptions and defenses for such; and §30.07, which creates an offense of trespass by license holder with an openly carried handgun, and establishes exceptions and defenses for such.
Cross Reference to Statutes: None.
§151.4.Public Presentations and Comments to the Texas Board of Criminal Justice.
(a) Policy. The Texas Board of Criminal Justice (TBCJ or board) is committed to providing access and opportunity for public presentations and comments as provided by this section. Individuals not employed by or under contract with the Texas Department of Criminal Justice (TDCJ), who wish to have items placed on the board's posted agenda, shall follow the procedures set forth in subsection (g) of this section. Public presentations and comments shall be:
(1) subject to the requirements and restrictions of this section;
(2) pertinent to issues under the jurisdiction of the board, as determined by the board chairperson and the TDCJ general counsel; and
(3) pertinent to policies, procedures, standards, and
rules of the TDCJ. Disputes that are appropriately the subject of
the employee grievance system, the employee disciplinary system, the inmate [offender] grievance system, the inmate [offender] disciplinary system, or comments regarding pending
litigation shall be addressed through those processes.
(b) Definitions.
(1) Public presentations are presentations made by the public to the TBCJ regarding topics posted on a board meeting agenda that has been filed with and published by the Texas Register and as provided for in subsection (c) of this section.
(2) Public comments are comments made by the public on non-posted agenda topics and as provided for in subsection (d) of this section.
(c) Public presentations. Individuals who desire to make public presentations to the TBCJ on posted agenda topics shall provide, on the date of the meeting, a completed registration card to onsite board office staff at least 10 minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the board's scheduled meeting will be held.
(1) Pre-registration is available for public presentations through first class mail at P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by the board office staff at least four calendar days prior to the posted meeting date of the presentation. In addition to the information required in subsection (c)(2) of this section, pre-registration submissions shall include appropriate contact information, such as a daytime phone number or email address, for the individual who is registering to speak.
(2) Registration cards and pre-registration submissions shall include:
(A) the name of the individual who will make the presentation;
(B) a statement as to whether the individual is being remunerated for the presentation and if so, by whom; and if applicable, the name of the individual or entity on whose behalf the presentation will be made;
(C) a statement as to whether the presenter has registered as a lobbyist in relation to the agenda topic being addressed;
(D) a reference to the agenda topic on which the individual wants to present;
(E) an indication as to whether the presenter will speak for or against the proposed agenda topic; and
(F) a statement verifying that all information that will be presented is factual, true, and correct to the best of the speaker's knowledge.
(3) The TBCJ chairperson shall have discretion in setting reasonable limits on the time allocated for public presentations on posted agenda topics. If several individuals have registered to address the board on the same agenda topic, it shall be within the discretion of the board chairperson to request that those individuals select a representative amongst themselves to express such remarks or limit their presentations to an expression of support for views previously articulated.
(4) The TBCJ chairperson shall provide an opportunity for public presentations to occur prior to the board taking action on the topic denoted on the presenter's registration card. If an individual who is registered to speak on a posted agenda item is not present when called upon, that individual's opportunity to speak prior to action being taken on that topic shall be forfeited.
(5) A presenter may submit documentation pertaining to the public presentation to the board office staff. Documents shall be submitted at least three calendar days prior to the posted meeting date when the presentation is to occur. Such documentation shall then be distributed to the board. Any documentation submitted after the above-referenced date will not be distributed to the board until after the presentation. A minimum of 12 copies of any such documentation shall be submitted to the board office staff or distribution may not occur.
(d) Public comments.
(1) Twice a year, at the second and fourth regular called meetings of the board, an opportunity shall be provided for public comment on issues that are not part of the TBCJ's posted agenda but are within the board's jurisdiction. Special called meetings are not counted toward the requirement of this subsection.
(2) Individuals who desire to make public comments to the TBCJ at these meetings shall provide, on the date of the meeting, a completed registration card to onsite board office staff at least 10 minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the board's scheduled meeting will be held.
(3) Pre-registration is available for public comments through first class mail at P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by board office staff no earlier than the first day of the month preceding the board meeting for which the registration is intended and at least four calendar days prior to the posted meeting date when the comments are to occur. In addition to the information required in subsection (d)(4) of this section, pre-registration submissions shall include appropriate contact information, such as a daytime phone number or email address, for the individual who is registering to speak.
