PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151. GENERAL PROVISIONS
The Texas Board of Criminal Justice (board) proposes amendments to §151.8, concerning Advisory Committees. The proposed amendments continue the existence of the Judicial Advisory Committee (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.
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 continue the existence of specified advisory committees and 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 §492.006, 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.
§151.8.Advisory Committees.
(a) General. This section identifies advisory committees related to the Texas Department of Criminal Justice (TDCJ) and established by or under state law. The TDCJ Business and Finance Division shall annually evaluate each committee's work, usefulness, and costs of existence, and report that information biennially to the Legislative Budget Board.
(b) Judicial Advisory Council (JAC). The JAC exists
pursuant to Texas Government Code §493.003(b). The purpose, tasks,
and reporting procedures for the JAC are described in 37 Texas Administrative
Code §161.21 relating to the Role of the Judicial Advisory Council.
The JAC is abolished on September 1, 2035 [2025].
(c) Texas State Council for Interstate Adult Offender Supervision (council). Pursuant to Chapter 510 of the Texas Government Code, the council shall advise the administrator for the Interstate Compact for Adult Offender Supervision and the state's commissioner to the Interstate Commission for Adult Offender Supervision, on the state's participation in commission activities and the administration of the compact. Periodic reporting takes place through meetings held prior to or following a National Commission meeting. Through these meetings, the administrator can discuss issues on a national scope with the national commissioner and the council can provide verbal feedback and direction.
(d) Advisory Committee to the Texas Board of Criminal
Justice on Offenders with Medical or Mental Impairments (ACOOMMI).
Pursuant to Chapter 614 of the Texas Health and Safety Code, the ACOOMMI
shall advise the Texas Board of Criminal Justice (TBCJ) and the director
of the Texas Correctional Office on Offenders with Medical or Mental
Impairments on matters related to offenders with medical or mental
impairments. The ACOOMMI shall be given the opportunity to report
to the TBCJ at each regularly scheduled TBCJ meeting. The
ACOOMMI is abolished on September 1, 2035
[2025].
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 12, 2024.
TRD-202400551
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §151.73, concerning Texas Department of Criminal Justice Vehicle Assignments. The proposed amendments remove redundant language stating TDCJ vehicles shall not be used to transport employee pets.
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; §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.
§151.73.Texas Department of Criminal Justice Vehicle Assignments.
(a) It is the policy of the Texas Board of Criminal
Justice (TBCJ) that each Texas Department of Criminal Justice (TDCJ)
vehicle, with the exception of any vehicle assigned to a field employee,
the Office of the Inspector General (OIG), and as noted in subsection
(c) of this section [rule], be assigned to the
TDCJ motor pool and be available for check out.
(b) TDCJ vehicles shall only be used on official state
business. [TDCJ vehicles shall not be used to transport employee pets.]
(c) The TDCJ may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis, if the TDCJ determines the assignment of the vehicle is critical to the needs and mission of the TDCJ. Such vehicle assignments may include vehicles used for law enforcement purposes and vehicles assigned to positions that are required to respond to emergency situations.
(d) The executive director may authorize an employee to use a TDCJ vehicle to commute to and from work when it is determined the use of the vehicle may be necessary to ensure that vital TDCJ functions are performed. The name and job title of each employee authorized for such use and the reasons for the authorization must be included in the TDCJ annual report required by Texas Government Code §2101.0115.
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 12, 2024.
TRD-202400552
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §156.1, concerning Investigations of Allegations of Abuse, Neglect, or Exploitation of an Elderly or Disabled Offender. The proposed amendments update language from "offender" to "inmate" and "allegations" to "complaints" throughout the rule, including the title, and updated references to agency directives.
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 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.
§156.1.Investigations of Complaints [Allegations] of Abuse, Neglect, or Exploitation of an Elderly
or Disabled Inmate [Offender].
