<num value="37">TITLE 37</num><heading>PUBLIC SAFETY AND CORRECTIONS</heading><part identifier="/us/state/tx/tac/t37/p1"><num value="1">PART 1</num><heading>TEXAS DEPARTMENT OF PUBLIC SAFETY</heading><chapter identifier="/us/state/tx/tac/t37/p1/c1"><num value="1">CHAPTER 1</num><heading>ORGANIZATION AND ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scA"><num value="A">SUBCHAPTER A</num><heading>OBJECTIVE, MISSION, AND PROGRAM</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scA/s1.1"><num value="1.1">§1.1</num><heading>Broad Objective</heading><content>(a) The broad objective of the Texas Department of Public Safety is: "To maintain public safety in the State of Texas."(b) The department works toward the attainment of this objective within existing regulations and in cooperation with other agencies and persons with mutual or related responsibilities. It seeks to preserve the peace and to protect the persons, property, rights, and privileges of all people in the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §1.1 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scA/s1.2"><num value="1.2">§1.2</num><heading>Mission</heading><content>The mission of the Texas Department of Public Safety is:(1) to supervise traffic on rural highways;(2) to supervise and regulate commercial and "for hire" traffic;(3) to preserve the peace, to investigate crimes, and to arrest criminals;(4) to administer regulatory programs in driver licensing, motor vehicle inspection, and safety responsibility; and(5) to execute programs supplementing and supporting the preceding activities.</content><note type="source"><p>Source Note: The provisions of this §1.2 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scA/s1.3"><num value="1.3">§1.3</num><heading>Programs</heading><content>(a) The programs of the Department of Public Safety fall into three general classes:(1) street and highway traffic management;(2) crime suppression and control; and(3) emergency management.(b) The three major classes of functional departmental programs within the department are as follows:(1) police law enforcement function:(A) highway patrol service;(B) drivers license service;(C) vehicle inspection service;(D) license and weight service;(E) narcotics service;(F) special crimes service;(G) Texas Ranger service;(H) motor vehicle theft service;(2) administrative and regulatory function:(A) drivers license service (primary responsibility);(B) vehicle inspection service, parameter vehicle emission and vehicle idle emission inspection and maintenance (primary responsibility);(C) motorcycle operator training and all-terrain vehicle certification;(D) controlled substance registration;(E) alcohol testing program;(3) staff support and supplemental functions:(A) inspection and planning;(B) staff services;(C) crime records services;(D) safety education service;(E) accounting and budget control;(F) motor carrier lease;(G) public information;(H) emergency management;(I) administrative and legal services;(J) communications service;(K) crime laboratory services statewide;(L) missing children/persons clearinghouse;(M) automated data processing.</content><note type="source"><p>Source Note: The provisions of this §1.3 adopted to be effective January 1, 1976; amended to be effective May 27, 1987, 12 TexReg 1565; amended to be effective November 22, 1989, 14 TexReg 5935; amended to be effective July 17, 2003, 28 TexReg 5540.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scA/s1.4"><num value="1.4">§1.4</num><heading>Programs under Texas Highway Patrol Division</heading><content>(a) Highway Patrol Service. The program of the Highway Patrol Service is "Police Traffic Supervision and General Law Enforcement on Rural Highways." This program consists of the following major activities:(1) Police traffic supervision on rural highways:(A) police traffic direction;(B) police traffic accident investigation; and(C) police traffic law enforcement and patrol.(2) General police work--primarily on rural highways:(A) criminal law enforcement;(B) emergencies and disasters; and(C) security activities.(b) Commercial Vehicle Enforcement Service. The program of the Commercial Vehicle Enforcement Service is "The Supervision of Commercial Vehicles, Police Traffic Supervision, and General Law Enforcement on Rural Highways." This program includes the following major activities:(1) Supervision of commercial vehicle traffic:(A) assistance to commercial vehicle owners and operators on technical matters;(B) supervision of motor carrier operations; and(C) traffic law enforcement on commercial vehicles.(2) Traffic and criminal law enforcement on rural highways.(c) Vehicle Inspection Service. The program of the Vehicle Inspection Service is "Vehicle Inspection Station Supervision, Police Traffic Supervision, and General Law Enforcement." This program includes the following major activities:(1) Inspection station supervision:(A) station qualification;(B) station inspection;(C) station control; and(D) supervision of emissions testing.(2) Traffic and criminal law enforcement by vehicle inspection commissioned officers.(d) Bureau of Law Enforcement Communications and Technology. The program of the Bureau of Law Enforcement Communications and Technology is "Police Communication and Technology Support." This program consists of the following activities:(1) Police Communications:(A) Transmission and receipt of department messages;(B) Transmission and receipt of emergency-type messages for other police agencies; and(C) Other special assistance to other departments and agencies.(2) Communication Frequency and Interoperability:(A) Radio Frequency planning and coordination internally and interoperability with other agencies.(B) Radio and video technical maintenance and repair.(3) Mobile Technology and Information-Responsible for Mobile Technology and Communications Infrastructure Support.(e) General Obligations. Personnel of all services, agencies, and units in the department are subject to assignment by the director to perform in any program or activity when he deems such assignments necessary.(f) Motor Carrier Bureau. The program of the Motor Carrier Bureau is to provide administrative support applicable to the Commercial Vehicle Enforcement Service relative to motor carrier safety issues. This program consists of the following sections.(1) The Motor Carrier Safety Section will provide the support to administer the Motor Carrier Safety Requirements.(2) The Motor Carrier Records Section maintains all activity reports submitted by the Commercial Vehicle Enforcement Service.(3) The Motor Carrier Compliance Audit Section performs the administrative function of the enforcement of the Motor Carrier Safety and Hazardous Materials Regulations.</content><note type="source"><p>Source Note: The provisions of this §1.4 adopted to be effective January 1, 1976; amended to be effective May 27, 1987, 12 TexReg 1565; amended to be effective November 20, 1987, 12 TexReg 4123; amended to be effective December 6, 1989, 14 TexReg 6176; amended to be effective March 2, 1998, 23 TexReg 1987; amended to be effective August 4, 1998, 23 TexReg 7841; amended to be effective July 17, 2003, 28 TexReg 5540; amended to be effective August 13, 2009, 34 TexReg 5409.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scA/s1.5"><num value="1.5">§1.5</num><heading>Programs under the Driver License Division</heading><content>The mission of the Driver License Division is to provide exceptional customer service, promote public safety and enhance safe driving on Texas roadways. The Driver License Program consists of the following major activities:(1) examination of new drivers and renewal of licensed drivers;(2) issuance of driver license and identification cards;(3) improvement and control of problem drivers;(4) maintenance of driver and accident records;(5) administration of safety responsibility regulations;(6) operation of the Administrative License Revocation (ALR) program;(7) dissemination of driver license information and customer service; and(8) traffic and criminal law enforcement.</content><note type="source"><p>Source Note: The provisions of this §1.5 adopted to be effective July 17, 2003, 28 TexReg 5540.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scB"><num value="B">SUBCHAPTER B</num><heading>BASIC DOCTRINE</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scB/s1.11"><num value="1.11">§1.11</num><heading>Basic Doctrines</heading><content>(a) The department of public safety accepts its responsibilities as a public trust. It is our policy to discharge with dispatch any responsibility to the fullest extent with maximum benefit for the public.(b) It is the policy of the department to afford maximum courtesy, service, and protection to all citizens and visitors in this state.(c) The department recognizes that government exists for the benefit of the governed-the people. Enforcement and regulatory actions against persons are carried out for the benefit of society as a whole. The department does not act to adjudicate or rectify injustices, inequities, or wrongs between individuals, but acts only to maintain order for the preservation and protection of society as a whole.(d) It is a solemn obligation of members of the department to uphold the constitutions of the United States and the State of Texas as well as to enforce the statutory enactments. Constitutional provisions take precedence over statutory enactments. In the enforcement of the provisions of a statute, personnel of the department of public safety will refrain from infringing upon any rights or privileges guaranteed by the constitutions.(e) The department recognizes that the basic responsibility for the enforcement of the criminal laws rests with the local officers in their respective jurisdictions. It is the policy of the department to cooperate with and assist local officers fully in these matters but to leave the basic responsibility to them unless specifically assigned to do otherwise.(f) It is the policy of the department to assume primary responsibility for traffic supervision on the rural highways of this state, including the regulation of commercial traffic.(g) The department will cooperate with all governmental agencies discharging statutory duties when assistance complies with state law and departmental policies and regulations.(h) It is the policy of the department to assign available manpower in any field service to the areas of the state in proportion to the amount of the statewide problem of that service existing in any particular area so that the department may, as nearly as practicable, render to all citizens their equitable share of the service available.</content><note type="source"><p>Source Note: The provisions of this §1.11 adopted to be effective January 1, 1976; amended to be effective December 30, 2002, 27 TexReg 12372.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scB/s1.12"><num value="1.12">§1.12</num><heading>Initiation of Rulemaking</heading><content>(a) Any interested person may petition the department requesting the adoption of a new rule or the amendment of an existing rule. The petition shall be in writing directed to the Office of Director at the department's headquarters building in Austin.(b) The petition for adoption shall contain:(1) a clear and concise statement of the substance of the proposed rule or amendment;(2) the complete proposed text of the rule;(3) the statutory authority for such rule or amendment;(4) a brief explanation of the purpose to be accomplished through such adoption.(c) Within 60 days after submission of a petition, the department either shall deny the petition in writing stating its reasons for denial, or shall initiate rulemaking proceedings.(d) Nothing in this section shall preclude the department from consideration or development of new rules or amendments to existing rule on its own initiation.</content><note type="source"><p>Source Note: The provisions of this §1.12 adopted to be effective October 30, 2000, 25 TexReg 10746.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scC"><num value="C">SUBCHAPTER C</num><heading>PERSONNEL AND EMPLOYMENT POLICIES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.36"><num value="1.36">§1.36</num><heading>Equal Employment Opportunity Policy</heading><content>It is the policy of the Texas Department of Public Safety to hire the best qualified people to perform the many tasks necessary in providing high quality service in the field of law enforcement administration and other areas of public safety. An integral part of this policy is to provide equal employment opportunity for all persons; to recruit and administer hiring, working conditions, benefits and privileges of employment, compensation, training, appointments for advancement including upgrading and promotion, transfers, and terminations of employment within the framework provided by statutes of the State of Texas and the United States without discrimination because of race, color, religion, national origin, sex, age, or disability.</content><note type="source"><p>Source Note: The provisions of this §1.36 adopted to be effective January 1, 1976; amended to be effective March 4, 1993, 18 TexReg 1091; amended to be effective June 29, 2000, 25 TexReg 6153.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.37"><num value="1.37">§1.37</num><heading>Selection Policy</heading><content>(a) The purpose of the promotional and selection policies and procedures of the Texas Department of Public Safety is to assure that initial employment and career advancement within the department is based upon:(1) sound personnel practices based on merit;(2) nondiscriminatory procedures as required by law; and(3) a comprehensive program aimed at increasing the department's overall professionalism, proficiency, and morale through an effective career program.(b) This department's selection procedures for entry level law enforcement positions are set into motion as dates for recruit schools are scheduled. The recruiting efforts for this position are an ongoing process. Recruiting efforts and selection procedures for other entry level positions are set into motion as needed or as vacancies occur.</content><note type="source"><p>Source Note: The provisions of this §1.37 adopted to be effective January 1, 1976; amended to be effective June 29, 2000, 25 TexReg 6153.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.38"><num value="1.38">§1.38</num><heading>Personnel Complaint Policy</heading><content>(a) Purpose. The purpose of this section is to set out how and where to file a complaint about the actions or behavior of an employee of the Texas Department of Public Safety in compliance with Texas Government Code, §411.0195.(b) Applicability. The policies and procedures described in this section apply only to complaints made against an employee of the department either by another employee of the department or by a member of the public.(c) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context in which the word or term is used clearly indicates otherwise:(1) Complaint--A written statement of allegations against an employee of the department made by a member of the public or another department employee which alleges one or more of the following:(A) an infraction of department rules, regulations, or policies; or(B) an illegal act.(2) Complainant--A person who files a complaint.(3) Department--The Texas Department of Public Safety.(d) Filing a Complaint.(1) Persons desiring to make a complaint must understand the importance of submitting their complaint in writing with signature affixed. (The Texas Government Code, §614.022 provides that all complaints to be considered on law enforcement officers must be made in writing and signed by the person making the complaint.) If a complainant makes a complaint orally or by e-mail, he or she will be requested to submit the complaint in writing with their signature affixed, and given the necessary form and instructions to file the complaint. Complaint forms may be obtained from any department office or on the internet at the department's web page (www.dps.texas.gov).(2) The completed and signed complaint may be filed with the employee's supervisor by United States mail or personal delivery, or by United States mail at Texas Department of Public Safety, Office of Inspector General, 13706 Research Boulevard, Suite 100, Austin, Texas 78750.(3) The name, mailing address, and telephone number of the person to whom the complaint should be directed may be obtained by calling:(A) the department at its headquarters in Austin, Texas at (512) 424-2000; or(B) by contacting any department office.(4) A complaint should contain the following information:(A) name, mailing address, and telephone number of the complainant;(B) the name of the employee about which the complaint is being filed or sufficient information to enable the department to identify the employee; and(C) a concise statement of the nature of the complaint, including all relevant facts.(5) A summary of the department's complaint investigation process is available on the department's web page. A copy will be provided to any person who requests a complaint form or files a written complaint.(e) Complaint Investigation and Resolution Procedures.(1) A complete description of the department's complaint investigation, resolution, and appeal procedures may be found in Chapter 7A of the Department's General Manual which is on file with the Texas State Library and Archives Commission located in Austin, Texas. A summary of this information is available on the department's web site.(2) All written complaints filed with the department will be investigated thoroughly, objectively, and expeditiously. The complainant will be notified that the complaint is to be investigated, and the complainant will be contacted personally by the investigator if at all possible to discuss the complaint allegations in detail.(3) The complainant and employee will be informed in writing of the resolution of the complaint.(4) If the complaint investigation process is not complete within 90 days of the complaint being filed, the complainant and the employee will be notified of the complaint's status on a quarterly basis until final resolution.(f) Anonymous or Unwritten Complaints. A complainant refusing to file a written complaint or who makes an anonymous complaint, does not necessarily prevent an investigation from being initiated on the facts provided. However, unwritten or anonymous complaints do cause the matter to be more difficult to process to an effective conclusion.</content><note type="source"><p>Source Note: The provisions of this §1.38 adopted to be effective April 3, 2000, 25 TexReg 2818; amended to be effective May 6, 2014, 39 TexReg 3597.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.40"><num value="1.40">§1.40</num><heading>Reasonable Accommodations under the Americans with Disabilities Act</heading><content>(a) It is the policy of the department that no qualified individual with a disability shall, solely based on the disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any of the policies or procedures of the department in any employment practice.(b) This department shall make reasonable accommodations to known physical or mental limitations of a qualified applicant or employee with a disability which would enable the individual to perform the essential job tasks.(c) The department must provide a reasonable accommodation for a qualified applicant or employee with a known physical or mental disability unless it can show that the accommodation would impose an undue hardship on the operation.</content><note type="source"><p>Source Note: The provisions of this §1.40 adopted to be effective March 12, 1993, 18 TexReg 1290.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.41"><num value="1.41">§1.41</num><heading>Americans with Disabilities Act Grievance Procedures</heading><content>(a) Policy.(1) The Texas Department of Public Safety has adopted an internal grievance procedure providing for prompt and equitable resolution of complaints alleging any action prohibited by the United States Department of Justice regulations implementing Title II of the Americans with Disabilities Act (ADA) and ADA Amendments Act (ADAAA). Title II states, in part, that "no otherwise qualified disabled individual shall, solely by reason of such disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination" in programs or activities sponsored by a public entity.(2) Complaints should be addressed to: EEO Officer, 5805 North Lamar Boulevard, P.O. Box 4087, Austin, Texas 78773-0251, (512) 424-5062.(3) The Equal Employment Opportunity (EEO) office shall maintain the files and records of the Texas Department of Public Safety relating to the complaints filed.(4) The right of a person to a prompt and equitable resolution of the complaint filed hereunder shall not be impaired by the person's pursuit of other remedies such as the filing of an ADA complaint with the responsible federal or state department or agency. Use of this grievance procedure is not a prerequisite to the pursuit of other remedies.(5) This policy shall be construed to protect the substantive rights of interested persons to meet appropriate due process standards, and to assure that the Texas Department of Public Safety complies with the ADA and the ADAAA and the implementing regulations.(b) Complaint procedures for program compliance.(1) A complaint should be filed in writing or verbally, contain the name and address of the person filing it, and briefly describe the alleged violation of the regulations.(2) A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before adoption of this section will be considered on a case-by-case basis.)(3) An investigation, as may be appropriate, shall follow a filing of complaint. The investigation shall be coordinated by the EEO office. This procedure contemplates informal but thorough investigations, affording all interested persons and their representatives, if any, an opportunity to submit evidence relevant to a complaint. A copy of the investigative report will be forwarded to the assistant director over the program or division.(4) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the assistant director over the program or division and a copy forwarded to the complainant no later than 30 business days after its filing.(5) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made to the appropriate deputy director within 5 business days of the date of the written determination issued by the assistant director over the complainant's program or division. Based on his or her review of the investigation, the deputy director may alter the determination of the assistant director.(c) Complaint procedure for employment compliance.(1) An applicant for employment may file a complaint in writing or verbally. The complaint should contain the name and address of the person filing it. A complaint should be filed within 30 days after the complainant becomes aware of the alleged violation. (Processing of allegations of discrimination which occurred before adoption of this section will be considered on a case-by-case basis.)(2) A board consisting of the EEO officer and two other members to be named by the director has been established to receive, review, and make determinations as to validity on complaints of discrimination. Upon receipt of the complaint, the ADA coordinator will forward the complaint to the EEO officer.(3) The complaint must fully describe the nature of the complaint and provide sufficient details to enable the board to arrive at a thorough understanding of what has occurred. The board may request additional information.(4) A written determination as to the validity of the complaint and a description of the resolution, if any, shall be issued by the EEO officer and a copy forwarded to the complainant, the general counsel, and the ADA coordinator no later than 30 business days after its filing.(5) The complainant can request a reconsideration of the case in instances where he or she is dissatisfied with the resolution. The request for reconsideration should be made to the appropriate deputy director within 5 business days of the date of the written determination issued by the EEO officer. Based on his or her review of the investigation, the deputy director may alter the determination of the EEO officer.(6) The ADA coordinator will advise the Office of General Counsel, as necessary, about complaints received and the resolution of such complaints. The Office of General Counsel shall assist the coordinator as the need arises.</content><note type="source"><p>Source Note: The provisions of this §1.41 adopted to be effective June 29, 2000, 25 TexReg 6153; amended to be effective September 7, 2014, 39 TexReg 6871.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.42"><num value="1.42">§1.42</num><heading>Veteran's Preference Grievance Procedure</heading><content>(a) Complaints regarding veteran's preference should be addressed to: Human Resources Director, Human Resources Bureau, 5805 North Lamar Blvd., P.O. Box 4087, Austin, TX 78773-0251, who has been designated by the Commission to receive complaints and coordinate compliance efforts. The Human Resources Director shall respond in writing to the complaint not later than the fifteen (15) business days after the date the department receives the complaint. The written response shall explain that the complainant can request consideration of the case by the Public Safety Commission at the next available public meeting and instructions on how to request the consideration before the Commission. The request for consideration should be made within fifteen (15) business days of the date the response is mailed to the complainant.(b) All veteran's preference complaints shall be reported to the Commission and those requesting consideration will be placed on the agenda of the next available meeting as personnel issues. The Commission may render a different employment decision than the decision that is the subject of the complaint if the Commission determines that the veteran's preference was not properly applied. Those individuals requesting consideration by the Commission will receive written notice of the Commission's decision.</content><note type="source"><p>Source Note: The provisions of this §1.42 adopted to be effective March 11, 2008, 33 TexReg 2034.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.43"><num value="1.43">§1.43</num><heading>Former Foster Child's Preference Grievance Procedure</heading><content>(a) Complaints regarding former foster child's preference should be addressed to: Human Resources Director, Human Resources, 5805 North Lamar Blvd., P.O. Box 4087, Austin, TX 78773-0251, who has been designated by the Public Safety Commission (the commission) to receive complaints and coordinate compliance efforts. The human resources director shall respond in writing to the complaint not later than 15 business days after the date the department receives the complaint. The written response shall explain that the complainant can request consideration of the case by the commission at the next available public meeting and instructions on how to request the consideration before the commission. The request for consideration should be made within 15 business days of the date the response is mailed to the complainant.(b) All former foster child's preference complaints shall be reported to the commission and those requesting consideration will be placed on the agenda of the next available meeting as personnel issues. The commission may render a different employment decision than the decision that is the subject of the complaint if the commission determines that the former foster child's preference was not properly applied. Those individuals requesting consideration by the commission will receive written notice of the commission's decision.</content><note type="source"><p>Source Note: The provisions of this §1.43 adopted to be effective May 19, 2010, 35 TexReg 3846.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scC/s1.44"><num value="1.44">§1.44</num><heading>Legislative Leave Pool</heading><content>The department shall implement a legislative leave pool policy pursuant to Texas Government Code, §411.0161.</content><note type="source"><p>Source Note: The provisions of this §1.44 adopted to be effective March 17, 2011, 36 TexReg 1680.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scD"><num value="D">SUBCHAPTER D</num><heading>MEDIA AND COMMUNICATIONS POLICIES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.51"><num value="1.51">§1.51</num><heading>General Policy</heading><content>It is the belief of the Department of Public Safety (department) that the public should have accurate, authentic information concerning events that affect the public welfare, or that are of public interest. It is also the belief of the department that the public should be informed of the actions of governmental agencies when it is possible to give such information without substantially interfering with the performance of vital emergency police services or jeopardizing the results of a police investigation. To this end, the department has established a Public Information Office, to which the media may be referred.</content><note type="source"><p>Source Note: The provisions of this §1.51 adopted to be effective January 1, 1976; amended to be effective April 21, 2003, 28 TexReg 3363.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.52"><num value="1.52">§1.52</num><heading>Release of Information in Criminal Investigations</heading><content>(a) Subject to the limitations outlined as follows, department employees may respond to news media inquiries about criminal investigations in which the department is involved.(b) Release of information concerning criminal investigations may be made only by the officers directly responsible for the investigation, by the Public Information Office or designated public information officer on the scene after consultation with the lead investigating officers. Employees not involved as outlined in this subsection will refer all news media inquiries to the appropriate personnel.(c) When an investigation is being conducted jointly with local officers, releases will be coordinated with them so as to maintain proper working relationships. Every effort should be made in such cases for releases to be handled by the sheriff or chief of police, if he so desires.(d) Once an arrest has been made and primary responsibility for a case has shifted to the prosecutor, news media inquiries should normally be referred to the appropriate county or district attorney.(e) The names of offenders under age 17 should not normally be released. Guidance should be sought from local juvenile authorities in cases involving juvenile offenders.(f) The following information regarding criminal matters may not be released by members of this department:(1) the prior criminal record, including arrests, indictments, or other charges of crime, or the character or reputation of the accused, except that the officer may make a factual statement of the accused's name, age, residence, occupation, and family status, and if the accused has not been apprehended, may release any information necessary to aid in his apprehension or to warn the public of any dangers he may present. Nothing herein should be construed as limiting the right of the news media to obtain and publish conviction data from court or public records;(2) the existence or contents of any confession, admission, or statement given by the accused, or the refusal or failure of the accused to make any statement, except that the officer may announce without further comment that the accused denies the charges made against him;(3) the details or results of any laboratory examinations of evidence in the case, or the results or failure of the accused to submit to any examination including polygraph. This prohibition does not apply to results of blood alcohol concentration tests (breath, blood or urine) or to the accused's failure to submit to such a test;(4) the identity, testimony, or credibility of prospective witnesses, although the officer may announce the identity of the victim unless the offense involved sexual contact;(5) the possibility of a plea of guilty to the offense charged or a lesser offense;(6) any opinion as to the accused's guilt or innocence or as to the merits of the case or the evidence in the case;(7) no member of this department shall deliberately pose a person in custody for photographing or televising by representatives of the news media. This does not limit the right of the news media to photograph the person in custody, in a public place, and on their own initiative.</content><note type="source"><p>Source Note: The provisions of this §1.52 adopted to be effective January 1, 1976; amended to be effective July 11, 1989, 14 TexReg 3146; amended to be effective April 21, 2003, 28 TexReg 3363; amended to be effective October 21, 2004, 29 TexReg 9686.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.53"><num value="1.53">§1.53</num><heading>Releases before Arrest or Charge</heading><content>Following the commission of a crime, but prior to the making of an arrest, the issuance of an arrest warrant or the filing of formal charges, the following limitations on release of information to the news media apply.(1) Releases shall be limited to pertinent facts related to the crime itself including nature of the offense, information concerning the victim, location, and approximate time of the crime, and information as to what agency or agencies are investigating.(2) The fact that laboratory examinations are being made by the Department of Public Safety lab may be released, but the details or results shall be considered confidential. This same limitation applies to polygraph examinations, but does not apply to blood alcohol concentration tests.(3) Prior to the filing of formal charges, the identity of a person wanted for questioning should not be disclosed unless determined by the investigators to be necessary to aid in the investigation, to assist in the apprehension or location of the person, or to warn the public of any dangers.</content><note type="source"><p>Source Note: The provisions of this §1.53 adopted to be effective January 1, 1976; amended to be effective July 11, 1989, 14 TexReg 3146; amended to be effective April 21, 2003, 28 TexReg 3363.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.54"><num value="1.54">§1.54</num><heading>Releases After Arrest or Charges</heading><content>It shall be permissible for authorized members of this department to release the following information in criminal proceedings at the time charges are filed, or upon arrest of the defendant.(1) The fact and circumstances of arrest, including the time and place of arrest, pursuit, resistance, and any injuries suffered during the arrest.(2) The identity of the investigating and arresting officer and agency and the length of the investigation.(3) At the time of seizure of any physical evidence, a description of the evidence seized.(4) The nature, substance, or text of the charge as filed in a court proceeding and the identity of the person charged. This may include the age, residence, occupation, and family status of the suspect.(5) Information as to the court in which the charge was filed and the fact the defendant was released on bond or remanded to jail.(6) Information of the type outlined in §1.53 of this title (relating to Releases Before Arrest or Charge).</content><note type="source"><p>Source Note: The provisions of this §1.54 adopted to be effective January 1, 1976; amended to be effective April 21, 2003, 28 TexReg 3363.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.55"><num value="1.55">§1.55</num><heading>Access to Disaster and Emergency Scenes</heading><content>(a) Department officers will permit properly identified news media representatives free access to any disaster or emergency scene unless their presence would constitute a violation of the law or would substantially interfere with the officer's duty to:(1) protect human life, including providing assistance to those already injured and preventing further injuries to others from explosion, fire, radiation, chemicals, or other hazard;(2) collect and preserve evidence of a crime or serious negligence;(3) protect property; and(4) identify dead or injured persons.(b) The question of what constitutes proper identification as a news media representative is left to the discretion of the department officer involved. Most news persons carry cards showing their professional affiliation. Press cards of this sort are issued by many local law enforcement agencies, by some federal agencies, and by news media organizations and associations.(c) When necessary to bar news media representatives from emergency scenes for the reasons set out in subsection (a) of this section, the reason should be explained to them, and they should be permitted access as close to the scene as possible. It should be recognized that such close access is essential to the proper working of a free and independent press.(d) Department officers should attempt to cooperate with the news media efforts to obtain information in photographs, or film, within the limitations set forth in this section, in order to lessen congestion and permit the media representatives to complete their tasks in an orderly manner.</content><note type="source"><p>Source Note: The provisions of this §1.55 adopted to be effective January 1, 1976; amended to be effective April 21, 2003, 28 TexReg 3363.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.56"><num value="1.56">§1.56</num><heading>Actions of Media Representatives at Disaster and Emergency Scenes</heading><content>(a) After news media representatives have been permitted access to a disaster or emergency scene, department officers will not attempt to restrict any of their actions unless the act is a violation of the law or interferes with the performance of vital police duties.(b) In the event a media representative attempts or commits an act not a violation of the law or in interference with vital police duties, but which is repugnant to decent human sensibilities, department officers will not attempt to prevent the act. However, in such instances, a department officer will identify the representative and his employer, and will make a written report of the incident to his commanding officer. Copy of such a report may be sent to the representative's employer. The commanding officer will incorporate this report in his official record of the disaster or emergency.</content><note type="source"><p>Source Note: The provisions of this §1.56 adopted to be effective January 1, 1976; amended to be effective April 21, 2003, 28 TexReg 3363.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.57"><num value="1.57">§1.57</num><heading>Military Incidents</heading><content>The same policy as set out in the preceding sections will be followed in military accidents. If a media representative desires to take photographs or secure information, he should be referred to the proper military authorities for permission. However, department officers will not bar media representatives from taking photographs or seeking information once they have referred them to the proper military authority. Exception to this will be made only when the department officers have been officially and authoritatively advised by the proper military authorities that a specific violation of federal law is involved in allowing unauthorized persons to examine or photograph classified material or equipment involved in the specific incident.</content><note type="source"><p>Source Note: The provisions of this §1.57 adopted to be effective January 1, 1976; amended to be effective April 21, 2003, 28 TexReg 3363.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.58"><num value="1.58">§1.58</num><heading>Release of Information on Victims</heading><content>It is highly desirable to notify next of kin of any victim, who has died or been seriously injured, before releasing the victim's name to the news media. Therefore, department personnel will not release the names of such victims to the news media representatives until the identities of the victims have been fully established and the next of kin have been notified.</content><note type="source"><p>Source Note: The provisions of this §1.58 adopted to be effective January 1, 1976; amended to be effective April 21, 2003, 28 TexReg 3363; amended to be effective August 13, 2009, 34 TexReg 5409; amended to be effective May 6, 2014, 39 TexReg 3597.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scD/s1.59"><num value="1.59">§1.59</num><heading>Law Violations by Media Representatives</heading><content>News media representatives apprehended for violating the law at a disaster or emergency scene will be dealt with the same as any other violator.</content><note type="source"><p>Source Note: The provisions of this §1.59 adopted to be effective January 1, 1976.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scE"><num value="E">SUBCHAPTER E</num><heading>VIDEOTAPES AND PHOTOGRAPHS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scE/s1.71"><num value="1.71">§1.71</num><heading>Disposition of Videotapes and Photographs</heading><content>(a) All videotapes, photographs, and negatives created or acquired by Department of Public Safety personnel in the course of their official duties are agency property and available to the public as provided by the Texas Public Information Act. No employee shall sell, or offer to sell, any such videotape, photograph, or negative for personal gain, nor shall any employee receive any personal compensation whatsoever for the release or disposition of such items.(b) This section is not intended to forbid the use of any such videotape, photograph, or negative by members of this department or other criminal justice agencies in the prosecution of any criminal or traffic case or in programs expressly intended to further public safety education or in any utilization approved by the director.</content><note type="source"><p>Source Note: The provisions of this §1.71 adopted to be effective January 1, 1976; amended to be effective December 14, 1992, 17 TexReg 8332; amended to be effective April 21, 2003, 28 TexReg 3364.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scF"><num value="F">SUBCHAPTER F</num><heading>TESTIMONY</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scF/s1.91"><num value="1.91">§1.91</num><heading>Civil Cases</heading><content>(a) Findings, facts, data, information, and opinions based on such findings, facts, data, or information gained by a Texas Department of Public Safety employee from and during the course of his employment, if requested while such person is employed by the department, shall be considered as being the product of state employment and will be generally made available through court testimony by the employee on state time and expense.(b) Members of the department of public safety will only testify in civil suits involving or arising from an official act after being served with a subpoena directing his appearance in court. This does not apply to suits to which the employee or the department is a party.(c) Members of the department will not accept civil subpoenas for trials at which they cannot be legally compelled to attend unless specifically instructed to do so.(d) Employees may be assigned to give expert testimony for the Texas Department of Public Safety or other governmental agencies, and, while doing so, will be on official duty at state expense. Such assignments will be determined by the appropriate administrative division chief, criminal law enforcement commander, regional commander, or special section head.(e) Employees who serve as expert witnesses in instances not arising from official acts of the department of public safety will testify off duty at no expense to the state. Employees affected by this policy will comply with the following.(1) The employee must be under legal process or obtain departmental approval when testimony is given, and will testify off duty, at no expense to the state. An employee will not testify at a trial if deposition testimony can be arranged in lieu of the court appearance. Departmental approval shall be obtained as follows:(A) administrative personnel division chief;(B) criminal law enforcement personnel service commander;(C) traffic law enforcement personnel regional commander.(2) When an employee becomes aware that civil testimony may be required, the supervisor will be consulted and the employee-witness will make arrangements to minimize inconvenience to the state. Civil court testimony will not take precedence over testimony in criminal cases unless required by law.(3) Physical evidence and laboratory records will only be released under legal process.(4) No employee will solicit requests to appear as an expert witness.</content><note type="source"><p>Source Note: The provisions of this §1.91 adopted to be effective May 16, 1978, 3 TexReg 1589; amended to be effective January 12, 1982, 7 TexReg 21.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scF/s1.92"><num value="1.92">§1.92</num><heading>Reimbursement of Witnesses at Public Safety Commission Hearings</heading><content>The director is authorized to reimburse witnesses who are requested by the director or the director's designee to attend hearings before the commission relating to the discharge of any officer or employee under Texas Government Code, §411.007. Witnesses may be reimbursed in the amounts provided under Texas Government Code, §2001.103.</content><note type="source"><p>Source Note: The provisions of this §1.92 adopted to be effective March 8, 2021, 46 TexReg 1509.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scG"><num value="G">SUBCHAPTER G</num><heading>BOMB THREATS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scG/s1.101"><num value="1.101">§1.101</num><heading>Response to Bomb Threats</heading><content>(a) The primary responsibility for police action designed to search for a reported bomb at any location, other than premises occupied by the Department of Public Safety, lies with the principal local law enforcement agency in whose jurisdiction the reported bomb threat is located. We will assist these agencies as requested and within the limits of our capabilities.(b) The department will not train and equip bomb disposal squads. As a matter of policy, we will depend on the explosive ordnance disposal service available from military installations or local law enforcement agencies, to remove a discovered bomb in those instances where we must accept the responsibility for its removal.(c) The department will assume primary responsibility for necessary evacuation and search of any premises occupied by the department and in which a bomb has been reported.</content><note type="source"><p>Source Note: The provisions of this §1.101 adopted to be effective January 1, 1976; amended to be effective October 19, 2003, 28 TexReg 8954.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scH"><num value="H">SUBCHAPTER H</num><heading>PROFESSIONAL CONDUCT</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scH/s1.111"><num value="1.111">§1.111</num><heading>Ten General Orders</heading><content>The ten general orders listed in this section are the traditional code of conduct for the Texas Department of Public Safety (the department) and are binding in addition to any other code of ethics adopted. As a member of the department it shall be my duty:(1) To execute the mission of the department to protect and serve Texas.(2) To practice, at all times, the motto of the department: "Courtesy, Service, Protection."(3) To keep myself clean and presentable and in good physical, mental, and moral condition.(4) To know and obey at all times the U.S. and state constitutions, federal and state laws, and lawful orders and instructions.(5) To keep all state equipment issued to me fully accounted for, in proper working condition, and secure.(6) To register as a voter and vote my convictions as a citizen but refrain from political campaigns and endorsements except as specifically authorized by law and policy.(7) To conduct my duties in a straightforward, honest, and respectful manner, relying upon poise, competence, and soundness of character.(8) To report misconduct and matters that negatively impact me or other department personnel to my immediate supervisor and higher, if necessary.(9) To make suggestions to improve department operations, policies, and services.(10) To conduct myself, on and off duty, in a manner that merits the voluntary praise of those with whom I come in contact, so that my actions reflect well upon myself, the department, and the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §1.111 adopted to be effective January 1, 1976; amended to be effective March 16, 2014, 39 TexReg 1723.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scH/s1.112"><num value="1.112">§1.112</num><heading>International Association of Chiefs of Police Code of Ethics</heading><content>The International Association of Chiefs of Police Code of Ethics is adopted for the benefit of all department members and for the guidance of commissioned personnel. The Code of Ethics is as follows.(1) As a law enforcement officer, my fundamental duty is to serve mankind; to safeguard lives and property; to protect the innocent against deception, the weak against oppression or intimidation, and the peaceful against violence or disorder; and to respect the Constitutional rights of all men to liberty, equality, and justice.(2) I will keep my private life unsullied as an example to all; maintain courageous calm in the face of danger, scorn, or ridicule; develop self-restraint; and be constantly mindful of the welfare of others. Honest in thought and deed in both my personal and official life, I will be exemplary in obeying the laws of the land and the regulations of my department. Whatever I see or hear of a confidential nature or that is confided to me in my official capacity will be kept ever secret unless revelation is necessary in the performance of my duty.(3) I will never act officiously or permit personal feelings, prejudices, animosities, or friendships to influence my decision. With no compromise for crime and with relentless prosecution of criminals, I will enforce the law courteously and appropriately without fear or favor, malice or ill will, never employing unnecessary force or violence and never accepting gratuities.(4) I recognize the badge of my office as a symbol of public faith, and I accept it as a public trust to be held as long as I am true to the ethics of the police service. I will constantly strive to achieve these objectives and ideals, dedicating myself before God to my chosen profession . . . law enforcement.</content><note type="source"><p>Source Note: The provisions of this §1.112 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scH/s1.113"><num value="1.113">§1.113</num><heading>International Association of Chiefs of Police Canons of Police Ethics</heading><content>The International Association of Chiefs of Police Canons of Police Ethics is adopted for the benefit of all department members and for the guidance of commissioned personnel. They are as follows.(1) Primary responsibility of job. The primary responsibility of the police service, and of the individual officer, is the protection of the people of the United States through the upholding of their laws; chief among these is the Constitution of the United States and its amendments. The law enforcement officer always represents the whole of the community and its legally expressed will and is never the arm of any political party or clique.(2) Limitation of authority. The first duty of a law enforcement officer, as upholder of the law, is to know its bounds upon him in enforcing it. Because he represents the legal will of the community, be it local, state, or federal, he must be aware of the limitations and proscriptions which the people, through law, have placed upon him. He must recognize the genius of the American system of government which gives to no man, group of men, or institution, absolute power, and he must insure that he, as a prime defender of that system, does not pervert its character.(3) Duty to be familiar with the law and with responsibilities of self and other public officials. The law enforcement officer shall assiduously apply himself to the study of the principles of the law which he is sworn to uphold. He will make certain of his responsibilities in the particulars of their enforcement, seeking aid from his superiors in matters of technicality or principle when these are not clear to him; he will make special effort to fully understand his relationship to other public officials, including other law enforcement agencies, particularly on matters of jurisdiction both geographically and substantively.(4) Utilization of proper means to gain proper ends. The law enforcement officer shall be mindful of his responsibility to pay strict heed to the selection of means in discharging the duties of his office. Violations of law or disregard for public safety and property on the part of an officer are intrinsically wrong; they are self-defeating in that they instill in the public mind a like disposition. The employment of illegal means, no matter how worthy the end, is certain to encourage disrespect for the law and its officers. If the law is to be honored, it must first be honored by those who enforce it.(5) Cooperation with public officials in the discharge of their authorized duties. The law enforcement officer shall cooperate fully with other police officials in the discharge of authorized duties, regardless of party affiliation or personal prejudices. He shall be meticulous, however, in assuring himself of the propriety, under the law, of such actions and shall guard against the use of his office or person, whether knowingly or unknowingly, in any improper or illegal action. In any situation open to question, he shall seek authority from his superior officer, giving him a full report of the proposed service or action.(6) Private conduct. The law enforcement officer shall be mindful of his special identification by the public as an upholder of the law. Laxity of conduct or manner in private life, expressing either disrespect for the law or seeking to gain special privilege, cannot but reflect upon the police officers and the police service. The community and the service require that the law enforcement officer lead the life of a decent and honorable man. Following the career of a policeman gives no man special perquisites. It does give the satisfaction and pride of following and furthering an unbroken tradition of safeguarding the American republic. The officer who reflects upon this tradition will not degrade it. Rather, he will so conduct his private life that the public will regard him as an example of stability, fidelity, and morality.(7) Conduct toward the public. The law enforcement officer, mindful of his responsibility to the whole community, shall deal with individuals of the community in a manner calculated to instill respect for its laws and its police service. The law enforcement officer shall conduct his official life in a manner such as will inspire confidence and trust. Thus, he will be neither overbearing nor subservient, as no individual citizen has an obligation to stand in awe of him nor a right to command him. The officer will give service where he can, and require compliance with the law. He will do neither from personal preference nor prejudice but rather as a duly appointed officer of the law discharging his sworn obligation.(8) Conduct in arresting and dealing with law violators. The law enforcement officer shall use his powers of arrest strictly in accordance with the law and with due regard to the rights of the citizen concerned. His office gives him no right to prosecute the violator nor to mete out punishment for the offense. He shall, at all times, have clear appreciation of his responsibilities and limitations regarding detention of the violator; he shall conduct himself in such a manner as will minimize the possibility of having to use force. To this end he shall cultivate a dedication to the service of the people and the equitable upholding of their laws whether in the handling of law violators or in dealing with the law-abiding.(9) Gifts and favors. The law enforcement officer representing government bears the heavy responsibility of maintaining, in his own conduct, the honor and integrity of all government institutions. He shall, therefore, guard against placing himself in a position in which any person can expect special consideration or in which the public can reasonably assume that special consideration is being given. Thus, he should be firm in refusing gifts, favors, or gratuities, large or small, which can, in the public mind, be interpreted as capable of influencing his judgment in the discharge of his duties.(10) Presentation of evidence. The law enforcement officer shall be concerned equally in the prosecution of the wrong-doer and the defense of the innocent. He shall ascertain what constitutes evidence and shall present such evidence impartially and without malice. In so doing, he will ignore social, political, and all other distinctions among the persons involved, strengthening the tradition of the reliability and integrity of an officer's word. The law enforcement officer shall take special pains to increase his perception and skill of observation, mindful that in many situations his is the sole impartial testimony to the facts of a case.(11) Attitude toward profession. The law enforcement officer shall regard the discharge of his duties as a public trust and recognize his responsibility as a public servant. By diligent study and sincere attention to self-improvement he shall strive to make the best possible application of science to the solution of crime and, in the field of human relationships, strive for effective leadership and public influence in matters affecting public safety. He shall appreciate the importance and responsibility of his office, hold police work to be an honorable profession rendering valuable service to his community and his country.</content><note type="source"><p>Source Note: The provisions of this §1.113 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scH/s1.114"><num value="1.114">§1.114</num><heading>Major Infraction Applicable to Any Employee</heading><content>(a) Any of the major infractions listed as follows may be deemed sufficient cause for the discharge, suspension, demotion, or removal of any employee of the department of public safety:(1) failure to abide by the Code and Canons of Ethics or the standards of ethical conduct for state employees;(2) violation of one or more of the 10 general orders;(3) violation of any rule, order, requirement, or failure to follow instructions contained in department manuals;(4) willful disobedience to any legal order properly issued to him by any superior officer to the department;(5) willful neglect of duty;(6) making public any investigation or proposed movement or business of the department to any unauthorized person;(7) unnecessary and unwarranted violence to a citizen or person under arrest;(8) use of indecent, profane, or harsh language while on duty or in uniform;(9) unauthorized attendance while on duty at official legislative sessions;(10) willful or inexcusable destruction or loss of state property;(11) violations of law which are willful or inexcusable;(12) acceptance of fees, gifts, or money contrary to the rules of the department and/or laws of the state;(13) any act on or off duty which reflects discredit to the department of public safety; or(14) racial profiling.(b) The terms contained herein are those which appear in §§1.111 - 1.113 of this title (relating to Professional Conduct) and are intended by the public safety commission to reflect and refer to those provisions.</content><note type="source"><p>Source Note: The provisions of this §1.114 adopted to be effective November 20, 1987, 12 TexReg 4123; amended to be effective January 11, 2001, 26 TexReg 214; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective May 20, 2008, 33 TexReg 4007.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scI"><num value="I">SUBCHAPTER I</num><heading>FEES FOR COPIES OF RECORDS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scI/s1.126"><num value="1.126">§1.126</num><heading>General Fees</heading><content>(a) All other noncertified photographic reproductions of traffic records, lists, or documents in the files, up to legal size (8 1/2 inches by 14 inches), prepared on standard office copy machines will be furnished as follows:(1) for 50 pages of less of readily available information, the charge shall be $.10 per page; or(2) for more than 50 pages of readily available information, the charge shall be $.85 for the first page and $.15 for each additional page;(3) for any quantity of information deemed to be not readily available, the actual charge shall be the combined components of $.70 for the first page and $.15 for each page thereafter, plus actual labor costs incurred in providing the requested information. The actual labor costs of providing information may include costs of locating and preparing the information.(b) Certification of any document listed in this section except where a different certification fee is noted will be made for a fee of $1.00 extra per document.(c) Personal review of public records at the Department of Public Safety headquarters in Austin, without request for a copy, may be made without charge.(d) In establishing charges, the department may add any postal related expenses which may be necessary to transmit the reproduced documents to the requesting party to the charges established pursuant to this subsection.(e) The charge for each photograph made by the DPS crime laboratory photography section under the Open Records Act is as follows:(1) $3.00 for each four inch by six inch color photograph; or(2) $3.15 for each five inch by seven inch black and white photograph.(f) The cost for copies provided under Texas Civil Statutes, Article 6252-17a, §9(b), will be set in consultation with the material management section of the centralized services division of State Purchasing and General Services Commission. Criteria for establishing cost shall include, but not be limited to, labor hours and rates, computer time and rates, cost for materials such as computer tapes, paper, fiche, cassettes, and printer supplies, and applied overhead by component and application base.</content><note type="source"><p>Source Note: The provisions of this §1.126 adopted to be effective January 1, 1976; amended to be effective April 29, 1988, 13 TexReg 1868.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scI/s1.128"><num value="1.128">§1.128</num><heading>Statutory Fees</heading><content>It is the policy of the Texas Department of Public Safety that where a fee is not set by administrative rule, then such fee as may be charged has been established by the Legislature, as a matter of state law.</content><note type="source"><p>Source Note: The provisions of this §1.128 adopted to be effective July 2, 1986, 11 TexReg 2895.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scI/s1.129"><num value="1.129">§1.129</num><heading>Fees for Sale of a Texas Peace Officer's Crash Report in Highway Patrol Field Offices</heading><content>(a) Reproduction of approved field copies of Department of Public Safety investigated Texas Peace Officer's Crash Reports (CR-3) will be furnished upon written request in all field offices where adequate clerical support exists and reproduction equipment is available.(b) Persons or firms desiring reproduction of Texas Peace Officer's Crash Reports from field office files will submit a written request. If the desired report is available and the requestor meets the requirements under Texas Transportation Code, §550.065 for an un-redacted report, it will be reproduced and furnished upon payment of the statutory fee in the form of a personal check, money order, or cashier's check. Copies of each crash report purchased in a highway patrol field office will be stamped "Field Copy--Not From Custodial File." If the requestor does not meet the requirements under Texas Transportation Code, §550.065 for an un-redacted report, they will be sold a redacted report stamped "Field Copy--Not From Custodial File."</content><note type="source"><p>Source Note: The provisions of §1.129 adopted to be effective July 17, 1987, 12 TexReg 2149; amended to be effective May 30, 1999, 24 TexReg 3859; amended to be effective December 5, 2001, 26 TexReg 9913; amended to be effective March 9, 2004, 29 TexReg 2373; amended to be effective August 13, 2009, 34 TexReg 5409; amended to be effective January 10, 2016, 41 TexReg 488.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scI/s1.130"><num value="1.130">§1.130</num><heading>Fee for Fingerprints</heading><content>On request and payment of a fee of $10, the department may record a person's fingerprints. The department may retain records of fingerprints taken under this section.</content><note type="source"><p>Source Note: The provisions of this §1.130 adopted to be effective October 24, 1996, 21 TexReg 10217.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scI/s1.131"><num value="1.131">§1.131</num><heading>Fee for National Driver Register (NDR) Search</heading><content>(a) In accordance with Texas Transportation Code, §521.056(d) and 49 USC 30305, the required fee for a National Driver Register (NDR) Search request received on the department's prescribed form is $4.00 per request.(b) All requests will be reviewed for completeness and may be rejected for any of the reasons detailed in this subsection:(1) fee not submitted with request;(2) name and driver license number or name and date of birth do not match;(3) driver/operator signature and notarization not present;(4) failure to indicate whether driver/operator is a motor vehicle operator, locomotive railway operator, or pilot applicant;(5) failure to include employer name or address;(6) driver not licensed in Texas, as required, for motor vehicle operator or locomotive operator request;(7) completed form not legible;(8) more information needed to positively identify driver/operator; or(9) other reasons as necessary for inquiry or documentation purposes.(c) If a request is rejected, a "reject form" will be provided to the requesting employer with a copy of the original NDR request form.(d) The fee is required for each NDR request, whether an original request or "corrected" request.(e) Requests under the NDR on behalf of current or prospective employers of individuals employed or seeking employment as air carrier pilots or other authorized occupations will be processed in the same manner as that described for operators of motor vehicles or railway locomotive operators in Texas Transportation Code, §521.056, and in accordance with 49 USC 30305.</content><note type="source"><p>Source Note: The provisions of this §1.131 adopted to be effective March 25, 1999, 24 TexReg 2029; amended to be effective September 7, 2014, 39 TexReg 6872.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scJ"><num value="J">SUBCHAPTER J</num><heading>AIRCRAFT OPERATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scJ/s1.141"><num value="1.141">§1.141</num><heading>Aircraft Operation Regulations</heading><content>(a) Department of Public Safety aircraft shall be used only for official state business.(b) No person except department personnel may be transported unless specifically authorized by designated department personnel.(c) All aircraft shall be operated in compliance with all state and federal laws and all applicable federal, state, and department regulations.(d) The pilot shall have the sole responsibility for determining whether a flight is safe or not in terms of weather, condition of aircraft, and other relevant criteria known by the pilot at the time the decision is made.(e) All Department of Public Safety pilots are required to hold a current second class medical certificate.(f) Department pilots have blanket authorization to proceed immediately, if appropriate, to the scenes of major crimes, searches, jailbreaks, or disaster scenes, and to establish surveillance and communications and provide aerial support as the situation dictates.</content><note type="source"><p>Source Note: The provisions of this §1.141 adopted to be effective January 1, 1976; amended to be effective April 4, 1980, 5 TexReg 1148; amended to be effective June 10, 1987, 12 TexReg 1748; amended to be effective February 8, 1990, 15 TexReg 440.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scJ/s1.142"><num value="1.142">§1.142</num><heading>Aerial Support Programs</heading><content>The following are some programs in which the department may utilize an aircraft.(1) Law enforcement flights. Flights conducted in support of, but not limited to, the following public safety activities:(A) criminal;(B) traffic;(C) search and rescue;(D) medical and disaster; and(E) civil disturbances.(2) Administrative flights. Flights other than law enforcement flights, where the expeditious and economical movement of personnel and/or equipment is in the state's best interest. Such flights are as follows:(A) mail and passenger;(B) flight training;(C) aircraft maintenance;(D) Aircraft Pooling Board flights;(E) general transportation flights.</content><note type="source"><p>Source Note: The provisions of this §1.142 adopted to be effective January 1, 1976; amended to be effective February 8, 1990, 15 TexReg 440.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scJ/s1.143"><num value="1.143">§1.143</num><heading>Use of Unmanned Aircraft by a Law Enforcement Authority</heading><content>(a) General. Texas Government Code, §423.007 provides for the department to adopt rules and guidelines for use of an unmanned aircraft by a law enforcement authority in Texas.(b) Rules and Guidelines. Each law enforcement authority in Texas that uses unmanned aircraft shall comply with the Federal Aviation Administration minimum requirements for public aircraft operations. Information regarding public aircraft operations is available at: http://www.faa.gov/uas/.(c) Reporting by Agency. Not earlier than January 1 and not later than January 15 of each odd-numbered year, each state law enforcement agency and each county or municipal law enforcement agency located in a county or municipality, as applicable, with a population greater than 150,000, that used or operated an unmanned aircraft during the preceding 24 months shall issue a written report to the governor, the lieutenant governor, and each member of the legislature as provided by Texas Government Code, §423.008.</content><note type="source"><p>Source Note: The provisions of this §1.143 adopted to be effective March 16, 2014, 39 TexReg 1724; amended to be effective January 10, 2016, 41 TexReg 488.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scK"><num value="K">SUBCHAPTER K</num><heading>INSCRIPTION ON VEHICLES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scK/s1.151"><num value="1.151">§1.151</num><heading>Exemption of Inscription</heading><content>The director of the Texas Department of Public Safety is authorized to exempt certain vehicles from having printed on them the inscription set out in Texas Transportation Code, §721.002. In order to further law enforcement capabilities and effectively carry out administrative functions, the following vehicles are exempt from the requirement of having printed inscriptions:(1) vehicles primarily used for law enforcement and administrative purposes for which confidentiality is necessary; or(2) vehicles primarily used in areas where agency inscriptions would create an undue risk to department staff operating those vehicles as determined by the director.</content><note type="source"><p>Source Note: The provisions of this §1.151 adopted to be effective January 1, 1976; amended to be effective December 5, 1978, 3 TexReg 4089; amended to be effective January 1, 1980, 4 TexReg 4630; amended to be effective April 20, 1992, 17 TexReg 2404; amended to be effective June 29, 2000, 25 TexReg 6154; amended to be effective September 10, 2012, 37 TexReg 7188.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scL"><num value="L">SUBCHAPTER L</num><heading>PUBLIC SAFETY AT MASS GATHERINGS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.161"><num value="1.161">§1.161</num><heading>Control of Admission to Spectators</heading><content>(a) All admission tickets sold or offered for sale by the promoter, or by others acting in his behalf, will be serially numbered or otherwise coded in such a manner so as to be able to determine the days of admission and the number of people that have been admitted at any given time. The promoter will advise the issuing officer at the time of the hearing on the application of the number of tickets known or believed to have been sold and the anticipated number to be sold.(b) The promoter will certify to the sheriff or the issuing officer, upon request, the number of tickets known to have been sold at the time the request is made.(c) The promoter will grant admission to spectators only on the presentation of a valid ticket to the event, and each spectator will be required to present an individual ticket. The promoter will retain all tickets so presented, and will make them available for inspection by the sheriff of the county in which the mass gathering is being held, or by any other peace officer, at any time during the period of time for which the permit is granted, and for 10 days thereafter.</content><note type="source"><p>Source Note: The provisions of this §1.161 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.162"><num value="1.162">§1.162</num><heading>Adequate Parking Space Required</heading><content>An adequate parking space shall be provided for the parking of vehicles. The parking area shall be deemed adequate if it meets the following requirements.(1) Provides a parking space large enough to accommodate one four-wheeled vehicle for each four tickets sold.(2) The parking area shall be well drained and the surface of such consistency so as to provide for easy entry and exit during any type of weather conditions.</content><note type="source"><p>Source Note: The provisions of this §1.162 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.163"><num value="1.163">§1.163</num><heading>Camping Area</heading><content>Any area provided by the promoter as a camping area for the benefit of paying spectators shall be separated from the entertainment area and the area provided for the parking of vehicles by a distance of at least 1,000 feet. No overnight camping will be permitted in the area designated for the parking of vehicles.</content><note type="source"><p>Source Note: The provisions of this §1.163 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.164"><num value="1.164">§1.164</num><heading>Adequate Lighting</heading><content>Provisions shall be made to light adequately the entire area provided for the occupancy of spectators. The required lighting shall be deemed adequate if it is sufficient to make clearly recognizable the features of any person within the area provided for the occupancy of spectators by an observer 50 feet from that person, and if the required illumination may be turned on by the operation of not more than two devices.</content><note type="source"><p>Source Note: The provisions of this §1.164 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.165"><num value="1.165">§1.165</num><heading>Access by Emergency Vehicles</heading><content>The promoter will at all times during the time for which the permit is issued maintain a clear and unobstructed access route through the area under his control for the use of emergency vehicles attempting to reach any platform, stage, bandstand, grandstand, or other seating facility, concession stand, or parking area.</content><note type="source"><p>Source Note: The provisions of this §1.165 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.166"><num value="1.166">§1.166</num><heading>Access to Facility Without Undue Delay</heading><content>(a) The promoter will plan, construct or otherwise make provisions necessary to assure that spectators or others seeking admittance to the facility under his control at which the mass gathering is to be held may enter the facility without impeding the progress of those who follow to the extent that exit from any federal, state, or county highway giving access to the facility is delayed in any manner.(b) This section is to be interpreted to mean that it is the responsibility of the promoter to expedite, by any necessary means, the flow of traffic into the facility he provides to the extent that persons seeking admission will not be delayed to the extent that their presence will interfere with the normal movement of traffic on adjacent public streets or highways.</content><note type="source"><p>Source Note: The provisions of this §1.166 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.167"><num value="1.167">§1.167</num><heading>Construction of Public Facilities</heading><content>Any platform, bandstand, stage, grandstand, or other facility upon which people may assemble to make music, dance, or otherwise entertain or sit or stand as spectators shall be constructed in such a manner as to safely support the weight of the maximum number of people who are able to assemble thereon.</content><note type="source"><p>Source Note: The provisions of this §1.167 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.168"><num value="1.168">§1.168</num><heading>Preservation of Order</heading><content>The promoter will be responsible for and will be held accountable for preserving order within the confines of the area designated in the permit application.</content><note type="source"><p>Source Note: The provisions of this §1.168 adopted to be effective May 5, 1976, 1 TexReg 1254.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scL/s1.169"><num value="1.169">§1.169</num><heading>Promoter To Be Available at All Times</heading><content>The promoter or a representative designated by him in his permit application will be present and available on the grounds at all times during the period for which the permit is issued and until all those in attendance have departed the area. The permit application shall specify a location on the grounds at which the promoter or his designated representative may be located within undue delay.</content><note type="source"><p>Source Note: The provisions of this §1.169 adopted to be effective May 5. 1976, 1 TexReg 1254.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scM"><num value="M">SUBCHAPTER M</num><heading>DISPOSITION OF FEES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scM/s1.181"><num value="1.181">§1.181</num><heading>Refunds</heading><content>(a) Money paid by mistake of fact or mistake of law or in excess of a required fee or charge which is deposited by the Department of Public Safety into the state treasury will not entitle a payor to an automatic refund.(b) Only amounts in excess of $5.00 will be automatically refunded. Amounts of $5.00 or less will be refunded by the department if the payor makes a request for refund in writing within 90 calendar days from the date of deposit.</content><note type="source"><p>Source Note: The provisions of this §1.181 adopted to be effective July 21, 1982, 7 TexReg 2590; amended to be effective October 17, 1985, 10 TexReg 3850.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scN"><num value="N">SUBCHAPTER N</num><heading>EMERGENCY AND PURSUIT OPERATIONS WITHOUT USE OF EMERGENCY WARNING DEVICES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scN/s1.191"><num value="1.191">§1.191</num><heading>Emergency Vehicle Operation</heading><content>(a) The Texas Department of Public Safety complies with Texas Transportation Code, §546.004, requirements that promulgate exceptions to the operation of an authorized emergency vehicle that is used for law enforcement purposes. The exceptions relate to operation without the use of audible and visual warning devices.(b) In deciding not to operate the emergency lights or siren in compliance with the provisions of Texas Transportation Code, §546.004, the driver of the emergency vehicle should give consideration to the safety of others.</content><note type="source"><p>Source Note: The provisions of this §1.191 adopted to be effective May 10, 1983, 8 TexReg 1411; amended to be effective January 13, 1988, 13 TexReg 57; amended to be effective May 12, 2003, 28 TexReg 3827.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scO"><num value="O">SUBCHAPTER O</num><heading>ENTRUSTED PROPERTIES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scO/s1.201"><num value="1.201">§1.201</num><heading>Handling and Disposition of Entrusted Properties</heading><content>Police power to seize the personal property of citizens is the exercise of authority that should never be taken lightly or capriciously. Citizens are ordinarily under no obligation to prove ownership of any property found in their possession. Conversely, the burden is upon the officer to prove that property is not legally in possession of a citizen. Unless investigation can establish otherwise, it should be presumed that property found in the possession of any citizen is that citizen's property and, if such property is seized for any reason, the citizen is entitled to recover that property when there is no longer a bona fide reason for the department to retain it. (This policy includes weapons; it excludes any contraband.) It is, therefore, the policy of this department to seize and impound property only when a legitimate need so requires and to retain such property only so long as that need is served.</content><note type="source"><p>Source Note: The provisions of this §1.201 adopted to be effective December 7, 1983, 8 TexReg 4859.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scP"><num value="P">SUBCHAPTER P</num><heading>DISHONORED PAYMENT DEVICE FEE</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scP/s1.211"><num value="1.211">§1.211</num><heading>Dishonored Payment Device Fee</heading><content>(a) When used in this rule, the term "dishonored payment device" is defined as a check, draft, order, electronic funds transfer or other instrument that is not honored upon presentment for reasons including, but not limited to, the account upon which the device has been drawn or made does not exist, is closed or does not have sufficient funds or credit for payment of the device in full.(b) A fee of $30 will be assessed on each dishonored payment device returned to the Texas Department of Public Safety.(c) Any payment made will first be applied to the dishonored payment device fee and the remainder will be applied to the underlying charge or fee.</content><note type="source"><p>Source Note: The provisions of this §1.211 adopted to be effective May 15, 1987, 12 TexReg 1452; amended to be effective May 12, 2003, 28 TexReg 3828; amended to be effective September 23, 2008, 33 TexReg 8032.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scQ"><num value="Q">SUBCHAPTER Q</num><heading>BUSINESS LICENSES AND PERMITS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scQ/s1.221"><num value="1.221">§1.221</num><heading>Notices to Applicants; Processing Times; Appeals</heading><content>(a) For each applicant for any license or other authorization listed in this subsection, the department shall issue a written notice informing each applicant either that the application is complete and accepted for filing, or that it is deficient. If the application is deficient, the notice shall set out the specific additional information that is required. The department shall issue the notice to the applicant within the period indicated for the following licenses or other authorizations granted by the department:(1) controlled substances registration--45 days;(2) vehicle inspection station licenses--30 days.(b) For timely filed renewal applications, no notice will be issued to the applicant if the application is complete and accepted for filing, since the existing license or other authorization remains in effect until the department has made a final determination of the application.(c) The department shall determine whether to deny or issue the license or other authorization within the following periods after a complete application has been filed:(1) controlled substances registration--60 days;(2) vehicle inspection station licenses--45 days.(d) The time limits provided in subsection (c) of this section shall not apply to a decision made following an administrative hearing held after a denial of an application.(e) An applicant may appeal to the director of the department for a timely resolution of any dispute arising from a violation of a period set forth in subsection (c) of this section for issuance or denial of a license or other authorization listed therein. An applicant shall perfect an appeal by filing a written request therefor addressed to the director, requesting review of the application to determine whether the department exceeded its established period for issuance or denial of the license. The director shall dismiss as untimely any such appeal filed more than 30 days after the department has notified the applicant that an application has been approved or denied. The director may require the department to show why the appeal should not be decided in the applicant's favor. The director shall base his decision upon the written appeal of the applicant, together with any required response by the department and shall issue a written decision to the applicant within 30 days of the filing of the appeal. An appeal under this section shall not be considered a contested case for the purpose of Texas Civil Statutes, Article 6252-13a.(f) The director shall decide the appeal in the applicant's favor if the director determines the department exceeded its established period for issuance or denial of the license or other authorization, and the department failed to establish good cause for exceeding the period. If an appeal is decided in an applicant's favor, an applicant is entitled to full reimbursement of all fees which relate to and which were remitted with the license application.</content><note type="source"><p>Source Note: The provisions of this §1.221 adopted to be effective February 24, 1988, 13 TexReg 800; amended to be effective March 2, 1989, 14 TexReg 900; amended to be effective November 9, 1989, 14 TexReg 5735.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scR"><num value="R">SUBCHAPTER R</num><heading>ACCOUNTING PROCEDURES</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scR/s1.232"><num value="1.232">§1.232</num><heading>Collection of Debts</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Attorney general--The Office of the Attorney General of Texas.(2) Debtor--Any person liable for an obligation owed to the department or against whom a claim or demand for payment has been made.(3) Delinquent--Payment is past due by law or by customary business practice, and all conditions precedent to payment have occurred or been performed.(4) Department--The Texas Department of Public Safety.(5) District--A subdivision of the department responsible for the day-to-day operations of the department in a specific geographically defined area.(6) Division--An organizational unit in the department's Austin headquarters. The term includes an organizational unit that is designated as an office.(7) Obligation--A debt, judgment, claim, account, fee, fine, tax, penalty, interest, loan, or charge.(8) Person--An individual, corporation, organization, business trust, estate, trust, partnership, association, and any other legal entity.(9) Security--Any right to have property owned by an entity with an obligation to the department sold or forfeited in satisfaction of the obligation, and any instrument granting a cause of action in favor of the department against another entity or that entity's property, such as bond, letter of credit, or other collateral that has been pledged to the department to secure an obligation.(b) Collection from contractors. If an obligation of a contractor of the department is delinquent and the department owes payment to that contractor, the department will subtract the amount of the obligation from the payment if practical.(c) Notification of obligation and demand letters.(1) The division responsible for determining that an obligation is owed to the department will send to the debtor written notice of the obligation that contains the amount owed and the date payment is due.(2) If no satisfactory response is received within 30 days after the date the first notice is sent under paragraph (1) of this subsection, the obligation becomes delinquent on the 31st day after the date that notice is sent. The division will send a second demand letter not later than the 30th day after the date on which the obligation becomes delinquent.(3) The second demand letter will include a deadline by which the debtor must respond and, if the department determines in accordance with subsection (e) of this section that the obligation should be referred to the attorney general, a statement that the obligation, if not paid, will be referred to the attorney general.(4) Each demand letter will set forth the nature and amount of the obligation owed to the department and will be mailed by first class United States mail, in an envelope bearing the notation "address correction requested." If an address correction is provided by the United States Postal Service, the division or district will resend the demand letter to that address prior to referral to the attorney general.(d) Records. The department will retain records of a delinquent obligation. A record shall contain documentation of the following information:(1) the identity of each person liable on all or any part of the obligation;(2) the physical address of the debtor's place of business;(3) the physical address of the debtor's residence, where applicable;(4) a post office box address where it is impractical to obtain a physical address, or when the post office box address is in addition to a correct physical address;(5) attempted contacts with the debtor;(6) the substance of communications with the debtor;(7) efforts to locate the debtor and the assets of the debtor;(8) notices of bankruptcy, proofs of claim, dismissals and discharge orders received from the United States bankruptcy courts; and(9) other information relevant to collection of the delinquent account.(e) Referrals of a delinquent obligation to the attorney general.(1) Prior to referral of a delinquent obligation greater than $2,500 to the attorney general, the department will:(A) verify the debtor's address and telephone number;(B) send a first and second demand letter to the debtor in accordance with subsection (c) of this section;(C) verify that the obligation is not considered uncollectible under paragraph (2) of this subsection;(D) prepare and file a proof of claim in the case of a bankruptcy unless the department is represented by the attorney general; and(E) file a claim in the probate proceeding if the debtor is deceased unless the department is represented by the attorney general.(2) The department will consider a delinquent obligation uncollectible and will make no further effort to collect if the obligation:(A) has been dismissed or discharged in bankruptcy;(B) is subject to an applicable limitations provision that would prevent collection as a matter of law;(C) is owed by a corporation which has been dissolved, is in liquidation under Chapter 7 of the United States Bankruptcy Code, has forfeited its corporate privileges or charter, or, in the case of a foreign corporation, had its certificate of authority revoked unless circumstances indicate that the account is nonetheless collectible or that fraud was involved;(D) is owed by an individual who is located out-of-state, or outside the United States, unless a determination is made that the domestication of a Texas judgment in the foreign forum would more likely than not result in collection of the obligation, or that the expenditure of department funds to retain foreign counsel to domesticate the judgment and proceed with collection attempts is justified;(E) is owed by a debtor who is deceased, where probate proceeding have concluded, and where there are no remaining assets available for distribution; or(F) is owed by a debtor whose circumstances demonstrate a permanent inability to pay or make payments toward the obligation.(3) In making a determination of whether to refer a delinquent obligation to the attorney general, no later than 120 days after the second demand letter is sent, the department will consider:(A) the expense of further collection procedures;(B) the size of the debt;(C) the existence of any security;(D) the likelihood of collection through passive means such as the filing of a lien;(E) the availability of resources to collect the obligation; and(F) policy reasons or other good cause.(4) The department will refer a delinquent obligation to the attorney general for further collection efforts if the department determines in accordance with this subsection that the delinquent obligation should be referred.(f) Supplemental and alternative collection procedures.(1) Liens. The department, unless represented by the attorney general, will record a lien securing the delinquent obligation in the appropriate records of the county where the debtor's principal place of business, or, where appropriate, the debtor's residence, is located or in such county as may be required by law as soon as is practicable. Unless the delinquent obligation has been paid in full, any lien securing the indebtedness may not be released without the approval of the attorney representing the department after the matter has been referred to the attorney general.(2) Warrants. The department will utilize the "warrant hold" procedures of the Comptroller of Public Accounts authorized by Texas Government Code, §403.055, to ensure that no treasury warrants are issued to debtors until the debt is paid.</content><note type="source"><p>Source Note: The provisions of this §1.232 adopted to be effective May 19, 2010, 35 TexReg 3846.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scR/s1.233"><num value="1.233">§1.233</num><heading>Charges for Dishonored Checks</heading><content>(a) Purpose. Texas Business and Commerce, §3.506, authorizes the holder of a dishonored check seeking collection of the face value of the check to charge the drawer or endorser of the check a reasonable processing fee, not to exceed $30. This section prescribes policies and procedures for the processing of dishonored checks made payable to the department and the collection of fees because of the dishonor of a check made payable to the department.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Department--The Texas Department of Public Safety.(2) Dishonored check--A check, draft, order, or other instrument that is drawn or made upon a bank or other financial institution, and that is not honored upon presentment because the account upon which the instrument has been drawn or made does not exist or is closed, or does not have sufficient funds or credit for payment of the instrument in full.(c) Processing of dishonored checks. Upon receipt of notice from a bank or other financial institution of refusal to honor a check made payable to the department, the department will process the returned check using the following procedures:(1) The department will send a written notice by certified mail, return receipt requested, to the drawer or endorser at the drawer or endorser's address as shown on:(A) the dishonored check;(B) the records of the bank or other financial institution; or(C) the records of the department.(2) The written notice will notify the drawer or endorser of the dishonored check and will request immediate payment of the face amount of the check and a $30 processing fee. The written notice will also contain the statement required by Texas Penal Code, §32.41(c)(3).(3) The face amount of the check and the processing fee must be paid to the department with a cashier's check or money order, made payable to the Texas Department of Public Safety.(4) If payment is not received within 31 days after the date of receipt of the notice, the obligation will be considered delinquent and will be processed in accordance with §1.232 of this title (relating to Collection of Debts).(d) Supplemental collection procedures. In addition to the procedures described in §1.232 of this title, the department may notify appropriate credit bureaus or agencies if the drawer or endorser fails to pay the face amount of a dishonored check and the processing fee, or may refer the matter for criminal prosecution.</content><note type="source"><p>Source Note: The provisions of this §1.233 adopted to be effective May 19, 2010, 35 TexReg 3846.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scS"><num value="S">SUBCHAPTER S</num><heading>ELECTRONIC FUNDS TRANSFERS</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scS/s1.241"><num value="1.241">§1.241</num><heading>Electronic Funds Transfer for Payments</heading><content>If during the preceding year a person paid the department a total of $250,000 or more in a category of payments and the department reasonably anticipates that during the current state fiscal year the person will pay the department $250,000 or more in a category of payments, the person is required to transfer payment amounts of $10,000 or more due the department by one or more of the means of electronic funds transfer approved by the state treasurer.</content><note type="source"><p>Source Note: The provisions of this §1.241 adopted to be effective August 11, 1992, 17 TexReg 5292.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scT"><num value="T">SUBCHAPTER T</num><heading>DISPOSITION OF FORFEITED ASSET</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scT/s1.251"><num value="1.251">§1.251</num><heading>Public Safety Commission Approval of Disposition of a Forfeited Asset</heading><content>(a) The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Asset - refers to currency, a negotiable instrument, real property, tangible property, or other non-tangible property forfeited to the department under state or federal law. The term does not include controlled substance property or other contraband summarily forfeited or destroyed by the department under Health and Safety Code, Chapters 481-485.(2) Disposition - refers to the use, transfer, sale, expenditure, or other disposition of an asset.(b) Except as provided by Subsections (f) and (g) of this section, the department shall obtain commission approval of a proposed asset disposition.(c) If the intended disposition involves an asset other than tangible property, the director or his designee shall submit a written request to the commission for approval.(d) The written request shall include a description of the asset and its intended use.(e) Before approving the disposition, the commission shall consider:(1) how the disposition supports priorities established by the legislature in the department's strategic plan; and(2) whether the disposition complies with applicable state and federal guidelines.(f) The commission, by this rule, delegates to each major division chief its authority to approve the disposition of a forfeited asset that is tangible property.(g) An annual report will be submitted to the commission detailing the disposition of all assets that are tangible property. This report shall include a statement of:(1) how the disposition supports priorities established by the legislature in the department's strategic plan; and(2) whether the disposition complies with applicable state and federal guidelines.</content><note type="source"><p>Source Note: The provisions of this §1.251 adopted to be effective May 10, 2000, 25 TexReg 4189.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scU"><num value="U">SUBCHAPTER U</num><heading>CONTRACTING</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scU/s1.261"><num value="1.261">§1.261</num><heading>Historically Underutilized Businesses (HUB)</heading><content>As required by §2161.003 of the Texas Government Code and to the extent applicable, the Texas Department of Public Safety adopts by reference the Historically Underutilized Businesses rules of the Comptroller of Public Accounts ("Comptroller"), including any subsequent changes the Comptroller adopts. The rules may be found at 34 TAC §§20.281 - 20.298.</content><note type="source"><p>Source Note: The provisions of this §1.261 adopted to be effective August 10, 2008, 33 TexReg 6146; amended to be effective July 5, 2017, 42 TexReg 3408.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scU/s1.262"><num value="1.262">§1.262</num><heading>Enhanced Contract Monitoring by Contract Review Board</heading><content>(a) The commission authorized the creation of a contract review board to review contracts entered by the department. The contract review board is chaired by the assistant director of the administration division, has a representative from each of the department's divisions, and has a member from the commission that serves on the contract review board as a liaison to the commission. The contract review board maintains an executive committee to review procurements and contracts that may be high risk at their inception.(b) The contract review board reviews the contracts as detailed in this subsection:(1) contracts that are over one million dollars in value; and(2) contracts that constitute high risk to the department based on the criteria of the contract monitoring program or as determined by the contract review board, executive committee of the contract review board, or the commission.(c) All procurements and contracts that meet the threshold of review by the contract review board or the executive committee of the contract review board will be considered to require enhanced contract or performance monitoring.(d) Performance monitoring reports will be submitted to the commission by the assistant director of the administration division.(e) Any member of the contract review board or the procurement director may recommend or report risk concerns to the assistant director for reporting to the commission.</content><note type="source"><p>Source Note: The provisions of this §1.262 adopted to be effective January 10, 2016, 41 TexReg 489.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scU/s1.263"><num value="1.263">§1.263</num><heading>Contract Monitoring Program Risk Assessment</heading><content>The department has established a contract monitoring program within the Administration division. The contract monitoring program identifies each contract that requires enhanced contract or performance monitoring by conducting an initial risk assessment based on the factors, detailed in this section, consistent with the guidelines in the Texas Contract Management Guide, as applicable to the contract:(1) Total contract value;(2) Total contract duration;(3) User involvement;(4) Criticality of deliverables;(5) Contract failure impact;(6) Vendor experience;(7) Availability of department resources for contract management;(8) Business process impact;(9) End users' training needs;(10) Software technology customization;(11) Impact on existing application or infrastructure;(12) Interface connectivity;(13) Complexity of contract; and(14) Payment methodology.</content><note type="source"><p>Source Note: The provisions of this §1.263 adopted to be effective January 10, 2016, 41 TexReg 489.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scU/s1.264"><num value="1.264">§1.264</num><heading>Procedures for Vendor Protests of Procurements</heading><content>(a) Definitions.(1) Working days--Monday through Friday, except national and state holidays as defined by Texas Government Code, §662.003. When counting working days, do not count the day of the act or event after which the ten-day period of time begins to run. The last day of the ten-day period is included in the count, unless the last day is a Saturday, Sunday, national holiday or state holiday, in which event the ten-day period runs until the end of the next day which is not a Saturday, Sunday, national holiday or state holiday.(2) Interested parties--All contractors who have submitted bids, offers, responses or proposals for the contract at issue.(b) Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract, may formally protest to the chief of the Infrastructure Operations division. Such protests must be in writing, addressed to the chief of the Infrastructure Operations division and filed within ten working days after such aggrieved person knows, or should have known, of the occurrence of the action which is protested. A protest is considered filed when received by the chief of the Infrastructure Operations division. Formal protests must conform to the requirements herein and shall be resolved in accordance with the procedure set forth herein. Copies of the protest must be mailed or delivered by the protesting party to all other identifiable interested parties.(c) In the event of a timely protest under this section, the department shall not proceed further with the solicitation or award of the contract unless the director, after consultation with the end user, deputy director, and the chief of the Infrastructure Operations division makes a written determination that the award of contract without delay is necessary to protect the best interests of the state.(d) A formal protest must be sworn and notarized and must contain:(1) the name and address of the protestor;(2) appropriate identification of the procurement;(3) a specific identification of the statutory or regulatory provision(s) that the action complained of is alleged to have violated;(4) a specific description of each act alleged to have violated the statutory or regulatory provision(s) identified in paragraph (3) of this subsection;(5) a precise statement of the relevant facts regarding the alleged violation of the statutory or regulatory provision(s) identified in paragraph (3) of this subsection;(6) an identification of the issue or issues to be resolved regarding the alleged violation of the statutory or regulatory provision(s) identified in paragraph (3) of this subsection;(7) supporting exhibits, evidence or documents to substantiate the alleged violation of the statutory or regulatory provision(s) identified in paragraph (3) of this subsection, unless not available at the time of filing, in which case the expected availability date shall be indicated;(8) arguments and authorities in support of the protest; and(9) an affidavit which affirms that the contents of the protest are true and accurate and that copies of the protest have been mailed or delivered to other identifiable interested parties.(e) The department will maintain all documentation regarding the purchase in accordance with the department's applicable records retention schedule.(f) The chief of Infrastructure Operations shall have the authority, prior to appeal to the director, to settle and resolve a protest concerning the solicitation or award of a contract. The chief may solicit written responses to the protest from other interested parties.(g) If the protest is not resolved by mutual agreement, the chief will issue a written determination on the protest after conferring with the deputy director.(1) If the chief determines that no violation of rules or statutes has occurred, the chief shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination.(2) If the chief determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, the chief shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination and the appropriate remedial action.(3) If the chief determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, the chief shall so inform the protesting party and other interested parties by letter which sets forth the reasons for the determination, which may include ordering the contract void.(h) The chief's determination on a protest may be appealed by the protesting party to the director. The appeal shall be limited to review of the chief's determination. Copies of the appeal must be mailed or delivered by the appealing party to the other interested parties and must contain an affidavit that such copies have been provided. An appeal of the chief's determination must be in writing and must be received in the director's office no later than ten working days after the protestor's receipt of the chief, Infrastructure Operation's determination. The protestor is deemed to have received the chief's determination upon the earliest of the following:(1) when delivered in hand and a receipt granted;(2) three days after it is deposited in the United States mail by regular mail; or(3) at the time it is sent via electronic mail or facsimile.(i) The director may confer with the general counsel in their review of the matter appealed. The director may, in their discretion, refer the matter to the commission for its consideration at a regularly scheduled open meeting or issue a written decision on the protest. A decision issued either by the commission in open meeting or in writing by the director shall be the final administrative action of the department.(j) When a protest has been appealed to the director under subsection (h) of this section and has been referred to the commission by the director under subsection (i) of this section, the requirements detailed in this subsection shall apply:(1) The director's office shall mail copies of the appeal and responses of interested parties, if any, to the commissioners.(2) All interested parties who wish to make an oral presentation at the open meeting shall notify the director at least 48 hours in advance of the open meeting.(3) The commission may consider oral presentations and written documents presented by staff and interested parties. The chairman of the commission shall set the order and amount of time allowed for presentations.(4) The commission's determination of the appeal shall be by duly adopted resolution reflected in the minutes of the open meeting and shall be final.(k) Unless good cause for delay is shown or the department determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not timely filed will not be considered.</content><note type="source"><p>Source Note: The provisions of this §1.264 adopted to be effective January 10, 2016, 41 TexReg 489; amended to be effective December 29, 2019, 44 TexReg 8023.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scU/s1.265"><num value="1.265">§1.265</num><heading>Buy America Requirements for Iron and Steel Used in Construction</heading><content>The department will comply with Texas Government Code Chapter 2252, Subchapter F, Certain Construction and Installation Projects.</content><note type="source"><p>Source Note: The provisions of this §1.265 adopted to be effective July 30, 2018, 43 TexReg 4991.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scV"><num value="V">SUBCHAPTER V</num><heading>DEPARTMENT FLEET VEHICLE MANAGEMENT PROGRAM</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scV/s1.271"><num value="1.271">§1.271</num><heading>Department Fleet Vehicle Management Program</heading><content>(a) State Vehicle Management Plan. To the extent applicable, the department adopts the State Vehicle Management Plan as adopted by the Office of Vehicle Fleet Management of the General Services Commission as mandated by Texas Government Code, Chapter 2171. Specifically, the department will follow the data collection and reporting requirements for vehicles used for law enforcement purposes, including black and white pursuit vehicles as specified in Chapter 5 and Appendix A of the Plan, unless otherwise excepted by the Office of Vehicle Fleet Management due to security concerns. However, the department is exempt from all other plan requirements.(b) Restrictions on Assignment of Vehicles. Compliance with the following statutorily mandated policies is required by Texas Government Code, §2171.1045.(1) each department vehicle, with the exception of a vehicle assigned to a field employee, is to be assigned to the department motor pool and be available for check-out; and(2) the department may assign a vehicle to an individual administrative or executive employee on a regular or everyday basis only if the department makes a written determination that the assignment is critical to the needs and mission of the department.</content><note type="source"><p>Source Note: The provisions of this §1.271 adopted to be effective May 1, 2001, 26 TexReg 3220.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scW"><num value="W">SUBCHAPTER W</num><heading>NEGOTIATED RULEMAKING POLICY</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scW/s1.281"><num value="1.281">§1.281</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context shall clearly indicate otherwise.(1) Act--The Negotiated Rulemaking Act, Texas Government Code, Chapter 2008.(2) Commission--The Public Safety Commission.(3) Department--The Texas Department of Public Safety.</content><note type="source"><p>Source Note: The provisions of this §1.281 adopted to be effective December 27, 2010, 35 TexReg 11708.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scW/s1.282"><num value="1.282">§1.282</num><heading>Statement of Policy</heading><content>(a) It is the policy of the commission and the department to encourage public participation in the rulemaking process when appropriate. When the commission finds that rules to be drafted are likely to be complex, or controversial, or to affect disparate groups, public participation through negotiated rulemaking may be proposed.(b) If the commission determines that negotiated rulemaking is appropriate, the commission may elect to develop a draft rule either through an informal negotiated rulemaking process or through a formal negotiated rulemaking process.(c) The commission may consider engaging in formal negotiated rulemaking when it is likely that a negotiated rulemaking committee will reach a consensus on a draft rule in a timely manner. The commission will also consider the factors specified in the Act, when deciding whether to pursue formal negotiated rulemaking.(d) If the commission determines that formal negotiated rulemaking is not feasible or appropriate, but the commission determines that public participation would be valuable, the commission may engage in informal negotiated rulemaking procedures.