(4) Registration cards and pre-registration submissions shall include:
(A) the name of the individual who will make the comments;
(B) a statement as to whether the individual is being remunerated for the comments and if so, by whom; and, if applicable, the name of the individual or entity on whose behalf the comments will be made;
(C) a statement as to whether the presenter has registered as a lobbyist in relation to the topic being addressed;
(D) the topic on which the individual shall speak and whether the individual will speak for or against the topic; and
(E) a statement verifying that all information that will be presented is factual, true, and correct to the best of the speaker's knowledge.
(5) The TBCJ chairperson shall have discretion in setting
reasonable limits on the time allocated for public comments. If several
individuals have registered to address the board on the same topic,
it shall be within the discretion of the board chairperson to request
that those individuals select a representative amongst themselves
to express such comments [,] or limit their comments to
an expression of support for views previously articulated.
(6) Public comments shall be heard just prior to the conclusion of the board meeting, with deviation from this practice within the discretion of the board chairperson. If an individual who is registered to speak on a non-posted topic is not present when called upon, that individual shall be called once more following all other registered speakers. If that individual is not present at that time, their opportunity to speak at that meeting shall be forfeited.
(7) A presenter may submit documentation pertaining to the public comments to the board office staff. Documentation shall be submitted at least three calendar days prior to the posted meeting date when the comments are to occur. Such documentation shall then be distributed to the board. Any documentation submitted after the above-referenced date will not be distributed to the board until after the comments. A minimum of 12 copies of any such documentation shall be submitted to the board office staff or distribution may not occur.
(e) Disability accommodations. Individuals with disabilities who have special communication or accommodation needs and who plan to attend a meeting may contact the board office at 512-475-3250,tbcj@tdcj.texas.gov, or P.O. Box 13084, Austin, Texas 78711. Requests for accommodation shall be made at least two days prior to a posted meeting. The TBCJ shall make every reasonable effort to accommodate these needs.
(f) Conduct and decorum. The TBCJ shall receive public presentations and comments as authorized by this section, subject to the following additional guidelines:
(1) Due to requirements of the Open Meetings Act, questions shall only occur on public presentations as defined in subsection (b) of this section as they are associated with posted agenda topics. Questions shall be reserved for board members and staff recognized by the board chairperson.
(2) Presentations and comments shall remain pertinent to the issues denoted on the registration cards.
(3) An individual who is determined by the board chairperson to be disrupting a meeting shall immediately cease the disruptive activity or leave the meeting room if ordered to do so by the board chairperson. If the disruptive activity continues, the individual may be subject to removal from the meeting room.
(4) A presenter may not assign a portion of his or her allotted presentation time to another speaker.
(5) Signs and placards shall not be carried or displayed in the meeting room.
(g) Requests for issues to be placed on an agenda. Individuals not employed by or under contract with the TDCJ who wish to propose an agenda item for discussion at a TBCJ meeting shall address the request in writing to the chairperson, Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Such requests shall be titled "Proposed Agenda Topic" and shall be submitted no later than the first day of the month preceding the board meeting for which the request is intended. Such requests are subject to the requirements of the registration card in subsection (c) of this section. The decision as to whether to calendar a matter for discussion before the TBCJ, a board committee, a board liaison, or with a designated staff member shall be within the discretion of the board chairperson. Public presentations on topics placed on a board agenda, at the request of an individual, shall be in accordance with subsection (c) of this section.
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 18, 2023.
TRD-202304852
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 28, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §151.6, concerning Petition for the Adoption of a Rule. The proposed amendments ensure that an economic impact statement will also include the projection of the impact of the rule on rural communities, which mirrors language in Gov't Code §2006.002, Adoption of Rules with Adverse Economic Effect. The proposed amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
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; §492.016, which requires the board to develop and implement policies to encourage the use of negotiated rulemaking procedures and appropriate alternative dispute resolution procedures; §2001.021, which requires state agencies to prescribe the form for a petition and the procedure for its submission, consideration, and disposition; and Chapter 2008, which authorizes a state agency to engage in negotiated rulemaking.
Cross Reference to Statutes: None.
§151.6.Petition for the Adoption of a Rule.
