PART 5. TEXAS BOARD OF PARDONS AND PAROLES
CHAPTER 147. HEARINGS
SUBCHAPTER A. GENERAL RULES FOR HEARINGS
37 TAC §§147.1 , 147.3, 147.5, 147.6
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 147, Subchapter A, §§147.1, 147.3, 147.5, and 147.6 concerning general rules for hearings. The amendments are proposed to provide edits for uniformity and consistency throughout the rules, correct grammatical errors, delineate prohibited acts in ex parte communications, and clarify the hearing officer's responsibility regarding written testimony.
David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be to clarify the procedures in the parole process. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code §2006.001(2).
Comments should be directed to Bettie L. Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under §§508.0441, 508.045, 508.281, and 508.283, Government Code. Section 508.0441 relates to the board member and parole commissioners release and revocation duties. Section 508.045 provides parole panels with the authority to grant, deny, revoke parole, or revoke mandatory supervision. Section 508.281 and §508.283 relate to hearings to determine violations of the releasee's parole or mandatory supervision.
No other statutes, articles, or codes are affected by these amendments.
§147.1.Public Hearings.
(a) All hearings on matters not confidential or privileged by law, or both, shall be open to the public.
(b) Appropriate federal and state constitutional provisions, statutes, regulations, and judicial precedent establishing the confidential or privileged nature of information presented shall be given effect by the Hearing Officer.
(c) To effect this provision, the Hearing Officer shall have the authority to close the hearing to the extent necessary to protect against the improper disclosure of confidential and/or privileged information.
(d) If the Hearing Officer closes the hearing pursuant
to this section, in no event shall the Hearing Officer exclude from
the hearing a party as defined by § [Section]
141.111 of this title (relating to Definition and Terms) and includes:
(1) the releasee;
(2) the releasee's attorney;
(3) the releasee's interpreter;
(4) Board Member or Board employee;
(5) TDCJ employee;
(6) County jail employee; and
(7) Prosecuting attorney.
(e) When the Hearing Officer closes the hearing, the
Hearing Officer shall announce on the record that the hearing will
be closed to the public to protect the confidential or [and/or
] privileged information being introduced into evidence. After
the confidential or [and/or] privileged evidence
is obtained, the Hearing Officer shall open the hearing to the public
and announce the same on the record.
§147.3.Ex Parte Consultations.
Unless required for the disposition of matters authorized by
law, Hearing Officers, Board Members and Parole Commissioners assigned
to render a decision or to make findings of fact and conclusions of
law in an individual case shall not [may not communicate],
directly or indirectly, initiate, permit, nor consider communications
concerning [in connection with] any issue of fact
or law with any party, except on notice and opportunity for all parties
to participate.
§147.5.Witnesses.
(a) The Hearing Officer may determine whether a witness may be excused under the rule that excludes witnesses from the hearing.
(1) In no event shall the Hearing Officer exclude from
the hearing a party under the authority of this section. For these
purposes, the term "party" means the definition in § [Section] 141.111 of this title (relating to Definition of Terms)
and includes:
(A) the releasee;
(B) the releasee's attorney; and
(C) no more than one representative of the TDCJ Parole Division who has acted or served in the capacity of supervising, advising, or agent officer in the case.
(2) In the event [that] it appears to the
satisfaction of the Hearing Officer that an individual who is present
at the hearing and intended to be called by a party as a witness has
no relevant, probative, noncumulative testimony to offer on any material
issue of fact or law, then the Hearing Officer, in his sound discretion,
may determine that such individual should not be placed under the
rule and excluded from the hearing.
(b) All witnesses who testify in person are subject to cross-examination unless the Hearing Officer specifically finds good cause for lack of confrontation and cross-examination.
(c) Witnesses personally served with a subpoena and
who fail to appear at the hearing, [and upon good cause determined
by the Hearing Officer,] may present testimony by written statement, upon a favorable good cause determination by the Hearing Officer.
§147.6.Record.
(a) The record in any case includes all pleadings,
motions, and rulings; evidence received or considered; matters officially
noticed; questions and offers of proof, objections, and rulings on
them; all relevant [TDCJ Parole] Division documents, staff
memoranda or reports submitted to or considered by the Hearing Officer
involved in making the decision, and any decision, opinion, or report
by the Hearing Officer presiding at the hearing.
(b) All hearings shall be electronically recorded in their entirety.
(c) The hearing record is made [a] part
of the official parole record maintained by the [TDCJ Parole]
Division. All requests for copies of the hearing report or hearing
recording shall be addressed to the [TDCJ Parole] Division.
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 September 8, 2023.
TRD-202303296
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: October 22, 2023
For further information, please call: (512) 406-5478
The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 147, Subchapter B, §147.24 and §147.26 concerning evidence. The amendments are proposed to provide edits for uniformity and consistency throughout the rules and to correct grammatical errors.
David Gutiérrez, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.
Mr. Gutiérrez also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be to clarify the procedures in the parole process. There will be no effect on small businesses. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.
An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code §2006.001(2).
Comments should be directed to Bettie L. Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.
The amended rules are proposed under §§508.0441, 508.045, 508.281, and 508.283, Government Code. Section 508.0441 relates to the board member and parole commissioners release and revocation duties. Section 508.045 provides parole panels with the authority to grant, deny, revoke parole, or revoke mandatory supervision. Section 508.281 and §508.283 relate to hearings to determine violations of the releasee's parole or mandatory supervision.
No other statutes, articles, or codes are affected by these amendments.
§147.24.Relevant Testimony.
Testimony shall be confined to the subject of the pending matter.
In the event any party at a hearing shall pursue a line of questioning
that is, in the [opinion of the] Hearing Officer's
opinion [Officer], irrelevant, incompetent, unduly
repetitious, or immaterial, such questioning shall be terminated.
§147.26.Stipulation.
Evidence may be stipulated to by agreement of all parties.
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 September 8, 2023.
TRD-202303297
Bettie Wells
General Counsel
Texas Board of Pardons and Paroles
Earliest possible date of adoption: October 22, 2023
For further information, please call: (512) 406-5478