</content><note type="source"><p>Source Note: The provisions of this §1.282 adopted to be effective December 27, 2010, 35 TexReg 11708.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scW/s1.283"><num value="1.283">§1.283</num><heading>Procedures</heading><content>(a) Formal negotiated rulemaking procedures. When the commission proposes to engage in formal negotiated rulemaking, the commission and the department shall follow the negotiated rulemaking process and procedures described in the Act.(b) Informal negotiated rulemaking procedures. When the commission proposes to engage in informal negotiated rulemaking, the commission may identify persons likely to be affected or interested and invite them to participate in an informal and advisory public process for the development of a draft rule. Types of informal negotiated rulemaking processes that may be utilized on an advisory basis may include:(1) appointing working groups;(2) appointing advisory committees; or(3) holding public meetings.</content><note type="source"><p>Source Note: The provisions of this §1.283 adopted to be effective December 27, 2010, 35 TexReg 11708.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c1/scW/s1.284"><num value="1.284">§1.284</num><heading>Designation of Trained Person</heading><content>As provided by Texas Government Code, §411.0044, the commission shall periodically designate a trained person who will:(1) coordinate the implementation of the commission's negotiated rulemaking policy;(2) serve as a resource for any training needed to implement procedures for negotiated rulemaking; and(3) collect data concerning the effectiveness of those procedures, as implemented by the commission and the department.</content><note type="source"><p>Source Note: The provisions of this §1.284 adopted to be effective December 27, 2010, 35 TexReg 11708.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c1/scX"><num value="X">SUBCHAPTER X</num><heading>TECHNOLOGY POLICY</heading><section identifier="/us/state/tx/tac/t37/p1/c1/scX/s1.291"><num value="1.291">§1.291</num><heading>Technology Policy</heading><content>As provided under Texas Government Code, §411.0043, the department shall use appropriate technological solutions to improve the department's ability to perform its functions. Technological solutions shall, where appropriate, ensure that the public is able to interact with the department on the internet.</content><note type="source"><p>Source Note: The provisions of this §1.291 adopted to be effective January 9, 2011, 35 TexReg 11943.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c2"><num value="2">CHAPTER 2</num><heading>CAPITOL ACCESS PASS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c2/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.1"><num value="2.1">§2.1</num><heading>Definitions</heading><content>In this chapter, and unless otherwise defined in this section, all terms are defined by Government Code, §411.171 and §6.1 of this title (relating to Definitions).(1) Capitol access pass (pass)--The authorization granted by the Texas Department of Public Safety allowing a person to enter the Texas State Capitol building and the Capitol Extension, including any public space in the Capitol or Capitol Extension, in the same manner as the department allows entry to a person who presents a license to carry a handgun issued under Government Code, Chapter 411, Subchapter H.(2) License to carry a handgun--The license issued under Government Code, Chapter 411, Subchapter H.(3) Department--The Texas Department of Public Safety.(4) Pass holder--A person to whom a Capitol access pass has been issued.</content><note type="source"><p>Source Note: The provisions of this §2.1 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.2"><num value="2.2">§2.2</num><heading>Eligibility</heading><content>To be eligible for a Capitol access pass, a person must be a resident of this state and must otherwise meet all eligibility requirements applicable to a license to carry a handgun under Government Code, §411.172.</content><note type="source"><p>Source Note: The provisions of this §2.2 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.3"><num value="2.3">§2.3</num><heading>Application Procedure, Required Materials and Fee</heading><content>(a) Applications must include the materials described in Government Code, §411.174, and §6.12 of this title (relating to Application Procedure and Required Materials), with the exceptions that:(1) the application fee is $40;(2) evidence of handgun proficiency is not required;(3) the provisions regarding non-residents are not applicable; and(4) application materials may only be submitted electronically through the department's approved vendor or as otherwise determined by the department.(b) Applicants must provide proof of residency in the form of valid Texas driver license or Texas identification card. The address on file for the driver license or identification card must be current, or the application will be considered deficient under §2.7(b) of this title (relating to Application Review and Background Investigation).(c) The application fee is nonrefundable.</content><note type="source"><p>Source Note: The provisions of this §2.3 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective March 15, 2018, 43 TexReg 1444.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.4"><num value="2.4">§2.4</num><heading>Method of Payment</heading><content>(a) Payment of the application fee must be made electronically by a department-approved credit/debit card, in the manner determined by the department.(b) Should a pass be issued prior to notification of a declined or unauthorized payment, and proper payment (including an additional $30 processing fee) is not made within 30 days of notification, revocation proceedings will be initiated under §2.11(c) of this title (relating to Suspension and Revocation).</content><note type="source"><p>Source Note: The provisions of this §2.4 adopted to be effective November 13, 2011, 36 TexReg 7557.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.5"><num value="2.5">§2.5</num><heading>Address on File</heading><content>(a) All pass holders or applicants shall at all times maintain on file with the department a current electronic mail address and physical mailing address.(b) All pass holders shall notify the department of any change to their addresses on file by completing the change of address on the program's website or as otherwise provided by the department prior to the effective date of the change of address.</content><note type="source"><p>Source Note: The provisions of this §2.5 adopted to be effective November 13, 2011, 36 TexReg 7557.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.6"><num value="2.6">§2.6</num><heading>Notice</heading><content>(a) The department is entitled to rely on the physical mailing address and the electronic mail address currently on file for all purposes relating to notification. The failure to maintain current addresses with the department is not a defense to any action based on the pass holder's or applicant's failure to respond.(b) Service of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and three days following the date sent, if notice is sent by regular United States mail.(c) Notifications by the department may be by facsimile transmission, electronic mail, regular U.S. mail, certified mail, return receipt requested, or hand-delivery, at the discretion of the department.</content><note type="source"><p>Source Note: The provisions of this §2.6 adopted to be effective November 13, 2011, 36 TexReg 7557.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.7"><num value="2.7">§2.7</num><heading>Application Review and Background Investigation</heading><content>(a) The review of an application for a Capitol access pass, and the background check of the applicant, will be based on a comparison of the eligibility criteria for a license to carry a handgun and the criminal history information available to the department. The statutory deadlines provided in Government Code, Chapter 411, Subchapter H, relating to the processing such applications, are not applicable.(b) If an application is found to be deficient, the department will notify the applicant of the deficiency. The applicant will have 30 days from the date of the notice of deficiency to amend the application. After this period has expired, the application will be terminated.</content><note type="source"><p>Source Note: The provisions of this §2.7 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.8"><num value="2.8">§2.8</num><heading>Expiration</heading><content>A Capitol access pass expires on the second anniversary of the date of issuance. An expired pass may not be renewed. A new application is required if the pass is not renewed prior to expiration.</content><note type="source"><p>Source Note: The provisions of this §2.8 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective July 7, 2016, 41 TexReg 4862; amended to be effective March 5, 2020, 45 TexReg 1440.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.9"><num value="2.9">§2.9</num><heading>Renewal</heading><content>The Capitol access pass may be renewed at any time during the six months prior to expiration by submitting the required fee of $40.</content><note type="source"><p>Source Note: The provisions of this §2.9 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective March 15, 2018, 43 TexReg 1444.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.10"><num value="2.10">§2.10</num><heading>Issuance or Denial</heading><content>(a) Upon completion of the department's review of the application and the applicant's background, the pass will either be issued or the applicant will be notified in writing that the application has been denied.(b) The appeal of a denial is governed by §2.12 of this title (relating to Informal Review of Denials, Suspensions or Revocations based on Criminal History Disqualifiers).</content><note type="source"><p>Source Note: The provisions of this §2.10 adopted to be effective November 13, 2011, 36 TexReg 7557.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.11"><num value="2.11">§2.11</num><heading>Suspension and Revocation</heading><content>(a) A Capitol access pass shall be suspended upon notification of the department that a basis for suspension exists, as provided in Government Code, §411.187. The bases provided in §411.187(a)(3) or (4) are not applicable to the pass.(b) A Capitol access pass shall be revoked upon notification of the department that a basis for revocation exists, as provided in Government Code, §411.186.(c) A pass shall be revoked if the application fee is subsequently dishonored, reversed, or determined to be insufficient, if the pass holder fails to submit valid payment in the amount of the fee and an additional $30 processing fee within 30 days of being notified by the department that the fee was dishonored, reversed, or insufficient. A new application may be submitted at any time following a revocation under this subsection. This subsection operates in lieu of Government Code, §411.186(a)(6).</content><note type="source"><p>Source Note: The provisions of this §2.11 adopted to be effective November 13, 2011, 36 TexReg 7557.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.12"><num value="2.12">§2.12</num><heading>Informal Review of Denials, Suspensions or Revocations Based on Criminal History Disqualifiers</heading><content>(a) A person whose application for a Capitol access pass is denied, or whose pass is suspended or revoked, based on a criminal history disqualifier, may request an informal review by department staff by submitting to the department a written request for the review in compliance with subsection (b) of this section.(b) A written request for review of the department's determination, along with any supporting documentation, must be submitted to the department by facsimile or electronic mail to the address or number provided in the notice of denial, suspension, or revocation within 20 calendar days after receipt of the notice. If a written request for a review is not submitted within 20 calendar days of the date notice was received, the proposed action will become final.(c) An informal review will be conducted by department personnel in the manner prescribed by the department. The department will issue a final determination to the applicant or pass holder at the address on file.</content><note type="source"><p>Source Note: The provisions of this §2.12 adopted to be effective November 13, 2011, 36 TexReg 7557.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c2/sc/s2.13"><num value="2.13">§2.13</num><heading>No Relationship to License to Carry a Handgun</heading><content>(a) The pass confers no rights or privileges beyond the access to the Capitol and the Capitol Extension otherwise provided to a person who presents a license to carry a handgun issued under Government Code, Chapter 411, Subchapter H. The possession of a Capitol access pass does not authorize a person to carry a handgun.(b) The approval of an application for a Capitol access pass has no bearing on a person's eligibility for a license to carry a handgun. All applications, fees, reviews, or adverse actions relating to a pass are independent of such matters as they may relate to a license to carry a handgun or application for such license.</content><note type="source"><p>Source Note: The provisions of this §2.13 adopted to be effective November 13, 2011, 36 TexReg 7557; amended to be effective July 7, 2016, 41 TexReg 4862.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c3"><num value="3">CHAPTER 3</num><heading>TEXAS HIGHWAY PATROL</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c3/scA"><num value="A">SUBCHAPTER A</num><heading>CRASH INVESTIGATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c3/scA/s3.1"><num value="3.1">§3.1</num><heading>Responsibility and Reporting</heading><content>(a) Officers of the department are charged with the responsibility of investigation and properly reporting rural motor vehicle crashes occurring upon public highways without regard as to severity of the crash. Officers of the department will investigate and properly report motor vehicles crashes occurring on other places open to the use of the public only when serious bodily injury or death has occurred.(b) Officers of the department will, insofar as practicable, make an on-the-scene investigation and properly report rural motor vehicle crashes of which they are made aware.</content><note type="source"><p>Source Note: The provisions of this §3.1 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9353; amended to be effective September 15, 2010, 35 TexReg 8382.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scA/s3.2"><num value="3.2">§3.2</num><heading>Establishing Priority in Crash Investigation</heading><content>Simultaneous crashes reported. In the event an officer is notified of more than one crash at about the same time discretion will be exercised as to the priority of investigation. Consideration will be given to factors such as severity of crash, highway blockage, failure to stop and render aid, amount of traffic at location, potential for the crash to become worse, danger of fire or explosion, and any other information that is available.</content><note type="source"><p>Source Note: The provisions of this §3.2 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scA/s3.3"><num value="3.3">§3.3</num><heading>Classification of Hit-and-Run Crashes as Felony or Misdemeanor</heading><content>Classification of crashes for severity of offense committed. The following injuries to persons involved in crashes will be deemed sufficient for the filing of felony charges:(1) death;(2) incapacitating injury;(3) nonincapacitating injury or minor visible injury.</content><note type="source"><p>Source Note: The provisions of this §3.3 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scA/s3.4"><num value="3.4">§3.4</num><heading>Crashes and Violations--Private Ways and Places</heading><content>(a) Department interpretations. Department interpretations of territorial applicability of the Texas Transportation Code are as follows.(1) Law applies--ways--reportable but safety responsibility does not apply:(A) business-owned access way, road, or street open to the public;(B) hotel and motel driveway;(C) hospital, airport, arena, cemetery, etc., driveways not restricted;(D) nonresidential roads on military bases where the state has jurisdiction;(E) oil lease and irrigation roads open to the public;(F) private school not restricted; and(G) filling station driveways.(2) Law does not apply--ways--not reportable:(A) residential driveways--includes single unit, duplex, and apartment;(B) farm and ranch roads not open to the public;(C) restricted roads on military bases or on roads where jurisdiction has not been ceded;(D) posted roads--restricted by signs or barricades;(E) loading dock areas;(F) car repair areas; or(G) racetracks.(3) Law applies--parking areas--reportable but safety responsibility does not apply:(A) areas provided for customers by a business;(B) state-owned (all government-owned) where public parking is committed;(C) free parking lots;(D) drive-in customer parking;(E) private schools;(F) hospital, airport, arena, cemetery, etc., when no fee is charged;(G) shopping center; or(H) hotel, motel, where parking is done by customers.(4) Law does not apply--not reportable:(A) private residence garages--single unit, duplex, and apartment;(B) business areas exclusively for employees--includes governmental, also commercial--where fee is charged;(C) drive-in theaters;(D) motor vehicle sale lots; or(E) garage storage and repair areas.(b) Guide. If the owner or person in control of the way or area does not intend to be open for public use, then the Texas Transportation Code has no application.(c) Investigation. In investigating crashes coming within the provisions of the Texas Transportation Code, the investigating officer may follow regular crash investigation procedure as though the crash occurred on a rural highway.(d) Traffic law violations applicable on private ways and parking areas. The interpretation of the department is that the groups of offenses enumerated herein are the only traffic offenses applicable to privately owned access ways and parking areas:(1) Texas Transportation Code, Chapter 550 and §545.401; and(2) traffic offense not limited to a public highway by statute.</content><note type="source"><p>Source Note: The provisions of this §3.4 adopted to be effective January 1, 1976; amended to be effective November 12, 1985, 10 TexReg 4235; amended to be effective November 16, 1990, 15 TexReg 6317; amended to be effective December 20, 2007, 32 TexReg 9353; amended to be effective September 15, 2010, 35 TexReg 8382.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scA/s3.5"><num value="3.5">§3.5</num><heading>Crash Investigation Information</heading><content>Release of information. Members of the department will release information to those persons or agencies having a legitimate interest in a crash or incident, to the extent of that interest, including but not necessarily limited to:(1) drivers and passengers and their representatives such as insurance adjusters, attorneys, friends, or relatives who are attending to the affairs of a crash victim;(2) owners of vehicles or other damaged property or their representatives;(3) employer or employee of a crash victim;(4) news media;(5) interested government agencies;(6) prosecutors; or(7) courts.</content><note type="source"><p>Source Note: The provisions of this §3.5 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9353.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scA/s3.6"><num value="3.6">§3.6</num><heading>Crash Investigation Policy</heading><content>(a) Responsibility. The Texas Highway Patrol division of the department is assigned the responsibility of investigating and properly reporting crashes involving motor vehicles which occur outside the city limits of an incorporated city upon a public road, highway, or other way or place open to the use of the public.(b) Investigating and reporting. Upon notification of such crash, officers of the department will, insofar as practicable, make an on-the-scene investigation and properly report the results of their investigation without regard to the severity of the crash.(c) Crashes in cities.(1) The department will not investigate motor vehicle crashes which occur in cities except in emergencies or where prior arrangements have been approved.(2) Any commissioned member of the department who witnesses or comes upon a motor vehicle traffic crash within the city limits will notify local officers and turn all information and control of the investigation over to them as soon as possible. Pending the arrival of the local officers, such department members will seek to protect the scene, render first aid or summon medical aid, detain involved drivers when necessary, and take any other action immediately needed for the public safety for which he has been trained and is equipped to perform.</content><note type="source"><p>Source Note: The provisions of this §3.6 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9353.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c3/scB"><num value="B">SUBCHAPTER B</num><heading>ENFORCEMENT ACTION</heading><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.21"><num value="3.21">§3.21</num><heading>Requirement To Take Action</heading><content>(a) General. Department of public safety traffic law enforcement officers, so far as practicable under the circumstances, will stop every violator of the traffic laws observed by them and take appropriate enforcement action against them.(b) Types of enforcement action.(1) The department recognizes the following three types of proper enforcement action against traffic law violators:(A) warning;(B) citation;(C) custody arrest.(2) The type of enforcement action shall be based only on:(A) the seriousness of the offense;(B) the degree of the violation; and(C) the conditions and circumstances surrounding the offense that might aggravate its potential effect.</content><note type="source"><p>Source Note: The provisions of this §3.21 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.22"><num value="3.22">§3.22</num><heading>Written Warning</heading><content>(a) General. The department believes that warnings given for traffic law violations constitute acceptable enforcement action when given under proper circumstances. Warnings will be given for traffic law violations of a relatively minor degree.(b) Use of written warning.(1) Persons stopped by department of public safety traffic law enforcement officers for traffic law violations of a relatively minor degree or less than clear-cut and substantial and who are not arrested or issued a citation will be issued a written notice of warning.(2) Written warnings will not be issued under any circumstances for:(A) driving while intoxicated;(B) public intoxication;(C) no drivers license (when not licensed);(D) any nontraffic offense; and(E) any violation which contributes to a traffic crash.</content><note type="source"><p>Source Note: The provisions of this §3.22 adopted to be effective January 1, 1976; amended to be effective August 4, 1998, 23 TexReg 7841; amended to be effective May 9, 1999, 24 TexReg 3527; amended to be effective October 20, 2011, 36 TexReg 6968.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.23"><num value="3.23">§3.23</num><heading>Citation and Custody Arrest</heading><content>(a) Citation. All traffic law enforcement officers of the department of public safety will cite or arrest, as appropriate, all violators of the traffic laws apprehended by them who are committing a clear-cut and substantial violation of the traffic laws unless major extenuating circumstances are present.(b) Custody arrests.(1) Custody arrests should only be used:(A) when necessary to have a violator forthcoming in court;(B) to protect the violator or the public from injury; or(C) when required by law.(2) Under no circumstances will a custody arrest be used to punish the violator or as a convenience to the trooper. In obtaining information for a notice to appear in court, the violator is required by statute to furnish his name, residence address and date of birth. It is desirable to elicit pertinent information such as occupation, telephone number, and business address, etc., for possible future use in the processing of warrants. However, the violator's failure to respond in the latter instance is not, standing alone, a sufficient reason to make a custody arrest, for they are not legally compelled to provide such additional information.</content><note type="source"><p>Source Note: The provisions of this §3.23 adopted to be effective January 1, 1976; amended to be effective January 19, 1981, 6 TexReg 53; amended to be effective August 4, 1998, 23 TexReg 7841.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.24"><num value="3.24">§3.24</num><heading>Speed Law Enforcement</heading><content>(a) Construction of prima facie limits. The prima facie maximum speed limits fixed by the legislature or established by zoning authority will be construed to be the maximum permissible speeds under normal conditions and speeds in excess of such limits will be considered illegal.(b) Interpretation of Texas Transportation Code, §545.363(a).(1) The exception "except when reduced speed is necessary for safe operation" will not apply when it is practicable for the offending driver to drive onto the shoulder and allow the impeded traffic to pass.(2) The exception "except when reduced speed is necessary ....in compliance with law" will be interpreted to exempt at all times a driver of a vehicle or combination of vehicles who is driving at or near the maximum legal limit for that vehicle or combination of vehicles.</content><note type="source"><p>Source Note: The provisions of this §3.24 adopted to be effective January 1, 1976; amended to be effective August 4, 1998, 23 TexReg 7841; amended to be effective May 9, 1999, 24 TexReg 3527.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.25"><num value="3.25">§3.25</num><heading>Enforcement of New Traffic Laws</heading><content>All traffic law enforcement officers of the department of public safety will warn for a period of three months after the effective date of the law all violators of any new traffic law that imposes additional or new restrictions. Exceptions to this rule are:(1) flagrant violations;(2) continued willful violation after warning;(3) laws that have received publicity to the extent that the public is already familiar with their provisions; and(4) any violation that is a major contributing factor in a traffic accident.</content><note type="source"><p>Source Note: The provisions of this §3.25 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.26"><num value="3.26">§3.26</num><heading>Inspection of Drivers and Vehicles</heading><content>Traffic law enforcement officers of the department of public safety will conduct inspections of the condition of drivers and the equipment of their vehicles to assure that safety and licensing requirements, as outlined in the statutes, are being complied with.</content><note type="source"><p>Source Note: The provisions of this §3.26 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.27"><num value="3.27">§3.27</num><heading>Discretion by Traffic Enforcement Officers Allowed</heading><content>Traffic law enforcement officers of the department of public safety are allowed the use of judgment in situations requiring an interpretation of the enforcement policies and are allowed reasonable discretion in determining the presence and extent of major extenuating circumstances or aggravating circumstances or conditions.</content><note type="source"><p>Source Note: The provisions of this §3.27 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scB/s3.29"><num value="3.29">§3.29</num><heading>Procedures and Policies Relating to Diplomatic and Consular Officials</heading><content>(a) General policy. Diplomatic and consular officers should be accorded their respective privileges, rights, and immunities as directed by international law and federal statute. These officials should be treated with the courtesy and respect that befit their distinguished positions. At the same time, it is a well-established principle of international law that, without prejudice to their privileges and immunities, it is the duty of all persons enjoying such privileges and immunities to respect local laws and regulations.(b) Definitions. The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Career diplomatic and consular officers--Can be identified by credentials issued by the state department and by other locally issued official identification papers.(2) Consular officers--Consuls-general, deputy consuls-general, consuls, and vice consuls.(3) Diplomatic officers--Ambassadors, ministers, minister counselors, counselors, first secretaries, second secretaries, third secretaries, and attaches.(4) Family members of consular officers--Do not enjoy the same privileges and immunities with respect to the civil and criminal jurisdiction of the receiving state as do diplomatic and consular officers. If the relative is a juvenile, as in all juvenile cases, the subject should be released to the parent diplomatic or consular officer.(c) Immunity.(1) Diplomatic officers. Diplomatic officers should not be arrested or detained for any offense.(2) Consular officers.(A) Under prevailing international law and agreement, a foreign career consular officer is not liable to arrest or detention pending trial except in the case of a grave crime (felony offense that would endanger the public safety) and pursuant to a decision by the competent judicial authority. His immunity from criminal jurisdiction is limited to acts performed in the exercise of consular functions and is subject to court determination.(B) Honorary consuls have no immunity other than for official consular duties.(C) The following procedures are in effect for handling selected incidents, violations, or minor offenses by consular officers.(i) When a consular officer is stopped for a moving traffic violation, the officer on the scene, upon being advised by the driver that he is a consular officer and ascertaining that he possesses the proper credentials, should exercise discretion based on the nature of the violation and either let him go with a warning of the danger of his actions or proceed with issuance of appropriate citation. Under these circumstances, the mere issuance of a traffic citation does not constitute arrest or detention in the sense referred to in this section.(ii) The primary consideration for driving while under the influence should be to see that the consular officer is not a danger to himself or the public. DPS officers may elect to assist the consular officer by one of the following options: take him to the station or a location where he can recover sufficiently to enable him to drive safely; take him to a telephone so that he can call a relative or a friend to come for him; call a taxi for him; or take him home.(iii) While consular officials are immune from arrest, they are not immune from prosecution and the case should be presented to the local prosecutor when the facts so justify.</content><note type="source"><p>Source Note: The provisions of this §3.29 adopted to be effective February 6, 1981, 6 TexReg 414.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c3/scC"><num value="C">SUBCHAPTER C</num><heading>TRAFFIC DIRECTION</heading><section identifier="/us/state/tx/tac/t37/p1/c3/scC/s3.41"><num value="3.41">§3.41</num><heading>Legal Authority for Police Officers To Direct Traffic</heading><content>(a) Activities of officers in traffic direction.(1) Indicate to drivers and pedestrians what to do or not to do, especially when and how to move at a congested point whenever and wherever hazards and congestion make the use of streets and highways dangerous or difficult.(2) Make emergency rules for the flow of traffic when the usual regulations prove inadequate or when special regulations have not been made to meet unusual or unexpected traffic conditions.(b) Directing traffic with hand signals.(1) Stopping traffic. Look and point to the driver who is to stop. Raise pointing hand (but not arm) so the palm is to the driver. Same procedure for traffic from other direction when applicable. Look and point at car and driver to be started until officer gets driver's attention.(2) Starting traffic. Swing hand, palm up, up and over to officer's chin. Bend arm only at elbow. Use same procedure for traffic from other direction when applicable.(3) Right turn. Point at driver signaling a right turn, then point where he is to go if turn is to be allowed.(4) Left turn. Stop opposing traffic and point to driver and where he is to go if turn is to be allowed.(c) Directing traffic with special equipment.(1) Whistle. Stop signal, one long blast; start signal, two short blasts; to get attention, several short blasts.(2) Baton. Stop signal, officer face traffic holding baton in front and slowly swing or wig-wag from left to right in arc of about 45 degrees. Start signal, same as hand signal. Turning traffic, same as hand signal.(3) Flashlight only. Stop signal, officer hold flashlight at arms length, swinging slowly left and right with beam on pavement between officer and vehicle; when driver gets near enough and slow enough to see hand signal, stop by proper hand signal. Directions for other movements are the same as with baton.(d) Pedestrian and other nonvehicular traffic. These rules apply to the direction of pedestrians and other nonvehicular traffic except in those instances which by their very nature have no application.</content><note type="source"><p>Source Note: The provisions of this §3.41 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scC/s3.42"><num value="3.42">§3.42</num><heading>Making of Emergency Rules</heading><content>Disaster locations. Officers of the department have a duty to make emergency rules when normal operating procedures prove inadequate under unusual conditions that affect the lives, health, or property of the general public at disaster scenes. This includes accidents involving radioactive materials, explosives, and flammable materials at riots, bomb threats, civil disobedience and demonstrations involving large numbers of people.</content><note type="source"><p>Source Note: The provisions of this §3.42 adopted to be effective January 1, 1976.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c3/scD"><num value="D">SUBCHAPTER D</num><heading>TRAFFIC SUPERVISION</heading><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.51"><num value="3.51">§3.51</num><heading>Traffic Supervision on Interstate Highways in Cities of 50,000 Population or Less</heading><content>Police traffic supervision activities.(1) Officers of the department of public safety will conduct police traffic supervision on sections of interstate highways when those sections are direct extensions of an interstate system already patrolled by this department. Those activities will be conducted as if the sections being patrolled were rural.(2) Crash investigation and traffic law enforcement will be conducted on the main lanes and the on-ramps and off-ramps, but not as a matter of routine on the service roads.(3) Copies of crash reports will be furnished to cities by the investigating officer.(4) Regional commanders and service captains will explain their procedures to city officials upon request.(5) This section does not prohibit local authorities from taking enforcement action on interstate systems in their respective jurisdictions.</content><note type="source"><p>Source Note: The provisions of this §3.51 adopted to be effective January 1, 1976; amended to be effective March 18, 2009, 34 TexReg 1872.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.52"><num value="3.52">§3.52</num><heading>Police Traffic Supervision on Interstate Highways in Cities of Over 50,000 Population</heading><content>Police traffic activities. Local agencies will be encouraged to conduct all police traffic supervision activities on all interstate highways within their jurisdiction.(1) Officers of the department will not be routinely assigned traffic supervision duties on these sections of the interstate systems. Officers will handle major dangerous violations they observe while traveling such sections, and may take routine enforcement action.(2) There are occasions when it may become highly desirable for units to be routinely assigned to an interstate system within a city of more than 50,000 population.(3) Requests for permission to assign units to these systems should be submitted through channels to the Assistant Director of Texas Highway Patrol.</content><note type="source"><p>Source Note: The provisions of this §3.52 adopted to be effective January 1, 1976; amended to be effective December 20, 2007, 32 TexReg 9354; amended to be effective June 11, 2012, 37 TexReg 4252.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.53"><num value="3.53">§3.53</num><heading>Police Pursuit Operations</heading><content>(a) Duty to drive safely. Officers of the department have an obligation to the citizens and visitors of this state to protect lives and property.(1) This duty extends to the operation of departmental vehicles at all times, but is of special importance in all pursuit operations. The mission of apprehension cannot be accomplished if the patrol unit is involved in an accident.(2) There are times when it is not practicable to continue pursuit of a violator. The decision to abandon pursuit can only be made by the officer involved. When in the opinion of the officer continued pursuit will bring unwarranted danger to the public or to himself, pursuit will be abandoned.(b) Exceptions to traffic laws. There are exceptions granted to emergency vehicles for turning, parking, stopping, signaling, and speeding. These exceptions will only apply when an officer is responding to emergency or pursuit conditions.(1) The exception to turning across medians will only be allowed for the purposes of conducting necessary police functions.(2) None of the exceptions to the traffic laws relieve officers from the responsibility to drive with due regard for safety of all persons. The use of a siren or emergency lighting does not reduce the need for cautious defensive driving.(c) Use of median. The parking of departmental vehicles within the median strip is permitted in emergency situations. No traffic law violator will be directed to stop within the median strip except under extreme emergency conditions when it is vital that he be stopped at once and when stopping on the right-hand side is not feasible or practicable.</content><note type="source"><p>Source Note: The provisions of this §3.53 adopted to be effective January 1, 1976; amended to be effective October 2, 1986, 11 TexReg 4003; amended to be effective May 12, 2003, 28 TexReg 3828.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.54"><num value="3.54">§3.54</num><heading>Storing and Reporting of Vehicles Removed from the Highways</heading><content>(a) Removal and storage information. When any officer causes the removal and storage of any vehicle which has been abandoned or when the owner cannot be otherwise located to advise disposition he will inventory the vehicle and notify the nearest department radio station, giving the following information:(1) year, make, and model of vehicle;(2) license number and state of issue;(3) vehicle identification number-secured by actual inspection of the vehicle;(4) date stored;(5) where stored--name of garage and city;(6) apparent condition when stored--running condition, wrecked, burned, etc.;(7) reason for storing--abandoned, wrecked, etc.; and(8) any limitations on release to proper person.(b) Recording of storage information. Immediately upon receipt of the information required in subsection (a) of this section, the radio operator will record the information on the automobile storage log, or on an equivalent form.(c) Owner not located. When the owner of the vehicle cannot be located through the usual methods within 24 hours the following procedures are prescribed.(1) It is the responsibility of the supervisor, police communications facility of the station concerned, to have prepared the necessary number of copies of notice of stored vehicle to:(A) mail one copy to the registered owner within 24 hours, using the name and address shown on the registration records;(B) mail one copy to the lien holder, if any, within 24 hours, using the name and address of the lien holder shown on the title records; and(C) send one copy to the officer storing the vehicle, using the most practical means under the circumstances.(2) Supervisor, police communications facility, will take the following actions as required.(A) When the owner or lien holder contacts the radio station seeking information he will be given the information contained in the automobile storage log which may relate to his vehicle.(B) When the owner or lien holder gives specific instructions for the disposition of the vehicle this information will be given to the officer storing the vehicle, by the most practical means.(C) When the post office returns the owner's copy of notice of stored vehicle as unclaimed, it will be sent to the officer storing the vehicle.(D) When the lien holder advises the lien has been released, the information will be sent to the officer storing the vehicle, by the most practical means.(d) Responsibility of officer storing vehicle.(1) When it becomes apparent that all efforts to locate the owner have failed, the officer storing the vehicle will advise his immediate superior of the facts and circumstances of the case and ask for further instructions.(2) In locations where department radio stations are so remote as to make it unreasonable or impossible to comply with the instructions herein, the officer concerned and his immediate supervisor will work out the most practical substitute procedure for the particular location.(3) Responsibility for final disposition of the stored vehicle remains with the officer having said vehicle removed and stored. When no disposition can be made with the vehicle using the above procedure, it will be processed in compliance with the Abandoned Motor Vehicle Act.</content><note type="source"><p>Source Note: The provisions of this §3.54 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.55"><num value="3.55">§3.55</num><heading>Disposal of Abandoned Motor Vehicles</heading><content>(a) Other agencies' involvement.(1) The department will encourage other police agencies to establish a procedure to handle and make final disposition of all abandoned motor vehicles found or reported within the geographic areas for which they have a responsibility. By mutual agreement other police agencies will process any abandoned motor vehicle found or reported within their jurisdiction which may be handled under the provisions of the Texas Abandoned Motor Vehicle Act. In areas within which another agency will provide this service, the department will refer all abandoned motor vehicles to that agency.(2) The department will process those abandoned motor vehicles which come to our attention if no other police agency having jurisdiction over the place where the vehicle is found will accept this responsibility.(3) Officers will attempt to notify the owner and lien holder of abandoned motor vehicles through presently prescribed procedures in the event circumstances seem to warrant such actions.(4) No vehicle will be considered to be an abandoned motor vehicle until the time requirements have definitely been met. This does not prohibit the normal processing of vehicles which appear to have been stolen, left temporarily on the right-of-way for the owner's convenience, or involved in an accident; nor does it prohibit the removal of vehicles from the highways for any lawful reason prior to the time limitations contained in the Act.(b) Preparatory procedures. Sheriffs and local police departments will be encouraged to process the abandoned motor vehicles found within their jurisdictions. Department personnel will refer all abandoned motor vehicles to the appropriate local agency, when feasible.(c) Operational procedure.(1) This section is not intended to apply to vehicles which are left temporarily upon the highway.(2) This section applies when vehicle in question is believed to be an abandoned motor vehicle under the Act and the decision is made that it will be handled as such.(d) Abandoned motor vehicle coordinators. Regional commanders will appoint as many persons within the region as deemed necessary to serve as abandoned motor vehicle coordinators, hereinafter referred to as the coordinator.(e) Responsibility for originating forms and completing sale. Unless otherwise directed by the regional commander, the officer who first acts to have an abandoned motor vehicle taken into custody will be responsible for completing the prescribed forms and for the conduct of any subsequent sale. In the event the services of an auctioneer are employed, a department member will complete and sign prescribed forms.(f) Placarding of vehicles believed to have been abandoned. Department officers who observe a vehicle under circumstances suggesting that it may become an abandoned motor vehicle as defined in the Act will complete the notification to owner form advising him that the vehicle may come under the provisions of the Act. This form, when completed, will be attached to the vehicle in a conspicuous location. The vehicle will not be considered to be an abandoned vehicle until after the time and date specified on the form.(g) Removal of abandoned vehicles.(1) A department officer who has knowledge of an abandoned motor vehicle in his assigned area, after having determined that the vehicle has not been listed as stolen, will report the matter to the local police agency within the county that processes such abandoned motor vehicles.(2) When there is no agency in the county that processes abandoned motor vehicles, the officer will:(A) have the vehicle removed to a place of storage, following the normal procedure used for removal of vehicles from the highways, or as directed by the regional commander;(B) report the removal and storage of the vehicle to the department radio station he normally contacts, and advise the station that the vehicle is being handled under the Texas Abandoned Motor Vehicle Act; and(C) complete Notice of Impoundment form in triplicate and send one copy to the Chief of Finance of this department and one copy to the coordinator as soon as practicable. The coordinator's copy must be accompanied with Abandoned Motor Vehicle master form which will have as much relevant information entered thereon as is available at the time.(h) Notification by mail. The officer having the vehicle stored will determine, if possible, the name and address of the last known registered owner and all known lien holders of record. If mailing addresses can be obtained, the officer will notify the owner and lien holders by completing the notice of abandoned motor vehicle taken into custody form and mailing by certified mail, return receipt requested. The officer will furnish a copy of each form so mailed to the coordinator for the area in which the vehicle was found. The regional commander may direct the coordinator for the area in which the vehicle was found to be responsible for identifying and notifying by mail the owners and lien holders, if any. In this event, the coordinator will follow the procedure prescribed above immediately upon receipt of a completed notice of abandoned motor vehicle taken into custody.(i) Notification by publication. Where no mailing address of owners or lien holders can be found, or the certified letter is returned unclaimed, the person responsible for the effort to notify by mail will make the required notification by one publication in one newspaper of general circulation in the area where the vehicle was abandoned.(j) Vehicles reported as abandoned by garagekeepers. Vehicles reported to the members of the department by garagekeepers as abandoned motor vehicles will be processed in the same manner as described above, with exceptions and additions as noted hereafter.(1) The garagekeeper will be encouraged to make the report to another agency. The statute makes it mandatory that the department accept the report and process the vehicle if this is the desire of the reporting garagekeeper.(2) The garagekeeper must tender a certified check, cashier's check, or a U.S. postal money order in the amount of $5.00, made payable to the Texas Department of Public Safety before the department will take any action on his report. The officer will give a receipt to the reporting garagekeeper for the $5.00 fee to establish the fact that the garagekeeper reported the abandoned motor vehicle within the allotted time.(3) Notification of last known registered owners and lien holders of record must be completed by department personnel as previously prescribed even though the reporting garagekeeper has already done this.(4) The garagekeeper will notify the department employee to whom the abandoned motor vehicle was reported or someone acting in the officer's behalf in the event the vehicle is reclaimed.(k) Sale of vehicles.(1) As soon as practical after the expiration of 20 days from the date of mailing notices to owners and lien holders or publication of the prescribed notice, vehicles not reclaimed will be sold at public auction. A notice announcing each sale will be posted not less than five days prior to the sale in the courthouse in the county where the sale will take place. Such notice will describe each vehicle to be sold and specify the date, time, and place of the sale. If the vehicle was reported by a garagekeeper, he will be notified of the time and place of the sale.(2) Several vehicles may be sold at the same time, but each vehicle must be bid on separately. Each public auction will be conducted in such a manner that each bidder will submit an oral bid and will have an opportunity to raise his bid as often as he desires until no further bids are forthcoming.(3) The department will insure, as far as practical, that notice of a pending sale is given to all prospective bidders. The department may employ an auctioneer who will be paid out of the proceeds of sales.(4) All vehicles sold at public auction must be paid for by certified check, cashier's check, or U.S. postal money order, made payable to the Texas Department of Public Safety.(5) The department employee responsible for the sale will, after receiving payment, execute the auction sales receipt form and deliver it to the purchaser.(l) Final reporting on vehicles sold.(1) The coordinator will be responsible for maintaining in the field a file pertaining to each abandoned motor vehicle reported to him.(2) Owners or lien holders who identify themselves as having an equity in a vehicle which has already been sold will be given the available facts concerning the impoundment and sale of the vehicle as well as the expenses incurred in disposing of the vehicle. Owners or lien holders will be advised to contact the Chief of Finance, Accounting and Budget Control, Texas Department of Public Safety at Austin if they wish to submit a claim for any balance remaining from the proceeds of the sale of the vehicle after deduction of expenses or other charges.(m) Records and fiscal control. The department is required to keep records and exercise fiscal control on any transaction involving expenditure of department funds or receipt of funds by the department. Indebtedness incurred by the department in the administration of this Act will be paid by a warrant based on a voucher submitted by the person providing the service through the coordinator to the Chief of Finance.</content><note type="source"><p>Source Note: The provisions of this §3.55 adopted to be effective January 1, 1976; amended to be effective December 1, 1994, 19 TexReg 9184.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.56"><num value="3.56">§3.56</num><heading>Property Inventory Procedures</heading><content>(a) Responsibility. Officers of the department occasionally assume responsibility for the property of citizens when those citizens are unable to care for that property. This responsibility may accrue to the personnel as a result of an arrest, voluntary abandonment by the rightful owner or others in control of the property, involuntary abandonment, or by seizure.(b) Inventory required. All property which comes into the care, custody or control of an officer of the department will be inventoried as soon as practicable and a written record of the results of the inventory made on the prescribed form.(c) Operational procedure. When it becomes necessary to assume the responsibility for property belonging to another, department officers will, as soon as practicable and without undue delay, inventory that property and record the results on the prescribed inventory form.</content><note type="source"><p>Source Note: The provisions of this §3.56 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.57"><num value="3.57">§3.57</num><heading>Traffic Warrant Service</heading><content>When a traffic warrant is actually served and the defendant is taken into custody, the arresting officer will handle the defendant as prescribed by the Texas Code of Criminal Procedure, Article 15.17.</content><note type="source"><p>Source Note: The provisions of this §3.57 adopted to be effective January 1, 1976; amended to be effective November 12, 1985, 10 TexReg 4236; amended to be effective June 26, 2013, 38 TexReg 3988.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.58"><num value="3.58">§3.58</num><heading>Acceptance of Out-of-State Bail Bond Receipts as Drivers License</heading><content>Receipts for drivers license. Some states permit persons charged with certain traffic offenses to surrender their drivers license in lieu of posting bail, to guarantee court appearances. A receipt is issued by a court, or by an officer, to each driver who surrenders his drivers license in lieu of bail. This receipt is recognized as a drivers license in the state issuing the receipt until the date of trial shown on the receipt. Officers of the department will accept these receipts as a valid license in Texas under the same conditions that they are accepted in the issuing state.</content><note type="source"><p>Source Note: The provisions of this §3.58 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scD/s3.60"><num value="3.60">§3.60</num><heading>Escort, Policies and Procedures</heading><content>(a) Emergency vehicles.(1) The department will furnish emergency escorts and emergency transportation for persons only when the escort or conveyance is necessary for the preservation of life or when expediting movements of supplies and personnel for the armed forces during national emergency.(2) Emergency vehicles, particularly ambulances, will not be escorted by officers except under special circumstances.(3) Whenever possible, officers will avoid escorting private automobiles on emergency runs. If an escort is necessary and the patient can be transferred to the department vehicle without jeopardizing his life, he will be transferred to the department vehicle for the emergency run.(b) Funerals. Officers will not escort funerals without permission of their immediate supervisor.(c) Transportation of blood or other life-sustaining serums. Transporting blood or other life-sustaining serums will not be done unless a probability of loss of life exists or unless authorized by immediate supervisor.(d) State official or other dignitaries. Escorts will be provided when authorized or assigned by immediate supervisor.(e) Parades. Escorts will be provided when authorized by immediate supervisor.(f) Routine requests for escorts. Escorts will not be provided for any organization unless authorized by the immediate supervisor.(g) Exceptional circumstances. Should any of the aforementioned situations arise under circumstances in which adequate time is not available to secure supervisory approval, an officer may, exercising reasonable discretion, perform the service he judges to be appropriate. Having done so, he will then advise his immediate supervisor of the action taken and the justification therefor.</content><note type="source"><p>Source Note: The provisions of this §3.60 adopted to be effective January 1, 1976.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c3/scI"><num value="I">SUBCHAPTER I</num><heading>ASSISTANCE TO LOCAL AGENCIES</heading><section identifier="/us/state/tx/tac/t37/p1/c3/scI/s3.121"><num value="3.121">§3.121</num><heading>Assistance to Local Agencies</heading><content>(a) Introduction. In the numerous jurisdictions in which department officers are stationed, a myriad of events peculiar to those areas will occur which may prompt local governmental agencies to call on the department for assistance. Examples are as numerous as the number of jurisdictions. Some of these are: traffic control at high school or college sports events, crowd supervision at community events, assistance in moving livestock across public roads, or assisting the Texas Department of Criminal Justice in the movement of inmates from one facility to another.(b) Policy. The department will assist other law enforcement agencies or political subdivisions with such events or such situations when a reasonable request is made by an appropriate authority and resources permit.(1) Officers should exercise good judgment in assisting with crowd or traffic control and will confer with their immediate supervisors immediately if they feel the activity might have adverse effects.(2) Unless assigned to such duty by a supervisory officer, troopers should remember that primary duties take precedence over other activities and should take this into consideration when deciding whether or not to assist. However where an activity provides a real service to the community, troopers should make reasonable effort to provide the requested assistance.(3) Troopers will not be routinely assigned to crowd or traffic control duties at private commercial enterprises such as sporting events, festivals, or other private economic ventures. Such duties are the responsibility of the owner and promoter of the event. In the case of a potential civil disturbance or a need to provide law enforcement, the director will provide the resources deemed necessary to address the problem.</content><note type="source"><p>Source Note: The provisions of this §3.121 adopted to be effective July 17, 1997, 22 TexReg 6460.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c3/scK"><num value="K">SUBCHAPTER K</num><heading>PARKING AND TRAFFIC ADMINISTRATION</heading><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.161"><num value="3.161">§3.161</num><heading>General</heading><content>(a) Objective.(1) The overall objective is to provide for the most equitable and economical parking facilities for state employees, state officials, and the visiting public in accordance with the general law as set out in Texas Government Code, §§411.061-411.067. Parking and traffic administration are administered by the Highway Patrol Service with full authority to carry out the responsibilities of the Texas Department of Public Safety.(2) In addition to a limited number of reserved parking spaces, these sections allow for free parking for other employees. Assignments for free parking will be made to locations as near as possible to the employee's work location. Parking in these locations will be on a first-come basis.(3) In an effort to conserve energy and to alleviate traffic congestion in the Capitol Complex, car pooling will be encouraged by the assignment of free reserved parking.(4) Under the provisions of the Americans with Disabilities Act (ADA) and 29 Code of Federal Regulations Part 163.2, a qualified employee with a disability will be assigned a free reserved parking space. As a reasonable accommodation for employees with significant mobility impairments, a free reserved space as near as possible to the building where the employee is employed shall be designated, whether in space assigned to the employing agency or in space managed by the department.(b) Definitions. The following words and terms, when used in these sections, shall have the following meanings, unless the context clearly indicates otherwise.(1) Availability for assignment--Refers to the status of a lot or garage, either a part or the whole of which is used for open parking assignment and shows a utilization of its open parking areas of less than 100% during peak use hours. A lot or garage may not be utilized for open parking by all state employees when determined to be necessary for security reasons by the Commander of the Capitol Regional Command Office.(2) Handicap reserved parking--a parking space only to be utilized by an employee issued a handicap parking permit by the parking administration. The spaces will be marked by signs and/or red painted curbs or stops.(3) Open parking--The privilege to park anywhere within the Capitol Complex parking lots or garages except in those spaces marked as "reserved," "handicap reserved," "visitor parking," or designated by the department not to be open parking facilities. No monthly charge is made for open parking.(4) Parking administration--A section of the Highway Patrol Service, Texas Department of Public Safety.(5) Reserved parking--Assignment of a specific parking space to a state official, an agency or to an employee. The spaces will be marked by signs and/or yellow painted curbs or stops.(6) Visitor parking--parking space to be utilized by a state employee only if his or her principal place of employment is outside the Capitol Complex. The spaces will be marked by signs and/or blue painted curb stops. This definition excludes any parking spaces in the State Visitors' Garage which is under the management and control of the State Preservation Board.(c) Exemptions. The following areas will not be regulated as to parking except as noted:(1) Texas Workforce Commission. Parking facility under the management and control of the Texas Workforce Commission;(2) the parking garage in the capitol extension project and the parking spaces on the grounds of the Capitol. However, the department may enforce the parking regulations established by the State Preservation Board;(3) the State Visitor's Garage. Parking facility under the management and control of the State Preservation Board. However, the department may enforce the parking regulations established by the State Preservation Board.(4) parking areas outside the Capitol Complex. State parking lots and garages outside the Capitol Complex will not be regulated by the department except under the authority of individual contracts and agreements approved by the director of the Texas Department of Public Safety.(d) Agency parking coordinator. Each occupying agency will designate one of its employees to be the parking coordinator, and the parking administration will provide each coordinator with detailed instructions for the proper administration of these guidelines.(e) Official traffic control devices; establishment and maintenance.(1) The commander of the Capitol Regional Command Office or his designee shall cause to be placed and maintained all official traffic-control devices in accordance with the Texas Manual on Uniform Traffic-Control Devices for Streets and Highways, as most recently published by the Texas Department of Transportation, or in accordance with such official publication of that Department which may in the future amend or supersede the same, except where such manual is in conflict with state law. It shall be unlawful for any person to violate the regulation imposed by any lawfully posted traffic-control device, whether or not posted in accordance with such manual.(2) Proof of the fact that any traffic-control device, sign, signal or marking was actually in place at any location in the Capitol Complex shall constitute prima facie evidence that the same was installed under the authority of law.(3) The Highway Patrol Service shall maintain a record of the locations where any traffic-control device, marking or special regulation is made applicable.(4) All traffic-control devices, signs, signals and markings evidenced by the record thereof maintained by the Highway Patrol Service, and in existence as of the adoption of these amendments to the rules of the department, are hereby ratified and confirmed as official traffic-control devices of the department, and shall continue as such until modified as provided in this section.(5) The commander of the Capitol Regional Command Office, or his designee, shall approve any special regulations of traffic or parking applicable to a specific location, when appropriate for the free flow and the expeditious handling of traffic, the safety of persons or property, or the use of buildings and property within the Capitol Complex. Such regulations shall be placed in the record, which shall include the description, location and date of such regulation. Whenever any specific regulation of traffic becomes expressly not applicable to a specific location within the Capitol Complex, the record of such regulation shall be marked "deleted" by the commander of the Capitol Regional Command Office or his designee, who shall also note the date of such deletion.(6) The record of traffic-control devices, signs, signals and markings shall be continuously maintained by the Highway Patrol Service, and all persons shall be charged with notice of the contents of the same. Defects, omissions or entries of the records relating to traffic-control devices, signs, signals and markings shall not constitute a defense to prosecution for traffic or parking violations.</content><note type="source"><p>Source Note: The provisions of this §3.161 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.162"><num value="3.162">§3.162</num><heading>Assignment to a Reserved Space or Open Facility</heading><content>(a) The assignment to a reserved space or open facility is considered a privilege which can be revoked at any time for nonpayment or noncompliance with the parking regulations. In addition, this privilege may be revoked to permit implementation of changes in the parking system or these rules as mandated by the department. The acceptance and use of a parking assignment constitutes acceptance of all sections and regulations regarding such assignment. The department may designate lots or garages for use by employees of particular buildings in order to give better distribution to parking utilization, subject to the priority of assignment established in Texas Government Code, Section 411.063(c), and Sections 3.166 of this title (relating to Priority of Assignments).(b) Employees of state agencies are eligible for assigned parking so long as they office four hours or more a day during the normal state work week between the hours of 7 a.m. and 6 p.m. within the Capitol Complex. If the department enters into a contract or agreement to administer the parking for an area outside the Capitol Complex, the same rules will apply.(c) Employees, upon request, may be placed on a waiting list for an open parking assignment to a lot or garage in close proximity to their work location. They may be placed on the list for not more than two locations, applicable only to those lots or garages designated for use by the building where the applicant is employed. Utilization surveys of open parking areas will be conducted to determine the number of available spaces in all lots and garages. Such surveys will be conducted at times, and during months, which have been observed by the parking administration as typically having the largest number of vehicles using open parking. When utilization surveys show a pattern of available spaces in an open parking location, the parking administration will make available a number of open parking assignments, after taking into consideration the pattern of utilization and the number of current assignments for the particular location. Eligible employees will be notified in writing. The employee will be given five working days in which to accept or decline the assignment. When notification letters have been mailed, employees are automatically removed from the waiting list for the lot or garage designated in the notification letter. Once a parking assignment has been accepted by an employee, that employee is automatically removed from all waiting lists. New applications, not immediately assignable, shall be dated and time stamped as they are received by the department and placed on the respective lists in chronological order. Assignments from the waiting list will be made on a "first-on, first-off" basis, except as provided in §3.163 of this title (relating to New Lots/Garages).(d) All assignments relinquished, cancelled, terminated, or forfeited shall become reassignable in accordance with these sections on the effective date of relinquishment, cancellation, termination, or forfeiture.(e) The department may designate and request the commission or the Texas Department of Transportation to mark and place appropriate signs, traffic control devices and meters for traffic control and parking regulation, and to designate parking spaces for state-owned vehicles and visitors parking in the Capitol Complex, or on other state property outside the Capitol Complex when said property is administered by the department as provided in §3.161 of this title (relating to General).(f) In making assignments to open parking facilities, individual space assignments are not permitted. The department may assign more individuals to park in the lot or garage than there are spaces available. Determination of the number of assignments to such an area, allowed by this subsection, shall be based upon information obtained during peak utilization periods. Adjustments in the number of permitted assignments may be made from time to time as circumstances warrant, in an effort to obtain full utilization of state parking facilities.(g) Each state agency housed in the Capitol Complex, or on other state property administered by the department, is allotted a number of reserved spaces based on the needs of the agency and the availability of spaces. The department will ensure that all agencies are allocated at least one space for individual assignment. Each state agency is responsible for assignment of these spaces and for notifying the parking administration of all reserved assignments, additions, and deletions. A monthly charge shall be paid quarterly in advance for each assigned reserved space within a lot or garage as described in §3.165 of this title (relating to Monthly Parking Charges, Payment, and Refunds). All other spaces whether a part or the whole of a lot or garage shall be marked for open assignment in accord with these sections.</content><note type="source"><p>Source Note: The provisions of this §3.162 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.163"><num value="3.163">§3.163</num><heading>New Lots/Garages</heading><content>(a) Whenever a new lot or parking garage is opened for operation, assignments will be made as near as possible to the employee's work location.(b) Provided that whenever a new garage is opened that is connected to or part of a building, whether by new construction or by purchase of an existing facility, assignments to that location may be first made to the employees occupying the building.(c) Additional and further assignments will be made in accordance with these sections.</content><note type="source"><p>Source Note: The provisions of this §3.163 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.164"><num value="3.164">§3.164</num><heading>Trades, Transfers, and Terminations</heading><content>(a) The department may make space trades for employees currently having assigned spaces. In allowing such trades, the department shall satisfy itself that the best interests of the state will be served.(b) If an employee is transferred to another work station outside the jurisdiction of the parking administration or is terminated, he or she shall relinquish his or her assignment.(c) In case of a transfer, should the employee be reassigned within six months of the original transfer, he or she shall be entitled to a priority assignment in the same facility as his or her relinquished assignment if a space is available.</content><note type="source"><p>Source Note: The provisions of this §3.164 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.165"><num value="3.165">§3.165</num><heading>Monthly Parking Charges, Payment, and Refunds</heading><content>(a) Charges. Monthly charge for assigned parking will be at the rate set by the state legislature, or if no rate is set, at a rate set by the department. The department sets the rate at $10 per reserved space.(b) Payment. Monthly charges shall be paid quarterly in advance, due on the first day of September, December, March, and June. The payment is considered delinquent on the 10th of the month, at which time a notice is sent to the agency advising the agency to remit payment within five working days of the date of notice.(c) The department may charge a fee not to exceed $8.00 per day for any Capitol Complex metered parking space reserved for a special event in which the meter would not be available to the general public. The same fee may be charged for any Capitol Complex metered parking space reserved for a special event or construction project permitted by the City of Austin in accordance with a signed interlocal agreement between the City of Austin and the department.</content><note type="source"><p>Source Note: The provisions of this §3.165 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.166"><num value="3.166">§3.166</num><heading>Priority of Assignments</heading><content>(a) When the legislature is in session, the department shall assign and have marked, for unrestricted use by members and administrative staff of the legislature, the reserved parking spaces in the Capitol Complex requested by the respective houses of the legislature. A request for parking spaces reserved pursuant to this subsection shall be limited to spaces in the Capitol area and the additional spaces in state parking lots proximately located to the Capitol.(b) When the legislature is not in session, the department shall, at the request of the respective legislative bodies, assign and have marked the spaces requested for use by members and administrative staff of the legislature, in the areas described in subsection (a) of this section.(c) The department may assign parking spaces to elected state officials and appointed heads of state agencies who occupy space in state buildings located within the Capitol Complex.(d) The department will assign parking spaces to state employees with disabilities. See § 3.161 of this title (relating to General). A state employee will be considered eligible for assignment to designated disabled parking areas or permanent assignment to a free reserved disabled person's parking space if the person holds a Texas Department of Transportation disabled person parking privilege issued by a county tax assessor-collector as described in Texas Transportation Code, §502.253, §681.002, or §681.003.(e) If spaces are available, the department may assign parking spaces to car pools. See §3.169 of this title (relating to Car Pools).(f) The department may assign an appropriate number of reserved parking spaces to state agencies housed in the Capitol Complex, or in other state facilities administered by the department whether or not located in the City of Austin. See §3.162 of this title (relating to Assignment to a Reserved Space or Open Facility).(g) All remaining parking facilities under the charge and control of the department in the area described in subsection (f) of this section may be made available for use by state employees. Such employees shall be those working for agencies who occupy space in state buildings, located within the area specified in subsection (f) of this section.(h) To implement the requirements of this section, the department shall not be required to assign all of the spaces available. The department by discretion may make use of any unassigned spaces designated under this section, so long as that use is in accordance with Texas Government Code, §§411.061-411.067, and these sections.</content><note type="source"><p>Source Note: The provisions of this §3.166 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.167"><num value="3.167">§3.167</num><heading>Temporary Permits</heading><content>(a) Temporary permits may be issued for a period of one to 15 days. If the need for the permit continues to exist after 15 working days, a new permit may be obtained in the parking administration office.(b) Upon written request from the agency parking coordinator, a 90-day special permit or construction permit may be issued if spaces are available. Once approved, the permit must be displayed and the employee or the contractor who is issued the permit will be responsible for any parking violations on the vehicle.</content><note type="source"><p>Source Note: The provisions of this §3.167 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.168"><num value="3.168">§3.168</num><heading>Sublease and Utilization</heading><content>Subleasing an assignment shall not be permitted and is a violation of these sections. It is permissible for an employee who is assigned a reserved space by his or her agency to allow another state employee to use that assignment during vacations, absences due to illness, or official travel, provided the parking coordinator for his or her agency is notified in advance, but charging a fee for this favor is a violation of these sections.</content><note type="source"><p>Source Note: The provisions of this §3.168 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.169"><num value="3.169">§3.169</num><heading>Car Pools</heading><content>(a) Car pools shall consist of at least three participating state employees not having the same domicile and who normally drive their vehicles to work.(b) A newly established car pool, meeting the requirements of this section as determined by the Texas Department of Public Safety, shall be assigned a reserved space as near as possible to the building in which they work, provided this would not result in the dislocation of any employee having a previously assigned reserved space.(c) Responsibility for the car pool shall be given to a designated member of the car pool, whose identification as such shall be recorded in the parking records. Notice to the designated member for any purpose set out in these sections shall be deemed notice to all members of the car pool.(d) Only one vehicle in each car pool shall be parked in state lots or garages. Should two members of the same car pool need to drive their vehicles, the second vehicle must notify the parking administration immediately upon arrival.(e) Assignment of a reserved space to a car pool shall result in the automatic forfeiture of any previous assignment to the members of the car pool. Subsequent departure of a car pool member, or dissolution of the car pool itself will not restore any parking assignment previously forfeited by a member.(f) Departure of a car pool member will not work as automatic forfeiture of the car pool assignment unless the membership falls below three members and a new member cannot be found within 60 days to restore the car pool to the minimum qualifying number.(g) Dissolution of a car pool for any reason will not give the individual members any right to the priority space assigned to that car pool.</content><note type="source"><p>Source Note: The provisions of this §3.169 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.170"><num value="3.170">§3.170</num><heading>Parking Permits</heading><content>(a) All vehicles utilizing open parking must display a current parking permit. Up to two permits may be issued to each employee, but only one vehicle bearing a permit issued to an employee may make use of that employee's parking privilege within the Capitol Complex at a time. The department is authorized to issue either decal permits or hanging permits.(1) Decal permits shall be applied to the vehicle according to instructions provided at the time of issuance.(2) Hanging permits will normally be hung from the rearview mirror when the vehicle is parked in a state parking lot or garage. If no mirror post is available, the permit may be taped to the front windshield, in the lower center, or otherwise displayed so that it is readily visible from outside the vehicle. If hanging permits are issued, one permit will be issued to each eligible employee. The employee may use the hanging permit on any vehicle which the employee drives to work.(b) An employee who is issued a permit will be responsible for any parking violations on vehicles bearing the permit.(c) Employees with unpaid charges recorded in their name shall be ineligible to receive a parking permit while such charges remain unpaid.(d) All permits will expire and be renewed on a biennial basis.(e) Parking permits may be used only by the employee the permit is assigned to and may not be loaned or allowed to be used for any purpose other than for parking of a state employee's vehicle while the employee is at work within the Capitol Complex.</content><note type="source"><p>Source Note: The provisions of this §3.170 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.171"><num value="3.171">§3.171</num><heading>Enforcement</heading><content>(a) Department officers are responsible for enforcing these parking regulations and traffic violations on state property. For purposes of enforcing the parking rules only, the department may assign either commissioned officers or noncommissioned security workers. The assignment of security workers shall only be made with the written approval of the commander of the Capitol Regional Command Office.(1) To carry out this responsibility and authorization, the department may issue two types of citations for any parking or traffic violations occurring within the Capitol Complex.(A) Administrative citations issued by the Highway Patrol Service are subject to administrative adjudication. Administrative citations will generally be issued for violation of parking regulations. When an administrative citation is issued for a violation of these sections, the administrative fine shall be $25.(B) Court appearance citations constitute a notice to appear in either a municipal court or a justice court. Failure to discharge a court appearance citation may result in the issuance of a warrant of arrest.(2) The department reserves the right to issue a court appearance citation for any violation.(3) When a court appearance citation is issued for any violation, the penalty shall be assessed by the court in accordance with statutory law.(b) Service of Parking Citation; Presumption of Service.(1) A parking citation must be served personally upon the operator of a vehicle who is present at the time of service. If the operator is not present, or cannot otherwise be personally served, the parking citation must be personally served upon the registered owner of the vehicle by affixing the parking citation to the vehicle in a conspicuous place.(2) An operator of a vehicle who is not the vehicle's owner, but who uses or operates the vehicle with the express or implied permission of the owner, shall be considered the owner's agent authorized to receive a parking citation required to be served upon the registered owner or operator of a vehicle in accordance with the provisions of this section.(3) The original parking citation must be signed by the issuing officer. A citation that is machine- or electronically-produced need not be signed.(4) The original and all copies of a parking citation are prima facie evidence that the parking citation was issued and that an attempt at service was made in accordance with the provisions of this section.(c) The following procedures will apply for administrative citations.(1) Any person who is issued an administrative citation, or for whose vehicle a citation is issued, shall pay the fine, in person or by mail, to the parking administration office, no later than the tenth calendar day after the citation is issued. If payment is not received or postmarked within the ten days, and no administrative review has been requested by the person, such failure shall be considered an admission of liability for the parking violation fine, and a $5.00 late charge will be assessed.(2) If a person wishes to appeal a citation, he/she may do so in accordance with subsection (f) of this section.(3) Unpaid fines and charges for parking offenses will be recorded in the name of the permit holder or in the name of the registered owner of the vehicle as shown in the records of the Texas Department of Transportation.(4) Unpaid fines and charges for other violations will be recorded in the name of the person driving the vehicle.(5) Persons with one or more unpaid fines or charges recorded in their name shall be subject to the following actions.(A) If the unpaid charges are in the name of a person who has a parking privilege, forfeiture of that privilege will be initiated under §3.172 of this title (relating to Forfeiture of Parking Privilege).(B) The person shall be given a written notice that any vehicle registered in the person's name is placed on an impoundment list and will be impounded or immobilized, under §3.173 of this title (relating to Impoundment of Vehicles) if found parked in the Capitol Complex.(d) The following acts, when committed within the Capitol Complex or within other areas under the administration and control of the department as provided by §3.161 of this title (relating to General) shall constitute parking violations for which either an administrative or court appearance citation may be issued:(1) parking overtime in a space which is limited in time by meters or signs, or parking overtime in a loading zone;(2) moving a barricade or parking within any barricaded area;(3) parking on any lawn, curb, sidewalk, or any area which creates an obstruction to vehicular or pedestrian traffic;(4) parking in a "No Parking" area;(5) parking within 15 feet of a fire plug or within a fire zone;(6) failing to park within a lined parking space. Vehicles shall be parked within the boundaries of the designated lined spaces. The fact that other vehicles are parked improperly shall not constitute an excuse for parking with any part of the vehicle over the line;(7) parking in a loading zone except while loading or unloading;(8) parking over 18 inches from the curb or parking stop, measured from any part of the car body facing the curb or parking stop;(9) parking with the rear of the vehicle facing the curb or parking stop;(10) parking in a space or facility other than the one assigned, unless authorization has been obtained;(11) parking in a designated parking area without displaying proper permit;(12) parking upon any unmarked or unimproved area which has not been designated for parking;(13) double-parking on the roadway side of a vehicle stopped or parked at the edge or curb of a street;(14) parking in a handicapped space without displaying a proper permit;(15) possession or use of a lost/stolen or forged permit;(16) possession or use of a current permit that has been defaced or altered;(17) oversized vehicle in a stall marked for small or compact vehicles;(18) blocking or impeding a crosswalk, driveway, or alley;(19) parking in a state parking facility by an employee who has lost his/her parking privileges due to forfeiture;(20) parking on a public street within the Capitol Complex of a vehicle which is owned or operated by a state employee who has been issued a current parking permit which authorizes parking in a lot or garage within the Capitol Complex;(21) parking in a parking space designated for visitors to the Capitol Complex, when the vehicle is owned or operated by a state employee whose principal place of employment is within the Capitol Complex;(22) removing, or moving a vehicle to which is attached, an immobilization device which was placed on the vehicle under §3.173(f) of this title (relating to Immobilization of Vehicles). If damage results to the immobilization device, such a violation will be prosecuted under the applicable provisions of the Penal Code;(23) displaying a handicapped permit issued to another person; or(24) permit a person, other than the state employee that the permit is assigned, to use a parking permit for a purpose other than state employee parking. (A parking administration officer shall remove parking permits from these vehicles and seize any hang tag permits found in violation of this section).(e) The following shall constitute other traffic violations for which the penalty shall be a fine set by a court in accordance with applicable law:(1) speeding, i.e., operating a motor vehicle on state property in excess of 15 miles per hour;(2) violation of a provision contained within subsection (d) of this section; or(3) other violations of Texas Transportation Code, Chapters 541-600.(f) Any person who has received an administrative citation may appeal the citation in accordance with this section.(1) Administrative review.(A) Any person who has received an administrative citation may request that the citation be reviewed by the department. If the request is not made within ten days, the citation is deemed final.(B) The review will be made by a hearing officer appointed by the department. The person who received the citation may request that the review be done in person, and may bring evidence or witness(es) to present to the person conducting the review. The person may also request that the department officer who issued the citation be present to provide evidence. The hearing will not be conducted under formal rules of evidence.(C) After reviewing the circumstances of the administrative citation, the hearing officer may order the payment of the administrative fine or the cancellation of such charges. If the citation is upheld and the appealing party fails to pay the charges or to request an appeal within ten calendar days of the decision, a $5.00 late charge will be assessed on the citation.(D) The appealing party will be notified in writing of the decision regarding the review.(2) Court appeal from administrative review decision.(A) Any person who has requested a review of an administrative citation and who is not satisfied with the decision may file a written request for a court hearing. If a court hearing is requested, the appeal will be to the court, either municipal or justice, in which the department is currently filing court appearance citations.(B) Any person who wishes a court hearing must file a written request within ten calendar days from the decision date shown on the review decision form. When the request is received, parking administration will file a complaint with the appropriate court and issue a court appearance citation. A copy of the citation will be mailed to the appealing party along with information on how and when to contact the court.(3) Failure to discharge administrative citation. If a person fails to discharge an administrative citation, either by payment of the fine or by appropriate appeal, the unpaid charges will be entered under his name and he will become subject to forfeiture of his parking privilege under §3.172 of this title (relating to Forfeiture of Parking Privilege) and/or impoundment or immobilization of any vehicle registered in the person's name under §3.173 of this title (relating to Impoundment or Immobilization of Vehicles).(g) Liability of the Vehicle Owner; Presumption of Liability.(1) Except as provided in this subsection, the registered owner and the operator of a vehicle when not the same, shall both be liable for a parking violation charge, unless the owner proves that the vehicle was operated without his express or implied consent. Payment of the administrative fine and late charges, if any, shall operate as final disposition of the parking violation charge.(2) A vehicle owner who is engaged in the business of renting or leasing vehicles under written rental or leasing agreements shall not be liable for a fine, late fee, or costs imposed for a parking violation on a rented or leased vehicle if, within ten days after receiving written notice of a parking violation, the owner provides in affidavit form the true name, address and driver's license number and state of issuance of the person in possession of the vehicle at the time the parking citation was issued, or a true copy of the lease or rental agreement in effect at the time the parking citation was issued. A lessor of a vehicle who fails to comply with this provision shall be treated as any other vehicle owner and shall be liable with the vehicle operator for any fine or late charge associated with the violation.(3) It is a defense to any charge of a parking violation that, at the time of the violation, the illegally parked vehicle was reported to a law enforcement agency as having been stolen prior to the time of the violation and had not yet been recovered.(4) In any hearing or trial to adjudicate a parking citation, it is presumed that the registered owner of a vehicle for which the citation was issued is the person who stopped, stood or parked the vehicle at the time and place of the parking violation. Proof of ownership may be made by a computer-generated record of the registration of the vehicle with the Texas Department of Transportation showing the name of the person to whom state license plates were issued. This proof is prima facie evidence of the ownership of the vehicle by the person to whom the certificate of registration was issued.</content><note type="source"><p>Source Note: The provisions of this §3.171 adopted to be effective March 9, 2004, 29 TexReg 2374; amended to be effective February 25, 2010, 35 TexReg 1469.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.172"><num value="3.172">§3.172</num><heading>Forfeiture of Parking Privilege</heading><content>(a) A state employee parking permit may be forfeited for any of the following reasons:(1) failure to pay one or more parking citation(s) issued by the Texas Department of Public Safety;(2) nonpayment of assessed parking fees;(3) falsifying data on an application for a parking permit;(4) subleasing a parking assignment;(5) display or use of a permit or decal which has been altered, or which has been defaced to the extent that information contained on it is illegible;(6) displaying a handicap permit issued to another person;(7) allowing a parking permit to be used by someone other than the person it is issued to;(8) the use of a parking permit for any other purpose than state employment; or(9) noncompliance with the parking regulations established by the parking administration.(b) The forfeiture periods.(1) The forfeiture period for an individual's first violation of administrative rules listed in subsection (a) of this section shall be 90 days.(2) The forfeiture period for an individual's second violation of administrative rules listed in subsection (a) of this section shall be 180 days.(3) The forfeiture period for an individual's third and/or subsequent violation(s) of administrative rules listed in subsection (a) of this section shall be for a period of one year.(c) Upon receipt of information which constitutes prima facie justification for forfeiting of a parking privilege, the parking administration shall send the employee a letter that contains the following:(1) statement of grounds for the forfeiture;(2) statement that the forfeiture will be effective at 5 p.m. on the tenth day following the date of the letter;(3) statement that the employee's vehicle shall be subject to removal and impoundment if found parked in the Capitol Complex after the forfeiture is effective; and(4) instructions on how and when to file an appeal.(d) An appeal must comply with the following:(1) a written response must be filed with the parking administration no later than the fifth day following the date of the letter giving notice of forfeiture; and(2) must contain specific reasons why the individual's parking privilege should not be forfeited.(e) A decision on the appeal shall be made by the Parking Appeals Council as defined in subsection (j) of this section.(f) The Parking Appeals Council may uphold the forfeiture, cancel the forfeiture, or reduce the length of time the forfeiture will be in effect.(g) In any event, the parking privilege may not be renewed until payment of any outstanding parking fines or fees have been paid.(h) The employee will be notified in writing of the decision of the Parking Appeals Council.(i) The decision of the Parking Council will be final.(j) Appointment of members of the Parking Appeals Council.(1) The Parking Appeals Council will be comprised of three members appointed by the department.(2) One member will be appointed from the staff of the department and two members will be appointed from the parking coordinators from other state agencies.(3) The initial appointment will be as follows.(A) One member will be appointed for three months.(B) One member will be appointed for six months.(C) One member will be appointed for nine months.(4) Each future appointment will be for a six-month period.</content><note type="source"><p>Source Note: The provisions of this §3.172 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.173"><num value="3.173">§3.173</num><heading>Impoundment or Immobilization of Vehicles</heading><content>(a) When authorized by law or when necessary to protect the public health, safety, or welfare or to promote and protect a critical state function, the department may impound or cause to be removed any vehicle presenting such an obstacle.(b) When unpaid parking fines or charges are recorded or an employee's parking privileges have been forfeited, the department will send a letter to the last known address of the person notifying the person that any vehicle owned by the person is subject to being impounded or immobilized if found parked in the Capitol Complex.(c) Vehicles shall be impounded by or at the direction of the department. The vehicle impounded shall not be released until all towing and storage fees have been paid. If the vehicle is impounded because of an accumulation of one or more unpaid parking offense fines or late charges, payment of all outstanding parking fines and charges relating to the vehicle, or which are owed by its owner or operator, must be made to the department before release of the vehicle.(d) The department shall not be responsible for any fees, costs, or damages resulting from vehicle removal, impoundment, or immobilization.(e) Impoundment. A vehicle is subject to impoundment under the following circumstances:(1) parking in a handicapped or reserved space without displaying proper permit or displaying a handicapped permit issued to another person;(2) possession or use of a lost, stolen, or forged permit, or one which has been altered, or defaced to the extent that information contained on it is illegible;(3) parking on a state parking facility when parking privileges have been forfeited;(4) parking within any barricaded area;(5) parking a vehicle on any lawn, curb, sidewalk, or in any manner which creates an obstruction to vehicular or pedestrian traffic or that may damage state property;(6) parking in a "No Parking" zone or fire zone;(7) accumulation of one or more unpaid parking offense fines or late charges;(8) when authorized under Texas Transportation Code, §545.305; or(9) abandonment of a vehicle within the Capitol Complex. A vehicle is considered to be abandoned if it is left on the complex for more than 48 hours without the approval of the parking administration. This does not apply to state owned vehicles.(f) Immobilization.(1) The immobilization of a vehicle will be by placing a device on the vehicle that prohibits movement of the motor vehicle.(2) A vehicle is subject to immobilization upon the accumulation of one or more unpaid parking offense fines or late charges.(3) Upon immobilization of a vehicle, the Highway Patrol Service will place a notice on the vehicle in a conspicuous place advising the owner or operator that movement of the vehicle will cause damage to the vehicle or the immobilization device, possible bodily injury to the person attempting to operate the vehicle, and that such movement of the vehicle or removal of, or damage to, the device is a separate offense for which a citation will be issued. The notice shall provide the owner or operator with information on how to contact the Highway Patrol Service in order to arrange for release of the vehicle, and of the procedure for requesting a hearing.(4) Payment of all outstanding parking fines and charges relating to the vehicle, or which are owed by its owner or operator, must be made before removal of the device.(5) The immobilizing device will remain in place for 24 hours unless the owner or operator has paid all outstanding parking fines and charges as required by this section. If such payment has not occurred within 24 hours, the vehicle may be impounded, at the discretion of the Highway Patrol Service. A vehicle impounded under such circumstances will not be released from impoundment until payment is made for all unpaid parking fines and charges, as well as costs of towing and storage.(g) Hearings.(1) The owner of a vehicle which has been impounded without the consent of the owner may request a hearing under the provisions of Texas Transportation Code, Chapter 685, by delivering a written request for a hearing to the appropriate court before the 14th day after the date the vehicle was removed and placed in a vehicle storage facility. Notice to the vehicle owner as to the hearing is provided by the vehicle storage facility.(2) The owner of a vehicle which has been immobilized under §3.173 of this title (relating to Impoundment or Immobilization of Vehicles) is entitled to a post-immobilization hearing to determine the validity of such immobilization. Such hearing must be requested within ten days after the vehicle is immobilized and shall be conducted by a hearing officer appointed to conduct such hearings. The post immobilization hearing will not be determinative of or adjudicate any citation issued relative to any immobilized vehicle. A hearing requested under this procedure will be conducted within two working days of the receipt of a request for such hearing. If the owner or operator requests a hearing and seeks immediate release of the vehicle, the owner must deposit with the Highway Patrol Service the amount of the outstanding parking fines and charges, and pay fees required for towing and storage if the vehicle has been impounded. If the owner or operator requests a hearing without the immediate release of the vehicle, the vehicle will remain immobilized or impounded until the hearing is completed. However, if the immobilized vehicle has not yet been impounded at the time when the person requests a hearing, then the Highway Patrol Service may, if the vehicle does not constitute a safety hazard, leave the vehicle in the place where it was immobilized until the conclusion of the hearing. The hearing will not be conducted under formal rules of evidence, but will be limited to the issue of the existence of one or more unpaid parking violation fines or charges.</content><note type="source"><p>Source Note: The provisions of this §3.173 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.174"><num value="3.174">§3.174</num><heading>Normal Duty Hours</heading><content>Assignments on surface lots or in garages shall allow the permitted employee to utilize the assignment only on state working days, including skeleton holidays, during the hours of 7 a.m. through 6 p.m.</content><note type="source"><p>Source Note: The provisions of this §3.174 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.175"><num value="3.175">§3.175</num><heading>Other Uses of State Parking Areas</heading><content>The Texas Department of Public Safety may authorize use of state parking areas outside of normal working hours for other purposes.</content><note type="source"><p>Source Note: The provisions of this §3.175 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c3/scK/s3.176"><num value="3.176">§3.176</num><heading>Visitor Parking</heading><content>(a) Visitor parking shall be for the exclusive use of visitors to the complex.(b) A state employee may use a space designated by the department as visitor parking only if his/her principal place of employment is outside the Capitol Complex.</content><note type="source"><p>Source Note: The provisions of this §3.176 adopted to be effective March 9, 2004, 29 TexReg 2374.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c4"><num value="4">CHAPTER 4</num><heading>COMMERCIAL VEHICLE REGULATIONS AND ENFORCEMENT PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c4/scA"><num value="A">SUBCHAPTER A</num><heading>REGULATIONS GOVERNING HAZARDOUS MATERIALS</heading><section identifier="/us/state/tx/tac/t37/p1/c4/scA/s4.1"><num value="4.1">§4.1</num><heading>Transportation of Hazardous Materials</heading><content>(a) The director of the Texas Department of Public Safety incorporates, by reference, the Federal Hazardous Materials Regulations, Title 49, Code of Federal Regulations, Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart E), and 180, including all interpretations thereto, for commercial vehicles operated in intrastate, interstate, or foreign commerce, as amended through December 1, 2023. All other references in this section to the Code of Federal Regulations also refer to amendments and interpretations issued through December 1, 2023.(b) Explanations and Exceptions.(1) Certain terms when used in the federal regulations as adopted in subsection (a) of this section will have the following meanings, unless the context clearly indicates otherwise.(A) Motor carrier--Has the meaning assigned by Texas Transportation Code, §643.001(6).(B) Hazardous material shipper--A consignor, consignee, or beneficial owner of a shipment of hazardous materials.(C) Interstate or foreign commerce--All movements by commercial motor vehicle, both interstate and intrastate, over the streets and highways of this state.(D) Department--The Texas Department of Public Safety.(E) Federal Motor Carrier Safety Administration (FMCSA) field administrator--The director of the Texas Department of Public Safety or the designee of the director for vehicles operating in intrastate commerce.(F) Farm vehicle--Any vehicle or combination of vehicles controlled and/or operated by a farmer or rancher being used to transport agriculture products, farm machinery, and farm supplies to or from a farm or ranch.(G) Private carrier--Any person not included in the terms "common carrier by motor vehicle" or "contract carrier by motor vehicle" who transports by commercial motor vehicle property of which the person is the owner, lessee, or bailee, when such transportation is for the purpose of sale, lease, rent or bailment, or in furtherance of commerce.(2) All references in Title 49, Code of Federal Regulations, Parts 107 (Subpart G), 171 - 173, 177, 178, 179 (Subpart E), and 180 made to other modes of transportation, other than by motor vehicles operated on streets and highways of this state, will be excluded and not adopted by this department.(3) Regulations adopted by this department, including the federal motor carrier safety regulations, will apply to farm tank trailers used exclusively to transport anhydrous ammonia from the dealer to the farm. The usage of non-specification farm tank trailers by motor carriers to transport anhydrous ammonia must be in compliance with Title 49, Code of Federal Regulations, §173.315(m).(4) The reporting of hazardous material incidents as required by Title 49, Code of Federal Regulations, §171.15 and §171.16 for shipments of hazardous materials by highway is adopted by the department.(5) Regulations adopted by this department, including the federal motor carrier safety regulations, will apply to an intrastate motor carrier transporting a flammable liquid petroleum product in a cargo tank. The usage of non-specification cargo tanks by motor carriers for the intrastate transportation of flammable liquid petroleum products must be in compliance with Title 49, Code of Federal Regulations, §173.8.(6) Regulations and exceptions adopted herein are applicable to all drivers and vehicles transporting hazardous materials in interstate, foreign, or intrastate commerce.(7) Nothing in this section shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee safety and health.(8) Penalties assessed for violations of the regulations adopted herein will be based upon the provisions of Texas Transportation Code, Chapter 644, and §4.16 of this title (relating to Administrative Penalties, Payment, Collection, and Settlement of Penalties).(9) A peace officer certified, in accordance with §4.13 of this title (relating to Authority to Enforce, Training and Certificate Requirements), to enforce the Federal Hazardous Material Regulations, as adopted in this section, may declare a vehicle out-of-service using the North American Standard Hazardous Materials Out-of-Service Criteria as a guideline.</content><note type="source"><p>Source Note: The provisions of this §4.1 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3030; amended to be effective September 22, 2005, 30 TexReg 6064; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4441; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective April 30, 2007,32TexReg 2370; amended to be effective August 16, 2007, 32 TexReg 5033; amended to be effective January 2, 2008, 32 TexReg 10056; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective December 10, 2008, 33 TexReg 10048; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective November 8, 2010, 35 TexReg 9918; amended to be effective May 10, 2011, 36 TexReg 2994; amended to be effective June 26, 2012, 37 TexReg 4601; amended to be effective July 6, 2014, 39 TexReg 5190; amended to be effective October 21, 2015, 40 TexReg 7245; amended to be effective May 9, 2016, 41 TexReg 3314; amended to be effective January 9, 2018, 43 TexReg 95; amended to be effective June 29, 2021, 46 TexReg 3937; amended to be effective January 8, 2023, 48 TexReg 50; amended to be effective June 9, 2024, 49 TexReg 4058.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scA/s4.2"><num value="4.2">§4.2</num><heading>On-Site Coordination of Hazardous Material Transportation Emergencies</heading><content>(a) The Texas Department of Public Safety will be responsible for on-site coordination of transportation emergencies for all unincorporated areas and may assume the on-site coordination role within cities when requested to do so by local government.(b) The initial Texas Department of Public Safety commissioned law enforcement officer who responds, on site, will be responsible for the on-site coordination of transportation emergencies, as provided in subsection (c) of this section. This officer shall perform the coordination responsibility until relieved by appropriate Department of Public Safety authority or the incident is concluded.(c) On-site coordination of hazardous material transportation emergencies may include, but not be limited to:(1) assessing the seriousness and magnitude of the incident;(2) identifying the type of hazardous material;(3) notifying the appropriate communications center;(4) controlling access to the location;(5) determining if evacuation is necessary;(6) assisting in evacuation;(7) providing safe traffic control;(8) notifying and communicating with special response teams;(9) communicating with transportation carrier;(10) notifying and requesting appropriate state agency response teams;(11) responding to any other emergency needs; and(12) performing any other functions necessary to facilitate a safe and successful conclusion of the incident.(d) Officers of the department have duty to make emergency rules when normal operating procedures prove inadequate pursuant to §3.42 of this title (relating to Making of Emergency Rules).</content><note type="source"><p>Source Note: The provisions of this §4.2 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c4/scB"><num value="B">SUBCHAPTER B</num><heading>REGULATIONS GOVERNING TRANSPORTATION SAFETY</heading><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.11"><num value="4.11">§4.11</num><heading>General Applicability and Definitions</heading><content>(a) The director of the Texas Department of Public Safety incorporates, by reference, the Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385 - 387, 390 - 393, and 395 - 397 including all interpretations thereto, as amended through September 1, 2022. All other references in this subchapter to the Code of Federal Regulations also refer to amendments and interpretations issued through September 1, 2022. The rules detailed in this section ensure:(1) a commercial motor vehicle is safely maintained, equipped, loaded, and operated;(2) the responsibilities imposed on a commercial motor vehicle's operator do not impair the operator's ability to operate the vehicle safely;(3) the physical condition of a commercial motor vehicle's operator enables the operator to operate the vehicle safely;(4) commercial motor vehicle operators are qualified, by reason of training and experience, to operate the vehicle safely; and(5) the minimum levels of financial responsibility for motor carriers of property or passengers operating commercial motor vehicles in interstate, foreign, or intrastate commerce is maintained as required.(b) Certain terms, when used in the federal motor carrier safety regulations as adopted in subsection (a) of this section, have the following meanings, unless the context clearly indicates otherwise.(1) Motor carrier--Has the meaning assigned by Texas Transportation Code, §643.001(6) when vehicles operated by the motor carrier meet the applicability requirements of subsection (c) of this section.(2) Hazardous material shipper--A consignor, consignee, or beneficial owner of a shipment of hazardous materials.(3) Interstate or foreign commerce--All movements by motor vehicle, both interstate and intrastate, over the streets and highways of this state.(4) Department--The Texas Department of Public Safety.