(a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) to encourage public input in the TBCJ 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 the Texas Department of Criminal Justice (TDCJ) at P.O. Box 4004, Huntsville, Texas 77342.
(3) The petition shall be in writing, contain the petitioner's name and address, and describe the rule and the reason for making such petition. If the general counsel determines that further information is necessary, 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 indicating 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 or on small or microbusinesses required to comply with the proposed rule;
(E) If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:
(i) 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 or rural communities, and describes alternative methods of achieving the purpose of the proposed rule; and
(ii) A regulatory flexibility analysis as defined in Texas Government Code § 2006.002; and
(F) 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 reject or approve 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 TDCJ 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 TBCJ 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 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 months after the date of the initial petition.
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 18, 2023.
TRD-202304853
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 28, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §151.25, concerning Tobacco and Vapor Products. The proposed amendments are minor word changes. The proposed amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
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 are minor word changes.
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 are minor word changes. 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 §494.010, which establishes requirements for designated locations for the use of tobacco products by employees.
Cross Reference to Statutes: None.
§151.25.Tobacco and Vapor Products.
(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.
(1) A correctional facility is a secure facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ).
(2) A designated outdoor use area is a location where the use of tobacco and vapor products is authorized.
(3) An employee is a person employed by the TDCJ on a full-time, part-time, or temporary basis, including contract employees.
(4) An intern is an individual who performs work for the TDCJ on a temporary basis with or without pay, and whose work:
(A) provides training or supplements training given in an educational environment;
(B) provides experience for the benefit of the individual performing the work; and
(C) is performed under the close supervision of TDCJ staff.
(5) A person conducting official state business is any individual on TDCJ property for the purpose of conducting any form of official state business.
(6) TDCJ property includes land, buildings, private offices, and vehicles owned, leased, or under contract by the TDCJ, excluding state-owned individual dwellings.
(7) Tobacco products are cigars, cigarettes, snuff, or any other similar goods prepared for smoking, chewing, dipping, or any other such personal use.
(8) Vapor products are electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.
(9) A visitor is any non-TDCJ employee on TDCJ property for any purpose other than conducting official state business.
(10) A volunteer is an individual who has been approved to perform volunteer services for the TDCJ.
(b) This rule is applicable to all employees, interns, volunteers, persons conducting official state business, and visitors to TDCJ property.
(c) The TDCJ is committed to providing a safe and healthy
environment and working conditions for employees, interns, volunteers,
visitors, and inmates [offenders]. TDCJ employees,
interns, volunteers, visitors, and persons on TDCJ property conducting
official state business are authorized to possess and use tobacco
or vapor products in accordance with this section.
(d) The use of tobacco or vapor products inside TDCJ
property is strictly prohibited. Designated outdoor use areas shall
be at a sufficient distance from any place at which employees regularly
perform duties to ensure that no employee who abstains from the use
of tobacco or vapor products is physically affected by the use of
the products at the designated outdoor use areas. Tobacco or vapor
product use in the designated outdoor use areas shall not affect the
safety of any employee, intern, volunteer, visitor, or inmate [offender]. Employees are permitted to use tobacco or vapor products
in designated outdoor use areas while on break and during their lunch period.
(1) Administrative Offices.
(A) Employees, interns, volunteers, visitors, and persons conducting official state business are permitted to carry and store tobacco and vapor products while in administrative offices that are not located within a correctional facility. The use of tobacco or vapor products is only allowed at designated outdoor use areas or in personal vehicles and any used tobacco or vapor products shall be disposed of in the receptacles provided or in personal vehicles. For administrative offices located in a correctional facility, procedures are set forth in subsection (d)(2) of this section.
(B) The senior administrator of an administrative office building shall designate outdoor use areas and ensure the areas are at least 15 feet from any entryway to the building, preferably removed from the view of passing traffic. If the building owner or ordinance requires a greater distance, the senior administrator shall comply.
(2) Secure Correctional Facilities within the Correctional Institutions and Parole Divisions.
(A) Employees, interns, volunteers, visitors, and persons conducting official state business are prohibited from carrying and storing tobacco and vapor products while in secure correctional facilities. The use of tobacco or vapor products is only allowed in designated outdoor use areas or in personal vehicles and any used tobacco or vapor products shall be disposed of in the receptacles provided or in personal vehicles.