The Texas Department of Criminal Justice (TDCJ) shall investigate
all complaints [allegations] of abuse, neglect,
or exploitation of an elderly or disabled inmate [offender
] received from the Texas Department of Family and Protective
Services in accordance with BP-01.08, "Independent Ombudsman
Policy Statement," [ED-02.03, "Ombudsman Program,"]
ED-03.03, "Safe Prisons [/PREA] Program," and AD-16.20,
"Reporting Incidents/Crimes to the Office of the Inspector General."
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 12, 2024.
TRD-202400553
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §163.34, concerning Carrying of Weapons. The proposed 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.
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; §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.
§163.34.Carrying of Weapons.
(a) In accordance with Texas Government Code §76.0051,
a community supervision officer (CSO) is authorized to carry a handgun
[or other firearm] while engaged in the actual discharge
of the officer's duties if:
(1) The CSO possesses a current certificate of firearms
proficiency issued by the Texas Commission on Law Enforcement (TCOLE)
[Officer Standards and Education (TCLEOSE)]; and
(2) The community supervision and corrections department (CSCD) director grants the authorization to CSOs to carry a handgun while engaged in the actual discharge of the officer's duties.
(b) This section does not authorize a CSO to carry
a handgun [firearm] while off-duty.
(c) The carrying of a handgun [or other firearm]
by a CSO [CSOs] shall be done strictly in accordance
with Texas Government Code §76.0051 and the authorization, policy,
and procedures promulgated by the CSCD director as set
forth in subsection (e) of this section [rule].
(d) Prior to undergoing training to carry a handgun [firearm], a CSO shall meet the following
qualifications:[.]
(1) Using TCOLE approved standards and the required
forms, [The CSO shall be examined by] a psychologist
or psychiatrist licensed in the state of Texas shall examine
the CSO and determine if the CSO possesses the [and declared
in writing by the psychologist or psychiatrist, using TCLEOSE approved
forms, to be in satisfactory] psychological and emotional health to carry [for the carrying of] a handgun [weapon] in the performance of the CSO's duties; the determinations
shall be reduced to writing [for which a certificate of
firearms proficiency is sought].
(2) The CSO shall sign an acknowledgement confirming [execute an instrument wherein the CSO
acknowledges]:
(A) The CSO has never been convicted of a crime
punishable by imprisonment for a term exceeding one year; has never
been convicted of any misdemeanor or felony domestic violence crime;
and has never been discharged from the armed forces under dishonorable
conditions; and [It is unlawful for any person to possess
any firearm or ammunition who has been convicted in any court of a
crime punishable by imprisonment for a term exceeding one year; or
who has been convicted of any domestic violence crime, misdemeanor,
or felony; or who has been discharged from the armed forces under
dishonorable conditions;]
(B) The CSO will [It is the CSOs' responsibility
to] immediately inform their supervisor and the CSCD director
of any arrest, charges, or conviction related to such crimes or
conditions.[; and]
[(C) The CSO has never been convicted
in any court of a crime punishable by imprisonment for a term exceeding
one year; has never been convicted of any domestic violence crime,
misdemeanor, or felony; or has never been discharged from the armed
forces under dishonorable conditions.]
(e) Each CSCD that elects to authorize any [certain, or all,] of its CSOs to carry a handgun [firearms
] in accordance with these [the foregoing]
requirements shall adopt written policies and procedures defining
which of its CSOs have authority to carry a handgun [firearms
] and the limitations that apply to the [their]
carrying and use of a handgun [firearms]. Each
[The] CSCD shall submit written policies and procedures
for review by the Texas Department of Criminal Justice Community Justice
Assistance Division (TDCJ CJAD) director. The policies and procedures
shall specify:
(1) The handgun [firearm] training
and qualification requirements;
(2) The handling, use, and storage of a handgun
[firearms];
(3) The types of handguns [firearms]
authorized; and
(4) The process for reporting and investigating incidents
related to the possession or use of a handgun [firearms]
by the CSOs.
