PART 9. TEXAS COMMISSION ON JAIL STANDARDS
CHAPTER 255. RULEMAKING PROCEDURES
The Texas Commission on Jail Standards proposes an amendment, with new subsection (c) added to Texas Administrative Code, Title 37, §255.6, relating specifically to the creation and operation of an advisory committee on intellectual or developmental disability as required by Government Code, Title 4, §511.022.
Brandon Wood, Executive Director, has determined that, during the first five years the amendment will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the amended sections as proposed.
TCJS has determined that during the first five years that the section will be in effect:
(1) the proposed amendment will not create or eliminate a government program.
(2) implementation of the proposed amendment will not affect the number of employee positions;
(3) implementation of the proposed amendment will not require an increase or decrease in future legislative appropriations;
(4) The proposed amendment will not affect fees paid to the agency;
(5) the proposed amendment will not create a new rule;
(6) the proposed amendment will not repeal an existing rule;
(7) the proposed amendment will not change the number of individuals subject to the rule; and
(8) TCJS has insufficient information to determine the proposed rules' effect on the state's economy.
Mr. Wood has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities to comply with the amended rules, as they will not be required to alter their business practices and the rules do not impose any additional costs on those required to comply with the rules.
There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Texas Government Code, §2001.0045 does not apply to this proposal because the rules do not impose a cost on regulated persons; are amended to reduce the burden or responsibilities imposed on regulated persons by the rule.
Mr. Wood has determined that for each year of the first five years the rules are in effect, the public will benefit from the adoption of the rules. The Commission anticipates that the amendment will enable the counties that are capable of operating a direct supervision housing facility without the burden of applying for a variance from the minimum jail standards.
TCJS has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.
Comments on the proposed rule may be submitted in writing to Richard Morgan, P.O. Box 12985, Austin, Texas 78711, Fax (512) 463-3185, or e-mail at richard.morgan@tcjs.state.tx.us.
The amendment is proposed under the authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails, as well as advisory committees.
This proposed change does not affect other rules or statutes.
§255.6.Advisory Committees.
(a) General. The Texas Commission on Jail Standards (Commission) may establish advisory committees pursuant to Gov't. Code §511.0081 or if mandated by legislative action.
(1) Purpose, Role, and Responsibility. The purpose, role, and responsibility of a Commission advisory committee is to make recommendations to the Commission on programs, rules, and policies administered by the Commission.
(2) Goals. Unless mandated by legislative action, the goal of each advisory committee will be determined by the Commission at the time the advisory committee is created.
(3) Duration. Unless mandated by legislative action, the duration of each advisory committee will be determined by the Commission. The Commission will annually review and determine the continuing need for an advisory committee established by the Commission.
(4) Committee Members.
(A) Committees will consist of a minimum of five members and a maximum of nine members, unless mandated otherwise by legislative action.
(B) Unless otherwise mandated by legislative action, committee members will have various backgrounds of experience, expertise, and interest in the matters the committee will address. Committee members may include Commission commissioners, sheriffs, jail administrators, relevant governmental agency representatives, relevant professionals, and other interested members of the public. The Chair of the advisory committee, in consultation with the Executive Director, will appoint committee members that meet the criteria set forth.
(C) The Chair of the Texas Commission on Jail Standards appoints the Chair of advisory committees unless mandated otherwise by legislative action.
(D) Members of advisory committees will elect an advisory committee Vice-Chair from among its members to serve in the temporary absence of the advisory committee Chair.
(E) Terms. The Commission Executive Director will determine the members' terms of service. The terms of service will be staggered.
(F) Unless prohibited by legislative action, non-voting subject matter experts may be named to the committee at the discretion of the Chair with the consent of the committee.
(5) Rules. Each advisory committee established shall adopt policies and procedures that address the purpose of the advisory committee, membership qualifications, training requirements, terms of service, operating procedures, conflict of interest, and adherence to the requirements set forth in Texas Government Code 551.
(6) Committee Operations and Meetings.
(A) Meetings. The committee must meet at least quarterly; however, the Chair may decide that it is necessary to meet more frequently. The committee is subject to the Texas Open Meetings Act, Texas Government Code Chapter 551.
(B) Quorum. A majority of members constitutes a quorum.
(C) Compensation and Travel Reimbursement. Members will not be reimbursed for expenses related to their participation in the advisory committee.
(b) Administrative Rules Advisory Committee. The Commission establishes an Administrative Rules Advisory Committee to regularly review all administrative rules as part of the mandated rule review process, administrative rules required by new legislation, administrative rules as recommended by the Commission, and petitions for administrative rule changes. The committee makes recommendations to the Commission related to administrative rules. The Committee consists of a minimum of nine members as follows:
(1) one representative of the Commission to act as Committee Chair;
(2) one sheriff of a county with a population of [ from] 80,000 or more;
(3) one sheriff of a county with a population of [from] less than 80,000;
(4) one county judge or county commissioner from a county with a population of 80,000 or more;
(5) one county judge or county commissioner from a county with a population of less than 80,000;
(6) one member of the public who is a representative
of a statewide organization that advocates for individuals or issues
related to county jails; [(7) one member of the public];
(7) one non-voting ex-officio jail administrator from
a jail consisting of 50 beds or fewer [less];
(8) one non-voting ex-officio jail administrator from a jail consisting of 51-999 beds; and
(9) one non-voting ex-officio jail administrator from a jail consisting of 1000 or more beds.
(c) Intellectual or Developmental Disability Advisory Committee. As required by Government Code 511.022, the commission establishes an Intellectual or Developmental Disability Advisory Committee to advise the commission and make recommendations on matters related to the confinement in county jail of persons with intellectual or developmental disabilities. The Committee consists of a minimum of thirteen members as follows:
(1) one representative of the commission;
(2) one representative of the Department of State Health Services;
(3) one representative of the Health and Human Services Commission with expertise in intellectual and developmental disabilities;
(4) one representative of the Texas Commission on Law Enforcement;
(5) one representative of the Texas Correctional Office on Offenders with Medical or Mental Impairments;
(6) one sheriff of a county with a population of 80,000 or more;
(7) one sheriff of a county with a population of less than 80,000;
(8) two representatives of statewide organizations that advocate for individuals with intellectual and developmental disabilities;
(9) one representative who is a mental health professional with a focus on trauma and intellectual and developmental disabilities;
(10) one representative from a state supported living center;
(11) one member who has an intellectual or developmental disability or whose family member has an intellectual or developmental disability; and
(12) one member who represents the public.
The agency certifies that legal counsel has reviewed the 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 June 21, 2024.
TRD-202402740
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: August 4, 2024
For further information, please call: (512) 850-8668