(B) The unit warden shall designate outdoor use areas and ensure the areas are at least 15 feet from the facility's main entrance.
(e) Violation of this rule may result in disciplinary action in accordance with PD-22, "General Rules of Conduct and Disciplinary Action Guidelines for Employees." Interns, volunteers, visitors, and persons conducting official state business who violate this rule may be asked to leave the property at the discretion of the senior supervisor onsite.
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 18, 2023.
TRD-202304854
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 28, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §151.71, concerning Marking of Texas Department of Criminal Justice Vehicles. The proposed amendments provide an additional exemption to include vehicles used primarily for administrative purposes and assigned to TDCJ officials holding administrative positions, as determined by the executive director, for which confidentiality is necessary to prevent undue risk of danger or injury to TDCJ officials operating those vehicles or damage to the vehicle, and other minor word changes. The proposed amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
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 Texas Transportation Code §§721.002-.003, which establish guidelines and provide exemptions for inscription requirements on state-owned motor vehicles.
Cross Reference to Statutes: None.
§151.71.Marking of Texas Department of Criminal Justice Vehicles.
(a) Except as provided in subsections (b) and (c) of this rule, all Texas Department of Criminal Justice (TDCJ) vehicles shall be inscribed in accordance with Texas Transportation Code § 721.002 and § 721.003.
(b) The purposes for not inscribing TDCJ vehicles are to legitimately maintain anonymity for law enforcement purposes, to avoid damage to a vehicle or danger to staff that could occur if the vehicle were identified as a TDCJ vehicle, and to avoid hindrance of TDCJ efforts in an emergency, such as an escape, attempted escape, or riot. Accordingly, the following vehicles are exempt from inscription:
(1) vehicles used for surveillance, undercover work, or investigation of law or TDCJ policy violations by the Office of the Inspector General or any other investigatory unit within the TDCJ;
(2) vehicles used primarily for administrative purposes and assigned to TDCJ officials holding administrative positions, as determined by the executive director, for which confidentiality is necessary to prevent undue risk of danger or injury to TDCJ officials operating those vehicles or damage to the vehicle;
(3) [(2)] vehicles assigned to
officials holding administrative positions whose jobs require response
to emergency situations involving inmates [offenders]; and
(4) [(3)] vehicles used to conduct
home visits of offenders under supervision of the TDCJ.
(c) The TDCJ shall establish a procedure for determining whether a vehicle is subject to an exemption in subsection (b) of this rule. If the executive director determines that a vehicle should be exempt but does not fit into an exemption under subsection (b) of this rule, the executive director may authorize the non-inscription of the vehicle subject to ratification at the next regularly scheduled meeting of the Texas Board of Criminal Justice (TBCJ). Ratification may be by inclusion under consent items on the TBCJ meeting agenda at such meeting as described above.
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 18, 2023.
TRD-202304855
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 28, 2024
For further information, please call: (936) 437-6700
SUBCHAPTER D. OTHER RULES
The Texas Board of Criminal Justice (board) proposes amendments to §152.51, concerning Authorized Witnesses to the Execution of an Inmate Sentenced to Death. The proposed amendments remove the requirement for witnesses to be on the approved inmate's visitor list; add a requirement that an inmate submit a request in writing to the death row unit warden to have a TDCJ chaplain or the inmate's spiritual advisor present inside the execution chamber within 30 days of being notified of an execution date and explain in writing what actions the inmate requests the spiritual advisor to perform; added that the spiritual advisor shall have an established ongoing spiritual relationship with the inmate demonstrated by regular communications or in-person visits prior to the inmate's scheduled execution date, or must be currently employed as a TDCJ chaplain; removed language that required the spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the condemned inmate's elected religion; and clarify other current practices. The proposed amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
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 clarify procedures related to the attendance of an inmate's spiritual advisor or TDCJ chaplain.
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 clarify procedures related to the attendance of an inmate's spiritual advisor or TDCJ chaplain. 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 Texas Code of Criminal Procedure Art. 43.20, which establishes persons that may be present at an execution.
Cross Reference to Statutes: None.
§152.51.Authorized Witnesses to the Execution
of an Inmate [Offender] Sentenced to Death
(a) Purpose. The purpose of this rule is to specify
those adults, 18 years of age or older, who are authorized to witness
the scheduled execution of an inmate [offender]
who has been sentenced to death.