(f) Each CSCD that elects to authorize CSOs to carry
[or use] less than lethal equipment [weapons],
such as aerosol sprays, chemical agents, restraining devices, or stun
guns, shall adopt written policies and procedures defining which of
its CSOs have authority to carry such equipment [weapons]
and the limitations that apply to their carrying and use. [The
CSCDs shall submit written policies and procedures for review by the
TDCJ CJAD director.] The policies and procedures shall specify:
(1) The equipment training, qualification, and certification requirements;
(2) The handling, use, and storage of the equipment [particular weapons and devices
involved];
(3) The types and relevant specifications that apply
to the less than lethal equipment [weapons]
that is [are] authorized; and
(4) The process for reporting and investigating incidents
related to the possession or use of less than lethal equipment [weapons, such as aerosol sprays, restraining devices, or stun guns].
(g) Each CSCD [CSCDs] that elects
[elect] not to authorize CSOs to carry a handgun [firearms] or [use] less than lethal equipment [weapons] in the performance of their duties shall adopt a written
policy statement disallowing such practices, as applicable. Each new
CSO shall be notified of these policies prior to an offer of employment
by the CSCD.
(h) Requirements of the TCOLE [Texas
Commission on Law Enforcement Officer Standards and Education].
(1) The CSOs authorized by the CSCD to make application
to the TCOLE [TCLEOSE] for certification in
firearms proficiency in accordance with the above provisions shall
use TCOLE [TCLEOSE] approved forms and provide
copies to the [TDCJ CJAD and the] CSCD.
(2) Each CSCD [CSCDs] shall:
(A) conduct a comprehensive background check
on all CSOs seeking firearms certification;[.]
(B) [(3) CSCDs shall] maintain
records of background information obtained on all CSOs seeking firearms
certification;[.]
(C) [(4) CSCDs shall] maintain
records of annually required requalification on all CSOs obtaining
firearms certification;[.]
(D) [(5) CSCDs shall] notify
the TCOLE [TCLEOSE] if a CSO's authority to
carry a handgun [firearm] is
rescinded;[.]
(E) [(6) CSCDs authorizing CSOs to
carry firearms shall] notify the TCOLE [TCLEOSE]
of the name, address, telephone, and fax numbers of the CSCD director of all CSOs authorized to carry a handgun;
and[.]
(F) [(7) Each CSCD shall] allow
the TCOLE [TCLEOSE] and other law enforcement
agencies access to records pertaining to firearms for auditing and
investigation purposes.
(i) CSO [Community Supervision Officer]
Training and Qualification Requirements.
(1) CSOs shall not be granted permission to carry a handgun
[firearm] in the performance of their duties unless
that CSO has completed a firearms training program approved by the TCOLE
[TCLEOSE] and has been issued a certificate of firearms
proficiency by the TCOLE [TCLEOSE] as provided
in subsection (a) of this section [rule]. The
firearms training program shall be completed within six months after
obtaining the TCOLE [TCLEOSE] psychological
release as required in paragraph (1) of subsection (d)
[(1)] of this section [rule].
(2) Firearms training provided to CSOs shall be designed to prepare the CSOs to carry such weapons while conducting field visits, participating in community based criminal justice initiatives with law enforcement agencies, and in dealing with the safety and self-defense considerations related to such activities.
(3) CSO qualification of weapons usage, a periodic
proficiency test, and documentation of training shall be completed
in the presence of a TCOLE [TCLEOSE] approved
instructor on a yearly basis in addition to the required TCOLE [TCLEOSE] certificate of firearms proficiency.
[(4) Specific firearms and other weapons
training course guidelines and recommendations shall be published
in the TDCJ CJAD Weapons Procedures Guidebook.]
(j) Ownership, Inspection, and Maintenance.
(1) CSOs authorized to carry handguns [weapons
] shall provide their own handguns [weapons].
(2) CSCDs shall appoint an individual within the department
to be responsible for yearly inspection and maintenance programs for handguns [firearms] used by CSOs.
(k) Types of Handguns [Firearms] Authorized.
(1) CSOs are authorized to carry the following handguns
[weapons]:
(A) Double action revolvers; or
(B) Semi-automatic pistols.
(2) Barrel length of handguns [weapon]
shall be between two and five inches.