(5) Director--The director of the Texas Department of Public Safety or the designee of the director.(6) Federal Motor Carrier Safety Administration (FMCSA)--The director of the Texas Department of Public Safety for vehicles operating in intrastate commerce.(7) Farm vehicle--Any vehicle or combination of vehicles controlled and/or operated by a farmer or rancher being used to transport agriculture commodities, farm machinery, and farm supplies to or from a farm or ranch.(8) Commercial motor vehicle--Has the meaning assigned by Texas Transportation Code, §548.001(1) if operated intrastate; commercial motor vehicle has the meaning assigned by Title 49, Code of Federal Regulations, §390.5 if operated interstate.(9) Foreign commercial motor vehicle--Has the meaning assigned by Texas Transportation Code, §648.001.(10) Agricultural commodity--Has the meaning as defined in Title 49, Code of Federal Regulations, §395.2 and includes wood chips.(11) Planting and harvesting seasons--Are January 1 to December 31.(12) Producer--A person engaged in the business of producing or causing to be produced for commercial purposes an agricultural commodity. The term includes the owner of a farm on which the commodity is produced and the owner's tenant or sharecropper.(13) Off-road motorized construction equipment--Includes, but is not limited to, motor scrapers, backhoes, motor graders, compactors, excavators, tractors, trenchers, bulldozers, and other similar equipment routinely found at construction sites and that is occasionally moved to or from construction sites by operating the equipment short distances on public highways. Off-road motorized construction equipment is not designed to operate in traffic and such appearance on a public highway is only incidental to its primary functions. Off-road motorized construction equipment is not considered to be a commercial motor vehicle as that term is defined in Texas Transportation Code, §644.001.(14) The phrase "The commercial driver's license requirements of part 383 of this subchapter" as used in Title 49, Code of Federal Regulations, §382.103(a)(1) shall mean the commercial driver's license requirements of Texas Transportation Code, Chapter 522.(15) For purposes of removal from safety-sensitive functions for prohibited conduct as described in Title 49, Code of Federal Regulations, §382.501(c), commercial motor vehicle means a vehicle subject to the requirements of Texas Transportation Code, Chapter 522 and a vehicle subject to §4.22 of this title (relating to Contract Carriers of Certain Passengers), in addition to those vehicles enumerated in Title 49, Code of Federal Regulations, §382.501(c).(c) Applicability.(1) The FMCSA regulations are applicable to the vehicles detailed in subparagraphs (A) - (G) of this paragraph:(A) a vehicle or combination of vehicles with an actual gross weight or a gross weight rating in excess of 26,000 pounds when operating intrastate;(B) a farm vehicle or combination of farm vehicles with an actual gross weight or a gross weight rating of 48,000 pounds or more when operating intrastate;(C) a vehicle designed or used to transport more than 15 passengers, including the driver;(D) a vehicle transporting hazardous material requiring a placard;(E) a foreign commercial motor vehicle that is owned or controlled by a person or entity that is domiciled in or a citizen of a country other than the United States;(F) a contract carrier transporting the operating employees of a railroad on a road or highway of this state in a vehicle designed to carry 15 or fewer passengers; and(G) a covered farm vehicle as defined in Texas Transportation Code, §522.004 and in Title 49, Code of Federal Regulations, §390.5 qualifies for the commercial driver license (CDL) exemption only when a gross vehicle weight (GVW) or gross vehicle weight rating (GVWR), whichever is greater, of more than 26,001 lbs. is operated in intrastate commerce. All other covered farm vehicle exemptions apply in intrastate commerce at a GVW or GVWR of 48,000 lbs. or more.(2) The regulations contained in Title 49, Code of Federal Regulations, §392.9a, and all interpretations thereto, are applicable to motor carriers operating exclusively in intrastate commerce and to the intrastate operations of interstate motor carriers that have not been federally preempted by the United Carrier Registration Act of 2005. The term "operating authority" as used in Title 49, Code of Federal Regulations, §392.9a, for the motor carriers described in this paragraph, shall mean compliance with the registration requirements found in Texas Transportation Code, Chapter 643. For purposes of enforcement of this paragraph, peace officers certified to enforce this chapter, shall verify that a motor carrier is not registered, as required in Texas Transportation Code, Chapter 643, before placing a motor carrier out-of-service. Motor carriers placed out-of-service under Title 49, Code of Federal Regulations, §392.9a may request a review under §4.18 of this title (relating to Intrastate Operating Authority Out-of-Service Review). All costs associated with the towing and storage of a vehicle and load declared out-of-service under this paragraph shall be the responsibility of the motor carrier and not the department or the State of Texas.(3) All regulations contained in Title 49, Code of Federal Regulations, Parts 40, 380, 382, 385 - 387, 390 - 393 and 395 - 397, and all interpretations thereto pertaining to interstate drivers and vehicles are also adopted except as otherwise excluded.(4) A medical examination certificate, issued in accordance with Title 49, Code of Federal Regulations, §§391.14, 391.41, 391.43, and 391.45, shall expire on the date indicated by the medical examiner; however, no such medical examination certificate shall be valid for more than two years from the date of issuance.(5) Nothing in this section shall be construed to prohibit an employer from requiring and enforcing more stringent requirements relating to safety of operation and employee health and safety.</content><note type="source"><p>Source Note: The provisions of this §4.11 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective April 30, 2007, 32TexReg 2370; amended to be effective August 16, 2007, 32 TexReg 5034; amended to be effective January 2, 2008, 32 TexReg 10056; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective December 10, 2008, 33 TexReg 10048; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective November 8, 2010, 35 TexReg 9919; amended to be effective May 10, 2011, 36 TexReg 2995; amended to be effective June 26, 2012, 37 TexReg 4602; amended to be effective July 6, 2014, 39 TexReg 5190; amended to be effective March 29, 2015, 40 Texeg 1859; amended to be effective July 27, 2016, 41 TexReg 5432; amended to be effective January 9, 2018, 43 TexReg 95; amended to be effective June 20, 2018, 43 TexReg 3909; amended to be effective October 16, 2018, 43 TexReg 6845; amended to be effective August 15, 2019, 44 TexReg 4192; amended to be effective September 13,2020, 45 TexReg 6378; amended to be effective June 29, 2021, 46 TexReg 3937; amended to be effective January 8, 2023, 48 TexReg 51.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.12"><num value="4.12">§4.12</num><heading>Exemptions and Exceptions</heading><content>(a) Exemptions to the adoptions in §4.11 of this title (relating to General Applicability and Definitions) are made pursuant to Texas Transportation Code, §§644.052 - 644.054, and are adopted as follows:(1) Such regulations shall not apply to the vehicles detailed in subparagraphs (A) - (C) of this paragraph when operated intrastate:(A) a vehicle used in oil or water well servicing or drilling which is constructed as a machine consisting in general of a mast, an engine for power, a draw works, and a chassis permanently constructed or assembled for such purpose or purposes;(B) a mobile crane which is an unladen, self-propelled vehicle constructed as a machine used to raise, shift, or lower weights; or(C) a vehicle transporting seed cotton.(2) The provisions of Title 49, Code of Federal Regulations, §395.3 shall not apply to intrastate commerce. Drivers in intrastate commerce will be permitted to drive 12 hours following 8 consecutive hours off duty. Drivers in intrastate commerce may not drive after having been on duty 15 hours, following 8 consecutive hours off duty. Drivers in intrastate commerce violating the 12 or 15 hour limits provided in this paragraph shall be placed out-of-service for 8 consecutive hours. Drivers of vehicles operating in intrastate commerce shall be permitted to accumulate the equivalent of 8 consecutive hours off duty by taking a combination of at least 8 consecutive hours off duty and sleeper berth time; or by taking two periods of rest in the sleeper berth, providing:(A) neither rest period in the sleeper berth is shorter than 2 hours duration;(B) the driving time in the period immediately before and after each rest period in the sleeper berth, when added together, does not exceed 12 hours;(C) the on duty time in the period immediately before and after each rest period in the sleeper berth, when added together, does not include any driving time after the 15th hour; and(D) the driver may not return to driving subject to the normal hours of service requirements in this subsection without taking at least 8 consecutive hours off duty, at least 8 consecutive hours in the sleeper berth, or a combination of at least 8 consecutive hours off duty and sleeper berth time.(3) Drivers in intrastate commerce who are not transporting placardable hazardous materials and were regularly employed in Texas as commercial vehicle drivers prior to August 28, 1989, are not required to meet the medical standards contained in the federal regulations.(A) For the purpose of enforcement of this regulation, those drivers who reached their 18th birthday on or after August 28, 1989, shall be required to meet all medical standards.(B) The exceptions contained in this paragraph shall not be deemed as an exemption from drug and alcohol testing requirements contained in Title 49, Code of Federal Regulations, Part 40 and Part 382.(4) The maintenance of a driver's record of duty status is not required if the vehicle is operated within a 150 air-mile radius of the driver's normal work reporting location if:(A) the driver returns to the normal work reporting location and is released from work within 14 consecutive hours;(B) the driver has at least 8 consecutive hours off duty separating each 14 hours on duty; and(C) the motor carrier that employs the driver maintains and retains for a period of 6 months true and accurate time and business records which include:(i) the time the driver reports for duty each day;(ii) the total number of hours the driver is on duty each day;(iii) the time the driver is released from duty each day; and(iv) the total time on duty for the preceding seven days in accordance with Title 49, Code of Federal Regulations, §395.8(j)(2) for drivers used for the first time or intermittently.(5) An electronic logging device (ELD) and an automatic on-board recording device have the meaning as defined in Title 49, Code of Federal Regulations, §395.2.(6) Unless otherwise exempted, a motor carrier operating commercial motor vehicles intrastate shall require each of its drivers to record the driver's record of duty status:(A) Using an ELD that meets the requirements of subpart B of Title 49, Code of Federal Regulations, Part 395;(B) Using an automatic on-board recording device that meets the requirements of Title 49, Code of Federal Regulations, §395.15; or(C) Manually, recorded as specified in Title 49, Code of Federal Regulations, §395.8. The record of duty status must be recorded in duplicate for each 24-hour period for which recording is required.(7) Unless otherwise exempted, a motor carrier operating commercial motor vehicles intrastate must install and require each of its drivers to use an ELD to record the driver's duty status in accordance with Title 49, Code of Federal Regulations, Part 395.(8) The provisions of Title 49, Code of Federal Regulations, Part 395 shall not apply to drivers transporting agricultural commodities in intrastate commerce for agricultural purposes within a 150 air-mile radius from the source of the commodities or the distribution point for the farm supplies during planting and harvesting seasons.(b) Exceptions adopted by the director of the Texas Department of Public Safety not specified in Texas Transportation Code, §644.053, are:(1) Title 49, Code of Federal Regulations, §393.86, requiring rear-end protection shall not be applicable provided the vehicle was manufactured prior to September 1, 1991 and is used solely in intrastate commerce.(2) Drivers of vehicles under this section operating in intrastate transportation shall not be permitted to drive after having worked and/or driven for 70 hours in any consecutive seven-day period. A driver may restart a consecutive seven-day period after taking 34 or more consecutive hours off-duty. Drivers in intrastate transportation violating the 70 hour limit provided in this paragraph will be placed out-of-service until no longer in violation.(3) For drivers of commercial motor vehicles operating in intrastate transportation and used exclusively in the transportation of oilfield equipment, including the stringing and picking up of pipe used in pipelines, and servicing of the field operations of the natural gas and oil industry, any period of 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours.(4) For drivers of a commercial motor vehicle operating in intrastate transportation and used primarily in the transportation of construction materials and equipment, any period of 7 consecutive days may end with the beginning of any off-duty period of 24 or more successive hours. "Transportation of construction materials and equipment" has the meaning assigned by Title 49, Code of Federal Regulations, §395.2. (5) The provisions of Title 49, Code of Federal Regulations, §391.11(b)(1) shall not apply to intrastate commerce. The minimum age for an intrastate driver shall be 18 years of age. Intrastate drivers in violation of this paragraph shall be placed out-of-service until no longer in violation. (6) Texas Transportation Code, §547.401 and §547.404, concerning brakes on trailers weighing 15,000 pounds gross weight or less take precedence over the brake requirements in the federal regulations for trailers of this gross weight specification unless the vehicle is required to meet the requirements of Federal Motor Vehicle Safety Standard No. 121 (Title 49, Code of Federal Regulations §571.121) applicable to the vehicle at the time it was manufactured.(7) Title 49, Code of Federal Regulations, §390.23 (Relief from Regulations), is adopted for intrastate motor carriers with the exceptions detailed in subparagraphs (A) and (B) of this paragraph:(A) Title 49, Code of Federal Regulations, §390.23(a)(2) is not applicable to intrastate motor carriers making emergency residential deliveries of heating fuels or responding to a pipeline emergency, provided the carrier:(i) documents the type of emergency, the duration of the emergency, and the drivers utilized; and(ii) maintains the documentation on file for a minimum of six months. An emergency under this paragraph is one that if left unattended would result in immediate serious bodily harm, death, or substantial property damage but does not include routine requests to refill empty propane gas tanks.(B) The requirements of Title 49, Code of Federal Regulations, §390.23(c)(1) and (2), for intrastate motor carriers shall be:(i) the driver has met the requirements of Texas Transportation Code, Chapter 644; and(ii) the driver has had at least eight consecutive hours off-duty when the driver has been on duty for 15 or more consecutive hours, or the driver has had at least 34 consecutive hours off duty when the driver has been on duty for more than 70 hours in seven consecutive days.(8) The provisions of Title 49, Code of Federal Regulations, Part 380 (Subparts A - D) shall not apply to intrastate motor carriers and drivers.(9) In accordance with §4132 of the Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users (SAFETA-LU) (Pub. L. 109-59), the hours of service regulations in this subchapter are not applicable to utility service vehicles that operate in either interstate or intrastate commerce. Utility service vehicles are those vehicles operated by public utilities, as defined in the Public Utility Regulatory Act, the Gas Utility Regulatory Act, the Texas Water Code, Title 49, Code of Federal Regulations, §395.2, or other applicable regulations, and charged with the responsibility for maintaining essential services to the public to protect health and safety.(10) The United States Department of Transportation number requirements in Texas Transportation Code, Chapter 643 do not apply to vehicles/motor carriers operating exclusively in intrastate commerce and that are exempted from the requirements by Texas Transportation Code, §643.002.(11) Drivers of vehicles under this section, operating in intrastate transportation, who encounter adverse driving conditions and cannot, because of those conditions, safely complete the run within the maximum driving time or duty time during which driving is permitted under subsection (a)(2) of this section, may drive and be permitted or required to drive a commercial motor vehicle for not more than two additional hours beyond the maximum allowable hours permitted under subsection (a)(2) of this section to complete that run or to reach a place offering safety for the occupants of the commercial motor vehicle and security for the commercial motor vehicle and its cargo. Adverse driving conditions mean snow, sleet, fog, or other adverse weather conditions, a highway covered with snow or ice, or unusual road and traffic conditions, none of which were apparent on the basis of information known to the driver immediately prior to beginning the duty day or immediately before beginning driving after a qualifying rest break or sleeper berth period, or a motor carrier immediately prior to dispatching the driver.</content><note type="source"><p>Source Note: The provisions of this §4.12 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective August 16, 2007, 32 TexReg 5034; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective December 16, 2013, 38 TexReg 9063; amended to be effective September 28, 2016, 41 TexReg 7511; amended to be effective March 20, 2017, 42 TexReg 1256; amended to be effective October 16, 2018, 43 TexReg 6846; amended to be effective April 1, 2020, 45 TexReg 2208; amended to be effective October 13, 2020, 45 TexReg 7271; amended to be effective January 8, 2023, 48 TexReg 51; amended to be effective October 23, 2024, 49 TexReg 8473; amended to be effective December 11, 2025, 50 TexReg 7924.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.13"><num value="4.13">§4.13</num><heading>Authority to Enforce, Training and Certificate Requirements</heading><content>(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) Commercial vehicle inspector--(A) An officer of the department or a noncommissioned employee of the department who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department;(B) A municipal police officer from the cities listed in Texas Transportation Code, §644.101, acting within the territory of the municipality, who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department; and(C) A sheriff or deputy sheriff from the counties listed in Texas Transportation Code, §644.101, acting within the territory of the county, who meets the training and certification requirements contained in subsection (c) of this section and is certified by the department.(2) CVSA--The Commercial Vehicle Safety Alliance.(3) NAS--North American Standard.(4) Operational Policy 4--The Commercial Vehicle Safety Alliance's Operational Policy 4, titled "Inspector Training and Certification."(b) Authority to Enforce.(1) A commercial vehicle inspector, except for a noncommissioned employee of the department, may stop, enter, or detain on a highway, at a commercial vehicle inspection site, or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.(2) A commercial vehicle inspector who is a non-commissioned employee of the department may stop, enter, or detain at a commercial motor vehicle inspection site or at a port of entry a motor vehicle that is subject to Texas Transportation Code, Chapter 644.(3) A commercial vehicle inspector may prohibit the further operation of a vehicle on a highway, at a commercial vehicle inspection site, or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the NAS CVSA Out-of-Service Criteria as a guideline.(4) A commercial vehicle inspector who is certified to conduct CVSA Level VI inspections may prohibit the further operation of a vehicle transporting transuranic waste and highway route controlled quantities of radioactive materials on a highway, at a commercial vehicle inspection site, or at a port of entry if the vehicle or operator of the vehicle is in violation of Texas Transportation Code, Chapter 522, or a federal safety regulation or rule adopted under Texas Transportation Code, Chapter 644, by declaring the vehicle or operator out-of-service using the CVSA Level VI Out-of-Service Criteria as guidelines.(c) Training and Certification Requirements.(1) A commercial vehicle inspector, before being certified to enforce the Federal Motor Carrier Safety Regulations, must:(A) successfully complete the NAS Part A and Part B Roadside Inspection Course;(B) successfully complete the Texas Intrastate Roadside Inspection Course (Part C); and(C) participate in an on-the-job training program following completion of the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C) with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections should be completed as soon as practicable, but no later than six months after passing the Texas Intrastate Roadside Inspection Course (Part C) exam.(2) A commercial vehicle inspector, before being certified to enforce the Hazardous Materials Regulations, must:(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);(B) successfully complete the NAS General Hazardous Materials Inspection Course; and(C) participate in an on-the-job training program following completion of the NAS General Hazardous Materials Inspection Course with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on vehicles containing non-bulk quantities of hazardous materials. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS General Hazardous Materials Inspection Course exam.(3) A commercial vehicle inspector, before being certified to enforce the Cargo Tank Inspection requirements, must:(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);(B) successfully complete the NAS General Hazardous Materials Inspection Course;(C) successfully complete the NAS Cargo Tank Inspection Course; and(D) participate in an on-the-job training program following completion of the NAS Cargo Tank Inspection Course with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on vehicles transporting hazardous materials in cargo tanks conforming to the cargo tank inspection standards set forth in the current CVSA Operational Policy 4. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS Cargo Tank Inspection Course exam.(4) A commercial vehicle inspector, before being certified to enforce the Other Bulk Packaging requirements, must:(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);(B) successfully complete the NAS General Hazardous Materials Inspection Course;(C) successfully complete the NAS Cargo Tank Inspection Course; and(D) successfully complete the NAS Other Bulk Packaging Course.(5) A commercial vehicle inspector, before being certified to enforce the Passenger Carrying Vehicle Inspection requirements, must:(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);(B) successfully complete the NAS Passenger Carrying Vehicle Inspection Course; and(C) participate in an on-the-job training program following completion of the NAS Passenger Carrying Vehicle Inspection Course with a certified officer and perform the required number and level of inspections as set forth in the current CVSA Operational Policy 4. These inspections must be on passenger carrying vehicles, such as motorcoaches/buses. These inspections should be completed as soon as practicable, but no later than six months after passing the NAS Passenger Carrying Vehicle Inspection Course exam.(6) A commercial motor vehicle inspector, before being certified to conduct CVSA Level VI inspections on vehicles transporting transuranic waste and highway route-controlled quantities of radioactive materials, must:(A) successfully complete the NAS Part A and Part B Roadside Inspection Course and the Texas Intrastate Roadside Inspection Course (Part C);(B) successfully complete the NAS General Hazardous Materials Inspection Course; and(C) successfully complete the CVSA Level VI Inspection Course.(7) When the training is provided by the department, the department may collect fees in an amount sufficient to recover from municipalities and counties the cost of certifying its peace officers. The fees shall include:(A) the per diem costs of the instructors established in accordance with the Appropriations Act regarding in-state travel;(B) the travel costs of the instructors to and from the training site;(C) all course fees charged to the department;(D) all costs of supplies; and(E) the cost of the training facility, if applicable.(8) A public or private entity desiring to train police officers in the enforcement of the Federal Motor Carrier Safety Regulations must:(A) submit a schedule of the courses to be instructed;(B) submit an outline of the subject matter in each course;(C) submit a list of the instructors and the instructor's qualifications to be used in the training course;(D) submit a copy of the examination;(E) submit an estimate of the cost of the course;(F) receive approval from the director or the director's designee prior to providing the training course;(G) provide a list of all peace officers attending the training course, including the peace officer's name, rank, agency, social security number, dates of the course, and the examination score; and(H) receive from each peace officer, municipality, or county the cost of providing the training course(s).(d) Maintaining Certification.(1) In order to maintain the certification to enforce the Federal Motor Carrier Safety Regulations, a commercial vehicle inspector must:(A) Successfully complete the required annual certification training provided by the department; and(B) Perform the minimum number of inspections set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year and must be of the inspector's highest certified level.(2) In order to maintain the certification to enforce the Hazardous Materials Regulations, a commercial vehicle inspector must: (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and(B) perform the minimum number and level of inspections on vehicles containing bulk and/or non-bulk quantities of hazardous materials set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year.(3) In order to maintain the certification to enforce the Cargo Tank Inspection requirements, a commercial vehicle inspector must: (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations;(B) maintain the certification to enforce the Hazardous Materials Regulations; and(C) perform the minimum number and level of inspections on vehicles transporting hazardous materials in cargo tanks conforming to the cargo tank inspection standards set forth in the CVSA Operational Policy 4. These inspections must be per calendar year.(4) In order to maintain the certification to enforce the Other Bulk Packaging requirements, a commercial vehicle inspector must: (A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and(B) maintain the certification to enforce the Hazardous Materials Regulations.(5) In order to maintain the certification to enforce the Passenger Carrying Vehicle Inspection requirements, a commercial vehicle inspector must:(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations; and(B) perform the minimum number and level of inspections on passenger carrying vehicles, such as motorcoaches/buses, as set forth in the current CVSA Operational Policy 4. These inspections must be per calendar year.(6) In order to maintain the certification to enforce the CVSA Level VI inspections, a commercial vehicle inspector must:(A) maintain the certification to enforce the Federal Motor Carrier Safety Regulations;(B) maintain the certification to enforce the Hazardous Materials Regulations; and(C) successfully complete the required biennial CVSA Level VI recertification training provided by the department.(e) Inspections Encompassing More Than One Criterion.(1) Inspections encompassing more than one criterion will not count toward the initial certification of more than one type of inspection.(2) All inspections encompassing more than one criterion may be used to satisfy multiple maintenance of certification requirements for a commercial vehicle inspector, as applicable.(3) Both the department and commercial vehicle inspectors will adhere to the "Reference Chart for Calculating Annual Certification," as set forth in the current CVSA Operational Policy 4 when determining how an inspection encompassing more than one criterion satisfies the maintenance of certification requirements.(f) Decertification.(1) In the event a commercial vehicle inspector does not meet the requirements of this section, the commercial vehicle inspector's certification will be revoked or rescinded by the department. Such action will be initiated by the director or the director's designee.(2) To be recertified after a certification is revoked or rescinded, a commercial vehicle inspector must, at the discretion of the director or the director's designee, either successfully recomplete the applicable course(s) or pass the applicable examination(s) which may include the NAS Part A and Part B Roadside Inspection Course, the Texas Intrastate Roadside Inspection Course (Part C), the NAS General Hazardous Materials Inspection Course, the NAS Cargo Tank Inspection Course, the NAS Other Bulk Packaging Inspection Course, the NAS Passenger Carrying Vehicle Inspection Course, and/or the CVSA Level VI Inspection Course, and repeat the specified number of inspections set forth within the current CVSA Operational Policy 4 with a certified officer.(3) A commercial vehicle inspector who fails any examination or fails to successfully demonstrate proficiency in conducting inspections after allowing any certification to lapse, will be required to repeat the entire training process as outlined in subsection (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §4.13 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective January 28, 2007, 32 TexReg 245; amended to be effective January 2, 2008, 32 TexReg 10056; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective April 9, 2013, 38 TexReg 2227; amended to be effective October 8, 2013, 38 TexReg 6822; amended to be effective October 21, 2015, 40 TexReg 7245; amended to be effective January 9, 2018, 43 TexReg 96; amended to be effective September 24, 2019, 44 TexReg 5405; amended to be effective October 29, 2025, 50 TexReg 7017.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.14"><num value="4.14">§4.14</num><heading>Municipal and County Certification Requirements</heading><content>(a) Certain peace officers from an authorized municipality or county may be trained and certified to enforce the federal safety regulations provided the municipality or county:(1) executes a Memorandum of Understanding with the department concerning the working policies and procedures of the inspection program whereby the resources of all agencies will be maximized, duplication of efforts will be minimized, and uniformity in the inspection program will be maintained;(2) implements a program that ensures only their certified officers are conducting the inspections, utilizing only department approved forms, and following the inspection program guidelines approved by the department;(3) implements a program that ensures their officers perform the required number of inspections annually and successfully complete the required annual certification training to maintain the officers' certification;(4) agrees to immediately suspend, from performing commercial vehicle inspection and enforcement activities, authorized in this chapter, any officer that fails to maintain their certification or that fails to perform the inspections following the guidelines approved by the department;(5) agrees to notify the department within 10 days of a change in an officer's certification and provides a list to the department by January 31st of each year of the officers that have been suspended and are no longer certified;(6) provides all roadside inspection data to the department through electronic systems that are compatible with the department's system within 10 days of the inspection, and forwards paper copies immediately thereafter;(7) agrees to forward crash reports involving commercial motor vehicles to the Texas Department of Transportation no later than 10 days after the date of the crash investigation;(8) agrees to investigate and determine whether a correction to the data needs to be made when that data is challenged; to notify the motor carrier and the department in writing of the results of the investigation within 10 days; and then to make any needed corrections and forward the corrected reports to the department immediately;(9) acknowledges that the department may conduct random in-person observation of inspections conducted in order to ensure that the officers maintain practical proficiency in the commercial vehicle inspection program;(10) acknowledges that the primary purpose of certification to enforce federal safety regulations is to improve commercial vehicle safety and ensure voluntary compliance with applicable laws and regulations;(11) acknowledges that certification to enforce federal safety regulations may not be used as a primary method to generate program revenue through enforcement penalties or enhance criminal interdiction activities; and(12) acknowledges that officers certified to enforce federal safety regulations will not participate in secondary employment activities that present a conflict of interest related to their commercial vehicle enforcement duties.(b) Non-compliance with the provisions of the Memorandum of Understanding or the training, officer certification, or data-sharing requirements by the municipality or county, including timeliness of reporting data, or any other provision of this section, will constitute grounds to decertify the municipality's or county's authority to enforce the federal safety regulations.(c) The failure of a municipality or county to show activity to the department within a six (6) month period will constitute grounds to decertify the municipality or county.(d) Each municipality or county that has peace officers trained and certified to enforce the federal safety regulations shall be required to update and renew their Memorandum of Understanding with the department every two years on a staggered schedule to be determined by the department. If the initial Memorandum of Understanding with the department does not have an effective date shown, then the effective date shall be the date of acceptance by the department.(e) In determining whether a municipality meets the population threshold requirements of Texas Transportation Code, §644.101, the department will use either:(1) the most recent federal decennial census, or(2) a resolution or proclamation issued under the authority of the governing body of the municipality that attests and certifies that the population of the municipality, including the authorized extraterritorial jurisdiction of the municipality, meets or exceeds the population threshold amounts listed in Texas Transportation Code, §644.101.</content><note type="source"><p>Source Note: The provisions of this §4.14 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective May 10, 2011, 36 TexReg 2995; amended to be effective June 26, 2012, 37 TexReg 4602.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.15"><num value="4.15">§4.15</num><heading>Compliance Review and Safety Audit Programs</heading><content>(a) The rules in this subsection, as authorized by Texas Transportation Code, §644.155, establish procedures to determine the safety fitness of motor carriers, assign safety ratings, take remedial actions when necessary, assess administrative penalties when required, and prohibit motor carriers receiving a safety rating of "unsatisfactory" from operating a commercial motor vehicle. The department will use compliance reviews to determine the safety fitness of motor carriers and to assign safety ratings. The safety fitness determination will be assessed on intrastate motor carriers and the intrastate operations of interstate motor carriers based in Texas. Safety audits will be used to assess the safety management of interstate motor carriers that are part of the New Entrant Safety Assurance Program under Title 49, Code of Federal Regulation, Part 385, Subpart D. Definitions specific to the compliance review and safety audit programs shall have the following meanings unless the context shall clearly indicate otherwise.(1) Compliance review--An examination of motor carrier operations to determine whether a motor carrier meets the safety fitness standard.(2) Culpability--An evaluation of the blame worthiness of the violator's conduct or actions.(3) Imminent hazard--Any condition of vehicle, employees, or commercial vehicle operations which is likely to result in serious injury or death if not discontinued immediately.(4) Safety audit--An examination of a motor carrier's operations to provide educational and technical assistance on safety and the operational requirements of the Federal Motor Carrier Safety Regulations and applicable Hazardous Materials Regulations and to gather critical safety data needed to assess the carrier's safety performance and basic safety management controls. Safety audits do not result in safety ratings.(5) Satisfactory safety rating--A motor carrier has in place and functioning adequate safety management controls to meet the safety fitness standard prescribed in Title 49, Code of Federal Regulation, §385.5 and the state equivalents contained in Texas Transportation Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4. Safety management controls are adequate if they are appropriate for the size and type of operation of the particular motor carrier.(6) Conditional safety rating--A motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard that could result in the occurrences listed in Title 49, Code of Federal Regulations, §385.5(a) through (k) and the state equivalents contained in Texas Transportation Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4.(7) Unsatisfactory safety rating--A motor carrier does not have adequate safety management controls in place to ensure compliance with the safety fitness standard which has resulted in occurrences listed in Title 49, Code of Federal Regulations, Part 385.5(a) through (k) and the state equivalents contained in Texas Transportation Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4.(8) For the purposes of safety ratings, Final Departmental Decision is defined as:(A) the letter notifying the carrier of a satisfactory safety rating, issued under subsection (b)(3)(D) of this section;(B) the letter notifying the motor carrier of a conditional safety rating on the expiration of the time period in subsection (b)(3)(D)(ii) of this section, unless this changed earlier as a result of the department granting a request to change the safety rating or a departmental review;(C) the letter notifying the motor carrier of a final unsatisfactory safety rating issued under subsection (b)(3)(D)(iii) of this section; or(D) the letter notifying the motor carrier of a decision on a safety rating as a result of a request for a change of the safety rating or a departmental review.(b) Compliance Reviews.(1) Inspection of Premises.(A) An officer or a non-commissioned employee of the department who has been certified by the director may enter a motor carrier's premises to inspect lands, buildings, and equipment and copy or verify the correctness of any records, reports, or other documents required to be kept or made pursuant to the regulations adopted by the director in accordance with Texas Transportation Code, §644.155.(B) The officer or employee of the department may conduct the inspection:(i) at a reasonable time;(ii) on stating the purpose of the inspection; and(iii) by presenting to the motor carrier:(I) appropriate credentials; and(II) a written statement from the department to the motor carrier indicating the officer's or employee's authority to inspect.(C) Civil and Criminal Penalties for Refusal to Allow Inspection.(i) A person who does not permit an inspection authorized under Texas Transportation Code, §644.104, is liable to the state for a civil penalty not to exceed $1,000. The director may request that the attorney general sue to collect the penalty in the county in which the violation is alleged to have occurred or in Travis County.(ii) The civil penalty is in addition to the criminal penalty provided by Texas Transportation Code, §644.151.(iii) Each day a person refuses to permit an inspection constitutes a separate violation for purposes of imposing a penalty.(iv) Refusal to permit an inspection under Texas Transportation Code, §644.104 may be treated as an imminent hazard under subsection (d) of this section. The department may issue an order to cease the motor carrier's commercial vehicle operations under subsection (d), which will remain in effect until an inspection is permitted.(2) A compliance review will be conducted based upon:(A) unsatisfactory safety assessment factor evaluations;(B) written complaints concerning unsafe operation of commercial motor vehicles which are substantiated by documentation. Complaints for the purpose of this criterion include involvement in a fatality accident or the receipt of a 24-hour out-of-service notification based on violation(s) of Title 49, Code of Federal Regulations, §392.4 or §392.5 or Texas Transportation Code, §522.101;(C) follow-up investigations of motor carriers that have been the subject of an enforcement action, an administrative penalty, or the assessment of an unsatisfactory safety rating from the immediately previous compliance review;(D) requests from the legislature and state or federal agencies;(E) request for a safety rating determination or a change to a safety rating determination; or(F) a hazardous material incident as described in §4.1(b)(4) of this title (relating to Transportation of Hazardous Materials).(3) Safety Fitness Rating.(A) A safety fitness rating is based on the degree of compliance with the safety fitness standard for motor carriers.(B) A safety rating will be determined following a compliance review using the factors prescribed in Title 49, Code of Federal Regulations, §385.7. The safety ratings detailed in subparagraph (B)(i) - (iii) of this paragraph will be assigned:(i) satisfactory safety rating;(ii) conditional safety rating; or(iii) unsatisfactory safety rating.(C) The provisions of Title 49, Code of Federal Regulations, §385.13 relating to "unsatisfactory rated motor carriers; prohibition on transportation; ineligibility for Federal contracts" is hereby adopted by the department and is applicable to intrastate motor carriers except that intrastate motor carriers transporting more than 15 passengers or hazardous materials are prohibited from operation on the 46th calendar day after notice of the proposed unsatisfactory safety rating; all other intrastate motor carriers are prohibited from operation on the 61st calendar day after notice of the proposed unsatisfactory safety rating.(D) The department will provide written notification to the motor carrier of the assigned safety rating within 30 business days of the close-out date of the compliance review.(i) Notice of a satisfactory safety rating will be sent by regular U.S. Mail or personal delivery and is final upon receipt or mailing.(ii) Notice of a proposed conditional safety rating shall be sent by certified mail, registered mail, personal delivery, or another manner of delivery that records the receipt of the notice by the person responsible and will include a list of those items for which immediate corrective action must be taken. Unless changed by the department following a request for a change of safety rating or a department review, the conditional safety rating will become final without further notice on the 46th calendar day after notice of the proposed conditional safety rating for motor carriers transporting more than 15 passengers or hazardous materials requiring placarding under Part 172, Subpart F, of Title 49, Code of Federal Regulations, and on the 61st calendar day after notice of the proposed conditional rating for all other motor carriers. If the motor carrier requests a change of safety rating or a departmental review more than 15 days after the notice of proposed conditional safety rating, the conditional safety rating may become final before the department can complete its review.(iii) Notice of a proposed unsatisfactory safety rating shall be sent by certified mail, registered mail, personal delivery, or another manner of delivery to the motor carrier's last known location, address, electronic mail address, or facsimile number and will include a list of those items for which immediate corrective action must be taken. Within five (5) business days of the expiration of the time periods set out in paragraph (3)(C) of this subsection, the department will provide written notification of the final unsatisfactory safety rating and an order to cease all intrastate transportation, as provided in Title 49, Code of Federal Regulations, §385.13, by certified mail, registered mail, personal delivery, or another manner of delivery to the motor carrier's last known location, address, electronic mail address, or facsimile number. Electronic mail may be used for safety rating correspondence. If the motor carrier requests a change of safety rating or a departmental review more than 15 days after the notice of proposed unsatisfactory safety rating, the unsatisfactory safety rating may become final before the department can complete its review.(iv) A final unsatisfactory safety rating and order to cease all intrastate transportation, described in clause (iii) of this subparagraph, will become effective on the date specified in the notice of proposed safety rating unless extended by the department, in writing, under subparagraph (G)(v) or (vi) of this paragraph. The department will make and document reasonable efforts to provide a copy of the written final unsatisfactory safety rating and order to cease intrastate transportation to the carrier. However, if the notice of proposed safety rating was received by the motor carrier and adequately describes the effective date and consequences of failure to improve the motor carrier's safety rating, failure of the department to serve the final unsatisfactory safety rating and order to cease intrastate transportation will not delay its effective date.(E) In addition to any criminal penalties provided by statute, a motor carrier assessed an unsatisfactory safety rating who continues to operate in violation of the notifications to cease operations under Title 49, Code of Federal Regulations, §385.13 will be subject to a civil suit filed by the attorney general from a request from the director of the Texas Department of Public Safety. Each day of operation constitutes a separate violation.(F) A request for a change in or a departmental review of a safety rating must be submitted in writing to: Texas Department of Public Safety, Manager-Motor Carrier Bureau, P.O. Box 4087, Austin, Texas 78773-0521. Such request(s) must meet the requirements provided for in this subsection.(G) A motor carrier that has taken action to correct the deficiencies that resulted in a proposed or final rating of "conditional" or "unsatisfactory" may request a rating change at any time.(i) The motor carrier must base its request upon evidence that it has taken corrective actions and that its operations currently meet the safety standards and factors specified in Title 49 Code of Federal Regulations, §385.5 and §385.7, and equivalent state regulations contained in Texas Transportation Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4. The request must include a written description of corrective actions taken, and other documentation the carrier wishes the department to consider.(ii) The department will make a final determination on the request for change based upon the documentation the motor carrier submits, a follow-up compliance review, and any additional relevant information. The review will be conducted by the director's designee(s); the follow-up compliance review will be conducted by a field compliance review investigator.(iii) The department will perform reviews of requests made by motor carriers with a proposed "unsatisfactory" or "conditional" safety rating in the following time periods after receipt of the motor carrier's request: within 30 calendar days for motor carriers transporting passengers in commercial motor vehicles or placardable quantities of hazardous materials, or within 45 calendar days for all other motor carriers.(iv) When a request for a change to a safety rating, based on corrective actions, is filed before a "conditional" or "unsatisfactory" safety rating has been final for six (6) months or less, the timeline in subsection (b)(3)(G)(iii) of this section is applicable for conducting a follow-up compliance review. All other requests for a change to a safety rating will be scheduled on a priority basis; however, the abbreviated timeline for completion as specified in subsection (b)(3)(G)(iii) is no longer applicable.(v) The filing of a request for a change to a proposed or final safety rating under this section does not stay the 45 calendar day period specified in this subsection for motor carriers transporting passengers or hazardous materials. If the motor carrier has submitted evidence that corrective actions have been taken pursuant to the Federal Motor Carrier Safety Regulations and state regulations and the department cannot make a final determination within the 45 calendar day period, the period before the proposed safety rating becomes final may be extended for up to 30 calendar days at the discretion of the department.(vi) The department may allow a motor carrier with a proposed rating of "unsatisfactory" (except those transporting passengers in commercial motor vehicles or placardable quantities of hazardous materials) to continue to operate in intrastate commerce for up to 60 calendar days beyond the 60 calendar days specified in the proposed rating, if the department determines that the motor carrier is making a good faith effort to improve its safety status. This additional period would begin on the 61st day after the date of the notice of the proposed "unsatisfactory" rating.(vii) If the department determines that the motor carrier has taken the corrective actions required and that its operations currently meet the safety standard and factors specified in Title 49, Code of Federal Regulations, §385.5 and §385.7, and equivalent state regulations contained in Texas Transportation Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4, the department will notify the motor carrier in writing of its upgraded safety rating. An upgraded safety rating is final upon notification.(viii) If the department determines that the motor carrier has not taken all the corrective actions required, or that its operations still fail to meet the safety standard and factors specified in Title 49, Code of Federal Regulations, §385.5 and §385.7, and equivalent state regulations contained in Texas Transportation Code, Chapter 522 and Chapter 644, and 37 TAC Chapter 4, the department will notify the motor carrier in writing. Any extension of the time period before an unsatisfactory safety rating becomes effective under paragraph (3)(G)(iv) or (v) of this subsection will expire upon receipt of this notice.(ix) Any motor carrier whose request for change to a safety rating is denied in accordance with this subsection may request a departmental review under the procedures of paragraph (3)(H) of this subsection. The motor carrier must make the request within 90 calendar days of the denial of the request for a rating change. If the proposed rating has become final, it shall remain in effect during the period of any departmental review.(H) A motor carrier may request the department to conduct a departmental review if it believes the department has committed an error in assigning its proposed safety rating in accordance with Title 49, Code of Federal Regulations, §385.15(c), Texas Transportation Code, Chapter 644, or 37 TAC Chapter 4 or its final safety rating in accordance with Title 49, Code of Federal Regulations, §385.11(b), Texas Transportation Code, Chapter 644, or 37 TAC Chapter 4.(i) The motor carrier's request must explain the error it believes the department committed in issuing the safety rating. The motor carrier must include a list of all factual and procedural issues in dispute, and any information or documents that support its argument.(ii) If a motor carrier has received a notice of a proposed conditional or unsatisfactory safety rating, it should submit its request within 15 business days from the date of the notice. This time frame will allow the department to issue a written decision before the safety rating becomes final and any prohibitions outlined in paragraph (3)(C) of this subsection take effect. Failure to request within this 15 business day period may prevent the department from issuing a final decision before such prohibitions take effect.(iii) The motor carrier must make a request for a departmental review within 90 calendar days of either the proposed or final safety rating issued in accordance with this subsection, or within 90 calendar days after denial of a request for a change in a safety rating in accordance with paragraph (3)(G) of this subsection.(iv) The department may ask the motor carrier to submit additional data and attend a conference in Austin, Texas to discuss the safety rating. If the motor carrier does not provide the information requested or does not attend the conference, the department may dismiss its request for review. The review will be conducted by the director's designee(s).(v) The department will notify the motor carrier in writing of its decision following the departmental review. The department will complete the review within 30 calendar days after receiving a request from a hazardous materials or passenger motor carrier that has received a proposed or final "unsatisfactory" or "conditional" safety rating; or within 45 calendar days after receiving a request from any other motor carrier that has received a proposed or final "unsatisfactory" or "conditional" safety rating.(I) A final safety rating constitutes a final agency decision. Any review of such decision is subject to Texas Government Code, Chapter 2001. Judicial review is subject to the substantial evidence rule under Texas Government Code, §2001.174.(c) Safety Audits.(1) The department may perform safety audits on interstate motor carriers domiciled in Texas that are part of the New Entrant Safety Assurance Program under Title 49, Code of Federal Regulations, Part 385, Subpart D. The department will comply with all requirements of Title 49, Code of Federal Regulations, Part 385, Subpart D when carrying out safety audits.(2) Safety audits will be conducted by an individual who is certified to conduct new entrant safety audits. Safety audits may be conducted at the carrier's premises or at an off-site location chosen by the department.(3) Motor carriers that are part of the New Entrant Safety Assurance Program will make records and documents required for a safety audit available for inspection upon the request of an individual certified to perform safety audits.(A) The department will report to the Federal Motor Carrier Safety Administration any motor carriers who:(i) fail to respond to attempts by the department to make contact to initiate a safety audit,(ii) refuse to meet with the department to conduct the safety audit, and/or(iii) refuse to provide records and documents required for the safety audit.(B) Motor carriers who do not complete a required safety audit may have their interstate operating authority revoked by the Federal Motor Carrier Safety Administration.(4) Safety audits will review a motor carrier's safety management systems and practices to determine compliance with federal safety regulations. The safety audit will also be used to educate the motor carrier on safety compliance. The reviewer's findings will be reported to the Federal Motor Carrier Safety Administration. Safety audits will have a pass or fail determination and will not assign a safety rating to a motor carrier.(5) In the course of a safety audit, if it is discovered that the motor carrier has committed any of the actions listed in Title 49, Code of Federal Regulation, Part 385.308(a), the department may schedule a compliance review to carry out a more thorough examination of the motor carrier's safety management.(d) Imminent Hazard.(1) Regardless of whether an unsatisfactory safety rating has become final under subsection (b)(3)(C) of this section, if the manager of the Motor Carrier Bureau or their designee determines that a motor carrier's operations constitute an imminent hazard, the manager or their designee shall issue an order to cease all or part of the motor carrier's commercial motor vehicle operations.(2) In making any such order, no restrictions shall be imposed on any employee or employer beyond that required to abate the hazard.(3) Opportunity for review of any such order shall be in the manner described in §4.18 of this title (relating to Intrastate Operating Authority Out-of-Service Review).(4) For purposes of all enforcement the department is authorized to take, any operations in violation of an imminent hazard determination will be treated as operating with a final unsatisfactory rating issued under subsection (b)(3)(D)(iii) of this section.(5) The practice of a motor carrier employing unqualified drivers with a fraudulent foreign commercial driver license is an imminent hazard to the public. The manager of the Motor Carrier Bureau or their designee shall issue an order to cease the motor carrier's commercial motor vehicle operations, which will remain in effect until the motor carrier submits proof of corrective action and all current drivers are verified to be properly qualified to operate commercial motor vehicles requiring a commercial driver license. Approval of the submitted corrective action and removal of the order to cease will be made by the manager of the Motor Carrier Bureau or their designee.(e) Release of Safety Rating Information.(1) The safety rating assigned to a motor carrier will be made available to the public upon request.(2) Requests should be addressed to the Texas Department of Public Safety, Motor Carrier Bureau, P.O. Box 4087, Austin, Texas 78773-0521. All requests for disclosure of safety rating must be made in writing and will be processed under the Texas Public Information Act.(f) Foreign Commercial Driver License Holder Requirements.(1) Motor carriers that employ drivers who possess a valid foreign jurisdiction commercial driver license (CDL) or commercial driver license permit (CLP) shall retain a legible copy of the following items:(A) the commercial driver license or commercial driver license permit, front and back if applicable, and(B) the Work Authorization Card (Work Visa), front and back if applicable.(2) These documents may be kept in printed or digital format at the motor carrier's principal place of business (PPOB) or where the motor carrier's driver qualification files are maintained.(3) A motor carrier must maintain the documents specified by this section for the duration of the driver's employment and then for one year after the driver is no longer employed.(4) A motor carrier must make all records and information in this file available to an officer or non-commissioned employee of the department upon request and as part of any investigation or safety audit within the timeframe specified by the requesting representative.(5) A motor carrier that employs foreign CDL or CLP drivers who only operate in counties bordering the United Mexican States is not required to adhere to the rules of this section.</content><note type="source"><p>Source Note: The provisions of this §4.15 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective August 16, 2007, 32 TexReg 5034; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective March 17, 2019, 44 TexReg 1359; amended to be effective April 10, 2023, 48 TexReg 1855; amended to be effective June 9, 2024, 49 TexReg 4058.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.16"><num value="4.16">§4.16</num><heading>Administrative Penalties, Payment, Collection, and Settlement of Penalties</heading><content>(a) Administrative Penalties. (1) The compliance review may result in the initiation of an enforcement action based upon the number and degree of seriousness of the violations discovered during the review as well as those factors listed in Title 49, Code of Federal Regulations, Part 385.7. As a result of the enforcement action, the department may impose an administrative penalty against a motor carrier who violates a provision of the Texas Transportation Code, Title 7, Subtitle B, Chapter 522 (relating to Commercial Driver's License), Subtitle C, Chapters 541 - 600 (relating to the Rules of the Road), and Subtitle F, Chapter 644 (relating to Commercial Motor Vehicles), including any amendments not codified in the Texas Transportation Code. Each of these provisions relates to the safe operation of a commercial motor vehicle under Texas Transportation Code, §644.153(b). (2) The department shall have discretion in determining the appropriate amount of the administrative penalty assessed for each violation, and adopts the Federal Uniform Fine Assessment Program as a method of determining penalty assessment. A penalty under this section may not exceed the maximum penalty provided for a violation of a similar federal safety regulation. The department retains the authority to reduce the administrative penalty calculated by the Federal Uniform Fine Assessment Program when the interests of justice require it. (3) For motor carriers whose verified annual gross revenue is less than one million dollars, the department will assess an alternative administrative penalty according to the schedule listed in the figure, if the alternative administrative penalty would be less than the amount calculated by the Federal Uniform Fine Assessment Program. Attached Graphic(A) General motor carriers may be assessed an alternative administrative penalty, as listed in Table 1, that is the following percentage of their gross revenue. (B) Passenger or hazardous materials motor carriers may be assessed an alternative administrative penalty, as listed in Table 2, that is the following percentage of their gross revenue (4) Under certain circumstances, the department may deviate from the Federal Uniform Fine Assessment Program and instead issue up to the maximum penalty provided. These circumstances include, but are not limited to, the following: (A) A motor carrier who does not provide credible information about the size of its operations (revenue, fleet mileage, number of trucks, and number of drivers), may be subject to maximum penalties under federal law for violations cited. (B) A carrier which has been penalized (Notice of Claim issued) twice in the previous two years or three times in the previous six years for a given violation may be subject to maximum penalties for a current violation of the same section. Any prior violations used in accordance with this paragraph which are overturned on appeal before a current penalty becomes a "final agency decision" will result in reconsideration, and recalculation if applicable, of the current penalty amount. (5) In no case will any penalty or group of penalties assessed according to this section be less than a total of $500. (6) The department will send a Notice of Claim to the person(s), Firm, or business in violation of this subchapter by certified mail, return receipt requested, by personal service, or another manner of delivery that records the receipt of the notice by the person responsible requiring a response within 20 business days. The notice will contain the following language in bold, large face type: "FAILURE TO PAY THIS CLAIM OR RESPOND, AS SPECIFIED IN THE NOTICE OF CLAIM, WITHIN 20 BUSINESS DAYS WILL RESULT IN THIS NOTICE OF CLAIM BEING DEEMED A 'FINAL DEPARTMENT DECISION.' A PERSON WHO IS SUBJECT TO AN ADMINISTRATIVE PENALTY IMPOSED BY THE DEPARTMENT UNDER TEXAS TRANSPORTATION CODE, §644.153 IS REQUIRED TO PAY THE ADMINISTRATIVE PENALTIES OR RESPOND TO THE DEPARTMENT'S NOTICE OF CLAIM. A PERSON WHO FAILS TO PAY, OR BECOMES DELINQUENT IN THE PAYMENT OF THE ADMINISTRATIVE PENALTIES IMPOSED BY THE DEPARTMENT UNDER TEXAS TRANSPORTATION CODE, §644.153 SHALL NOT OPERATE OR DIRECT THE OPERATION OF A COMMERCIAL MOTOR VEHICLE ON THE HIGHWAYS OF THIS STATE UNTIL SUCH TIME AS THE ADMINISTRATIVE PENALTIES HAVE BEEN REMITTED TO THE DEPARTMENT." (b) Payment, Collection and Settlement of Administrative Penalty. (1) Payment. A person who is subject to an administrative penalty imposed by the department as authorized by Texas Transportation Code, §644.153(c) is required to pay the administrative penalty. If payment of costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state has been ordered, any payment of less than the full amount owed will be applied first to the costs, fees, expenses and attorney's fees, then the balance of the payment, if any, will be applied to the administrative penalty. The administrative penalty may be paid through one of the following options: (A) Full Payment. Full payment of the administrative penalty in the form of a check, cashier's check, or money order made payable to the Department of Public Safety shall be submitted to the Texas Department of Public Safety, Attn: Motor Carrier Bureau, MSC 0522, 6200 Guadalupe, Building P, Austin, Texas 78752-4019. The department may allow payments to be made by electronic funds transfer or valid credit card issued by a financial institution chartered by a state or the federal government or by a nationally recognized credit organization approved by the department. (i) The department may assess a discount, convenience, or service charge for a payment transaction for electronic funds transfers or credit card payments in an amount that will cover the direct costs to the department for accepting that payment. (ii) The department may assess a service charge of $30 for a payment transaction that is dishonored or refused for lack of funds or insufficient funds. (iii) Any charge added to an administrative penalty under paragraph (1)(A)(i) and (1)(A)(ii) of this subsection must be paid in full, along with the administrative penalty. The department's remedies, including issuing and continuing an impoundment order, apply to the charges as well as the administrative penalty. (B) Installment Payments. (i) A person(s), firm, or business may, upon approval of the director or the director's designee, be allowed to make installment payments of an administrative penalty, costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state upon submission of adequate proof of inability to pay the full amount of the claim. An application shall be submitted on a form approved by the department. (ii) The person(s), firm, or business requesting the installment agreement must submit adequate documentation to support the request and make all relevant financial records of the person(s), firm, or business available to the department for inspection and verification. (iii) In the event of a default of the installment agreement by the person(s), firm, or business, then the remaining balance of the installment agreement will be due immediately. (iv) Upon default under an installment agreement, or failure to respond to the notice of claim within 20 business days, the person(s), firm, or business is no longer eligible for installment payments. (v) Installment payments will be in the form, and subject to service charges, described in paragraph (1)(A) of this subsection. (2) Non-Payment of Administrative Penalty. A person who fails to pay, reverses an electronic funds transfer payment or credit card payment, or otherwise becomes delinquent in the payment of the administrative penalty imposed by the department as authorized by Texas Transportation Code, §644.153(c) shall not operate or direct the operation of a commercial motor vehicle on the highways of this state until such time as the administrative penalty has been remitted to the department. The department will make every effort to collect an administrative penalty once an enforcement action has been deemed as a Final Departmental Decision, including referring the administrative penalty to the Office of the Attorney General, or issuing an Impoundment Order. (A) Issuance of an Impoundment Order. Pursuant to Texas Transportation Code, §644.153(o) - (s), the department will issue an Impoundment Order for the impoundment of any commercial motor vehicle that is operated or directed by the person(s), firm, or business that fails to pay an administrative penalty issued under this subchapter. (B) Timing and Content of Impoundment Order. The department shall issue an Impoundment Order if the person(s), firm, or business fails to respond as specified to the Notice of Claim within 20 business days, or becomes delinquent in the payment of the full amount under subsection (b)(1)(A) of this section or any installment payments under subsection (b)(1)(B) of this section when they become due. The Impoundment Order will contain the following information: (i) Motor Carrier's name, address, city, zip code and telephone number; (ii) The motor carrier's Texas Department of Motor Vehicles, United States Department of Transportation, or Motor Carrier number, if any; (iii) The amount of delinquent penalty assessment; (iv) The date the Impoundment Order was issued; (v) A contact number for the Motor Carrier Bureau; (vi) Notice that the Impoundment Order will be lifted upon receipt of full payment of the administrative penalty as described in paragraph (5) of this subsection; and, (vii) In bold, conspicuous letters, notice that the carrier is responsible for all costs of storage of the vehicle and its cargo, and towing. (3) Prior to impounding any vehicle, the trooper shall verify the Impoundment Order is still valid. Verification can only be made by the Manager of the Motor Carrier Bureau or the Manager's designee during regular business hours, or via electronic inquiry into the Motor Carrier Bureau's Vehicle Impoundment Database after regular business hours. If a trooper is unable to verify the Impoundment Order is in force, then the vehicle shall not be impounded. (4) Once a vehicle is impounded, the trooper impounding the vehicle shall immediately ensure the motor carrier is notified of impoundment of the vehicle. The trooper will inform the motor carrier of the name, location, and telephone number of the vehicle storage facility where the vehicle is impounded, notice the vehicle will not be released until the administrative penalty has been paid, and a contact number for the Motor Carrier Bureau. When a vehicle is impounded after regular business hours, the trooper will notify the Motor Carrier Bureau as soon as possible but not later than the next regular business day. (5) Release of Impoundment Order and Impounded Vehicles. (A) To cancel the Impoundment Order and to release a vehicle from impoundment, the motor carrier shall pay the administrative penalty in full, including costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state. (B) The payment of the administrative penalty must be for the full amount. The payment must be made by cashier's check or money order payable to the Texas Department of Public Safety. (C) The payment can be made in one of two ways only: (i) by sending it to the following address as indicated: Texas Department of Public Safety, Motor Carrier Bureau, MSC 0522, 6200 Guadalupe, Bldg. P, Austin, Texas 78752-4019, Attn: Accounting Clerk, Impoundment Notice; or (ii) directly to the trooper at the time of the actual impoundment or to any Commercial Vehicle Enforcement employee at any department regional, district or sub-district office. If payment is made on an impounded vehicle after regular business hours, the trooper will notify the Motor Carrier Bureau as soon as possible but not later than the next regular business day. (D) The impounded vehicle will be released and the impoundment order will be cancelled only upon receipt of payment as specified under paragraph (5)(C)(i) or (ii) of this subsection.</content><note type="source"><p>Source Note: The provisions of this §4.16 adopted to be effective March 9, 2004, 29 TexReg 2376 ; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective September 22, 2005, 30 TexReg 6065; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective February 25, 2010, 35 TexReg 1470.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.17"><num value="4.17">§4.17</num><heading>Notification and Hearing Processes</heading><content>(a) Notification.(1) The department will notify a motor carrier of an enforcement action by the issuance of a claim letter as described in §4.16(a)(4) of this title (relating to Administrative Penalties, Payments, Collection and Settlement of Penalties).(2) The notification may be submitted to the motor carrier's last known address as reflected in the records of the department by certified mail, return receipt requested, or personal service, or another manner of delivery that records the receipt of the notice by the person responsible. Electronic mail may be used provided the department verifies receipt by the person responsible. A notification sent by mail shall be presumed to have been received by the motor carrier five days after the date of the mailing.(3) The motor carrier shall respond within 20 calendar days of receipt of the claim letter with one of the following options:(A) Payment of the claim in the full amount as outlined in the claim letter; or(B) Request, in writing, to make installment payments; or(C) Request, in writing, an informal hearing; or(D) Request, in writing, an administrative hearing.(4) A request under paragraph (3)(C) or (D) of this subsection must contain the following:(A) A concise statement of the issues to be presented at the hearing, including the occurrence of the violations, the amount of the penalty, or both;(B) defenses the carrier asserts to the department's claim; and(C) supporting documents to show defenses and/or financial condition of the carrier.(5) A request under paragraph (3)(C) of this subsection that does not contain the information required in paragraph (4) of this subsection may, after notice and a reasonable opportunity to correct the defect, be set for an administrative hearing rather than an informal hearing, at the discretion of the department.(b) Informal hearing.(1) If requested, the department will hold an informal hearing to discuss a penalty recommended under this section. Such hearing will be scheduled and conducted by the manager of the Motor Carrier Bureau or the director's designee.(2) An informal hearing shall not be subject to rules of evidence and civil procedure except to the extent necessary for the orderly conduct of the hearing. The department will summarize the nature of the violation and the penalty, and discuss the factual basis for such. The motor carrier will be afforded an opportunity to respond to the allegations verbally and/or in writing.(3) After the conclusion of the informal hearing, the department will issue a Memorandum of Decision, which will be provided to the motor carrier. The Memorandum of Decision will contain the following:(A) a statement of findings by the department, including a statement of dismissal of charges, modification of penalties, or affirmation of penalties; and(B) if the penalties are modified or affirmed, the Memorandum of Decision will be accompanied by a revised claim letter requiring the motor carrier to respond within 20 calendar days of receipt of claim letter with one of the following options:(i) Payment of the claim in the full amount as outlined in the claim letter; or(ii) Request to make installment payments; or(iii) Request an administrative hearing before the State Office of Administrative Hearings.(c) Administrative Hearing.(1) If the motor carrier requests an administrative hearing, as required by subsection (a)(3)(D) or (b)(3)(B)(iii) of this section, the department shall request an administrative hearing before the State Office of Administrative Hearings. The department will provide written notice by certified mail, return receipt requested, or by personal service of such action to the motor carrier. The administrative law judge for the State Office of Administrative Hearings shall issue a proposal for decision setting out the judge's findings of fact, conclusions of law and recommendations in accordance with agency rules and statutes, including a recommendation regarding the award and amount of costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the state.(2) The director may adopt those findings and make it part of the director's order; or the director may, pursuant to §2001.058(e), Texas Government Code, increase or decrease the amount of the penalty recommended by the administrative law judge. Notice of the director's order and proposal for decision shall be given to the affected person as required by Chapter 2001, Texas Government Code, and must include a statement that the person is entitled to seek a judicial review of the order. Before the 31st calendar day after the date the director's order becomes final as provided in §2001.004, Texas Government Code, the person must:(A) pay the penalty in full;(B) pay the penalty in full and file a petition for judicial review contesting:(i) the occurrence of the violation(s);(ii) the amount of the penalty; or(iii) both the occurrence of the violation(s) and the amount of the penalty.(C) without paying the penalty, file a petition for review contesting:(i) the occurrence of the violation(s);(ii) the amount of the penalty; or(iii) both the occurrence of the violation(s) and the amount of the penalty.(3) A contested case under this subsection will be governed by Texas Government Code, Chapter 2001, subchapters C and D, Texas Transportation Code, §644.153, and 37 TAC, Chapter 29 of this title (relating to General Rules of Practice and Procedure), and not by Title 49, Code of Federal Regulations, Part 386, Subparts D and E.(d) A final department decision is subject to judicial review under the substantial evidence rule, Texas Government Code, §2001.174. For purposes of collection of the administrative penalty, Final Departmental Decision is defined as:(1) the most recent claim letter issued to a motor carrier who fails to request an informal hearing or an administrative hearing within 20 calendar days of receipt of the Notice of Claim; or(2) the most recent claim letter issued to a motor carrier who fails to pay or becomes delinquent in the payment of an administrative penalty as outlined in §4.16 of this title (relating to Administrative Penalties, Payment, Collection and Settlement of Penalties); or(3) a Final Order issued by the director as a result of an administrative hearing as outlined in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §4.17 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective January 4, 2005, 29 TexReg 12235; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective January 24, 2006, 31 TexReg 404; amended to be effective June 11, 2008, 33 TexReg 4527; amended to be effective February 25, 2010, 35 TexReg 1470.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.18"><num value="4.18">§4.18</num><heading>Intrastate Operating Authority Out-of-Service Review</heading><content>(a) A motor carrier may request a review of the out-of-service order within 10 business days of the issuance of the out-of-service order. A request for a review does not stay the out-of-service order. A request for an out-of-service review must be made in writing and forwarded to the manager of the Motor Carrier Bureau. If requested, a review will be scheduled and conducted by the manager of the Motor Carrier Bureau or the director's designee within 10 business days of the issuance of the out-of-service order. A request for review should be addressed to the Texas Department of Public Safety, Motor Carrier Bureau, P.O. Box 4087, Austin, Texas 78773-0521 or may be sent by facsimile transmission to (512) 424-5712 or via electronic mail at MotorCarrierBureau@txdps.state.tx.us. The department may conduct the review by telephone conference call. An out-of-service review should be conducted within 3 business days of the date of receipt of the request for a review.(b) A request for review under subsection (a) of this section must contain the following: a concise statement of the issues to be contested at the review.(c) A final agency decision on an out-of-service order is subject to Texas Government Code, Chapter 2001. Judicial review is subject to the substantial evidence rule under Texas Government Code, §2001.174. A final agency decision is:(1) the initial order if the affected person fails to respond as outlined in subsections (a) or (b) of this section, or(2) the decision as a result of a review under subsection (a) or (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §4.18 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective May 22, 2005, 30 TexReg 3031.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.19"><num value="4.19">§4.19</num><heading>Administrative Action by the Texas Department of Motor Vehicles</heading><content>(a) The director or the director's designee will determine whether the department will request the Texas Department of Motor Vehicles to revoke a registration issued by the Texas Department of Motor Vehicles based upon the department's compliance review or safety audit. The director or the director's designee will determine whether the department will request the Texas Department of Motor Vehicles to take administrative action against a carrier required to register with the Texas Department of Motor Vehicles under Chapter 643 of the Texas Transportation Code.(b) This determination may be based upon the following:(1) an unsatisfactory safety rating under Title 49, Code of Federal Regulations, Part 385;(2) multiple violations of Texas Transportation Code, Chapter 644, a rule adopted under Texas Transportation Code, Chapter 644, or Texas Transportation Code, Subtitle C (Relating to Rules of the Road); and/or(3) not properly registering as a motor carrier with the Texas Department of Motor Vehicles as required in Texas Transportation Code, Chapter 643.(c) Once the determination has been made the director or the director's designee will forward a letter to the executive director of the Texas Department of Motor Vehicles or the executive director's designee requesting said department initiate an administrative action against the motor carrier.(d) Any administrative action initiated by the Texas Department of Motor Vehicles, pursuant to this section, shall be administered in the manner specified by the rules of the Texas Department of Motor Vehicles.</content><note type="source"><p>Source Note: The provisions of this §4.19 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective May 22, 2005, 30 TexReg 3031; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective February 25, 2010, 35 TexReg 1470.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.20"><num value="4.20">§4.20</num><heading>Animal Health Memorandum of Understanding</heading><content>In compliance with the Texas Agriculture Code, §161.051, the Department of Public Safety has adopted a joint memorandum of understanding with the Texas Animal Health Commission that provides for Department of Public Safety commissioned officers to check for health papers and permits when stopping a vehicle transporting livestock. The agreement is as follows.(1) The Texas Animal Health Commission will:(A) provide information and training to the Department of Public Safety regarding health papers and permits;(B) investigate possible violations reported by Department of Public Safety officers;(C) make a proper request for assistance to the Department of Public Safety, assistant director of the Texas Highway Patrol Division, or their designee; and(D) will also notify the assistant director of the Texas Highway Patrol Division, or their designee, when appropriate, of the location of Texas Animal Health Commission roadblocks or special night operations.(2) The Department of Public Safety will:(A) report potential problems to the Texas Animal Health Commission; and(B) provide assistance when properly requested by Texas Animal Health Commission staff.</content><note type="source"><p>Source Note: The provisions of this §4.20 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective November 8, 2010, 35 TexReg 9919.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.21"><num value="4.21">§4.21</num><heading>Report of Valid Positive Result on Alcohol and Drug Test</heading><content>(a) An employer required under the federal safety regulations to conduct alcohol and controlled substance testing of employees shall report to the department a valid positive result on an alcohol or controlled substance test performed as part of the carrier's alcohol and drug testing program or consortium, as defined by Title 49, Code of Federal Regulations, Part 382, on an employee of the carrier who holds a commercial driver license issued under Texas Transportation Code, Chapter 522.(1) The report must be submitted by employers within 10 days of receiving notice of a valid positive result on an alcohol or drug test performed.(2) The report must be submitted on a department created form available on the department's website at http://www.dps.texas.gov/internetforms/default.aspx. All information requested on the form must be completed. The completed form must be mailed to MCS Section Supervisor, Motor Carrier Bureau, Texas Department of Public Safety, 6200 Guadalupe, MSC# 0521, Austin, Texas 78752-4019, or sent by facsimile to (512) 424-5310. Unless the report is for a refusal to submit a sample, employers must also attach a legible copy of either the Federal Drug Testing, Custody and Control Form (with at least steps one through six completed), the U.S. Department of Transportation (DOT) Alcohol Testing Form (with at least steps one through three completed), or the medical review officer's or breath alcohol technician's signed report of a positive, diluted, adulterated, or substituted alcohol or drug test.(3) Any requestor who has obtained permission to request and receive release of information via electronic mail under subsection (b)(2) of this section may also submit a report via electronic mail. The complete report must be filled out in its entirety, and must be clearly scanned with attachments as described in paragraph (2) of this subsection.(4) When a valid positive result is obtained on an owner-operator, that owner-operator is responsible for submission of the Report of Valid Positive Drug or Alcohol Test to the department.(5) A medical review officer, breath alcohol technician, laboratory, consortium, or other individual may submit a Report of Valid Positive Drug or Alcohol Test to the department. A report by a laboratory or other individual will only be entered into the department's database when the report has been verified by the medical review officer or breath alcohol technician.(6) A dilute positive drug test under Title 49, Code of Federal Regulations, §40.197(a) is a valid positive result. A dilute negative drug test is not a valid positive test. A positive drug test from a recollection under Title 49, Code of Federal Regulations, §40.197(b) is a valid positive test.(b) Information regarding Report of Valid Positive Drug or Alcohol Test is confidential and only subject to release as provided in Texas Transportation Code, §521.053. A request must be submitted on a department created form available on the department's website at http://www.dps.texas.gov/internetforms/default.aspx.(1) The request form must be mailed to MCS Section Supervisor, Motor Carrier Bureau, Texas Department of Public Safety, 6200 Guadalupe, MSC# 0521, Austin, Texas 78752-4019, or sent by facsimile to (512) 424-5310.(2) A requester may apply for and obtain permission to request and receive release of information via electronic mail. Electronic mail addresses are subject to initial and continuing verification by the department. A request must be submitted on a department created form available on the department's website at http://www.dps.texas.gov/internetforms/default.aspx. Once a requester has obtained permission to request and receive information via electronic mail, each individual request must still be made with a clearly scanned copy of the form described in subsection (b) of this section and be in compliance with the requirements of Texas Transportation Code, §521.053.(c) A valid positive test result under §4.22 of this title (relating to Contract Carriers of Certain Passengers) must be reported and maintained in the same manner as reports under subsection (a) of this section. Such information may only be released in the same manner as described in subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §4.21 adopted to be effective December 6, 2005, 30 TexReg 8177; amended to be effective May 30, 2006, 31 TexReg 4442; amended to be effective October 1, 2006, 31 TexReg 8109; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective August 16, 2007, 32 TexReg 5034; amended to be effective February 25, 2010, 35 TexReg 1470; amended to be effective April 1, 2020, 45 TexReg 2208.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scB/s4.22"><num value="4.22">§4.22</num><heading>Contract Carriers of Certain Passengers</heading><content>A contract carrier transporting operating employees of a railroad in vehicles designed to carry 15 passengers or less, as described in Texas Transportation Code, §644.054(a), as well as a driver of any such vehicle, are both subject to the following regulations.(1) A driver may not operate a vehicle subject to this section for more than 12 hours in a day and must obtain adequate rest in the same manner as is described in §4.12(a)(2) of this title (relating to Exemptions and Exceptions). This driver must comply with all other requirements described in Title 49, Code of Federal Regulations, Part 395.(2) A driver operating a vehicle subject to this section must comply with Title 49, Code of Federal Regulations, Part 40 and Part 382, relating to USDOT drug and alcohol testing, regardless of whether this driver is a holder of a commercial driver's license.(A) A valid positive result, whether from a refusal or from a determination of a medical review officer, will be reported to the department's valid positive results database as if the driver were a holder of a commercial driver's license.(B) A driver who commits prohibited conduct under Title 49, Code of Federal Regulations, Part 382, Subpart B is prohibited from driving a vehicle subject to this section. A driver prohibited under this subsection may remove the prohibition by completing a return-to-duty process as described by Title 49, Code of Federal Regulations, Part 40, Subpart O.(3) A contract carrier subject to this section must, at a minimum, maintain liability insurance in the amount of $1.5 million for each vehicle, unless a higher amount is required by another law. Whenever a vehicle is detained under Texas Transportation Code, §644.103, or premises are inspected under Texas Transportation Code, §644.104, the contract carrier must present the officer or the employee of the department proof of minimum liability insurance.</content><note type="source"><p>Source Note: The provisions of this §4.22 adopted to be effective February 25, 2010, 35 TexReg 1471.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c4/scC"><num value="C">SUBCHAPTER C</num><heading>COMMERCIAL VEHICLE REGISTRATION AND INSPECTION ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.31"><num value="4.31">§4.31</num><heading>Basic Enforcement Guidelines</heading><content>The Department of Public Safety is charged with the responsibility of enforcing registration requirements of commercial vehicles. This enforcement will be based on the statutory provisions of Texas Transportation Code, Chapter 502, and on policies and reciprocal agreements promulgated by the Texas Department of Transportation, as amended.</content><note type="source"><p>Source Note: The provisions of this §4.31 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.32"><num value="4.32">§4.32</num><heading>Registered Gross Weight Defined</heading><content>No commercial vehicle or combination of vehicles shall be required to register for an amount greater than its actual gross weight or, in the event that the vehicle or combination of vehicles is overloaded, the vehicle or combination of vehicles shall not be required to be registered for an amount greater than the gross weight allowed for such vehicle or combination of vehicles. This section will apply whether the operation is inside or outside an incorporated city, town, or village.</content><note type="source"><p>Source Note: The provisions of this §4.32 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.33"><num value="4.33">§4.33</num><heading>Apprehended Defined</heading><content>For the purpose of enforcing all provisions of Texas Transportation Code, Chapter 502, a vehicle is considered to be apprehended when a citation has been issued for a registration violation.</content><note type="source"><p>Source Note: The provisions of this §4.33 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.34"><num value="4.34">§4.34</num><heading>Enforcement Guidelines to Reciprocal Agreements with Various States</heading><content>The Texas Department of Transportation has entered into bilateral reciprocity agreements with several states and is also a member of the International Registration Plan. For enforcement purposes, the Department of Public Safety defines the term apportionable vehicle to mean a vehicle that:(1) is a power unit having two axles and a gross weight or registered gross vehicle weight in excess of 26,000 pounds or 11,794 kilograms; or(2) is a power unit having three or more axles, regardless of weight; or(3) is used in combination, when the weight of such combination exceeds 26,000 pounds or 11,794 kilograms gross vehicle weight.</content><note type="source"><p>Source Note: The provisions of this §4.34 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.35"><num value="4.35">§4.35</num><heading>Basic Enforcement Guidelines for Enforcement Registration and Permit Requirements of Oil Well Servicing Equipment</heading><content>The Department of Public Safety, under the authority of Government Code, Chapter 411, §411.002, is charged with the responsibility of enforcing laws protecting public safety, including, but not limited to, the registration requirements. This enforcement will be based on the statutory provisions of Texas Transportation Code, §§623.141-623.150 and the rules promulgated by the Texas Department of Transportation, as amended.</content><note type="source"><p>Source Note: The provisions of this §4.35 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.36"><num value="4.36">§4.36</num><heading>Commercial Motor Vehicle Compulsory Inspection Program</heading><content>(a) All commercial motor vehicles registered in this state shall be required to pass an annual inspection of all safety equipment required by the Federal Motor Carrier Safety Regulations on or before the expiration of the current state inspection or vehicle inspection report.(b) All commercial motor vehicles required to be inspected under the Federal Motor Carrier Safety Regulations are also subject to the regular state inspection requirements as provided in Texas Transportation Code, Chapter 548.(c) Effective March 1, 2015, the fee charged for commercial motor vehicle inspections may not exceed the amounts set by Texas Transportation Code, Chapter 548, and other statutorily mandated inspection fees. Fees will be collected in accordance with Texas Transportation Code, §548.504 and §548.509. A unique vehicle inspection report will be issued by certified vehicle inspection stations to designate that the vehicle has met the Federal Motor Carrier Safety Regulations and state inspection requirements.(d) The commercial motor vehicle's vehicle inspection report will expire on the last day of the month and year following the date of issuance.(e) Except for any appropriate grace period, a person may not operate a commercial motor vehicle registered in this state unless it is equipped, as required by the Federal Motor Carrier Safety Regulations, and the operator possesses a valid commercial motor vehicle inspection report.(f) For purposes of the Commercial Motor Vehicle Compulsory Inspection Program, the term "commercial motor vehicle" means a self-propelled or towed vehicle used on a public highway to transport passengers or property if:(1) the vehicle or combination of vehicles has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds;(2) the vehicle is a farm vehicle with a gross weight, a registered weight, or a gross weight rating of 48,000 pounds or more;(3) the vehicle is designed or used to transport more than 15 passengers, including the driver;(4) the vehicle is used in the transportation of hazardous materials in a quantity requiring placarding as required under the federal Hazardous Materials Transportation Act (49 U.S.C. §5101 et seq.);(5) the vehicle or combination of vehicles has a gross weight rating of more than 10,000 pounds and is operated in interstate commerce and registered in this state;(6) the vehicle is a school bus that will operate at a speed authorized by Texas Transportation Code, §545.352(b)(A); or(7) the vehicle is a school activity bus, as defined in Texas Transportation Code, §541.201, that has a gross weight, registered weight, or gross weight rating of more than 26,000 pounds, or is designed or used to transport more than 15 passengers, including the driver.(g) Exceptions to the commercial motor vehicle safety inspection program are:(1) all school bus operations used to transport only children and/or school personnel from home to school and school to home, except that contract school buses used for any purpose other than transporting children to and from school only are not exempt;(2) transportation performed by the federal government, state, or any political subdivision of a state or an agency established under a compact between states that has been approved by the Congress of the United States;(3) the occasional transportation of personal property by individuals not for compensation or in the furtherance of a commercial enterprise;(4) the transportation of human corpses or sick or injured persons;(5) the operation of fire trucks and rescue vehicles while involved in emergency and related operations;(6) farm vehicles with a gross weight, registered weight, or gross weight rating less than 48,000 pounds (except interstate operation of more than 10,000 pounds); and(7) covered farm vehicles as defined in Title 49, Code of Federal Regulation, Part 390.5.</content><note type="source"><p>Source Note: The provisions of this §4.36 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective June 13, 2005, 30 TexReg 3430; amended to be effective June 8, 2006, 31 TexReg 4658; amended to be effective February 12, 2015, 40 TexReg 609.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scC/s4.37"><num value="4.37">§4.37</num><heading>Acceptance of Out-of-State Commercial Vehicle Inspection Certificate</heading><content>(a) Texas-registered commercial vehicles. Acceptance of commercial vehicle inspection certificates issued outside of Texas. A valid commercial vehicle inspection certificate issued in a jurisdiction having an inspection program that has been certified by the Federal Motor Carrier Safety Administration under the provisions of Title 49, Code of Federal Regulations, §396.23(b)(1) as meeting the requirements of §396.17 is acceptable on a Texas-registered commercial vehicle.(b) Out-of-state registered commercial vehicles. Commercial vehicles required to be registered in Texas will be required to be inspected at an official commercial vehicle inspection station and obtain a vehicle identification certificate, Form VI-30-A, before the registration process can be completed. Valid out-of-state inspection certificates will not be honored on commercial vehicles required to be registered.(c) Exceptions of inspections only by state-certified and supervised inspection stations. Acceptance in this state of a certificate of inspection and approval issued in compliance with 49 C.F.R. Part 396 to a motor bus, as defined by Transportation Code, §502.001, that is registered in this state but is not domiciled in this state.(d) Jurisdictions certified under the provisions of Title 49, Code of Federal Regulations, §396.23(b)(1). The following jurisdictions have been certified by the Federal Motor Carrier Safety Administration as meeting the requirements of Title 49, Code of Federal Regulations, §396.23(b)(1): Alabama (LPG Board), California, Connecticut (Bus Inspection Program), District of Columbia, Hawaii, Illinois, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, New Hampshire, New Jersey, New York, Ohio (Bus Inspection Program), Pennsylvania, Rhode Island, Texas, Utah, Vermont, Virginia, West Virginia, Wisconsin (Bus Inspection Program), or any of the ten Canadian Provinces and the Yukon Territory.(e) The department authorizes the acceptance in this state of a certificate of inspection and approval issued by an inspector qualified under 49 C.F.R. Part 396 acting as an employee or authorized agent of the owner of a commercial fleet as defined in Transportation Code, §502.001. This includes a motor vehicle or trailer that is part of the fleet and registered or in the process of being registered in this state.</content><note type="source"><p>Source Note: The provisions of this §4.37 adopted to be effective March 9, 2004, 29 TexReg 2376; amended to be effective August 31, 2004, 29 TexReg 8375; amended to be effective August 10, 2008, 33 TexReg 6147; amended to be effective March 18, 2009, 34 TexReg 1872; amended to be effective December 27, 2010, 35 TexReg 11708; amended to be effective June 29, 2021, 46 TexReg 3937.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c4/scD"><num value="D">SUBCHAPTER D</num><heading>COMMERCIAL VEHICLE WEIGHT, LENGTH, AND SIZE ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.51"><num value="4.51">§4.51</num><heading>Stopping, Weighing and Reducing Excess Cargo of Loaded Motor Vehicles</heading><content>(a) The Department of Public Safety will stop, weigh, and cause the excess loads to be reduced relating to the operation of loaded motor vehicles in compliance with the provisions of the statutes.(b) It is the policy of the Department of Public Safety to consider loaded trailers and semitrailers operated in combination with a truck or truck tractor to be a part of a loaded motor vehicle and would, therefore, be required to comply with the weighing and unloading provisions of Texas Transportation Code, Chapters 621, 622, and 623.</content><note type="source"><p>Source Note: The provisions of this §4.51 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.52"><num value="4.52">§4.52</num><heading>Rearranging Excess Cargo</heading><content>The Department of Public Safety interprets Texas Transportation Code, §621.402 and §621.404 to mean that cargo may not be shifted from an overloaded axle or tandem axle to another axle or tandem axle that is already loaded to its maximum legal limit.</content><note type="source"><p>Source Note: The provisions of this §4.52 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.53"><num value="4.53">§4.53</num><heading>Unloading and Reducing Loads consisting of Dangerous Commodities</heading><content>In situations wherein commodities of a dangerous nature must be unloaded or rearranged from overloaded vehicles, every precaution applicable in such situation must be exercised to insure the safety of the public. In every event, the owner, driver, or person who has physical control of the truck or cargo should be allowed ample time to acquire safe and proper equipment for unloading or handling. In no event shall members of the department knowingly permit dangerous or inflammable materials to be discharged in such manner as to constitute a hazard.</content><note type="source"><p>Source Note: The provisions of this §4.53 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.54"><num value="4.54">§4.54</num><heading>Minimum Standards for Scales not Furnished by the Texas Department of Public Safety</heading><content>(a) Portable, semiportable and fixed scale models. Portable, semiportable and fixed scale models evaluated under the National Type Evaluation Program (NTEP) and found to comply with the applicable technical requirements set out in the National Institute of Standards and Technology (NIST) Handbook 44, "Specifications, Tolerances, and Other Technical Requirements for Weighing and Measuring Devices," will be approved for law enforcement purposes by the Texas Department of Public Safety and may include only the following exceptions.(1) Weight readout may be truncated to the next lower increment reading.(2) Hold mode may hold scale reading until manually released.(b) Approval procedures.(1) Portable, semiportable, and fixed scales. Any person, firm or corporation desiring approval shall submit to the Texas Department of Public Safety a properly attested verification affidavit, on a form which will be furnished by the department upon request. The affidavit shall state, in part, that the make and model of the particular portable, semiportable, or fixed scale meets the criteria set forth in subsection (a) of this section. A copy of the NTEP Certificate of Conformance, provided by the National Conference on Weights and Measures (NCWM), shall be submitted with the required affidavit.(2) List of approved scales. The department will furnish upon request a list of approved makes and models of scales.(3) Cancellation or suspension of approval. If, at any time, it is determined that any approved scale does not comply with the required specifications, the department will cancel the approval of said make and model; provided, however, that the person, firm, or corporation holding such an approval is entitled to 30 days' notice of such proposed cancellation of approval. During such 30-day period, the holder of the approval shall have an opportunity to submit proof that the make and model number in question does in fact comply with these specifications. Such proof shall include attestation from an independent testing agency that the scale in question complies with the criteria set forth in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §4.54 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.55"><num value="4.55">§4.55</num><heading>Interpretation of Length Limitations and Number of Vehicles in a Combination of Vehicles</heading><content>(a) It is the interpretation of the department of public safety to consider a mobile home, house trailer, or camper trailer the same as any other trailer in determining the number of vehicles allowed in combination with a towing vehicle.(b) The interpretation set forth in subsection (a) of this section applies only in determining the number of vehicles allowed in a combination and does not apply in determining the length limits.</content><note type="source"><p>Source Note: The provisions of this §4.55 adopted to be effective March 9, 2004, 29 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.56"><num value="4.56">§4.56</num><heading>Uniform Weighing Procedures for Weight Enforcement Officers</heading><content>(a) A "weight enforcement officer" has the meaning as defined in Texas Transportation Code, §621.401.(b) Law enforcement agencies employing weight enforcement officers must enter into a memorandum of understanding with the department prior to conducting any weight enforcement. All weight enforcement officers must have attended and successfully completed weight enforcement training provided by the department prior to certification. In order to maintain certification, a weight enforcement officer must fulfill all the continuing education requirements as detailed in the memorandum of understanding between the department and the agency.(c) Weight enforcement officers must utilize scales of a type approved by the department. The department will furnish upon request a list of approved makes and models of scales as outlined in §4.54 of this title (relating to Minimum Standards for Scales not Furnished by the Texas Department of Public Safety).(d) Scales utilized must be calibrated yearly by a certified scale technician or certified vendor. Agencies must utilize the certification form provided by the department and keep certification records for three years from the date of certification.(e) An annual report will be compiled by each jurisdiction utilizing weight enforcement officers and submitted to the department by January 31st each year.(f) The department may revoke or rescind the authority of:(1) a weight enforcement officer who fails to comply with this section; or(2) a weight enforcement officer of a municipal police department, sheriff's department, or constable's office who fails to comply with this section.</content><note type="source"><p>Source Note: The provisions of this §4.56 adopted to be effective January 1, 2016, 40 TexReg 8795.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c4/scD/s4.57"><num value="4.57">§4.57</num><heading>Safety and Driver Training Requirements for Certain Permits</heading><content>(a) Carriers using Fluid Milk Truck permits issued under Texas Transportation Code, Chapter 623 must have each driver using the permit review the form titled "Fluid Milk Truck Permit" and sign an acknowledgement. Carriers must maintain a copy of this signed form for each driver for the current year and two previous years. The form is available at any Texas Department of Public Safety office or on the Department's website at: https://www.dps.texas.gov/cve/publications.htm.(b) Carriers using Sealed Intermodal Container Transportation permits issued under Texas Transportation Code, Chapter 623 must have each driver using the permit review the form titled "Intermodal Shipping Container Port Permit" and sign an acknowledgement. Carriers must maintain a copy of this signed form for each driver for the current year and two previous years. The form is available at any Texas Department of Public Safety office or on the Department's website at: https://www.dps.texas.gov/cve/publications.htm.</content><note type="source"><p>Source Note: The provisions of this §4.57 adopted to be effective July 30, 2018, 43 TexReg 4991.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c4/scE"><num value="E">SUBCHAPTER E</num><heading>ADVISORY OVERSIGHT COMMUNITY OUTREACH COMMITTEE</heading><section identifier="/us/state/tx/tac/t37/p1/c4/scE/s4.71"><num value="4.71">§4.71</num><heading>Advisory Oversight Community Outreach Committee</heading><content>(a) The Advisory Oversight Community Outreach Committee is created as provided in Texas Government Code, §411.0197.(b) The purpose of the Advisory Oversight Community Outreach Committee is to document to the Public Safety Commission trade-related incidents involving department personnel; to develop recommendations and strategies to improve community relations, department personnel conduct, and the truck inspection process at the ports-of-entry on the Texas-Mexico border; and to act as ombudsman between the department and the residents and communities in the Texas-Mexico border area and between the department and the department's personnel.(c) The Advisory Oversight Community Outreach Committee shall consist of nine members that are appointed by the Public Safety Commission. The Public Safety Commission shall designate the presiding officer of the committee from among the committee's members. Five members of the committee constitute a quorum sufficient to conduct the meetings and business of the committee.(1) Members of the Advisory Community Outreach Committee will serve staggered terms as follows:(A) the presiding officer shall serve a three-year term;(B) four of the committee members shall serve a three-year term; and(C) four of the committee members shall serve a two-year term.(2) All committee members serve at the will of the Public Safety Commission and may be reappointed by the Public Safety Commission. If a committee member resigns, becomes incapacitated, or is removed by the Public Safety Commission, or otherwise vacates his or her position prior to the end of his or her term, then the Public Safety Commission shall appoint a replacement who shall serve the remainder of the unexpired term. Except as otherwise provided by law, if a member of the Advisory Oversight Community Outreach Committee misses three consecutive regularly scheduled meetings, that member automatically vacates his or her position on the committee.(d) The Advisory Oversight Community Outreach Committee shall meet at least on a quarterly basis or at the call of the presiding officer or any two members. The location of any meeting of the committee will be determined by the presiding officer. All meetings of the Advisory Oversight Community Outreach Committee shall be open to the public.(e) The Advisory Oversight Community Outreach Committee may elect an assistant presiding officer from among its members.