(b) Victim Witnesses. Five close relatives of the victim and a spiritual advisor may be victim witnesses. The total number of victim witnesses shall not exceed six, unless the provision in paragraph 3 of this subsection applies, at which time the number of victim witnesses shall not exceed seven.
(1) "Close relative of the victim" means the following
persons in relation to the victim for whose death the inmate [offender] has been scheduled for execution:
(A) The spouse of the victim at the time of the victim's death;
(B) A parent or stepparent of the victim;
(C) An adult brother, sister, child, or stepchild of the victim; or
(D) An individual who had a close relationship with the victim or has a close relationship with a relative of the victim, with the recommendation of the Victim Services Division (VSD) director and approval of the Correctional Institutions Division (CID) director.
(2) If there are fewer than five close relatives of the victim scheduled to attend, others may be permitted to attend the execution as follows:
(A) Close relatives of a victim for whose death the inmate
[offender] has been convicted but not sentenced
to death;
(B) Close relatives of a victim for whose death the inmate
[offender] is unequivocally responsible, with the
recommendation of the VSD director and approval of the CID director; and
(C) The surviving [Surviving]
victim of a crime for which the inmate [offender]
has been convicted and sentenced to death, with the recommendation
of the VSD director and approval of the CID director.
(3) If there are multiple victims involved in [relating to] the offense for which the inmate [offender
] has been convicted and sentenced to death, the total number
of witnesses shall be increased to seven.
(4) The spiritual advisor shall be a licensed
or certified [bona fide] pastor or comparable official,
such as a minister, priest, or rabbi, of the victim's or close
relatives' religion.
(c) Inmate [Offender] Witnesses.
Individuals that may be inmate [offender] witnesses
are as follows:
(1) Five of the inmate's relatives or friends
and a spiritual advisor may [, if requested by the
condemned offender, are eligible to] attend the execution of
the condemned inmate [offender] if:
(A) The [condemned] inmate [offender
] provides a list of witnesses [and the name or type of
spiritual advisor requested to attend the execution] to the
death row supervisor or warden's designee at least 14 days prior to
the date of execution; [and]
(B) The witnesses [requested] are [on
the offender's approved Visitors List and are] 18 years of age
or older;[.]
(C) The inmate submits a request in writing to the death row unit warden to have a TDCJ chaplain or the inmate's spiritual advisor present inside the execution chamber within 30 days of being notified of an execution date and must explain in writing what actions the inmate requests the spiritual advisor to perform while inside the execution chamber; and
(D) The spiritual advisor must be currently employed as a TDCJ chaplain or have an established ongoing spiritual relationship with the inmate as shown by regular communications or in-person visits with the inmate prior to the inmate's scheduled execution date.
(2) If the inmate wants to change the witnesses previously designated, and the request is made less than 14 days before the execution, the inmate shall submit the request in writing through the death row unit warden to the CID director, who shall approve or disapprove the changes.
[(2) If less than 14 days prior to
the scheduled execution the condemned offender requests to change
the names of previously submitted witnesses or requested spiritual
advisor, the offender shall submit a request in writing to the CID
director who shall approve or disapprove the changes.]
[(3) The spiritual advisor shall be a bona fide pastor or comparable official, such as a minister, priest, or rabbi, of the condemned offender's elected religion.]
(d) Other Witnesses. Persons [The only
persons] other than those listed in subsections [subsection
] (b) and (c) who are authorized to witness an execution are:
(1) Texas Department of Criminal Justice (TDCJ) staff or law enforcement staff as deemed necessary by the CID director;
(2) Members of the Texas Board of Criminal Justice;
(3) The Inspector General [general
] or designee, and staff of the Office
of the Inspector General [assigned staff] as deemed necessary
by the Inspector General [inspector general];
(4) TDCJ chaplains;
(5) The Walker County judge;
(6) The Walker County sheriff;
(7) Media pool representatives consisting of:
(A) One reporter from the Huntsville Item;
(B) One reporter from the Associated Press;
(C) Three additional print media or broadcast media
representatives selected from a list of applicants maintained by the
TDCJ Communications Department [Public Information
Office]; and
(8) Any other person approved by the TDCJ CID director.