(3) Approved cartridges shall be:
(A) 9mm caliber;
(B) .38 Special;
(C) .357 Magnum;
(D) .357 Sig;
(E) .40 caliber;
(F) 10mm caliber;
(G) .45 caliber; or
(H) .380 caliber.
(4) Ammunition. All carried ammunition shall be factory
original loads of bullet weight between 85 and 230 grains, per Sporting
Arms Ammunition Manufacturer Institute [(SAAMI)] Guidelines.
(l) Reports to the Texas Department of Criminal Justice Community Justice Assistance Division.
(1) Each CSCD shall have a written Use of Force policy
and a written procedure for reporting and investigating each incident
where a handgun [firearm] or less than lethal equipment [weapon] is discharged, used, or drawn
on an individual. Such incidents shall be reported to the division
director of the TDCJ CJAD within 24 hours of the incident. TDCJ CJAD
management staff will, in turn, notify the TDCJ Emergency Action Center.
The term "to draw" means to unholster a handgun [firearm
] in preparation for use in self-defense against a perceived threat.
(2) Such procedure shall include:
(A) Notification of incidents;
(B) Procedures for interaction with outside entities, such as local law enforcement and media;
(C) Internal investigation procedures; and
(D) Employee support components.
[(3) Notification of Incidents to
the Texas Department of Criminal Justice Emergency Action Center (EAC).
Serious incidents, such as a CSO's drawing of a firearm on an individual
or the unauthorized use of a less than lethal weapon by a CSO, shall
be promptly reported to the EAC (936) 437-6600 and in all events within
24 hours of the incident. Incidents involving the discharge of a firearm
shall be reported to the EAC immediately, if possible, and in all
circumstances within three hours of occurrence. A preliminary written
report of each of the above-described incidents shall be sent to the
TDCJ CJAD within ten days of the occurrence.]
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 12, 2024.
TRD-202400556
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) proposes amendments to §163.43, concerning Funding and Financial Management. The proposed 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.
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; §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.
§163.43.Funding and Financial Management.
(a) Funding.
(1) Community Supervision and Corrections Departments
(CSCDs) qualifying for Texas Department of Criminal Justice
Community Justice Assistance Division (TDCJ CJAD) Formula and Grant
Funding. [Community supervision and corrections departments (]CSCDs
[or departments)] qualify for TDCJ CJAD state aid and
grant funding by:
(A) being [Being] in substantial
compliance with TDCJ CJAD standards;
[(B) Having a community justice council
that serves the jurisdiction as required by law;]
(B) [(C)] having [Having
] a TDCJ CJAD approved strategic [community
justice] plan in accordance with Texas Government Code §
509.007 [with related budgets];
(C) [(D)] having [Having
] a director [,] appointed in accordance with [as described in] Texas Government Code §76.004 [,
to] administer all CSCD funds;
(D) [(E)] having [Having
] a fiscal officer appointed by the district judge(s) manage
the CSCD as set forth in subsection (b) of this section [rule]; and
(E) [(F)] following [Complying with the Open Meetings Act, Texas Government Code Chapter
551 when meeting to finalize the CSCD budget as required by]
Texas Local Government Code § 140.004 when meeting to finalize
the CSCD's budget.
[(2) Other Entities Qualifying for TDCJ CJAD Grant Funding. In addition to CSCDs, counties, municipalities and nonprofit organizations qualify for TDCJ CJAD grant funding by:]
[(A) Being in substantial compliance with TDCJ CJAD grant conditions;]
[(B) Having budgets related to the program proposal; and]
[(C) Designating a chief fiscal officer to account for, protect, disburse, and report on all TDCJ CJAD grant funding, and to prescribe the accounting procedures related thereto.]
(2) [(3)] Allocating State Aid. State aid shall be made available to eligible funding recipients in accordance with the applicable statutory requirements and [items
set forth in] the Financial Management Manual for TDCJ CJAD
Funding issued by the TDCJ CJAD.