(f) The presiding officer or the assistant presiding officer shall prepare a meeting agenda for each meeting of the Advisory Oversight Community Outreach Committee. A copy of the agenda shall be provided to the department fifteen working days before any scheduled meeting so that the department can arrange for the necessary staff to be in attendance and provide notification to the committee members and the public.(g) The presiding officer or the assistant presiding officer of the Advisory Oversight Community Outreach Committee shall ensure that the minutes of each meeting of the committee are recorded and that a record of attendance for each meeting of the committee shall be made. The department shall have the necessary staff present at each committee meeting to assist with the recording of the meeting minutes, preparation of the attendance record, and to provide information concerning any department operation under lawful consideration by the committee. The department shall prepare and distribute copies of the minutes, attendance record, any other committee documents, or committee recommendations to each committee member after each meeting. The presiding officer or the assistant presiding officer shall present the minutes, attendance record, any other committee documents, and committee recommendations to the Public Safety Commission at the next regularly scheduled meeting of the Public Safety Commission that follows any meeting of the Advisory Oversight Community Outreach Committee. All documents submitted to the Public Safety Commission shall be of sufficient detail to allow the Public Safety Commission to properly evaluate the committee's work in accordance with Texas Government Code, §411.0197(e).(h) Recommendations and advice given by the Advisory Oversight Community Outreach Committee are not binding on the Public Safety Commission. The Advisory Oversight Community Outreach Committee has no executive or administrative powers or duties with respect to the operation of the department, and all such powers and duties rest solely with the Public Safety Commission.(i) Members of the Advisory Oversight Community Outreach Committee are not entitled to compensation for their service nor reimbursement of the member's travel expenses.(j) As provided in Government Code, §2110.006, by January 1 of each year, department staff, in consultation with the presiding officer, shall evaluate the previous fiscal year and report to the Public Safety Commission, on:(1) the committee's work;(2) the committee's usefulness; and(3) the costs related to the committee's existence, including the cost of the department's staff time spent in support of the committee's activities.(k) As provided in Government Code, §2110.008, the Advisory Oversight Community Outreach Committee is abolished on January 1, 2011, unless the Public Safety Commission establishes a different date by rule.</content><note type="source"><p>Source Note: The provisions of this §4.71 adopted to be effective January 30, 2007, 32 TexReg 333.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c4/scF"><num value="F">SUBCHAPTER F</num><heading>COOPERATION WITH THE TEXAS ANIMAL HEALTH COMMISSION</heading><section identifier="/us/state/tx/tac/t37/p1/c4/scF/s4.81"><num value="4.81">§4.81</num><heading>Cooperation with the Texas Animal Health Commission Regarding Enforcement of Entry Requirements</heading><content>(a) As provided under Texas Agricultural Code, §161.051 the department will cooperate with the Texas Animal Health Commission regarding enforcement of entry requirements by reporting potential problems to the commission and providing assistance to the commission when requested.(b) The Texas Animal Health Commission guidelines are located in 4 TAC §59.4 (relating to Cooperation with the Texas Department of Public Safety Regarding Enforcement of Entry Requirements).</content><note type="source"><p>Source Note: The provisions of this §4.81 adopted to be effective January 30, 2022, 47 TexReg 347.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c5"><num value="5">CHAPTER 5</num><heading>CRIMINAL LAW ENFORCEMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c5/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c5/scA/s5.1"><num value="5.1">§5.1</num><heading>Chapter Definitions</heading><content>The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Department--means the Texas Department of Public Safety.(2) Director--means the director of the department or his designee.(3) 28 CFR--means 28 Code of Federal Regulations, Part 23.1 et seq., as promulgated by the U.S. Department of Justice, Office of Justice Programs.</content><note type="source"><p>Source Note: The provisions of this §5.1 adopted to be effective March 11, 2008, 33 TexReg 2035.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scA/s5.2"><num value="5.2">§5.2</num><heading>Conduct of a Criminal Investigation</heading><content>(a) An officer or other member of the Criminal Law Enforcement Division may conduct a criminal investigation when adequate suspicion exists that a crime has been, is being, or is about to be committed. The investigation shall ascertain the facts:(1) to determine the existence of:(A) reasonable suspicion to support the temporary detention of a suspect for further investigation or identification;(B) probable cause to support a search or arrest warrant; or(C) probable cause to support the warrantless seizure of property or evidence or the warrantless arrest of a suspect who is committing or has committed a crime, or(2) to take lawful action to prevent a crime from being committed.(b) An officer or member who is conducting a criminal investigation shall be primarily concerned only with an investigation within the specialty field to which the officer or member has been assigned, except:(1) in an emergency situation; or(2) when instructed to participate in a special investigation by a supervisor.(c) No officer or member may investigate a public official without proper authorization of the director, the assistant director, or another individual expressly acting in the stead of the director.</content><note type="source"><p>Source Note: The provisions of this §5.2 adopted to be effective March 11, 2008, 33 TexReg 2035.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c5/scB"><num value="B">SUBCHAPTER B</num><heading>REPORTING PROPERTY CRIMES AGAINST THE ELDERLY</heading><section identifier="/us/state/tx/tac/t37/p1/c5/scB/s5.11"><num value="5.11">§5.11</num><heading>Subchapter Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.(1) Analysis under this subchapter means a 28 Code of Federal Regulations (CFR)--compliant analysis by the department of information collected under this subchapter in conjunction with other corresponding information to determine:(A) a trend or pattern, including modus operandi (MO);(B) a general outline of a confidence scheme, including victim selection;(C) a general description of an organization engaging in confidence schemes; and(D) specific identification of a potential victim, offender, or organization, including membership, address, alias, opening gambit, and vehicle information.(2) Elderly individual--means a person 65 years of age or older.(3) Property crime--means:(A) an offense under Penal Code, Chapter 31 (Theft);(B) an offense under Penal Code, Chapter 32 (Fraud);(C) any other offense under the Penal Code involving an intent to steal or defraud, which may include robbery, burglary, or computer crime; or(D) if the underlying offense is described by this paragraph:(i) a preparatory offense under Penal Code, Chapter 15; or(ii) an organized crime offense under Penal Code, Chapter 71.</content><note type="source"><p>Source Note: The provisions of this §5.11 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scB/s5.12"><num value="5.12">§5.12</num><heading>Applicability and Purpose</heading><content>(a) Applicability. This subchapter:(1) does not apply to every crime against an elderly individual, including elderly abuse or injury to an elderly individual; and(2) does apply to an offense that is:(A) a property crime;(B) investigated by a Texas law enforcement agency; and(C) committed against an elderly individual.(b) Determination of age. The victim's status as an elderly individual is determined according to the victim's age at the time of the offense.(c) Background. The elderly are often victims targeted by individuals who prey on their vulnerability, especially through home repair and service swindles and other confidence schemes.(1) These individuals are frequently part of a group that travels quickly from one location to another. The timely sharing of centrally collected and analyzed information with local authorities and certain other agencies will provide the highest level of law enforcement protection to these victims.(2) Through the joint efforts of the department and other law enforcement agencies, an apparently minor report of an unsolved offense may, when considered in light of other information and analysis, provide critical:(A) strategic information to a follow-up investigator, including MO or a known associate; or(B) tactical information to an officer in the field, including an alias or vehicle used.(d) Purpose. This subchapter describes the system by which shared intelligence serves local law enforcement by providing useful information and analysis concerning property crimes against the elderly. Using this system, the department will:(1) collect information about certain property crimes against the elderly;(2) enter the information into a database;(3) conduct an analysis under this subchapter;(4) disseminate the information or analysis to an appropriate recipient in a timely manner; and(5) develop evidence, or point to information from which evidence can be derived to show a particular criminal intent, including an intent to deprive, steal, or defraud, based on the unique characteristics of the confidence scheme, including its repetition, frequency, or transient nature.(e) Primary investigation. The law enforcement agency with appropriate territorial jurisdiction remains the primary agency responsible for the investigation. Upon request, the department may:(1) assist the agency; or(2) conduct the primary investigation, in unusual circumstances involving a large multi-jurisdiction criminal organization.</content><note type="source"><p>Source Note: The provisions of this §5.12 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scB/s5.13"><num value="5.13">§5.13</num><heading>Requirements</heading><content>(a) Report. Government Code, §411.051, requires a state or local law enforcement agency that investigates a property crime committed against an elderly individual to report the investigation in the form and manner and at the regular intervals as prescribed by department rules. This section comprises the department rules concerning the form, manner, and interval for these reports.(b) Form. The investigating agency complies with the report form requirements of law, if the agency, without regard to case clearance or whether any charge is filed, reports the investigation to the department by forwarding:(1) a copy of the initial investigative report; and(2) a copy of any supplemental investigative report containing new, significant information material to the investigation, including any ultimate charge or disposition.(c) Manner. The investigating agency may comply with the report manner requirements of law, if the agency reports the investigation by sending the copies to the department by:(1) regular mail to: Criminal Intelligence Service MSC 0420, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas, 78773-0420;(2) fax to Criminal Intelligence Service at: (512) 424-5434; or(3) electronic mail to Criminal Intelligence Service at: crimintel@txdps.state.tx.us.(d) Required interval. The investigating agency may comply with the report interval requirements of law if the agency sends the copies to the department at least by the end of the next calendar week after the week in which the report was made.(e) Recommended interval. In order to maximize the possibility of timely exchange of information and analysis, the department encourages but does not require the agency to send an earlier electronic transmission of the report as soon as possible.</content><note type="source"><p>Source Note: The provisions of this §5.13 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scB/s5.14"><num value="5.14">§5.14</num><heading>Processing and Analysis</heading><content>(a) CLERIS. The department will process the information received under this subchapter by entering selected information from the reports into CLERIS, the "Criminal Law Enforcement Reporting and Information System" database.(b) Analysis. The department will make reasonable efforts to analyze the information under this subchapter.(c) General report. The department may provide a general statistical report of information or analysis under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §5.14 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scB/s5.15"><num value="5.15">§5.15</num><heading>Intelligence</heading><content>(a) Department responsibility. The department will maintain any intelligence component of the database described by this subchapter by extracting information from an investigative report or other intelligence source. The department assumes responsibility for 28 CFR compliance by the database.(b) Local intelligence database. Nothing in Government Code, §411.051, or this subchapter prohibits a local law enforcement agency from establishing and maintaining a local intelligence database about an individual offender or group preying on the elderly.(c) 28 CFR. The act of forwarding a copy of a report under this subchapter does not by itself expose the submitting agency to any 28 CFR requirement.(d) Other intelligence reports. The department encourages submission and will accept any proper intelligence report about an individual offender or group preying on the elderly.</content><note type="source"><p>Source Note: The provisions of this §5.15 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scB/s5.16"><num value="5.16">§5.16</num><heading>Dissemination</heading><content>(a) Generally. The department may disseminate information received and the results of an analysis made under this subchapter:(1) as permitted by law and this section; and(2) to a local law enforcement agency, a political subdivision, or a state agency to the extent the information or analysis is reasonably necessary or useful to the agency or subdivision in carrying out the duties imposed by law on the agency or subdivision.(b) Intelligence guidelines. While Government Code, §411.051, subsection (a) of this section, and other laws regulate a department dissemination of factual information collected under this subchapter, each department dissemination of an analysis must also comply with general intelligence guidelines and principles, including need to know and right to know and limitations on further disclosure.(c) Query. The department may assist an agency or subdivision representative in formulating a proper or useful query. To make a query or seek assistance, the agency or subdivision may contact one of the following individuals assigned to Criminal Intelligence Service, who is normally available Monday through Friday from 8:00 a.m. to 5:00 p.m.:(1) a headquarters analyst at: (800) 252-5402 or (512) 424-2200; or(2) an investigator or analyst at: a Criminal Intelligence Service field office.(d) CLEO. The department may provide a law enforcement agency access to CLEO, the "Criminal Law Enforcement Online" website. Under this subchapter, the CLEO website may include current projects, general outlines of confidence schemes, general descriptions of confidence groups, MO patterns, frequently asked questions, and any other appropriate analysis under this subchapter. The department restricts CLEO access to members of a law enforcement agency.(e) Public website. The department may provide public information on its general website about the program administered by the department under this subchapter. The general website is: http://www.txdps.state.tx.us.(f) Other dissemination. The department may disseminate selected information or analysis under this subchapter through a newsletter, bulletin, alert, public safety announcement, or other appropriate media.</content><note type="source"><p>Source Note: The provisions of this §5.16 adopted to be effective March 25, 2002, 27 TexReg 2239; amended to be effective March 11, 2008, 33 TexReg 2036.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c5/scC"><num value="C">SUBCHAPTER C</num><heading>THREATS AGAINST PEACE OFFICERS AND DETENTION OFFICERS</heading><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.31"><num value="5.31">§5.31</num><heading>Subchapter Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.(1) Agency--A criminal justice agency, including the department when submitting a Threat Against Peace Officer (TAPO) report.(2) Consensual citizen encounter--The approach of a citizen by an officer under limited circumstances that are neither mandatory nor coercive and that do not rise to the level of a detention or arrest, where:(A) the citizen is objectively aware of the freedom to leave; and(B) the officer engages in casual conversation rather than interrogation.(3) Criminal justice agency--Has the meaning assigned by the Code of Criminal Procedure, Article 66.001.(4) Peace officer--Has the meaning assigned by Penal Code, §1.07(a).(5) Detention officer--A person who is employed to ensure the safekeeping of prisoners and the security of a municipal or county jail.(6) Serious threat against a peace officer or detention officer--An individual's expression of intent to inflict serious bodily injury or death on a peace officer or detention officer.(7) TAPO--The Threat Against Peace Officer index managed by the department. This is a statewide Texas only index and facilitates in state alerts only.(8) TCIC--The Texas Crime Information Center managed by the department.(9) TLETS--The Texas Law Enforcement Telecommunication System managed by the department.(10) VPF--The Violent Persons File managed by the FBI and contained within the National Crime Information Center (NCIC) database. The file was created to alert law enforcement officers that an individual they may be encountering may have the propensity for violence against law enforcement. Entry of officer threat information into the VPF will facilitate a nationwide alert.</content><note type="source"><p>Source Note: The provisions of this §5.31 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.32"><num value="5.32">§5.32</num><heading>Applicability and Purpose</heading><content>(a) This subchapter does not apply to every threat or offense targeting a peace officer or detention officer or threats made by a group rather than an individual.(b) This subchapter applies to a threat determined by a Texas criminal justice agency:(1) to be a serious threat directed specifically against an individual peace officer or detention officer or generally against some or all peace officers or detention officers; and(2) not to be from an anonymous source.(c) After an individual makes a serious threat against a peace officer or detention officer, an appropriately disseminated alert about that threat may provide critical tactical information to a peace officer or detention officer in the field.(1) The timely sharing of centrally-collected threat information will help protect peace officers or detention officers.(2) TAPO is a pointer system designed to provide rapid, statewide access to information about these threats.(3) This subchapter governs the submission, query, dissemination, use, and retention of an electronic record in the TAPO and the information supporting that record.(4) In addition to making an entry into the TAPO to comply with this subchapter, agencies with threat information that meet the requirement for entry into the NCIC VPF shall make an entry into the NCIC VPF to facilitate a nationwide alert to law enforcement that may encounter the individual.</content><note type="source"><p>Source Note: The provisions of this §5.32 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.33"><num value="5.33">§5.33</num><heading>General Requirements</heading><content>(a) Under Government Code, §411.048(i), an agency entering an electronic TAPO record must comply with all TCIC and TLETS policies with respect to the information held by the agency to support the electronic record.(b) No agency may submit an electronic TAPO record without proper criminal predicate directly related to the threat information supporting the electronic record.(1) Criminal predicate is shown for an electronic record when articulable information exists to establish sufficient facts to give a peace officer, investigator, or other trained criminal justice employee reasonable suspicion to believe that a particular individual has made a serious threat against a peace officer or detention officer.(2) The individual need not have been arrested for the threat being investigated or any other crime, as predicate for submitting information to TAPO.(c) If information is disseminated from a TAPO record and later determined to be materially erroneous or incorrect, the submitting agency must notify each previous recipient of the error or correction in the record. The department may assist the submitting agency in determining the identity of each recipient of the erroneous or incorrect record.(d) No agency may use data received solely based on a TAPO query to populate another searchable database.</content><note type="source"><p>Source Note: The provisions of this §5.33 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.34"><num value="5.34">§5.34</num><heading>Submission</heading><content>(a) Under Government Code §411.048, a criminal justice agency must, upon determining that an individual has made a serious threat against a peace officer or detention officer, immediately enter an electronic report of the determination into TAPO in the form and manner provided by this subchapter.(1) This section comprises the department rules concerning the form and manner for these reports.(2) The form and manner may contain discretionary or mandatory provisions. Mandatory provisions describe the minimum information available to any agency making a proper TAPO query. Discretionary provisions describe additional information that may be stored by the department and available in a TAPO response.(b) An agency must, without regard to ultimate charge or case clearance, enter an electronic record into TAPO.(c) An agency must enter the electronic record following the manner required by TCIC policy and procedure.(d) The department will remove an electronic TAPO record if:(1) the department receives an appropriate court order;(2) the department determines that the TAPO record is misleading, inaccurate, or otherwise no longer relevant; or(3) the submitting agency fails or refuses to:(A) provide adequate documentation of any material information supporting the record; or(B) validate the supporting information within the five year review period.(e) The department will not accept submission of an electronic TAPO record for an individual if the record is based solely on the individual's membership in a group.(f) An agency should take reasonable steps to notify the intended target of the threat.</content><note type="source"><p>Source Note: The provisions of this §5.34 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.35"><num value="5.35">§5.35</num><heading>Query</heading><content>(a) An agency may query TAPO following the query requirements specified by TCIC policy and procedure.(b) An agency with proper query access to TCIC through TLETS will receive a TAPO alert response to any one of several person queries available through TCIC.</content><note type="source"><p>Source Note: The provisions of this §5.35 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.36"><num value="5.36">§5.36</num><heading>Dissemination</heading><content>(a) The department will disseminate a TAPO alert in compliance with this subchapter.(b) The agency will immediately use a code to make the initial alert dissemination to an officer in the field by radio or other telecommunication system, unless there is a compelling reason to use plain English.(1) The agency may provide other details of the alert, including the identity of the agency that submitted the electronic record to contact for specific, detailed information about the nature of the threat.(2) The department encourages but does not require a uniform, statewide code to make the initial alert.(c) The department may disseminate selected information or analysis under this subchapter through a general statistical report, newsletter, bulletin, alert, or other appropriate media.</content><note type="source"><p>Source Note: The provisions of this §5.36 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.37"><num value="5.37">§5.37</num><heading>Use</heading><content>(a) Generally, while TAPO is not designed to provide information to justify most official action, the same facts supporting the TAPO alert may be used as appropriate to support an action. TAPO merely alerts the officer and identifies the agency to contact in order to verify those facts. The officer may use the alert as expressly permitted by this section and, after contacting the agency, take other appropriate action based on direct information about any supporting fact.(b) A TAPO alert indicates a potentially dangerous individual, not necessarily a wanted person. No officer or agency may use the TAPO by itself to provide:(1) probable cause for a warrantless arrest;(2) probable cause in an affidavit for an arrest or search warrant;(3) a ground of denial for a permit or other license; or(4) reasonable suspicion to stop or detain an individual.(c) A peace officer or detention officer or agency may only use a TAPO alert to:(1) take reasonable action to protect the peace officer or detention officer or another;(2) engage in a consensual citizen encounter; or(3) establish reasonable suspicion to frisk a suspect stopped or detained for another independent reason.</content><note type="source"><p>Source Note: The provisions of this §5.37 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c5/scC/s5.38"><num value="5.38">§5.38</num><heading>Retention and Review</heading><content>(a) An agency must retain the information supporting each electronic report submitted by the agency following the retention requirements as specified by TCIC policy and procedure.(b) An agency must systematically review the information supporting each electronic report submitted by the agency to TAPO to ensure the record is still accurate, complete and relevant.(c) An individual, who is the subject of the information in a TAPO record, may request a copy of the TAPO record from the department in compliance with the Public Information Act. The department shall promptly respond to the request.(d) An individual who is the subject of the information in a TAPO record, may request the director review the TAPO record to determine whether the information complies with this subchapter. The department shall conduct the review using the same procedure under the Code of Criminal Procedure, Chapter 67, for reviewing criminal information collected on a criminal street gang.</content><note type="source"><p>Source Note: The provisions of this §5.38 adopted to be effective February 24, 2002, 27 TexReg 1179; amended to be effective March 11, 2008, 33 TexReg 2036; amended to be effective March 17, 2019, 44 TexReg 1359.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c6"><num value="6">CHAPTER 6</num><heading>LICENSE TO CARRY HANDGUNS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scA/s6.1"><num value="6.1">§6.1</num><heading>Definitions</heading><content>Unless defined in this section or the context clearly indicates otherwise, all terms used in this chapter have the meanings provided by Government Code, §411.171:(1) Act--Texas Government Code, Chapter 411, Subchapter H.(2) Certificate--The authorization to instruct and test applicants for a license to carry a handgun under the Act.(3) Department--The Texas Department of Public Safety(4) License--The license to carry a handgun issued under the Act.(5) License holder--A person licensed to carry a handgun under the Act.(6) Warning--A written notification of a violation.</content><note type="source"><p>Source Note: The provisions of this §6.1 adopted to be effective March 15, 2017, 42 TexReg 1136; amended to be effective January 11, 2018, 43 TexReg 236.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scA/s6.2"><num value="6.2">§6.2</num><heading>Approved First Responder Handgun Storage Devices</heading><content>(a) A handgun storage device is approved by the department for use by an on-duty first responder entering a location where handguns are prohibited by federal law or otherwise if the handgun is stored in a lockbox safe, or container designed by the manufacturer to safely secure and store a handgun using a key, keycode, combination, biometrics, proximity sensor, or other similar means to prevent unauthorized access or theft.(b) The approved storage device must be secured in a manner that prevents the device from being easily removed.(c) To prevent an unintentional discharge, only weapons and weapon accessories should be stored in the approved device.</content><note type="source"><p>Source Note: The provisions of this §6.2 adopted to be effective March 3, 2022, 47 TexReg 951.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scB"><num value="B">SUBCHAPTER B</num><heading>ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.11"><num value="6.11">§6.11</num><heading>Application Review and Background Investigation</heading><content>(a) The statutory time periods for the department to conduct application reviews and background investigations shall be measured from the date a complete application is received by the department.(b) For an application to be considered complete, the department must receive all information required by the Act and this chapter, including additional requests for information, and all nonrefundable fees must be paid.(c) If an application is not legible or complete, the department will notify the applicant of the deficiency. The applicant will have 90 days from the date of the deficiency notification letter to amend the application. Upon written request, the department may extend the period to amend the application for one additional 90 day period. After the period to amend expires, the application process is terminated.(d) An individual whose application is terminated under this subsection will be required to submit new application materials and fees to apply for a license in the future.</content><note type="source"><p>Source Note: The provisions of this §6.11 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.12"><num value="6.12">§6.12</num><heading>Fingerprints</heading><content>(a) Except as provided by §411.175 of the Act, electronic fingerprints are required for all original applicants and must be submitted through the department's approved vendor.(b) For renewals, if fingerprints on file do not meet current Federal Bureau of Investigation or the department's quality standards, applicants will be required to submit a new set of electronic fingerprints to complete the renewal application process.</content><note type="source"><p>Source Note: The provisions of this §6.12 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective September 11, 2024, 49 TexReg 7049.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.13"><num value="6.13">§6.13</num><heading>Photographs</heading><content>(a) An applicant for a license must submit photographs unless the applicant holds an unexpired Texas driver license or an unexpired Texas personal identification certificate.(b) If an applicant is required to submit photographs, the applicant shall submit two recent identical photographs of the applicant to the department. The photographs must:(1) be passport style, unretouched prints and not snapshots, vending machine prints, or full length photographs;(2) be 2 inches by 2 inches in size and printed on photo quality paper;(3) be taken in normal light, with a contrasting white background;(4) present a clear, frontal image of the applicant and include the full face from the bottom of the chin to the top of the head, including hair; and(5) be taken without eyeglasses.(c) Unless worn daily for religious purposes, all hats or headgear must be removed for the photograph and no item or attire may cover or otherwise obscure any facial features, including the eyes, nose, and mouth.</content><note type="source"><p>Source Note: The provisions of this §6.13 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective March 5, 2020, 45 TexReg 1440.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.14"><num value="6.14">§6.14</num><heading>Proficiency Requirements</heading><content>(a) The figure in this section provides the proficiency demonstration requirements applicable to applicants for either a license to carry a handgun or certification as a qualified handgun instructor.Attached Graphic(b) An applicant for a license to carry a handgun must score at least 70% on both the written examination and the proficiency examination.(c) An applicant for a license to carry a handgun will have three opportunities to pass the written examination and the proficiency examination within a 12-month period.(d) The qualified handgun instructor or approved online course provider must submit all examination failures to the department on the class completion notification. The notification must indicate if the failure occurred after the applicant had been given three opportunities to pass the examinations.(e) On successful completion of the written or proficiency examinations, the qualified handgun instructor or approved online course provider, as applicable, shall certify the applicant has established his or her proficiency on the form and in the manner determined by the department.(f) With the exception of first responder certificates of training issued under §6.18 of this title (relating to First Responder Certification; Renewal of Certification) and tactical medical professional certificates of training issued under §6.19 of this title (relating to Tactical Medical Professional Certification; Renewal of Certification), all certificates of training are valid for two years from the date they are issued by the qualified handgun instructor or approved online course provider. Any certificate of training that is required in conjunction with an application must be valid on the date the completed application is submitted to the department.(g) The qualified handgun instructor shall require all applicants for a license to carry a handgun to complete the range instruction part of the handgun proficiency course before allowing a physical demonstration of handgun proficiency.</content><note type="source"><p>Source Note: The provisions of this §6.14 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective January 11, 2018, 43 TexReg 236; amended to be effective November 4, 2021, 46 TexReg 7423; amended to be effective March 3, 2022, 47 TexReg 951; amended to be effective September 11, 2024, 49 TexReg 7049; amended to be effective January 1, 2026, 50 TexReg 8619.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.15"><num value="6.15">§6.15</num><heading>Duplicate License</heading><content>A license holder may not possess more than one license to carry a handgun issued by the department. A license holder who receives a renewal or duplicate license shall destroy the old license promptly upon receipt of the duplicate license.</content><note type="source"><p>Source Note: The provisions of this §6.15 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.16"><num value="6.16">§6.16</num><heading>Renewal of License</heading><content>(a) An expired license may be renewed for up to one year after the expiration date. If the license has been expired for more than one year, the former license holder must submit an original license application to receive a license in the future.(b) Renewal notices will be provided to a license holder no more than six months before the expiration date to the mailing address currently reported to the department by the license holder.</content><note type="source"><p>Source Note: The provisions of this §6.16 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective January 11, 2018, 43 TexReg 236.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.17"><num value="6.17">§6.17</num><heading>Designations</heading><content>(a) The list in this subsection reflects the current designations as they appear on the license and the individuals to whom the designations may apply:(1) Veteran: Military veterans meeting the requirements of Government Code, §411.1951;(2) Judge/Prosecutor: Judges or justices, prosecuting attorneys, United States attorneys, assistant United States attorneys, the attorney general, assistant attorney generals, district attorneys, assistant district attorneys, criminal district attorneys, assistant criminal district attorneys, county attorneys, assistant county attorneys, and municipal attorneys;(3) Instructor: Individuals certified as qualified handgun instructors;(4) Protected Person: Individuals meeting the requirements for the protective order designation under Government Code, §411.1735 or the at-risk designation under Government Code, §411.184; and(5) Court Clerk: District or county clerks.(b) On request of the department, the holder of a license with a protective order designation or an at-risk designation shall annually certify to the department that the individual continues to qualify for the designation and shall submit to the department a copy of any subsequent court order, documentation from the court indicating the previous order remains in effect, or any other information the department requires to verify the individual's continuing eligibility. An individual who no longer qualifies for the protective order designation or the at-risk designation shall immediately notify the department.(c) If the department determines that the individual is no longer eligible for a designation under this section, the department shall notify the individual that the license has expired. The license holder shall immediately return the license to the department.</content><note type="source"><p>Source Note: The provisions of this §6.17 adopted to be effective November 4, 2021, 46 TexReg 7423; amended to be effective May 2, 2024, 49 TexReg 2696.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.18"><num value="6.18">§6.18</num><heading>First Responder Certification; Renewal of Certification</heading><content>(a) A license holder who is also a first responder, as defined in Section 46.01, Penal Code, may obtain the first responder certification by:(1) successfully completing the first responder certification course offered by a qualified handgun instructor who is certified as a first responder instructor; and(2) submitting a request for a first responder certification, including the certificate of completion provided by the first responder instructor and any documentation requested by the department establishing the requestor's employment as a first responder.(b) The first responder certificate of training may be submitted to the department within one year from the date it was issued by the qualified handgun instructor. The first responder certificate of training must be valid on the date it is submitted to the department.(c) The first responder certification must be renewed annually by completing the required continuing education course provided by a certified first responder instructor and submitting the certificate of training to the department. The certificate of continuing education training is valid for six months from the date of issuance. The certificate of continuing education training must be valid on the date the original first responder certificate expires.</content><note type="source"><p>Source Note: The provisions of this §6.18 adopted to be effective March 3, 2022, 47 TexReg 951; amended to be effective September 11, 2024, 49 TexReg 7049.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scB/s6.19"><num value="6.19">§6.19</num><heading>Tactical Medical Professional Certification; Renewal of Certification.</heading><content>(a) A license holder who is also a tactical medical professional, as defined in §411.1884, Government Code, may obtain the tactical medical professional certification by:(1) successfully completing the tactical medical professional certification course offered by a qualified handgun instructor who is certified as a tactical medical professional instructor; and(2) submitting a request for a tactical medical professional certification, including the certificate of completion provided by the tactical medical professional instructor, and any documentation requested by the department establishing the requestor's employment as a tactical medical professional.(b) The tactical medical professional certificate of training may be submitted to the department within one year from the date it was issued by the qualified handgun instructor. The tactical medical professional certificate of training must be valid on the date it is submitted to the department.(c) The tactical medical professional certification must be renewed annually by completing the required continuing education course provided by a certified tactical medical professional instructor and submitting the certificate of training to the department. The certificate of continuing education training is valid for six months from the date of issuance. The certificate of continuing education training must be valid on the date the original tactical medical professional certificate expires.</content><note type="source"><p>Source Note: The provisions of this §6.19 adopted to be effective January 1, 2026, 50 TexReg 8619.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scC"><num value="C">SUBCHAPTER C</num><heading>QUALIFIED HANDGUN INSTRUCTOR LICENSE</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.31"><num value="6.31">§6.31</num><heading>Qualified Handgun Instructor Application</heading><content>(a) If an incomplete qualified handgun instructor application is received, the department will notify the applicant in writing the application is incomplete and specify the information needed to complete the application. The additional information must be submitted to the department within 90 days of the date of the deficiency notice. Failure to provide the required documentation within the specified time period will result in termination of the application.(b) In addition to the provisions of this section, a person applying for a qualified handgun instructor license must comply with all standards and requirements applicable to the eligibility and application procedure for a license to carry a handgun, as detailed in Subchapter B of this chapter.</content><note type="source"><p>Source Note: The provisions of this §6.31 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.32"><num value="6.32">§6.32</num><heading>Qualified Handgun Instructor Training Course</heading><content>(a) As part of the initial training course, the qualified handgun instructor applicant must demonstrate handgun proficiency and pass a written examination.(b) Once a qualified handgun instructor applicant has submitted a complete application, the department will schedule the applicant for a qualified handgun instructor training course and notify the applicant of the date, time and location of the course. Only scheduled applicants will be permitted to attend the course.(c) A qualified handgun instructor applicant who is required to attend in person and is not able to attend the course of instruction for which he or she is scheduled may request to be rescheduled for another class. If the qualified handgun instructor applicant fails to attend this second scheduled class, the application will be terminated and the individual will be required to submit a new application in order to attend a course in the future.</content><note type="source"><p>Source Note: The provisions of this §6.32 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.33"><num value="6.33">§6.33</num><heading>Handgun Proficiency Training Equipment</heading><content>A qualified handgun instructor applicant must bring the required equipment, detailed in this section, to handgun proficiency training: one semi-automatic handgun; one non semi-automatic handgun; ammunition; ear protection (over-the-ear) and eye protection; other appropriate protective clothing; and other equipment as determined by the department. Handguns must be at least .32 caliber.</content><note type="source"><p>Source Note: The provisions of this §6.33 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.34"><num value="6.34">§6.34</num><heading>Inspection of Handguns</heading><content>Each handgun used in a training course must be in safe and working condition. No handgun may have any internal modification which compromises the safety of the weapon. Handguns are subject to inspection by the department's instructors prior to training and at any time during the training course. If the department's instructor finds a weapon is unsafe, then the instructor will reject the weapon for use in training and qualifications. The instructor may require any handgun be secured or removed from department premises.</content><note type="source"><p>Source Note: The provisions of this §6.34 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.35"><num value="6.35">§6.35</num><heading>Qualifying Scores</heading><content>(a) A qualified handgun instructor applicant must qualify using the department's course of fire on both the semi-automatic and non semi-automatic handgun with a minimum score of 90%. The instructor applicant will have two opportunities to demonstrate proficiency as described in §6.14(a) of this title (relating to Proficiency Requirements) during the training course.(b) A qualified handgun instructor applicant must pass a written exam with a minimum score of 80%. The instructor applicant will be given two opportunities to pass the written exam during the training course.(c) The department will terminate a qualified handgun instructor applicant who fails to complete the course or fails to pass either the written or proficiency examination on the second attempt.</content><note type="source"><p>Source Note: The provisions of this §6.35 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.36"><num value="6.36">§6.36</num><heading>Conduct During Training</heading><content>(a) A qualified handgun instructor applicant may be removed from the training course at the discretion of the department. Reasons for removal may include but are not limited to unsafe conduct, unsafe handling of equipment, failure to follow range rules, or failure to follow all applicable state and federal laws.(b) The department may terminate the application of a qualified handgun instructor applicant who is removed from the training course.</content><note type="source"><p>Source Note: The provisions of this §6.36 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.37"><num value="6.37">§6.37</num><heading>Failure to Qualify for Certification</heading><content>An instructor applicant who fails to qualify on their first attempt for certification will be given a preference for an opportunity to attend the normal course of instruction within 12 months.</content><note type="source"><p>Source Note: The provisions of this §6.37 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.38"><num value="6.38">§6.38</num><heading>No Authority To Carry</heading><content>Certification as an instructor does not authorize a person to carry a handgun.</content><note type="source"><p>Source Note: The provisions of this §6.38 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.40"><num value="6.40">§6.40</num><heading>Facilities and Instruction</heading><content>(a) With the exception of online courses offered by approved online course providers, all instruction must be conducted in person by qualified handgun instructors who hold a valid certificate in Texas. Guest instructors, webinars, and videos may not substitute for the required course hours.(b) All classroom and range instruction for license applicants shall be conducted in this state. Classroom and range instruction may be subject to observation by the department, for purposes of ensuring compliance with the instruction and examination requirements. Instruction may not be conducted at a location not accessible to the department.(c) The department's current curriculum must be used by the qualified handgun instructor.</content><note type="source"><p>Source Note: The provisions of this §6.40 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.41"><num value="6.41">§6.41</num><heading>Instructor Reports to the Department</heading><content>(a) On completion of a training course by an applicant for a license, the qualified handgun instructor who trained the applicant shall submit a class completion report to the department within five business days indicating only whether the applicant passed or failed.(b) If an accidental discharge occurs during training or proficiency examination, the qualified handgun instructor shall submit a report to the department within five business days.(c) Reports must be submitted using the forms approved by the department.</content><note type="source"><p>Source Note: The provisions of this §6.41 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.42"><num value="6.42">§6.42</num><heading>Record Retention</heading><content>(a) A qualified handgun instructor shall make available for inspection to the department any and all records maintained by the instructor under the Act. A qualified handgun instructor shall retain:(1) the instructor's certificate of training;(2) course materials including curriculum, lesson plans, presentations, and any other documents used during the course; and(3) copies of reports submitted to the department.(b) Records must be retained for a period of six years after completion. Records must be stored in a safe and secure place and must be available for inspection by the department.(c) If the qualified handgun instructor certification is revoked or surrendered, the records subject to this section should be returned to the department.</content><note type="source"><p>Source Note: The provisions of this §6.42 adopted to be effective March 15, 2017, 42 TexReg 1137; amended to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.43"><num value="6.43">§6.43</num><heading>Restrictions on Advertising and Promotional Material</heading><content>(a) A qualified handgun instructor may not use the State Seal of Texas in advertising or promotional materials other than as provided in Business and Commerce Code, §17.08.(b) A qualified handgun instructor may not use the department's name or insignia, or the name of any division of the department, in advertising or promotional materials, in a manner misleading to the general public.</content><note type="source"><p>Source Note: The provisions of this §6.43 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.44"><num value="6.44">§6.44</num><heading>Compliance</heading><content>Qualified handgun instructor applicants and qualified handgun instructors are required to comply with all applicable municipal ordinances, state and federal statutes, and rules, regulations, policies and operational procedures of the department. Failure to comply may constitute grounds for denial, suspension, or revocation of the person's qualified handgun instructor certification or removal from training.</content><note type="source"><p>Source Note: The provisions of this §6.44 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.45"><num value="6.45">§6.45</num><heading>Administrative Penalties</heading><content>(a) A qualified handgun instructor may be subject to disciplinary action for violations of this chapter or the Act. The figure in this section provides the administrative penalty schedule for violations. Attached Graphic(b) If multiple violations are found, the department may impose separate penalties for each violation as noted on the penalty schedule. The department may require multiple suspension periods be served consecutively based on the severity, duration, frequency and seriousness of the violations. (c) Any violation of the same category committed after a prior finalized violation will be subject to an enhanced penalty. A finalized violation is a violation that was finally adjudicated or was not requested to be reviewed under §411.180 and §411.191 of the Act. (d) The department may impose an enhanced penalty in cases involving particularly egregious, dangerous, or intentional violations. (e) Review of the department's actions under this section are governed by §411.191 of the Act. (f) No courses may be offered or conducted following a final suspension or revocation of the instructor's certification. Applications for a license to carry a handgun submitted based on a course taken from an instructor whose certification is suspended or revoked will be rejected as incomplete.</content><note type="source"><p>Source Note: The provisions of this §6.45 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.46"><num value="6.46">§6.46</num><heading>Renewal of Qualified Handgun Instructor Certification</heading><content>(a) The certificate of a qualified handgun instructor expires on December 31 following the second anniversary after the date the certificate was issued.(b) To renew certification, an instructor must pay a fee of $100 and successfully complete the retraining courses required by the department. An instructor whose certificate has expired may renew the certificate up to one year after its expiration. After one year, the instructor must reapply as a new qualified handgun instructor applicant.</content><note type="source"><p>Source Note: The provisions of this §6.46 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scC/s6.47"><num value="6.47">§6.47</num><heading>Online Renewal Course for Qualified Handgun Instructor Certification</heading><content>(a) An online renewal course for qualified handgun instructors will be conducted every alternate renewal period. Qualified handgun instructor renewal applicants who are eligible for online retraining under §411.190(d-1) of the Act will be notified.(b) A qualified handgun instructor who is eligible to take the renewal course online must complete the course prior to the expiration of the instructor's current certificate, but not earlier than six months prior to the date of expiration. If the instructor fails to complete the course within six months of the date of expiration, the application will be terminated and the individual will be required to submit a new application.(c) A written examination must be taken and passed with a minimum score of 80%.</content><note type="source"><p>Source Note: The provisions of this §6.47 adopted to be effective March 15, 2017, 42 TexReg 1137.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scD"><num value="D">SUBCHAPTER D</num><heading>SCHOOL SAFETY CERTIFICATION FOR QUALIFIED HANDGUN INSTRUCTORS</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scD/s6.61"><num value="6.61">§6.61</num><heading>Application for School Safety Instructor Certification</heading><content>(a) A person is eligible for a school safety instructor certification if the person is currently certified by the department as a qualified handgun instructor; has no suspension, revocation or other disciplinary actions pending; and has taught at least four license to carry a handgun courses within the year prior to their application.(b) The application fee for a school safety instructor certification is $100. This fee is nonrefundable.(c) An applicant for certification as a school safety instructor is required to attend the course in person. If the applicant is unable to attend, the applicant may request to be rescheduled for another course. If the applicant fails to attend the second scheduled course, the application will be terminated and the applicant will be required to submit a new application to attend a course in the future.(d) The department school safety instructor certification course must have an instructor to student ratio no greater than 1:6 and may have no more than twelve students per course.(e) School safety instructor certification applicants are required to pass a prequalifying written examination consisting of material from the current license to carry a handgun course. A passing score of 90% or better must be achieved on the first attempt. Failing students will not be permitted to continue the training. The student must reapply as a new applicant for a future course.(f) School safety instructor applicants who pass the prequalifying written examination will be required to demonstrate handgun proficiency using the current license to carry a handgun course of fire. A passing score of 90% or better must be achieved on the first attempt. A second attempt may be allowed at the discretion of the department if the prior failure was the result of a weapon malfunction. Students may use only one handgun, and the handgun must meet the requirements of the Act and of this chapter. Failing students will not be permitted to continue the training. The student must reapply as a new applicant for a future course.(g) Only school safety instructor applicants who pass the prequalifying written examination and the proficiency demonstration will be allowed to attend the school safety instructor certification course which includes practical exercises. A student may be removed from the school safety instructor certification course for reasons described in §6.37 of this title (relating to Conduct During Training). Students must pass the department approved final written examination for school safety instructors with a score of 90% or better. Failing students must reapply as a new applicant for a future course.(h) School safety instructor applicants who pass the course shall be provided a certificate in the form approved by the department.(i) The school safety instructor certification remains valid so long as the instructor's qualified handgun instructor certification remains valid and is continuously renewed prior to expiration.(j) In addition to the provisions of this section, a person applying for a school safety instructor certification must comply with all standards and requirements applicable to the eligibility and application procedure for a license to carry a handgun and a qualified handgun license instructor, as detailed in Subchapter B and Subchapter C of this chapter.</content><note type="source"><p>Source Note: The provisions of this §6.61 adopted to be effective March 15, 2017, 42 TexReg 1138.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scD/s6.62"><num value="6.62">§6.62</num><heading>Certified School Safety Courses</heading><content>(a) A certified school safety instructor may provide school safety training to employees of a school district or an open-enrollment charter school who are current holders of a license to carry a handgun.(b) The school safety course must be taught using the department approved curriculum and examinations. The course of instruction for school safety instructors shall be 15-20 hours in length.(c) School safety courses must have a certified school safety instructor to student ratio of no greater than 1:6 and may have no more than twelve students per course.(d) Following the classroom portion and the practical exercises, students must pass the department approved final written examination with a score of 90% or better. Failing students will not receive a certificate of completion from the instructor. The student may reapply as a new applicant for a future course.(e) The students will participate in 5 practical exercises. One of these exercises involves shooting a handgun. The students must participate and perform adequately to progress through the class, as determined by the instructor. The practical exercises may not be provided to students in advance, and students may not be permitted to practice.(f) On completion of the school safety course, the certified school safety instructor who conducted the course shall submit a report within five business days to the department indicating only whether the participants in the course passed or failed. The report must be submitted in the manner determined by the department.(g) Students who pass the course shall be provided a form approved by the department.(h) Certified school safety instructors must comply with this chapter's rules relating to license to a qualified handgun instructor license course scheduling, reporting, and record retention unless otherwise provided in this section.</content><note type="source"><p>Source Note: The provisions of this §6.62 adopted to be effective March 15, 2017, 42 TexReg 1138.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scE"><num value="E">SUBCHAPTER E</num><heading>APPROVED ONLINE COURSE PROVIDERS</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.81"><num value="6.81">§6.81</num><heading>Approved Online Course Provider Application</heading><content>(a) An applicant for certification as an approved online course provider must have at least three years of experience in providing online course instruction. This experience must be through web-based technologies and must include the presentation of course material and the provision of student examinations. Uploaded video presentations alone are not sufficient to establish such experience.(b) The applicant must submit verifiable documentation of the online course instruction experience required in subsection (a) and an affidavit attesting to the accuracy and validity of the documentation.(c) If an incomplete approved online course provider application is received, the department will notify the applicant in writing the application is incomplete and specify the information needed to complete the application. The additional information must be submitted to the department within 90 days of the date of the deficiency notice. Failure to provide the required documentation within the specified time period will result in termination of the application.(d) In addition to the provisions of this section, a person applying for a certificate as an approved online course provider must comply with all standards and requirements applicable to the eligibility and application procedure for a license to carry a handgun, as detailed in Subchapter B of this chapter.(e) A current qualified handgun instructor who meets the qualifications for certification as an approved online course provider may obtain certification as an approved online course provider by submitting the appropriate application and fee. The instructor course is not required if the individual is currently an active qualified handgun instructor.</content><note type="source"><p>Source Note: The provisions of this §6.81 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.82"><num value="6.82">§6.82</num><heading>Qualifying Scores</heading><content>(a) An approved online course provider applicant must pass a written exam with a minimum score of 80%. The applicant will be given two opportunities to pass the written exam during the training course.(b) The department will terminate an applicant who fails to pass the written examination on the second attempt.</content><note type="source"><p>Source Note: The provisions of this §6.82 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.83"><num value="6.83">§6.83</num><heading>Failure to Qualify for Certification</heading><content>An approved online course provider applicant who fails to qualify on their first attempt for certification will be given a preference for an opportunity to attend the normal course of instruction within 12 months.</content><note type="source"><p>Source Note: The provisions of this §6.83 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.84"><num value="6.84">§6.84</num><heading>No Authority To Carry</heading><content>Certification as an approved online course provider does not authorize a person to carry a handgun.</content><note type="source"><p>Source Note: The provisions of this §6.84 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.85"><num value="6.85">§6.85</num><heading>Instruction</heading><content>(a) Online courses are subject to review by the department, for purposes of ensuring compliance with the instruction and examination requirements.(b) The department's current curriculum must be used by the approved online course provider.(c) Approved online course providers shall issue certificates of course completion only to students who have successfully completed all elements of the department approved license to carry curriculum.(d) Approved online course providers must develop and maintain a means to ensure the security and integrity of all student information.</content><note type="source"><p>Source Note: The provisions of this §6.85 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.86"><num value="6.86">§6.86</num><heading>Approved Online Course Provider Reports to the Department</heading><content>(a) On completion of a training course by an applicant for a license, the approved online course provider who trained the applicant shall submit a class completion report to the department within five business days indicating only whether the applicant passed or failed.(b) Reports must be submitted using the forms approved by the department.</content><note type="source"><p>Source Note: The provisions of this §6.86 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.87"><num value="6.87">§6.87</num><heading>Record Retention</heading><content>(a) Approved online course providers must be located, or maintain a registered agent, in the State of Texas. Approved online course providers that process, deliver, or store curriculum materials, or student records of course completion to be used for the department approved license to carry a handgun course must be located within the United States.(b) An approved online course provider shall make available for inspection to the department any and all records maintained by the provider under the Act. An approved online course provider shall retain:(1) the approved online course provider's certificate of training;(2) course materials including curriculum, lesson plans, presentations, and any other documents used during the course; and(3) copies of reports submitted to the department.(c) Records must be retained for a period of six years after completion. Records must be stored in a safe and secure place and must be available for inspection by the department.(d) If an approved online course provider's certification is revoked or surrendered, any records retained under this section shall be returned to the department.</content><note type="source"><p>Source Note: The provisions of this §6.87 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.88"><num value="6.88">§6.88</num><heading>Restrictions on Advertising and Promotional Material</heading><content>(a) An approved online course provider may not use the State Seal of Texas in advertising or promotional materials other than as provided in Business and Commerce Code, §17.08.(b) An approved online course provider may not use the department's name or insignia, or the name of any division of the department, in advertising or promotional materials, in a manner misleading to the general public.</content><note type="source"><p>Source Note: The provisions of this §6.88 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.89"><num value="6.89">§6.89</num><heading>Compliance</heading><content>Approved online course applicants and providers are required to comply with all applicable municipal ordinances, state and federal statutes, and rules, regulations, policies and operational procedures of the department. Failure to comply may constitute grounds for denial, suspension, or revocation of the person's approved online course provider certification or removal from training.</content><note type="source"><p>Source Note: The provisions of this §6.89 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.90"><num value="6.90">§6.90</num><heading>Administrative Penalties</heading><content>(a) An approved online course provider may be subject to disciplinary action for violations of this chapter or the Act. The figure in this section provides the administrative penalty schedule for violations. Attached Graphic(b) If multiple violations are found, the department may impose separate penalties for each violation as noted on the penalty schedule. The department may require multiple suspension periods be served consecutively based on the severity, duration, frequency and seriousness of the violations. (c) Any violation of the same category committed after a prior finalized violation will be subject to an enhanced penalty. A finalized violation is a violation that was finally adjudicated or was not requested to be reviewed under §411.180 and §411.191 of the Act. (d) The department may impose an enhanced penalty in cases involving particularly egregious, dangerous, or intentional violations. (e) Review of the department's actions under this section are governed by §411.191 of the Act. (f) No courses may be offered or conducted following a final suspension or revocation of the approved online provider's certification. Applications for a license to carry a handgun submitted based on a course taken from an approved online course provider whose certification is suspended or revoked will be rejected as incomplete.</content><note type="source"><p>Source Note: The provisions of this §6.90 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.91"><num value="6.91">§6.91</num><heading>Renewal of Approved Online Course Provider Certification</heading><content>(a) The certificate of an approved online course provider expires on December 31 following the second anniversary after the date the certificate was issued.(b) To renew certification, an approved online course provider must pay a fee of $100 and successfully complete the retraining courses required by the department. An approved online course provider whose certificate has expired may renew the certificate up to one year after its expiration. After one year, the provider must reapply as a new approved online course provider applicant.</content><note type="source"><p>Source Note: The provisions of this §6.91 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scE/s6.92"><num value="6.92">§6.92</num><heading>Online Renewal Course for Approved Online Course Provider Certification</heading><content>(a) An online renewal course for approved online course providers will be conducted every alternate renewal period. Approved online course provider applicants who are eligible for online retraining under §411.190(d-1) of the Act will be notified.(b) An approved online course provider who is eligible to take the renewal course online must complete the course prior to the expiration of the approved online course provider's current certificate, but not earlier than six months prior to the date of expiration. If the approved online course provider fails to complete the course within six months of the date of expiration, the application will be terminated and the individual will be required to submit a new application.(c) A written examination must be taken and passed with a minimum score of 80%.</content><note type="source"><p>Source Note: The provisions of this §6.92 adopted to be effective January 11, 2018, 43 TexReg 237.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scF"><num value="F">SUBCHAPTER F</num><heading>FIRST RESPONDER INSTRUCTOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scF/s6.95"><num value="6.95">§6.95</num><heading>Application for First Responder Instructor Certification</heading><content>(a) A qualified handgun instructor may apply for an instructor of the first responder certification course if their qualified handgun instructor certification is current and they have no suspension, revocation or other disciplinary actions pending.(b) A first responder instructor certification applicant is required to attend the department's training course in person. If the applicant is unable to attend their original scheduled first responder instructor course in person, the applicant may request to be rescheduled for a second first responder instructor course. If the applicant fails to attend the second scheduled course, the application will be terminated, and the applicant is required to submit a new application to attend a first responder instructor course in the future.(c) A first responder instructor certification applicant is required to pass a prequalifying written examination consisting of material from the current license to carry a handgun course. A passing score of 90% or better must be achieved on the first attempt. A student scoring less than 90% is not permitted to continue the training and must reapply as a new applicant for a future course.(d) A first responder instructor certification applicant who passes the prequalifying written examination is required to demonstrate handgun proficiency using the current license to carry a handgun course of fire. A passing score of 90% or better must be achieved on the first attempt. A second attempt may be allowed at the discretion of the department if the prior failure was the result of a weapon malfunction. A student may use only one handgun, and the handgun must meet the requirements of the Act and of this chapter. A student who scores less than 90% will not be permitted to continue the training and must reapply as a new applicant for a future course.(e) Only those first responder instructor certification applicants who pass the prequalifying written examination and the proficiency demonstration will be allowed to attend the first responder instructor certification course. A student may be removed from course for reasons described in §6.37 of this title (relating to Conduct During Training). Students must pass the department approved final written examination for certification with a score of 90% or better. Failing students must reapply as a new applicant for a future course.(f) Applicants who pass the course will be provided a certificate in the form approved by the department.(g) The first responder instructor certification remains valid so long as the instructor's qualified handgun instructor certification remains valid and is continuously renewed prior to expiration.(h) The applicant's qualified handgun instructor certification must be current as of the date the first responder instructor certification course begins. If the qualified handgun instructor certification has expired course attendance will not be permitted.(i) There are no fees associated with the first responder instructor certification.</content><note type="source"><p>Source Note: The provisions of this §6.95 adopted to be effective March 3, 2022, 47 TexReg 952.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scF/s6.96"><num value="6.96">§6.96</num><heading>First Responder Certification Courses</heading><content>(a) The first responder training course described in Government Code, §411.184 may only be provided by a certified first responder instructor, and must be taught using the department approved curriculum, training materials, and examinations.(b) Following the classroom portion and the practical exercises, applicants must pass both the department approved final written examination and proficiency demonstration with a score of 90% or better on each. Applicants with a score of less than 90% on the final written examination and the proficiency demonstration will not receive a first responder certificate from the department.(c) On completion of the first responder training course, the certified first responder instructor who conducted the course shall submit a report within five business days to the department indicating whether the applicants in the course passed or failed. The report must be submitted in the manner determined by the department.(d) Certified first responder instructors must comply with this chapter's rules relating to qualified handgun instructor course scheduling, reporting, and record retention unless otherwise provided in this section.(e) Certified first responder instructors must submit all failures of written examinations and proficiency demonstrations to the department on the class completion notification. The notification must indicate whether the failure occurred after the applicant had been given three opportunities to pass the examinations.(f) On successful completion of the written examinations or proficiency demonstrations, the qualified handgun instructor shall certify the applicant has established the applicant's proficiency on the form and in the manner determined by the department.</content><note type="source"><p>Source Note: The provisions of this §6.96 adopted to be effective March 3, 2022, 47 TexReg 952; amended to be effective September 11, 2024, 49 TexReg 7050.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c6/scG"><num value="G">SUBCHAPTER G</num><heading>TACTICAL MEDICAL PROFESSIONAL INSTRUCTOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p1/c6/scG/s6.111"><num value="6.111">§6.111</num><heading>Application for Tactical Medical Professional Instructor Certification.</heading><content>(a) A qualified handgun instructor may apply for an instructor of the tactical medical professional certification course if the applicant's qualified handgun instructor certification is current and the applicant has no suspension, revocation or other disciplinary actions pending.(b) A tactical medical professional instructor certification applicant is required to attend the department's training course in person. If the applicant is unable to attend the originally scheduled tactical medical professional instructor course in person, the applicant may request to be rescheduled for a second tactical medical professional instructor course. If the applicant fails to attend the second scheduled course, the application will be terminated, and the applicant is required to submit a new application to attend a tactical medical professional instructor course in the future.(c) A tactical medical professional instructor certification applicant is required to pass a prequalifying written examination consisting of material from the current license to carry a handgun course. A passing score of 90% or better must be achieved on the first attempt. A student scoring less than 90% is not permitted to continue the training and must reapply as a new applicant for a future course.(d) A tactical medical professional instructor certification applicant who passes the prequalifying written examination is required to demonstrate handgun proficiency using the current license to carry a handgun course of fire. A passing score of 90% or better must be achieved on the first attempt. A second attempt may be allowed at the discretion of the department if the prior failure was the result of a weapon malfunction. A student may use only one handgun, and the handgun must meet the requirements of the Act and of this chapter. A student who scores less than 90% will not be permitted to continue the training and must reapply as a new applicant for a future course.(e) Only tactical medical professional instructor certification applicants who pass the prequalifying written examination and the proficiency demonstration will be allowed to attend the tactical medical professional instructor certification course. A student may be removed from course for reasons described in §6.37 of this title (relating to Conduct During Training). Students must pass the department approved final written examination for certification with a score of 90% or better. Failing students must reapply as a new applicant for a future course.(f) Applicants who pass the course will be provided a certificate in the form approved by the department.(g) The tactical medical professional instructor certification remains valid so long as the instructor's qualified handgun instructor certification remains valid and is continuously renewed prior to expiration. (h) The applicant's qualified handgun instructor certification must be current as of the date the tactical medical professional instructor certification course begins. If the qualified handgun instructor certification has expired course attendance will not be permitted.</content><note type="source"><p>Source Note: The provisions of this §6.111 adopted to be effective January 1, 2026, 50 TexReg 8619.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c6/scG/s6.112"><num value="6.112">§6.112</num><heading>Tactical Medical Professional Certification Courses</heading><content>(a) The tactical medical professional training course described in Government Code, §411.1884 may only be provided by a certified tactical medical professional instructor and must be taught using the department approved curriculum, training materials, and examinations.(b) Following the classroom portion and the practical exercises, applicants must pass both the department approved final written examination and proficiency demonstration with a score of 90% or better on each. Applicants with a score of less than 90% on the final written examination and the proficiency demonstration will not receive a tactical medical professional certificate from the department. (c) On completion of the tactical medical professional training course, the certified tactical medical professional instructor who conducted the course must submit a report within five business days to the department indicating whether the applicants in the course passed or failed. The report must be submitted in the manner determined by the department.(d) Certified tactical medical professional instructors must comply with this chapter's rules relating to qualified handgun instructor course scheduling, reporting, and record retention unless otherwise provided in this section.(e) Certified tactical medical professional instructors must submit all failures of written examinations and proficiency demonstrations to the department on the class completion notification. The notification must indicate whether the failure occurred after the applicant had been given three opportunities to pass the examinations.(f) On successful completion of the written examinations or proficiency demonstrations, the qualified handgun instructor must certify the applicant has established the applicant's proficiency on the form and in the manner determined by the department.</content><note type="source"><p>Source Note: The provisions of this §6.112 adopted to be effective January 1, 2026, 50 TexReg 8619.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c8"><num value="8">CHAPTER 8</num><heading>CAPITOL COMPLEX</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c8/scA"><num value="A">SUBCHAPTER A</num><heading>PROTECTION OF STATE BUILDINGS AND GROUNDS</heading><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.1"><num value="8.1">§8.1</num><heading>General</heading><content>(a) Under the authority of Texas Government Code, §§411.061 - 411.067, the department is authorized to protect the grounds, public buildings, and property of the state, to regulate parking, and to control entrance to state-owned buildings; and to regulate displays and other public use of state buildings.(b) The department has designated Region 7 as the primary unit responsible for carrying out its responsibilities in the Capitol Complex.(c) Within the Capitol Complex, the department will strive to provide a safe work environment for state officials and employees; to protect the grounds, public buildings, and property of the state; to regulate parking; to regulate entrance to and public use of state-owned buildings; and to investigate criminal activity occurring in these locations.(d) These rules shall be applicable to state buildings and property within the Capitol Complex.(e) The provisions of these rules pertaining to public buildings and grounds do not apply to buildings and grounds of:(1) institutions of higher education, as defined by the Texas Education Code, §61.003,(2) state agencies to which control has been specifically committed by law; and(3) state agencies that have demonstrated ability and competence to maintain and control their buildings and grounds and to which the commission has delegated that authority.</content><note type="source"><p>Source Note: The provisions of this §8.1 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.2"><num value="8.2">§8.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the meanings as detailed in this section, unless the context clearly indicates otherwise.(1) Board--The State Preservation Board.(2) Buildings and state buildings--State-owned buildings and property within the Capitol Complex.(3) Capitol Complex--Property located in Austin, Texas, to the extent the property is owned by or under the control of the state; bounded on the north by the inside curb of Martin Luther King, Jr. Boulevard, on the east by the outside curb of Trinity Street, on the south by the outside curb of 10th Street, and on the west by the outside curb of Lavaca Street; the William P. Clements State Office Building located at 300 West 15th Street; and other locations under the jurisdiction of the Texas Department of Public Safety as may be approved by the director.(4) Commission--The Texas Facilities Commission.(5) Department--The Texas Department of Public Safety.(6) Director--The director of the Texas Department of Public Safety.(7) Electronic security access card--An electronic security access card issued by the Texas Department of Public Safety or other authorized state agency.(8) Park or parking--To stand an occupied or unoccupied vehicle, other than temporarily while loading or unloading merchandise or passengers.(9) Region 7--Members of the Deputy Director's Special Staff, to include uniformed and non-uniformed, commissioned and non-commissioned employees of the Texas Department of Public Safety.(10) Stand or standing--To halt an occupied or unoccupied vehicle, other than temporarily while receiving or discharging passengers.</content><note type="source"><p>Source Note: The provisions of this §8.2 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.3"><num value="8.3">§8.3</num><heading>Use of Capitol Rotunda and Grounds</heading><content>(a) Public use of the Capitol Building, the Capitol Extension, the Capitol Grounds, and the Old General Land Office Building is governed by rules promulgated by the board.(b) Members of Region 7 are hereby authorized to enforce those rules adopted by the board.(c) Members of Region 7 will provide protective and security services to the Capitol Building, the Capitol Extension, the Capitol Grounds, and the Old General Land Office Building.</content><note type="source"><p>Source Note: The provisions of this §8.3 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.4"><num value="8.4">§8.4</num><heading>Access to State Buildings</heading><content>(a) Public access. Public access to state buildings is generally unlimited. However, nothing in this chapter shall be understood as permitting the use of any public building, in any manner whatsoever, when such use is for a commercial purpose.(b) Admission to state buildings. The public portions of state buildings are generally open to the public at all times, with the general exception of Saturdays, Sundays, state holidays, and from 6 p.m. to 7 a.m. on working days. Access to state buildings during the times they are not open to the public shall be by building pass card, electronic security access card, special permission, or emergency admission.(1) Building pass cards and electronic security access cards. The chief executive of each agency, in the state building referenced in this subsection, shall be responsible for the control of building pass cards and electronic security access cards issued for their agency. The chief executive may delegate this responsibility to another person(s) in the agency, provided that the Capitol Regional Command Office is notified in writing of the name(s) with a sample of designees' signatures. Agency designees may not appoint other agency designees.(2) Card application. Applications for such cards must be signed by the agency designee and completed by the employee. The employee will submit the application in person; or the agency designee may submit electronically through the designees approved and authorized state email address to the Capitol Regional Command Office for issuance. No card will be issued unless the application is complete and signed by the agency designee or submitted through the approved state email address on file for the designee. An employee may have both a building pass card and an electronic security access card. When this occurs, separate applications will be required. The electronic security access card is not a building pass card and will not be accepted in any other location other than the location for which it was issued.(3) Agency designee. It is the responsibility of the agency designee to notify the Capitol Regional Command Office immediately of any termination of the employee. The agency designee shall return the employee's cards to the Capitol Regional Command Office.(4) Special permission. Special permission is communicated by an appropriate public official or his representative to the Capitol Regional Command Office specifically approving one-time admission to a named individual. Such authorization should be in writing.(5) Emergency admission. Emergency admission is solely within the discretion of the officer on duty, and such officer must accompany the admitted individual at all times while he or she is in the building.(6) Recovery of costs for access cards. The department may recover the cost of materials and services rendered for the issuance of a new or replacement electronic security access card.(c) Building register (admission log). A building register for each building shall be kept for the times it is closed to the public, and each person entering the building, except those entering with an electronic security access card, must complete the information called for in the register.</content><note type="source"><p>Source Note: The provisions of this §8.4 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.5"><num value="8.5">§8.5</num><heading>Emergency Evacuation</heading><content>(a) Evacuation order. The commander of the Capitol Regional Command Office, or the ranking department officer on duty, may order evacuation of all or any part of the Capitol Building or other state buildings in the event of a fire, bomb threat, or any other threat to life and/or property. In the event of a potentially harmful situation at the Capitol Building which does not pose an imminent threat to the health or safety of the occupants and visitors nor to the buildings or grounds themselves, the department shall inform the board and take such action as approved by the board.(b) Floor managers. A floor manager shall be appointed for each floor in each state building in the Capitol Complex. Occupying state agencies shall make their appointments in cooperation with the department and with other agencies and these floor managers shall assist the department in clearing the buildings during emergency evacuations.(c) Use of elevators. No elevators shall be used during an emergency evacuation except to transfer handicapped persons from areas to be evacuated to places of safety and only then with the approval of a member of the department or a fire official.(d) Evacuation of building floors. No one shall be allowed on floors to be evacuated during the period of the threat except department officers, floor managers, and duly authorized peace officers and firemen.(e) Readmission to evacuated areas. A department officer shall give the all-clear signal and permit readmission to the evacuated areas only when the threat has passed.(f) Notification. In all instances enumerated in subsection (a) of this section, the Fire and Safety Office of the State Preservation Board will immediately be notified by the Capitol Regional Command Office and should be represented at the scene.</content><note type="source"><p>Source Note: The provisions of this §8.5 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.6"><num value="8.6">§8.6</num><heading>Fire and Safety Inspection</heading><content>Members of the department will continually be alert for conditions constituting fire or safety hazards. When such conditions are discovered, a written report will be made and a copy will be forwarded to the appropriate section of the commission. In areas under the jurisdiction of the Capitol fire marshal and State Preservation Board, such reports will also be forwarded to those entities.</content><note type="source"><p>Source Note: The provisions of this §8.6 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.7"><num value="8.7">§8.7</num><heading>Prohibited Weapons</heading><content>(a) Firearms, explosive weapons, illegal knives, clubs, and knuckles, as defined in the Texas Penal Code, §46.01, and prohibited weapons as defined in the Texas Penal Code, §46.06, are not permitted in state buildings or on state grounds covered under this subchapter, except in the possession of:(1) a licensed peace officer;(2) as to a handgun or nightstick, a properly licensed private security officer while working under an approved department contract and the contract authorizes the use of an armed guard; or(3) a person who is licensed to carry a handgun, under Texas Government Code, Chapter 411, Subchapter H, or those who are 21 years of age or older and not otherwise prohibited by state or federal law from possessing a firearm provided that such a person may only carry a handgun in a place and under circumstances where not otherwise prohibited by law.(b) Violations of laws relating to weapons will be prosecuted under the applicable statute. Violations of this section which are not otherwise a violation of a particular statute, will be prosecuted under Texas Government Code, §411.065.</content><note type="source"><p>Source Note: The provisions of this §8.7 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective January 10, 2022, 47 TexReg 29.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.8"><num value="8.8">§8.8</num><heading>Solicitation in State Buildings</heading><content>(a) No individual, corporation, association, or organization may be permitted in state buildings for the purpose of:(1) selling, or offering for sale, any real property, goods, or services; or(2) soliciting gifts of money, or gifts of property, without regard to the charitable nature of such gifts, or the method of solicitation.(b) Nothing in this section shall be understood to prohibit any agency head from authorizing any or all of the acts in subsection (a) of this section within the confines of that agency's space in state buildings.(c) The placing or distributing of advertising literature, material, placards, banners, posters, etc., in state buildings is limited to the common areas, such as lobbies, and other areas as designated by the agency head, within the confines of that agency's space in state buildings. The activities described in this subsection shall not be conducted in a manner which disturbs or disrupts work activity or which compromises security of employees, visitors, or state property. Such activities may be conducted only during the times specified in §8.4(b) of this title (relating to Access to State Buildings).(d) The activities prohibited in subsections (a) and (c) of this section are also prohibited on state parking lots and in state parking garages. Literature may be distributed at the entrances or exits to such facilities if the activity does not impede vehicular or pedestrian traffic.(e) A state-sponsored fund raising event for a charitable organization may be approved under the circumstances detailed in this subsection.(1) The charitable organization must have tax-exempt status with the Internal Revenue Service and/or the state comptroller.(2) The event must be approved by the executive director of each agency housed within the building.(3) All proceeds from the event must go to the charitable organization.(4) The event must be organized, directed, and staffed by state employees only.(5) No commercial advertisements may be displayed.</content><note type="source"><p>Source Note: The provisions of this §8.8 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.9"><num value="8.9">§8.9</num><heading>Key and Locksmith Services</heading><content>(a) Provisions. The provisions of this section are designed to promote the care, protection, and security of the state buildings in the Capitol Complex. The department shall be responsible for administering the provisions of this section.(b) Authority. Only the director and/or the commander of the Capitol Regional Command Office shall have the authority to duplicate keys or perform locksmith services for the doors of the state buildings referenced in subsection (a) of this section. In emergency situations such as fire or medical emergencies, it is imperative that department personnel have immediate access to all buildings and offices within the Capitol Complex.(c) Control of interior door keys. The chief executive of each agency in the state buildings referenced in subsection (a) of this section shall be responsible for the control of interior door keys to the space assigned the agency. The chief executive may delegate this responsibility to another person(s) in the agency, provided that the Capitol Regional Command Office is notified in writing of the names of such designees. Agency key designees may not appoint other agency key designees.(d) Requesting duplicate door keys. Any key designee needing duplicate door keys should notify the commander of the Capitol Regional Command Office, or his designee, of the request, indicating the building, room number, key number, and the number of keys required.(e) Receipt of keys. The elected official or state agency chief executive officer or his or her respective designee may obtain the keys requested either for a door re-key or duplication of keys by signing a department service order indicating by his or her signature he or she has received the keys.(f) Returning keys. Any and all keys issued to an elected official, state agency chief executive, or his or her respective employees must be returned to the Capitol Regional Command Office upon his or her termination of service to the state or upon termination of employment.(g) Installation and maintenance of locking hardware. Service for the installation and maintenance of all locking hardware must be obtained through the commission. Installation of new or additional locking hardware must be compatible to and capable of being placed under the department grand master and control system and must be coordinated through the department.(h) Construction. All construction which involves adding, relocating, removing, or in any way modifying locking hardware that is in a facility that is under the jurisdiction of the department must be coordinated through the department and must be compatible to and capable of being placed under the department grand master and control system.(i) Master keys. Master keys of any level may only be issued by the authority of the director and/or the commander of the Capitol Regional Command Office. Any request for a master key must be submitted in writing indicating the reasons for the request and must be signed by the elected official or the chief executive officer of the agency.(j) Building entrance door keys. Building entrance door keys may only be issued by the authority of the director and/or the commander of the Capitol Regional Command Office. Any request for a building entrance door key must be submitted in writing indicating the reasons for the request and must be signed by the elected official or the chief executive officer of the agency.(k) Charge for services. A fee may be charged to recover the cost of services rendered. Said fee to be established by the chief fiscal officer of the department and approved by the director.</content><note type="source"><p>Source Note: The provisions of this §8.9 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.10"><num value="8.10">§8.10</num><heading>Access to General Services Areas in State Buildings</heading><content>(a) Persons other than commission employees requiring access to space assigned to the Buildings and Property Services Division of the commission (mechanical rooms, electrical equipment rooms, telephone rooms, mechanical chases, data closets, and roofs of buildings) in the state buildings under their care and control shall submit their requests, in writing, to the director of the commission.(b) Upon written approval from the director of the commission, the department will notify the chief executive of the affected agency before approving and providing access as approved by the commander or his designee of the Capitol Regional Command Office.</content><note type="source"><p>Source Note: The provisions of this §8.10 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scA/s8.11"><num value="8.11">§8.11</num><heading>Security of State Office Buildings</heading><content>(a) The department is authorized to conduct security surveys of state-owned buildings to determine the need for security equipment and on-site security personnel. If it is determined that a need exists, these services may be provided if funding is available. The regulations detailed in this section will apply to security devices and personnel.(1) Video security systems. In order to meet legal requirements pertaining to chain of custody of evidence, all video security systems located in public or common access areas (exterior doors, lobbies, loading docks, etc.) will be under the control of the department.(2) Electronic security access. Electronic security access systems installed on exterior and interior building doors must be approved by, and in the case of exterior building doors controlled by the computer security system of the department. Capitol visitor screening equipment (x-ray machines and metal detector units) will be under the control of the department.(3) Security personnel. When a verified need exists for on-site security personnel in a state-owned building, the department is authorized to assign its personnel to the location or after receiving a written request from the chief executive of the agency requesting security services, the department shall assist with developing a contract with a private security agency to provide the personnel. In order to ensure fair and equitable security for all agencies housed in a building, all contracts for private security personnel in a state building must be approved by the department.(4) Funding. If the department does not have funds to provide services or equipment under this section, other state agencies may enter into interagency contracts to reimburse the department for such costs.(b) Any unattended containers large enough to contain explosive devices are subject to searches by department security personnel.(c) The provisions of this section do not apply to buildings and grounds which fall under the provisions of §8.1(e) of this title (relating to General).</content><note type="source"><p>Source Note: The provisions of this §8.11 adopted to be effective January 12, 2015, 40 TexReg 248.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c8/scB"><num value="B">SUBCHAPTER B</num><heading>UNMANNED AERIAL VEHICLES</heading><section identifier="/us/state/tx/tac/t37/p1/c8/scB/s8.21"><num value="8.21">§8.21</num><heading>Unmanned Aerial Vehicles Prohibited</heading><content>An unmanned aerial vehicle may not be operated in or over state property including land and buildings in the Capitol Complex as defined by Government Code, §411.061 unless authorized as provided under §8.22 of this title (relating to Limited Use Authorization to Operate Unmanned Aerial Vehicles).</content><note type="source"><p>Source Note: The provisions of this §8.21 adopted to be effective January 10, 2016, 41 TexReg 490.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c8/scB/s8.22"><num value="8.22">§8.22</num><heading>Limited Use Authorization to Operate Unmanned Aerial Vehicles</heading><content>(a) Capitol grounds. An unmanned aerial vehicle may be operated in or over the capitol grounds if advance limited use authorization has been obtained from the State Preservation Board. The operator shall comply with all terms of the limited use authorization in operating the vehicle. Authorization from the State Preservation Board extends only to the capitol grounds area and does not extend to the Capitol Complex.(b) Capitol Complex area. An unmanned aerial vehicle may be operated in or over the Capitol Complex area if advance limited use authorization has been obtained from the Texas Facilities Commission. The operator shall comply with all terms of the limited use authorization in operating the vehicle. Authorization from the Texas Facilities Commission extends only to the Capitol Complex area and does not extend to the capitol grounds.(c) Other authorizations. An unmanned aerial vehicle may be operated within the Capitol Complex by:(1) a law enforcement agency or person operating under contract with a law enforcement agency; or(2) any state, federal, or local government agency or contractor for that agency that is using the unmanned aerial vehicle to perform a governmental function.(d) Flight operations. Prior to operating an unmanned aerial vehicle, as authorized under a limited use authorization or other authorization, the operator shall contact the department Capitol Complex headquarters to schedule the flight operation. During operations the pilot of the unmanned aerial vehicle shall possess and present the authorization upon request to any personnel of the department, Texas Facilities Commission, or State Preservation Board.</content><note type="source"><p>Source Note: The provisions of this §8.22 adopted to be effective January 10, 2016, 41 TexReg 490.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c9"><num value="9">CHAPTER 9</num><heading>PUBLIC SAFETY COMMUNICATIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scA"><num value="A">SUBCHAPTER A</num><heading>DISASTER COMMUNICATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scA/s9.1"><num value="9.1">§9.1</num><heading>Responsibilities</heading><content>(a) Notification. The Texas Department of Public Safety (DPS) has the responsibility for gathering information on actual or threatened emergencies and disaster situations and transmitting such information through channels to DPS state headquarters. Such information will be sent as soon as practical and by the most expeditious means available to:(1) the director;(2) public information office;(3) assistant director, Texas Division of Emergency Management;(4) regional commander;(5) captain of district where incident occurred;(6) state coordinator;(7) district coordinator; and(8) others, as local policy dictates.(b) Threatened emergency. When a threat of disaster exists, a message will be sent containing, as a minimum, the following information:(1) type of emergency;(2) area concerned;(3) officials responsible for relief measures;(4) method and point of contact with officials; and(5) anticipated resource requirements.(c) Emergency and postemergency information. During an emergency or disaster or immediately thereafter, a message will be sent reporting the following information as soon as possible:(1) type of disaster;(2) estimate of damage; and(3) estimate of casualties and fatalities.(d) Full reconnaissance report. As rapidly as a full reconnaissance can be made of the disaster area, a message containing the following information will be transmitted through channels to DPS state headquarters:(1) extent of area affected;(2) condition of public utility, facilities, and communications;(3) estimate of property damage;(4) confirmation of the number of casualties and fatalities;(5) location, phone number, or method of contact with local control center; and(6) outside assistance required, if any.(e) Progress reports. During the course of a disaster situation, progress reports will be made as often as necessary to keep DPS personnel fully informed of existing conditions. Periodic reports are necessary even though conditions and activities remain unchanged.</content><note type="source"><p>Source Note: The provisions of this §9.1 adopted to be effective January 1, 1976; amended to be effective November 12, 2013, 38 TexReg 7972.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scA/s9.2"><num value="9.2">§9.2</num><heading>Disaster and Emergency Warnings</heading><content>(a) The Texas Department of Public Safety (DPS or the department) and the National Weather Service (NWS) have entered into a cooperative program of tornado and severe weather warnings. National Weather Service forecasts for general areas where severe weather or tornadoes may develop are transmitted to DPS offices in the forecast area and to the emergency operations center in the department state headquarters. Department personnel, local police agencies, and local officials are notified to be on the alert should conditions become threatening. When suspicious cloud formations appear on the NWS radar, the NWS will request the department to make visual observations at the location indicated and report the findings of the observer to the NWS through established communications channels. This request for visual observation will be made to the nearest department office. When the visual observation corroborates the radar finding that severe weather exists, an appropriate warning is issued by the NWS to local officials in all communities in the affected area.(b) When the NWS requests visual observation of a suspected severe weather area, department personnel involved will comply with the request and report findings. On occasions when no severe weather forecast has been issued nor a sighting made on radar, and locally severe storms (damaging hail, high winds, flash floods, or tornado) occur in an area or community, it is the responsibility of the department personnel to report such occurrences to state headquarters as soon as practicable through proper channels and by the most expeditious means of communications. Address this information to the regional commander, highway patrol captain, and state and district coordinators in the region and district where such weather occurred. The message shall contain, as a minimum, the following:(1) kind of storm;(2) location;(3) number of casualties and fatalities, if any;(4) extent of damage with special reference to schools, hospitals, public utilities, and public property; and(5) action being taken.</content><note type="source"><p>Source Note: The provisions of this §9.2 adopted to be effective January 1, 1976; amended to be effective November 12, 2013, 38 TexReg 7972.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scB"><num value="B">SUBCHAPTER B</num><heading>EMERGENCY COMMUNICATIONS PROCEDURE</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scB/s9.11"><num value="9.11">§9.11</num><heading>Emergency Conditions</heading><content>(a) Emergency identified. When a condition exists that endangers the life or safety of officers or citizens to the extent that uninterrupted communications with another station or stations is required, other stations and units within the radiating pattern may be directed to transmit only emergency communications.(b) Responsibility. The responsibility for initiation of emergency operations for any given incident rests with the officer or supervisor involved in the emergency situation. The communications operator may initiate the procedure when it becomes apparent that an officer is too deeply involved in the incident to make the request or when contact has been lost with an officer who has indicated involvement or possibility of involvement in an emergency situation.(c) Initiation of procedure. When such emergency conditions arise, the communications operator at the communications facility involved should, at the earliest possible moment, make a general broadcast to units and stations within the area served advising of the emergency limitations. If interference occurs from units or stations not aware of the emergency conditions, they should be directly, briefly, and courteously acquainted with the situation to avoid further interruptions.(d) Termination procedure. When it is apparent that the emergency conditions no longer exist, the communications operator will confer with the officers involved in the incident to determine if and when the emergency procedures will be terminated. When the decision has been made to terminate, the operator will make a general broadcast to stations and units involved, advising of the termination so that normal communications may be resumed.(e) Notification of in-line supervisors. The immediate supervisors of department services involved in an emergency situation will be notified of the existing conditions. Supervisors are responsible for keeping abreast of the situation in case the situation worsens or major decisions become necessary.</content><note type="source"><p>Source Note: The provisions of this §9.11 adopted to be effective January 1, 1976.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scC"><num value="C">SUBCHAPTER C</num><heading>AMBER ALERT NETWORK FOR ABDUCTED CHILDREN</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scC/s9.21"><num value="9.21">§9.21</num><heading>Statewide Coordination of AMBER Alert Network</heading><content>The AMBER Alert Network was developed as a statewide emergency response system for abducted children. The network is designed to be activated in instances involving true child abductions. Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in a responsible manner. AMBER Alert activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case.</content><note type="source"><p>Source Note: The provisions of this §9.21 adopted to be effective July 27, 2005, 30 TexReg 4216; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scC/s9.22"><num value="9.22">§9.22</num><heading>Local Law Enforcement Responsibility</heading><content>A local law enforcement agency with jurisdiction over the investigation of an abducted child may submit a request for activation of the AMBER Alert Network. The request must be submitted using the appropriate Texas Department of Public Safety (DPS) form, available on the DPS website. A local law enforcement agency may submit the form after it has verified that all statutory criteria for activation are clearly established by the specific facts of the case.