(e) Prohibition of Attendance. Any inmate [offender] currently confined within the TDCJ is specifically
denied authorization to witness the execution of another inmate [an offender].
(f) Victim Notification.
(1) The VSD shall maintain a list of scheduled executions
and will include any [subsequent updates regarding]
significant changes pertaining to the execution, such as dates or
court rulings. The Executive Clemency Section of the Board of Pardons
and Paroles will provide a list of scheduled executions to the VSD
in an expedient manner.
(2) The VSD is responsible for notifying the victim(s)
or close relatives of the victim of the scheduled execution date,
time, and location, upon request. Victim(s) [It is
the responsibility of the victim(s)] or close relatives shall [to] notify the VSD of any address or telephone number changes
and of their intent to attend.
(3) The relatives of the victim, and surviving victims, shall be identified and approved by the VSD.
(4) It is the responsibility of the VSD to notify the
CID director, no later than five days prior to the scheduled execution
date, of the names and relationships to the victim [contact
numbers] for the victim's witnesses and support persons who
plan to attend.
(5) The VSD shall contact the relatives of the victim, and surviving victims, and provide information regarding the written procedures affecting their participation.
(g) Requirements for the Execution Chamber. The room provided for the execution shall be arranged so that:
(1) There is sight and sound separation between any inmate
[offender] witnesses and any victim witnesses; and
(2) There is sound separation between the condemned inmate
[offender] and those in attendance, except arrangements
shall be provided to allow those in attendance to hear the statements
of the condemned inmate [offender].
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 18, 2023.
TRD-202304856
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 28, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §159.15, concerning the GO KIDS Initiative. The proposed amendments are minor word changes. The proposed amendments have been reviewed by legal counsel and found to be within the board's authority to adopt.
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 are minor word changes.
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 are minor word changes. 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 §492.001, which establishes that the board governs TDCJ; and §492.013, which authorizes the board to adopt rules.
Cross Reference to Statutes: None.
§159.15.GO KIDS Initiative.
(a) The Texas Department of Criminal Justice (TDCJ) Giving Offenders' Kids Incentive and Direction to Succeed (GO KIDS) initiative identifies programs within the TDCJ and resources at local, state, and national levels to help the children of those persons under criminal justice supervision in Texas.
(b) A directory identifying these programs and resources
is available on the TDCJ website (www.TDCJ.texas.gov) in the "inmate
[offender] information" section. In addition, direct
links to selected GO KIDS collaborators are included.
(c) A TDCJ GO KIDS coordinator is available to answer inquiries on the initiative. Inquiries should be addressed to the GO KIDS coordinator, TDCJ Rehabilitation Programs Division, P.O. Box 99, Huntsville, Texas 77342-0099.
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 18, 2023.
TRD-202304857
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: January 28, 2024
For further information, please call: (936) 437-6700
CHAPTER 217. ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION
The Texas Commission on Law Enforcement (Commission) proposes amended 37 Texas Administrative Code §217.1, Minimum Standards for Enrollment and Initial Licensure. This proposed amended rule conforms with the amendments made to Texas Occupations Code §1701.3095 and §1701.451(a)(3)(B)(X) made by Senate Bill 252 (88R) and Texas Occupations Code §1701.310 made by House Bill 2183 (88R).
Mr. John P. Beauchamp, Interim Executive Director, has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no effect on state or local governments as a result of enforcing or administering the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be a positive benefit to the public by conforming with Texas Occupations Code §1701.3095, §1701.310, and §1701.451. There will be no anticipated economic costs to persons required to comply with the proposed amendment.
Mr. Beauchamp has determined that for each year of the first five years this proposed amended rule will be in effect, there will be no anticipated cost to small businesses, microbusinesses, or individuals as a result of implementing the proposed amendment.
Mr. Beauchamp has determined the following:
(1) the proposed rule does not create or eliminate a government program;
(2) implementation of the proposed rule does not require the creation of new employee positions or the elimination of existing employee positions;
(3) implementation of the proposed rule does not require an increase or decrease in future legislative appropriations to the agency;
(4) the proposed rule does not require an increase or decrease in fees paid to the agency;
(5) the proposed rule does not create a new regulation;
(6) the proposed rule does not expand, limit, or repeal an existing regulation;
(7) the proposed rule does not increase or decrease the number of individuals subject to the rule's applicability; and
(8) the proposed rule does not positively or adversely affect this state's economy.
