TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION
SUBCHAPTER
D.
The Texas Board of Criminal Justice (board) proposes amendments to §152.71, concerning Acceptance of Gifts Related to Buildings for Religious and Secular Programs. The proposed amendments revise "offender" to "inmate" and "rule" to "section" throughout; revise the policy statement for clarity; remove language specifying a building related to the provision of religious and secular programs; add language to state the TDCJ shall meet with donor groups to evaluate a prospective donated building or enhancement; revise language to state a donor or designee will be qualified; remove language requiring the building to be used for religious and secular programs; and add language to specify building enhancements.
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 §492.001, which authorizes the board to govern the department; §492.013, which authorizes the board to adopt rules; and §501.009, which requires the agency to adopt a policy requiring each warden to identify and encourage volunteer and faith-based organizations that provide programs for inmates.
Cross Reference to Statutes: None.
§
152.71.
(a)
Policy.
The Texas Board of Criminal Justice (TBCJ) and Texas Department of Criminal Justice (TDCJ) encourage public or private donations of buildings and building enhancements for the purpose of assisting the reintegration of inmates into society through religious and secular programs. The TBCJ is the only entity authorized to accept such gifts on behalf of the TDCJ.
[
Only the Texas Board of Criminal Justice (TBCJ) is authorized to accept gifts on behalf of the Texas Department of Criminal Justice (TDCJ) from any public or private source, for use in maintaining and improving correctional programs and services. The TBCJ also specifically and earnestly encourages the involvement of volunteers and volunteer organizations for the purpose of assisting the reintegration of offenders into society through religious and secular programs. Correctional facilities of the TDCJ benefit from donated additional space or enhancements to existing space for religious and secular programs. The TBCJ and the TDCJ actively encourage the donation of buildings and enhancements for buildings that are related to the provision of religious and secular programs.
]
(b) Procedures.
(1)
The TDCJ shall meet with donor groups for the purpose of
evaluating a prospective donated
[
accepting a
] building or
building
enhancement [
for a building related to the provision of religious and secular programs
]. The TBCJ respects the right of contributors to designate a specific project at a specific TDCJ unit
for
[
at
] which the donated building or
building
enhancement will be used.
(2)
A donor or designee
will
[
shall
] be qualified to design and construct the donated building or enhancement in accordance with the TDCJ Administrative Plan for Capital Improvements by Donor Groups. Subject to final project approval by the executive director or designee, all plans for the building or enhancement must be approved by the Facilities Division. All design and construction activities by the donor or designee will be coordinated through the Facilities Division. The Capital Improvement Review Committee shall review and coordinate all steps pertaining to the project, ensuring all requirements of the TDCJ Administrative Plan for Capital Improvements by Donor Groups are followed. The donor or designee will design and construct the donated building or enhancement at no cost to the TDCJ.
(3)
The TDCJ shall be the owner of the donated building or
building
enhancement and shall be responsible for the operation, control, and maintenance of the building
or building enhancement
[
, which shall be used for religious and secular programs
]. The naming of buildings obtained under this
section
[
rule
] shall be in accordance with 37 Texas Administrative Code §155.21.
(4)
Buildings that serve as chapels provided by or enhanced by donations under this
section
[
rule
] shall
be used to
provide a place for all
inmates
[
offenders
] to practice their religion as guaranteed by the First Amendment to the United States Constitution, in accordance with TDCJ policy and procedures for facilitating the religious practices of
inmates
[
offenders
]. Furthermore, the buildings shall be used by
inmates
[
offenders
] to participate in religious and secular programs with volunteers, TDCJ chaplaincy staff, and other program personnel.
(5) These donations, including donations at privately-operated, state-owned facilities, shall be presented at a regularly scheduled meeting of the TBCJ for discussion, consideration, and possible action.
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 February 21, 2025.
TRD-202500659
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: April 6, 2025
For further information, please call: (936) 437-6700
CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS
37 TAC §163.33The 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.
(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)
[
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 February 24, 2025.
TRD-202500685
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: April 6, 2025
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §163.42, concerning Substantial Noncompliance. The proposed amendments reflect the Office of Internal Audit as independent of the TDCJ.
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.
§
163.42.
(a) Definition. Substantial noncompliance with the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) standards, for purposes of Texas Government Code §509.012, is defined as:
(1) intentional diversion, theft, or misapplication of TDCJ CJAD funding or grants for purposes other than the state funding award or allocation;
(2) violations of laws, regulations, or official manuals specific to the operations of the community supervision and corrections departments (CSCDs);
(3) intentional refusal to implement a TDCJ CJAD approved action plan that is a result of audits, reviews, or inspections;
(4) for purposes of qualifying for state aid under 37 Texas Administrative Code §163.43(a)(1)(F), relating to Funding and Financial Management, failure to hold the meeting to finalize the CSCD budget as required by Texas Local Government Code §140.004; and
(5)
interference, obstruction, or hindrance with any efforts by the Texas Comptroller of Public Accounts, county auditor of the county that manages the CSCD's funds, TDCJ CJAD,
Texas Board of Criminal Justice Office of the Independent Auditor
[
TDCJ Internal Audit Division
], Legislative Budget Board, Texas State Auditor's Office, or Texas Sunset Advisory Commission to examine or audit the records, transactions, and performance of the CSCD or facilities.
(b) Imposing Sanctions. Sanctions imposed for substantial noncompliance shall be in accordance with the provisions outlined in 37 Texas Administrative Code §163.47, relating to Contested Matters.
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 February 21, 2025.
TRD-202500660
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: April 6, 2025
For further information, please call: (936) 437-6700