Adopted Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

The Texas Board of Criminal Justice (board) adopts amendments to §151.4, concerning Public Presentations and Comments to the Texas Board of Criminal Justice, with no changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8182). The rule will not be republished.

The adopted amendments provide additional contact information for individuals with disabilities who have special accommodation needs to reach the board office, and minor word changes.

The board received comments from Ward Larkin on §151.4(d)(1) of the proposed amendments.

Section §151.4(d)(1)

This section requires that 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. The proposed amendments recommended no change to this section.

Mr. Larkin requests the board to modify this section to allow an opportunity for public comment on issues that are not part of the TBCJ's posted agenda but are within the board's jurisdiction at every regular called board meeting.

TBCJ declines to modify the proposed rule as requested by Mr. Larkin as the proposed rule is consistent with statutory language, which requires that the board to provide the public with a reasonable opportunity to speak on any issue under the jurisdiction of the board.

All comments, including any not specifically referenced herein, were fully considered by TBCJ.

The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §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; §§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.

The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.

Filed with the Office of the Secretary of State on February 12, 2024.

TRD-202400559

Kristen Worman

General Counsel

Texas Department of Criminal Justice

Effective date: March 3, 2024

Proposal publication date: December 29, 2023

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

CHAPTER 159. SPECIAL PROGRAMS

37 TAC §159.15

The Texas Board of Criminal Justice adopts amendments to §159.15, concerning the GO KIDS Initiative, without changes to the proposed text as published in the December 29, 2023, issue of the Texas Register (48 TexReg 8189). The rule will not be republished.

The adopted amendments are minor word changes.

No comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §492.001, which establishes that the board governs TDCJ; and §492.013, which authorizes the board to adopt rules.