The Commission will accept comments regarding the proposed amended rule. The comment period will last 30 days following the publication of this proposal in the Texas Register. Comments may be submitted electronically to public.comment@tcole.texas.gov or in writing to Mr. John P. Beauchamp, Interim Executive Director, Texas Commission on Law Enforcement, 6330 E. Highway 290, Suite 200, Austin, Texas 78723-1035.
The amended rule is proposed under Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.3095, Licensing of Certain Veterans Who Are Legal Permanent Residents, §1701.310, Appointment of County Jailer; Training Required, §1701.451, Preemployment Procedure, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
The amended rule as proposed is in compliance with Texas Occupations Code §1701.151, General Powers of the Commission; Rulemaking Authority, §1701.3095, Licensing of Certain Veterans Who Are Legal Permanent Residents, §1701.310, Appointment of County Jailer; Training Required, §1701.451, Preemployment Procedure, and Texas Government Code §2001.028, Notice of Proposed Law Enforcement Rules.
No other code, article, or statute is affected by this proposal.
§217.1.Minimum Standards for Enrollment of Initial Licensure.
(a) In order for an individual to enroll in any basic licensing course the provider must have on file documentation, acceptable to the Commission, that the individual meets eligibility for licensure.
(b) The commission shall issue a license to an applicant who meets the following standards:
(1) minimum age requirement:
(A) for peace officers and public security officers, is 21 years of age; or 18 years of age if the applicant has received:
(i) an associate's degree; or 60 semester hours of credit from an accredited college or university; or
(ii) has received an honorable discharge from the armed forces of the United States after at least two years of active service;
(B) for jailers and telecommunicators is 18 years of age;
(2) minimum educational requirements:
(A) has passed a general educational development (GED) test indicating high school graduation level;
(B) holds a high school diploma; or
(C) for enrollment purposes in a basic peace officer academy only, has an honorable discharge from the armed forces of the United States after at least 24 months of active duty service.
(3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record;
(4) has never been on court-ordered community supervision or probation for any criminal offense above the grade of Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order;
(5) is not currently charged with any criminal offense for which conviction would be a bar to licensure;
(6) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years;
(7) has never been convicted or placed on community supervision in any court of an offense involving family violence as defined under Chapter 71, Texas Family Code;
(8) for peace officers, is not prohibited by state or federal law from operating a motor vehicle;
(9) for peace officers, is not prohibited by state or federal law from possessing firearms or ammunition;
(10) has been subjected to a background investigation completed by the enrolling or appointing entity into the applicant's personal history. A background investigation shall include, at a minimum, the following:
(A) An enrolling entity shall:
(i) require completion of the Commission-approved personal history statement; and
(ii) verify that the applicant meets each individual requirement for licensure under this rule based on the personal history statement and any other information known to the enrolling entity; and
(iii) contact all previous enrolling entities.
(B) In addition to subparagraph (A) of this paragraph, a law enforcement agency or law enforcement agency academy shall:
(i) require completion of the Commission-approved personal history statement; and
(ii) meet all requirements enacted in Occupations Code 1701.451, including submission to the Commission of a form confirming all requirements have been met. An in-person review of personnel records is acceptable in lieu of making the personnel records available electronically if a hiring agency and a previous employing law enforcement agency mutually agree to the in-person review.
(11) examined by a physician, selected by the appointing or employing agency, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought and appointment to be made. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the agency to be:
(A) physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought;
(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test; and
(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory medical exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;
(12) examined by a psychologist, selected by the appointing, employing agency, or the academy, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties appropriate to the type of license sought. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought. The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of a review of a job description for the position sought; review of any personal history statements; review of any background documents; at least two instruments, one which measures personality traits and one which measures psychopathology; and a face to face interview conducted after the instruments have been scored. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of the appointment by the agency;
(A) the commission may allow for exceptional circumstances where a licensed physician performs the evaluation of psychological and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; or
(B) the examination may be conducted by qualified persons identified by Texas Occupations Code § 501.004. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; and
(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory psychological exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;
(13) has never received a dishonorable discharge from the armed forces of the United States;
(14) has not had a commission license denied by final order or revoked;
(15) is not currently on suspension, or does not have a surrender of license currently in effect;
(16) meets the minimum training standards and passes the commission licensing examination for each license sought;
(17) is a U.S. citizen or is a legal permanent resident of the United States, if the person is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and presents evidence satisfactory to the commission that the person has applied for United States citizenship.