(3) Other Entities Qualifying for TDCJ CJAD Grant Funding. Counties, municipalities, and nonprofit organizations qualify for TDCJ CJAD grant funding by:
(A) being in substantial compliance with TDCJ CJAD grant conditions;
(B) having budgets related to the program proposal; and
(C) designating a chief fiscal officer who shall:
(i) account for, protect, disburse, and report on all TDCJ CJAD grant funding; and
(ii) prescribe the accounting procedures related to the grant funding.
(4) Awarding TDCJ CJAD Grant Funding. CSCDs, counties,
municipalities, and nonprofit organizations that are eligible
to receive grant funding shall meet requirements as set forth in the
Financial Management Manual for TDCJ CJAD Funding and be approved
by the TDCJ CJAD director to receive such funds. Grant funding shall
be made available in accordance with statutory requirements and [items
as set forth in] the Financial Management Manual for TDCJ CJAD Funding.
(5) Community Corrections Funding. Community corrections funding shall be distributed in accordance with applicable law and TDCJ rules and policies.
(A) assuming sufficient appropriations, no CSCD may incur a funding decrease of more than 5.0% from the previous fiscal year for community corrections program funding. An upper change limit shall be determined based upon available funding and the size and number of CSCDs that reach the loss limit.
(B) If appropriations are insufficient, so that the 5.0% loss limit must be increased, all CSCD allocations shall be reduced proportionately from the previous year's allocations.
(b) Financial Procedures.
(1) Submission of [Requested]
Information from CSCDs and Other Potentially Eligible TDCJ CJAD Funding
Recipients. Each funding recipient shall present data, documents,
and information requested by the TDCJ CJAD as necessary to determine
the amount of state [financial] aid and grant funding to
be allocated to the recipient. A funding recipient receiving TDCJ
CJAD funding shall submit such reports, records, and other documentation
as required by the TDCJ CJAD.
(2) Deposit of TDCJ CJAD Funding. In accordance with
Texas Local Government Code § 140.003, each CSCD, county, or
municipality shall deposit all TDCJ CJAD funding received in the county
treasury or municipal treasury, as appropriate, to be used on behalf
of the CSCD [department] and as the CSCD directs.
Nonprofit organizations shall deposit all TDCJ CJAD funding received
in a separate fund, to be used solely for the provision of services,
programs, and facilities approved by the TDCJ CJAD.
(3) Fee Deposit. Community supervision fees paid [and payments] by offenders shall be deposited into the same
special fund of the county treasury receiving state [financial]
aid or grant funding, to be used for community supervision
and correction services.
(4) Restrictions on CSCD Generated Revenue. CSCD generated
revenue shall be used in accordance with statutory requirements and
[items set forth in] the Financial Management Manual for
TDCJ CJAD Funding.
(5) Available Records. The funding recipient and the
fiscal officer accounting for, disbursing, and reporting on the TDCJ
CJAD funding shall make [financial, transaction, contract, computer,
and other records] available to the TDCJ CJAD all
records related to use of TDCJ CJAD funding. Funding recipients
shall provide financial reports and other records to TDCJ CJAD as
set forth in the Financial Management Manual for TDCJ CJAD Funding.
(6) Budgets. Funding recipients shall prepare and operate
from a budget(s) developed and approved in accordance with [within the guidelines set forth in] the Financial Management
Manual for TDCJ CJAD Funding.
(7) Funding Recipient Obligations. Funding recipients shall comply with all funding provisions as set forth in the Financial Management Manual for TDCJ CJAD Funding and any special conditions associated with the respective funding awards.
(8) Honesty Bond. Each CSCD directors shall ensure that all public monies are protected by requiring that all employees with access to monies are covered by honesty bonds and all funds maintained on CSCD premises are protected by appropriate insurance or bonding.
(9) Travel Reimbursements. Mileage and per diem reimbursements
to CSCD employees shall comply [be in accordance]
with the Financial Management Manual for TDCJ CJAD Funding.
(c) Determination and Recovery of Unexpended Monies. A CSCD's determination and return [by the CSCD] of
unexpended funds shall comply [be in accordance]
with the Financial Management Manual for TDCJ CJAD Funding.
(d) Facilities, Utilities, and Equipment.
