PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 146. REVOCATION OF PAROLE OR MANDATORY SUPERVISION
37 TAC §§146.4, 146.5, 146.7, 146.9, 146.10
The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 146, Revocation of Parole or Mandatory Supervision, §§146.4, 146.5, 146.7, 146.9, and 146.10. The rules are adopted without change to the proposed text as published in the February 9, 2024, issue of the Texas Register (49 TexReg 629). The text of the rules will not be republished. The amendments are adopted for clarity and to provide edits for uniformity and consistency throughout the rules.
No public comments were received regarding adoption of these amendments.
The amended rules are adopted under Texas Government Code §§508.036(b), 508.0441(a)(5), 508.045(c), 508.281, 508.2811, and 508.283. Section 508.036(b) requires the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441(a)(5) vests the Board with the authority to determine the continuation, modification, and revocation of parole or mandatory supervision. Section 508.045(c) provides parole panels with the authority to conduct parole revocation and mandatory supervision revocation hearings; and to grant, deny, or revoke parole or mandatory supervision. Sections 508.281 and 508.2811 relate to hearings to determine violations of the releasee's parole or mandatory supervision. Sections 508.282 and 508.283 concern deadlines and sanctions for parole revocation and mandatory supervision revocation hearings.
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 April 25, 2024.
TRD-202401766
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Effective date: May 15, 2024
Proposal publication date: February 9, 2024
For further information, please call: (512) 406-5478
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (board) adopts amendments to §151.8, concerning Advisory Committees, without changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 988). The rule will not be republished.
The adopted amendments continue the existence of the Judicial Advisory Council (JAC) and the Advisory Committee to the Texas Board of Criminal Justice on Offenders with Medical or Mental Impairments (ACOOMMI) to September 1, 2035, and make other minor clarifications.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.006, which establishes guidelines for board meetings and requires that the board shall allow the JAC chairman to present items relating to the operation of the community justice system that require the board's consideration at each meeting; §492.013, which authorizes the board to adopt rules; §493.003, which establishes the TDCJ Community Justice Assistance Division; §§510.011-.014, which establishes the Texas State Council for Interstate Adult Offender Supervision and establishes the composition, terms, and duties of the executive director and council; Chapter 2110, which establishes guidelines for state agency advisory committees; Texas Health and Safety Code §614.002, which establishes the composition and duties of the ACOOMMI; and §614.009, which establishes requirements for a biennial report providing details of ACOOMMI activities to the board.
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 April 29, 2024.
TRD-202401875
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899
The Texas Board of Criminal Justice (board) adopts amendments to §151.73, concerning Texas Department of Criminal Justice Vehicle Assignments, without changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 989). The rule will not be republished.
The adopted amendments remove redundant language stating TDCJ vehicles shall not be used to transport employee pets.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §2113.013, which establishes guidelines for the use of state-owned vehicles; §2101.0115, which establishes requirements of the annual financial report, to include information related to state-owned vehicles; §2171.1045, which establishes restrictions on the assignment of vehicles; and §2203.004; which establishes that state property may be used only for state purposes.
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 April 29, 2024.
TRD-202401876
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899
The Texas Board of Criminal Justice (board) adopts amendments to §156.1, concerning Investigations of Allegations of Abuse, Neglect, or Exploitation of an Elderly or Disabled Inmate, without changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 990). The rule will not be republished.
The adopted amendments update language from "offender" to "inmate" and "allegations" to "complaints" throughout the rule, including the title, and updated references to agency directives.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; and Texas Human Resources Code §48.301, which establishes guidelines related to reports of suspected abuse, neglect, or exploitation of an elderly person or a person with a disability.
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 April 29, 2024.
TRD-202401877
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899
The Texas Board of Criminal Justice (board) adopts amendments to §163.34, concerning Carrying of Weapons, without changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 991). The rule will not be republished.
The adopted amendments clarify the authority for community supervision officers (CSOs) to carry handguns while engaged in the actual discharge of their duties; remove requirements for community supervision and corrections department (CSCD) policies authorizing CSOs to carry less than lethal equipment to be reviewed by the Community Justice Assistance Division (CJAD) director; remove a reference to the CJAD Weapons Procedures Guidebook; clarify notification procedures for certain incidents; and update other language and make organizational changes for clarity.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §509.003, which establishes standards and procedures that must be proposed by CJAD and adopted by the board, and Texas Occupations Code §1701.257, which establishes guidelines related to firearms training for supervision officers.
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 April 29, 2024.
TRD-202401879
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899
The Texas Board of Criminal Justice (board) adopts amendments to §163.43, concerning Funding and Financial Management, without changes to the proposed text as published in the February 23, 2024, issue of the Texas Register (49 TexReg 993). The rule will not be republished.
The adopted amendments add language to address the allocation formula and distribution of community corrections program funding and make other language updates and organizational changes for clarity.
No comments were received regarding the amendments.
The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §493.003, which establishes the TDCJ Community Justice Assistance Division (CJAD); and §509.003, which establishes standards and procedures that must be proposed by CJAD and adopted by the board.
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 April 29, 2024.
TRD-202401880
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899
The Texas Board of Criminal Justice (board) adopts the repeal of 37 Texas Administrative Code, Part 6 §163.45 without changes concerning Distribution of Community Corrections Funding, as published in the February 23, 2024, issue of the Texas Register (49 TexReg 995). The repeal will not be republished.
The adopted repeal eliminates a rule whose language is being incorporated in §163.43, Funding and Financial Management.
No comments were received regarding the repeal.
The repeal is adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §493.003, which establishes the TDCJ Community Justice Assistance Division (CJAD); and §509.003, which establishes standards and procedures that must be proposed by CJAD and adopted by the board.
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 April 29, 2024.
TRD-202401881
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899
The Texas Board of Criminal Justice (board) adopts the repeal of 37 Texas Administrative Code, Part 6 §163.46 concerning Allocation Formula for Community Corrections Program, as published in the February 23, 2024, issue of the Texas Register (49 TexReg 995). The repeal is adopted without changes and will not be republished.
The adopted repeal eliminates a rule whose language is being incorporated in §163.43, Funding and Financial Management.
No comments were received regarding the repeal.
The repeal is adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §493.003, which establishes the TDCJ Community Justice Assistance Division (CJAD); and §509.003, which establishes standards and procedures that must be proposed by CJAD and adopted by the board.
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 April 29, 2024.
TRD-202401874
Jennifer Childress
Chief Deputy General Counsel
Texas Department of Criminal Justice
Effective date: May 19, 2024
Proposal publication date: February 23, 2024
For further information, please call: (512) 463-9899