(c) For the purposes of this section, the commission will construe any court-ordered community supervision, probation or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:
(1) another penal provision of Texas law; or
(2) a penal provision of any other state, federal, military or foreign jurisdiction.
(d) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.
(e) A person must meet the training and examination requirements:
(1) training for the peace officer license consists of:
(A) the current basic peace officer course(s);
(B) a commission recognized, POST developed, basic law enforcement training course, to include:
(i) out of state licensure or certification; and
(ii) submission of the current eligibility application and fee; or
(C) a commission approved academic alternative program, taken through a licensed academic alternative provider and at least an associate's degree.
(2) training for the jailer license consists of the current basic county corrections course(s) or training recognized under Texas Occupations Code §1701.310;
(3) training for the public security officer license consists of the current basic peace officer course(s);
(4) training for telecommunicator license consists of telecommunicator course; and
(5) passing any examination required for the license sought while the exam approval remains valid.
(f) The commission may issue a provisional license, consistent with Texas Occupations Code §1701.311, to an agency for a person to be appointed by that agency. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a provisional license. A provisional license is issued in the name of the applicant; however, it is issued to and shall remain in the possession of the agency. Such a license may neither be transferred by the applicant to another agency, nor transferred by the agency to another applicant. A provisional license may not be reissued and expires:
(1) 12 months from the original appointment date;
(2) on leaving the appointing agency; or
(3) on failure to comply with the terms stipulated in the provisional license approval.
(g) The commission may issue a temporary jailer license,
consistent with Texas Occupations Code §1701.310. A jailer appointed
on a temporary basis shall be enrolled in a basic jailer licensing
course on or before the 90th day after their temporary appointment.
An agency must submit all required applications currently prescribed
by the commission and all required fees before the individual is appointed.
Upon the approval of the application, the commission will issue a
temporary jailer license. A temporary jailer license may not be renewed, except that the sheriff may petition the commission to extend the
temporary appointment for a period not to exceed six months. A
temporary jailer license [and] expires:
(1) 12 months from the original appointment date; [or]
(2) at the end of a six-month extension, if granted; of
(3) [(2)] on completion of training
and passing of the jailer licensing examination.
(h) A person who has previously been issued a temporary jailer license and separated from that position may be subsequently appointed on a temporary basis as a county jailer at the same or a different county jail only if the person was in good standing at the time the person separated from the position.
(i) A person who has cumulatively served as a county jailer on a temporary basis for two years may continue to serve for the remainder of that temporary appointment, not to exceed the first anniversary of the date of the most recent appointment. The person is not eligible for an extension of that appointment or for a subsequent appointment on a temporary basis as a county jailer at the same or a different county jail until the first anniversary of the date the person separates from the temporary appointment during which the person reached two years of cumulative service.
(j) A person whose county jailer license has become inactive may be appointed as a county jailer on a temporary basis.
(k) [(h)] The commission may
issue a temporary telecommunicator license, consistent with Texas
Occupations Code §1701.405. An agency must submit all required
applications currently prescribed by the commission and all required
fees before the individual is appointed. Upon the approval of the
application, the commission will issue a temporary telecommunicator
license. A temporary telecommunicator license expires:
(1) 12 months from the original appointment date; or
(2) on completion of training and passing of the telecommunicator licensing examination. On expiration of a temporary license, a person is not eligible for a new temporary telecommunicator license for one year.
(l) [(i)] A person who fails
to comply with the standards set forth in this section shall not accept
the issuance of a license and shall not accept any appointment. If
an application for licensure is found to be false or untrue, it is
subject to cancellation or recall.
(m) [(j)] The effective date
of this section is June 1, 2022.
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 18, 2023.
TRD-202304851
John Beauchamp
Interim Executive Director
Texas Commission on Law Enforcement
Earliest possible date of adoption: January 28, 2024
For further information, please call: (512) 936-7700