</content><note type="source"><p>Source Note: The provisions of this §9.22 adopted to be effective July 27, 2005, 30 TexReg 4216; amended to be effective August 10, 2008, 33 TexReg 6150; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scC/s9.23"><num value="9.23">§9.23</num><heading>Department Responsibility</heading><content>The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.</content><note type="source"><p>Source Note: The provisions of this §9.23 adopted to be effective July 27, 2005, 30 TexReg 4216.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scC/s9.24"><num value="9.24">§9.24</num><heading>Activation and Deactivation</heading><content>AMBER Alert Network activations and deactivations are made according to the procedures specified in the current Statewide Texas AMBER Alert Network Plan.</content><note type="source"><p>Source Note: The provisions of this §9.24 adopted to be effective July 27, 2005, 30 TexReg 4216; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scD"><num value="D">SUBCHAPTER D</num><heading>SILVER ALERT NETWORK</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scD/s9.31"><num value="9.31">§9.31</num><heading>Purpose of Silver Alert Network</heading><content>(a) The Silver Alert Network ("network") was developed as a statewide emergency response system for certain missing senior citizens and individuals diagnosed with Alzheimer's disease. The network is designed to be activated when a missing senior citizen, 65 years of age or older with a diagnosed impaired mental condition or when any person diagnosed with Alzheimer's disease poses a credible threat to his or her health and safety.(b) A diagnosed impaired mental condition means a mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically significant behavioral or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability, or an important loss of freedom. In addition, this individual's current condition presents a significant level of impairment to pose a credible threat to the individual's health and safety. The condition, e.g., Alzheimer's disease or dementia, shall be documented by a medical or mental health professional.(c) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in a responsible manner.(d) Network activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case. The department has complete discretion in making the final determination about the activation of the Silver Alert Network.</content><note type="source"><p>Source Note: The provisions of this §9.31 adopted to be effective October 28, 2007, 32 TexReg 7490; amended to be effective February 20, 2018, 43 TexReg 892.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scD/s9.32"><num value="9.32">§9.32</num><heading>Local Law Enforcement Responsibility</heading><content>A local law enforcement agency with jurisdiction over the investigation of a missing person may submit a request for activation of the Silver Alert Network. The request must be submitted using the appropriate Texas Department of Public Safety (DPS) form, available on the DPS website. A local law enforcement agency may submit the form after it has verified that all statutory criteria for activation are clearly established by the specific facts of the case. Local law enforcement shall provide documentation of a diagnosed impaired mental condition with the request for activation.</content><note type="source"><p>Source Note: The provisions of this §9.32 adopted to be effective October 28, 2007, 32 TexReg 7490; amended to be effective August 10, 2008, 33 TexReg 6150; amended to be effective October 21, 2015, 40 TexReg 7245; amended to be effective February 20, 2018, 43 TexReg 892; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scD/s9.33"><num value="9.33">§9.33</num><heading>Department Responsibility</heading><content>The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.</content><note type="source"><p>Source Note: The provisions of this §9.33 adopted to be effective October 28, 2007, 32 TexReg 7490.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scD/s9.34"><num value="9.34">§9.34</num><heading>Activation and Deactivation</heading><content>Silver Alert Network activations and deactivations are made according to the procedures specified in the current Silver Alert standard operating guidelines.</content><note type="source"><p>Source Note: The provisions of this §9.34 adopted to be effective October 28, 2007, 32 TexReg 7490; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scE"><num value="E">SUBCHAPTER E</num><heading>ENDANGERED MISSING PERSONS ALERT</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scE/s9.41"><num value="9.41">§9.41</num><heading>Purpose of Endangered Missing Persons Alert</heading><content>(a) The Endangered Missing Persons Alert Network (the network) was developed as a statewide emergency response system for those missing persons with an intellectual disability. The network is designed to be activated when the disappearance of a missing person with a diagnosed intellectual disability poses a credible threat to his or her health and safety.(b) A diagnosed intellectual disability will be determined according to the procedure prescribed by Health and Safety Code, §593.005.(c) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in a responsible manner.(d) Network activations must be limited to those instances where the criteria for activation are clearly established by the specific facts of the case. The department's determination on the activation of the Endangered Missing Persons Alert Network is a final determination.</content><note type="source"><p>Source Note: The provisions of this §9.41 adopted to be effective December 19, 2011, 36 TexReg 8575.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scE/s9.42"><num value="9.42">§9.42</num><heading>Local Law Enforcement Responsibility</heading><content>A local law enforcement agency with jurisdiction over the investigation of a missing person may submit a request for activation of the Endangered Missing Persons Alert Network. The request must be submitted using the appropriate Texas Department of Public Safety (DPS) form, available on the DPS website. If a local law enforcement agency determines to notify the department, the local law enforcement agency shall submit the form after it has verified that all criteria for activation are clearly established by the specific facts of the case. Local law enforcement shall provide documentation of a diagnosed intellectual disability with the request for activation.</content><note type="source"><p>Source Note: The provisions of this §9.42 adopted to be effective December 19, 2011, 36 TexReg 8575; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scE/s9.43"><num value="9.43">§9.43</num><heading>Department Responsibility</heading><content>The department shall review a request for activation to confirm that the request meets the established criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all criteria for activation are satisfied.</content><note type="source"><p>Source Note: The provisions of this §9.43 adopted to be effective December 19, 2011, 36 TexReg 8575.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scE/s9.44"><num value="9.44">§9.44</num><heading>Activation and Deactivation</heading><content>Endangered Missing Persons Alert Network activations and deactivations are made according to the procedures specified in the current Endangered Missing Persons Alert standard operating guidelines.</content><note type="source"><p>Source Note: The provisions of this §9.44 adopted to be effective December 19, 2011, 36 TexReg 8575; amended to be effective December 14, 2020, 45 TexReg 8868.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scF"><num value="F">SUBCHAPTER F</num><heading>STATE AMATEUR RADIO OPERATOR SERVICE</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.61"><num value="9.61">§9.61</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context shall clearly indicate otherwise.(1) Department--Texas Department of Public Safety.(2) FCC--Federal Communications Commission.(3) Program--The State's Amateur Radio Program.(4) RACES--Radio Amateur Civil Emergency Service.(5) ROL--Radio Operator Leave.(6) SRO--State RACES Officer.(7) TDEM--Texas Division of Emergency Management.</content><note type="source"><p>Source Note: The provisions of this §9.61 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.62"><num value="9.62">§9.62</num><heading>Statewide Coordination of State Employees Who Are Amateur Radio Operators Supporting Disasters</heading><content>Amateur radio operators are often needed to assist in communications in an emergency. There was no mechanism to allow state employees who are amateur radio operators to take paid leave in order to assist in disaster response operations as there is for other needed state employees. In response, Texas Government Code, §661.919 authorizes state employees who are amateur radio operators to, with certain limitations, take leave in order to participate in disaster relief operations with the approval of their supervisor and the governor. A maximum of 350 State employees may be granted a maximum of 10 days of leave with pay per year to participate in disaster response operations, within the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §9.62 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.63"><num value="9.63">§9.63</num><heading>Application Procedures</heading><content>(a) Individuals wishing to apply for membership eligibility may register at the TDEM Website: www.txdps.state.tx.us/dem.(b) Entries must be legibly written in pen or must be typed.(c) A copy of the individual's current FCC license must be attached to the completed application.</content><note type="source"><p>Source Note: The provisions of this §9.63 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.64"><num value="9.64">§9.64</num><heading>Eligibility Certification Procedures</heading><content>Pursuant to Code of Federal Regulations, Title 47, §97.407, the FCC requires that all amateur radio operators be certified by the emergency management organization the individual supports. The Assistant Director of TDEM is the certifying official for the program. Certification will be for a 3 year period. Applicants will resubmit applications at the conclusion of the 3 year period. If the maximum number of 350 employees has been reached, renewals will be on a "first come basis".</content><note type="source"><p>Source Note: The provisions of this §9.64 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.65"><num value="9.65">§9.65</num><heading>Pay and Benefits</heading><content>A state employee who is a member of the program may be granted leave not to exceed a maximum of 10 days per fiscal year to participate in specialized disaster relief services without a deduction in salary or loss of vacation time, sick leave, earned overtime credit, or state compensatory time, if the leave is taken. The actions listed in this section are required for the employee to use the granted leave:(1) The employee must have the authorization of their agency/supervisor.(2) The Governor has issued a declaration of a State of Disaster or Emergency, under Texas Government Code, Chapter 418, or another occurrence that initiates the State Emergency Management Plan.(3) State employees will use the payroll code ROL to account for time taken to support an authorized event.</content><note type="source"><p>Source Note: The provisions of this §9.65 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.66"><num value="9.66">§9.66</num><heading>Termination from the Program</heading><content>If a member does not actively participate in the program or the member's conduct does not reflect positively upon the program, the member will be removed from the program for just cause. The SRO or the member's supervisor, as applicable will provide documentation detailing the lack of participation or negative conduct. Just cause will be, but is not limited to, any of the following actions detailed in this section:(1) Fraudulent representation on the application.(2) Failure to maintain current personal information.(3) Failure to maintain the standards of the eligibility requirements.(4) Failure to perform response duties when the time has been granted.</content><note type="source"><p>Source Note: The provisions of this §9.66 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.67"><num value="9.67">§9.67</num><heading>Liability/Workers' Compensation Coverage</heading><content>The Texas Labor Code, §501.026, Coverage For Certain Services Provided By Volunteers, states the requirements which must be met in order for a person working as a volunteer to be eligible to claim workers' compensation benefits.</content><note type="source"><p>Source Note: The provisions of this §9.67 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scF/s9.68"><num value="9.68">§9.68</num><heading>Reports</heading><content>In order to manage the program and to better inform the amateur radio operator of activities affecting them, a scheduled reporting system is necessary. The reports listed in this section should be submitted as described:(1) Support verification report. The support verification report will be submitted by the state employee(s) participating in the program. The initial report will be submitted to employee's agency within 2 days of returning to work. The agency will review and submit the original report to the department within 5 days of receiving the report. One copy will be retained by the employee and one copy will be retained by the employee's agency. The original report will be mailed to the department. The mailing address is: Texas Department of Public Safety, Texas Division of Emergency Management, P.O. Box 4087, Attention: Operations, Austin, Texas 78773-0001.(2) State agency report. The state agency report should be submitted on a semiannual basis (January 15 and July 15). The state agency report should include the items listed in this paragraph:(A) Period covered.(B) Agency name.(C) Name and telephone number of the individual submitting the report.(D) Name of the agency employee(s) participating in the program.(E) Brief description of emergencies/disasters the employee(s) responded to.</content><note type="source"><p>Source Note: The provisions of this §9.68 adopted to be effective March 16, 2014, 39 TexReg 1724.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scG"><num value="G">SUBCHAPTER G</num><heading>BLUE ALERT NETWORK</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scG/s9.81"><num value="9.81">§9.81</num><heading>Purpose of Blue Alert Network</heading><content>(a) The Blue Alert Network ("network") was developed as a statewide emergency response system to aid in the apprehension of an individual(s) suspected of killing or causing serious bodily injury to a law enforcement officer. The network is designed to be activated when a law enforcement officer is killed or has suffered bodily injury and the investigating agency believes the missing suspect poses a threat to other law enforcement officers and to the public.(b) Activation of the network outside the established criteria will ultimately cause the public to disregard the notifications, and the system will lose effectiveness. In order to maintain a high level of effectiveness, the department and local law enforcement must ensure that the circumstances justifying activation are accurately evaluated in order to implement the network in responsible manner.(c) Network activations must be limited to those instances where the statutory criteria for activation are clearly established by the specific facts of the case. The department has complete discretion in making the final determination about the activation of the Blue Alert Network.</content><note type="source"><p>Source Note: The provisions of this §9.81 adopted to be effective February 20, 2018, 43 TexReg 892.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scG/s9.82"><num value="9.82">§9.82</num><heading>Local Law Enforcement Responsibility</heading><content>A local law enforcement agency with jurisdiction over the investigation of a killed or a seriously injured officer may submit a request for activation of the Blue Alert network. The request must be submitted using the appropriate Texas Department of Public Safety (DPS) form, available on the DPS website. A local law enforcement agency may submit the form after it has verified that all statutory criteria for activation are clearly established by the specific facts of the case. Local law enforcement shall provide a detailed description of the missing suspect and, if applicable, any available portion of the license plate number of a motor vehicle used by the suspect.</content><note type="source"><p>Source Note: The provisions of this §9.82 adopted to be effective February 20, 2018, 43 TexReg 892; amended to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scG/s9.83"><num value="9.83">§9.83</num><heading>Department Responsibility</heading><content>The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.</content><note type="source"><p>Source Note: The provisions of this §9.83 adopted to be effective February 20, 2018, 43 TexReg 892.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scG/s9.84"><num value="9.84">§9.84</num><heading>Activation and Deactivation</heading><content>Blue Alert network activations and deactivations are made according to the procedures specified in the current Blue Alert standard operating guidelines.</content><note type="source"><p>Source Note: The provisions of this §9.84 adopted to be effective February 20, 2018, 43 TexReg 892; amended to be effective December 14, 2020, 45 TexReg 8869.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scH"><num value="H">SUBCHAPTER H</num><heading>CAMO ALERT NETWORK</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scH/s9.91"><num value="9.91">§9.91</num><heading>Purpose of Camo Alert Network</heading><content>(a) The Camo Alert Network is a statewide emergency response system for registered missing military members, whose whereabouts are unknown, who have registered for the network, and suffer from a mental illness, including post-traumatic stress disorder or a traumatic brain injury. Military members can access the registration form on the Texas Department of Public Safety (DPS) website.(b) In order to maintain a high level of effectiveness, the department and local law enforcement must accurately evaluate the circumstances according to established criteria to justify activation of the network.(c) The department has complete discretion in making the final determination about the activation of the Camo Alert Network. Clearly established facts of the case will limit those instances where the statutory criteria for activation are not met.</content><note type="source"><p>Source Note: The provisions of this §9.91 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scH/s9.92"><num value="9.92">§9.92</num><heading>Definitions</heading><content>The terms in this section have the following meanings when used in this subchapter unless the context clearly indicates otherwise:(1) Mental illness--A mental condition or disorder as defined by the current version of the Diagnostic and Statistical Manual as a clinically significant behavioral, or psychological syndrome or pattern that occurs in an individual and that is associated with present distress or disability or with a significantly increased risk of suffering death, pain, disability or an important loss of freedom. This condition must present a significant level of impairment that poses a credible threat to the individual's health and safety or the health and safety of another individual.(2) Military member--Has the meaning assigned by Texas Government Code, §411.461(3).</content><note type="source"><p>Source Note: The provisions of this §9.92 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scH/s9.93"><num value="9.93">§9.93</num><heading>Local Law Enforcement Responsibility</heading><content>A local law enforcement agency with jurisdiction over the investigation of a missing person requests activation by submitting the DPS form, available on the DPS website. A local law enforcement agency may submit the form after it has verified the facts of the case meet the alert activation criteria. Local law enforcement shall verify documentation of a diagnosed mental illness with the request for activation.</content><note type="source"><p>Source Note: The provisions of this §9.93 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scH/s9.94"><num value="9.94">§9.94</num><heading>Department Responsibility</heading><content>The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.</content><note type="source"><p>Source Note: The provisions of this §9.94 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scH/s9.95"><num value="9.95">§9.95</num><heading>Activation and Deactivation</heading><content>Camo Alert Network activations and deactivations are made according to the procedures specified in the current Camo Alert standard operating guidelines.</content><note type="source"><p>Source Note: The provisions of this §9.95 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c9/scI"><num value="I">SUBCHAPTER I</num><heading>COORDINATED LAW ENFORCEMENT ADULT RESCUE (CLEAR) ALERT NETWORK</heading><section identifier="/us/state/tx/tac/t37/p1/c9/scI/s9.101"><num value="9.101">§9.101</num><heading>Purpose of CLEAR Alert Network</heading><content>(a) The Coordinated Law Enforcement Adult Rescue (CLEAR) Alert Network ("network") is a statewide emergency response system for missing adults 18 to 64 years of age whose whereabouts are unknown and are in imminent danger of bodily injury or death, or the disappearance is involuntary.(b) In order to maintain a high level of effectiveness, the department and local law enforcement must accurately evaluate the circumstances according to established criteria to justify activation.(c) The department has complete discretion in making the final determination about the activation of the CLEAR Alert Network. Clearly established facts of the case will limit those instances where the statutory criteria for activation are not met.</content><note type="source"><p>Source Note: The provisions of this §9.101 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scI/s9.102"><num value="9.102">§9.102</num><heading>Definitions</heading><content>The terms in this section have the following meanings when used in this subchapter unless the context clearly indicates otherwise:(1) Bodily injury--Has the meaning assigned by Penal Code, §1.07.(2) Imminent danger--Ready to take place, near at hand, impending, hanging threateningly over one's head, menacingly near.</content><note type="source"><p>Source Note: The provisions of this §9.102 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scI/s9.103"><num value="9.103">§9.103</num><heading>Local Law Enforcement Responsibility</heading><content>A local law enforcement agency with jurisdiction over the investigation of a missing person requests activation by submitting the appropriate Texas Department of Public Safety (DPS) form, available on the DPS website. A local law enforcement agency may submit the form after it has verified the facts of the case meet the alert activation criteria.</content><note type="source"><p>Source Note: The provisions of this §9.103 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scI/s9.104"><num value="9.104">§9.104</num><heading>Department Responsibility</heading><content>The department shall review a request for activation to confirm that the request meets the statutory criteria for activation. The department will not activate the network until the local law enforcement agency has clearly established that all statutory criteria for activation are satisfied.</content><note type="source"><p>Source Note: The provisions of this §9.104 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c9/scI/s9.105"><num value="9.105">§9.105</num><heading>Activation and Deactivation</heading><content>CLEAR Alert Network activations and deactivations will be made according to the procedures specified in the current CLEAR Alert standard operating guidelines.</content><note type="source"><p>Source Note: The provisions of this §9.105 adopted to be effective December 14, 2020, 45 TexReg 8869.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c10"><num value="10">CHAPTER 10</num><heading>IGNITION INTERLOCK DEVICE</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c10/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c10/scA/s10.1"><num value="10.1">§10.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the meanings detailed in this section, unless indicated otherwise.(1) Act--Texas Transportation Code, §§521.241, 521.247, 521.2475, and 521.2476.(2) Appropriate judicial authority--Court orders or personnel of the Texas judicial system including but not limited to the court or judge ordering an installation, or the related probation, parole, or pretrial service authorities.(3) Authorization--The authority granted by the department to a vendor to engage in the business of installing or servicing ignition interlock devices.(4) Department--The Texas Department of Public Safety.(5) IID or device--An ignition interlock device as defined in Texas Transportation Code, §521.241(2).(6) Mobile unit--A motor vehicle equipped to perform interlock device service or installation at a temporary location.(7) Service center--A fixed physical location at which interlock device installation, service, or removal is performed.(8) Vendor--One who engages in the business of installation, service, or removal of ignition interlock devices at a service center or with a mobile unit.(9) Manufacturer--The actual producer of the device.</content><note type="source"><p>Source Note: The provisions of this §10.1 adopted to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scA/s10.2"><num value="10.2">§10.2</num><heading>Address and Business Information</heading><content>(a) Vendors and manufacturers of approved devices shall at all times maintain on file with the department the current mailing and principal place of business addresses. Vendors shall maintain on file with the department the physical addresses of all service centers, and a current and valid electronic mail address. The principal place of business address of a vendor must be a physical address and may not be a post office box.(b) Vendors and manufacturers of approved devices shall notify the department within 30 calendar days of any change to the mailing or business address by submitting the appropriate department approved form.(c) Vendors and manufacturers of approved devices shall notify the department within 30 calendar days of any change of ownership or company name change by submitting the appropriate department approved form.</content><note type="source"><p>Source Note: The provisions of this §10.2 adopted to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scA/s10.3"><num value="10.3">§10.3</num><heading>Notice</heading><content>(a) The department is entitled to rely on the mailing and electronic mail address currently on file for all purposes relating to notification. The failure to maintain a current mailing address and an electronic mail address with the department is not a defense to any action based on the vendor's, manufacturer's, or applicant's failure to respond.(b) Service of notice upon a vendor, manufacturer, or applicant is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and 3 business days following the date sent if by regular United States mail.(c) The department may send notice of denials or revocations by electronic mail; regular United States mail; certified mail, return receipt requested; or hand-delivery. Refused or unclaimed certified mail will be presumed to have been received as provided by subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §10.3 adopted to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scA/s10.4"><num value="10.4">§10.4</num><heading>Informal Hearing; Settlement Conference</heading><content>(a) A person who receives notice of the department's intention to deny an application for device approval or for vendor authorization, to suspend or revoke a vendor authorization, or to impose an administrative fine, may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Ignition Interlock Device Program website, within thirty (30) calendar days after receipt of notice of the department's proposed action. If a timely written request to appeal is not submitted, the right to an informal hearing or settlement conference, as applicable, and to a hearing before the State Office of Administrative Hearings, is waived, and the proposed action becomes final.(b) If the action is based on the person's criminal history, an informal, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action, or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.(c) If the proposed action is based on an administrative violation, or concerns the denial of an application for device approval, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone, by agreement of the parties. Following the settlement conference, the parties will execute an agreed order, or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.(d) The department's findings resulting from the informal hearing, or its determination following a settlement conference, may be appealed as provided in §10.5 of this title (relating to Hearing Before the State Office of Administrative Hearings). If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.</content><note type="source"><p>Source Note: The provisions of this §10.4 adopted to be effective July 7, 2016, 41 TexReg 4862; amended to be effective May 14, 2020, 45 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scA/s10.5"><num value="10.5">§10.5</num><heading>Hearing Before the State Office of Administrative Hearings</heading><content>(a) The department's findings following an informal hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Ignition Interlock Device website, within thirty (30) calendar days after receipt of the findings or determination.(b) Following adequate notice of the hearing, failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the docket and to informally dispose of the case on a default basis.</content><note type="source"><p>Source Note: The provisions of this §10.5 adopted to be effective May 14, 2020, 45 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scA/s10.6"><num value="10.6">§10.6</num><heading>Disqualifying Offenses</heading><content>(a) Pursuant to Texas Occupations Code, §53.021(a)(1), the department may deny an application for authorization or revoke an authorization if the applicant or vendor has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of an ignition interlock vendor, as provided in this section.(b) The department has determined the types of offenses detailed in subsection (b)(1) - (4) of this section directly relate to the duties and responsibilities of ignition interlock device vendors. A conviction for an offense within one (1) or more of the categories in this subsection may result in the denial of an application (initial or renewal) for a vendor authorization or the revocation of an authorization. The Texas Penal Code references provided in this subsection are for illustrative purposes and are not intended to exclude similar offenses in other state or federal codes. The types of offenses directly related to the duties and responsibilities of vendors include, but are not limited to:(1) Theft (any offense within Texas Penal Code, Chapter 31);(2) Fraud (any offense within Texas Penal Code, Chapter 32);(3) Bribery and Corrupt Influence (any offense within Texas Penal Code, Chapter 36); and(4) Perjury and Other Falsification (any offense within Texas Penal Code, Chapter 37).(c) A felony conviction for one of the offenses listed in subsection (b) of this section is disqualifying for ten (10) years from the date of the conviction.(d) A misdemeanor conviction for one of the offenses listed in subsection (b) of this section or a substantially similar offense is disqualifying for five (5) years from the date of conviction.(e) For the purposes of this chapter, all references to conviction are to those for which the judgment has become final.(f) A person who is otherwise disqualified pursuant to the criteria in this section may submit documentation as detailed in paragraphs (1) - (8) of this subsection as evidence of his or her fitness to perform the duties and discharge the responsibilities of an ignition interlock vendor:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) letters of recommendation;(7) evidence the applicant has:(A) maintained a record of steady employment;(B) supported the applicant's dependents;(C) maintained a record of good conduct; and(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and(8) any other evidence relevant to the person's fitness for the certification sought.(g) The failure to provide the required documentation in a timely manner may result in the proposed action being taken against the application or license.</content><note type="source"><p>Source Note: The provisions of this §10.6 adopted to be effective May 14, 2020, 45 TexReg 3137.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c10/scB"><num value="B">SUBCHAPTER B</num><heading>VENDOR AUTHORIZATION</heading><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.11"><num value="10.11">§10.11</num><heading>Application; Renewal</heading><content>(a) Application for vendor authorization must be made in the manner required by the department. The application must contain all materials or information required by this chapter, and the initial inspection fee must be paid as provided in §10.15 of this title (relating to Inspections and Fees).(b) If the applicant is an entity other than an individual, the applicant must identify each partner or shareholder who owns a 25% or greater interest in the entity, the director of the entity, and each officer of the entity who oversees the entity's regulated functions.(c) In order to obtain an authorization, the vendor must have:(1) All necessary equipment and tools for the proper installation, removal, inspection, calibration, repair, and maintenance, of the type of IID(s) to be installed or serviced by the vendor, as determined by the device manufacturer and standard industry protocols;(2) A designated waiting area separate from the installation area, to ensure customers do not observe the installation of the IID; and(3) Proof of liability insurance providing coverage for damages arising out of the operation or use of IIDs with a minimum policy limit of $1,000,000 per occurrence and $3,000,000 aggregate total.(d) If an incomplete application is received, notice will be sent to the applicant stating that the application is incomplete and specifying the information required for acceptance. The applicant has 90 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the documentation, the application will be considered withdrawn.(e) An application is complete when:(1) It contains all of the items required pursuant to this section;(2) All required fees have been paid; and(3) All requests for additional information have been satisfied.(f) The vendor authorization expires on the second anniversary of the date of original issuance. Application for renewal must be made in the manner required by the department, and must meet all requirements for an original application. The renewal application must be submitted prior to expiration.</content><note type="source"><p>Source Note: The provisions of this §10.11 adopted to be effective July 7, 2016, 41 TexReg 4862; amended to be effective May 14, 2020, 45 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.12"><num value="10.12">§10.12</num><heading>Vendor Standards</heading><content>Vendors shall comply with the standards detailed in this section:(1) Perform a visual inspection of the device and the vehicle in which it is installed to ensure that no tampering or circumvention has occurred. Evidence of tampering with an IID shall be reported to the judicial authority responsible for ordering the specific installation involved, to the supervising officer if any, and to the department, not later than 48 hours after the vendor discovers the evidence of tampering;(2) Document and retain the records on the removal of any device by the vendor;(3) Maintain a record of each complaint by a customer relating to the operation of the device, including:(A) name of the customer;(B) judicial authority ordering the installation;(C) date of the complaint;(D) nature of the complaint;(E) identifying information related to the device; and(F) name of individual who received the complaint;(4) Maintain a record of the responses to customer complaints including:(A) the action taken to address the complaint;(B) any action taken to resolve the complaint; and(C) the date and name of the person who resolved the complaint;(5) Conduct a calibration confirmation test on each device at the time of installation and on each occasion of service, and maintain all records of such tests;(6) Properly store the alcohol reference solution, the breath alcohol simulator, or reference gas standard in a manner that maintains the integrity of the calibration solution;(7) Install the device with anti-tampering evident tape or seals on all connections;(8) Display conspicuously in the service center the authorization issued by the department under the Act and this chapter;(9) Display conspicuously in the service center, a sign containing the name, mailing address, and telephone number of the department, and a statement informing consumers or recipients of services that complaints against the vendor can be directed to the department;(10) Only install devices that are approved under §521.247 of the Act;(11) Maintain liability insurance coverage for damages arising out of the operation or use of devices in amounts and under the terms specified by the department in §10.11 of this title (relating to Application);(12) Comply with any applicable court order regarding the installation or inspection of a device and the activation of any anti-circumvention feature of the device;(13) Repair or replace a device within 48 hours after receiving notice of a complaint regarding the operation of the device, if device is confirmed to have malfunctioned;(14) Maintain a record of each action taken by the vendor with respect to each device installed by the vendor, including each action taken as a result of an attempt to circumvent the device, until at least the fifth anniversary after the date of installation;(15) Upon request of any court, supervising officer, or the department, make available for inspection or provide a copy of any report or record required under this chapter;(16) Satisfy the standards for equipment and facilities, as required by this chapter;(17) Pay the required inspection fee within 60 calendar days of receipt of notice that payment is due;(18) Pay any past due fees within 30 days of notification of a past due amount, insufficiency of funds, or denied payment;(19) Cooperate with any inspection or audit performed by department personnel;(20) Submit annually, in a manner prescribed by the department, a written report of each ignition interlock device service and feature made available by the vendor; and(21) Submit a written report of any violation of a court order to the appropriate judicial authority, including the issuing court and the person's supervising officer, if any, not later than 48 hours after the vendor discovers the violation.</content><note type="source"><p>Source Note: The provisions of this §10.12 adopted to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.13"><num value="10.13">§10.13</num><heading>Denial of Application for Vendor Authorization</heading><content>(a) The department may deny an application for vendor authorization if:(1) The applicant attempts to obtain an authorization by means of fraud, misrepresentation, or concealment of a material fact;(2) The applicant's prior authorization has been revoked and the basis for the revocation remains;(3) The applicant fails to satisfy the standards for equipment and facilities, or insurance, as required by this chapter;(4) The applicant, or the applicant's partner, shareholder, director or officer as described in §10.11 of this title (relating to Application; Renewal) is disqualified under §10.6 of this title (relating to Disqualifying Offenses); or(5) Otherwise violates the Act or this chapter.(b) The denial will become final on the thirtieth calendar day following the vendor's receipt of the notice of denial, unless the vendor requests a hearing as outlined in §10.4 of this title (relating to Informal Hearings; Settlement Conference).</content><note type="source"><p>Source Note: The provisions of this §10.13 adopted to be effective July 7, 2016, 41 TexReg 4862; amended to be effective May 14, 2020, 45 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.14"><num value="10.14">§10.14</num><heading>Reprimand, Suspension, or Revocation Of Vendor Authorization</heading><content>(a) The department may reprimand, suspend, or revoke an authorization if the vendor:(1) Fails to submit the required reports to the department pursuant to §10.12 of this title (relating to Vendor Standards);(2) Willfully or knowingly submits false, inaccurate, or incomplete information to the department;(3) Violates any provision of §10.12 of this title;(4) Fails to pay the annual inspection fee as provided in §10.15 of this title (relating to Inspections and Fees);(5) Violates any law of this state relating to the conduct of business in this state;(6) Is determined to be disqualified, or if a vendor's partner, shareholder, director or officer as described in §10.11 of this title (relating to Application; Renewal) is disqualified, under §10.6 of this title (relating to Disqualifying Offenses); or(7) Otherwise violates the Act or this chapter.(b) Prior to taking action against an authorization for a violation of subsection (a) of this section, the department will provide notice pursuant to §10.3 of this title (relating to Notice).(c) The department's determination to revoke an authorization for any administrative, noncriminal history based violation may be based on the considerations described in paragraphs (1) - (6) of this subsection:(1) The seriousness of the violation, including the nature, circumstances, extent, and gravity of the violation;(2) The economic harm to property or the public caused by the violation;(3) The effect of the violation on the efficient administration of the program;(4) The history of previous violations, including any warnings or other attempts to gain compliance;(5) Efforts to correct the violation; and(6) Any other matter that justice may require.(d) The revocation will become final on the thirtieth calendar day following the vendor's receipt of the notice of revocation, unless the vendor requests a hearing as outlined in §10.4 of this title (relating to Informal Hearings; Settlement Conference).(e) The revocation proceeding may be dismissed, or the revocation may be probated, upon a showing of compliance.</content><note type="source"><p>Source Note: The provisions of this §10.14 adopted to be effective July 7, 2016, 41 TexReg 4862; amended to be effective May 14, 2020, 45 TexReg 3137.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.15"><num value="10.15">§10.15</num><heading>Inspections and Fees</heading><content>(a) To ensure compliance with the standards and procedures provided in this chapter and in the Act, the department will conduct an initial inspection at the department's discretion, prior to or following the issuance of the authorization and on an annual basis.(b) The inspection fee shall be $450. The fee for the initial inspection shall be paid at the time of original application for authorization. The fee for each subsequent annual inspection shall be paid within 60 calendar days of notification. Revocation action may be initiated per §10.14 of this title (relating to Revocation of Vendor Authorization) if payment of the annual inspection fee is not made within 60 calendar days of notification. Inspection fees are neither refundable nor transferable.(c) Should a fee payment be returned or dishonored, the applicant or vendor must promptly make payment by cashier's check or money order. If payment is not made within 30 calendar days of notification, the application will be abandoned as "incomplete". If the authorization was issued prior to notification of the insufficiency of funds, and proper payment is not made within 30 calendar days of notification, revocation proceedings will be initiated under §10.14 of this title.(d) Failure to cooperate with the department representative during an inspection may result in denial of an application or revocation of an authorization.(e) This section does not preclude the department from investigating complaints or conducting audits at the department's discretion for which no fee will be charged.</content><note type="source"><p>Source Note: The provisions of this §10.15 adopted to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.16"><num value="10.16">§10.16</num><heading>Low Breath Volume Medical Exemption</heading><content>The minimum breath sampling size of an IID may be reduced to 1.2 liters for a device user with diminished lung capacity. Diminished capacity may be established through documentation from the appropriate judicial authority, advising of the necessity for the lower breath volume requirement. This documentation should be maintained in the manner required of calibration and maintenance records under §10.12 of this title (relating to Vendor Standards).</content><note type="source"><p>Source Note: The provisions of this §10.16 adopted to be effective July 7, 2016, 41 TexReg 4862.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scB/s10.17"><num value="10.17">§10.17</num><heading>Administrative Penalties</heading><content>(a) In addition to or in lieu of discipline imposed pursuant to §10.14 of this title (relating to Reprimand, Suspension, and Revocation of Vendor Authorization) the department may impose an administrative penalty on a person who violates this chapter or the Act. (b) The graphic in this subsection reflects the department's penalty schedule applicable to administrative penalties imposed under this section. For any violation not expressly addressed in the penalty schedule, the department may impose a penalty not to exceed $500.00 for the first (1st) violation. For the second (2nd) violation within the preceding one (1) year period, the penalty may not exceed $1,000.00. Attached Graphic(c) Upon receipt of a notice of administrative penalty under this section, a person may request a hearing before the department pursuant to §10.4 of this title (relating to Informal Hearing; Settlement Conference). The failure to timely appeal the proposed action will result in the issuance of a final order.</content><note type="source"><p>Source Note: The provisions of this §10.17 adopted to be effective May 14, 2020, 45 Texeg 3137.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c10/scC"><num value="C">SUBCHAPTER C</num><heading>MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES - SPECIAL CONDITIONS FOR VENDOR AUTHORIZATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c10/scC/s10.21"><num value="10.21">§10.21</num><heading>Definitions</heading><content>For purposes of this subchapter, the terms 'military service member', 'military veteran', and 'military spouse' have the meanings provided in Texas Occupations Code, §55.001.</content><note type="source"><p>Source Note: The provisions of this §10.21 adopted to be effective July 7, 2016, 41 TexReg 4863.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scC/s10.22"><num value="10.22">§10.22</num><heading>Exemption from Penalty for Failure to Renew in Timely Manner</heading><content>An individual who holds a vendor authorization issued under the Act is exempt from any increased fee or other penalty for failing to renew the authorization in a timely manner if the individual establishes to the satisfaction of the department the individual failed to renew the authorization in a timely manner because the individual was serving as a military service member.</content><note type="source"><p>Source Note: The provisions of this §10.22 adopted to be effective July 7, 2016, 41 TexReg 4863.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scC/s10.23"><num value="10.23">§10.23</num><heading>Extension of Authorization Renewal Deadlines for Military Members</heading><content>A military service member who holds a vendor authorization issued under the Act, is entitled to 2 years of additional time to complete:(1) Any continuing education requirements; and(2) Any other requirement related to the renewal of the person's authorization.</content><note type="source"><p>Source Note: The provisions of this §10.23 adopted to be effective July 7, 2016, 41 TexReg 4863.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scC/s10.24"><num value="10.24">§10.24</num><heading>Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses</heading><content>(a) An individual who is a military service member, military veteran, or military spouse may apply for a vendor authorization under this section if the individual:(1) Holds a current authorization issued by another state that is similar in scope of practice to the vendor authorization in this state and is in good standing with that state's licensing authority; or(2) Within the 5 years preceding the application date, held a vendor authorization in this state.(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.</content><note type="source"><p>Source Note: The provisions of this §10.24 adopted to be effective July 7, 2016, 41 TexReg 4863; amended to be effective January 1, 2026, 50 TexReg 8619.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scC/s10.25"><num value="10.25">§10.25</num><heading>Recognition of Out-of-State License for Military Service Members and Military Spouses</heading><content>Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas vendor authorization will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.</content><note type="source"><p>Source Note: The provisions of this §10.25 adopted to be effective January 1, 2026, 50 TexReg 8619.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c10/scD"><num value="D">SUBCHAPTER D</num><heading>IGNITION INTERLOCK DEVICE APPROVAL</heading><section identifier="/us/state/tx/tac/t37/p1/c10/scD/s10.31"><num value="10.31">§10.31</num><heading>Application for Device Approval</heading><content>(a) Prior to submission of the request for approval, the device model must be tested for compliance with model specifications for breath alcohol ignition interlock devices established by the National Highway Traffic Safety Administration (NHTSA) at one or more independent laboratories not affiliated with the device manufacturer or the applicant seeking device approval. The testing specifications must be the most current ignition interlock model specifications published by NHTSA at the time that approval is requested. The testing laboratory must be accredited to the ISO 17025:2005 standard, or to a similar standard with an accreditation scope appropriate to the testing of breath alcohol ignition interlock devices.(b) An application for approval of a device must include:(1) A written request for approval with contact information for the applicant;(2) A production model of the device that is to be approved;(3) Manuals and other documentation necessary for the installation and operation of the device;(4) Documentation of all test data and results pursuant to the requirements of this section, with the name(s) of and contact information for each testing laboratory;(5) A certified check or money order in the amount of $500.00, payable to the Texas Department of Public Safety, as a nonrefundable administrative processing fee; and(6) A notarized document describing the results of the testing from each independent laboratory involved in establishing NHTSA compliance. The document shall certify that the device model complies with the most current specifications for breath alcohol ignition interlock devices established by NHTSA.</content><note type="source"><p>Source Note: The provisions of this §10.31 adopted to be effective July 7, 2016, 41 TexReg 4863.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c10/scD/s10.32"><num value="10.32">§10.32</num><heading>Denial of Request for Approval; Revocation of Device Approval</heading><content>(a) A request for device approval may be denied if the device fails to meet the requirements for approval.(b) Prior approval of a device may be revoked if changes in National Highway Traffic Safety Administration model specifications are such that the device no longer meets the requirements for approval.(c) Denial of a request for device model approval, or revocation of a prior approval, may be appealed as provided in §10.4 of this title (relating to Informal Hearing; Settlement Conference).</content><note type="source"><p>Source Note: The provisions of this §10.32 adopted to be effective July 7, 2016, 41 TexReg 4863; amended to be effective May 14, 2020, 45 TexReg 3138.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c12"><num value="12">CHAPTER 12</num><heading>COMPASSIONATE-USE/LOW-THC CANNABIS PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.1"><num value="12.1">§12.1</num><heading>Definitions</heading><content>The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise:(1) Act--Texas Health and Safety Code, Chapter 487.(2) Application--Includes an original application for a registration or license, or an application to renew a registration or license, issued under the Act.(3) Department--The Texas Department of Public Safety.(4) Director--An individual involved in decisions governing the operation or daily functions of the licensed dispensing organization, and any owner, partner, or shareholder of the business with an ownership interest that exceeds 10 percent.(5) Dispensing organization--An organization licensed to perform the regulated functions of cultivation, processing, and dispensing of low-THC cannabis.(6) Employee--An individual engaged by or contracting with a licensee to assist with any regulated function, whether or not compensated by salary or wage.(7) Licensee--An organization licensed under the Act.(8) Manager--An individual employed or otherwise engaged by a dispensing organization to supervise others in any portion of the regulated functions and processes.(9) Prescription--An entry in the compassionate-use registry that meets the requirements of Texas Occupations Code, Chapter 169.(10) Product--Any form of low-THC cannabis that is cultivated, handled, transported, processed, or dispensed, or raw materials used in or by-products created by the production or cultivation of low-THC cannabis.(11) Registrant--An individual registered with the department as a director, manager, or employee of a licensee; this term does not include a physician registered as a prescriber of low-THC cannabis.(12) Regulated premises--The physical areas under the control of a licensee, in which low-THC cannabis, or production related raw materials or by-products, are cultivated, handled, transported, processed, or dispensed.(13) SOAH--State Office of Administrative Hearings.</content><note type="source"><p>Source Note: The provisions of this §12.1 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.2"><num value="12.2">§12.2</num><heading>Requirements and Standards</heading><content>(a) A licensee may only perform regulated functions at a department approved location. Any change in location must be approved by the department prior to operation in a regulated capacity.(b) Licensees shall notify the department within five (5) business days of a registrant's termination of employment.(c) All licensees shall display in a conspicuous location a copy of the department issued license and information on how to submit a complaint to the department.(d) Licensees must establish and implement a drug-free workplace policy consistent with the Texas Workforce Commission's "Drug-Free Workplace Policy," and shall maintain in each registrant's file a copy of the company's policy signed or otherwise acknowledged by the registrant.(e) Licensees and registrants must cooperate fully with any inspection or investigation conducted by the department, or by a state fire marshal, or local designee of the state fire marshal, including but not limited to the provision of any laboratory test results, employee records, inventory and destruction records, or other records required under the Act or this chapter, and the compliance with any lawfully issued subpoena.(f) Licensees and registrants may not cultivate, process, or dispense low-THC cannabis or possess any raw material used in or by-product created by the production or cultivation of low-THC cannabis if the respective license or registration has expired, or has been suspended or revoked.(g) Licensees and registrants may not dispense to an individual other than a patient for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code, or the patient's legal guardian.(h) Licensees and registrants may not permit or fail to prevent the diversion of any controlled substance.(i) Those registered with the department as directors, managers, or employees of a licensed dispensing organization may only perform functions regulated under the Act for the licensee(s) with whom they are registered.(j) If arrested, charged, or indicted for a criminal offense above the level of Class C misdemeanor, a registrant shall within seventy-two (72) hours notify the employing licensee. When notified by the registrant or otherwise informed, the licensee shall notify the department in writing (including by email) within seventy-two (72) hours of notification. The notification shall include the name of the arresting agency, the offense, court, and cause number of the charge or indictment. The registrant and licensee must supplement their respective notifications as further information becomes available.(k) Registrants must carry on their person or otherwise display their department issued registration card while performing any functions regulated under the Act involving contact with or exposure to patients or the general public, including the dispensing of low-THC cannabis to patients and the transportation of low-THC cannabis on behalf of a licensee.(l) All advertisements for functions regulated under the Act must contain the dispensing organization's license number in a font of the same size as the primary text of the advertisement.(m) Licensees must comply with all applicable local, state and federal regulations and permitting requirements relating to air and environmental quality, advertising, business and occupancy, building, plumbing, electrical, fire safety, noise, and odor or other nuisances. This subsection does not require compliance with a regulation that conflicts with the Act or this chapter.(n) Licensees must use applicable best practices to limit contamination of the product including but not limited to residual solvents, metals, mold, fungus, bacterial diseases, rot, pests, pesticides, mildew, and any other contaminant identified as posing potential harm.(o) Licensees must have a plan for establishing a recall of their products in the event a product is shown by testing or other means to be, or potentially to be, defective or have a reasonable probability that their use or exposure to will cause adverse health consequences. At a minimum, the plan should include the method of identification of the products involved; notification to the processing or dispensing organization or others to whom the products were sold or otherwise distributed; and how the products will be disposed of if returned to or retrieved by the licensee.(p) Licensees shall retain the registration card of all terminated registrants for two (2) years after termination, unless the card is seized or destroyed by department personnel.(q) Licensees shall maintain commercial general liability insurance coverage, as described in §12.11 of this title (relating to Application for License), and maintain current proof of such insurance on file with the department.(r) Licensees' regulated premises must annually pass an inspection conducted by the state fire marshal or local designee of the state fire marshal. Proof of the passing inspection must be submitted to the department on a form approved by the department.(s) Licensees' regulated premises shall be protected by a fire alarm and sprinkler system that complies with local ordinances and applicable Texas Department of Insurance administrative rules, 28 TAC Chapter 34, concerning State Fire Marshal.(t) Licensees shall install an exterior wall-mounted building key safe at the main entrance to any processing facility, to enable emergency access for fire departments and emergency medical services.(u) To the extent there is a conflict between the requirements of this chapter, or a conflict between this chapter and the Act, the more restrictive requirement governs. To the extent any requirement of this chapter or the Act conflicts with a regulation incorporated herein, this chapter or the Act shall govern.(v) Research or development beyond that which is necessary for the cultivation or production of low-THC cannabis is prohibited.(w) Only low-THC cannabis may be dispensed or sold. By-products must be destroyed.(x) Registrants must be at least twenty-one (21) years of age at the time of application.</content><note type="source"><p>Source Note: The provisions of this §12.2 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.3"><num value="12.3">§12.3</num><heading>Criminal History Disqualifiers</heading><content>(a) Registration as a director, manager or employee of a licensed dispensing organization provides these individuals access to sensitive medical information, drugs, and the equipment and raw materials needed to produce drugs. Registration provides those predisposed to commit fraud, theft and drug related crimes with greater opportunities to engage in such conduct and escape detection or prosecution. Therefore, the department has determined that offenses of the types detailed in subsection (b) of this section directly relate to the duties and responsibilities of those who are registered under the Act. Such offenses include crimes under the laws of another state or the United States, if the offense contains elements that are substantially similar to the elements of an offense under the laws of this state. Such offenses also include those "aggravated" or otherwise enhanced versions of the listed offenses.(b) The list of offenses in this subsection is intended to provide guidance only and is not exhaustive of either the offenses that may relate to the regulated occupation or of those independently disqualifying under Texas Occupations Code, §53.021(a)(2) - (4). The listed offenses are general categories that include all specific offenses within the corresponding chapter of the Texas Penal Code and Texas Health and Safety Code. In addition, after due consideration of the circumstances of the criminal act and its relationship to the position of trust involved in the particular licensed occupation, the department may find that an offense not described in this subsection also renders an individual unfit to hold a registration. In particular, an offense that is committed in one's capacity as a registrant under the Act, or an offense that is facilitated by one's registration under the Act, will be considered related to the regulated occupation and may render the individual unfit to hold the registration.(1) Bribery--Any offense under the Texas Penal Code, Chapter 36.(2) Burglary and criminal trespass--Any offense under the Texas Penal Code, Chapter 30.(3) Fraud--Any offense under the Texas Penal Code, Chapter 32.(4) Perjury--Any offense under the Texas Penal Code, Chapter 37.(5) Robbery--Any offense under the Texas Penal Code, Chapter 29.(6) Theft--Any offense under the Texas Penal Code, Chapter 31.(7) Organized Crime--Any offense under the Texas Penal Code, Chapter 71.(8) Any offense under Texas Health and Safety Code, Chapters 481, 482, or 483.(9) In addition:(A) An attempt to commit a crime listed in this subsection;(B) Aiding and abetting in the commission of a crime listed in this subsection; and(C) Being an accessory before or after the fact to a crime listed in this subsection.(c) A felony conviction for an offense listed in subsection (b) of this section is disqualifying for ten (10) years from the date of the conviction.(d) A Class A or B misdemeanor conviction for an offense listed in subsection (b) of this section is disqualifying for five (5) years from the date of conviction.(e) Conviction for a felony or Class A offense that does not relate to the occupation for which registration is sought is disqualifying for five (5) years from the date of commission, pursuant to Texas Occupations Code, §53.021(a)(2).(f) Independently of whether the offense is otherwise described or listed in subsection (b) of this section, a conviction for an offense listed in Texas Code of Criminal Procedure, Article 42.12, §3g or Article 42A.054, or that is a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, is permanently disqualifying subject to the requirements of Texas Occupations Code, Chapter 53.(g) Any unlisted offense that is substantially similar in elements to an offense listed in subsection (b) of this section is disqualifying in the same manner as the corresponding listed offense.(h) A pending Class B misdemeanor charged by information for an offense listed in subsection (b) of this section is grounds for suspension.(i) Any pending Class A misdemeanor charged by information or pending felony charged by indictment is grounds for suspension.(j) In determining the fitness to perform the duties and discharge the responsibilities of the regulated occupation of an individual against whom disqualifying charges have been filed or who has been convicted of a disqualifying offense, the department may consider evidence of:(1) The extent and nature of the individual's past criminal activity;(2) The age of the individual when the crime was committed;(3) The amount of time that has elapsed since the individual's last criminal activity;(4) The conduct and work activity of the individual before and after the criminal activity;(5) Evidence of the individual's rehabilitation or rehabilitative effort while incarcerated or after release;(6) The date the individual will no longer be disqualified under the provisions of this section; and(7) Any other evidence of the individual's fitness, including letters of recommendation from:(A) Prosecutors or law enforcement and correctional officers who prosecuted, arrested, or had custodial responsibility for the individual; or(B) The sheriff or chief of police in the community where the individual resides.(k) In addition to the documentation listed in subsection (j) of this section, the applicant or registrant shall, in conjunction with any request for hearing on a criminal history based denial, suspension or revocation, furnish proof in the form required by the department that the individual has:(1) Maintained a record of steady employment;(2) Supported the individual's dependents;(3) Maintained a record of good conduct; and(4) Paid all outstanding court costs, supervision fees, fines and restitution ordered in any criminal case in which the individual has been charged or convicted.(l) The information listed in subsection (j) and subsection (k) of this section must be submitted in conjunction with the request for hearing, following notification of the proposed action and prior to the deadline for submission of the request for hearing.</content><note type="source"><p>Source Note: The provisions of this §12.3 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.4"><num value="12.4">§12.4</num><heading>Records</heading><content>(a) Records required under the Act or this chapter must be maintained and made available for inspection or copying for a period of two (2) years. Records may be maintained in digital form so long as a hard copy may be produced upon request of department personnel.(b) In addition to any records otherwise required to be maintained under the Act or this chapter, licensees must specifically retain:(1) Copies of all application materials submitted to the department or relied on in making any representation or affirmation in conjunction with the application process;(2) Purchase, sale, and inventory records;(3) Shipping invoices, log books, records of duty status if applicable, delivery records and manifests reflecting the recipient's acknowledgment and establishing the chain of custody, relating to the transportation of:(A) Low-THC cannabis and any cannabis sativa plants intended for use in the processing of low-THC cannabis;(B) Raw materials used in or by-products created by the production or cultivation of low-THC cannabis;(C) Drug paraphernalia used in the production, cultivation or delivery of low-THC cannabis; or(D) Waste material resulting from cultivation, processing, or dispensing of low-THC cannabis.(4) Security records, including building access and visitor logs, video recordings, and transportation trip plans;(5) The licensee's drug-free workplace policy;(6) Records on all registered directors, managers, and employees, including a color photograph of the individual, a copy of the registration issued by the department, records reflecting the individual's position, assigned duties, and work schedule, and a copy of the company's drug-free workplace policy signed by the individual. These records must be maintained for two (2) years from the date employment is terminated;(7) Records of any disposal or destruction of waste materials resulting from cultivating, processing, or dispensing low-THC cannabis;(8) Records of any local or state regulatory inspections, including state or local fire marshal inspections; and(9) Records of all tests conducted in compliance with §12.7 of this title (relating to Testing, Production, and Packaging).</content><note type="source"><p>Source Note: The provisions of this §12.4 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.5"><num value="12.5">§12.5</num><heading>Address on File</heading><content>(a) All licensees, registrants, or applicants shall at all times maintain on file with the department a current electronic mail address, physical mailing address, facsimile number, and the physical address of each location at which low-THC cannabis is cultivated, processed, or dispensed.(b) All licensees or registrants shall notify the department of any change to their addresses on file in the manner provided on the department's website prior to the effective date of the change of address.</content><note type="source"><p>Source Note: The provisions of this §12.5 adopted to be effective January 10, 2016, 41 TexReg 490.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.6"><num value="12.6">§12.6</num><heading>Notice</heading><content>(a) The department is entitled to rely on the physical mailing address, the facsimile number, and the electronic mail address currently on file for all purposes relating to notification. The failure to maintain current addresses with the department is not a defense to any action based on the licensee's, registrant's, or applicant's failure to respond.(b) Service of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile transmission or electronic mail, or three (3) days following the date sent, if notice is sent by regular United States mail or certified mail, return receipt requested.(c) Unless otherwise specified by the Act, notifications by the department may be by facsimile transmission, electronic mail, regular U.S. mail, certified mail, return receipt requested, or hand-delivery.</content><note type="source"><p>Source Note: The provisions of this §12.6 adopted to be effective January 10, 2016, 41 TexReg 490.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.7"><num value="12.7">§12.7</num><heading>Testing, Production, and Packaging</heading><content>(a) Licensees must comply with all applicable provisions of the Texas Agriculture Code and the Texas Department of Agriculture's administrative rules, Title 4, Part 1.(b) Representative samples of all processed products must be tested for the levels of tetrahydrocannabinol and cannabidiol, and for residual solvents, pesticides, fungicides, fertilizers, mold, and heavy metals, in accordance with applicable provisions of the Texas Agriculture Code and Texas Department of Agriculture's administrative rules, Title 4, Part 1, and Code of Federal Regulations, Title 16, Part 1107.(c) Only pesticides of minimum risk exempted under the Federal Insecticide, Fungicide, and Rodenticide Act, 7 USC §136, may be used on cannabis. The pesticide's active ingredients may only be those listed in 40 CFR §152.25(f)(1). The pesticide's inert ingredients may only be those that listed in 40 CFR §152.25(f)(2); commonly consumed food commodities, animal feed items, and edible fats and oils as provided in 40 CFR §180.950(a),(b) and (c); and chemical substances listed in 40 CFR §180.950(e). All pesticide ingredients (both active and inert) must be listed on the pesticide container's label. The active ingredient(s) must be listed by label display name and percentage by weight. Each inert ingredient must be listed by label display name. The product may not bear claims to control or mitigate organisms that pose a threat to human health, or insects or rodents carrying specific diseases. The name of the producer or the company for whom the product was produced and the company's contact information must be displayed prominently on the product label. The label cannot include any false or misleading statements. The label must comply with the Texas Department of Agriculture's administrative rule, 4 TAC §7.11, relating to Label Requirements.(d) All facilities must be inspected and approved for their use by a local fire code official, or by the state fire marshal or local designee of the state fire marshal, and must meet any required fire, safety, and building code requirements specified in:(1) National Fire Protection Association (NFPA) standards;(2) International Building Code (IBC);(3) International Fire Code (IFC);(4) Texas Department of Insurance administrative rules, 28 TAC Chapter 34, concerning State Fire Marshal; and(5) Other applicable standards including following all applicable fire, safety, and building codes in processing and the handling and storage of the solvent or gas.(e) Licensees must provide certification by a Texas licensed professional engineer that the extraction system to be used to produce low-THC cannabis products was commercially manufactured, safe for its intended use, and built to codes of recognized and generally accepted good engineering practices, such as:(1) The American Society of Mechanical Engineers (ASME);(2) American National Standards Institute (ANSI);(3) Underwriters Laboratories (UL); or(4) The American Society for Testing and Materials (ASTM).(f) The extraction process must be continuously staffed during operations by a registered employee trained in the extraction process, the transfer of LP-gas where applicable, and all emergency procedures. All staff training records shall be maintained on-site and made available upon request by the department or local law enforcement or regulatory official.(g) The installation, operation, repair and maintenance of electrical systems, devices, and components shall conform to the National Electrical Code, NFPA 70 as adopted by the Texas Department of Licensing and Regulation. All electrical components within the extraction room shall be interlocked with the hazardous exhaust system and when provided, the gas detection system. When the hazardous exhaust system is not operational, or the gas detection system is activated, light switches and electrical outlets shall be disabled while leaving lights on that are necessary for evacuation. The electrical systems shall include:(1) Extraction room lighting;(2) Extraction room ventilation system;(3) Solvent gas detection system;(4) Emergency alarm systems;(5) Automatic fire extinguishing systems;(6) Vent failure alarm system; and(7) Emergency power backup system.(h) For extraction processes utilizing gaseous hydrocarbon-based solvents, a continuous gas detection system shall be provided. The gas detection threshold shall be no greater than 10% of the LEL/LFL limit of the materials.(i) Signs shall be posted at the entrance to each production area using or storing carbon dioxide, indicating the hazard. Signs shall be durable and permanent in nature and not less than 7 inches wide by 10 inches tall. Signs shall bear the "skull and crossbones" emblem with the warning "DANGER! POTENTIAL OXYGEN DEFICIENT ATMOSPHERE". NFPA 704 signage shall be provided at the building main entry and the rooms where the carbon dioxide is used and stored. The main entrance to the facility and any door to a room where storage, transfer or use of hazardous materials is conducted shall be appropriately posted with markings in accordance with NFPA 704, Standard System for the Identification of the Hazards of Materials for Emergency Response.(j) Mechanical ventilation within an extraction or processing facility shall be in accordance with the applicable local ordinances or the appropriate NFPA standard as adopted by the State Fire Marshal's Office if no applicable local ordinance exists, and shall have:(1) Mechanical ventilation in the room or area of rate of not less than 1 cubic foot per minute per square foot;(2) Exhaust system intake from a point within 12 inches of the floor; and(3) Ventilation operating at a negative pressure in relation to the surrounding area.(k) Any liquid extraction process using flammable and combustible liquids in which the liquid is boiled, distilled, or evaporated must operate in compliance with this section and NFPA 30 as adopted by the State Fire Marshal's Office.(l) Any processing equipment using a flammable or combustible vapor or liquid must meet the requirements of NFPA 30 and NRPA 70. Such equipment shall be located within a hazardous exhaust fume hood, rated for exhausting flammable vapors. Electrical equipment used within the hazardous exhaust fume hood shall be rated for use in flammable atmospheres. Heating of flammable or combustible liquids over an open flame is prohibited, with the exception that the use of a heating element not rated for flammable atmospheres may be used where documentation from the manufacturer or a nationally recognized testing laboratory indicates it is rated for heating of flammable liquids.(m) Product extraction processes may use only potable water in compliance with Code of Federal Regulations, Title 40, Part 141.(n) All regulated premises shall be located at least 1000 feet from any private or public school or day care center that existed prior to the date of initial license application, measured from the closest points on the respective property lines.(o) All final packaging for patient consumption must be in child-resistant packaging designed or constructed to be significantly difficult for children under five (5) years of age to open and not difficult for normal adults to use properly as defined by the most current version of the Code of Federal Regulations, Title 16, Part 1700 and Title 40, Part 157.2 and American Society for Testing and Materials (ASTM) D3475-15, Standard Classification of Child-Resistant Packages, ASTM International, West Conshohocken, PA, 2015.(p) All final packaging labels must include:(1) Physician's name;(2) Patient's name;(3) Dispensing organization's name, state license number, telephone number, and mailing address;(4) Dosage prescribed and means of administration;(5) Date the dispensing organization packaged the contents;(6) Batch number, sequential serial number, and bar code when used, to identify the batch associated with manufacturing and processing;(7) Potency of the low-THC cannabis product contained in the package, including the levels of tetrahydrocannabinol and cannabidiol;(8) Statement that the product has been tested for contaminants with specific indications of all findings, and the date of testing in accordance with Code of Federal Regulations, Title 16, Part 1107; and(9) Statement that the product is for medical use only and is intended for the exclusive use of the patient to whom it is prescribed. This statement should be in bold print.(q) The dispensed product may contain no more than 0.5% by weight of tetrahydrocannabinols and not less than 10% by weight of cannabidiol.(r) The storage, transfer, and use of LP- Gas shall conform to the regulations of the Texas Railroad Commission, including but not limited to NFPA 58, LP Gas Code (as amended) and the adopted standards of the State Fire Marshal's Office.(s) The storage, use and handling of liquid carbon dioxide shall be in accordance with Chapter 13 of NFPA 55.</content><note type="source"><p>Source Note: The provisions of this §12.7 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.8"><num value="12.8">§12.8</num><heading>Inventory Control System</heading><content>(a) A licensed dispensing organization shall use a perpetual inventory control system that identifies and tracks the licensee's stock of low-THC cannabis from the time it is propagated from seed or cutting, to the time it is delivered to either another licensee or patient or legal guardian.(b) The inventory control system shall be capable of tracking low-THC cannabis from a patient back to the source of the low-THC cannabis in the event of a serious adverse event.(c) The inventory control system shall be designed to promptly identify a discrepancy and interact with the department's centralized registry system.(d) Upon receipt of raw material for cultivation, a licensee shall record in the inventory control system:(1) The date delivered; and(2) The number of clones or seeds delivered or the weight of the seeds for each variety in the shipment.(e) For each plant, including any clippings to be used for propagation, a licensee shall:(1) Create a unique identifier;(2) Assign a batch number;(3) Enter appropriate plant identifying information into the inventory control system;(4) Create an indelible and tamper resistant tag made of temperature and moisture resistance material, with a unique identifier and batch number;(5) Securely attach the tag to a container in which a plant is grown until a plant is large enough to securely hold a tag;(f) Upon curing or drying of each batch, a licensee shall weigh the batch and enter the weight into the inventory control system database.(g) At least monthly, a licensee shall conduct a physical inventory of the stock and compare the physical inventory of stock with inventory control system data.(h) If a licensee discerns a discrepancy between the inventory of stock and inventory control system data outside of normal weight loss due to moisture loss and handling, a licensee shall begin an audit of the discrepancy.(i) Within fifteen (15) business days of discovering a discrepancy, the licensee shall:(1) Complete an audit;(2) Amend the licensee's standard operating procedures, if necessary; and(3) Send an audit report to the department.(j) If a licensee finds evidence of theft or diversion, the licensee shall report the theft or diversion to the department within two (2) days of the discovery of the theft or diversion.</content><note type="source"><p>Source Note: The provisions of this §12.8 adopted to be effective January 10, 2016, 41 TexReg 490; amended to be effective March 15, 2017, 42 TexReg 1139.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scA/s12.9"><num value="12.9">§12.9</num><heading>Sanitation; Waste Disposal</heading><content>(a) Licensees must maintain regulated premises in a clean and sanitary condition, and shall take all reasonable measures to ensure:(1) Litter and waste are routinely removed and waste disposal systems are routinely inspected in accordance with applicable local, state, or federal law, rule, regulation or ordinance;(2) Fixtures, floors, walls, ceilings, buildings or other facilities are kept in good repair;(3) Regulated premises are adequately screened and otherwise protected against the entry of pests;(4) Refuse disposal is conducted in a manner to minimize the development of odor and the potential for breeding of pests;(5) Contact surfaces, including utensils and equipment used for the cultivation, drying, trimming, or storage of product, are cleaned and sanitized in a manner to protect against contamination;(6) Potentially toxic chemicals used within the cultivation facility are identified, stored, and disposed of in a manner to protect against contamination of the product, in compliance with all applicable local, state, or federal laws, rules, regulations or ordinances;(7) Storage and transportation of product is under conditions that protect against physical, chemical, and microbial contamination;(8) Safes, vaults, and storage rooms are in good working order, with climate control systems sufficient to prevent spoilage;(9) Processing site is free of contamination and suitable for the safe and sanitary preparation of the product, including ensuring all equipment, counters and surfaces used for processing are food-grade and nonreactive with any solvent being used, with easily cleanable surface areas constructed in a manner to reduce the potential for development of mold or fungus;(10) Hand-washing facilities provide effective hand-cleaning and sanitizing materials, with sanitary towel service or hand drying devices, and hot and cold running water;(11) All persons working in direct contact with product conform to hygienic practices while on duty, including but not limited to:(A) Maintaining adequate personal cleanliness, including washing hands thoroughly before handling product and as often as necessary to remove soil and contamination and to prevent cross-contamination when changing tasks;(B) Refraining from direct contact with product if the person has or may have an illness, open lesion, including boils, sores, or infected wounds, or any other abnormal source of microbial contamination, until such condition is corrected;(C) Keeping fingernails trimmed and filed so that the edges and surfaces are cleanable;(D) Unless wearing intact gloves in good repair, having no fingernail polish or artificial fingernails on the employee's fingernails;(E) Wearing clean clothing appropriate to assigned tasks or protective apparel such as coats, aprons, gowns, or gloves to prevent contamination; and(F) Reporting to the employer's director or manager any health condition experienced by the employee that may adversely affect the safety or quality of product with which the employee may come into contact;(12) Prohibiting any employee with a health condition that may adversely affect the safety or quality of the product from having direct contact with any product or equipment or materials for processing low-THC cannabis, or from performing any task that reasonably might contaminate or adversely affect any product.(b) Destruction and disposal of waste materials resulting from the cultivation or processing of low-THC cannabis must be conducted in compliance with applicable state and local laws and regulations, and Code of Federal Regulations, Title 21, Part 1317, Subpart C. Any waste materials containing low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis must be rendered irretrievable, as defined in Code of Federal Regulations, Title 21, Part 1300. Waste water generated during production and processing must be disposed of in compliance with applicable state and local laws.(c) Licensees are responsible for determining whether specific waste materials or waste water constitute hazardous waste under applicable federal or state regulations and for ensuring disposal of any such waste complies with applicable disposal regulations.(d) All waste materials must be stored on the licensee's premises prior to destruction and disposal.</content><note type="source"><p>Source Note: The provisions of this §12.9 adopted to be effective March 15, 2017, 42 TexReg 1139.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scB"><num value="B">SUBCHAPTER B</num><heading>APPLICATION AND RENEWAL</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scB/s12.11"><num value="12.11">§12.11</num><heading>Application for License</heading><content>(a) Application for license as a dispensing organization may only be made in the manner determined by the department.(1) The department will provide public notice on its website and in the Texas Register of an open application period when one or more of the fifteen statutorily authorized dispensing organization licenses become available to be issued.(2) The department will provide an open application period of at least 90 days from the date of providing public notice.(3) The department will complete its review of applications within 180 days of the close of the application period. Upon completion of the department's review of all applications, the department will notify the selected applicant(s) of the department's conditional approval of the application under subsection (c) of this section.(b) A complete application must include the items detailed in this subsection, in a manner determined by the department:(1) Proof of ownership and current status in the manner required by the department, including but not limited to a current Certificate of Existence or Certificate of Authority from the Texas Office of the Secretary of State and a Certificate of Good Standing from the Texas Comptroller of Public Accounts;(2) All application fees required under §12.14 of this title (relating to Application and Licensing Fees and Method of Payment);(3) Names, dates of birth, addresses, and all other information required by the department necessary to verify the identity of all directors, owners, managers, members, and employees of the applicant;(4) Criminal history disclosure of all convictions and deferred adjudications for each individual listed on the application as directors, owners, managers, members, and employees of the dispensing organization;(5) Complete registration applications for all directors, owners, managers, members, and employees submitted in the manner approved by the department and in compliance with §12.12 of this title (relating to Application for Registration);(6) Proof of commercial general liability insurance coverage against claims of liability for damage to property of third parties and for personal injuries to third parties, including bodily injury, property damage, and product liability, with limits of:(A) $1,000,000 each occurrence;(B) $2,000,000 General Aggregate limit; and(C) $1,000,000 Product Liability.(7) Evidence of the qualifications detailed in this paragraph as determined at the time of the required onsite inspection, in the manner determined by the department:(A) The technical and technological ability to cultivate, process, and/or dispense low-THC cannabis, evidenced by experience in the areas of:(i) Cultivation, analytical organic chemistry and micro-biology, and analytical laboratory methods; and(ii) Patient education, interaction, and the handling of confidential information including familiarity with the requirements of the Health Insurance Portability and Accountability Act (HIPAA).(B) The ability to secure the premises, resources, and employees necessary to operate as a dispensing organization, evidenced by:(i) Descriptions of all properties applicant proposes to utilize to cultivate, process, store, and dispense low-THC cannabis, including ownership information for the properties;(ii) The address and description of any satellite location that will be used by the applicant for secure storage of low-THC cannabis; (iii) Descriptions of the methods proposed for the cultivation, processing, storing, and dispensing of low-THC cannabis;(iv) Descriptions of the types and locations of worker safety equipment and plans and procedures for complying with federal Occupational Safety and Health Administration (OSHA) regulations for workplace safety;(v) A list of current and proposed staff, including position, duties, and responsibilities, and an organizational chart illustrating the supervisory structure of the dispensing organization;(vi) Description of the applicant's proposed testing laboratory and description of the proposed testing protocols and methods; (vii) A proposal establishing the ability to secure premises reasonably located to allow patient access through existing infrastructure; and(viii) Department approved acknowledgments executed by the applicant's directors, owners, managers, members, and employees indicating familiarity with the federal laws governing marihuana and its interstate transportation.(C) The ability to maintain accountability of all raw materials, finished products, and any by-products to prevent diversion or unlawful access to or possession of these substances, evidenced by:(i) Floor plan of each facility or proposed floor plans for proposed facilities, including:(I) Locking options for all means of ingress and egress consistent with life safety requirements;(II) Alarm systems;(III) Video surveillance;(IV) Name, layout, and function of each room; and(V) Storage, including safes and vaults.(ii) Diversion prevention procedures;(iii) Emergency management plan;(iv) System for tracking source plant material throughout cultivation, processing, storing, and dispensing;(v) Inventory control system as required by §12.8 of this title (relating to Inventory Control System);(vi) Policies and procedures for recordkeeping;(vii) Electronic vehicle tracking systems;(viii) Vehicle security systems;(ix) Methods of screening and monitoring employees;(x) Employee qualifications and experience with chain of custody or other tracking mechanisms;(xi) Waste disposal plan;(xii) Recall procedures for any product that has a reasonable probability of causing adverse health consequences based on a testing result, patient reaction, or other reason; and(xiii) Access to specialized resources or expertise regarding data collection, security, and tracking.(D) Infrastructure reasonably located to dispense low-THC cannabis to registered patients, evidenced by:(i) Map showing the location of the applicant's proposed dispensing facilities with streets, property lines, buildings, parking areas, outdoor areas if applicable, fences, security features, fire hydrants if applicable, and access to water and sanitation systems;(ii) Floor plan of the actual or proposed building or buildings where dispensing activities will occur showing areas designed to protect patient privacy and areas designed for retail sales with proposed hours of operation;(iii) HIPAA compliant computer network utilized by all facilities;(iv) Identifying descriptions of any vehicles to be used to transport product; and(v) Description of all communication systems.(E) The financial ability to maintain operations for two (2) years from the date of application, evidenced by:(i) Applicant's business organization and corporate structure if applicable;(ii) List of all owners of any non-corporate applicant or all shareholders of a corporate applicant;(iii) All individuals and entities with control over the applicant;(iv) Projected two (2) year budget; and(v) Description of available assets sufficient to support the dispensing organization activities.(c) Subsequent to the submission of all information and documentation required by subsection (b)(1) - (6) of this section and the conditional approval of the application, the department will conduct an onsite inspection to confirm applicant's compliance with the requirements of subsection (b)(7) of this section and of this chapter generally. The applicant must pass the inspection prior to licensure. Failure to pass the inspection will result in notification of the basis for the failure. Failure to address the basis for the failure within sixty (60) days of notice may result in the denial of the application pursuant to §12.15 of this title (relating to Denial of Application for License). Upon request of the applicant, the department may extend the period to address the basis for the failure for one (1) additional thirty (30) day period.</content><note type="source"><p>Source Note: The provisions of this §12.11 adopted to be effective January 10, 2016, 41 TexReg 492; amended to be effective March 15, 2017, 42 TexReg 1145; amended to be effective October 29, 2025, 50 TexReg 6965.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scB/s12.12"><num value="12.12">§12.12</num><heading>Application for Registration</heading><content>(a) In conjunction with the dispensing organization's application for license, or prior to employment with a currently licensed dispensing organization, directors, managers, and employees must submit:(1) Identifiers, including the individual's full name, date of birth, telephone number, electronic mail address, residential address, and driver license or state-issued identification number; and(2) Fingerprints submitted in the manner approved by the department.(b) If the applicant does not have a digital photograph on file with the department or the department is unable to access the photograph on file, the registration card will be issued without a photograph. When presenting such a card to a peace officer or to a representative of the department, the registrant shall also present a valid government issued identification card or driver license.(c) Failure of an applicant to comply with the requirements of this section will result in notification of the deficiency. Applicant will have ninety (90) days from the date of notice to address the deficiency. Upon request of the applicant, the department may extend the period to address the deficiency for one additional ninety (90) day period. If an applicant fails to provide all required application materials, or fails to respond to a request by the department for additional information necessary to process the application, the application will be terminated. Following the termination of an application, a new application, including a new application fee, must be submitted.</content><note type="source"><p>Source Note: The provisions of this §12.12 adopted to be effective January 10, 2016, 41 TexReg 492.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scB/s12.13"><num value="12.13">§12.13</num><heading>Renewal</heading><content>(a) A license or registration may be renewed at any time during the six (6) months prior to expiration.(b) A renewal applicant must pass department inspection prior to approval of the application. This requirement is satisfied by an inspection within ninety (90) days prior to the submission of the renewal application.(c) An expired license or registration may be renewed for up to six (6) months after the expiration date. If the license has been expired for more than six (6) months, the former license holder must submit an original license application to receive a license in the future.</content><note type="source"><p>Source Note: The provisions of this §12.13 adopted to be effective January 10, 2016, 41 TexReg 492.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scB/s12.14"><num value="12.14">§12.14</num><heading>Application Fees and Method of Payment</heading><content>(a) The application fee for a dispensing organization license is $7,356. The license fee for a dispensing organization is $488,520 for a two (2) year period.(b) The fee for the biennial renewal of the dispensing organization license is $318,511.(c) The registration fee is $530 for both the original registration and renewals.(d) Payment of all fees must be made electronically in the manner determined by the department.(e) If payment is dishonored or reversed prior to issuance of the license or registration, the application will be rejected as incomplete. If the license or registration has been issued prior to the payment being dishonored or reversed, revocation proceedings will be initiated pursuant to §12.23 of this title (relating to Revocation). The department may dismiss a pending revocation proceeding upon receipt of payment of the full amount due, including any additional processing fees.</content><note type="source"><p>Source Note: The provisions of this §12.14 adopted to be effective January 10, 2016, 41 TexReg 492; amended to be effective March 15, 2017, 42 TexReg 1145.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scB/s12.15"><num value="12.15">§12.15</num><heading>Denial of Application for License</heading><content>(a) The department may deny the application for a license as a dispensing organization if the applicant fails to pass the initial review of the application materials or the onsite inspection, based on the failure to satisfy the requirements reflected in subsection (b)(7) of §12.11 of this title (relating to Application for License), and has either failed to address the basis for the failure within sixty (60) days of notice of the failure, or has failed to request an additional thirty (30) days to address the basis for the failure.(b) The department may deny the application for a license if the applicant is found to have violated any provision of the Act or this chapter, or §§481.120, 481.121, 481.122, or 481.125 of the Texas Health and Safety Code prior to licensure or renewal.(c) The department may also deny the application for a license from an otherwise qualified applicant if the department determines issuance of the license is not necessary to ensure reasonable statewide access to, and the availability of low-THC cannabis for patients registered in the compassionate-use registry and for whom low-THC cannabis is prescribed under Chapter 169, Occupations Code.(d) Following the notice of denial the applicant will be provided thirty (30) days to request a hearing by submitting a request through the department's website.</content><note type="source"><p>Source Note: The provisions of this §12.15 adopted to be effective January 10, 2016, 41 TexReg 492; amended to be effective March 15, 2017, 42 TexReg 1145.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scB/s12.16"><num value="12.16">§12.16</num><heading>Denial of Application for Registration</heading><content>The department may deny the application for registration of a director, manager, or employee of a dispensing organization if the applicant is disqualified pursuant to §12.3 of this title (relating to Criminal History Disqualifiers). The applicant may request a hearing by submitting a request through the department's website within thirty (30) days of the date of the denial notice.</content><note type="source"><p>Source Note: The provisions of this §12.16 adopted to be effective January 10, 2016, 41 TexReg 492.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scC"><num value="C">SUBCHAPTER C</num><heading>COMPLIANCE AND ENFORCEMENT</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scC/s12.21"><num value="12.21">§12.21</num><heading>Inspections</heading><content>(a) Submission of an application for a license as a dispensing organization constitutes permission for entry by the department to the regulated premises of the dispensing organization at any time during regular business hours.(b) While conducting an inspection or engaging in activity reasonably related to the inspection, the department may be assisted by a peace officer, a representative of the State Fire Marshal's Office or another appropriate state or local regulatory agency.(c) Within thirty (30) calendar days of the date of receipt of the written notice of violation, the dispensing organization shall provide the department with notification of all corrective actions taken and the dates of the corrections.(d) Onsite inspections may include but are not limited to review of:(1) All requirements provided in §12.11(b) of this title (relating to Application for License);(2) Security equipment and protocols as provided in Subchapter D of this title (relating to Security);(3) Records as provided in §12.4 of this title (relating to Records).(e) Failure to cooperate with an inspection by department or other authorized personnel may result in suspension or revocation of the individual's registration and the license of the dispensing organization.</content><note type="source"><p>Source Note: The provisions of this §12.21 adopted to be effective January 10, 2016, 41 TexReg 493; amended to be effective March 15, 2017, 42 TexReg 1146.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scC/s12.22"><num value="12.22">§12.22</num><heading>Suspension</heading><content>(a) The department may initiate suspension proceedings against the license of a dispensing organization if the licensee or its registrant:(1) Willfully or knowingly submits false, inaccurate, or incomplete information to the department or records such information on any records required to be maintained under this chapter;(2) Fails to maintain the records required under this chapter; or(3) Violates any provision of the Act, of this chapter, or §§481.120, 481.121, 481.122, or 481.125 of the Texas Health and Safety Code.(b) For the first violation of subsection (a) of this section, the license may be suspended for a period not to exceed thirty (30) days.(c) For multiple first time violations, or for a second violation of subsection (a) of this section occurring within two (2) years of an earlier violation for which a final order has been issued, the license may be suspended for a period not to exceed ninety (90) days.(d) For multiple, repetitive violations, or for a third violation of subsection (a) of this section occurring within two (2) years of two (2) earlier violations for which final orders have been issued, the license may be suspended for a period not to exceed one hundred eighty (180) days.(e) Upon receipt of a notice of suspension under this section, the licensee will be provided with thirty (30) days to address the violation or request a hearing before SOAH. The failure to timely appeal the proposed action will result in the issuance of a final order.(f) Registrants may be suspended if charged by misdemeanor information or felony indictment with a disqualifying offense as provided in §12.3 of this title (relating to Criminal History Disqualifiers).</content><note type="source"><p>Source Note: The provisions of this §12.22 adopted to be effective January 10, 2016, 41 TexReg 493.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scC/s12.23"><num value="12.23">§12.23</num><heading>Revocation</heading><content>(a) The department may revoke a license or registration if the licensee or registrant:(1) Is found to have performed a regulated function prior to issuance of the license or registration;(2) Misrepresents a material fact in any application to the department or any other information filed pursuant to the Act or this chapter;(3) Prepares or submits to the department false, incorrect, incomplete or misleading forms or reports on multiple occasions;(4) Performs a regulated function while suspended;(5) Exhibits a pattern of misconduct evidenced by previous violations for which previous suspensions have been inadequate to affect compliance;(6) Is convicted of a disqualifying felony or misdemeanor offense pursuant to §12.3 of this title (relating to Criminal History Disqualifiers);(7) Violates §§481.120, 481.121, 481.122, or 481.125 of the Texas Health and Safety Code;(8) Fails to begin dispensing low-THC cannabis within 24 months of license issuance or fails to continue dispensing low-THC cannabis during the term of the license; or(9) Submits to the department a payment that is dishonored, reversed, or otherwise insufficient or invalid.(b) Following notification of the violation, the licensee or registrant will be provided with thirty (30) days to address the violation or request a hearing by submitting the request electronically through the department's website or as otherwise determined by the department. If a hearing is requested, the department will schedule a hearing before SOAH.(c) An individual whose registration has been revoked may not be relicensed or reregistered earlier than two (2) years from the date of revocation.(d) An individual whose registration has been revoked for a dishonored or reversed payment, as provided under subsection (a)(9) of this section may reapply at any time. Approval of the application is contingent upon receipt of payment of the full amount due, including any additional processing fees resulting from the prior dishonored or reversed payment. The department may dismiss a pending revocation proceeding based on a dishonored or reversed payment upon receipt of payment of the full amount due, including any additional processing fees resulting from the prior dishonored or reversed payment.(e) Other than as provided in subsection (d) of this section, an organization or individual whose license or registration has been revoked must follow the applicable procedures pursuant to §12.11 or §12.12 of this title (relating to Application for License and Application for Registration, respectively) for new applications.(f) For purposes of subsection (a)(8) of this section, a licensee fails to begin dispensing low-THC cannabis within 24 months of license issuance or fails to continue dispensing low-THC cannabis during the term of the license if the licensee:(1) Does not continuously cultivate, process, and produce low-THC cannabis in a manner consistent with the level of demand for the licensee's product; or(2) Does not promptly and accurately fill prescriptions.</content><note type="source"><p>Source Note: The provisions of this §12.23 adopted to be effective January 10, 2016, 41 TexReg 493; amended to be effective March 15, 2017, 42 TexReg 1146; amended to be effective October 29, 2025, 50 TexReg 7017.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scC/s12.24"><num value="12.24">§12.24</num><heading>Default Judgments</heading><content>Following adequate notice of a hearing on a contested case before SOAH, failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the SOAH docket and to informally dispose of the case on a default basis.</content><note type="source"><p>Source Note: The provisions of this §12.24 adopted to be effective January 10, 2016, 41 TexReg 493.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scC/s12.25"><num value="12.25">§12.25</num><heading>Hearing Costs</heading><content>(a) In cases brought before SOAH, in the event the respondent is adjudicated as being in violation of the Act or this chapter after a trial on the merits, the department has authority to assess the actual costs of the administrative hearing in addition to the penalty imposed. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, transcription expenses, or any other costs that are necessary for the preparation of the department's case.(b) The costs of transcriptions and preparation of the record for appeal shall be paid by the respondent.</content><note type="source"><p>Source Note: The provisions of this §12.25 adopted to be effective January 10, 2016, 41 TexReg 493.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scD"><num value="D">SUBCHAPTER D</num><heading>SECURITY</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scD/s12.31"><num value="12.31">§12.31</num><heading>Security of Facilities</heading><content>(a) A licensee or applicant for licensure must maintain effective controls and procedures in order to prevent unauthorized access, theft, or diversion of the low-THC cannabis and any derivative products. The standards provided in this subchapter are minimum standards only.(b) During the regular course of business activities, and except as provided by subsection (d) of this section, a licensee may not allow access to the facility's cultivation, processing, or product storage areas by unauthorized individuals or to the public. All cultivation of low-THC cannabis shall take place in an enclosed, secured building, or an enclosure within a building that provides reasonably adequate protection against the diversion of low-THC cannabis or raw materials used in or by-products created by the production or cultivation of low-THC cannabis; limit access to each area to the minimum number of individuals or employees necessary for the licensee's activities; and designate an individual or a limited number of individuals with responsibility for each area where a controlled item is cultivated, processed, dispensed, produced, or stored; and authority to enter or control entry into the area. Access to the enclosed, locked area is limited to a licensee, director, manager or registered employee when acting in his or her official capacity.(c) Access to the licensee's cultivation, processing, or product storage areas by authorized employees shall at a minimum be restricted by a physical barrier with a mechanical locking device compliant with life safety requirements that must be kept closed and locked at all times when not immediately being used to enter or exit the area. These areas shall be clearly and conspicuously marked at all access points with signage indicating access is restricted to individuals registered with the Texas Department of Public Safety under Chapter 487 of the Texas Health and Safety Code, in contrasting block letters at least one inch in height.(d) When unregistered individuals, whether employees or contractors, business guests or visitors, or maintenance or other service providers not regulated under the Act, are to be present in or are to pass through regulated premises, the unregistered individuals must be continuously escorted by a registrant. Unregistered individuals must be provided a visitor's badge reflecting the individual's name and the date of issuance. All ingress and egress by unregistered individuals must be recorded in a daily log. The log must include the full name of each unregistered individual entering the regulated premises, the time of arrival, the time of departure, and the purpose of the visit. The requirements of this subsection do not apply to representatives of the department or other law enforcement agencies of this state who tour the facility as part of their official duties.