PART 9. TEXAS COMMISSION ON JAIL STANDARDS
CHAPTER 265. ADMISSION
The Texas Commission on Jail Standards (TCJS) proposes an amendment to TAC, Title 37, §265.7, relating to telephone use. Current law requires that a telephone directory shall be available for inmates' use within the processing area. The proposed amendment will repeal this requirement and replace it with a provision allowing jails to allow inmates access to their contact lists upon booking. Inmate contact lists are usually on their cell phone, which is confiscated at booking. This change will allow inmates to make telephone calls to people whose phone number the inmates have not memorized. This amendment originates from a public petition the Commission received on February 9, 2023, from William Pailes, member of the public, who observed that telephone directories are no longer available widely, having been replaced by cell phones with internet access. This obsolescence of telephone directories makes the current rule obsolete.
Brandon Wood, Executive Director, has determined that for each year of the first five years that the sections will be in effect there will be no fiscal implications to state or local governments by enforcing and administering the rule as proposed.
TCJS has determined that during the first five years that the sections 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 amendment's affect on the state's economy.
Mr. Wood has also determined that the amendment will not have any adverse economic effect on small businesses, micro-businesses, or rural communities because 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.
The Commission anticipates no 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 it does not impose a cost on regulated persons; is amended to reduce the burden or responsibilities imposed on regulated persons by the rules; and is necessary to protect the health, safety, and welfare of the residents of this state.
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 jails will be able to remain in compliance despite the obsolescence of telephone directories, and inmates will be able to use their own contact lists to make telephone calls.
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 William Turner, P.O. Box 12985, Austin, Texas 78711, Fax (512) 463-3185, or e-mail at will.turner@tcjs.state.tx.us
STATUTORY AUTHORITY
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.
This proposed change does not affect other rules or statutes.
§265.7.Telephone Use.
A telephone [and telephone directory] shall be available
for inmates' use within the processing area. The facility shall
allow reasonable access to a written or electronic contact list that
is in the inmate's possession upon booking.
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 May 23, 2023.
TRD-202301901
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: July 9, 2023
For further information, please call: (512) 463-2690