(1) [CSCDs.] In accordance with Texas Government
Code § 76.008, the county or counties served by a CSCD shall
provide, at a minimum, facilities, equipment, and utilities for the CSCD [department] as follows:
(A) Minimum Facilities for CSCDs. CSCDs shall
provide each community supervision officer [(CSO) shall
be provided] a private office with the [. Each
office shall have the necessary] lighting, air conditioning,
equipment, privacy, and environment necessary to conduct
[provide and promote the delivery of] professional
community corrections services. Facilities, including equipment,
shall be appropriately maintained, repaired, and insured.
[(B) Minimum Utilities for CSCDs.
Each CSCD office shall be provided adequate utilities necessary to
provide efficient and professional community corrections services.]
[(C) Minimum Equipment for CSCDs. Each CSO shall be furnished adequate furniture, telephone, and other equipment as necessary and consistent with efficient office operations. Adequate insurance, maintenance, and repair of the CSCD's equipment shall be maintained.]
(B) [(D)] Location. Each CSCD
office providing direct court services shall be located in the courthouse
or as near to the courthouse as practicable in order [practically
possible] to provide [promote] prompt
and efficient services to the court.
(C) [(E)] Satellite Offices. In
order to provide efficient supervision of and services to offenders,
satellite CSCD offices shall be established in [the appropriate
areas of] the judicial district based on a judicial district's
[to provide efficient supervision of and service to offenders
as dictated by] population, caseload [size], or geographical distance.
(2) Inventory. Inventory and disposal of equipment,
furniture, and vehicles purchased with program funds shall comply
with [follow the guidelines in] the Financial Management
Manual for TDCJ CJAD Funding. [In addition:]
[(A) All equipment, furniture, and
vehicles purchased with program funds shall be inventoried with TDCJ
CJAD in accordance with procedures set forth in the Financial Management
Manual for TDCJ CJAD Funding.]
[(B) Any CSCD or other entity wanting to dispose of equipment, furniture, and vehicles purchased with program funds shall adhere to procedures set forth in the Financial Management Manual for TDCJ CJAD Funding.]
(e) Certification of Facilities, Utilities, and Equipment
for CSCDS. Certification of facilities, utilities, and equipment for
CSCDs shall comply [be in accordance] with Texas
Government Code § 76.009 [,] and [as provided
in] the Financial Management Manual for TDCJ CJAD Funding.
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 12, 2024.
TRD-202400558
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) files this notice of intent to repeal 37 Texas Administrative Code, Part 6 §163.45 concerning Distribution of Community Corrections Funding. The repeal eliminates a rule whose language is being incorporated in §163.43, Funding and Financial Management.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the repeal will be in effect, the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Steffa has also determined that for each year of the first five-year period the repeal will be in effect, there will not be an economic impact on persons as a result of the repeal. There will not be an adverse economic impact on small or micro businesses or on rural communities as a result of the repeal. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of the repeal, will be to eliminate an unnecessary rule as the language is being incorporated in another section. No cost will be imposed on regulated persons.
The repeal 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 repeal 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 repeal is proposed 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.
§163.45.Distribution of Community Corrections Funding.
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 12, 2024.
TRD-202400549
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700
The Texas Board of Criminal Justice (board) files this notice of intent to repeal 37 Texas Administrative Code, Part 6 §163.46 concerning Allocation Formula for Community Corrections Program. The repeal eliminates a rule whose language is being incorporated in §163.43, Funding and Financial Management.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the repeal will be in effect, the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Steffa has also determined that for each year of the first five-year period the repeal will be in effect, there will not be an economic impact on persons as a result of the repeal. There will not be an adverse economic impact on small or micro businesses or on rural communities as a result of the repeal. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of the repeal, will be to eliminate an unnecessary rule as the language is being incorporated in another section. No cost will be imposed on regulated persons.
The repeal 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 repeal 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 repeal is proposed 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.
§163.46.Allocation Formula for Community Corrections Program.
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 12, 2024.
TRD-202400550
Kristen Worman
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: March 24, 2024
For further information, please call: (936) 437-6700