(e) Licensees must have an alarm system capable of continuously monitoring the regulated premises for fire and intrusion by means of camera recording, door switches, motion sensors, and fire and smoke detectors. The system must have the capability of immediately alerting local law enforcement of a fire at any time, of a security breach during non-business hours, and of being manually activated by staff during business hours. The camera monitoring system must be capable of recording at least 90 days of footage to an external hard drive at a minimum resolution of 720 x 350, with camera coverage of all regulated areas, including all ingress or egress areas, and the building exterior. Point of sale areas, if applicable, must have a camera placed in a manner to provide visual identification of any patient or legal guardian seeking to fill a prescription for low-THC cannabis. Exterior lighting must be sufficient to support camera monitoring. The system must comply with local city or county alarm permitting requirements. The system must be capable of continuous function upon total power loss for a minimum period of five (5) minutes.(f) Access to the licensee's cultivation, processing, or product storage areas must be through a metal security door on a metal frame with hinges that are protected from ingress. The metal door must have secure locking capability. The door, door frame, and locking mechanism must be compliant with life safety requirements. If the door utilizes magnetic locks, the lock must work independently without exterior power. Post-cultivation low-THC cannabis products must be stored in a locking safe or metal locking container, in compliance with Title 21 Code of Federal Regulations, §1301.72.(g) The licensee's cultivation, processing, production, or raw material storage areas should have no windows unless the windows are shatter resistant or burglar proof, or are reinforced with metal bars or grates to prevent entry.(h) In the event the licensee's facility shares space, or has an adjacent building, the facility must ensure no mutual access points exist, including ceiling or roof areas which would enable unauthorized access from the adjacent structure.(i) Final low-THC cannabis products and raw materials, including plants in any stages of growth, may not be visible from the exterior of the building during non-business hours.</content><note type="source"><p>Source Note: The provisions of this §12.31 adopted to be effective January 10, 2016, 41 TexReg 494; amended to be effective March 15, 2017, TexReg 1146.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scD/s12.32"><num value="12.32">§12.32</num><heading>Security of Vehicles</heading><content>(a) Any vehicle used by a dispensing organization for the transportation of low-THC cannabis must have a vehicle security system and a securely attached and locked container within the vehicle. It is the responsibility of the licensee to ensure that only authorized registered employees have access to the locked secure container within the vehicle.(b) Prior to transportation of any product, licensee shall complete a trip plan that includes:(1) The name of the registrant responsible for the transportation;(2) The date and start time of the trip;(3) The anticipated route of transportation and destination; and(4) A detailed invoice or log of the specific type of product and amount to be transported.(c) Promptly following transportation, the licensee shall enter the end time of the trip and any changes to the trip plan, including any changes to the amount of product delivered to the location.</content><note type="source"><p>Source Note: The provisions of this §12.32 adopted to be effective January 10, 2016, 41 TexReg 494; amended to be effective March 15, 2017, TexReg 1146.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scD/s12.33"><num value="12.33">§12.33</num><heading>Response to Security Breach</heading><content>(a) The licensee must immediately report any unauthorized intrusion or other security breach of the regulated premises to both the local law enforcement agency with primary response jurisdiction and within twenty four (24) hours to the department.(b) Following any security breach the licensee shall review existing security procedures for any deficiencies that may have contributed to the breach. The licensee shall remedy the deficiency and report the remedial measures to the department.(c) The licensee must rekey or change the combinations of any locks opened in the breach, and change any passwords that may have been used in the breach.</content><note type="source"><p>Source Note: The provisions of this §12.33 adopted to be effective January 10, 2016, 41 TexReg 494; amended to be effective March 15, 2017, TexReg 1146.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scD/s12.34"><num value="12.34">§12.34</num><heading>Reporting of Discrepancy, Loss or Theft</heading><content>(a) A licensee or registrant must report to the department not later than the second day following the date the licensee or registrant learns of:(1) A notable inventory discrepancy;(2) An inventory loss or theft; or(3) A fire on the regulated premises; or(4) A loss or theft during transport.(b) The report required by subsection (a) of this section must reflect the name and registration or license number of the individual preparing the report, the date of the report, and the details listed in this subsection, as applicable:(1) Date of discovery;(2) Amount of low-THC cannabis, raw materials, or by-products involved, including amounts transported and received;(3) Physical location at issue;(4) Date transported, name of registered employee involved in the transport; or(5) Description of any suspected criminal activity, or(6) Circumstances believed to have contributed to the loss, theft, or fire.(c) A fire on the regulated premises which must be reported immediately to the State Fire Marshal's Office.</content><note type="source"><p>Source Note: The provisions of this §12.34 adopted to be effective January 10, 2016, 41 TexReg 494; amended to be effective March 15, 2017, TexReg 1146.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scD/s12.35"><num value="12.35">§12.35</num><heading>Security of Satellite Locations.</heading><content>(a) A dispensing organization that has been approved by the department to operate a satellite location must establish and maintain effective controls and procedures to prevent unauthorized access, theft, or diversion of any low-THC cannabis product to be dispensed at a satellite location. The dispensing organization must:(1) Establish a floor plan and a security plan to be submitted to the department for pre-approval;(2) Designate an enclosed locked area within the satellite location where low-THC cannabis product is stored that provides reasonably adequate security against theft and diversion; and(3) Designate an individual, or a limited number of individuals, with responsibility for and with the authority to enter or control entry into the enclosed locked area where low-THC cannabis product is stored.(b) During the regular course of business activities, and except as provided by subsection (c) of this section, a dispensing organization may not allow access to the facility's low-THC cannabis product storage area by unauthorized individuals or to the public. Only a licensee, director, owner, manager, member, or registered employee may access the enclosed locked area where low-THC cannabis product is stored. A dispensing organization must limit access to the low-THC cannabis product storage area to the minimum number of individuals or employees necessary for the licensee's activities.(c) When unregistered individuals, whether employees, contractors, business guests, visitors, or maintenance or other service providers not regulated under Texas Health and Safety Code, Chapter 487 or this chapter, are present in or pass through regulated premises, the unregistered individuals must be continuously escorted by a registrant. Unregistered individuals must be provided a visitor's badge reflecting the individual's name and the date of issuance. All ingress and egress by unregistered individuals must be recorded in a daily log. The log must include the full name of each unregistered individual entering the regulated premises, the time of arrival, the time of departure, and the purpose of the visit. The requirements of this subsection do not apply to representatives of the department or other law enforcement agencies of this state who tour the facility as part of the representative's official duties.(d) Satellite locations must have an alarm system capable of continuously monitoring the regulated premises for fire and intrusion by means of camera recording, door switches, motion sensors, and fire and smoke detectors. The system must have the capability of immediately alerting local law enforcement of a fire at any time, of a security breach during non-business hours, and of being manually activated by staff during business hours. The camera monitoring system must be capable of recording at least 90 days of footage to an external hard drive at a minimum resolution of 720 x 350, with camera coverage of all regulated areas, including all ingress or egress areas, and the building exterior. Point of sale areas, if applicable, must have a camera placed in a manner to provide visual identification of any patient or legal guardian seeking to fill a prescription for low-THC cannabis. Exterior lighting must be sufficient to support camera monitoring. The system must comply with local city or county alarm permitting requirements. The system must be capable of continuous function upon total power loss for a minimum period of five (5) minutes.(e) A dispensing organization may not store or sell products at a satellite location that are not approved by the department under the Texas Compassionate Use Program.(f) All low-THC cannabis product stored at the satellite location must be secured in a locked restricted access area, unless in the process of being dispensed to a patient.(g) Any pick-up location previously approved by the department must meet the minimum satellite facility safety requirements as determined by the department under this section.</content><note type="source"><p>Source Note: The provisions of this §12.35 adopted to be effective October 29, 2025, 50 TexReg 7017.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scE"><num value="E">SUBCHAPTER E</num><heading>COMPASSIONATE-USE REGISTRY</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scE/s12.41"><num value="12.41">§12.41</num><heading>Access to Compassionate-Use Registry</heading><content>(a) Qualified physicians registered as prescribers of low-THC cannabis under Texas Occupations Code, Chapter 169 may access the Compassionate-Use Registry using the department's secure web portal.(b) Dispensing organizations and law enforcement agencies may request access to the Compassionate-Use Registry for purposes of the Act and this chapter, including verifying whether a patient is one for whom low-THC cannabis is prescribed and whether the patient's prescriptions have been filled.</content><note type="source"><p>Source Note: The provisions of this §12.41 adopted to be effective January 10, 2016, 41 TexReg 495; amended to be effective March 15, 2017, 42 TexReg 1147.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scE/s12.42"><num value="12.42">§12.42</num><heading>Verification of Patient Prescription</heading><content>(a) Before dispensing any low-THC cannabis to a registered patient or the patient's legal guardian, the dispensing organization must verify the identity of the patient or guardian, verify the guardian's status, if applicable, and otherwise comply with the requirements of §487.107 of the Act.(b) Upon dispensing the low-THC cannabis, the dispensing organization shall immediately enter into the registry the form and quantity of low-THC cannabis dispensed, the amount charged for the low-THC cannabis dispensed, and the date and time of dispensation.</content><note type="source"><p>Source Note: The provisions of this §12.42 adopted to be effective January 10, 2016, 41 TexReg 495; amended to be effective March 15, 2017, 42 TexReg 1147.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scE/s12.43"><num value="12.43">§12.43</num><heading>Prescriber Registration</heading><content>(a) In addition to the requirements of Texas Occupations Code, §169.004, for purposes of identification the physician's registration must include the patient's address, the last four digits of the patient's Social Security number, and if applicable, the name of the patient's legal guardian.(b) Physicians registered as prescribers of low-THC cannabis under Texas Occupations Code, Chapter 169 must immediately inform the department of any change to their qualifications to prescribe under §169.002.</content><note type="source"><p>Source Note: The provisions of this §12.43 adopted to be effective January 10, 2016, 41 TexReg 495.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scE/s12.44"><num value="12.44">§12.44</num><heading>Prescriptions</heading><content>Prescriptions for low-THC cannabis must be submitted electronically to the Compassionate-Use Registry in compliance with Texas Occupations Code, §169.003, and may be confirmed and dispensed based on the electronic prescription record in accordance with §487.107 of the Act.</content><note type="source"><p>Source Note: The provisions of this §12.44 adopted to be effective January 10, 2016, 41 TexReg 495.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scF"><num value="F">SUBCHAPTER F</num><heading>SPECIAL CONDITIONS FOR MILITARY SERVICE MEMBERS AND SPOUSES</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scF/s12.51"><num value="12.51">§12.51</num><heading>Definitions</heading><content>For purposes of this subchapter, the terms "military service member", "military veteran", and "military spouse" have the meanings provided in Texas Occupations Code, §55.001.</content><note type="source"><p>Source Note: The provisions of this §12.51 adopted to be effective January 10, 2016, 41 TexReg 496.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scF/s12.52"><num value="12.52">§12.52</num><heading>Exemption from Penalty for Failure to Renew in Timely Manner</heading><content>An individual who holds a registration or license issued under the Act is exempt from any increased fee or other penalty for failing to renew the license or registration in a timely manner if the individual establishes to the satisfaction of the department the individual failed to renew the license or registration in a timely manner because the individual was serving as a military service member.</content><note type="source"><p>Source Note: The provisions of this §12.52 adopted to be effective January 10, 2016, 41 TexReg 496.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scF/s12.53"><num value="12.53">§12.53</num><heading>Extension of License Renewal Deadlines for Military Members</heading><content>A military service member who holds a registration or license issued under the Act is entitled to two (2) years of additional time to complete any requirement related to the renewal of the license.</content><note type="source"><p>Source Note: The provisions of this §12.53 adopted to be effective January 10, 2016, 41 TexReg 496.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scF/s12.54"><num value="12.54">§12.54</num><heading>Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses</heading><content>(a) An individual who is a military service member, military veteran, or military spouse may apply for a license under this section if the individual:(1) Holds a current license issued by another jurisdiction with licensing requirements substantially equivalent to the Act's requirements for the license; or(2) Held a license in this state within the five (5) years preceding the date of application.(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.</content><note type="source"><p>Source Note: The provisions of this §12.54 adopted to be effective January 10, 2016, 41 TexReg 496.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c12/scF/s12.55"><num value="12.55">§12.55</num><heading>Credit for Military Experience and Training</heading><content>(a) Verified military service, training, or education that relates to the registration or license for which a military service member or military veteran has applied will be credited toward the respective experience or training requirements.(b) This section does not apply to an applicant who:(1) Holds a restricted licensed issued by another jurisdiction; or(2) Is ineligible for the registration or license under the Act or this chapter, based on a disqualifying criminal history.</content><note type="source"><p>Source Note: The provisions of this §12.55 adopted to be effective January 10, 2016, 41 TexReg 496.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c12/scG"><num value="G">SUBCHAPTER G</num><heading>PRODUCTION LIMITS</heading><section identifier="/us/state/tx/tac/t37/p1/c12/scG/s12.61"><num value="12.61">§12.61</num><heading>Production Limits</heading><content>(a) This subchapter limits the amount of annual statewide production by licensees to the estimated demand as calculated under this subchapter but shall not be construed as adopting a standard of care for treatment involving the product. The intent of this subchapter reflects legislative intent to serve a narrow population of patients living with intractable epilepsy, as defined under Occupations Code, Chapter 169. The subchapter includes a provision allowing the department to increase the established production limit. This provision shall be executed if ever necessary to prevent the subchapter from ever being the cause of a patient legally prescribed the product under Occupations Code, Chapter 169, from being unable to access his or her full prescription from a licensee.(b) On the first of every September or in accordance with subsection (i) of this section, the Department of State Health Services shall provide a report to the department with:(1) a current estimate of people living with intractable epilepsy, as defined by Occupations Code, Chapter 169, in Texas; and(2) the most current scientifically accepted dosage of product used to treat an average individual living with intractable epilepsy for one (1) year.(c) Any information reported under subsection (b) of this section:(1) may be extrapolated from the number of beneficiaries receiving state public assistance treating individuals with intractable epilepsy;(2) is strictly for the purpose of estimating a limit on production under this chapter; and(3) shall not be construed as the Department of State Health Services adopting a standard of care for treating intractable epilepsy.(d) Upon receipt of the report required under subsection (b), the department shall determine the maximum amount of product allowed to be produced statewide, which shall be limited to:(1) an amount required to treat one third of the population described in subsection (b)(1) of this section with each individual receiving the dosage determined by subsection (b)(2) of this section, if prior to September 1, 2018; or(2) the amount of product demand from the previous twelve (12) month period grown by a percent equal to the growth over the same previous twelve (12) month period in the population described by subsection (b)(1), if after September 1, 2018.(e) The department shall determine a maximum amount of cannabis sativa plants needed to produce the amount of product described in subsection (d) and subsection (j) of this section, if applicable.(f) Except as provided in subsection (j), each licensee shall not annually produce more than an amount of product described by subsection (d) divided by the number of licensees.(g) In any fiscal year, licensees shall not have more live cannabis sativa plants than an amount authorized by the department in subsection (e) in this section divided by the number of licensees.(h) Licensees may report a forecasted shortage of product once in any quarter of the fiscal year to the department, which shall forward the report to the Department of State Health Services.(i) The Department of State Health Services may resend a revised report under subsection (b) at any time upon receipt of reliable information that conflicts with the most recently released report under subsection (b).(j) The department may increase the amount allowed under subsection (d) upon notice from the Department of State Health Services under subsection (i). An increase under this subsection is limited to meeting the forecasted demand for product in Texas for the remainder of the current twelve (12) month period ending on the last day of August.(k) After the department makes a determination under subsection (j), each licensee may increase their maximum production allowed under subsection (f) of this section by the amount of the increase divided by the number of licensees or as otherwise determined by the department.(l) On March 1, 2018, the Department of State Health Services shall release updated population and dosage amounts required under subsection (b) that will determine the maximum amount of product allowed statewide under subsection (d)(1) of this subsection until September 1, 2018.(m) Subsection (l) expires on September 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §12.61 adopted to be effective March 15, 2017, 42 TexReg 1148.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c13"><num value="13">CHAPTER 13</num><heading>CONTROLLED SUBSTANCES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c13/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c13/scA/s13.1"><num value="13.1">§13.1</num><heading>Definitions</heading><content>(a) The terms in this section, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Act--The Texas Controlled Substances Act (Texas Health and Safety Code, Chapter 481).(2) Day--A calendar day unless otherwise indicated as a business day.(3) Department (DPS)--The Texas Department of Public Safety.(4) Distributor--A manufacturer, wholesaler, retailer or other person who sells, transfers, or otherwise furnishes a chemical precursor or a chemical laboratory apparatus.(5) Drug Enforcement Administration (DEA)--The Federal Drug Enforcement Administration.(6) Electronic transmission--The transmission of information in electronic form such as computer to computer, electronic device to computer, email, or the transmission of the exact visual image of a document by way of electronic media.(7) Record--A notification, order form, statement, invoice, inventory information, or other document for the acquisition or disposal of a controlled substance, precursor, or apparatus created or maintained in any manner under a record keeping or inventory requirement of federal law, the Act, or this chapter.(b) For purposes of this chapter, the terms "precursor chemical" and "chemical precursor" are interchangeable.</content><note type="source"><p>Source Note: The provisions of this §13.1 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c13/scB"><num value="B">SUBCHAPTER B</num><heading>PRECURSOR CHEMICAL LABORATORY APPARATUS (PCLA)</heading><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.13"><num value="13.13">§13.13</num><heading>Reporting</heading><content>A suspicious order, a theft, or a loss of a precursor chemical or laboratory apparatus shall be reported to the department using the department approved form not later than the third day after the suspicious order, theft, or loss is discovered.</content><note type="source"><p>Source Note: The provisions of this §13.13 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.16"><num value="13.16">§13.16</num><heading>Security</heading><content>(a) A distributor or recipient must establish and maintain effective controls and procedures to prevent unauthorized access, theft, or diversion of any precursor chemical laboratory apparatus (PCLA). The following constitute the minimum security requirements to protect these controlled items. The distributor or recipient must:(1) Establish and maintain a building, an enclosure within a building, or an enclosed yard that provides reasonably adequate security against the diversion of a controlled item;(2) Limit access to each storage area to the minimum number of individuals or employees necessary for the distributor's or recipient's activities; and(3) Designate an individual or a limited number of individuals with responsibility for each area in which a controlled item is stored, and authority to enter or control entry into the area.(b) In the absence of a physical barrier, such as a wall, partition, fence, or similar divider, the distributor or recipient may comply with this section by another form of substantially increased security to limit physical access to the storage area under subsection (a)(2) of this section.(c) The distributor or recipient will make the designation required by subsection (a)(3) of this section in writing and will make the designation available upon request in the same manner as a record kept under this chapter. The distributor or recipient may update the designation record as necessary to reflect current practice.(d) When maintenance personnel or a business guest, visitor, or similar individual is present in or passes through an area addressed by this section, the distributor or recipient must provide for reasonably adequate observation of the area by an employee specifically designated under subsection (a)(3) of this section.(e) If a distributor or recipient has an alarm system that is in operation and being monitored, the distributor or recipient must immediately report each unauthorized intrusion or other security breach to the department and to the distributor's or recipient's local law enforcement agency.(f) A distributor or recipient is not required to make the alarm report required under subsection (e) of this section if there is a reasonable explanation for the security breach that does not involve potential diversion.</content><note type="source"><p>Source Note: The provisions of this §13.16 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.17"><num value="13.17">§13.17</num><heading>Record Keeping</heading><content>(a) A distributor or recipient of a precursor or apparatus must make an accurate and legible record of each distribution; and maintain the record for two years after the date of the transaction.(b) A distributor satisfies the record keeping requirement under this section by recording and maintaining the record of distribution as a readily retrievable record in an automated data processing system, if the system provides a comprehensive monthly report to the department.</content><note type="source"><p>Source Note: The provisions of this §13.17 adopted to be effective November 6, 2016, 41 TexReg 8619.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.18"><num value="13.18">§13.18</num><heading>Inventory</heading><content>(a) Unless exempt under the Act, a distributor or recipient of a precursor or apparatus must establish and maintain an inventory under this section.(b) A distributor or recipient must conduct an initial inventory to include each precursor chemical laboratory apparatus (PCLA) that is covered by this subchapter and in stock at the time of the inventory. The distributor or recipient must conduct the initial inventory not later than the 90th day after the date the department issues the initial permit under this chapter.(c) After the initial inventory, a distributor or recipient must conduct another inventory not later than the 24th month following the month of the last inventory.(d) The department may deem a distributor or recipient to be in compliance with the inventory requirements of this section if the distributor or recipient:(1) Is a business that routinely conducts an annual inventory of all items; and(2) Maintains a readily retrievable record of each precursor or apparatus located during the inventory.</content><note type="source"><p>Source Note: The provisions of this §13.18 adopted to be effective November 6, 2016, 41 TexReg 8619.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.19"><num value="13.19">§13.19</num><heading>Inspection</heading><content>(a) Upon request of the department, a distributor or recipient may be provided up to 24 hours, excluding weekends and holidays, to produce any or all records required to be maintained on site for inspection by the department.(b) All distributors or recipients authorized to maintain an offsite central record keeping system shall, upon request, produce the requested records within two business days.(c) If an individual maintains a record under this chapter using an automated data processing system and if the individual does not have a printer available on site, the individual must:(1) Make a useable copy available to the department at the close of business the day after the audit; and(2) Certify that the information contained within the copy is true and correct as of the date of audit and has not been altered, amended, or modified.(d) No individual in charge of a premise, item, or record covered by the Act or this subchapter may refuse, or interfere with, an inspection.</content><note type="source"><p>Source Note: The provisions of this §13.19 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.21"><num value="13.21">§13.21</num><heading>Administrative Violations and Penalties</heading><content>The violations detailed in this section will be subject to an administrative fine of $500 per violation, subject to the factors provided in §481.302 of the Act. These fines may be imposed under the procedures described in Subchapter H of the Act for violations of the Act and this chapter.(1) Failure to maintain records/inventories.(2) Failure to provide required reports.(3) Inaccurate or fraudulent reporting.(4) Failure to surrender required documents.(5) Failure to maintain adequate security.(6) Refusing to allow or failure to cooperate with inspections.(7) Misrepresentation of information on record or report.(8) Unlawful transfer or receipt of precursor chemical.(9) Transfer of precursor substance for unlawful manufacture.(10) Unlawful transfer or receipt of lab apparatus.(11) Transfer of lab apparatus for unlawful manufacture.</content><note type="source"><p>Source Note: The provisions of this §13.21 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.23"><num value="13.23">§13.23</num><heading>Notice and Hearings</heading><content>(a) Hearings on administrative penalties are governed by Subchapter H of the Act (§481.301 et seq.).(b) The department may rely on the mailing and electronic mail address and facsimile number currently on file for all purposes relating to notification. The failure to maintain a current mailing and electronic mail address and facsimile number with the department is not a defense to any action based on the individual's failure to respond. Service of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and 3 days following the date sent if by regular United States mail.(c) Following adequate notice of a hearing on a contested case before the State Office of Administrative Hearings (SOAH), failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the SOAH docket and to informally dispose of the case on a default basis.(d) In cases brought before SOAH, in the event that the respondent is adjudicated to be in violation of the Act or this chapter after a trial on the merits, the department has authority to assess, in addition to the penalty imposed, the actual costs of the administrative hearing. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, costs of adjudication before SOAH and any other costs that are necessary for the preparation of the department's case including the costs of any transcriptions of testimony.(e) The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the respondent.</content><note type="source"><p>Source Note: The provisions of this §13.23 adopted to be effective November 6, 2016, 41 TexReg 8619; amended to be effective March 5, 2020, 45 TexReg 1441.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.24"><num value="13.24">§13.24</num><heading>Additional or Exempted Chemical Precursor or Laboratory Apparatus</heading><content>(a) Under the authority of §481.077(b) and §481.080(c) of the Act, the department has determined that the items detailed in the section should be added to or exempted from the chemical precursor or laboratory apparatus lists.(b) Chemical precursor additions. The department hereby names the following chemical substances as chemical precursors subject to the Act, §481.077(b):(1) Red phosphorus; and(2) Hypophosphorous acid.(c) Chemical precursor exemptions. The department has not exempted any substances from the list of chemical precursor subject to the Act, §481.077(b).(d) Laboratory apparatus additions. The department has not added any items to the list of items of chemical laboratory apparatus subject to the Act, §481.080(a).(e) Laboratory apparatus exemptions. The department has not exempted any items from those chemical laboratory apparatus subject to the Act, §481.080(a).</content><note type="source"><p>Source Note: The provisions of this §13.24 adopted to be effective November 6, 2016, 41 TexReg 8619.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scB/s13.25"><num value="13.25">§13.25</num><heading>Immediate Chemical Precursor List</heading><content>The substances detailed in this section are designated as being an immediate precursor as provided under the Act, §481.002(22):(1) Benzaldehyde;(2) Gamma-butyrolactone (other names include: GBL; dihydro-2(3H)-furanone; 1,2-butanolide; 1,4-butanolide; 4-hydroxybutanoic acid lactone; gamma-hydroxybutyric acid lactone);(3) Isosafrole;(4) 3,4-methylenedioxyphenyl-2-propanone;(5) N-methylephedrine, its salts, optical isomers, and salts of optical isomers;(6) N-methylpseudoephedrine, its salts, optical isomers, and salts of optical isomers;(7) Piperonal;(8) Safrole; and(9) Lithium metal removed from a battery and immersed in kerosene, mineral spirits, or similar liquid that prevents or retards hydration.</content><note type="source"><p>Source Note: The provisions of this §13.25 adopted to be effective November 6, 2016, 41 TexReg 8619.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c13/scD"><num value="D">SUBCHAPTER D</num><heading>MISCELLANEOUS PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c13/scD/s13.51"><num value="13.51">§13.51</num><heading>Ephedrine, Pseudoephedrine, and Norpseudoephedrine</heading><content>(a) A wholesale distributor who sells, transfers, or otherwise furnishes a product containing ephedrine, pseudoephedrine, or norpseudoephedrine to a retailer shall obtain before delivering the product:(1) The retailer's business name, address, area code, and telephone number;(2) The name of the person making the purchase;(3) The amount of the product containing ephedrine, pseudoephedrine, or norpseudoephedrine ordered; and(4) Any other information required by the department.(b) A wholesale distributor shall make an accurate and legible record of the information in subsection (a) of this section and the amount of the product containing ephedrine, pseudoephedrine, or norpseudoephedrine actually delivered. A wholesale distributor shall retain the record for a period of at least two years after the date of the transaction. The record shall be made available to the department upon request.(c) Not later than ten business days after receipt of an order for a product containing ephedrine, pseudoephedrine, or norpseudoephedrine requesting delivery of a suspicious quantity of that product, the wholesale distributor shall report the suspicious order to the department on the form and in the manner approved by the department.(d) A wholesale distributor who distributes a product containing ephedrine, pseudoephedrine, or norpseudoephedrine to a retailer shall make available for immediate inspection to any member of the department during regular business hours upon presentation of proper credentials all files, papers, processes, controls, or facilities appropriate for verification of a required record or report. If the wholesaler is no longer in operation or closed, the records shall be made available within three business days.(e) A wholesale distributor who fails to comply with the requirements of this section may be subject to administrative penalties, pursuant to Subchapter H of the Act and notification of the proper administrative or law enforcement authorities.</content><note type="source"><p>Source Note: The provisions of this §13.51 adopted to be effective November 6, 2016, 41 TexReg 8621.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c13/scG"><num value="G">SUBCHAPTER G</num><heading>FORFEITURE AND DESTRUCTION</heading><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.151"><num value="13.151">§13.151</num><heading>Subchapter Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.(1) Abusable volatile chemical--Has the meaning given that term by the Texas Health and Safety Code, Chapter 485. In addition, abusable volatile chemicals also include any derivative products, such as, glues, aerosol paint, aerosol adhesives, aerosol spray air, and cement adhesives or any other product containing an abusable volatile chemical.(2) Excess quantity--Unless otherwise modified under §13.157(d) of this title (relating to SOP for Destruction By Laboratory or Agency--Security Control), more than:(A) one kilogram of bulk dry evidence, such as powder;(B) 500 milliliters of bulk liquid evidence, such as a chemical precursor or liquid controlled substance;(C) 200 dosage or abuse units of an item, such as tablets, capsules, liquids, or other items so measured;(D) 250 grams of bulk packaged marihuana;(E) five individual controlled substance plants, such as marihuana or peyote; or(F) five miscellaneous items of drug or inhalant paraphernalia.(3) Hazardous material--An item that:(A) creates a health or environmental hazard or prohibits safe storage because of its nature and quantity; or(B) meets the hazardous waste criteria of the United States Environmental Protection Agency (EPA), because of its nature, including its corrosivity, ignitability, reactivity, toxicity, or other hazardous characteristic.(4) Item--Controlled substance property, controlled substance plant, simulated controlled substance, volatile chemical or related inhalant paraphernalia, or abusable glue, aerosol paint, or related inhalant paraphernalia, as those terms are used in the Texas Health and Safety Code, Chapters 481 - 485.(5) Laboratory--A crime laboratory located in this state that holds a registration number for the analysis of a controlled substance from the DEA.(6) Lawful possession--Includes the possession of an item obtained in accordance with state or federal law.(7) Simulated controlled substance--Has the meaning given that term by the Texas Health and Safety Code, Chapter 482.(8) SOP--A standard operation procedure established under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §13.151 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective March 30, 2017, 42 TexReg 1574.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.152"><num value="13.152">§13.152</num><heading>Summary Forfeiture</heading><content>(a) Generally. An item may be forfeited to the state under this subchapter if:(1) the lawful possession of the item cannot be readily ascertained; and(2) the law enforcement agency or peace officer seizing the item makes every reasonable effort to investigate lawful possession.(b) Forfeiture requirements. Except as provided in subsection (c) of this section, an item is summarily forfeited to the state under this subchapter, if the item is of a type commonly abused and:(1) an apparently legitimate possessor has voluntarily surrendered the item to a laboratory, law enforcement agency, or peace officer for the express purpose of destruction;(2) no known lawful possessor can be determined; or(3) no lawful possessor is reasonably likely to be located.(c) Pharmaceuticals. A legitimately manufactured pharmaceutical item is not subject to summary forfeiture to the state under subsection (b) of this section, unless it:(1) has been voluntarily surrendered by an apparently legitimate possessor to a laboratory, law enforcement agency, or peace officer for the express purpose of destruction; or(2) was illegally sold or possessed under the Texas Health and Safety Code, Chapters 481 - 485.(d) Doubtful case. If there is doubt about legitimacy or lawfulness, the laboratory, law enforcement agency, or peace officer contemplating destruction must seek a court order of destruction.(e) Not required to accept an item. This subchapter only applies to an item that has been accepted by a laboratory, law enforcement agency, or peace officer for summary forfeiture or destruction. It does not require a laboratory, agency, or officer to accept a particular item for summary forfeiture or destruction.</content><note type="source"><p>Source Note: The provisions of this §13.152 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.153"><num value="13.153">§13.153</num><heading>Item Legally Worthless as Criminal Evidence</heading><content>(a) Generally. This subchapter describes the documentation and security provisions to use once the decision to destroy has been made.(b) Reasonable effort. Before a laboratory, law enforcement agency, or peace officer destroys an item under this subchapter, the director recommends but does not require a responsible party to make a reasonable effort to ensure the item:(1) has no continuing evidentiary value or significance to any pending or contemplated criminal case; or(2) is in excess quantity.(c) If case filed. If a criminal case was filed involving an item, the person seeking destruction authorization or contemplating the giving of authorization to destroy must contact the office of the appropriate prosecutor or court before destruction to determine whether the item has any continuing evidentiary significance.</content><note type="source"><p>Source Note: The provisions of this §13.153 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.154"><num value="13.154">§13.154</num><heading>Destruction Authority - Controlled Substance Property or Plant</heading><content>(a) Generally. Destruction with or without court order. A laboratory, law enforcement agency, or peace officer may destroy controlled substance property or a controlled substance plant covered by this section:(1) with a court order under the authority of that order; or(2) without a court order under the authority of one of the summary destruction provisions of the Act, Subchapter E.(b) Statutory sources. A laboratory, law enforcement agency, or peace officer may destroy without a court order:(1) a controlled substance plant under the authority of the Act, §481.152(d);(2) an item of controlled substance property under the authority of the Act, §481.153(b); or(3) an excess quantity of certain items under the authority of the Act, §481.160.(c) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of an item of controlled substance property or plant under this section, except where provided otherwise in a court order of destruction.</content><note type="source"><p>Source Note: The provisions of this §13.154 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.155"><num value="13.155">§13.155</num><heading>Destruction Authority - Other Item</heading><content>(a) Destruction with or without court order. A laboratory, law enforcement agency, or peace officer may destroy certain miscellaneous items covered by this section:(1) with a court order under the authority of that order; or(2) without a court order under the authority of one of the summary destruction provisions of the Texas Health and Safety Code, Chapters 482 - 485.(b) Statutory sources. A laboratory, law enforcement agency, or peace officer may destroy without a court order:(1) a simulated controlled substance under the authority of the Texas Health and Safety Code, §482.004; or(2) an abusable volatile chemical or inhalant paraphernalia under the authority of the Texas Health and Safety Code, §485.037.(c) Dangerous drug. At the direction of the Texas State Board of Pharmacy, a law enforcement agency or peace officer may destroy without a court order a dangerous drug under the authority of the Texas Health and Safety Code, §483.074.(d) Subchapter applies. The documentation and security provisions of this subchapter apply to destruction of a miscellaneous item under this section, except where provided otherwise in a court order of destruction.</content><note type="source"><p>Source Note: The provisions of this §13.155 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective October 28, 2007, 32 TexReg 7492.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.156"><num value="13.156">§13.156</num><heading>Destruction Authority - Court Order</heading><content>(a) Statutory authority. A court may issue an order of destruction for an item that:(1) is controlled substance property or plant under the authority of the Act, §481.159; or(2) was stolen or acquired in any other manner that made the acquisition a penal offense under the authority of the Texas Code of Criminal Procedure, Chapter 47.(b) Security provisions required by the court. A laboratory, law enforcement agency, or peace officer carrying out a court order of destruction must comply with the documentation and security provisions of the order, if any.(c) No security provisions required by the court. If the court order is silent about the manner of destruction, or if it does not specify or direct another manner of destruction inconsistent with this subchapter, the laboratory, law enforcement agency, or peace officer must comply with the documentation and security provisions of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §13.156 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.157"><num value="13.157">§13.157</num><heading>SOP for Destruction by Laboratory or Agency - Security Control</heading><content>(a) SOP required. Before allowing anyone, whether peace officer or civilian, to destroy an item under this subchapter, a laboratory or law enforcement agency must adopt a written SOP for the destruction of the kind of item sought to be destroyed.(b) Compliance required. A laboratory or law enforcement agency must require that each person engaged in destruction under this subchapter must strictly follow each SOP. A written SOP may exceed a minimum requirement contained within this subchapter.(c) Generally. In order to minimize the likelihood of pilferage or other unlawful diversion, an SOP must include requirements that are reasonably likely to:(1) uncover the occurrence of a discrepancy, loss, theft, or other potential diversion; and(2) identify and destroy the excess quantity of an item, in order to reduce the size of an exhibit while preserving its evidentiary value.(d) Modify definition of "excess quantity." With the express approval of each appropriate prosecuting authority, an SOP may increase or decrease the amount of an item necessary to meet the definition of an "excess quantity" under that SOP.(e) Specifically. An SOP must include a requirement that:(1) a specific person or category of persons must seek destruction authorization for an item after it exceeds the maximum limits for item storage established by the SOP, including the duration and amount;(2) a specific person or category of persons must make an immediate report to a supervisor of an unusual or suspicious incident or probable breach of security reasonably related to potential discrepancy, loss, theft, or other diversion;(3) a supervisor must make a thorough investigation of the incident, including laboratory reanalysis if necessary; and(4) a specific person or category of persons must contact the submitting peace officer, the submitting law enforcement agency, or the office of the prosecutor responsible for the case to seek:(A) written authorization to destroy all or part of a particular exhibit; or(B) blanket written authorization to destroy all or part of each exhibit that meets certain criteria.</content><note type="source"><p>Source Note: The provisions of this §13.157 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.158"><num value="13.158">§13.158</num><heading>Manner of Destruction - Security Control</heading><content>(a) Destruction by anyone. A person may accomplish routine destruction of an item under this subchapter by burning in a suitable incinerator or by another method as long as the person performs the destruction in:(1) a safe and responsible manner;(2) compliance with all relevant federal, state, and local laws; and(3) compliance with all requirements of the Texas Commission on Environmental Quality and the EPA.(b) Private contract. If a laboratory, law enforcement agency, or peace officer contracts with a private entity to destroy the item, the private contractor must:(1) hold a controlled substances registration number from the director and DEA; and(2) obtain full permitting from the EPA as a hazardous waste transportation, storage, or disposal facility, as appropriate.(c) Destruction by officer. The director recommends but does not require that an individual peace officer should not destroy hazardous material, unless that officer possesses the special expertise required to handle the material safely and lawfully.</content><note type="source"><p>Source Note: The provisions of this §13.158 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective October 28, 2007, 32 TexReg 7492.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.159"><num value="13.159">§13.159</num><heading>Two-Witness Rule - Security Control</heading><content>(a) Destruction by anyone. A laboratory, law enforcement agency, or peace officer may not destroy an item under this subchapter without at least two individuals present to witness the actual destruction. One witness must be:(1) a supervisor; or(2) another individual expressly designated by a supervisor to witness that specific destruction incident.(b) Destruction by laboratory. If a laboratory destroys the item, destruction must comply with:(1) the security provisions of this chapter for a controlled substances registrant; and(2) the documentation and security provisions of this subchapter that reference a laboratory.(c) Destruction by agency or officer. If a law enforcement agency or peace officer destroys the item:(1) no two individuals may serve as the sole witnesses to consecutive destruction incidents; and(2) the director recommends but does not require both of the two witnesses should be peace officers from different law enforcement agencies.</content><note type="source"><p>Source Note: The provisions of this §13.159 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.160"><num value="13.160">§13.160</num><heading>Destruction Inventory - Security Control</heading><content>(a) After laboratory analysis. If destruction under this subchapter follows a laboratory analysis process that has resulted in adequate repackaging and sealing of an item, the director will deem a destruction inventory to be sufficient if it consists of an inspection, accomplished without breaking the seal, in order to:(1) verify the nature, kind, and quantity of the items sought to be destroyed as compared with the original laboratory submission; and(2) determine the status of the packaging and seal integrity.(b) No laboratory analysis. If destruction does not follow a laboratory analysis process that has resulted in adequate repackaging and sealing of an item, a destruction inventory must include:(1) the relevant case or file number;(2) the name of the seizing law enforcement agency or peace officer;(3) a description of the packaging;(4) a description of the status of the packaging and seal integrity; and(5) the count and weight of the item, including the exact nature, kind, and quantity.</content><note type="source"><p>Source Note: The provisions of this §13.160 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.161"><num value="13.161">§13.161</num><heading>Witness Responsibility - Security Control</heading><content>(a) Generally. For purposes of accountability, at least two of the witnesses to a destruction under this subchapter must, during a process conducted immediately before the physical destruction of an item:(1) examine each item in a manner sufficient to complete the destruction inventory required by this subchapter;(2) compare that destruction inventory with each previous inventory of the item, including one that may have been made as part of an evidence submission form, a laboratory analysis, or as part of the destruction authorization;(3) examine each package for the integrity or breach of the package or seal;(4) refuse to destroy an item that reasonably appears to have been tampered with or to be at variance with its purported count or weight; and(5) ensure destruction of each item as soon as reasonably possible.(b) Suspicious incident. Each witness must:(1) investigate a suspicious incident or probable breach of security, including a discrepancy, loss, theft, or other potential diversion of an item to be destroyed; or(2) report the incident or breach to an appropriate law enforcement agency or peace officer for investigation.(c) Registrant security provisions may also apply. The registrant security provisions of this chapter apply if a witness to destruction under this subchapter is also registered individually as a controlled substances registrant or employed by a registrant. If so, the witness is responsible for making a written report to the director through the Narcotics Regulation Bureau of a probable breach of security under those provisions.</content><note type="source"><p>Source Note: The provisions of this §13.161 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective February 25, 2010, 35 TexReg 1476.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.162"><num value="13.162">§13.162</num><heading>Laboratory Retesting for Possible Tampering - Security Control</heading><content>(a) Suspicious incident. Unless there is an obvious, reasonable explanation for the event in question, each witness to a destruction under this subchapter is responsible for returning an item to a laboratory for testing to detect a discrepancy, loss, theft, or other potential diversion if:(1) the count or weight of the item is substantially incorrect;(2) a package has been opened; or(3) there is another suspicious incident or probable breach of security.(b) Laboratory options. If an individual returns an item to a laboratory for testing under this section, the laboratory may conduct an analysis sufficient to detect discrepancy, loss, theft, or other potential diversion or to resolve the particular suspicion surrounding the incident.</content><note type="source"><p>Source Note: The provisions of this §13.162 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.163"><num value="13.163">§13.163</num><heading>Destruction Documentation - Security Control</heading><content>(a) Contemporaneous written statement. At or immediately after the time of a destruction under this subchapter, one of the witnesses to destruction must complete a written statement containing a detailed description of the destruction of the item, including all the relevant information required by this subchapter.(b) Private contract. If a laboratory, law enforcement agency, or peace officer contracts with a private entity to destroy the item, the witnesses need not be present during the actual physical destruction of each item by the private contractor. A written statement under this subsection must document the status and handling of the item up to the point the laboratory, agency, or officer turned it over to the private contractor for destruction under the contract.(c) Contents of statement. A statement may incorporate other documents by reference and must contain:(1) relevant seizure information, including the seizing law enforcement agency or peace officer, the date and location of seizure, and the authority for seizure;(2) the destruction authority, including the name, position, and reason given by the individual authorizing destruction;(3) the manner of transportation to the destruction site, including the names of each individual transporting an item;(4) an inventory of the items destroyed, including the nature, kind, and quantity of the item;(5) the witnesses, including the name, title, agency, and signature of each witness;(6) the date and location of destruction;(7) manner of destruction; and(8) each unusual or suspicious event that occurred during the destruction incident.</content><note type="source"><p>Source Note: The provisions of this §13.163 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.164"><num value="13.164">§13.164</num><heading>Document Maintenance, Inspection, and Transmittal - Security Control</heading><content>(a) Generally. The laboratory, law enforcement agency, or peace officer who destroys an item under this subchapter must maintain the original destruction documents in a readily retrievable form after the date of destruction.(b) Available to Director for inspection. The destroying laboratory, law enforcement agency, or peace officer must make the original destruction documents available for announced or unannounced inspection by the director.(c) Copy upon request. If the director requests a copy of the destruction documentation, a laboratory, law enforcement agency, or peace officer destroying an item subject to this subchapter must provide the copy to the director within seven days.(d) Destruction standard operating procedure (SOP). A laboratory or law enforcement agency adopting a written destruction SOP under this subchapter must:(1) maintain the original copy of the SOP;(2) make the original available for announced or unannounced inspection by the director or a member of the department; and(3) provide the copy to the director under this section in the same manner as another destruction document.</content><note type="source"><p>Source Note: The provisions of this §13.164 adopted to be effective July 18, 2001, 26 TexReg 5266.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c13/scG/s13.165"><num value="13.165">§13.165</num><heading>Communication with Director (Crime Lab Service)</heading><content>If a person is required or allowed by this subchapter to make a notification, report, or other written, telephonic, or personal communication to the director, the person must make the communication to the director through the Crime Laboratory Service at the address indicated in §28.7 of this title (relating to Communications).</content><note type="source"><p>Source Note: The provisions of this §13.165 adopted to be effective July 18, 2001, 26 TexReg 5266; amended to be effective August 18, 2015, 40 TexReg 5159.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c14"><num value="14">CHAPTER 14</num><heading>SCHOOL BUS SAFETY STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c14/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c14/scA/s14.1"><num value="14.1">§14.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise:(1) Advertisement--Any communication brought to the attention of the public by paid announcement or in return for public recognition in connection with an event or offer or sale of a product or service, except for a single-line listing of a school district name and/or school or manufacturer logo approved by the department.(2) Department--The Texas Department of Public Safety.(3) Director--The director of the Texas Department of Public Safety or the designee of the director.(4) Enrollment certificate--A valid provisional certificate issued by a training agency under the authority of the director indicating a person has enrolled in the School Bus Driver Safety Training Program as described in §14.36 of this title (relating to Enrollment Certificates) and meets the requirements designated therein.(5) Medical advisory board--The Medical Advisory Board of the Texas Department of State Health Services.(6) Medical examiner--A person who is licensed, certified, and/or registered, in accordance with applicable State laws and regulations, to perform physical examinations. The term includes, but is not limited to, doctors of medicine, doctors of osteopathy, physician assistants, advanced practice nurses, and doctors of chiropractic.(7) Multifunction school activity bus--A motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture other than the standards requiring the bus to display alternately flashing red lights and to be equipped with movable stop arms, and that is used to transport preprimary, primary, or secondary students on a school-related activity trip other than on routes to and from school. The term does not include a school bus, a school activity bus, a school-chartered bus, or a bus operated by a mass transit authority.(8) School activity bus--A bus designed to accommodate more than 15 passengers, including the operator, that is owned, operated, rented, or leased by a school district, county school, open-enrollment charter school, regional education service center, or shared services arrangement and that is used to transport public school students on a school-related activity trip, other than on routes to and from school. The term does not include a chartered bus, a bus operated by a mass transit authority, a school bus, or a multifunction school activity bus.(9) School bus--A motor vehicle that was manufactured in compliance with the federal motor vehicle safety standards for school buses in effect on the date of manufacture and that is used to transport pre-primary, primary, or secondary students on a route to or from school or on a school-related activity trip other than on routes to and from school. The term does not include a school-chartered bus or a bus operated by a mass transit authority.(10) School bus driver--A driver transporting school children and/or school personnel on routes to and from school or on a school-related activity trip while operating a multifunction school activity bus, school activity bus, or school bus.(11) Training agency--The twenty Regional Education Service Centers of the Texas Education Agency approved by the department to teach the School Bus Driver Safety Training Program.(12) Training certificate--A document issued under the authority of the director to a person indicating successful completion of the School Bus Driver Safety Training Program approved by the department.</content><note type="source"><p>Source Note: The provisions of this §14.1 adopted to be effective March 18, 2009, 34 TexReg 1875.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c14/scB"><num value="B">SUBCHAPTER B</num><heading>SCHOOL BUS DRIVER QUALIFICATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c14/scB/s14.11"><num value="14.11">§14.11</num><heading>School Bus Driver Employment Qualifications</heading><content>At a minimum, to become employed and maintain employment status as a school bus driver, a person must meet the following requirements:(1) be at least 18 years of age;(2) possess a valid driver license designating a class appropriate (with applicable endorsement, if commercial driver license) for the gross vehicle weight rating and manufacturer's designed passenger capacity of vehicle to be operated;(3) meet the medical qualifications as specified in §14.12 of this title (relating to Medical Qualifications);(4) maintain an acceptable driving record in accordance with the minimum standards established under §14.14 of this title (relating to Minimum Driving Record Qualifications);(5) maintain an acceptable criminal history record, secured from any law enforcement agency or criminal justice agency, and reviewed in accordance with the provisions of current state statute (see Chapter 22 of the Texas Education Code); and(6) possess a valid Texas School Bus Driver Safety Training Certificate as specified in §14.35 of this title (relating to School Bus Driver Certification) or a valid Enrollment Certificate as specified in §14.36 of this title (relating to Enrollment Certificate).</content><note type="source"><p>Source Note: The provisions of this §14.11 adopted to be effective March 18, 2009, 34 TexReg 1876.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scB/s14.12"><num value="14.12">§14.12</num><heading>Medical Qualifications</heading><content>A person shall not drive a school bus, school activity bus, or multifunction school activity bus unless he/she is physically qualified to do so. Each school bus driver shall undergo and successfully complete an annual physical examination in accordance with the requirements of Title 49, Code of Federal Regulations, Parts 391.41 and 391.43, which list those physical and mental conditions for which the medical examiner is directed to disqualify an applicant. The results of the examination shall be noted on the Medical Examination Report Form for Commercial Driver Medical Certification as published by the United States Department of Transportation (DOT), Federal Motor Carrier Safety Administration in Title 49, Code of Federal Regulations, Part 391.43 according to the figure in this section. A driver shall not operate a school bus, school activity bus, or multifunction school activity bus unless he/she has in their possession the original, or a photographic copy, of a valid medical examiner's certificate stating that he/she is physically qualified to drive a school bus, school activity bus, or multifunction school activity bus. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §14.12 adopted to be effective March 18, 2009, 34 TexReg 1876; amended to be effective March 15, 2016, 41 TexReg 1860.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scB/s14.13"><num value="14.13">§14.13</num><heading>Request for Special Consideration</heading><content>(a) Except as provided in subsection (c) of this section, any person disqualified on the basis of the medical examination may request special consideration from the director, or designee, for a waiver of medical disqualification in accordance with the following procedure: (1) The form, Texas Medical Advisory Board Release Authorization for School Bus Drivers (see the figure in this paragraph), must be properly completed and signed by both the person applying for the waiver (applicant) and each examining physician that provides medical records and/or a medical opinion referring to the applicant, and must accompany each request for special consideration. Attached Graphic(2) In requesting special consideration, the applicant must submit in writing to the director or designee clear and convincing evidence supporting that his or her functions are not impaired to such an extent as to reduce the applicant's physical and mental capabilities to safely operate a school bus, school activity bus, or multifunction school activity bus; or endanger the safety and welfare of school children. The director or designee may require the applicant to submit additional supporting evidence or other related information. (3) The following documents must be delivered to the department for each waiver request: (A) A written request for Special Consideration; (B) Medical Examination Report for Commercial Driver Fitness Determination, as specified in §14.12 of this title (relating to Medical Qualifications); (C) Texas Medical Advisory Board Release Authorization; provide one copy for each physician that submits a medical opinion and/or medical records referring to the applicant; (D) Letter from the prospective employer; and (E) Letter(s) containing medical opinion(s) and/or medical records from any examining physicians that applicant requests the Medical Advisory Board to review. (4) The director or designee shall forward the Request for Special Consideration, along with all submitted supporting evidence/documentation submitted by the applicant, to the Medical Advisory Board for official review and recommendation/opinion. (5) Following receipt of the recommendation of the Medical Advisory Board, the director or designee shall review the findings and recommendation and may grant or deny the applicant's request for special consideration. In no event will the director or designee grant a request for special consideration in the absence of a report or statement from the Medical Advisory Board indicating approval. (6) The Department may impose appropriate restrictions on the license of the applicant as authorized in Texas Transportation Code, §521.221. (b) Eligibility verifications. Requests for Special Consideration will include a review for satisfactory compliance as described in §14.11, of this title (relating to School Bus Driver Employment Qualifications) and §14.14, of this title (relating to Minimum Driving Record Qualifications). A waiver shall not be granted if these standards are not also met. (c) In accordance with Texas Transportation Code, §521.022(g), the department will grant a medical waiver to an otherwise qualified person with a hearing disability allowing that person to serve as a school bus driver when transporting hearing-impaired students.</content><note type="source"><p>Source Note: The provisions of this §14.13 adopted to be effective March 18, 2009, 34 TexReg 1876.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scB/s14.14"><num value="14.14">§14.14</num><heading>Minimum Driving Record Qualifications</heading><content>(a) The standards, as detailed in this section, have been established by the department as minimum requirements to be met by each person seeking to become employed or to remain employed as a school bus driver to drive any motor vehicle while in use as a school bus for the transportation of students. (b) Pre-employment Inquiries. Each employer shall make investigations and inquiries, as detailed in this subsection, with respect to each school bus driver it employs: (1) An applicant for employment as a school bus driver must disclose to the employer any violations of motor vehicle laws or ordinances (other than violations involving only parking) of which the applicant was convicted or forfeited bond or collateral during the three years preceding the date the application is submitted; any serious traffic violations, as defined in Texas Transportation Code, §522.003(25), of which the applicant was convicted during the ten years preceding the date the application is submitted; and any suspension, revocation, or cancellation of any driving privilege that the applicant has ever received. (2) An inquiry into the school bus driver's complete driving record to the department and also to any other state(s) in which the school bus driver applicant held a motor vehicle operator's license or permit within the past seven years. If no previous driving record is found to exist, the employer must document their efforts to obtain such information, and certify that no previous driving record exists for that individual. The applicant's driving record shall be reviewed to determine whether that person meets minimum requirements as described in subsection (d) of this section. (c) Annual inquiry and review of driving record. (1) Each employer or designated person shall, at least once every twelve months, make an inquiry into the complete driving record of each school bus driver it employs to the department and also to any other state(s) in which the individual held a motor vehicle operator's license or permit during that time period. (2) Each employer shall, at least once every twelve months, review the driving record of each school bus driver it employs to determine whether that school bus driver meets minimum requirements as described in subsection (d) of this section. (d) School Bus Driver's Driving Record Evaluation. In determining a person's eligibility to drive a school bus, any person who has accumulated ten or more penalty points shall be considered ineligible to transport students until such time as he/she may become qualified. The standards detailed in the figure in this subsection shall apply in assessing penalty points for convictions of traffic law violations and crash involvements appearing on his/her current driving record: Attached Graphic(1) convictions for violations included in Table I shall be assessed one penalty point for each occurrence if the date of the violation is within three years of the date of the driving record evaluation; (2) crash involvements included in Table II shall be assessed two penalty points if the date of occurrence is within three years of the date of the driving record evaluation. Persons disqualified because of penalty points assessed for crash involvement shall be notified of their right to a review; (3) convictions for violations included in Table III shall be assessed three penalty points for each occurrence if the date of the violation is within three years of the date of the driving record evaluation; (4) convictions for violations included in Table IV shall be assessed ten penalty points for each occurrence if the date of the violation is within ten years of the date of the driving record evaluation; and (5) convictions for violations included in Table V shall be assessed ten penalty points for each occurrence if the date of the violation is within ten years of the date of the driving record evaluation. (e) The assessment of penalty points is not required for any entry which does not appear in the alphabetized table listings. However, any entry which is deemed comparable to one appearing in these tables shall be assessed an equivalent number of penalty points. (f) Appeal procedure for assessment of points due to crash involvement. Two points shall automatically be assessed for a crash involvement occurring within three years of the date of the driver record evaluation which appears on the driver history record. Applicants assessed two points for crash involvements appearing on their driving record may request a review by the person designated by the employer to determine if they were a cause of the crash(es). The applicant must identify the specific crash involvement(s) to be reviewed. Request a copy of the crash report(s) on the approved form. Mail the form to Crash Records, Texas Department of Transportation at the address listed on the form or obtain the crash report(s) from the Texas Department of Transportation's Crash Report Online Purchase System at http://www.txdot.gov/driver/laws/crash-reports.html. The designated person shall review information pertinent to the crash(es), which should include the Texas Peace Officer's Crash Report. In examining this report, consideration of such items as Charges Filed, Investigator's Narrative of What Happened, Diagram, and Factors/Conditions Contributing to the Crash should assist in making a determination as to whether or not the assessment of penalty points is appropriate. If the designated person reviews the crash report and any other pertinent information and determines that the applicant was not a cause of the crash(es), no penalty points shall be assessed. If the designated person determines that the applicant was a cause of the crash(es), two penalty points shall be assessed for each crash. The decision of the employer is final. (g) Disqualifications. A school bus driver who is disqualified shall not drive a school bus, school activity bus, or multifunction school activity bus. An employer shall not require or permit a driver who is disqualified to drive a school bus, school activity bus, or multifunction school activity bus. (1) A school bus driver is disqualified for the duration of the driver's loss of his/her privilege to operate a motor vehicle either temporarily or permanently, by reason of the revocation, suspension, withdrawal, or denial of an operator's license, permit, or privilege until that operator's license, permit, or privilege is restored by the authority that revoked, suspended, withdrew, or denied it. (2) A school bus driver who receives a notice that his/her license, permit, or privilege to operate a motor vehicle has been revoked, suspended, or withdrawn shall notify the employer that employs him/her of the contents of the notice before the end of the business day following the day the driver received it. (h) Mandatory Disqualifying Offenses. A person shall be considered disqualified from operating a school bus, school activity bus, or multifunction school activity bus for: (1) A conviction of the offenses detailed in this paragraph within the 10-year period preceding the date of the check of the person's driving record: (A) Texas Penal Code, §49.04; or (B) Texas Penal Code, §49.045; or (C) Texas Penal Code, §49.07; or (D) Texas Penal Code, §49.08. (2) A suspension, disqualification, or prohibition order issued as a result of any alcohol-related or drug-related enforcement contact, as defined in the Texas Transportation Code, §524.001, during the ten years preceding the date of the check of the person's driving record. (i) Credit for concurrent suspension arising from same drug or alcohol-related incident. If a criminal conviction occurs that arises out of the same arrest as the Administrative License Revocation suspension/disqualification, the disqualification period arising out of the same arrest shall not be longer than ten years.</content><note type="source"><p>Source Note: The provisions of this §14.14 adopted to be effective June 18, 2009, 34 TexReg 3982; amended to be effective March 15, 2016, 41 TexReg 1860.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c14/scC"><num value="C">SUBCHAPTER C</num><heading>SCHOOL BUS DRIVER SAFETY TRAINING PROGRAM</heading><section identifier="/us/state/tx/tac/t37/p1/c14/scC/s14.31"><num value="14.31">§14.31</num><heading>Applicability of School Bus Driver Safety Training Program</heading><content>(a) The School Bus Driver Safety Training Program is applicable to all school bus drivers.(b) This subchapter is not applicable to a mechanic or other occasional driver who only operates an empty school bus, school activity bus, or multifunction school activity bus.</content><note type="source"><p>Source Note: The provisions of this §14.31 adopted to be effective March 18, 2009, 34 TexReg 1876.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scC/s14.32"><num value="14.32">§14.32</num><heading>School Bus Driver Safety Training Program</heading><content>The school bus driver safety training program shall be provided in accordance with the following requirements:(1) the school bus driver safety training program shall be administered by the approved training agency;(2) the department shall have primary responsibility for program content, monitoring, and regulation; and for providing technical assistance to the training agency;(3) program standards for providing school bus driver safety training shall include the following:(A) the initial certification safety training course, Texas School Bus Driver Certification Course, shall consist of a minimum of twenty clock-hours of instruction;(B) the recertification safety training course, Texas School Bus Driver Recertification Course, shall consist of a minimum of eight clock-hours of instruction;(C) individual class sessions shall be limited in duration to a maximum of four hours of instruction on a workday and eight hours of instruction on a non-workday. Rest breaks of no more than ten minutes are permitted between each consecutive hour of instruction;(D) enrollment for individual classes shall be limited to a maximum of 35 trainees per certified instructor. A minimum of one certified instructor shall be in attendance during any class session;(E) when scheduling and registering for classes, priority shall be given to those persons holding an enrollment certificate;(F) reasonable accommodations may be requested for persons with certain disabilities who attend training classes and need auxiliary aids or services, such as an interpreter for the deaf or hearing impaired. Such requests should be directed to the appropriate training agency at least seven business days prior to the start of course instruction so that appropriate arrangements can be made;(G) each trainee shall be given the opportunity to complete a course evaluation report at the end of each session; and(H) any modifications to the program standards for the School Bus Driver Safety Training Program shall not be implemented by the training agency without prior approval of the department.</content><note type="source"><p>Source Note: The provisions of this §14.32 adopted to be effective March 18, 2009, 34 TexReg 1876; amended to be effective December 27, 2010, 35 TexReg 11708.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scC/s14.33"><num value="14.33">§14.33</num><heading>School Bus Driver Safety Training Program Curriculum</heading><content>(a) The curriculum for the school bus driver safety training program will be developed by the department and approved by the director, or designee.(b) The certification course shall include instruction in each of the four sessions comprising the current Texas School Bus Driver Certification Course as developed by Texas Transportation Institute (TTI) and approved by the department. At least four hours of each course shall be devoted to relevant and appropriate laboratory activities.(c) The recertification course shall include instruction in each of the eight modules comprising the current Texas School Bus Driver Certification Course as developed by Texas Transportation Institute (TTI) and approved by the department.(d) Any modifications to the School Bus Driver Safety Training Program curriculum shall not be implemented by the training agency without prior approval of the department.</content><note type="source"><p>Source Note: The provisions of this §14.33 adopted to be effective March 18, 2009, 34 TexReg 1876; amended to be effective December 27, 2010, 35 TexReg 11708.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scC/s14.34"><num value="14.34">§14.34</num><heading>Instructor Certification</heading><content>(a) To be eligible for instructor certification, an applicant must possess at least one of the following prerequisites: (1) a valid "Texas Teacher Certificate"; (2) a minimum of two years of administrative or supervisory experience in school transportation; or (3) a minimum of two years of work experience or study in driver training, traffic safety education, or a related field. (b) In addition to the prerequisite(s) in subsection (a) of this section, an applicant may qualify for instructor certification only after meeting all of the following requirements: (1) complete the certification course; (2) serve as a student instructor for a certification course while practice teaching under the direct supervision of a currently certified instructor; and (3) receive official approval from the sponsoring training agency. (c) Upon satisfactory completion of all requirements, the training agency shall issue a qualified applicant an "Instructor's Certificate for School Bus Driver Safety Training in Texas", and properly submit the necessary verification information electronically to the department no later than thirty calendar days after issuance. Attached Graphic(d) Except as approved by the department, each instructor must teach a minimum of one certification course and one recertification course each calendar year in order to maintain current instructor certification status.</content><note type="source"><p>Source Note: The provisions of this §14.34 adopted to be effective March 18, 2009, 34 TexReg 1876.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scC/s14.35"><num value="14.35">§14.35</num><heading>School Bus Driver Certification</heading><content>(a) To obtain full initial school bus driver certification, a person must satisfactorily complete the certification course. The training agency shall issue a "Texas School Bus Driver Safety Training Certificate," and submit the necessary verification information electronically to the department within thirty days of course completion. Attached Graphic(b) Driver certification will remain valid for a period of three years as indicated by the expiration date on the certificate. (c) Every school bus driver must hold a valid certificate stating that they have completed, or are enrolled in, the approved school bus driver safety training course. (d) Any school bus driver whose certification has expired shall not operate a school bus, school activity bus, or multifunction school activity bus until such time as they become recertified or obtain an enrollment certificate. The following rules shall apply to certification renewals: (1) To avoid a lapse in certification, the recertification course must be completed prior to expiration. The recertification course shall be completed during the 180 day period immediately preceding certification expiration. If the required training is completed within this preferred time interval, certification will then be renewed for a period of three years from the upcoming expiration date indicated on the current certificate. (2) If the recertification course is completed more than 180 days prior to certification expiration, certification will then be renewed for a period of three years from the actual date of course completion. (3) During the 12-month interval immediately following certification expiration, the recertification course may be completed for certification renewal. Certification will then be renewed for a period of three years from the actual date of course completion. Failure to satisfactorily complete the recertification course during this time frame will require completion of the initial certification course to reinstate certification status. During this time period, a person shall not drive a school bus, school activity bus, or multifunction school activity bus unless he/she has received an enrollment certificate. Issuance of an enrollment certificate during this dormant time interval will require the successful completion of the certification course in order to reinstate full certification status. (e) Regardless of the reason, any course instruction missed must be completed by arrangement with the training agency. Except as approved by the training agency, all course requirements for certification must be completed within the 180-day period immediately following the start of instruction, otherwise no credit will be given for any class sessions previously attended. The entire course must be completed prior to awarding certification.</content><note type="source"><p>Source Note: The provisions of this §14.35 adopted to be effective March 18, 2009, 34 TexReg 1876.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scC/s14.36"><num value="14.36">§14.36</num><heading>Enrollment Certificate</heading><content>(a) A training agency may grant a qualified applicant temporary and provisional certification status in the form of an "Enrollment Certificate" upon receipt of a completed application from the requesting employer stating that this person has fulfilled all of the following eligibility requirements:(1) at least 18 years of age;(2) possess a valid driver's license designating a class appropriate (with applicable endorsements, if commercial driver license) for the gross vehicle weight rating and manufacturer's designed passenger capacity of motor vehicle to be operated;(3) an acceptable driving record determined in accordance with §14.14 of this title (relating to Minimum Driving Record Qualifications);(4) an acceptable criminal history record, secured from any law enforcement agency or criminal justice agency, and reviewed in accordance with the provisions of current state statute (see Chapter 22 of the Texas Education Code);(5) meets the medical qualifications as specified in §14.12 of this title (relating to Medical Qualifications) and any pre-employment testing in accordance with current federal law; and(6) each employer must ensure that all school bus drivers have an acceptable level of knowledge and skill regarding the safe operation of school buses, school activity buses, and/or multifunction school activity buses. It is the employer's inherent responsibility to ensure that the driver understands the contents of the current Texas School Bus Driver Certification Course.Attached Graphic(b) In addition to the prerequisites listed in subsection (a) of this section, the following rules shall apply to the issuance of all enrollment certificates:(1) recipients must register for the first available twenty-hour certification course as determined by the training agency. Except as approved by the training agency, failure to satisfactorily complete the school bus driver certification course as scheduled shall result in revocation of the enrollment certificate;(2) enrollment certificates shall be dated to expire no later than 180 days past the date issued. Except as approved by the training agency, a minimum of five years must elapse between the issuance of consecutive enrollment certificates;(3) an enrollment certificate shall be similar to the standard school bus driver safety training certificate and contain the words, "Enrollment Certificate" either stamped or printed diagonally across the face of the training certificate; and(4) the training agency shall submit to the department the necessary verification information electronically for all enrollment certifications within thirty days of issuance.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §14.36 adopted to be effective March 18, 2009, 34 TexReg 1876; amended to be effective December 27, 2010, 35 TexReg 11708.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c14/scD"><num value="D">SUBCHAPTER D</num><heading>SCHOOL BUS SAFETY STANDARDS</heading><section identifier="/us/state/tx/tac/t37/p1/c14/scD/s14.51"><num value="14.51">§14.51</num><heading>Applicability</heading><content>(a) This subchapter is applicable to all school districts and county transportation systems that own, operate, rent, contract or lease school buses and those commercial transportation companies which contract with a public school or county transportation system to transport public school students in school buses.(b) In this subchapter, the term "school district" also means an open enrollment charter school authorized by the Texas Education Code, Chapter 12, Subchapters D and E that is providing transportation according to Texas Education Code, §34.003.</content><note type="source"><p>Source Note: The provisions of this §14.51 adopted to be effective March 18, 2009, 34 TexReg 1879; amended to be effective October 29, 2025, 50 TexReg 7019.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scD/s14.52"><num value="14.52">§14.52</num><heading>Texas School Bus Specifications</heading><content>(a) All school districts must purchase or use school buses from school bus chassis and body manufacturers that certify to the department, in the form of a letter, that all school buses offered for sale to or in use by school districts in Texas meet or exceed all standards, specifications, and requirements as specified in the department's publication Texas School Bus Specifications. The department hereby adopts the Texas School Bus Specifications for 2025 Model School Buses. Previously published Texas School Bus Specifications remain in effect for earlier model year school buses until the department repeals these publications.Attached Graphic(b) All school districts must purchase or use multifunction school activity buses from school bus chassis and body manufacturers that certify to the department, in the form of a letter, that all multifunction school activity buses offered for sale to or in use by school districts in Texas meet or exceed all federal standards, specifications, and requirements of a multifunction school activity bus as specified in the Title 49, Code of Federal Regulations, Part 571.(1) A multifunction school activity bus may be painted any color except National School Bus Glossy Yellow.(2) A multifunction school activity bus cannot be used for home to school or school to home transportation. Before delivery of a multifunction school activity bus, the manufacturer must place a label in the direct line of site of the driver while seated in the driver's seat stating: 'This vehicle is not to be used for home to school or school to home transportation.'(c) Any new school bus found out of compliance with the specifications that were in effect in Texas on the date the vehicle was manufactured will be placed out of service by the vehicle's owner until it is brought into compliance with the applicable specifications.</content><note type="source"><p>Source Note: The provisions of this §14.52 adopted to be effective March 18, 2009, 34 TexReg 1879; amended to be effective August 13, 2009, 34 TexReg 5410; amended to be effective January 6, 2010, 35 TexReg 108; amended to be effective December 27, 2010, 35 TexReg 11709; amended to be effective March 13, 2013, 38 TexReg 1696; amended to be effective March 15, 2016, 41 TexReg 1861; amended to be effective July 30, 2018, 43 TexReg 4992; amended to be effective October 29, 2025, 50 TexReg 7019.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scD/s14.53"><num value="14.53">§14.53</num><heading>Purchases of Used School Buses</heading><content>(a) Used school buses purchased or operated by a school district in Texas shall meet or exceed all Federal and State requirements for public school buses that were in effect in Texas on the date the vehicle was manufactured. Prior to the sale, the dealer selling the used school bus must provide the buyer (school district) with:(1) Documentation of the dealer's general distinguishing number required by Texas Transportation Code, §503.029.(2) Documentation of the original manufacturing state of the school bus.(3) A copy of the original manufacturing specifications for the school bus.(4) Documentation of all modifications made to each school bus to bring it into compliance with Texas School Bus Specifications in effect on the original date of manufacture.(b) School districts or contractors must notify the department in writing within 30 days of purchasing any used school bus. The notification must include:(1) The date of purchase and delivery.(2) The name of the dealer and the dealer's general distinguishing number for the seller of the used school bus.(3) Who manufactured the school bus, date of manufacture, and to which states' specifications the school bus was manufactured. (c) Used school buses purchased by school districts that were not originally manufactured to Texas specifications at the time the school bus was manufactured may be inspected by the department to verify compliance with the applicable federal and state specifications. (d) Any used school bus, as described in subsection (a) of this section, found out of compliance with the specifications that were in effect in Texas on the date the vehicle was manufactured will be placed out of service by the vehicle's owner until it is brought into compliance with the applicable specifications.</content><note type="source"><p>Source Note: The provisions of this §14.53 adopted to be effective March 18, 2009, 34 TexReg 1879; amended to be effective October 29, 2025, 50 TexReg 7019.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scD/s14.54"><num value="14.54">§14.54</num><heading>School Bus Emergency Evacuation Training</heading><content>(a) School districts and charter schools are responsible for developing the school bus emergency evacuation training curriculum based on the most recent edition of the National School Transportation Specifications and Procedures, as adopted by the National Congress on School Transportation, or a similar school transportation safety manual.(b) For purposes of conducting school bus emergency evacuation training, the term "fall" is defined as July 1 to December 31.(c) School districts and charter schools are encouraged to make a good faith effort to ensure that all students, teachers, and appropriate staff receive the school bus emergency evacuation training at least once each school year.(d) Reporting Requirements.(1) A record of each school bus emergency evacuation training session conducted must be submitted on form SBT-7 titled "Reporting of School Bus Evacuation Training" available at: https://www.dps.texas.gov/internetforms/home/index. The form must be filled out completely and submitted via mail to School Bus Transportation, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0525 or electronically to sbt@dps.texas.gov.(2) Reports must be submitted within 30 days following the completion of each training session.</content><note type="source"><p>Source Note: The provisions of this §14.54 adopted to be effective March 18, 2009, 34 TexReg 1879; amended to be effective December 27, 2010, 35 TexReg 11709; amended to be effective October 29, 2025, 50 TexReg 7019.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c14/scE"><num value="E">SUBCHAPTER E</num><heading>ADVERTISING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c14/scE/s14.61"><num value="14.61">§14.61</num><heading>Applicability</heading><content>This subchapter is applicable to all school buses used to transport preprimary, primary, and secondary public school students.</content><note type="source"><p>Source Note: The provisions of this §14.61 adopted to be effective March 18, 2009, 34 TexReg 1880.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scE/s14.62"><num value="14.62">§14.62</num><heading>Material and Attachment</heading><content>(a) Advertisements must be of a durable material or paint.(b) If the advertisement is removed or substantially damaged to the point that it is no longer in a serviceable condition, the bus shall be returned to its original color or the advertisement shall be replaced.(c) The advertisement shall not extend from the body intentionally or due to damage so as to allow a handhold or present a danger to pedestrians.(d) No brackets or hardware shall be applied to the exterior of a bus to hold advertisements.</content><note type="source"><p>Source Note: The provisions of this §14.62 adopted to be effective March 18, 2009, 34 TexReg 1880.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scE/s14.63"><num value="14.63">§14.63</num><heading>Location</heading><content>(a) The location of an advertisement(s) on the exterior of a bus shall be limited to:(1) the left rear quarter-panel of the bus, beginning at least three inches behind the rear wheel and not closer than four inches from the lower edge of the window line; and(2) above the windows on the right and left sides of the bus, near the rear of the vehicle, not to extend forward of the rear axle.(b) Advertisement(s) shall be at least three inches from any required lettering, lamp, wheel well, reflector, or emergency exit location.(c) Advertisement(s) shall not be placed on or interfere with the operation of any door, window, lamp, reflector, or other device.(d) Any reflective tape between the floorline and beltline of the bus which is covered by an advertisement should be replaced above or below the advertisement.</content><note type="source"><p>Source Note: The provisions of this §14.63 adopted to be effective March 18, 2009, 34 TexReg 1880.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scE/s14.64"><num value="14.64">§14.64</num><heading>Permitted Space</heading><content>(a) The maximum covered area allowed for advertising on the left rear quarter panel of a bus shall be contained within a block 30 inches in height and 90 inches in length.(b) The maximum covered area allowed for advertising above the windows on the left and right sides of the bus shall be contained within a block 18 inches in height and 108 inches in length, per side.</content><note type="source"><p>Source Note: The provisions of this §14.64 adopted to be effective March 18, 2009, 34 TexReg 1880.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c14/scE/s14.65"><num value="14.65">§14.65</num><heading>Reporting</heading><content>(a) It shall be the responsibility of the school district to provide the School Bus Transportation Program at the department written notification of:(1) the number of buses displaying exterior advertising or another paid announcement operated by or for the school district; and(2) any crash directly or indirectly involving a bus operated by or for the school district which bears advertising or another paid announcement on the exterior of the vehicle.(A) A bus directly involved in a crash is a motor vehicle crash in which a bus, with or without a pupil on board, is involved as a contact vehicle.(B) A bus indirectly involved in a crash is a motor vehicle crash in which a bus, with or without a pupil on board, is involved as a non-contact vehicle. Some examples of a school bus as a non-contact vehicle indirectly involved in a crash include:(i) a crash involving a motor vehicle passing a school bus which is stopped with its red lights flashing; or(ii) a crash in which a child approaching or leaving a school bus, stopped with its red lights flashing, is struck; or(iii) a crash involving a motor vehicle lawfully stopped for a school bus which is stopped with its red lights flashing.(b) Notice shall be received by the department on or before September 1 of each year reporting the number of buses bearing advertising or another paid announcement on the exterior of the vehicle. Only school districts involved in an advertising program are required to report.(c) Notice shall be received by the department not more than five days from the date of the crash. Notice shall include the following:(1) the name and address of the owner of the bus;(2) the name and driver license number of the school bus driver;(3) the date of the crash;(4) the city or county where the crash occurred; and(5) the investigating police agency.(d) Notice shall be delivered by one of the following methods:(1) facsimile at (512) 424-2238;(2) electronic mail at sbt@txdps.state.tx.us; or(3) mailed to School Bus Transportation, Texas Department of Public Safety, P.O. Box 4087, Austin, Texas 78773-0525.</content><note type="source"><p>Source Note: The provisions of this §14.65 adopted to be effective March 18, 2009, 34 TexReg 1880.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c15"><num value="15">CHAPTER 15</num><heading>DRIVER LICENSE RULES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scA"><num value="A">SUBCHAPTER A</num><heading>LICENSING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scA/s15.1"><num value="15.1">§15.1</num><heading>Who Must Be Licensed</heading><content>All persons, except those expressly exempt by law, who live in Texas and operate a motor vehicle upon a public street or highway must have a valid driver license.(1) Any person holding a valid driver license need not obtain any other state permit for the operation of a motor vehicle on the highway. Some cities, however, issue special city taxi driver permits by ordinance or state law.(2) For driver licensing and personal identification certificate policy purposes, a resident is defined as a person who actually and physically lives in the State of Texas.(3) All other persons who do not come within the scope of the preceding definition of a resident will be classified as nonresidents.</content><note type="source"><p>Source Note: The provisions of this §15.1 adopted to be effective January 1, 1976; amended to be effective January 29, 1985, 10 TexReg 172; amended to be effective November 27, 1990, 15 TexReg 6501; amended to be effective December 25, 2003, 28 TexReg 11342; amended to be effective September 23, 2008, 33 TexReg 8032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scA/s15.5"><num value="15.5">§15.5</num><heading>Learner License</heading><content>A learner license is a regular photo-type license issued to an applicant.(1) A Class C learner license is restricted to "accompanied by licensed driver age 21 or over in front seat".(2) A Class M learner license is restricted to "licensed motorcycle operator age 21 or over in sight".</content><note type="source"><p>Source Note: The provisions of this §15.5 adopted to be effective January 1, 1976; amended to be effective November 27, 1990, 15 TexReg 6501; amended to be effective December 25, 2003, 28 TexReg 11342; amended to be effective December 13, 2009, 34 TexReg 8783; amended to be effective May 6, 2014, 39 TexReg 3598.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scA/s15.6"><num value="15.6">§15.6</num><heading>Motorcycle License</heading><content>A driver who qualifies to operate a motorcycle will be issued a Class M license. When a driver is also qualified to operate a motor vehicle with a Class A, B, or C license, one license with any applicable restrictions will be issued. Parent or guardian authorization is required for applicants younger than 18 years of age.(1) Class M license.(A) The minimum age is 16 years with completion of the classroom phase of driver education and a Texas Department of Licensing and Regulation (TDLR) approved motorcycle operator training course.(B) This authorizes operation of all motorcycles and three-wheeled motorcycles.(2) Restricted Class M license.(A) The minimum age is 16 years with completion of the classroom phase of driver education and a TDLR approved motorcycle operator training course specific to the operation of a three-wheeled motorcycle.(B) The minimum age is 15 years with completion of the classroom phase of driver education and a TDLR approved motorcycle operator training course specific to 250 cubic centimeter piston displacement or less.(3) A Motorcycle Operator Training Program Certificate of Completion (Form MSB-8) or a completion card from a state or military motorcycle safety training program showing that the applicant has completed a course in basic motorcycle safety instruction that meets or exceeds the Motorcycle Safety Foundation curriculum standards will be used as proof of successful completion of a TDLR approved motorcycle operator training course.</content><note type="source"><p>Source Note: The provisions of this §15.6 adopted to be effective January 1, 1976; amended to be effective August 31, 1981, 6 TexReg 3011; amended to be effective November 27, 1990, 15 TexReg 6501; amended to be effective March 15, 1991, 16 TexReg 1370; amended to be effective August 11, 1995, 20 TexReg 5616; amended to be effective May 10, 2000, 25 TexReg 4190; amended to be effective December 25, 2003, 28 TexReg 11342; amended to be effective January 12, 2015, 40 TexReg 248; amended to be effective March 5, 2020, 45 TexReg 1442; amended to be effective September 3, 2020, 45 TexReg 6125.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scA/s15.7"><num value="15.7">§15.7</num><heading>Occupational License (Essential Need)</heading><content>(a) An occupational license is a restricted driver license that permits the operation of a non-commercial motor vehicle when a license has been suspended or revoked. An occupational license cannot be issued if the applicant is revoked for medical reasons or suspended for failure to pay child support.(b) If there are eligibility issues that would prevent the issuance of a driver license other than the suspension or revocation of the privilege to operate a motor vehicle, those issues must be rectified before the department can issue an occupational license. For example, if an applicant has never held a driver license or the applicant's driver license has been expired for more than two years, the applicant must take and pass all examinations prior to the issuance of an occupational license.(c) In order for the department to issue an occupational license, the applicant must submit the items detailed in this section to the department's headquarters in Austin:(1) a certified copy of the petition and a certified copy of the court order granting the occupational license issued by a justice, county or district court;(2) an SR-22 (certificate of insurance);(3) payment of all required reinstatement fees; and(4) payment of the appropriate issuance fee.(d) The fee is $10 for one year or less. If the suspension or revocation is more than one year and permitted by the court order, the applicant may apply for a two year occupational license and submit an additional $10 fee for the second year.(e) The department will notify the license holder if the occupational license has been revoked by the court that issued the order for the occupational license. Any application for a subsequent occupational license will require the submission of a new petition and court order.</content><note type="source"><p>Source Note: The provisions of this §15.7 adopted to be effective January 5, 2017, 10660.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scB"><num value="B">SUBCHAPTER B</num><heading>APPLICATION REQUIREMENTS--ORIGINAL, RENEWAL, DUPLICATE, IDENTIFICATION CERTIFICATES</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.21"><num value="15.21">§15.21</num><heading>Signature</heading><content>The applicant's usual signature is required on all applications for a driver license or identification certificate.(1) The usual signature is preferred. If a man's name is John Henry Jones and his usual signature is J.H. Jones, he should so sign it. This section also applies to women. The usual signature is asked for simply because it will not disturb the applicant so much as it would to require the full name.(2) The signature on the application must be in ink. The license or certificate must include a facsimile of the license holder's signature or a space on which the holder shall write the holder's usual signature in ink immediately on receipt of the license or certificate.(3) The primary purpose of the signature is to identify the applicant and verify the information given on the application.(4) If an applicant cannot write his name, he may make his "mark." This is usually a cross in the place of his signature followed by the applicant's printed name. The Driver License field employee shall sign under the applicant's "mark" showing who printed the applicant's name.</content><note type="source"><p>Source Note: The provisions of this §15.21 adopted to be effective January 1, 1976; amended to be effective August 23, 2000, 25 TexReg 8049; amended to be effective December 25, 2003, 28 TexReg 11342; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.22"><num value="15.22">§15.22</num><heading>Notarizations</heading><content>Original driver license applications must be verified by the applicant before a person authorized to administer oaths. Such oaths or affirmations may be administered by the following officials:(1) within the State of Texas:(A) a judge, clerk, or commissioner of any court of record;(B) a notary public;(C) a justice of the peace;(D) authorized employees of the Department of Public Safety;(2) from outside the State of Texas but within the physical limits of the United States and its territories:(A) a clerk of any court of record having a seal;(B) a commissioner of deeds duly appointed under the laws of the state;(C) a notary public;(3) from outside the physical limits of the United States and its territories:(A) a minister, a commissioner, or charge d'affaires of the United States, resident and accredited to the country where the oath, affidavit or affirmation is made;(B) a consul-general, consul, vice-consul, commercial agent, vice-commercial agent, deputy consul, or consular agent of the United States, resident in the country where the oath, affidavit, or affirmation is made;(C) a notary public;(4) within the armed forces of the United States:(A) commissioned officers may acknowledge the oath, affidavit, or affirmation of any member of such forces at any place. They may also make such acknowledgments for the husband or wife and their minor dependents, of any member of the armed forces;(B) a seal may be used but is not required for military notarizations;(5) general:(A) in the absence of evidence to the contrary, it is presumed that all notarizations are legally made;(B) the omission of the seal by officers normally required to use same for notarization invalidates the oath;(C) notarized driver license applications must be dated not more than six months prior to date of application.</content><note type="source"><p>Source Note: The provisions of this §15.22 adopted to be effective January 1, 1976; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.23"><num value="15.23">§15.23</num><heading>Names</heading><content>The applicant's full name is required on all applications for a driver license or identification certificate. No name will be used that has not been documented. This section is applicable to male and female applicants.(1) An applicant may choose to use any birth surname, adopt the surname of his or her spouse, adopt the surname of a previous spouse, or adopt a hyphenated version of his or her surname and a spouse's surname. If a married applicant elects not to adopt a spouse's surname, the name will be listed as if unmarried on the application. If an applicant elects to adopt a spouse's surname, the application should list married name, first name, and middle name, or the applicant's birth surname may be used in lieu of middle name at the option of the applicant. An applicant with multiple surnames may choose the surname that is used. An applicant with a hyphenated surname may choose to use only one of the names as a surname. The first name of the applicant must be used as the first name on the application and on the transaction card, even if the applicant normally uses a middle name as the given name. Middle names will not be substituted for first names.(A) When a change of name occurs as a result of marriage, divorce, annulment, or by the death of a spouse, the licensee may choose to keep the married name, revert to the birth surname, or adopt a previous spouse's surname. If the name is changed for reasons other than those set out in this subparagraph, a court order from a court of record verifying such change is required and the name shown on the order is acceptable.(B) Persons who are currently licensed and request that they be allowed to change their name may apply for a duplicate and exercise the same privilege in name selection as an original applicant.(2) Foreign language names will be spelled as they appear on the identification documents presented. For example, Perez, Juan must be used on the license or certificate. The English version (Perez, John) will not be substituted for the actual name.(3) Ecclesiastical names such as Brother Thomas, Sister Mary, or Father Kelly are not used.</content><note type="source"><p>Source Note: The provisions of this §15.23 adopted to be effective January 1, 1976; amended to be effective December 1, 1986, 11 TexReg 4714; amended to be effective October 24, 1996, 21 TexReg 10217; amended to be effective February 24, 1999, 24 TexReg 1192; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective January 12, 2015, 40 TexReg 249.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.24"><num value="15.24">§15.24</num><heading>Identification of Applicants</heading><content>All original applicants for a driver license or identification certificate must present proof of identity satisfactory to the department. All documents must be verifiable. There are three categories of documents that may be presented to establish proof of identity.(1) Primary identification. These items are complete within themselves and require no supporting instruments: These documents must contain the applicant's complete name and full date of birth:(A) Texas driver license (DL) or identification certificate (ID) with photo within two years of expiration date;(B) unexpired United States passport;(C) United States citizenship (naturalization) certificate with identifiable photo;(D) unexpired document issued by the United States Citizenship and Immigration Services or successor federal immigration agency. The document must contain verifiable data and identifiable photo; or(E) unexpired United States military ID card for active duty, reserve or retired personnel with identifiable photo.(F) foreign passport with a visa issued by the United States Department of State (valid or expired) with unexpired I-94 marked valid for a fixed duration. If the applicant was not required by federal law to obtain a visa to enter the United States, the visa requirement under this subparagraph may be waived.(G) foreign passport with a visa issued by the United States Department of State (valid or expired) with an I-94 marked valid for the duration of stay accompanied by appropriate documentation. If the applicant was not required by federal law to obtain a visa to enter the United States, the visa requirement under this subparagraph may be waived.(2) Secondary identification. These items are recorded governmental documents (United States, 1 of the 50 states, a United States territory, District of Columbia or Canadian province):(A) original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency;(B) original or certified copy of United States Department of State Certification of Birth (issued to United States citizens born abroad); or(C) original or certified copy of court order with name and date of birth (DOB) indicating an official change of name and/or gender.(3) Supporting identification. These items consist of other records or documents that aid examining personnel in establishing the identity of the applicant. The following items are not all inclusive. The examining or supervisory personnel may determine that an unlisted document meets the department's needs in establishing identity.(A) school records;(B) insurance policy (at least two years old);(C) vehicle title;(D) military records;(E) unexpired military dependant identification card;(F) original or certified copy of marriage license or divorce decree;(G) voter registration card;(H) Social Security card;(I) pilot's license;(J) concealed handgun license;(K) Texas driver's license temporary receipt;(L) unexpired photo DL or photo ID issued by another (United States) state, US territory, the District of Columbia or Canadian province;(M) expired photo DL or photo ID issued by another (United States) state, US territory, the District of Columbia or Canadian province that is within two years of the expiration date;(N) a consular document issued by a state or national government; or(O) an offender identification card or similar form of identification issued by the Texas Department of Criminal Justice.(4) Every original applicant must present:(A) one piece of primary identification, or(B) one piece of secondary identification plus two pieces of support identification; or,(C) two pieces of secondary identification.</content><note type="source"><p>Source Note: The provisions of this §15.24 adopted to be effective February 24, 1999, 24 TexReg 1192; amended to be effective September 21, 2000, 25 TexReg 9641; amended to be effective August 20, 2002, 27 TexReg 7539; amended to be effective March 26, 2006, 31 TexReg 2188; amended to be effective September 19, 2006, 31 TexReg 8007; amended to be effective May 20, 2008, 33 TexReg 4008; amended to be effective December 13, 2011, 36 TexReg 8383.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.25"><num value="15.25">§15.25</num><heading>Address</heading><content>The address requirement for a driver license and identification certificate is:(1) The applicant's Texas residence address must be given. A business address is not acceptable. Applicants may be required by the department to provide proof satisfactory to the department to establish the Texas residence address provided. All documents must be verifiable.(2) The complete street address including apartment numbers and such terms as street, circle, drive, or court should be used whenever possible. The city, state, zip code, and type of residence must be shown as part of the address on all applications for driver licenses and identification certificates. The zip code may be a five or nine digit number until such time as the nine digit number is required by the department or postal authorities. In rural areas, route number and box number should be given.(3) The application form also provides space for a mailing address. If there is no mail delivery at the address shown, then a post office box number or other mailing address must be shown in conjunction with the Texas residence address provided. If an applicant has a mailing address in addition to the Texas residence address, which may include post office boxes or other mailing locations, it may be provided in this space.(4) A general delivery address must not be used except in very small communities when no street or route addresses are available.(5) A post office box number is not acceptable if a better address can be obtained. The post office box number may only be listed in addition to a Texas residence address.(6) Military personnel and the spouse or dependent of a member of the armed forces should give a complete address such as: John Henry Smith, Co. B, 25th Inf., Camp Barkeley, Abilene, Texas. If a member of the armed forces or the spouse or dependent of a member of the armed forces has a residence address in Texas, it should be provided and used. A member of the armed forces and the spouse or dependent of a member of the armed forces may provide a residence address outside of Texas.(7) The department has incorporated an address validation program that presents addresses using United States Postal Service (USPS) standards.(A) Standardized addresses will be displayed on licenses and identification certificates and used for mailing purposes.(B) Addresses that do not conform to USPS standards or do not validate may be used if the customer can verify that he/she receives mail at that address.(8) The department shall conduct an audit of driver license and identification certificate address information provided by driver license customers. This audit shall:(A) validate that the addresses being reviewed are residential addresses; and/or(B) determine if the same address has been provided by ten (10) or more driver license or identification certificate holders.(9) The department may require each driver license or identification certificate holder whose address of record is being audited to present documentation required by §15.49 of this title (relating to Proof of Domicile) and §16.7 of this title (relating to Proof of Domicile) to demonstrate the holder resides at the address of record. An acceptable list of documentation may be found in §15.49 and §16.7.(10) The department shall cancel any driver license or identification certificate issued to a person who does not prove that he/she resides at the address on record.(11) An alternate address may be used on a driver license per Texas Transportation Code, §521.121 and §521.1211. An applicant who is eligible to use an alternate address must apply in person for an original, renewal, or duplicate driver license and surrender any other driver license issued to the applicant by the department or another state. No online transactions will be allowed for issuance of duplicate or renewed licenses issued under this paragraph.(A) A peace officer or special investigator, as defined in the Code of Criminal Procedure, Article 2.12 and Article 2.122 respectively, may use the address of the county courthouse in their county of residence or their business address as the alternate address on their driver license.(i) Peace officers must present a license issued by the Texas Commission on Law Enforcement (TCOLE) and a Peace Officer Identification Card and Badge issued by the officer's employing agency to establish eligibility.(ii) Special investigators must present a federal ID and badge issued by the officer's employing agency.(B) A county attorney, district attorney, criminal district attorney, assistant county attorney, assistant district attorney, or assistant criminal district attorney may use their business address as the alternate address on their driver license. These applicants must present either their oath of office documentation or a letter from the elected prosecutor for their office affirming employment.(C) A federal or state judge, as defined by Texas Election Code, §1.005, a United States Marshall, or a United States Attorney may use the address of the courthouse or office building where they work as the alternate address on their driver license.(i) A federal judge must present an official identification card issued by the Administrative Office of the United States courts.(ii) A state judge must present an official identification card issued by the office of the Texas Secretary of State.(iii) A municipal court judge or justices of the peace must present their business card along with additional documentation identifying the judge issued by a state agency affiliated with the judiciary, including the Office of Court Administration, Office of the Attorney General, Secretary of State, and Texas courts.(iv) A U.S. Marshal must present a federal identification card or badge issued by the officer's employing agency or a letter with required information if a federal ID card cannot be copied or scanned.(v) A U.S. Attorney or an assistant U.S. attorney must present a letter from the elected prosecutor for their office affirming employment or an Oath of Office documentation.(D) A spouse or a child of a federal judge, state judge, U.S. Marshall, or U.S. Attorney, who reside at the same residence, may also use the address of the courthouse or office building where the eligible official works as the alternate address on their driver license.(E) An applicant who is eligible to use an alternate address must provide the actual current residence address for department records and mailing purposes.(F) A person who has been issued a driver license with an alternate address must apply to the department for issuance of a duplicate driver license that displays the person's actual current residence address not later than 30 days after the license holder ceases to be eligible to use an alternate address.(G) A person who has been issued a driver license or identification card with an alternate address must notify the department of the change and obtain a duplicate driver license not later than 30 days after a name change and/or residence address change.(H) An applicant who is eligible to use an alternate address must pay the required fee for changes to the driver license.(12) All documents submitted by the applicant must be acceptable to the department. The department has the discretion to reject or require additional evidence for alternate address eligibility.</content><note type="source"><p>Source Note: The provisions of this §15.25 adopted to be effective January 1, 1976; amended to be effective July 24, 1992, 17 TexReg 4960; amended to be effective October 24, 1996, 21 TexReg 10217; amended to be effective February 15, 2000, 25 TexReg 1125; amended to be effective September 19, 2006, 31 TexReg 8007; amended to be effective May 20, 2008, 33 TexReg 4008; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective September 18, 2011, 36 TexReg 5943; amended to be effective April 12, 2012, 37 TexReg 2429; amended to be effective March 5, 2015, 40 TexReg 938; amended to be effective March 15, 2017, 42 TexReg 1150; amended to be effective January 3, 2019, 43 TexReg 8630; amended to be effective March 3, 2022, 47 TexReg 952.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.26"><num value="15.26">§15.26</num><heading>Description</heading><content>An application for a driver license and identification certificate must contain the following items of the applicant's description:(1) race;(2) color of eyes;(3) height;(4) sex;(5) color of hair;(6) weight.</content><note type="source"><p>Source Note: The provisions of this §15.26 adopted to be effective January 1, 1976; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.27"><num value="15.27">§15.27</num><heading>Issuance Requirements for Minor Driver License Applicants</heading><content>(a) An applicant who is at least 15 but younger than 18 years of age must enroll in an approved commercial, public, or parent taught driver education program prior to applying for a driver license. The applicant must be at least 14 years of age to begin driver education. The department will not approve a driver license application if any coursework is taught prior to the applicant's 14th birthday.(b) Upon completion of the required hours of classroom driver education, the applicant must visit a driver license office and complete the requirements to obtain a learner license. To qualify for a learner license, the applicant must be at least 15 years of age and have completed the first six hours of classroom instruction if enrolled in the concurrent method or 32 hours if enrolled in the block method. A learner license is required before any behind the wheel phase of instruction may begin.(c) An applicant must hold a learner or hardship license for a minimum of six months and be at least 16 but younger than 18 years of age to apply for a provisional driver license.(d) The driver license application of a minor must be signed by the person having custody of the minor. If the minor is not in the custody of the minor's parent(s), the guardian or agent under a power of attorney for the parent should sign. If not in the custody of any of the foregoing, the minor's employer or the county judge of the county in which the minor resides or the Department of Family and Protective Services custodian may sign.(e) Any examinations or issuance requirements not completed by a driver education provider or authorized entity will be administered at the driver license office.(f) If the minor applies to operate a vehicle not authorized under the original application, a separate, new notarized authorization from the custodian is required.(g) Adult authorization is not required for an applicant younger than 18 years of age who is or has been married or whose disabilities of minority have been removed generally, by law. Instead, they must:(1) Present a marriage certificate or divorce decree (not an annulment decree) or other satisfactory evidence of marriage or having been married;(2) Present a court order showing removal of disabilities of minority; or(3) Obtain a notarized parental authorization as though the minor was not or had not been married.(h) Marriage or removal of disabilities of minority affect only requirements pertaining to parental authorization. All other requirements, including minimum ages for licensing, must be met.(i) A request to withdraw or restore an authorization for a minor driver license must be submitted to the department in writing.(j) The driver education certificate must contain applicable items for certification of classroom and laboratory training.(k) Driver education certificates issued by a jurisdiction or agency other than one of the 50 United States must be approved by a driver license office supervisor.(l) A certificate from any state showing completion of an approved driver education course will be accepted. Applications with certificates showing completion of only classroom instruction may be accepted for a learner license and applications with certificates showing completion of both classroom and behind the wheel requirements may be accepted for a provisional license.(m) The department will check the driver record of the parent taught course instructor at the time of application for the learner and provisional license. If the instructor is ineligible to teach the course, the learner or provisional license will be denied and all instruction time will be forfeited. An instructor with an out of state or country driver license must present a copy of his or her driver record for the preceding three years. Out of country driver records must be translated into English.(n) Verification of enrollment and attendance in school, a course to complete high school requirements, or proof of high school completion is required.(1) A minor applicant enrolled in high school shall submit a Verification of Enrollment (VOE) form or the equivalent with the original application.(2) The VOE is valid for 30 days from the date of signature when school is in session and 90 days from the date of signature during the summer break.(3) An applicant who is enrolled in home school may submit the VOE or a letter from the instructor as a substitute for the VOE form. The letter must contain the same information as the VOE with the exception of the school name and district.</content><note type="source"><p>Source Note: The provisions of this §15.27 adopted to be effective May 19, 2021, 46 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.28"><num value="15.28">§15.28</num><heading>Learner, Provisional and Hardship License Requirements</heading><content>A driver license applicant who is younger than 18 years of age must, in addition to all other requirements as described in this section, including the application fee, meet the following requirements for issuance of each type of minor driver license.(1) Learner License.(A) A learner license applicant must appear at a driver license office and submit:(i) a high school diploma or the equivalent, acceptable certification of a high school completion course/GED enrollment and attendance, or a Verification of Enrollment (VOE) form or the equivalent;(ii) if previously licensed (including an instruction permit or learner license) in another state, the license from the other state or an executed department affidavit certifying the license was lost, stolen, or expired;(iii) completed FOR LEARNER LICENSE ONLY portion of the Texas Driver Education Certificate; and(iv) results for any examinations performed by a state-approved driver education provider.(B) A learner license issued to an applicant who fails to complete the concurrent driver education classroom instruction will be canceled by the department.(2) Provisional License.(A) A provisional license applicant must submit:(i) the applicant's learner license;(ii) completed Texas Driver Education Certificate;(iii) proof of liability insurance if the applicant owns a vehicle;(iv) if not presented for learner license issuance, proof of high school completion, enrollment and attendance in a completion program, VOE or the equivalent;(v) if the skills examination is performed at the driver license office, valid motor vehicle registration and inspection for the vehicle that will be used for the examination;(vi) if previously licensed (including and instruction permit or learner license) in another state, the license from the other state or an executed department affidavit certifying the license was lost, stolen, or expired; and(vii) if not already included as part of the driver license record, an applicant must appear in person at a driver license office and present a completed "Application for a Texas Driver License or Identification Card" and all documents required to obtain a Texas driver license as described in Subchapter B of this chapter.(3) Hardship License.(A) An applicant for a hardship driver license, also known as a minor's restricted driver license, in addition to meeting all application requirements, must complete all components of a state-approved driver education course, pass the skills examination, meet the requirements of Texas Transportation Code, §521.223, and provide evidence of hardship.(B) The hardship license application must be executed by an authorized adult on behalf of a minor, with the adult and minor signing the form and presenting it in person at a driver license office. Hardship requirements, including examinations, cannot be conducted by a driver education school or authorized entity.(C) Only a parent, guardian, or person having custody of a minor may make application on behalf of the minor applicant. If the minor has no parent, guardian, or custodian, then an employer or county judge may apply.(D) The department may require additional evidence or conduct an investigation to confirm information furnished on any application for a hardship driver license.(E) Any restriction approved on the hardship driver license application by the department or by court order, and found by the department to be necessary and not in conflict with the original authorization or court order, must be added to the license. Restrictions will normally be the time frame and area necessary to relieve a hardship or emergency.(F) Types of hardship that may qualify a person for a hardship license are:(i) Unusual economic hardship. Applicants who meet and provide acceptable evidence of the following criteria will be considered for licensing under Texas Transportation Code, §521.223(a)(1):(I) married and maintains a separate household apart from the parent or guardian;(II) head of a household other than as a married person;(III) has dependent children and must drive to ensure the welfare of the children;(IV) only person in the household eligible for a driver license;(V) only person in the household eligible for a driver license, other than the head of the household and that person is absent from the residence for sustained periods of time due to work necessitating licensing of the applicant to sustain the household;(VI) attends school and must work to provide basic necessities and other means of transportation are not available without causing other family members to be absent from work;(VII) requires transportation to and from school and a school bus or public transportation is not available. Travel to participate in school activities such as sports, band or other extracurricular activities is not sufficient reason to establish unusual economic hardship; and(VIII) must drive in order to assist in essential farming or ranching activity, which is the primary source of family income.(ii) Illness, sickness, or disability of a family member. A signed statement from the attending physician attesting that the family member must not drive due to the condition/illness is required for license issuance under Texas Transportation Code, §521.223(a)(2).(iii) Enrollment in a career and technology or vocational education program requiring a driver license to participate. Certification from the school administration attesting the enrollment of the applicant in an approved career and technology education course recognized by the school for academic credit and that driving by the applicant is necessary to pursue such program is required for license issuance under Texas Transportation Code, §521.223(a)(3).</content><note type="source"><p>Source Note: The provisions of this §15.28 adopted to be effective May 19, 2021, 46 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.29"><num value="15.29">§15.29</num><heading>Alternative Methods for Driver License Transactions</heading><content>(a) Eligible driver license or identification certificate holders may utilize alternative methods to renew or obtain a duplicate of their Texas driver license or identification certificate.(b) Applicants must apply in the manner provided by the department and pay the applicable fee.(c) Alternative renewal cannot be used for any two consecutive renewal periods for the purpose of updating the digital images.(d) Applicants listed in paragraphs (1) - (9) of this subsection are not eligible to renew or apply for a duplicate driver license or identification certificate by alternative methods:(1) any holder of an occupational license;(2) any driver license holder who has an administrative or card status that requires review by the department, including, but not limited to, a medical or physical condition that may affect the driver license holder's ability to safely operate a motor vehicle;(3) any driver license holder applying for renewal that will be 79 years of age or older on the expiration of their current license;(4) any driver license or identification certificate holder subject to the registration requirements of Code of Criminal Procedure, Chapter 62, Sex Offender Registration Program or Penal Code, Chapter 20A, Trafficking of Persons;(5) any driver license or identification certificate holder subject to registration requirements of Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program;(6) any driver license or identification certificate holder who is suspended, canceled, revoked, or denied renewal;(7) any driver license or identification certificate holder who does not have a verified social security number on file with the department;(8) any driver license or identification certificate holder who does not have a digital image (e.g. photograph or signature) on file with the department; or(9) any applicant whose lawful presence needs to be verified.(e) The department may reject an application for an alternative transaction and require the personal appearance of the applicant at a driver license office if it has information concerning the eligibility of the applicant, including, but not limited to, medical and vision conditions.</content><note type="source"><p>Source Note: The provisions of this §15.29 adopted to be effective March 8, 2021, 46 TexReg 1510; amended to be effective March 7, 2024, 49 TexReg1283; amended to be effective September 11, 2024, 49 TexReg 7050.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.30"><num value="15.30">§15.30</num><heading>Identification Certificates</heading><content>(a) Identification certificates issued to a citizen, national, lawful permanent resident, refugee, or asylee are dated to expire on the next birth date of the holder occurring six years after date of application.(b) Identification certificates issued to applicants not described by subsection (a) are dated to expire as provided by Transportation Code, §521.101(f)(2)(A)(ii) or (B).(c) All original applicants for identification certificate must present proof of identity as required in §15.24 of this title (relating to Identification of Applicants).(d) Any person whose identification certificate has been expired over two years must apply as an original applicant.(e) There are no age limits and testing is not required.</content><note type="source"><p>Source Note: The provisions of this §15.30 adopted to be effective July 7, 1999, 24 TexReg 5024; amended to be effective September 21, 2000, 25 TexReg 9641; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective January 5, 2017, 41 TexReg 10661.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.31"><num value="15.31">§15.31</num><heading>Out-of-State Renewals and Duplicates</heading><content>(a) This section applies to a renewal or duplicate of an out-of-state/country noncommercial driver license, a commercial driver license without a hazardous materials endorsement, and an identification card. A commercial driver license with a hazardous materials endorsement is not eligible to renew by mail or use the out-of-state process. (b) Applicants who are temporarily out-of-state/country and not eligible to renew or obtain a duplicate driver license or identification card online, by telephone, or invitation by mail may be eligible to use the out-of-state process.(c) Applicants must meet the eligibility requirements for alternate issuance as required in §15.29 of this title (relating to Alternative Methods for Driver License Transactions). (d) Applicants for renewal of a driver license must submit the results of a vision test conducted by an eye specialist or authorized driver license personnel from another jurisdiction. (e) Applicants for a renewal or duplicate driver license or identification card must submit a signed Out-of-State/Country Application and provide a social security number for electronic verification through the Social Security Administration.(f) Normal birth date expiration will be shown on the driver license or identification card.(g) Applications described in this section may be submitted by mail.(h) Any other examinations in addition to vision required for the renewal of driver licenses described in this section may be conducted by other jurisdictions and submitted to the department for approval.</content><note type="source"><p>Source Note: The provisions of this §15.31 adopted to be effective January 1, 1976; amended to be effective July 24, 1992, 17 TexReg 4960; amended to be effective February 15, 2000, 25 TexReg 1125; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective March 5, 2025, 50 TexReg 1694.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.32"><num value="15.32">§15.32</num><heading>Expiration Date on Expired License</heading><content>Expiration dates are computed from the last birthday when renewing an expired Texas license. If the license has been expired two years or less, then it is dated to expire from the applicant's last birth date, except military renewal.</content><note type="source"><p>Source Note: The provisions of this §15.32 adopted to be effective January 1, 1976; amended to be effective January 29, 1985, 10 TexReg 173.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.33"><num value="15.33">§15.33</num><heading>Renewal of Texas License with Validity Period Extended by Military Service</heading><content>(a) Holders of Texas driver licenses whose validity period has been extended by military service for more than two years beyond normal expiration date must present extended Texas driver license and proof of military service when applying for renewal.(b) If application is made two or more years after the original expiration date, the expired, but extended, Texas driver license and separation papers from the military service are required to verify that license was valid when applicant entered the service.(c) Extended licenses will be recognized as valid for driving in Texas prior to separation from the service for periods up to 90 days.</content><note type="source"><p>Source Note: The provisions of this §15.33 adopted to be effective January 1, 1976; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.34"><num value="15.34">§15.34</num><heading>Renewal Period Prior to Expiration</heading><content>(a) Any class of driver license or identification card, except those noted in paragraphs (1) - (4) of this subsection, may be renewed 24 months before expiration.(1) Provisional licenses may be renewed 60 days before expiration.(2) Driver licenses or identification cards issued to applicants required to register under Code of Criminal Procedure, Chapter 62, Sex Offender Registration Program, or Penal Code, Chapter 20A, Trafficking of Persons, may be renewed 60 days before expiration.(3) Driver licenses or identification cards issued to applicants required to register under Code of Criminal Procedure, Chapter 65, Terrorist Offender Registration Program, may be renewed 60 days before expiration.(4) Driver licenses with an expiration date determined by Transportation Code, §521.2711 (person at least 85 years of age) may be renewed 180 days before expiration.(b) Any applicant for a renewal driver license or identification card must present at least one identity document listed in §15.24 of this title (relating to Identification of Applicants) if the driver license or identification card is not presented.</content><note type="source"><p>Source Note: The provisions of this §15.34 adopted to be effective September 24, 2018, 43 TexReg 6334; amended to be effective March 8, 2021, 46 TexReg 1510; amended to be effective September 11, 2024, 49 TexReg 7050.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.35"><num value="15.35">§15.35</num><heading>Renewal of a Texas Driver License Expired over Two Years</heading><content>Any person whose Texas driver license has been expired over two years must apply as an original applicant and pass all required examinations.</content><note type="source"><p>Source Note: The provisions of this §15.35 adopted to be effective January 1, 1976; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.36"><num value="15.36">§15.36</num><heading>Applications for Duplicates and Corrections</heading><content>(a) If the holder of a Texas driver license or identification certificate has changed their name or address, they are required to notify the department of this change within 30 days and apply for a duplicate driver license or identification certificate.(b) An application for a duplicate license or identification certificate will be accepted in any of the cases detailed in this subsection:(1) when a Texas driver license or identification certificate, including an occupational driver license or learner license, has been lost, destroyed, marred, or mutilated;(2) when an out-of-state, no-photo licensee returns to Texas; or(3) when there has been a change in any other pertinent information.</content><note type="source"><p>Source Note: The provisions of this §15.36 adopted to be effective January 1, 1976; amended to be effective May 23, 1980, 5 TexReg 1795; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective January 5, 2017, 41 TexReg 10661.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.37"><num value="15.37">§15.37</num><heading>Medical History Questions--Original and Renewal</heading><content>An applicant for an original or renewal of a Texas driver license must answer certain questions relating to their physical and mental condition prior to licensing.</content><note type="source"><p>Source Note: The provisions of this §15.37 adopted to be effective January 1, 1976; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.38"><num value="15.38">§15.38</num><heading>Fee Exemption</heading><content>(a) A veteran of service in the armed forces of the United States is eligible for exemption from payment of issuance fees for an original, renewal, examination, or duplicate driver license or personal identification certificate if the veteran meets the following requirements:(1) was honorably discharged from the armed services of the United States;(2) has an armed service-related disability of at least 60%; and(3) receives compensation from the United States because of the armed service-related disability.(b) Any disabled veteran may waive their fee exemption for a driver license or identification certificate. Application and payment of fee will be considered as such a waiver and no refund of fee will be made.(c) If not already part of the record, proof of eligibility for the fee exemption must be provided by mail or in-person with the issuance of the driver license or identification certificate.(d) These provisions do not apply to applicants for a commercial driver license (CDL) or to an applicant subject to the registration requirements of Code of Criminal Procedure, Chapter 62 or Chapter 65, or Penal Code, Chapter 20A.</content><note type="source"><p>Source Note: The provisions of this §15.38 adopted to be effective January 1, 1976; amended to be effective January 29, 1985, 10 TexReg 173; amended to be effective July 24, 1992, 17 TexReg 4960; amended to be effective February 15, 2000, 25 TexReg 1125; amended to be effective December 5, 2001, 26 TexReg 9913; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective April 12, 2012, 37 TexReg 2429; amended to be effective September 11, 2024, 49 TexReg 7050.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.40"><num value="15.40">§15.40</num><heading>Application Fee</heading><content>(a) After completion of an original application for the type and class of license that the applicant needs, it is necessary to collect the proper fee for the license requested. A transaction service fee shall be added to each application fee collected as provided by §2054.1115(a) Government Code. If it is determined during completion of the application forms that the applicant is clearly ineligible for the immediate issuance of the license sought (disqualified, suspended, denied, revoked, or "immediate hazard under MAB considerations"), the fee will not be collected and the proper explanation and instructions will be given to the applicant.(b) The application fee shall be forfeited if the applicant fails any single exam three times. Exam means vision, knowledge (signs, rules, or automated), or skills (driving/road or pretrip) tests. If an applicant fails the rules test two times and the signs test two times, his exam fee is not forfeited. Even though he has failed four exams, he has failed each individual test only two times. If he were to fail the signs tests two times and the rules test three times, the fee will be forfeited because the rules test was failed three times. The application fee shall also be forfeited if the applicant has not been issued the license applied for on the 91st day after the original date that the application and fee were accepted.(c) When an original applicant, applying for a commercial driver's license (CDL) fails to pass a test and decides to apply for a non-CDL license, the applicant will be required to submit a new application and the appropriate fee for the license he desires to obtain. The CDL application may not be reduced to a non-CDL license. For this reason it is suggested that all applicants for a CDL be encouraged to apply for a non-CDL license. Upon issuance of the non-CDL license, the applicant must then apply for the upgrade to the needed CDL license and will be given credit for each full year that remains on the non-CDL license.</content><note type="source"><p>Source Note: The provisions of this §15.40 adopted to be effective October 1, 1992, 17 TexReg 6483; amended to be effective February 15, 2000, 25 TexReg 1125; amended to be effective December 13, 2009, 34 TexReg 8784.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.42"><num value="15.42">§15.42</num><heading>Social Security Number</heading><content>(a) The Social Security number (SSN) shall be obtained from all applicants who have been issued a number by the United States Social Security Administration. This number will be utilized by the department for the purpose of additional identification and may be disclosed only to those entities that have statutory authority to receive the SSN.(b) When an SSN is originally obtained, the department will verify the authenticity of the SSN through the Social Security Administration. In the event that the SSN cannot be verified, the department may deny the issuance until such time as verification is made through the Social Security Administration.(c) If a previously issued driver license or identification certificate has not been verified through the Social Security Administration, the department may mail to the address on record a notice requiring the driver license or identification certificate holder to provide additional documentation in order to secure verification through the Social Security Administration. Failure to comply with this request within 30 days may result in the cancellation of the driver license or identification certificate.(d) On all duplicate and renewal Texas driver license or identification certificate applications, the SSN shall be obtained where it is not currently a part of the applicant's record. If the newly provided SSN cannot be verified, the department may deny the issuance until such time as verification is made through the Social Security Administration. After the SSN becomes a part of the applicant's record, all future duplicate and renewal transactions occurring in a driver license office will be verified by the driver license or identification certificate application.(e) Applicants who state they have not applied for, have not been issued or do not have an SSN assigned by the Social Security Administration will be given the department's "Social Security" affidavit for completion. This sworn affidavit will contain:(1) The applicant's full name, date of birth, and driver license or identification certificate number;(2) A statement that the applicant has not applied for, been issued or assigned an SSN by the United States Social Security Administration;(3) A statement of release for verification and investigative purposes;(4) A notice that failure to provide required information to the department may result in the cancellation of the applicant's driver license or identification certificate per Texas Transportation Code, §521.314; and(5) A notice that the applicant can be subject to other criminal penalties including Texas Transportation Code, §521.451 and §521.454.</content><note type="source"><p>Source Note: The provisions of this §15.42 adopted to be effective October 1, 1992, 17 TexReg 6483; amended to be effective March 4, 1999, 24 TexReg 1395; amended to be effective August 20, 2002, 27 TexReg 7543; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective March 15, 2016, 41 TexReg 1861; amended to be effective September 11, 2024, 49 TexReg 7050.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.44"><num value="15.44">§15.44</num><heading>Driver License Photograph</heading><content>A photograph of a licensee may be obtained through any medium which produces a retrievable visual image including, but not limited to, film, videotape, digital or visual imagery, or any other technology which may be approved by the director.</content><note type="source"><p>Source Note: The provisions of this §15.44 adopted to be effective July 14, 1994, 19 TexReg 5104; amended to be effective December 13, 2009, 34 TexReg 8784; amended to be effective January 11, 2018, 43 TexReg 237.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.45"><num value="15.45">§15.45</num><heading>Fingerprints</heading><content>An application for original, renewal, or duplicate driver license or personal identification certificate must include the fingerprints of the applicant. This section does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating a driver license or identification certificate.</content><note type="source"><p>Source Note: The provisions of this §15.45 adopted to be effective October 24, 1996, 21 TexReg 10218; amended to be effective December 5, 2001, 26 TexReg 9913; amended to be effective July 6, 2014, 39 TexReg 5191.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.46"><num value="15.46">§15.46</num><heading>Citizenship Status and County of Residence</heading><content>An applicant for an original, renewal, or duplicate of a Texas driver license or personal identification certificate must provide information relating to their United States citizenship and provide their county of residence at the time of application.</content><note type="source"><p>Source Note: The provisions of this §15.46 adopted to be effective June 29, 2000, 25 TexReg 6154.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.48"><num value="15.48">§15.48</num><heading>Selective Service Registration</heading><content>Male applicants for an original, renewal, or replacement driver license or identification certificate who are at least 18 but less than 26 years of age will be given written notice that application constitutes registration with the United States Selective Service System.(1) Applicants completing a transaction in a driver license office will be provided written information regarding alternative service options for persons who object to conventional military service for religious or other conscientious reasons upon request.(2) Applicants invited to complete a transaction by alternate methods, including mail, telephone, and online, will be provided access to written information about alternative service options for persons who object to conventional military service for religious or other conscientious reasons.</content><note type="source"><p>Source Note: The provisions of this §15.48 adopted to be effective June 11, 2012, 37 TexReg 4253.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.49"><num value="15.49">§15.49</num><heading>Proof of Domicile</heading><content>(a) To establish domicile in Texas for a non-commercial driver license or identification certificate, an applicant must reside in Texas for at least thirty (30) days prior to application. Applicants who surrender a valid, unexpired out-of-state driver license or identification certificate are not required to reside in Texas for at least thirty (30) days prior to application.(b) In order to prove domicile, all original applicants for a driver license or identification certificate must present two acceptable documents verifying the applicant's residential address in Texas.(c) The department may require individuals renewing or obtaining a duplicate driver license or identification certificate to present proof of domicile prior to issuance.(d) In order to satisfy the requirements of this section the individual must provide two documents, which contain the applicant's name and residential address, from the acceptable proof of domicile list in subsection (e) of this section. At least one of the documents presented must demonstrate that the applicant has resided in Texas for at least thirty (30) days prior to application.(e) Acceptable proof of domicile documents are:(1) current deed, mortgage, monthly mortgage statement, mortgage payment booklet, or a residential rental/lease agreement.(2) A valid, unexpired Texas voter registration card.(3) A valid, unexpired Texas motor vehicle registration or title.(4) A valid, unexpired Texas boat registration or title.(5) A valid, unexpired Texas concealed handgun license or license to carry.(6) A utility or residential service bill dated within one hundred eighty (180) days of the date of application. Examples of acceptable statement include, but are not limited to: electric, water, gas, internet, cable, streaming services, lawn service, cellular telephone, etc.(7) A Selective Service card.(8) A current homeowners or renters insurance policy or statement.(9) A current automobile insurance policy, card, or statement.(10) A Texas high school, college, or university report card or transcript for the current school year.(11) A pre-printed W-2, 1099, or 1098 tax form from an employer, government, or financial entity for the most recent tax year.(12) Mail or printed electronic statements from financial institutions; including checking, savings, investment account, and credit card statements dated within one hundred eighty (180) days of the date of application.(13) Mail or printed electronic statements from a federal, state, county, or city government agency dated within one hundred eighty (180) days of the date of application.(14) A current automobile payment booklet or statement.(15) A pre-printed paycheck or payment stub dated within one hundred eighty (180) days of the date of application.(16) Current documents issued by the U.S. military indicating residence address.(17) A document from the Texas Department of Criminal Justice indicating the applicant's recent release or parole.(18) Current Form DS2019 or a document issued by the United States Citizenship and Immigration Services.(19) A valid, unexpired Texas fishing or hunting license.(20) A letter of medical Explanation of Benefits or medical bills dated within one hundred eighty (180) days of the date of application.(f) Both documents may be from the same source if the source is a local governmental entity or service provider that provides multiple residential services. For example, an individual may use a water and gas bill from the same municipal utility if they are on separate statements. Documents from the same source for different months will not be accepted.(g) Mail addressed with a forwarding label or address label affixed to the envelope or contents is not acceptable.(h) If the individual cannot provide two documents from the acceptable proof of domicile list, the individual may submit a Texas residency affidavit executed by:(1) An individual who resides at the same residence address as the applicant.(A) For related individuals, the applicant must present a document acceptable to the department indicating a family relationship to the person who completed the Texas residency affidavit and present two acceptable proof of domicile documents with the name of the person who completed the Texas residency affidavit. Acceptable documents demonstrating family relationship may include, but are not limited to:(i) a marriage license;(ii) military dependent identification card;(iii) birth certificate; and(iv) adoption records.(B) For unrelated individuals, the individual must accompany the applicant, present valid identification as defined under §15.24 of this title (relating to Identification of Applicants), and present two acceptable proof of domicile documents from the acceptable proof of domicile list in subsection (e) of this section.(2) A representative of a governmental entity, not-for-profit organization, assisted care facility/home, adult assisted living facility/home, homeless shelter, transitional service provider, group/half way house, or college/university certifying to the address where the applicant resides or receives services. The organization must provide a notarized letter verifying that they receive mail or services for the individual or completed Texas Residency Affidavit (DL-5).(i) An individual is not required to comply with this section if the applicant is subject to the address confidentiality program administered by the Office of the Attorney General, or currently incarcerated in a Texas Department of Criminal Justice facility.(j) Minors under the conservatorship of the Department of Family and Protective Services (DFPS) and individuals under the age of 21 in DFPS paid foster care are not required to comply with subsection (b) of this section and may present an approved DFPS residency form signed by a DFPS caseworker or caregiver as proof of the applicant's residential address in Texas.(k) Homeless youth, defined by 42 U.S.C. §11434a, may present a letter certifying the child or youth does not have a residence from:(1) the school district in which the child is enrolled;(2) the director of an emergency shelter or transitional housing program;(3) the director of a basic center for runaway and homeless youth; or(4) a transitional living program.(l) All documents submitted by an individual must be acceptable to the department. The department has the discretion to reject or require additional evidence to verify domicile address.</content><note type="source"><p>Source Note: The provisions of this §15.49 adopted to be effective April 19, 2011, 36 TexReg 2414; amended to be effective September 14, 2017, 42 TexReg 4657; amended to be effective December 29, 2019, 44 TexReg 8023; amended to be effective July 2, 2023, 48 TexReg 3416.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scB/s15.50"><num value="15.50">§15.50</num><heading>State-to-State Verification Service</heading><content>(a) An applicant for a Texas driver license (DL) or identification certificate (ID) must surrender any DL or ID issued by this state or another state or a U.S. jurisdiction before being issued a Texas DL or ID.(b) Upon application, Texas will use the State-to-State Verification Service (S2S) to determine whether the person holds a DL or ID in another state or a U.S. jurisdiction.(c) Texas will notify the previous state or U.S. jurisdiction and request transfer of the record. Upon issuance, Texas will become the state of record for that DL or ID holder.</content><note type="source"><p>Source Note: The provisions of this §15.50 adopted to be effective March 14, 2019, 44 TexReg 1359.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scC"><num value="C">SUBCHAPTER C</num><heading>EXAMINATION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.51"><num value="15.51">§15.51</num><heading>Vision Tests</heading><content>Applicants applying for a Texas driver license must meet the following vision standards: (For Commercial Driver License (CDL) vision standards refer to §16.8 of this title (relating to Qualifications To Drive in Interstate Commerce) and §16.9 of this title (relating to Qualifications To Drive in Intrastate Commerce))(1) The standards for two-eyed vision are as follows:(A) without corrective lenses, 20/40 or better each eye and both together: no visual restriction;(B) without corrective lenses, worse than 20/40 with either eye or both together: refer to specialist;(C) with corrective lenses, 20/50 or better with best eye or both together; any score with other eye: restrict to corrective lenses;(D) without corrective lenses, 20/50 or better with best eye or both together with specialist's statement that vision cannot be improved: no visual restriction;(E) with corrective lenses, 20/60 or 20/70 with best eye or both together; any score with other eye: restrict to corrective lenses, daytime only, 45 miles per hour speed limit, any other advisable restriction;(F) without corrective lenses, 20/60 or 20/70 with best eye or both together with specialist's statement that vision cannot be improved: no visual restriction, daytime only, 45 miles per hour speed limit, any other advisable restriction;(G) with or without corrective lenses, worse than 20/70 with best eye or both together; no further improvement possible: fail.(2) The standards for one-eyed vision are as follows:(A) without corrective lenses, 20/25 or better in best eye: no visual restriction;(B) without corrective lenses, worse than 20/25 in best eye: refer to specialist;(C) on all other case scores: use two-eyed vision standards;(3) for driver licensing purposes, an acuity score of worse than 20/200, with corrective lenses or specialist's statement that improvement of 20/200 or better is not possible: is considered blind.(4) Color blindness is checked on all original applicants.</content><note type="source"><p>Source Note: The provisions of this §15.51 adopted to be effective January 1, 1976; amended to be effective August 20, 2002, 27 TexReg 7543.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.52"><num value="15.52">§15.52</num><heading>Knowledge Examination</heading><content>The department administers examinations to determine an applicant's knowledge of the traffic laws of Texas and such applicant must meet a predetermined score of 70% correct, or better, on each test to qualify for a driver license. Although the applicant must understand highway signs in the English language and must have a knowledge of the traffic laws of the state, literacy itself is not a condition which must be met before a Texas driver license can be issued. Understanding is not considered to be synonymous with speaking the language. Written and oral examinations will be offered in English and Spanish only. Oral tests will be administered when actually needed.</content><note type="source"><p>Source Note: The provisions of this §15.52 adopted to be effective January 1, 1976; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.53"><num value="15.53">§15.53</num><heading>Types of Vehicles for Road Test</heading><content>Road tests are required in the type or class of vehicle that may be driven for the class license being applied for. Applicants must furnish the vehicle.</content><note type="source"><p>Source Note: The provisions of this §15.53 adopted to be effective January 1, 1976; amended to be effective May 23, 1980, 5 TexReg 1795; amended to be effective August 31, 1981, 6 TexReg 3011; amended to be effective January 29, 1985, 10 TexReg 173.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.54"><num value="15.54">§15.54</num><heading>Vehicle Inspection</heading><content>The department inspects vehicles prior to skills exams to determine if such vehicle meets the requirements of law and is safe to operate on a public street or highway.(1) Registration of vehicles.(A) Texas law does not require the license of the driver and the registration of the vehicle to be from the same state.(B) The vehicle used for the skills exam must have a current and valid registration.(2) General.(A) No skills exam will be performed in any vehicle where there is no seat for the examiner to ride on.(B) No skills exam will be performed in any vehicle in which the door next to the examiner's seat cannot be safely opened from the inside and the outside.(C) No skills exam will be performed in any vehicle that the department has determined to be unsafe to operate on a roadway regardless of the status of the current vehicle inspection.(D) Only the applicant and Department of Public Safety personnel are allowed to be in the vehicle during the skills exam. Exceptions may be made when an interpreter is actually needed by the applicant and the examiner, or in the case of a motorcycle examination when the applicant is required to furnish a vehicle and accompanying driver.</content><note type="source"><p>Source Note: The provisions of this §15.54 adopted to be effective January 1, 1976; amended to be effective May 23, 1980, 5 TexReg 1795; amended to be effective March 31, 1982, 7 TexReg 1180; amended to be effective January 29, 1985, 10 TexReg 173; amended to be effective July 27, 1990, 15 TexReg 4028; amended to be effective September 1, 1992, 17 TexReg 5673; amended to be effective December 13, 2009, 34 TexReg 8786; amended to be effective September 22, 2015, 40 TexReg 6354.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.55"><num value="15.55">§15.55</num><heading>Waiver of Knowledge and/or Skills Tests</heading><content>(a) The terms in this section, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) Knowledge exam--Written, computerized, or automated exam.(2) Skills exam--Driving or road exam.(3) Unrestricted Class A, B, and C license--A license that allows a person 18 years of age or older to operate a motor vehicle without having a restriction that requires a licensed driver 21 years of age or older in the front seat.(b) Knowledge and skills exams are waived for applicants who hold a noncommercial driver license that is valid or not expired over two years from another U.S. state, U.S. territory, or province of Canada when applying for a Texas license of the same or lower type. An applicant with a noncommercial driver license that is valid or not expired over two years will be required to pass the vision exam.(c) The skills exam for a noncommercial driver license is waived for applicants who hold a valid U.S. military or Armed Forces license.(d) Class M License:(1) The Class M knowledge exam is waived for applicants who have successfully completed a Texas Department of Licensing and Regulation (TDLR) approved motorcycle operator training course.(2) The skills exam is waived for individuals age 18 and older who have a valid, unrestricted Class A, B, or C Texas driver license and have successfully completed a TDLR approved motorcycle operator training course.(3) All other applicants must take and pass a skills exam for a motorcycle license.(4) An applicant must present either item detailed in subparagraph (A) or (B) of this paragraph to confirm successful completion of a TDLR approved motorcycle operator training course:(A) a valid Standardized Motorcycle Operator Training Course completion card (Form MSB-8); or(B) a valid completion card from a state or military motorcycle safety training program showing that the applicant has completed a course in basic motorcycle safety instruction that meets or exceeds the TDLR approved curriculum standards.(C) The course completion cards are valid for 24 months from the date of issuance.(e) Required completion of the knowledge and/or skills exams.(1) The skills exam will not be waived for applicants under the age of 18.(2) Applicants younger than 25 years of age who present driver education completion certificates dated two or more years prior to the date of application will not have any examinations waived. These certificates are acceptable as proof of driver education completion.(3) If an advance in grade is applied for, the applicant must pass the vision exam and appropriate knowledge and skills exams.(4) For applicants with an out-of-state license expired over two years or no license, the applicant must pass the vision, knowledge, and skills exams.</content><note type="source"><p>Source Note: The provisions of this §15.55 adopted to be effective January 1, 1976; amended to be effective April 1, 1994, 19 TexReg 2010; amended to be effective August 11, 1995, 20 TexReg 5617; amended to be effective October 24, 1996, 21 TexReg 10218; amended to be effective June 12, 1997, 22 TexReg 4418; amended to be effective December 25, 2003, 28 TexReg 11342; amended to be effective January 12, 2015, 40 TexReg 249; amended to be effective March 15, 2016, 41 TexReg 1862; amended to be effective March 15, 2017, 42 TexReg 1150; amended to be effective March 5, 2020, 45 TexReg 1443; amended to be effective September 3, 2020, 45TexReg 6126; amended to be effective September 14, 2023, 48 TexReg 5071.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.56"><num value="15.56">§15.56</num><heading>Road Test</heading><content>(a) The department administers a road test to determine an applicant's ability to exercise ordinary and reasonable control of a motor vehicle; such applicant must meet a predetermined score. The road test will be given in English or Spanish only and will consist of three separate standalone examinations, designated as the on-street test, the backing test, and parallel parking test, and will include the following maneuvers:(1) start;(2) quick smooth stop;(3) backing;(4) upshifting;(5) downshifting;(6) lane change;(7) merge;(8) use of lanes;(9) right-of-way;(10) posture;(11) approach to corner;(12) traffic signals;(13) traffic signs;(14) left turns;(15) right turns; and(16) parallel parking (if applicable).(b) Rejection standards for road test are:(1) accident. Any contact with another vehicle, object, or pedestrian which applicant could have prevented, regardless of who was responsible, resulting in any damage or injury;(2) dangerous action:(A) accident is prevented only by defensive driving on the part of another or dodging by a pedestrian;(B) any loss of control creating a hazard;(C) driver stalls vehicle in middle of busy intersection so as to obstruct traffic;(D) drives one or more wheels over the curb or onto the sidewalk;(E) accident prevented only by warning given by the examining officer; or(F) runs over parking standards on the parallel parking test.(3) violation of law. Unless otherwise stipulated in scoring standards, a driver is disqualified for:(A) any act for which the driver might be arrested; or(B) any act which might make the driver liable for damages in case of accident.(4) deductions. As soon as any of the following conditions occur, the applicant is disqualified:(A) various or repeated minor mistakes totaling more than 20 points deducted on the off-street road test score for motorcycles or more than 30 points deducted on the on-street test for any vehicle including a motorcycle;(B) various or repeated minor mistakes totaling more than 5 points deducted on the backing test; or(C) various or repeated minor mistakes totaling more than 7 points deducted on the parallel parking test for any vehicle.(5) lack of cooperation or refusal to perform:(A) refusal to try any maneuver in good faith;(B) repeated failure to follow instructions;(C) offer a bribe or gratuity;(D) argument concerning scoring, not just a discussion of scoring; or(E) refusal to wear a seat belt when required and has no physician's statement for waiver or refusal to comply with a continuing, necessary restriction (e.g., "corrective lenses").</content><note type="source"><p>Source Note: The provisions of this §15.56 adopted to be effective October 30, 2000, 25 TexReg 10747; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.57"><num value="15.57">§15.57</num><heading>Restrictions, Physical</heading><content>Performance on the skills examination generally establishes what effect physical limitations may have on an applicant's ability to safely operate a motor vehicle. Restrictions are placed on an applicant's driver license when necessary.(1) General information. Restrictions may be imposed for reasons other than failure to meet standard examination requirements.(A) Request restriction. The adult who authorizes issuance of a minor applicant's driver license may request, and have imposed, any reasonable restriction.(B) Eye specialist recommendations. An eye specialist may recommend restrictions such as daytime driving.(C) Restriction limits. Only special equipment necessary to qualify on the skills exam will be required in the restriction(s) placed on an applicant's license.(2) Physical Impairments. Restrictions may be required for persons with limb, hearing, strength, movement limitations, or other physical conditions that require special or assistive equipment to pass the skills examination.(A) Limbs. Any special equipment necessary to pass the skills examination will be included in the restriction(s). Examples of restrictions and applicable aids for limb impairments include but are not limited to:(i) Arm or hand impairment. If the applicant's right arm is not functional, the shift lever should be restricted to the left side of the steering wheel. Aids may include; steering wheel knob, signal device, or prosthesis.(ii) Leg or foot impairment. An applicant with an amputation above the knee will ordinarily require additional restrictions even with the use of a prosthesis. An amputee may not use his or her hands to lift the leg for applying the brakes. Aids may include; prosthesis, automatic transmission, pedal bars or extensions, manual brake, or power controls.(B) General. Other common physical limitations that may require aids.(i) Joint stiffness, tremors, shaking or wobbly body or limbs. Aids; none, based solely on conditions causing these symptoms.(ii) Not strong enough to perform legal stop. Aids; power brakes.(iii) Stature too small to perform legal stop. Aids; adjustable seat.(C) Hearing. Deaf or hard of hearing. Aids; outside rearview mirror or hearing aid.(3) Personal Restrictions.(A) With corrective lenses. The applicant must wear corrective glasses or contact lenses while driving.(B) Driver devices. Drivers may be restricted to prosthetic limbs, braces or other equipment.(C) Time and place. Time restrictions, including daytime driving only, may be necessary for vision or other medical conditions. Some license holders may have operating restrictions for time and place such as only to and from work or school.(D) Speed. A license may restrict driving to within certain speeds.(E) Vehicle devices. A variety of devices may be installed on vehicles to compensate for physical limitations.</content><note type="source"><p>Source Note: The provisions of this §15.57 adopted to be effective May 19, 2021, 46 TexReg 3144.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.58"><num value="15.58">§15.58</num><heading>Medical Advisory Board Referrals</heading><content>Persons applying for or holding a Texas driver license and having a physical or mental condition, the extent of which cannot be determined by the department, are referred to the Medical Advisory Board for further evaluation.(1) The criteria for referral for physical conditions are as follows:(A) Eye disorders:(i) eye diseases: all applicants under the care of a physician, excluding the fitting of lenses when no disease is present;(ii) telescopic lenses: all applicants requiring the use of telescopic lenses to pass the vision test must successfully complete a comprehensive road test before licensure and will only be referred the first time the applicant presents using telescopic lenses.(B) Cardiovascular diseases:(i) heart attack:(I) if applicant for Class A, Class B, or any CDL license has had a heart attack within the past two years;(II) if applicant for a non-CDL Class C or Class M license has had a heart attack during the past year.(ii) angina pectoris, arrhythmia, arterial aneurysms, coronary bypass surgery, dyspnea, myocardial infarction: all applicants under the care of a physician.(iii) hypertension:(I) if applicant for a Class A, Class B, or any CDL has had any loss of consciousness or any alteration of consciousness within the past two years;(II) if applicant for a non-CDL Class C or Class M has had any loss of consciousness or any alteration of consciousness within the past year.(iv) blood vessel disorders: all applicants, if under the care of a physician and a qualifying road test has confirmed considerable interference with braking, steering, manipulation of controls or acceleration.(v) syncope: all applicants with any loss of consciousness or any alteration of consciousness due to cardiovascular problems within the past year.(C) Metabolic disorders:(i) diabetes mellitus: all applicants under the care of a physician or with hyperglycemia or hypoglycemia severe enough to cause neurological dysfunction (confusion, motor dysfunction or loss of consciousness) or result in any type or degree of vehicle accident within the past two years.(ii) chronic renal failure: if applicant for any cargo or property transport vehicles included in Class A, B, or C and uremia must be controlled by regular dialysis.(D) Respiratory conditions: all applicants, if under the care of a physician and a qualifying road test has confirmed that shortness of breath or audible wheezing considerably affects safe driving ability.(E) Neurological disorders:(i) transient cerebral ischemic attack, stroke, narcolepsy, excess daytime sleeping or sleep apnea: all applicants under the care of a physician.(ii) cerebral vascular accident (stroke): all applicants with any degree of persistent neurological deficit (applicant must take and pass a qualifying road test prior to referral) or if applicant has lost consciousness, "blacked out" or fainted within the past year.(iii) convulsive disorders:(I) if applicant for a cargo transport, passenger transport or emergency vehicle in Classes A, B or C and has history of recurrent seizures (those requiring medication therapy or has had any seizure activity within the past ten years if the applicant is not taking medication), epileptic or convulsive attacks;(II) if applicant for a private vehicle in Class C or M and has had seizures or epileptic or convulsive attacks within the past year;(iv) movement disorders (conditions including but not limited to Parkinsonism, Torticollis, myoclonus and choreoathetosis): all applicants if disorder is active and progressive (the applicant must also take and pass a qualifying road test prior to referral).(2) The criteria for referral for psychiatric disorders are as follows:(A) Mental or psychiatric condition that affects the ability to safely operate a motor vehicle.(B) Alcohol-induced problems: All applicants, as follows:(i) three or more convictions for offenses involving drinking, the last offense occurring within past two years;(ii) involvement in two or more accidents while drinking, the last incident occurring within past two years;(iii) a reliable report that applicant has had an active drinking problem within the past two years;(iv) admits to an active drinking problem within the past two years;(v) under the care of a physician (exception: if there is no documented history of any episodes of alcohol abuse and applicant voluntarily enrolled in and successfully completed a recognized rehabilitation program, the applicant will not be referred).(C) Drug-induced problems: All applicants, as follows:(i) addiction to any drug affecting safe driving ability;(ii) a reliable report that applicant has had an active drug problem in the past two years;(iii) admits to an active drug problem in the past two years;(iv) under the care of a physician.(3) The criteria for referral for other conditions or disorders are as follows: All applicants, if under the care of a physician, and a qualifying road test has confirmed that safe driving ability is considerably affected by the condition. Examples of conditions that will be evaluated by testing rather than by referral include but are not limited to: amputation, back pain, cerebral palsy, congenital birth defects, fibromyalgia, hemiplegia, multiple sclerosis, osteoporosis, post polio disabilities, scoliosis, spina bifida, spinal cord injuries, spinal meningitis, Tourette's syndrome and/or traumatic brain injuries.(4) Terms defined.(A) Under the care of a physician--having been referred to for treatment or having received treatment from a physician for the medical condition or conditions indicated in the past 12 months without a release from further treatment. This does not apply to a condition(s) diagnosed over 12 months ago and treatment consisting of only periodic visits to a physician for check up and maintenance.(B) Active drinking problem--use of alcoholic beverages to the extent of interfering with driving, working, social, or family responsibilities as confirmed by any one of the following occurring in the past six months:(i) an arrest involving alcohol;(ii) a reliable family report of excessive use of alcohol;(iii) a contact with a social agency because of the use of alcohol;(iv) demonstrated psychological dependence on alcohol.(C) Active drug problem--use of drugs to the extent of interfering with driving, working, social, or family responsibilities as confirmed by any one of the following occurring in the past six months:(i) an arrest involving drugs;(ii) a reliable family report of use of drugs;(iii) a contact with social agencies because of use of drugs;(iv) demonstrated psychological dependence on drugs.(5) Guidelines for referral of alcohol or drug dependency. An applicant whose presents a written statement from the attending physician, hospital administrator, or treatment center administrator verifying successful completion of a voluntary alcohol treatment program (except the DWI Education Program required under the Code of Criminal Procedure, Article 42.12, §6f) dated subsequent to the last known report or episode shall not be referred to the Medical Advisory Board if there is no documented history of any episodes of alcohol abuse.</content><note type="source"><p>Source Note: The provisions of this §15.58 adopted to be effective January 1, 1976; amended to be effective September 19, 1978, 3 TexReg 3109; amended to be effective May 23, 1980, 5 TexReg 1795; amended to be effective January 29, 1985, 10 TexReg 173; amended to be effective September 13, 1989, 14 TexReg 4472; amended to be effective December 25, 2003, 28 TexReg 11343; amended to be effective November 17, 2022, 47 TexReg 7559.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.60"><num value="15.60">§15.60</num><heading>Advance in Class License</heading><content>Advance in class license is defined as changing to a class license permitting the operation of a higher class vehicle.(1) When advancing to a higher class license, an applicant must meet the requirements for the new class license that have not been met for the current class.(2) An advance to a higher class license requires a new road test in the class vehicle to be driven.</content><note type="source"><p>Source Note: The provisions of this §15.60 adopted to be effective January 1, 1976; amended to be effective January 29, 1985, 10 TexReg 173.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.61"><num value="15.61">§15.61</num><heading>Third Party Skills Testing</heading><content>(a) The following words and terms, when used in this section, shall have the following meanings, unless the context shall clearly indicate otherwise.(1) Authorized organization (AO)--An entity that has entered into a Memorandum of Understanding (MOU) with the department to administer the driving skills test for a non-commercial driver license on the department's behalf.(2) Examiner--An individual certified by the department to conduct a skills test.(3) Successor in interest--Change of ownership of a business that is carried on and controlled substantially as it was before the ownership change.(b) An organization is eligible to enter into a MOU with the department and to administer a skills test for a non-commercial driver license if it:(1) Maintains a valid driver education school license issued by the Texas Department of Licensing and Regulation (TDLR);(2) Has held the driver education school license issued by the TDLR for a minimum of one year;(3) Ensures completion of the appropriate Impact Texas Drivers (ITD) curriculum to its driver education students; and(4) Complies with the requirements of the MOU with the department.(c) An individual employed by an AO is eligible to become an examiner and conduct skills tests if he or she:(1) Maintains a valid driver education instructor license issued by the TDLR;(2) Has held the driver education instructor license issued by the TDLR for at least one year;(3) Maintains a valid, unexpired Texas driver license;(4) Has not been convicted of:(A) Any felony;(B) Criminally negligent homicide;(C) Driving while intoxicated within seven years; or(D) Driving under the influence within seven years.(5) Does not have six or more points assigned to his or her Texas driver license;(6) Has successfully completed the department prescribed training set out in the MOU; and(7) Conforms to the standards of the MOU between the department and his or her employer.</content><note type="source"><p>Source Note: The provisions of this §15.61 adopted to be effective March 16, 2014, 39 TexReg 1724; amended to be effective November 2, 2017, 42 TexReg 6031.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.62"><num value="15.62">§15.62</num><heading>Additional Requirements</heading><content>(a) All skills examination applicants must complete the appropriate Impact Texas Drivers (ITD) program and obtain proof of program completion.(1) Applicants younger than 18 years of age who are required to complete an approved Parent Taught Driver Education or Minor and Adult Driver Education course shall complete the Impact Texas Teen Drivers (ITTD) program after completion of behind the wheel driver education requirements and prior to taking the skills examination. (2) Applicants ages 18 years of age or older must complete an ITD program prior to taking the skills examination. Applicants 18 years of age or older can complete either the Impact Texas Adult Drivers (ITAD) program or the ITTD program.(b) The proof of appropriate ITD program completion must be provided to the testing entity prior to administration of the skills examination and no later than ninety (90) days after program completion.(c) Applicants conducting original or renewal driver license transactions at a driver license office are required to complete a vision test in addition to any other tests required by the department.</content><note type="source"><p>Source Note: The provisions of this §15.62 adopted to be effective March 15, 2017, 42 TexReg 1151; amended to be effective March 8, 2021, 46 TexReg 1511; amended to be effective March 5, 2025, 50 TexReg 1695.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.63"><num value="15.63">§15.63</num><heading>Out of State Examinations and Applications</heading><content>(a) Driver license examinations and services may be provided to nonresidents at the request of the licensing jurisdiction or licensee to allow the licensing jurisdictions to renew, restrict, endorse, or reinstate a license for a person who is absent from that jurisdiction.(b) The Department of Public Safety will conduct and honor driver license examinations and services for the agency responsible for the driver license programs in any U.S. state, U.S. territory, the District of Columbia, a Canadian province, or U.S. or Canadian military base located outside the continental limits of the U.S. and Canada.(c) Examinations for the Department of State. Examinations for the United States Department of State will be conducted by driver license personnel for the issuance of a Department of State driver license. Examinations may include vision, knowledge, and skills examinations. Unless provided by the Department of State, Texas examinations will be administered. Examination results will be recorded on documents provided by the Department of State.</content><note type="source"><p>Source Note: The provisions of this §15.63 adopted to be effective March 15, 2016, 41 TexReg 1863.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scC/s15.64"><num value="15.64">§15.64</num><heading>Examinations Administered by Other Entities</heading><content>(a) Prior to application for a learner license, the driver education school, or parent taught driver education course provider may administer the Class C Road Signs exam and the Class C Road Rules exam to each student.(1) The student must achieve a score of at least 70% on each exam to pass.(2) The exams shall be administered in accordance with the guidelines detailed in subparagraph (A) and subparagraph (B) of this paragraph:(A) The driver education school or parent taught driver education course provider will obtain the exams from the department or the Texas Department of Licensing and Regulation (TDLR) and may reproduce and electronically administer the exams if the most current version available from the department or TDLR is used. The exams will be available in English and Spanish. Other languages and oral exams must be referred to a driver license office. Exam results will be recorded on the Texas Driver Education Certificate. No student shall be examined prior to his or her 15th birthday.(B) The exams may not be reviewed prior to examination. The driver education school, or parent taught driver education course provider may review exams after completion, but may not provide copies of the exams to the student.(b) An applicant must complete a vision exam.(1) Applicants completing a parent taught driver education course are required to take and pass the vision exam at a driver license office.(2) Applicants completing a driving education course may take the vision exam at the school. The driver education school may administer the vision exam using a suitable device that utilizes the Snellen Method of Measurement and American Medical Association (AMA) Visual Efficiency Rating to accurately measure the student's visual acuity.(A) The device must be used in a manner consistent with the procedures prescribed by the device manufacturer.(B) The results of the student's visual acuity will be recorded on the Texas Driver Education Certificate. A student with obvious visual problems shall be referred to the driver license office for examination and any necessary referrals to a vision specialist.(C) Upon presentation of a Texas Driver Education Certificate including the results of a student's visual acuity, the driver license office personnel shall evaluate the exam results and if vision limitations are present, add the proper restriction(s) to the learner license.(c) The Texas Driver Education Certificate shall be completed and dated on the same day examination requirements are completed. The certificate will serve as verification to the department that the student has met the training and examination requirements.</content><note type="source"><p>Source Note: The provisions of this §15.64 adopted to be effective May 19, 2021, 46 TexReg 3144.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scD"><num value="D">SUBCHAPTER D</num><heading>DRIVER IMPROVEMENT</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.81"><num value="15.81">§15.81</num><heading>Definition of Terms</heading><content>The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Address of record--refers to the address established as the licensee's residence address that is on record with the department.(2) Hearing location--will be determined by the address of record at the time the notice of suspension is sent. However, if the licensee denotes a new address on the request for hearing that address will be used for setting the hearing.(3) Mailing address--an official address provided by the licensee through application for an original, renewal or duplicate license.(4) Reexamination of drivers--will normally consist of a comprehensive review of the required examinations including the vision, rules and signs tests, and a driving demonstration. The driving demonstration is to determine if restrictions or limitations should be imposed, and may be more intensive than a routine driving test. Guidelines for requiring the reexamination include:(A) minimum of six entries (convictions for moving violations and accidents where negligence is indicated) in a two-year period with a minimum of 3 entries within the 12 month period proceeding the examination request;(B) determined by a Driver Improvement and Compliance Bureau analyst following a review of two or more accidents within a 12-month period in which the licensee was at fault;(C) recommendation by proper medical authority following a professional evaluation of the medical facts; or(D) recommendation by an experienced field representative of the department or any law enforcement agency following a thorough investigation showing clear and convincing evidence that such examination is reasonable and necessary.(5) Reliable report--refers to any report that can be verified or substantiated.</content><note type="source"><p>Source Note: The provisions of this §15.81 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective June 22, 2004, 29 TexReg 5945; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.82"><num value="15.82">§15.82</num><heading>Notice of Suspension, Disqualification or Revocation, Order of Suspension, Disqualification and Revocation</heading><content>(a) Notice of the department's determination of suspension, disqualification or revocation will be mailed to the licensee's mailing address or address of record by first class mail.(b) The notification will include the statutory grounds for the department's action, effective dates of the suspension, disqualification, or revocation, the persons right to a hearing, how to request the hearing, and the time period in which the person can request the hearing.(c) The notice of suspension, revocation or disqualification shall be mailed by the department on the date of the notice. It is presumed received five days after that date.(d) If the licensee does not request a timely hearing or a judge affirms the department's action, the department will mail to the licensee's mailing address or address of record an order of suspension, revocation or disqualification. The order will contain the dates of the suspension, revocation, or disqualification, and any necessary information for the reinstatement of the license. If the department has been notified that the address of record is no longer valid, a notice will not be mailed.</content><note type="source"><p>Source Note: The provisions of this §15.82 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.83"><num value="15.83">§15.83</num><heading>Hearing Requests</heading><content>(a) Hearing request must be in writing, correct and timely. In order to be considered timely, a hearing request containing all the information set forth in subsection (b) of this section must be received by the 15th day after the notice is presumed to have been received, according to the records of the department.(b) The hearing request must contain the following information:(1) full legal name;(2) date of birth; and(3) driver license number.(c) The written hearing request may be mailed, e-mailed or faxed to the department's Driver Improvement and Compliance Bureau in Austin at the address, e-mail address or fax number provided on the notice of suspension, revocation or disqualification.(d) A hearing request that fails to include one or more of the items of information required by subsection (b) of this section, or provides incorrect information, will not be deemed to be timely or correctly received. Nothing in this section is intended to prevent a person making a hearing request from supplementing or correcting information contained in a hearing request, provided that such supplementation or correction is received by the department before the deadline for requesting a hearing as set out in subsection (a) of this section.(e) A hearing request that is not delivered to the department in the manner prescribed in subsection (c) of this section will not be honored.(f) The department shall reject any untimely or incorrectly filed hearing requests. When a hearing request is received and rejected, the department shall mail written notice to the individual that the hearing request was received and rejected, and state the reason for the rejection.(g) Upon receipt of a timely and correctly submitted hearing request the department shall schedule a hearing on the matter and mail written notification of the hearing date and time.(h) If the licensee clearly denotes on the hearing request a residence address different than what is on file with the department, the department will schedule the hearing according to the new address. This report of an alternate address will not constitute a change of address and will not update the licensee's official driver record. The licensee must also file a change of address form with the department, in accordance with Texas Transportation Code, §521.054.</content><note type="source"><p>Source Note: The provisions of this §15.83 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.84"><num value="15.84">§15.84</num><heading>Hearing</heading><content>(a) The hearing will be scheduled by the department in the county of residence as indicated in the department's records at the time the notice was mailed to the individual or as provided by the licensee on the hearing request.(b) If the licensee is no longer a resident of Texas, the hearing will be scheduled in the last known county of residence, as indicated in the department's records.(c) A request to reschedule or continue the hearing must be made through the court and the department's hearing examiner. Phone number and addresses of both parties will be provided in the hearing notification.(d) The presiding officer will make a determination on the evidence provided at the hearing. If the presiding officer affirms the department's recommendation to suspend the driver license or to disqualify the commercial driver license, the length of the suspension or disqualification shall be set according to the appropriate statute. The presiding officer may probate the suspension of a driver license. Revocations and disqualifications cannot be probated.(e) Evidence from the department may include a certified copy of the driving record, reliable report, or other documents maintained by the department. If the person does not have a Texas driver license the department may introduce a copy of the driver history information maintained by the department.</content><note type="source"><p>Source Note: The provisions of this §15.84 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective September 7, 2014, 39 TexReg 6875.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.85"><num value="15.85">§15.85</num><heading>Appeals</heading><content>(a) A licensee may appeal an affirmative finding by the presiding judge.(b) The 30-day period for filing an appeal begins the date the department's suspension, revocation or disqualification order is dated and mailed.(c) To perfect service on the department of a judicial appeal of a final order of the presiding officer, a defendant must send a file-stamped copy of the defendant's appeal petition certified by the clerk of the court in which the petition is filed, to the department's Driver Improvement and Compliance Bureau at its headquarters in Austin. A suspension will not be stayed until service is perfected according to this subsection.(d) A 90-day stay will be effective from the date the Driver Improvement and Compliance Bureau receives the certified file-stamped petition. If there has not been a final decision by the appellate court, on the 91st day the department shall impose the suspension, probated suspension, disqualification, or revocation.(e) If an affirmative finding by the presiding officer is reversed on appeal, the appellant shall notify the department by mailing a file-stamped copy of the judgment from the appellate court to the department's Driver Improvement and Compliance Bureau in Austin. This address is provided on the original notice of suspension, revocation or disqualification. Upon verification, the department shall lift the suspension, revocation or disqualification, which will be indicated on the individual's driving record.</content><note type="source"><p>Source Note: The provisions of this §15.85 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.86"><num value="15.86">§15.86</num><heading>Driver License Denials</heading><content>(a) If an applicant for a Texas license is found to have been convicted in any state on a charge which carries an automatic suspension of license, he/she will be denied a license for the remaining period of the suspension that would have been effective had the applicant been properly licensed at the time of such conviction.(b) Applicants found to be ineligible for license under the provisions of Texas Transportation Code, §§521.201, 521.202, 521.203, and 521.204, will be denied a license.(c) All denials invoked as provided by subsection (b) of this section, must be supported by adequate evidence obtained through examinations, signed documents, or hearings to substantiate legal basis for such action.(d) Acting under the authorization of Texas Transportation Code, §521.042(d), the department will not issue or renew a license when the applicant's record is found upon examination to be such as to make him subject to suspension or revocation under the law.(e) Applicant or licensee denied license will be notified of denial and reasons therefor.</content><note type="source"><p>Source Note: The provisions of this §15.86 adopted to be effective February 6, 2001, 26 TexReg 1162.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.87"><num value="15.87">§15.87</num><heading>Cancellation of Driver License</heading><content>The department will cancel a driver license upon confirmation of any of the following:(1) nonpayment of fee;(2) all applicants suspended in another state;(3) death of authorizing signer;(4) withdrawal of authorization for a minor;(5) mental incapacity;(6) some false statement convictions;(7) failure to complete a concurrent driver education course;(8) license issued to person not entitled thereto.</content><note type="source"><p>Source Note: The provisions of this §15.87 adopted to be effective February 6, 2001, 26 TexReg 1162; amended to be effective December 13, 2009, 34 TexReg 8786.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.88"><num value="15.88">§15.88</num><heading>Demand for Surrender</heading><content>(a) The department may demand the surrender of a person's driver license or identification card when state law authorizes the surrender.(b) A driver license or identification card that is suspended, revoked, canceled, disqualified, or denied that is not demanded to be surrendered by the department can be held by the individual and used for identification purposes only. Actual possession of the driver license does not provide the individual whose driver license is suspended, revoked, canceled, disqualified, or denied authorization to operate a motor vehicle.</content><note type="source"><p>Source Note: The provisions of this §15.88 adopted to be effective February 24, 2002, 27 TexReg 1180; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.89"><num value="15.89">§15.89</num><heading>Moving Violations</heading><content>(a) Moving violations are an act committed in connection with the operation of a motor vehicle on a public street or highway, which constitutes a hazard to traffic and is prohibited by state law or city ordinance.(b) A list of traffic offenses that constitute a moving violation is detailed in the graphic in this subsection.Attached Graphic(c) Moving violations include:(1) a violation of the traffic law of this state, another state, or a political subdivision of this or another state; and(2) an offense under Texas Transportation Code, §545.412. (d) Moving violations do not include:(1) an offense committed before September 1, 2003;(2) the offense of speeding when the person convicted was at the time of the offense driving less than 10 percent faster than the posted speed limit, unless the person committed the offense in a school crossing zone;(3) an offense adjudicated under Code of Criminal Procedure, Chapter 45A, Subchapter G or H; or(4) an offense under Texas Transportation Code, §545.4251.</content><note type="source"><p>Source Note: The provisions of this §15.89 adopted to be effective June 22, 2004, 29 TexReg 5945; amended to be effective November 28, 2005, 30 TexReg 7889; amended to be effective June 8, 2006, 31 TexReg 4659; amended to be effective July 11, 2010, 35 TexReg 5899; amended to be effective September 7, 2014, 39 TexReg 6875; amended to be effective December 29, 2019, 44 TexReg 8025; amended to be effective January 1, 2025, 49 TexRe 10656.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scD/s15.90"><num value="15.90">§15.90</num><heading>Deferral of Enforcement Actions for Victims of Identity Theft</heading><content>(a) The department is authorized to remove a mandatory enforcement action that is a result of an offense committed by a person who used another person's identity.(b) The removal of the mandatory enforcement action is only allowed for the victim of the identity theft.(c) The department will also remove any administrative enforcement action(s) or fee(s) related to identity theft.(d) The person will be required to complete a department approved identity theft application and submit the required documentation proving he/she is a victim of identity theft.(e) An identity theft application submitted without the required supporting documentation will be denied and a denial notice will be sent to the applicant.(f) If an identity theft application is approved, an approval notice will be sent to the applicant.(g) Acceptable documentation to prove identity theft includes:(1) A completed and signed investigation by a law enforcement officer proving the identity theft was sustained, as defined by Penal Code, §32.51.(2) A court document or order completed and signed by a judge of a court identifying the person who was a victim of identity theft.(3) A document(s) acceptable to the department that indicate the offense(s) that were a result of the identity theft or the exact time period that the identity theft occurred.(h) The department will remove only those enforcement actions or fees that are a result of the identity theft.(i) If the department is able to identify the true identity of the person who committed the offense(s) from the documentation provided or through further investigation, then the department will apply the enforcement action to that person.(j) If the person who committed the identity theft obtained a Texas driver license or identification card using the stolen identity, the department will cancel this card and take any further action necessary to protect the victim of the identity theft.(k) If the department receives notification that an approved applicant has falsified the identity theft application or is subsequently convicted of an offense of falsification under Penal Code, §37.08, any enforcement action(s) and fee(s) removed will be reapplied to that person's driver record.</content><note type="source"><p>Source Note: The provisions of this §15.90 adopted to be effective June 11, 2012, 37 TexReg 4253.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scF"><num value="F">SUBCHAPTER F</num><heading>REGULATIONS IN MAINTAINING DRIVER RECORDS</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scF/s15.101"><num value="15.101">§15.101</num><heading>Records Required</heading><content>(a) All courts having jurisdiction over violations of the traffic laws of Texas are required by statute to report such convictions to the department.(b) The department is required by law to maintain records on licensed drivers, including convictions for traffic law violation charges and incidents of crash involvement. Prior to licensing or relicensing an individual, an examination is to be made of the records and applicants with a history of convictions for traffic violations and incidents of crash involvement and can be denied a license as being inimical to public safety.(c) The department shall not be required to maintain such records when, in the opinion of the director, they are no longer necessary for the purpose of suspension, revocation, cancellation, disqualification, or denial of a driver license.(1) Records of original application, examination and reports of convictions resulting in automatic suspension are kept on microfilm electronic image, or any other technology which may be approved by the Director. History records containing conviction, crash and administrative information on the licensee are kept in computer form.(2) The department interprets its responsibility for record keeping to identify those drivers experiencing difficulty in the operation of a motor vehicle involving the safety and welfare of others and considers these factors in withholding or withdrawing an individual's driving privileges as provided by statute.(3) Violations creating a hazard to other persons or property are maintained.(4) Convictions resulting in automatic suspension of license are kept indefinitely. Those convictions not resulting in automatic suspension of license and incidents of accident involvement are removed from the record by administrative authority granted by statute.</content><note type="source"><p>Source Note: The provisions of this §15.101 adopted to be effective January 1, 1976; amended to be effective January 29, 1985, 10 TexReg 174; amended to be effective December 13, 2009, 34 TexReg 8787.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scG"><num value="G">SUBCHAPTER G</num><heading>DENIAL OF RENEWAL OF DRIVER LICENSE FOR FAILURE TO APPEAR FOR TRAFFIC VIOLATION</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scG/s15.113"><num value="15.113">§15.113</num><heading>Contract with Private Vendor</heading><content>The department may contract with a private vendor to implement the provisions of Texas Transportation Code, Chapter 706. The vendor shall be the primary custodian of all failure to appear violator records and will receive and process reports from contracting local political subdivisions. The vendor will also maintain readily accessible customer-support services, including a toll-free telephone service, to advise license holders on how to contact the court in which the failure to appear or failure to pay report originated.</content><note type="source"><p>Source Note: The provisions of this §15.113 adopted to be effective January 10, 2002, 27 TexReg 276; amended to be effective December 13, 2009, 34 TexReg 8787.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scG/s15.114"><num value="15.114">§15.114</num><heading>Originating Court To File Failure To Appear Report</heading><content>If a person fails to appear or fails to pay or satisfy a judgment as provided in Texas Transportation Code, Chapter 706, a local political subdivision may submit a report to the contract vendor for entry into the failure to appear/failure to pay database. The local political subdivision shall make reasonable efforts to ensure that each report is accurate, complete, and nonduplicative. The report shall include information as prescribed by the department.</content><note type="source"><p>Source Note: The provisions of this §15.114 adopted to be effective January 10, 2002, 27 TexReg 276; amended to be effective December 13, 2009, 34 TexReg 8787.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scG/s15.115"><num value="15.115">§15.115</num><heading>Criminal Charge Not Required</heading><content>It is neither required nor prohibited that a criminal charge be filed or a warrant be issued based on the person's violation of a promise to appear or failure to pay or satisfy a judgment ordering the payment of a fine or a cost in the manner provided by the court.</content><note type="source"><p>Source Note: The provisions of this §15.115 adopted to be effective January 10, 2002, 27 TexReg 276.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scG/s15.116"><num value="15.116">§15.116</num><heading>Local Ordinances</heading><content>If the offense alleged is a violation of local ordinance, but not state law, the department may require the political subdivision to provide the department with a copy of the local ordinance alleged to have been violated. Upon such request, the political subdivision shall certify that the ordinance is currently in effect and shall provide any other information required by the department. The department shall determine whether the local ordinance meets the statutory criteria for enforcement under this section.</content><note type="source"><p>Source Note: The provisions of this §15.116 adopted to be effective January 10, 2002, 27 TexReg 276.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scG/s15.117"><num value="15.117">§15.117</num><heading>When Denial May Be Imposed</heading><content>On receipt of the necessary information from the local political subdivision, the department may deny renewal of the person's driver license. For purposes of this section, the department may deny renewal of an applicant's driver license at any time before mailing the completed driver license document.</content><note type="source"><p>Source Note: The provisions of this §15.117 adopted to be effective January 10, 2002, 27 TexReg 276.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scG/s15.118"><num value="15.118">§15.118</num><heading>Clearance Report</heading><content>The local political subdivision shall file a clearance report when there is no cause to continue to deny renewal of a person's driver license. In all cases when a clearance report is required, the political subdivision shall notify the department or the department's designee within a reasonable time not to exceed two business days. The clearance report shall identify the person, state whether or not a fee was required, advise the department to lift the denial of renewal, and state the grounds for the action.</content><note type="source"><p>Source Note: The provisions of this §15.118 adopted to be effective January 10, 2002, 27 TexReg 276; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scH"><num value="H">SUBCHAPTER H</num><heading>ADVERTISING</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scH/s15.131"><num value="15.131">§15.131</num><heading>Advertising in Texas Driver Handbook and Driver License Mailings</heading><content>The department may contract with a person or a small or large business to provide advertising in any Texas Driver Handbook or mailing. The ad price will be based on circulation at the time of ad purchase, ad placement, and printing costs. The frequency of printing the handbooks or mailings is driven by the department.(1) All advertisements solicited by the department must be in good taste and must be approved by the appropriate department authority prior to use in the handbook or mailings.(2) The following subjects or types of advertising may not be included in the handbook or mailings:(A) religious ads;(B) controversial organizations;(C) ballot measures;(D) tobacco ads;(E) ads contrary to agency goals;(F) political ads;(G) gambling ads;(H) controversial issues;(I) alcoholic beverage ads;(J) personal or offensive issues; and(K) ads which mention the department anywhere in the advertisement.(3) The department reserves the right to add additional exclusions if warranted to be in the public's best interest.</content><note type="source"><p>Source Note: The provisions of this §15.131 adopted to be effective February 15, 2000, 25 TexReg 1128; amended to be effective December 13, 2009, 34 TexReg 8788.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scI"><num value="I">SUBCHAPTER I</num><heading>RELEASE OF DRIVER RECORD INFORMATION</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.141"><num value="15.141">§15.141</num><heading>Bulk Requests for Driver Record Information</heading><content>(a) The department will release personal information to qualified requestors only after a written agreement has been signed by both parties.(b) The terms of the agreement must be strictly adhered to.(c) Any violation of any clause or term of the agreement will result in the termination of the agreement and the loss of the requestor's ability to receive driver record information from the department.</content><note type="source"><p>Source Note: The provisions of this §15.141 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.142"><num value="15.142">§15.142</num><heading>Agreement to Monitor Certain Records and Purchase Driver Record Information</heading><content>(a) Fees for the driver record monitoring program are set by contract based on the volume of records purchased during the contract period and are no less than $.06 per record per month monitored and no more than $.20 per record per month monitored.(b) The department approved Agreement Form will be used by all parties desiring to monitor certain records and/or purchase driver record information. The agreement will contain:(1) All names used by the requestor, including names of all sub parties and companies making up the requestor's entity.(2) All web address internet sites (Uniform Resource Locator - URL) used by the requestor.(3) Nature of the entity's business practices.(4) Detailed explanation of the intended uses of the requested information.(5) Copies of agreements used by the requestor to release driver record information to third parties.(6) Any additional material provided to third party requestors detailing the process in which they obtain driver record information and describing their limitations as to how this information may be used.(c) If the department determines any of the information provided is incomplete, inaccurate, or does not meet statutory requirements the department will not enter into an agreement to release driver record information.</content><note type="source"><p>Source Note: The provisions of this §15.142 adopted to be effective August 20, 2002, 27 TexReg 7544; amended to be effective March 16, 2014, 39 TexReg 1726; amended to be effective November 2, 2017, 42 TexReg 6031; amended to be effective January 3, 2019, 43 TexReg 8631.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.143"><num value="15.143">§15.143</num><heading>Re-disclosure to Third Parties</heading><content>(a) The recipient is responsible to ensure that any party to which they release the driver record information complies with all federal and state laws on the release of the information. This would include requiring each party to certify that he/she will only release information to other third parties who meet a permissible use and who will certify to release driver record information to only other parties that meet this requirement.(b) If it is determined by the department that an improper disclosure of personal information has been made by any party that directly or indirectly obtained the driver record information from the recipient, the recipient's agreement with the department will be canceled.</content><note type="source"><p>Source Note: The provisions of this §15.143 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.144"><num value="15.144">§15.144</num><heading>Records to be Maintained by Recipients</heading><content>(a) The recipient must maintain records as to any resale or re-disclosure of driver record information to another party.(b) The records must be maintained for 5 years and must include:(1) The name of any person or entity to whom the re-disclosure was made;(2) The permitted use for which the information was released;(3) Any documents demonstrating an agreement limiting further re-disclosures;(4) Contact information for the person or entity the record was released to.</content><note type="source"><p>Source Note: The provisions of this §15.144 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.145"><num value="15.145">§15.145</num><heading>Department Review of Recipient's Records</heading><content>(a) The department has the statutory authority to request and review the recipient's records required in §15.144 of this title (relating to Records to be Maintained by Recipients).(b) This request will be made in writing to the recipient.(c) The recipient must provide the requested information within 30 days of the date of the department's request.(d) Failure to fully respond to this request will result in the termination of the agreement.(e) Upon receipt of the requested information the department will evaluate for compliance with the agreement, rules and statutes.(f) Upon determination that a recipient is not in compliance, the agreement will be terminated immediately and written notice mailed to the recipient.</content><note type="source"><p>Source Note: The provisions of this §15.145 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.146"><num value="15.146">§15.146</num><heading>Ineligibility to Receive Personal Information</heading><content>(a) If a person or entity is determined by the department to have violated a clause or term of the agreement and the agreement has been terminated, that person or entity cannot enter into a subsequent agreement with the department to obtain driver record information.(b) An entity is defined, for purposes of this section, as a partnership, corporation, business, professional association, joint stock company, nonprofit organization, and governmental entity. Should any one person or portion of the entity become ineligible to receive driver record information under Texas Transportation Code, §730.016 then the entity is also ineligible to receive this information</content><note type="source"><p>Source Note: The provisions of this §15.146 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.147"><num value="15.147">§15.147</num><heading>Interactive Access for Driver History Information</heading><content>(a) In addition to the requirements listed in this subchapter, requestors receiving driver history information via the interactive system must provide the information required under §15.144 of this title in an electronic format.(b) For release of information in this manner, a maximum number of daily transactions will be stipulated in the agreement. This maximum number will not be exceeded without prior approval from the department.</content><note type="source"><p>Source Note: The provisions of this §15.147 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.148"><num value="15.148">§15.148</num><heading>Individual Requests for Driver Record Information</heading><content>(a) Individual requests for driver record information must be made on the department approved forms.(b) The requestor must provide all required information and certify to the statutory requirements granting access.(c) If it is determined by the department that the requestor has violated this certification, the requestor will be ineligible to receive driver record information.</content><note type="source"><p>Source Note: The provisions of this §15.148 adopted to be effective August 20, 2002, 27 TexReg 7544.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scI/s15.149"><num value="15.149">§15.149</num><heading>Deleting Personal Information When Not An Authorized Recipient</heading><content>Any recipient of driver record information shall delete from its records any personal information obtained from the department if the requestor becomes aware that it is not an authorized recipient of that information in accordance with Chapter 730 of the Texas Transportation Code.</content><note type="source"><p>Source Note: The provisions of this §15.149 adopted to be effective May 8, 2022, 47 TexReg 2563.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scK"><num value="K">SUBCHAPTER K</num><heading>INTERAGENCY AGREEMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scK/s15.171"><num value="15.171">§15.171</num><heading>Identifying Document for Offenders/Memorandum of Understanding</heading><content>(a) The Texas Department of Public Safety (DPS) adopts a memorandum of understanding with the Texas Department of Criminal Justice (TDCJ) and Department of State Health Services (DSHS) concerning the respective responsibilities of DPS, TDCJ and DSHS in implementing the issuance of personal identification certificates to qualified inmates preparing for release.(1) The memorandum of understanding is required by Texas Government Code, §501.0165.(2) Copies of the memorandum of understanding are filed with the TDCJ, 8610 Shoal Creek Boulevard, Austin, Texas 78758; DSHS, 1100 West 49th Street, Austin, Texas 78756; and with DPS, 5805 N. Lamar Boulevard, Austin, Texas 78752 and may be reviewed during regular business hours.(b) DPS adopts a memorandum of understanding with the Texas Juvenile Justice Department (TJJD) and DSHS concerning the respective responsibilities of DPS, TJJD, and DSHS in implementing the issuance of state identification to qualified minor offenders prior to discharge or release.(1) The memorandum of understanding is required by Texas Human Resources Code, §245.0536.(2) Copies of the memorandum of understanding are filed with the TJJD, 1711 San Jacinto Boulevard, Austin, Texas 78758; DSHS, 1100 West 49th Street, Austin, Texas 78756; and with DPS, 5805 N. Lamar Boulevard, Austin, Texas 78752 and may be reviewed during regular business hours.</content><note type="source"><p>Source Note: The provisions of this §15.171 adopted to be effective March 13, 2013, 38 TexReg 1697; amended to be effective May 13, 2015, 40 TexReg 2575; amended to be effective March 3, 2022, 47 TexReg 953.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scK/s15.172"><num value="15.172">§15.172</num><heading>Issuance by Counties and Municipalities</heading><content>A county or municipality may enter into a Memorandum of Understanding with the department for the program to issue certain renewal and duplicate driver licenses, personal identification certificates, and election identification certificates if it:(1) has employees who have successfully passed the department's background check;(2) has employees who have successfully completed the department prescribed training set out in the Memorandum of Understanding; and(3) conforms to the operating requirements and standards of the Memorandum of Understanding between the department and the county or municipality.</content><note type="source"><p>Source Note: The provisions of this §15.172 adopted to be effective May 6, 2014, 39 TexReg 3598; amended to be effective July 7, 2016, 41 TexReg 4863; amended to be effective January 11, 2018, 43 TexReg 238.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scK/s15.173"><num value="15.173">§15.173</num><heading>Issuance to Civilly Committed Individuals/Memorandum of Understanding</heading><content>(a) The Texas Department of Public Safety (DPS) adopts a memorandum of understanding with the Texas Civil Commitment Office (TCCO) and Department of State Health Services (DSHS) concerning the respective responsibilities of DPS, TCCO, and DSHS in implementing the issuance of driver licenses and personal identification certificates to civilly committed individuals.(b) The memorandum of understanding is required by Texas Health and Safety Code, §841.153(c).(c) Copies of the memorandum of understanding are filed with the TCCO, 4616 West Howard Lane, Building 2, Suite 350, Austin, Texas 78752; DSHS, 1100 West 49th Street, Austin, Texas 78756; and with DPS, 5805 N. Lamar Blvd., Austin, Texas 78752 and may be reviewed during regular business hours.</content><note type="source"><p>Source Note: The provisions of this §15.173 adopted to be effective January 3, 2019, 43 TexReg 8632.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scK/s15.174"><num value="15.174">§15.174</num><heading>Interagency Application Fees</heading><content>(a) Texas agencies may enter into a memorandum of understanding with the department based on §15.171 of this title (relating to Identifying Document for Offenders/Memorandum of Understanding) that allows the issuance of driver licenses and personal identification certificates.(b) Texas agencies that adopt and issue an original, renewal, or duplicate personal identification (ID) certificates, are required to provide the proper fee for each processed ID certificate application.(1) The fee for an original or renewed ID card is $5; and(2) The fee for a duplicate ID card is the statutory fee of $10.(c) Texas agencies that adopt and issue an original, renewal, or duplicate driver license (DL), are required to provide the proper fee for each processed DL application.(1) The fee for an original or renewed driver license is $5; and(2) The fee for a duplicate driver license is the statutory fee of $10.(d) Texas agencies that adopt and issue an original, renewal, or duplicate commercial driver license (CDL), are required to provide the proper fee for each processed CDL application. The fees for commercial driver license transactions are established in Transportation Code, §522.029.</content><note type="source"><p>Source Note: The provisions of this §15.174 adopted to be effective July 2, 2023, 48 TexReg 3416.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c15/scL"><num value="L">SUBCHAPTER L</num><heading>ELECTION IDENTIFICATION CERTIFICATE</heading><section identifier="/us/state/tx/tac/t37/p1/c15/scL/s15.181"><num value="15.181">§15.181</num><heading>Eligibility for Election Identification Certificate</heading><content>(a) An applicant must be at least 17 years and 10 months of age in order to apply for an election identification certificate.(b) An applicant must affirm that the person is obtaining the certificate for the purpose of satisfying Election Code, §63.001(b) and does not have another form of identification described by Election Code, §63.0101.(c) An applicant must:(1) Be a registered voter in this state and present a voter registration card issued to the individual; or(2) Be eligible for voter registration under Election Code, §13.001 and submit an application for voter registration.(d) An applicant who has been issued any of the following documents is not eligible to receive an election identification certificate:(1) A driver license, election identification certificate, or personal identification certificate issued by the department that has not expired or that expired no earlier than four years before the date of application;(2) A United States military identification card that contains the person's photograph that has not expired or that expired no earlier than four years before the date of application;(3) A United States citizenship certificate issued to the person that contains the person's photograph;(4) A United States passport issued to the person that has not expired or that expired no earlier than four years before the date of application; or(5) A license to carry or a concealed handgun license issued to the person by the department that has not expired or that expired no earlier than four years before the date of application.</content><note type="source"><p>Source Note: The provisions of this §15.181 adopted to be effective December 13, 2011, 36 TexReg 8384; amended to be effective November 17, 2022, 47 TexReg 7560.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scL/s15.182"><num value="15.182">§15.182</num><heading>Identification of Applicants</heading><content>An applicant for an election identification certificate must provide documents satisfactory to the department. All documents must be verifiable.(1) An original applicant for an election identification certificate must present:(A) One piece of primary identification;(B) Two pieces of secondary identification; or(C) One piece of secondary identification plus two pieces of supporting identification.(2) Primary Identification. A Texas driver license or personal identification card issued to the person that has been expired for 60 days and is within two years of expiration date may be presented as primary identification.(3) Secondary identification. These items are recorded governmental documents (United States, one of the 50 states, a United States territory, or District of Columbia):(A) Original or certified copy of a birth certificate issued by the appropriate State Bureau of Vital Statistics or equivalent agency;(B) Original or certified copy of United States Department of State Certification of Birth (issued to United States citizens born abroad);(C) Original or certified copy of court order with name and date of birth (DOB) indicating an official change of name and/or gender; or(D) U.S. citizenship or naturalization papers without identifiable photo.(4) Supporting identification. The following items consist of other records or documents that aid examining personnel in establishing the identity of the applicant:(A) voter registration card;(B) school records;(C) insurance policy (at least two years old);(D) Texas vehicle or boat title or registration;(E) military records;(F) unexpired military dependant identification card;(G) original or certified copy of marriage license or divorce decree;(H) Social Security card;(I) pilot's license;(J) unexpired photo DL or photo ID issued by another (United States) state, U.S. territory, the District of Columbia;(K) expired photo DL or photo ID issued by another (United States) state, U.S. territory, or the District of Columbia that is within two years of the expiration date;(L) an offender identification card or similar form of identification issued by the Texas Department of Criminal Justice;(M) forms W-2 or 1099;(N) Numident record from the Social Security Administration;(O) expired Texas driver license or personal identification certificate (expired more than two years);(P) professional license issued by Texas state agency;(Q) identification card issued by government agency;(R) parole or mandatory release certificate issued by the Texas Department of Criminal Justice;(S) federal inmate identification card;(T) federal parole or release certificate;(U) Medicare or Medicaid card;(V) Selective Service card;(W) immunization records;(X) tribal membership card from federally recognized tribe;(Y) Certificate of Degree of Indian Blood;(Z) Veteran's Administration card;(AA) hospital issued birth record; or(BB) any document that may be added to §15.24 of this title (relating to Identification of Applicants) other than those issued to persons who are not citizens of the U.S.</content><note type="source"><p>Source Note: The provisions of this §15.182 adopted to be effective December 13, 2011, 36 TexReg 8384.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scL/s15.183"><num value="15.183">§15.183</num><heading>Application Requirements</heading><content>(a) An application for an election identification certificate must include:(1) the applicant's full name:(A) A married woman may use her maiden name or she may adopt the surname of her husband or the surname of a previous husband. No name will be used that has not been documented. Middle names will not be substituted for first names. Three full names will be used, unless the applicant does not have three names, including the maiden name. This section applies to both sexes.(i) When change of name occurs because of marriage, divorce, annulment, or death of spouse, the certificate holder may choose to keep her current married name, revert to her maiden name, or adopt a previous husband's surname. Name changes for reasons other than those set out above require a court order verifying such change.(ii) Certificate holders who request a name change may apply for a duplicate and exercise the same privilege in name selection as an original applicant.(B) Foreign language names will be spelled out as they appear on the identification documents presented. English versions of names will not be substituted for the actual name.(C) Ecclesiastical names such as Brother Thomas, Sister Mary, or Father Kelly are not used.(2) the applicant's place and date of birth;(3) the fingerprints of the applicant; this does not apply to an applicant who is permitted and utilizes an alternative method for renewing or duplicating an election identification certificate;(4) a photograph of the applicant;(5) the signature of the applicant; the applicant's usual signature, in ink, is required on all applications for an election identification certificate:(A) The primary purpose of the signature is to identify the applicant and verify the information given on the application.(B) If an applicant cannot write his name, he may make his "mark." This is usually a cross in the place of his signature followed by the applicant's printed name. The Driver License field employee shall sign under the applicant's "mark" showing who printed the applicant's name.(6) a brief description of the applicant;(7) the sex of the applicant;(8) the residence address of the applicant;(9) whether the applicant is a citizen of the United States; and(10) the county of residence of the applicant.(b) Social Security number. Applicants for an election identification certificate will be asked to provide verification of Social Security number documentation. If the applicant fails or refuses to provide that social security information, the election identification certificate will be issued without such documentation unless state or federal statute requires otherwise. Acceptable documents to provide verification of Social Security number are listed in §15.42 of this title (relating to Social Security Number).(c) Notarizations. The applicant must verify original election identification certificate applications before a person authorized to administer oaths. The following officials may administer such oaths or affirmations:(1) within the State of Texas:(A) a judge, clerk, or commissioner of any court of record;(B) a notary public;(C) a justice of the peace;(D) authorized employees of the Department of Public Safety;(2) general:(A) in the absence of evidence to the contrary, it is presumed that all notarizations are legally made;(B) the omission of the seal by officers normally required to use same for notarization invalidates the oath;(C) notarized election identification certificate applications must be dated not more than six months prior to date of application.</content><note type="source"><p>Source Note: The provisions of this §15.183 adopted to be effective December 13, 2011, 36 TexReg 8384.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scL/s15.184"><num value="15.184">§15.184</num><heading>Expiration, Renewal, and Replacement of Election Identification Certificate</heading><content>(a) Expiration.(1) An Election Identification Certificate expires on the first birthday of the cardholder occurring after the sixth anniversary of the date of the application.(2) An Election Identification Certificate issued to a person 70 years of age or older does not expire.(b) Renewal.(1) An applicant for renewal of an election identification certificate must present evidence of eligibility, under §15.181 of this title (relating to Eligibility for Election Identification Certificate) plus one other piece of personal identification if the election identification certificate is not presented, if necessary to identify the applicant, prior to renewal.(2) An election identification certificate may be renewed 12 months before expiration date. Earlier renewals will be accepted for good cause.(3) The department may provide certificate holders with alternate methods of renewing or duplicating an election identification certificate.(c) Applications for Replacements and Corrections. An application for replacement will be accepted in any of the following cases:(1) when an election identification certificate has been lost, destroyed, marred, or mutilated;(2) when there has been a change of name and/or gender.</content><note type="source"><p>Source Note: The provisions of this §15.184 adopted to be effective December 13, 2011, 36 TexReg 8384.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c15/scL/s15.185"><num value="15.185">§15.185</num><heading>Cancellation and Surrender</heading><content>The department may cancel and require surrender of an election identification certificate upon confirmation that the certificate was issued to a person not entitled thereto.</content><note type="source"><p>Source Note: The provisions of this §15.185 adopted to be effective December 13, 2011, 36 TexReg 8384.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c16"><num value="16">CHAPTER 16</num><heading>COMMERCIAL DRIVER LICENSE</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c16/scA"><num value="A">SUBCHAPTER A</num><heading>LICENSING REQUIREMENTS, QUALIFICATIONS, RESTRICTIONS, AND ENDORSEMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.1"><num value="16.1">§16.1</num><heading>General Requirements</heading><content>(a) The Federal Motor Carrier Safety Administration (FMCSA) is the lead federal agency responsible for regulating states' commercial driver license (CDL) programs and providing safety oversight of commercial driver licensing and commercial motor vehicles (CMV). In accordance to the Federal Commercial Motor Vehicle Safety Act, Texas is mandated to follow all federal regulations governing commercial driver licensing. Failure to adhere to or deviating from these regulations can result in the decertification of Texas' CDL program, thereby prohibiting Texas from issuing commercial driver licenses to Texas residents and the withdrawal of federal highway funding in accordance to 49 CFR §§384.401, 384.403 and 384.405.(b) All rules and regulations adopted in this chapter apply to every person, including employers of such persons, who holds a Texas CDL or operates a commercial motor vehicle (CMV) in this state, regardless if they are operating in interstate, foreign, or intrastate commerce.(1) The department incorporates by reference and adopts:(A) The Federal Motor Carrier Safety Regulations, Title 49, Code of Federal Regulations (CFR) Part 383 including all interpretations thereto, as amended through February 3, 2022. Where there is conflict between 49 CFR Part 383 and Texas Transportation Code, Chapter 522, Texas Transportation Code, Chapter 522 controls with the exception of the definition of CMV.(B) 49 CFR §390.5--Definitions.(C) 49 CFR §383.3(i)--related to hazardous materials endorsement exemption for certain drivers transporting diesel.(2) The CFR permits states discretion to exempt or not exempt certain individuals from CDL standards, requirements, and penalties. The department, utilizing the discretion permitted by the CFR, does not adopt the CFR exemptions detailed in subparagraph (A) - (C) of this paragraph:(A) 49 CFR §383.3(d)(3)--related to drivers employed by a local government for the purpose of removing snow and ice from roadways.(B) 49 CFR §383.3(e)--related to certain restricted CDL issued in the State of Alaska.(C) 49 CFR §383.3(g)--related to restricted CDL for certain drivers in the pyrotechnic industry.(3) The Federal Commercial Motor Vehicle Safety Act and the CFR allows states to enact laws and regulations that are stricter than the federal requirements. The department does not adopt the CFR provisions detailed in subparagraph (A) and (B) of this paragraph because Texas has enacted stricter requirements.(A) 49 CFR §383.31(a)--related to the requirement that a person must notify the department upon conviction for a motor traffic control violation within 30 days after the date the person has been convicted. Texas Transportation Code, Chapter 522 requires the license holder to report the conviction within 7 days.(B) 49 CFR §383.31(b)--related to the requirement that a person must notify his/her employer upon conviction for a motor traffic control violation within 30 days after the date the person has been convicted. Texas Transportation Code, Chapter 522 requires the license holder to report the conviction within 7 days.</content><note type="source"><p>Source Note: The provisions of this §16.1 adopted to be effective September 14, 2016, 41 TexReg 7117; amended to be effective September 24, 2018, 43 TexReg 6334; amended to be effective December 29, 2019, 44 TexReg 8025; amended to be effective March 9, 2023, 48 TexReg 1315.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.2"><num value="16.2">§16.2</num><heading>Chapter Definitions</heading><content>The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise.(1) Act--Texas Transportation Code, Chapter 522.(2) Disqualifying offense--Has the meaning assigned by Texas Transportation Code, §522.081.(3) Knowledge exam--Written, computerized, or automated exam.(4) Out-of-service order--Has the meaning assigned by 49 CFR §383.5 or Texas Transportation Code, §522.003(23).(5) Recreational vehicle--A vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own mode of power or is mounted on or towed by another vehicle and is driven for personal use.(6) Serious traffic conviction--Has the meaning assigned by Texas Transportation Code, §522.003.(7) Serious traffic violation--Has the meaning assigned by Texas Transportation Code, §522.003(25) and §16.62 of this title (relating to Serious Traffic Violations and Habitual Violators).(8) Skills exam--Driver or road exam.</content><note type="source"><p>Source Note: The provisions of this §16.2 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.3"><num value="16.3">§16.3</num><heading>Persons Exempted</heading><content>Persons exempted from commercial driver license (CDL) requirements are:(1) A person operating a vehicle that is controlled and operated by a farmer which is used to transport agricultural products, farm machinery, or farm supplies to or from a farm and which is not used in the operations of a common or contract carrier and used within 150 miles of the person's farm.(A) Under this exemption, a rancher is considered a farmer.(B) A farmer and his farmhands are equally exempt when the farmhands are in the employ of the farmer.(C) One who purchases a crop in a field and only harvests and transports the produce, but takes no part in the planting and cultivating of the product, is not considered a farmer.(D) One who purchases acres of growing timber and cultivates and harvests it over a period of months or years is considered a farmer.(2) A person operating a fire fighting or emergency vehicle necessary to the preservation of life or property or the execution of emergency governmental functions, whether operated by an employee of a political subdivision or by a volunteer fire fighter, or a fire fighter employed by a private company, for example, a refinery. This would not exempt operators of vehicles used by utility companies.(A) Drivers of industrial emergency response vehicles, including an industrial ambulance are exempt only if the vehicle is operated in compliance with criteria established by the Texas Industrial Fire Training Board or the State Firemen's and Fire Marshall's Association of Texas.(B) Drivers of public or private ambulances are exempt only if they have been issued a license by the Department of State Health Services.(C) Electric company employees repairing downed power lines are not exempt.(3) A person operating a military vehicle or a commercial motor vehicle, when operated for military purposes by military personnel, members of the reserves and national guard on active duty (including personnel on full-time national guard duty), personnel on part-time training duty, and national guard military technicians. This exemption includes the operation of vehicles leased by the United States government for use by the military branches of government.(4) A person operating a vehicle that is a recreational vehicle that is driven for personal use.(A) For purposes of this exemption recreational vehicle means a vehicular type unit primarily designed as temporary living quarters for recreational camping or travel use that either has its own motive power or is mounted on or towed by another vehicle.(B) This exemption includes travel trailers, camping trailers, truck campers, and motor homes.(5) A person operating a vehicle that is owned, leased, or controlled by an air carrier, as defined by Texas Transportation Code, §21.155(d), and that is driven or operated exclusively by an employee of the air carrier only on the premises of an airport, as defined by Texas Transportation Code, §22.001(2), on service roads to which the public does not have access.(6) A person operating a vehicle used exclusively to transport seed cotton modules or cotton burrs.</content><note type="source"><p>Source Note: The provisions of this §16.3 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.4"><num value="16.4">§16.4</num><heading>Manufactured Housing</heading><content>Drivers who transport manufactured housing on highways must have the proper commercial driver license (CDL) if the vehicle meets the weight criteria for a commercial motor vehicle (CMV) as defined in 49 CFR §390.5. In determining whether the towed unit exceeds 10,000 pounds and whether the gross combination weight rating (GCWR) totals 26,001 or more pounds, the manufactured housing being drawn and trailers carrying the manufactured housing are motor vehicles for purposes of the Act.</content><note type="source"><p>Source Note: The provisions of this §16.4 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.5"><num value="16.5">§16.5</num><heading>Qualifications to Drive in Intrastate Commerce</heading><content>A person applying for a commercial driver license (CDL) that authorizes operation of a commercial motor vehicle (CMV) in intrastate commerce must meet the same requirements as those for interstate driving (49 CFR § 391.41), except for:(1) The applicant must be at least 18 years of age.(2) The applicant must have held a driver license for a minimum of 3 years.(3) The applicant must meet the minimum alternative vision standards of 49 CFR §391.44.(4) An applicant may present the department's limb waiver certificate instead of meeting the physical requirements of 49 CFR §391.41. Limb waivers may only be renewed through the Texas Department of Public Safety, Driver License Division Issuance Services, P.O. Box 4087, Austin, Texas 78773-0310.(5) A driver who operates a motor vehicle in intrastate commerce only, and does not transport property requiring a hazardous material placard, and was regularly employed operating a CMV in Texas prior to August 28, 1989, is not required to meet the federal physical and vision standards.(6) A driver who operates a CMV in intrastate commerce only may obtain a limb waiver from the department provided the qualifications detailed in this section are met:(A) Medical certificate required under 49 CFR §391.43; and(B) Pass a comprehensive driving examination in the appropriate class vehicle (equipped with all necessary vehicle modifications) for the CDL that the applicant is applying.(7) An application for a Texas intrastate limb waiver includes a review of the applicant's driving record for the three-year period immediately preceding the date of the application. An applicant may obtain a waiver from the department only if their driving record:(A) contains no suspensions, revocations, disqualifications or cancellations of the driver license based on an alcohol, drug or driving related conviction or an administrative action resulting from the operation of any motor vehicle, including a personal vehicle;(B) contains no involvement in a crash for which a citation was issued resulting in a conviction for a moving violation;(C) contains no convictions for a disqualifying offense or more than one serious traffic conviction during the three-year period, which disqualified or should have disqualified the applicant in accordance with the driver disqualification provisions of Texas Transportation Code, §522.081; or(D) contains no more than two convictions for moving violations in a CMV.(8) If the driving record shows either convictions for moving violations or crash involvement but does not indicate the type of vehicle operated or the number of miles per hour above the posted speed limit, the department may request additional official documentation (e.g., a copy of the citation or crash report, or copies of court records) from the applicant.(9) If the applicant is arrested, cited for, or convicted of any disqualifying offense or other moving violations during the period an application is pending, the applicant must immediately report such arrests, citations, or convictions to the Texas Department of Public Safety, Driver License Division Issuance Services, P.O. Box 4087, Austin, Texas 78773-0310. No waiver determination will be completed while any charge against the applicant, for what would be a disqualifying offense, is still pending. Convictions occurring during the processing of an application will be considered in the overall driving record. The applicant must also report any conviction that is not listed on the driving record because of processing delays. If a subsequent review of the applicant's driving record identifies incidents that should have been reported, any waiver issued may be revoked.(10) Applicants for a Texas intrastate limb waiver must be able to meet all other physical requirements specified in 49 CFR §391.41 without the benefit of any other waiver.(11) Applicants for a CDL must present a valid limb waiver certificate obtained from the department's Issuance Services in Austin. A limb waiver cannot be used to obtain a Hazardous Materials Endorsement.(12) All recipients of a Texas intrastate limb waiver will be required to have a license with the appropriate restrictions as they apply. Waiver recipients will be notified in writing by means of the most recent address on file of the requirement to add the restrictions and will be given 60 days to comply. Failure to comply within the specified period may result in the revocation of any waiver and their disqualification as a CMV driver.(13) An application for the renewal of a limb waiver certificate will be granted provided:(A) the applicant's driving history continues to meet the requirements as detailed in paragraph (7) of this subsection; and(B) the limb waiver certificate continues to meet all other requirements of 49 CFR §391.41.(14) Applicants denied a limb waiver may appeal the decision of the department by contacting the department's designee, in writing, within 20 days after receiving notification of the denial. The request for an appeal must contain the name, address, and driver license number of the applicant, the reasons why the waiver should be granted, and include all pertinent documents which support the reasons why the waiver should be granted. The denial is stayed pending the review of the director or his designee. The decision of the department's designee is final.(15) Waiver certificates will be approved by department's designee and are valid for a period not to exceed 2 years after the date of the applicant's medical examiner's physical examination.(16) If the limb waiver application is approved, the applicant must obtain a CDL with the appropriate restrictions within 60 days of the approval. Failure to obtain the CDL with the appropriate restrictions within the 60 day period may result in the cancellation of the waiver certificate. Any cancellations will require the applicant to reapply for the waiver.(17) If the limb waiver application is denied and the applicant currently holds a CDL, the CDL privilege will be cancelled and a demand for the surrender of the CDL will be made.(18) If the holder of a Texas limb waiver fails to renew the waiver, the driver will be notified in writing by the department of this requirement via the most recent address on file. Proper notification is presumed if the notification is mailed by first-class mail to the applicant or licensee at the last mailing address on file with the department. Failure to comply within a 60 day period may result in the cancellation of their CDL and the demand for the surrender of the CDL currently held.</content><note type="source"><p>Source Note: The provisions of this §16.5 adopted to be effective September 14, 2016, 41 TexReg 7117; amended to be effective November 17, 2022, 47 TexReg 7560.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.6"><num value="16.6">§16.6</num><heading>Farm-Related Service Industry Waiver</heading><content>(a) The department must waive the commercial driver license (CDL) knowledge and skill exams required by Texas Transportation Code, §522.022, and provide for the issuance of a restricted CDL to an employee of a farm-related service industry (FRSI) in accordance to 49 CFR 383. The department is subject to any condition or requirement established for the waiver by the Federal Highway Administration. In addition to any restriction or limitation imposed by this section, a restricted CDL issued under this regulation is subject to any restriction or limitation imposed by the secretary of the highway administration.(b) Fees for an FRSI CDL are the same as for a regular CDL and will be calculated the same way. A $10 duplicate fee must be charged each time an applicant revalidates the waiver period.(c) The FRSI CDL must have a P restriction. The validity period must be continuous, for a minimum period of 30 days, and cannot exceed 180 days in any 12 month period. The FRSI CDL cannot be renewed more than 30 days prior to the expiration date of the existing FRSI CDL issuance period and cannot exceed the expiration date of the CDL.</content><note type="source"><p>Source Note: The provisions of this §16.6 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scA/s16.7"><num value="16.7">§16.7</num><heading>Proof of Domicile</heading><content>(a) A person applying for a commercial driver license (CDL) which authorizes operation of a commercial motor vehicle (CMV) must be domiciled in Texas. For purposes of this requirement, the state of domicile means the state where a person has the person's true, fixed, and permanent home and principal residence and to which the person intends to return whenever absent. A person may have only one state of domicile.(b) In order to prove domicile, all original applicants for a CDL must present two acceptable documents verifying the applicant's domicile address in Texas.(c) The department may require individuals renewing or obtaining a duplicate CDL to present proof of domicile prior to issuance.(d) In order to satisfy the requirements of this section the individual must provide two documents, which contain the applicant's name and domicile address, from the acceptable proof of domicile list in subsection (e) of this section.(e) Acceptable proof of domicile documents are:(1) A current deed, mortgage, monthly mortgage statement, mortgage payment booklet, or a residential rental/lease agreement.(2) A valid, unexpired Texas voter registration card.(3) A valid, unexpired Texas motor vehicle registration or title.(4) A valid, unexpired Texas boat registration or title.(5) A valid, unexpired Texas license to carry a handgun or license to carry.(6) A utility or residential service bill dated within one hundred eighty (180) days of the date of application. Example of acceptable statements include, but are not limited to: electric, water, gas, internet, cable, streaming services, lawn service, cellular telephone, etc.(7) A Selective Service card.(8) A current homeowners or renters insurance policy or statement.(9) A current automobile insurance policy, card, or statement.(10) A Texas high school, college, or university report card or transcript for the current school year.(11) A pre-preprinted W-2, 1099, or 1098 form from an employer, government, or financial entity for the most recent tax year.(12) Mail or printed electronic statements from financial institutions; including checking, savings, investment account, and credit card statements dated within one hundred eighty (180) days of the date of application.(13) Mail or printed electronic statements from a federal, state, county, or city government agency dated within one hundred eighty (180) days of the date of application.(14) A current automobile payment booklet or statement.(15) A pre-printed paycheck or payment stub dated within one hundred eighty (180) days of the date of application.(16) Current documents issued by the U.S. military indicating residence address.(17) A document from the Texas Department of Criminal Justice indicating the applicant's recent release or parole.(18) A valid, unexpired Texas fishing or hunting license.(19) A letter of medical Explanation of Benefits or medical bills dated within one hundred eighty (180) days of the date of application.(f) Both documents may be from the same source if the source is a local governmental entity or service provider that provides multiple residential services. For example, an individual may use a water and gas bill from the same municipal utility if they are on separate statements. Documents from the same source for different months will not be accepted.(g) Mail addressed with a forwarding label or address label affixed to the envelope or contents is not acceptable.(h) If the individual cannot provide two documents from the acceptable proof of domicile list, the individual may submit a Texas residency affidavit executed by:(1) An individual who resides at the same residence address as the applicant.(A) For related individuals, the applicant must present a document acceptable to the department indicating a family relationship to the person who completed the Texas residency affidavit and present two acceptable proof of domicile documents with the name of the person who completed the Texas residency affidavit. Acceptable documents demonstrating family relationship may include but are not limited to:(i) marriage license;(ii) military dependent identification card;(iii) birth certificate; and(iv) adoption records.(B) For unrelated individuals, the individual must accompany the applicant, present valid identification as defined under §15.24 of this title (relating to Identification of Applicants), and present two acceptable proof of domicile documents from the acceptable proof of domicile list in subsection (e) of this section.(2) A representative of a governmental entity, not-for-profit organization, assisted care facility/home, adult assisted living facility/home, homeless shelter, transitional service provider, group/half way house, or college/university certifying to the address where the applicant resides or receives services. The organization must provide a notarized letter verifying that they receive mail or services for the individual or completed Texas Residency Affidavit (DL-5).(i) An individual is not required to comply with this section if the applicant is subject to the address confidentiality program administered by the Office of the Attorney General, or currently incarcerated in a Texas Department of Criminal Justice facility.(j) All documents submitted by an individual must be acceptable to the department. The department has the discretion to reject or require additional evidence to verify domicile address.</content><note type="source"><p>Source Note: The provisions of this §16.7 adopted to be effective September 14, 2016, 41 TexReg 7117; amended to be effective December 29, 2019, 44 TexReg 8026; amended to be effective July 2, 2023, 48 TexReg 3416.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c16/scB"><num value="B">SUBCHAPTER B</num><heading>APPLICATION REQUIREMENTS AND EXAMINATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.21"><num value="16.21">§16.21</num><heading>Application for Texas Commercial Driver License (CDL)</heading><content>(a) An application must be completed by all original applicants for a CDL.(b) Original applicants for:(1) a Texas CDL must present proof of identity as required by §15.24 of this title (relating to Identification of Applicants).(2) a Non-Domiciled Texas CDL must present proof of identity as required by Texas Transportation Code, §522.021(a-1).(c) A separate application must be completed by all applicants for a farm-related service industry (FRSI) restricted CDL. The reverse side of the application must be completed by the applicant's employer. This application will also be used any time the holder of an FRSI CDL requests to renew or revalidate the license.(d) The applicant must provide proof of Social Security number. For a list of acceptable documents for providing the Social Security number, refer to §15.42(b) of this title (relating to Social Security Number).(e) All applicants must provide information relating to United States citizenship or lawful presence and provide their county of residence at the time of application.</content><note type="source"><p>Source Note: The provisions of this §16.21 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.23"><num value="16.23">§16.23</num><heading>Medical Certificate Requirements</heading><content>(a) Commercial driver license (CDL) holders and original CDL applicants must self-certify to one of the categories detailed in this subsection:(1) Non-excepted interstate. A person who operates or expects to operate in interstate commerce, is both subject to and meets the qualification requirements under 49 CFR Part 391, and is required to obtain a medical examiner's certificate by 49 CFR §391.45.(2) Excepted interstate. A person who operates or expects to operate in interstate commerce, but engages exclusively in transportation or operations excepted under 49 CFR §§390.3(f), 391.2, 391.68, or 398.3 from all or parts of the qualification requirements of 49 CFR §391, and is therefore not required to obtain a medical examiner's certificate by 49 CFR §391.45.(3) Non-excepted intrastate. A person who operates only in intrastate commerce, and is both subject to and meets the State of Texas driver qualification requirements under §4.11 of this title (relating to General Applicability and Definitions) and is required to obtain a medical examiner's certificate.(4) Excepted intrastate. A person who operates in intrastate commerce, but engages exclusively in transportation or operations excepted as provided by §4.12 of this title (relating to Exemptions and Exceptions) and is therefore not required to obtain a medical examiner's certificate.(b) CDL holders and original CDL applicants who certify to subsection (a)(1) or (3) of this section are required to provide a valid medical certificate to the department. The department must deny the issuance of the CDL if a medical certificate is required or expired and a valid medical certificate is not provided at the time of issuance or renewal.(c) The department must downgrade a holder's CDL to a non-CDL on the 60th day after expiration of the medical certificate if a valid medical certificate is required and is not provided to the department.</content><note type="source"><p>Source Note: The provisions of this §16.23 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.24"><num value="16.24">§16.24</num><heading>Falsification</heading><content>(a) A person who knowingly falsifies information or certifications on an application for a commercial driver license (CDL) is subject to a 60 day cancellation of the person's CDL, commercial driver learner's permit, or application.(b) Within 30 days after discovering that the applicant has provided false information, the director of the department or his designee will notify the person that his CDL, commercial driver learner's permit, or application will be canceled for 60 days beginning on the 20th calendar day after notification. Date of notification is the date appearing at the top of the cancellation order issued to the person. Proper notification is presumed if the notification is mailed by first-class mail to the applicant or licensee at the last mailing address on file with the department. The department may, alternatively, personally serve the notification and order. If the cancellation order is personally served, the person may choose to have the 60 day cancellation period effective immediately upon service.(c) A person may appeal the cancellation order by timely requesting a hearing in writing. The request for hearing must be received by the department before the effective date of cancellation for the appeal to be timely. If a timely request for a hearing is made, the director will appoint a hearing officer from within the department. The hearing will be held in the county where application was made, in the Texas county where the applicant of licensee resides, or in a county adjoining either the county of residence or county of application, as determined by the director.(d) Notification of the hearing will be sent to the person by first-class mail at the last mailing address on file with the department or to an address specifically referred to in the written appeal. Notice of the hearing will be sent at least 10 calendar days prior to the date of hearing. The cancellation action will not be held in abeyance pending a hearing of final determination of the hearing officer.(e) The only issue at the administrative hearing is whether the person did or did not falsify application or certification information. The hearing officer has the only authority to make an affirmative or a negative finding on this issue. The hearing officer will report the finding to the director. If an affirmative finding is reported, the license or application will remain canceled for the duration of the 60 day cancellation period. If a negative finding is reported, the license or application will be immediately reinstated by the department.(f) If the falsification is discovered at the driver license office during the application process, the applicant will not be permitted to continue with the application and examination procedures. The department employee who discovers the falsification will immediately notify the Enforcement and Compliance Service at the department headquarters in Austin so that formal cancellation action may be initiated. A person may not submit a new application for a CDL or commercial driver learner's permit pending formal action by the department.(g) A person may not submit a new application for a CDL or commercial driver learner's permit during the 60 day cancellation period or while an appeal is pending. After the cancellation period has expired, the person must reapply as an original applicant.</content><note type="source"><p>Source Note: The provisions of this §16.24 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.25"><num value="16.25">§16.25</num><heading>Cancellation of Commercial Driver License (CDL)</heading><content>(a) The department will cancel a commercial driver license (CDL) upon confirmation of:(1) A nonpayment of fee;(2) The applicant is suspended in another state;(3) An original CDL obtained through fraudulent means;(4) An obtained CDL without satisfying all qualification requirements;(5) A mental incapacity;(6) A false statement convictions in which the statement was made to the department; or(7) A license issued to person not entitled thereto.(b) Upon cancellation of the license, the department will send notice to the individual demanding the surrender of the Texas CDL.(c) When applicable the department can require re-examination of all appropriate exams.</content><note type="source"><p>Source Note: The provisions of this §16.25 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.26"><num value="16.26">§16.26</num><heading>Written Exams Required</heading><content>(a) An original applicant for a Texas commercial driver license (CDL) must take the signs, rules, and the appropriate Class A or Class B exams as well as any required and necessary CDL exams. A holder of a valid CDL from another state need not take the CDL exams if the out-of-state license indicates those exams were administered in that other state.(b) Current Texas license holders will be required to take only required and necessary CDL exams, unless advancing in grade, in which case the appropriate Class A or Class B exams will be required.(c) All CDL applicants must take and pass the CDL general knowledge exam, except those persons who currently hold a CDL from another state.(d) Class A CDL applicants must take and pass the combination vehicle exam even though there will be no endorsement for combination vehicles. Those persons currently holding a CDL issued by another state will not be required to take this exam unless they wish to advance in grade.(e) Applicants holding a valid CDL with a hazardous materials endorsement issued by this state or another state must take and pass the hazardous materials knowledge examination and pass a background check conducted by the appropriate federal agency at the time of issuance or renewal. The department must receive notification of no security threat from the appropriate federal agency conducting the background check within 90-days from the CDL issuance date to maintain this endorsement.(f) Persons who do not take and pass the air brake exam will be restricted to driving vehicles without air brakes. Applicants holding an out-of-state CDL will be exempt from this exam unless that license indicates they are restricted to driving vehicles not equipped with air brakes.(g) The department shall waive the CDL knowledge exams required by Texas Transportation Code, §522.022 for applicants who meet the conditions and limitations provided by 49 CFR 383.77. The Application for Military Knowledge and Skills Test Waiver must be completed by the applicant and signed by the appropriate authorized military representative. The signatures on the certification must be original signatures.</content><note type="source"><p>Source Note: The provisions of this §16.26 adopted to be effective September 14, 2016, 41 TexReg 7117; amended to be effective May 8, 2022, 47 TexReg 2564.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.27"><num value="16.27">§16.27</num><heading>Passing Rates for Written Exams</heading><content>(a) Signs, rules, Class A and Class B, and motorcycle exams will require correct answers of 70% or more of the questions for the applicant to pass.(b) Commercial driver license (CDL) examinations will require correct answers on 80% or more of the questions for the applicant to pass.(c) All required exams outlined in §16.26 of this title (relating to Written Exams Required) must be passed in order to obtain a CDL and the appropriate endorsements.</content><note type="source"><p>Source Note: The provisions of this §16.27 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.28"><num value="16.28">§16.28</num><heading>Skills Exam Required</heading><content>(a) An applicant will be required to take the skills exam if:(1) applying as a original applicant for a driver license; or(2) the applicant is unable to present a certification substituting experience for the commercial driver license (CDL) skills exam.(b) An applicant who holds a CDL from another state will not be required to take a skills exam when making an application for an original Texas CDL of the same class and with the same restrictions and endorsements.</content><note type="source"><p>Source Note: The provisions of this §16.28 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.29"><num value="16.29">§16.29</num><heading>Waivers from Skills Exam</heading><content>(a) The department shall waive the commercial driver license (CDL) skills exams required by Texas Transportation Code, §522.022 for applicants who meet the conditions and limitations provided by 49 CFR 383.77. The Application for Military Knowledge and/or Skills Test Waiver must be completed by the applicant and signed by the appropriate authorized military representative. The signatures on the certification must be original signatures.(b) Applicants who hold a valid CDL from another U.S. state will not be required to take any knowledge or skills exams when making an application for an original Texas CDL of the same class and with the same restrictions or endorsements excluding the hazardous materials endorsement.(c) Any waiver to substitute experience for the CDL skills exam may only be claimed one time. Any later transaction including advance in grade, removal of restrictions, or addition of an endorsement will necessitate a skills exam if required by law or regulation.</content><note type="source"><p>Source Note: The provisions of this §16.29 adopted to be effective September 14, 2016, 41 TexReg 7117; amended to be effective May 8, 2022, 47 TexReg 2564.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.30"><num value="16.30">§16.30</num><heading>Check of Applicant</heading><content>Upon acceptance of the sworn application and documents, the department will conduct a Commercial Driver License Information System/National Driver Register/Problem Driver Pointer System (CDLIS/NDR/PDPS) inquiry on the commercial driver license (CDL) applicant. No license will be issued if a match indicates possible multiple licenses. If necessary, independent inquiries to other states will be made to confirm the identity of the match and to verify the existence of suspension, revocation, denial, and cancellation actions taken by other states. No license will be issued until it is confirmed that the match is another person or the cause for the action has been resolved.</content><note type="source"><p>Source Note: The provisions of this §16.30 adopted to be effective September 14, 2016, 41 TexReg 7117.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scB/s16.31"><num value="16.31">§16.31</num><heading>Third-Party Skills And Knowledge Testing Program</heading><content>(a) The following words and terms, when used in this section, shall have the following meanings, unless the context shall clearly indicate otherwise:(1) Authorized organization--An entity that has entered into a Memorandum of Understanding with the department to administer the knowledge test, skills test, or both for a commercial driver license on the department's behalf. This is equivalent to a third party tester in accordance with 49 CFR 383.5.(2) Examiner--An individual certified by the department to conduct a knowledge test, skills test, or both. This is equivalent to a third party examiner in accordance with 49 CFR 383.5.(3) Knowledge test--Includes any written test required for a commercial driver license, including the addition or removal of an endorsement or restriction, excluding the Hazmat test.(b) An organization is eligible to enter into a Memorandum of Understanding with the department and to administer a knowledge test, skills test, or both for a commercial driver license if it:(1) Complies with 49 CFR 383.75; and(2) Has been in business or operation in the State of Texas for at least 365 days prior to the execution of the Memorandum of Understanding; and(3) Maintains at least one permanently occupied structure with a permanent Texas street mailing address.(c) An individual employed by an authorized organization is eligible to become an examiner and conduct commercial driver license knowledge test, skills tests, or both if he or she makes application with the department and:(1) Complies with 49 CFR 384.228; and(2) For skills testing, holds the equivalent class of Texas commercial driver license with endorsements to administer like skills tests; and(3) Is domiciled in the State of Texas.(d) The department may suspend for up to one year or revoke permanently, an organization's or examiner's authorization to conduct commercial knowledge testing or skills testing for failure to comply with any part of:(1) The Memorandum of Understanding; or(2) 49 CFR 383.75; or(3) 49 CFR 384.228.(e) Unless an authorized organization is a governmental agency, the authorized agency must secure and maintain a continuous security bond in the principal sum of $25,000 per examiner, underwritten by a company authorized to do business in the State of Texas, which represents a sufficient amount to pay for re-testing drivers in the event that the organization or one or more of its examiners are involved in fraudulent activities related to the knowledge testing or skills testing conducted by its employees or members. However, the aggregate liability of the surety for all breaches of the condition of the bond in no event shall exceed the principal sum of $25,000 per examiner. The surety on any bond may cancel the bond on giving 30 days' notice in writing to the State of Texas and shall be relieved of liability for any breach of any conditions of the bond that occurs after the effective date of cancellation.</content><note type="source"><p>Source Note: The provisions of this §16.31 adopted to be effective March 15, 2017, 42 TexReg 1151; amended to be effective September 18, 2022, 47 TexReg 5498.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c16/scC"><num value="C">SUBCHAPTER C</num><heading>SANCTIONS AND DISQUALIFICATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.61"><num value="16.61">§16.61</num><heading>Driving a Commercial Motor Vehicle (CMV) without a Commercial Driver License (CDL)</heading><content>(a) A person may be disqualified from driving a commercial motor vehicle (CMV) even if:(1) that person does not hold a commercial driver license (CDL); or(2) that person is domiciled in another state or in a foreign jurisdiction.(b) If a person has been disqualified from driving a CMV, and that person did not hold a CDL (either current or expired) at the time of the disqualification, that person must apply at a driver license office as an original CDL applicant in order to receive a CDL when the disqualification period is over.</content><note type="source"><p>Source Note: The provisions of this §16.61 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.62"><num value="16.62">§16.62</num><heading>Serious Traffic Violations and Habitual Violators</heading><content>The Commercial Driver's License Act, Texas Transportation Code, Chapter 522, defines certain motor vehicle offenses as "serious traffic violations" for the purpose of administering the Act. An improper or erratic traffic lane change is one of the definitions of a "serious traffic violation" as set out in the Act. Since an improper or erratic lane change is not an offense title in Texas, the department has designated the specific sections of the Texas Transportation Code, Chapter 545, as improper or erratic traffic lane changes for disqualification purposes pursuant to Texas Transportation Code, §522.081. This interpretation is also meant to apply to the defensive driving section of the Texas Transportation Code, §§543.111 - 543.114. A conviction of either of these offenses will be considered by the department as a "serious traffic violation":(1) Texas Transportation Code, §545.060 - "Changed Lane when Unsafe."(2) Texas Transportation Code, §545.061 - "Failure to Yield Right-of-Way-Changing Lanes."</content><note type="source"><p>Source Note: The provisions of this §16.62 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.63"><num value="16.63">§16.63</num><heading>Notice and Hearing Procedures for Commercial Driver License Disqualifications</heading><content>Administrative hearings for non-resident commercial driver licensees will be scheduled in the county where the non-resident last made application for a Texas driver license, unless the licensee requests an alternative Texas county. The request must be in writing and part of the licensee's original request for the administrative hearing.</content><note type="source"><p>Source Note: The provisions of this §16.63 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.64"><num value="16.64">§16.64</num><heading>Application of Motor Vehicle Safety Responsibility Act</heading><content>A person disqualified from driving a commercial motor vehicle will not be subject to suspension of the person's noncommercial driver license or suspension of motor vehicle registrations in the name of such person under the Motor Vehicle Safety Responsibility Act, Texas Transportation Code, Chapter 601, on the basis of the disqualification alone.</content><note type="source"><p>Source Note: The provisions of this §16.64 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.65"><num value="16.65">§16.65</num><heading>Disqualifications</heading><content>Driver disqualifications as set out in 49 CFR Part 383 and detailed in this section are adopted by the department.(1) First violation. A driver is disqualified for not less than 180 days nor more than one year if the driver is convicted of a first violation of an out-of-service order.(2) Second violation. A driver is disqualified for not less than two years nor more than five years if, during any 10 year period, the driver is convicted of two violations of out-of-service orders in separate incidents.(3) Third or subsequent violation. A driver is disqualified for not less than three years nor more than five years if, during any ten-year period, the driver is convicted of three or more violations of out-of-service orders in separate incidents.(4) Special rule for hazardous materials and passenger offenses. A driver is disqualified for a period of not less than 180 days nor more than two years if the driver is convicted of a first violation of an out-of-service order while transporting hazardous materials required to be placarded under the Hazardous Materials Transportation Act (49 USC §§1801-1813), or while operating a motor vehicle designed to transport more than 15 passengers, including the driver. A driver is disqualified for a period of not less than three years nor more than five years if, during any ten-year period, the driver is convicted of any subsequent violations of out-of-service orders, in separate incidents, while transporting hazardous materials required to be placarded under the Hazardous Materials Act, or while operating motor vehicles designed to transport more than 15 passengers, including the driver.(5) Court to report conviction. If a driver is convicted of an offense under the Texas Transportation Code, §522.071, the convicting court must order a disqualification period as set out in paragraphs (1) - (4) of this section. The court must report the conviction and disqualification on a form approved by the department. If the court fails to set a period of disqualification, the department must disqualify the CMV driving privileges for 90 days for the first violation, one year for a second violation, and three years for the third or subsequent violation. If the court fails to set a period of suspension for convictions of these offenses which occurred while transporting hazardous materials required to be placarded under the Hazardous Materials Act or while operating a motor vehicle designed to transport more than 15 passengers, including the driver, the department must disqualify the CMV driving privileges for 180 days for the first violation and three years if, during any ten-year period, the driver is convicted of any subsequent violations.</content><note type="source"><p>Source Note: The provisions of this §16.65 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.66"><num value="16.66">§16.66</num><heading>Special Penalties Pertaining to Violation of Out-of-Service Orders and Railroad Grade Crossing Violations for Drivers and Employers</heading><content>(a) General rule. Any person who violates Texas Transportation Code, §522.071(a)(5), §522.072 or the rules set forth in Subparts B and C of 49 CFR Part 383, may be subject to civil or criminal penalties as provided for in this section or in 49 USC Part 521(b).(b) Driver violations. A driver who is convicted of violating an out-of-service order must be subject to a civil or administrative penalty of not less than $2,500 for a first conviction, and not less than $5,000 for a second conviction, in addition to a disqualification action.(c) Employer violations. An employer who is convicted of a violation of 49 CFR §383.37(c) or Texas Transportation Code, §522.072(a)(3) must be subject to a maximum civil or administrative penalty of not less than $2,750 and not more than $25,000. An employer who is convicted of a violation of 49 CFR §383.37(d) or Texas Transportation Code, §522.072(b) must be subject to a civil or administrative penalty of not more than $10,000.(d) Penalties. Civil penalties for violations of the regulations adopted herein may be assessed by a court of competent jurisdiction or assessed as an administrative penalty under the provisions of Texas Transportation Code, Chapter 644.</content><note type="source"><p>Source Note: The provisions of this §16.66 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.67"><num value="16.67">§16.67</num><heading>Occupational/Essential Need License Prohibition</heading><content>If a person's driver license or driving privilege is suspended, revoked, cancelled, or denied under any law in this state the person's commercial driver license will be disqualified pursuant to Texas Transportation Code, §522.089. A person whose license or driving privilege is disqualified may not be granted an occupational or essential need license to operate a commercial motor vehicle (CMV).</content><note type="source"><p>Source Note: The provisions of this §16.67 adopted to be effective September 14, 2016, 41 TexReg 7118.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c16/scC/s16.68"><num value="16.68">§16.68</num><heading>Eligibility For Reinstatement After Lifetime Disqualification</heading><content>(a) A person disqualified from driving a commercial motor vehicle for life under Texas Transportation Code, §522.081(d) may apply to the department for reinstatement if:(1) the person meets all requirements under state and federal law to hold a commercial driver license (CDL);(2) the person completes the required state-approved education program identified on the application for reinstatement; and(3) at least ten (10) years have passed from the effective date of the lifetime disqualification.(b) A person seeking reinstatement under this section shall submit an application on a form specified by the department. The form is located on the department's website: http://www.dps.texas.gov/DriverLicense/.(c) The department shall provide written notice by email or first class mail of the approval or denial of an application submitted under this section. The determination to reinstate or deny an application by the director, or their designee, is final.(d) An applicant who has been approved for reinstatement is eligible to apply for a commercial learner's permit (CLP) to test for a CDL.</content><note type="source"><p>Source Note: The provisions of this §16.68 adopted to be effective December 29, 2019, 44 TexReg 8026.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c17"><num value="17">CHAPTER 17</num><heading>ADMINISTRATIVE LICENSE REVOCATION</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c17/scA"><num value="A">SUBCHAPTER A</num><heading>ADMINISTRATIVE LICENSE REVOCATION</heading><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.1"><num value="17.1">§17.1</num><heading>Scope</heading><content>The chapter applies to suspensions, disqualifications, and denials of driver's licenses arising under the provisions of Administrative License Revocation (ALR), including Texas Transportation Code, Chapters 522, 524, and 724.</content><note type="source"><p>Source Note: The provisions of this §17.1 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.2"><num value="17.2">§17.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Acquittal--A legal judgment or certification of "not guilty" of a person charged with a crime, including a judgment following directed verdict, in a court proceeding at which jeopardy attached.(2) Address of record--A person's most recent residence address as shown by the records of the department in accordance with Texas Transportation Code, Chapter 521 or Chapter 522.(3) Administrative License Revocation (ALR)--Refers to the suspension of a driver's license under Texas Transportation Code, Chapter 524 or Chapter 724, or the disqualification of a person's privilege to drive a commercial motor vehicle under Texas Transportation Code, Chapter 522.(4) Adult--An individual 21 years of age or older.(5) Alcohol concentration--Has the meaning contained in Texas Penal Code, §49.01.(6) Alcohol-related or drug-related enforcement contact--Has the meaning contained in Texas Transportation Code, Chapter 524.(7) ALR contact--Refers to refusal to submit a breath or blood specimen as provided by Texas Transportation Code, Chapter 724, or refusal to submit a breath, blood or urine specimen as provided by Texas Transportation Code, Chapter 522; or a breath or blood test failure as provided by Texas Transportation Code, Chapter 524, or a breath, blood or urine test failure as provided by Texas Transportation Code, Chapter 522. Also includes the situation where a specimen test is not requested of a minor, as the presence of alcohol was detected by other means.(8) ALR report--A sworn report of an ALR contact filed by a peace officer and submitted to the department in accordance with Texas Transportation Code, Chapter 524, or a written report of an ALR contact submitted to the department in accordance with Texas Transportation Code, Chapter 724. Also includes a sworn report submitted by a peace officer in accordance with Texas Transportation Code, Chapter 522.(9) ALR suspension or ALR license suspension--A suspension under Texas Transportation Code, Chapter 524 or Chapter 724.(10) Arresting officer--Refers to a certified Texas peace officer who arrests a person for any offense against the laws of the State of Texas.(11) Breath alcohol test--Has the meaning assigned in §19.1 of this title (relating to Definitions).(12) Breath test operator--Refers to the individual who takes a specimen of the person's breath to determine alcohol concentration.(13) Child--Has the meaning contained in Texas Family Code, §51.02(2).(14) Commercial driver's license--Has the meaning assigned by Texas Transportation Code, Chapter 522 and Chapter 16 of this title (relating to Commercial Driver's License).(15) Commercial motor vehicle--has the meaning assigned by Texas Transportation Code, Chapter 522 and Chapter 16 of this title (relating to Commercial Driver's License).(16) Criminal complaint--Refers to any charging instrument, including, but not limited to, a complaint, an information, an indictment, or a similar sworn document clearly indicating an intent to proceed with criminal prosecution.(17) Current address--Refers to the address given to an arresting officer by an arrested driver at the time of arrest, as distinguished from the "address of record."(18) Defendant--Refers to a person who has received notice of ALR license suspension or disqualification and who has timely requested a hearing.(19) Denial--Refers to the loss of the privilege to obtain a driver's license or permit.(20) Department--Has the meaning assigned in Texas Transportation Code, Chapter 524.(21) Director--Has the meaning assigned in Texas Transportation Code, Chapter 524.(22) Disqualification--Has the meaning assigned in Texas Transportation Code, Chapter 522.(23) Drive--Has the meaning assigned in Texas Transportation Code, Chapter 522.(24) Driver's license, license, or license to operate a motor vehicle--Has the meaning assigned in Texas Transportation Code, Chapter 521. The term also includes a commercial driver's license or a commercial driver learner's permit issued under Texas Transportation Code, Chapter 522.(25) Failure, or breath, blood or urine test failure--Refers to the analysis of a test specimen of breath or blood which indicates an alcohol concentration specified in Texas Penal Code, §49.01(2)(B), or where a test specimen of breath, blood or urine is provided pursuant to Texas Transportation Code, Chapter 522, and the analysis of the specimen indicates an alcohol concentration of 0.04 or more. Also includes the analysis of a test specimen provided by a minor that indicates any detectable amount of alcohol as specified in Texas Transportation Code, §524.011(a)(2)(B).(26) Instrument or breath test instrument--Has the meaning assigned in §19.1 of this title (relating to Definitions).(27) Maintenance records--Refers to records pertaining to the inspection, maintenance, repair, and upkeep of the breath test instrument on which the driver's alcohol concentration was measured. Maintenance records do not have a regulated format and may be kept in a form as designated by each technical supervisor.(28) Minor--An individual under 21 years of age.(29) Nonresident--Has the meaning assigned in Texas Transportation Code, Chapter 521.(30) Peace Officer--Has the meaning assigned in Texas Penal Code, §1.07(a).(31) Peace Officer's sworn report or probable cause affidavit--A statement in support of a peace officer's belief that a person committed an offense. This statement shall describe the officer's reasonable suspicion for making contact with a person and/or the probable cause to arrest or detain the person. This statement may additionally include any other grounds known to the officer for believing the person committed the offense. The peace officer's sworn report or probable cause affidavit is normally submitted on Form DIC-23, or an approved alternate form.(32) Person--Refers to the following: an individual arrested for a violation of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724; a minor arrested or detained for a violation of Texas Alcoholic Beverage Code, §106.041; or the operator of a commercial motor vehicle who refused to provide a specimen of breath, blood or urine when requested to do so by a peace officer, or who provided a specimen with an alcohol concentration defined in Texas Transportation Code, Chapter 522, whether or not the operator of the commercial motor vehicle was arrested for a violation of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724.(33) Public place--Has the meaning assigned in Texas Transportation Code, Chapter 524.(34) Refusal--Refers to a refusal to submit a specimen under the provisions of Texas Transportation Code, Chapter 522 or Chapter 724.(35) Revocation of driver's license--Has the meaning assigned in Texas Transportation Code, Chapter 521.(36) Suspension of driver's license--Has the meaning assigned in Texas Transportation Code, Chapter 521.(37) Technical supervisor or certified breath test technical supervisor--Refers to the person who is responsible for maintaining and directing the operation of the breath test instrument used to analyze the specimen of the person's breath, and who has been certified by the department under the provisions of §19.4 of this title (relating to Technical Supervisor Certification).(38) Test record or breath alcohol test record--Means the record of a breath alcohol test generated by a breath test instrument.(39) Watercraft--means powered with an engine having a manufacturer's rating of 50 horsepower or above.</content><note type="source"><p>Source Note: The provisions of this §17.2 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.3"><num value="17.3">§17.3</num><heading>Notice of Suspension or Disqualification</heading><content>(a) Notice of an ALR suspension or disqualification. Notice of an ALR suspension or disqualification may be served either by a peace officer or by the department.(b) Notice given by a peace officer.(1) If a person arrested for an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724, submits to the taking of a specimen of breath or blood and an analysis of the specimen shows the person had an alcohol concentration of a level specified in Texas Penal Code, §49.01(2)(B), the peace officer shall personally serve notice of driver's license suspension on the arrested driver.(2) If the person is a minor arrested for an offense under Alcoholic Beverage Code, §106.041, or an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724, who either submits to the taking of a specimen and an analysis of the specimen shows that the minor had an alcohol concentration of a level specified by Texas Transportation Code, §524.011(a)(2)(B), or is not requested to submit to the taking of a specimen, the peace officer shall personally serve notice of driver's license suspension on the minor.(3) If a person was operating a commercial motor vehicle and submits to the taking of a specimen of breath, blood or urine as provided by Texas Transportation Code, Chapter 522, and an analysis of the specimen shows an alcohol concentration of 0.04 or more, the peace officer shall personally serve notice of disqualification on the person.(4) Pursuant to paragraphs (1), (2), and (3) of this subsection, if a specimen is taken and the analysis of the specimen is not returned to the peace officer before the person is admitted to bail, released from custody, delivered as provided by Title 3, Family Code, or committed to jail, the arresting officer shall attempt to serve notice of driver's license suspension or disqualification by personally delivering the notice to the person.(5) If a person arrested for an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724, or an offense under Texas Alcoholic Beverage Code, §106.041, or a person requested to submit a breath, blood or urine specimen under Texas Transportation Code, Chapter 522, refuses to give a specimen as designated by the peace officer, the officer shall personally serve notice of driver's license suspension or disqualification on the person.(c) Notice given by the department. In the event that the arresting officer did not serve notice of suspension or disqualification on the person following an ALR contact, the department shall send, by first class mail, notice of suspension or disqualification to the person's address of record, and to the person's current address given in the ALR report if different. If the department cannot verify that proper notice of suspension was served on the person by a peace officer following an ALR contact, the department may serve notice of suspension or disqualification. Notice is presumed received on the fifth day after the date it is mailed.(d) Notice given by the department to control. In any case where notice of suspension or disqualification is served by the arresting officer and notice of suspension or disqualification is also sent by the department, notice sent by the department shall be controlling.</content><note type="source"><p>Source Note: The provisions of this §17.3 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.4"><num value="17.4">§17.4</num><heading>ALR Reports</heading><content>Following an ALR contact, the peace officer shall submit an ALR report to the department on a form approved by the department.(1) ALR Reports: breath, blood or urine test refusal. This section applies to offenses listed in Texas Transportation Code, Chapters 522, 524, 724, and Texas Alcoholic Beverage Code, 106.041. An ALR report based on a breath, blood or urine test refusal shall contain the following information:(A) The identity of the person by full legal name, date of birth, and driver's license number, if any;(B) the peace officer's sworn report or probable cause affidavit (Form DIC-23 and/or Form DIC-54);(C) a copy of the statutory warning delivered to the person prior to requesting a specimen of breath or blood (Form DIC-24) and/or a copy of the statutory warning for commercial motor vehicle operators delivered to the person prior to requesting a specimen of breath, blood or urine (Form DIC-55);(D) the person's current address;(E) documentation of the refusal (Form DIC-24 and/or Form DIC-55), as evidenced by:(i) a written refusal to give a specimen, signed by the person; or(ii) a statement signed by the officer stating that the person refused to give a specimen and also refused to sign the statement requested by the officer under Texas Transportation Code, §724.031.(F) the notice of suspension (Form DIC-25) served and/or the notice of disqualification (Form DIC-57); and(G) any other information required by the department.(2) ALR Reports: breath, blood or urine test failures. This section applies to offenses listed in Texas Transportation Code, Chapters 522, 524, 724, and Alcoholic Beverage Code, §106.041. An ALR report based on a breath, blood or urine test failure shall be sworn to by the arresting officer (or by the peace officer requesting the specimen in the case of a commercial motor vehicle operator who is not arrested) and shall contain the following information:(A) The identity of the person by full legal name, date of birth, and driver's license number, if any;(B) the peace officer's sworn report or probable cause affidavit (Form DIC-23 and/or Form DIC-54);(C) a copy of the statutory warning delivered to the person prior to requesting a specimen of breath or blood (Form DIC-24) and/or a copy of the statutory warning for commercial motor vehicle operators delivered to the person prior to requesting a specimen of breath, blood or urine (Form DIC-55);(D) the person's current address;(E) a copy of the analysis of the specimen, such as a photocopy of the breath test result; and(F) the notice of suspension (Form DIC-25) served and/or the notice of disqualification (Form DIC-57); and(G) a copy of the criminal complaint, if any, that has been filed with a magistrate or delivered to a local prosecuting attorney with jurisdiction over the offense; and(H) any other information required by the department.(3) ALR Reports: offense under Alcoholic Beverage Code, §106.041, no specimen requested. An ALR report shall contain the following information:(A) identity of the person by full legal name, date of birth, and driver's license number, if any;(B) the peace officer's sworn report or probable cause affidavit (Form DIC-23);(C) the person's current address;(D) the notice of suspension (Form DIC-25) served;(E) a copy of the criminal complaint, if any, that has been filed with a magistrate or delivered to a local prosecuting attorney with jurisdiction over the offense; and(F) any other information required by the department.(4) Nothing in this section is intended to imply that any specific documents are necessary to be in evidence in a contested hearing for the department to meet its burden. This section applies only to automatic suspensions.</content><note type="source"><p>Source Note: The provisions of this §17.4 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.5"><num value="17.5">§17.5</num><heading>Intake</heading><content>(a) the department may reject any ALR report and decline to prosecute any ALR suspension or disqualification.(b) For purposes of an ALR suspension or disqualification based on a breath test failure, a valid breath alcohol test record is required. To be considered valid, the breath test record must meet the following criteria:(1) There must be no "invalid" message.(2) Results must be clearly printed.(3) All air blanks must be 0.000.(4) The test record must bear the signature of the breath test operator.(c) No additional report, memo, record, or maintenance record is required to validate the breath alcohol test.</content><note type="source"><p>Source Note: The provisions of this §17.5 adopted to be effective August 19, 1999, 24 TexReg 6310.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.6"><num value="17.6">§17.6</num><heading>Rescission</heading><content>(a) The department may rescind any ALR suspension or disqualification.(b) If for any reason the department declines to prosecute an ALR suspension or disqualification, or rescinds said action after imposition, the department shall send notice of rescission to the person at his/her address of record, and current address, if different by first class mail.(c) A decision by the department to rescind notice of suspension or disqualification has no binding precedential value and the department may later prosecute a suspension or disqualification arising out of the same incident.</content><note type="source"><p>Source Note: The provisions of this §17.6 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.7"><num value="17.7">§17.7</num><heading>Administrative Suspension or Disqualification of Driver's License</heading><content>After notice of suspension and/or disqualification has been properly served, the department shall impose a suspension or disqualification as provided by law, unless the person makes a timely hearing request as provided in §17.8 of this title (relating to Hearing Requests).</content><note type="source"><p>Source Note: The provisions of this §17.7 adopted to be effective August 19, 1999, 24 TexReg 6310.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.8"><num value="17.8">§17.8</num><heading>Hearing Requests</heading><content>A person who receives notice of suspension or disqualification may request a hearing as provided.(1) A hearing request must either be delivered in writing, including by facsimile transmission, email, or through the designated ALR hearing request form on the department's website, or be transmitted by telephone, to the department at its headquarters in Austin at the address or phone number contained in the notice of suspension or disqualification. Hearing requests delivered to any other department address or telephone number will not be honored.(2) A hearing request must contain sufficient information to enable the department to identify the defendant and to schedule the hearing, which information shall include the following: the defendant's full legal name, date of birth, driver's license number, the date of arrest, the county of arrest, the name of the law enforcement agency which made the arrest, email address and bar number of defendant's counsel if represented, whether the defendant allegedly failed or refused the specimen test or was not requested to submit a specimen, and such additional nonprivileged information as may be requested by the department.(3) A hearing request must be timely. In order to be considered timely, a hearing request containing all of the information set forth in paragraph (2) of this section must be received by the department at its headquarters in Austin at the address or phone number contained in the notice of suspension or disqualification not later than 5:00 p.m. on the 15th day after:(A) the date notice of suspension or disqualification was served by a peace officer; or(B) the date notice is presumed to have been received, according to the records of the department.(4) A hearing request which fails to include one or more of the items of information required by paragraph (2) of this section, or one containing incorrect information, will not be deemed to be timely filed. Nothing in this section is intended to prevent a person making a hearing request from supplementing or correcting information contained in a hearing request, provided that such supplementation or correction is received by the department before the deadline for filing a hearing request as set out in paragraph (3) of this section.(5) The department shall reject any untimely hearing request. When a written hearing request is received and rejected, the department shall mail written notice to the defendant that the hearing request was received and rejected, and state the reason for rejection. When a telephone hearing request is received and rejected, the department shall mail a written notice of the reason for rejection only upon request.(6) Upon receipt of a timely hearing request, the department shall schedule a hearing and mail written confirmation to the defendant.(7) A timely hearing request stays the suspension or disqualification pending a final affirmative decision by the administrative law judge.(8) The department will presume that notice of hearing date, time, and location was received on the fifth day after the day it was mailed.</content><note type="source"><p>Source Note: The provisions of this §17.8 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.9"><num value="17.9">§17.9</num><heading>Hearings</heading><content>ALR hearings shall be held in accordance with Texas Transportation Code, Chapters 524 and 724, and in accordance with 1 Texas Administrative Code, Chapter 159.</content><note type="source"><p>Source Note: The provisions of this §17.9 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective March 11, 2008, 33 TexReg 2042.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.10"><num value="17.10">§17.10</num><heading>Out-Of-State Orders and Judgments</heading><content>The department shall give full faith and credit to convictions, suspensions, denials, and disqualifications arising in other states.</content><note type="source"><p>Source Note: The provisions of this §17.10 adopted to be effective August 19, 1999, 24 TexReg 6310.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.11"><num value="17.11">§17.11</num><heading>Appeals</heading><content>(a) Upon receipt of an appeal petition, the department shall determine whether the defendant is entitled to a 90-day stay of suspension or disqualification pending appeal, in accordance with Texas Transportation Code, Chapter 524. For purposes of determining whether an appeal stays a suspension, the department will consider prior alcohol-related and drug-related enforcement contacts. For purposes of this subsection, alcohol-related and drug-related enforcement contacts occurring both prior to and after the effective date of ALR shall be considered. The date of a prior alcohol-related or drug-related enforcement contact, not the date of the conduct, shall be controlling.(b) If a stay is granted pending appeal, it shall be effective from the date the petition is filed, not from the date of hearing or decision of the administrative law judge.(c) A remand pursuant to §524.043(e) does not stay the suspension or disqualification.(d) To perfect service on the department of a judicial appeal of a final order in a contested ALR case pursuant to 1 TAC §159.255 (relating to Appeal of Judge's Decision) and this section, a defendant must comply with the service requirements in the court where the appeal is filed. The department's service contact for ALR appeals filed electronically is ALR_Appeals@dps.texas.gov. Appeals not filed electronically may be served by mail to the Texas Department of Public Safety Director of Hearings, ALR Program, P.O. Box 15327, Austin, Texas 78761-5327 or by hand delivery or courier receipted delivery through a commercial overnight service during regular business hours to the Texas Department of Public Safety, Director of Hearings, ALR Program, MSC 0380, Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380. A suspension will not be stayed until service is perfected according to this subsection.(e) If an affirmative finding by an administrative law judge is reversed on appeal, the appellant shall notify the department by complying with the service requirements in the court where the appeal is filed. The department may be served by the methods outlined in subsection (d) of this section. Upon verification, the department shall remove references of the ALR suspension or disqualification from defendant's driving record if warranted.</content><note type="source"><p>Source Note: The provisions of this §17.11 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.12"><num value="17.12">§17.12</num><heading>Final Order of Suspension or Disqualification</heading><content>If an administrative hearing is not requested, then before the effective date of suspension or disqualification, the department shall mail a final order of suspension or disqualification to the person's address of record. The order shall state the length of suspension or disqualification and the procedure for reinstatement. A final order of suspension or disqualification is not considered notice of suspension or disqualification for purposes of requesting an administrative hearing under this section. A final order of suspension or disqualification is presumed received on the 5th day after the day it is mailed.</content><note type="source"><p>Source Note: The provisions of this §17.12 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective March 11, 2008, 33 TexReg 2042.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.13"><num value="17.13">§17.13</num><heading>Effect of Acquittal; Notification to the Department</heading><content>(a) Upon notification that a criminal charge of an offense listed in Texas Transportation Code, Chapter 524 or Chapter 724, has resulted in an acquittal, the department shall not impose a suspension arising out of the same conduct or transaction. If a suspension has already been imposed, the department shall rescind the suspension and remove references to the suspension from the computerized driving record of the defendant.(b) To ensure that the department receives notice of acquittal, the defendant shall send a certified copy of the judgment of acquittal to the department at the address contained in the notice of suspension or disqualification. A defendant should send a written request which identifies the defendant by name and driver's license number, states the date and county of arrest, and requests rescission of the suspension. The department reserves the right to verify the acquittal. Upon verification, the department shall rescind the suspension and remove references to the suspension from the defendant's computerized driving record.(c) For purposes of this section, the following types of dispositions of any criminal complaint shall not be regarded as an acquittal:(1) a pre-trial order of dismissal where jeopardy has not attached;(2) a reduction of charges;(3) a conviction on a lesser included charge;(4) a disposition under Texas Penal Code, §12.45; or(5) any discharge or dismissal brought about by a failure to bring a cause of action to speedy trial within the time required by the state or federal constitutions.</content><note type="source"><p>Source Note: The provisions of this §17.13 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective June 12, 2002, 27 TexReg 4990; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.14"><num value="17.14">§17.14</num><heading>Enforcement of Suspensions or Disqualifications</heading><content>(a) Knowledge of a license suspension or disqualification is presumed if a peace officer served notice of suspension or disqualification on the person, or if the department mailed notice of suspension or disqualification to the person's address of record and to the person's current address given to the peace officer, if different.(b) A Texas driver's license, permit, or privilege to operate a motor vehicle may be suspended, denied or disqualified under provisions of ALR. The loss of the privilege to drive in Texas shall apply to unlicensed drivers and nonresidents, as well as residents. The department shall not issue a driver's license to any person who is subject to an order of suspension, denial or disqualification.</content><note type="source"><p>Source Note: The provisions of this §17.14 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.15"><num value="17.15">§17.15</num><heading>Reinstatement</heading><content>A driver's license suspended under Texas Transportation Code, Chapter 524 or Chapter 724 may not be reinstated and another driver's license may not be issued until the suspended person files an appropriate application and pays to the department a reinstatement fee of $125, in addition to any other fees required by law.</content><note type="source"><p>Source Note: The provisions of this §17.15 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective January 11, 2001, 26 TexReg 214; amended to be effective June 12, 2002, 27 TexReg 4990.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c17/scA/s17.16"><num value="17.16">§17.16</num><heading>Service on the Department</heading><content>(a) Where authorized, required, or permitted by statute or rule, a discovery or production request served by the defendant on the department must be served electronically through the electronic filing manager or to the email address listed as the service contact on the case with the electronic filing manager.(b) If the defendant is unrepresented, the department may be served by one of the following methods:(1) by first-class mail, or by certified mail where required, addressed to Texas Department of Public Safety, Director of Hearings, ALR Program, P.O. Box 15327, Austin, Texas 78761-5327;(2) by hand delivery, during regular business hours, directly to the Texas Department of Public Safety, Director of Hearings, ALR Program, Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380.(3) by courier receipted delivery through a commercial overnight express delivery service during regular business hours to the Texas Department of Public Safety, Director of Hearings, ALR Program, MSC 0380 Building A, 5805 North Lamar Boulevard, Austin, Texas 78752-0380.(c) This section does not authorize or confer any discovery rights on a person or entity.(d) Any request for the appearance of the "breath test operator and/or breath test technical supervisor" at the ALR hearing, pursuant to Texas Transportation Code, §524.039(a), must be made by one of the methods set forth in subsections (a) and (b) of this section and must be received by the department at least five days prior to the scheduled hearing date.</content><note type="source"><p>Source Note: The provisions of this §17.16 adopted to be effective August 19, 1999, 24 TexReg 6310; amended to be effective March 11, 2008, 33 TexReg 2042; amended to be effective September 11, 2024, 49 TexReg 7051.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c19"><num value="19">CHAPTER 19</num><heading>BREATH ALCOHOL TESTING REGULATIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c19/scA"><num value="A">SUBCHAPTER A</num><heading>BREATH ALCOHOL TESTING REGULATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.1"><num value="19.1">§19.1</num><heading>Definitions</heading><content>The following words and phrases, when used in this chapter, shall have the meanings as detailed in this section, unless the context shall clearly indicate otherwise.(1) Alcohol--Ethyl alcohol, sometimes referred to as grain alcohol or ethanol.(2) Approval--Meeting and maintaining the requirements set forth in this subchapter for approval.(3) Approved course of instruction--A school, college, agency, institution, or laboratory meeting the requirements stated in §19.6 of this title (relating to Approval of Courses of Instruction).(4) Breath alcohol test (breath alcohol analysis)--The analysis of a subject's breath specimen(s) to determine the alcohol concentration(s) thereof.(5) Certification--Meeting and maintaining the requirements set forth in this subchapter for certification.(6) Certified operator--An individual meeting and maintaining the requirements stated in §19.4 of this title (relating to Operator Certification).(7) Conviction--An adjudicated verdict of guilty or an order of deferred adjudication by a court of competent jurisdiction.(8) Department--The unmodified word "department" in this subchapter refers to the Texas Department of Public Safety.(9) Inactivation--The voluntary or temporary discontinuance of certification.(10) Instrument(s)--The device(s) which measure or quantitate the breath alcohol concentration pursuant to §19.2 of this title (relating to Instrument Certification).(11) Office of the Scientific Director (OSD)--The scientific director and his staff.(12) Proficiency test--A method of evaluation at the direction of a technical supervisor or designated representative of the scientific director by which the knowledge, skills, and abilities of an operator to operate breath alcohol testing equipment can be assessed.(13) Public information and demonstration--The public display and exhibition of certified evidential breath testing equipment.(14) Recertification--A process to make certification current.(15) Reference system--The equipment designed to input any combination of reference material(s) or standard(s) with a known quantity into an instrument for analysis as a measurement standard.(16) Renewal of current certification--The continuance of active certification by meeting the requirements stated in §19.4(b) of this title (relating to Operator Certification).(17) Reports and records--The data and documents pertinent to this subchapter.(18) Scientific director--The individual or his designee responsible for the implementation, administration and enforcement of the Texas breath alcohol testing regulations.(19) Security--The safeguard of certified instruments at testing locations.(20) Site location--The physical site of the breath alcohol testing instrument and associated equipment.(21) Suspension--The termination or revocation of certification.(22) Technical supervisor and technical supervision--An individual meeting the minimum requirements set forth in §19.5 of this title (relating to Technical Supervisor Certification) and the responsibilities of such.</content><note type="source"><p>Source Note: The provisions of this §19.1 adopted to be effective March 26, 2006, 31 TexReg 2189; amended to be effective June 26, 2013, 38 TexReg 3988; amended to be effective January 12, 2015, 40 TexReg 250.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.2"><num value="19.2">§19.2</num><heading>Instrument Certification</heading><content>(a) The Office of the Scientific Director, Breath Alcohol Testing Program, Texas Department of Public Safety (hereinafter referred to as the scientific director) shall approve and certify all breath alcohol testing instruments to be used for evidential purposes.(1) The scientific director will establish and maintain a list of approved instruments by manufacturer brand or model designation for use in the state.(2) A manufacturer or designated representative desiring approval of an instrument not on the approved list may submit an instrument to the scientific director. Examination and evaluation of the instrument to determine if it meets the criteria for approval or certification as an evidential instrument will be done at the discretion of the scientific director. Costs associated with such a submission will be done at the expense of the submitting entity.(b) In order to be approved each instrument must meet the criteria as detailed in this subsection:(1) Expired breath specimens shall be analyzed.(2) The instrument shall incorporate a reference system, the result of which must agree within plus or minus 0.01g/210L of the nominal value or such limits as set by the scientific director.(3) The specificity of the procedure shall be adequate and appropriate for the analyses of breath specimens for the determination of alcohol concentration for law enforcement.(4) Any other tests deemed necessary by the scientific director to correctly and adequately evaluate the instrument to give correct results in routine breath alcohol testing and be practical and reliable for law enforcement purposes.(c) Upon proof of compliance with subsection (b) of this section the instrument will be placed on the list of approved instruments.(1) Inclusion on the scientific director's list of approved instruments will verify that the instrument by manufacturer brand or model designation meets the criteria of subsection (b) of this section.(2) The scientific director may, for cause, rescind approval of and remove an instrument by manufacturer brand or model designation from the approved list.(d) The technical supervisor shall determine if a specific instrument by serial number is of the same manufacturer brand or model designation as is shown on the scientific director's approved list and meets the criteria for certification as stated in subsection (b)(2) of this section and when required, shall provide direct testimony or affidavit of this information.(e) The scientific director, or a designated representative or technical supervisor, may, for cause, remove a specific instrument by serial number from evidential testing and withdraw certification thereof.(f) Certified evidential instruments should not ordinarily be used for public information programs. Individuals with appropriate breath alcohol testing technical expertise, such as a certified technical supervisor, should disseminate this type of public information.</content><note type="source"><p>Source Note: The provisions of this §19.2 adopted to be effective March 26, 2006, 31 TexReg 2189; amended to be effective June 26, 2013, 38 TexReg 3988; amended to be effective January 12, 2015, 40 TexReg 250.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.3"><num value="19.3">§19.3</num><heading>Techniques and Methods</heading><content>(a) All breath alcohol testing techniques and methods shall meet, but not be limited to, the requirements as detailed in this subsection:(1) a period during which an operator is required to remain in the presence of the subject. An operator shall remain in the continuous presence of the subject at least 15 minutes immediately before the test and should exercise reasonable care to ensure that the subject does not place any substances in the mouth. Direct observation is not necessary to ensure the accuracy of the test result;(2) the breath alcohol testing instrument must be operated by a certified operator or technical supervisor and only certified personnel will have access to the instrument;(3) a reference system used in conjunction with subject analysis, the results of which must agree with the nominal value within plus or minus 0.01g/210 L, or such limits as set by the scientific director;(4) all analytical results shall be expressed in grams of alcohol per 210 liters of breath (g/210 L);(5) maintenance of any specified records designated by the scientific director;(6) supervision of certified operators and testing techniques by a technical supervisor meeting the qualifications set forth in §19.5 of this title (relating to Technical Supervisor Certification);(7) designation that the instrumentation will be used only:(A) for testing subjects suspected of violating any statute or codified rule that defines intoxication in terms of alcohol concentration; and(B) in compliance with §19.4(b), (c), and (e) of this title (relating to Operator Certification).(b) The scientific director or a designated representative may at any time make an inspection of an evidential breath alcohol testing facility or technical supervisor laboratory to ensure compliance with this subchapter.(c) Technical supervisors, when required, shall provide expert testimony by direct testimony or by affidavit concerning the approval of techniques and methods under their supervision.</content><note type="source"><p>Source Note: The provisions of this §19.3 adopted to be effective January 12, 2015, 40 TexReg 250.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.4"><num value="19.4">§19.4</num><heading>Operator Certification</heading><content>(a) Certification.(1) Prior to certification an applicant must establish proof of association, or pending association with: a law enforcement agency, or a laboratory, actively engaged in evidential breath alcohol testing, or a certified school of instruction in Texas or proof of pending association upon receipt of certification.(2) Conviction history:(A) persons convicted of a felony or a Class A misdemeanor shall not be eligible to be a certified operator;(B) persons convicted of a Class B misdemeanor within the last 10 years shall not be eligible to be a certified operator;(C) persons receiving a driver license suspension or a denial to issue a driver license for refusal to submit to the taking of a specimen per the provisions of Texas Transportation Code, Chapter 724 or Chapter 522 within the last 5 years shall not be eligible to be a certified operator.(3) Prior to initial certification as a breath test operator, an applicant must successfully complete a course of instruction meeting the criteria set forth in §19.6 of this title (relating to Approval of Courses of Instruction).(4) Prior to certification as an operator of a breath alcohol testing instrument, an applicant must satisfactorily meet the criteria, set forth by the scientific director or a designated representative, as detailed in this paragraph:(A) a written examination;(B) establish competency in the operation of the instrument on which the operator is to be certified and the proper completion of all required reports and records;(C) failure of the written examination and/or failure to establish competency in the operation of the instrument will cause the applicant to be ineligible for reexamination for a period of 30 days. A subsequent failure of either criteria will require that the candidate attend and satisfactorily complete the initial course of instruction for certification of a breath test operator.(5) Upon successful completion of the requirements for certification, the scientific director will issue the individual an operator certificate for a period of time designated by the scientific director or until the next examination for renewal unless inactivated or suspended.(6) If an operator is certified to operate a specific brand and/or model of equipment and is required to be certified on an additional brand and/or model of equipment, the scientific director may waive portions of this section and only require instruction needed to acquaint the applicant with proper operation of the new brand and/or model of equipment.(b) Renewal of current certification. In order to maintain current certification, the operator is required to renew certification prior to its expiration date. The minimum requirement for renewal of operator certification will be:(1) The proper completion of any combination of five subject and/or practice tests as defined in the Texas Breath Alcohol Testing Program Operator Manual since the last issuance of an operator certificate per the provisions of subsection (a)(5) or (b)(5) of this section.(2) The satisfactory biennial completion of a course of instruction, the contents of which should include, but not be limited to, topics such as:(A) a brief review of the theory and operation of the breath alcohol test equipment;(B) a detailed review of the breath alcohol analysis and reporting procedures;(C) a review of procedural updates resulting from recent court decisions and legislation;(D) a review of current issues in the field of breath alcohol testing;(E) a written examination(3) Renewal of certification will be denied and current certification will be inactivated in accordance with subsection (d) of this section when the operator:(A) fails to properly complete a minimum of five tests in accordance with subsection (b)(1) of this section; or(B) fails the written examination.(4) An operator who fails renewal will be given the reason for failure and is not eligible to be reexamined for a period of 30 days. Reexamination will be pursuant to subsection (a)(4) of this section. A resulting failure will require that the operator attend and satisfactorily complete the initial course of instruction for certification of a breath test operator in order to regain current certification.(5) Upon successful completion of the requirements for renewal of certification, the scientific director will issue the individual an operator certificate for a period of time designated by the scientific director or until next examination for renewal unless inactivated or suspended.(c) Proficiency requirements.(1) The scientific director, or a designated representative, or the operator's technical supervisor may at any time require an operator to demonstrate proficiency in the proper operation of the instrument and analysis reporting procedures.(2) It is the responsibility of the operator to maintain proficiency.(3) Failure to pass a proficiency test will result in the suspension of the operator's certification for 30 days.(d) Certification inactivation and suspension.(1) Inactivation may be initiated by the certified operator in case of voluntary surrender of certification or by anyone with the authority to suspend. The technical supervisor or operator shall, without delay, notify the office of the scientific director of any such inactivation. Challenges to involuntary inactivation will be resolved at the discretion of the scientific director. Inactivation will be utilized, but is not limited to, as provided in this paragraph:(A) an operator transfers to a position where certification as a breath test operator is no longer desired;(B) an operator fails to renew certification prior to its expiration;(C) an operator terminates employment under which certification was acquired; or(D) administrative program control to safeguard the scientific integrity of the breath alcohol testing program.(2) Suspension of certification will be utilized when the scientific director and/or a technical supervisor determines an operator intentionally or purposefully disregards or violates these regulations, or commits a violation of law relating to breath testing, or falsely or deceitfully obtains certification, or for malfeasance or noncompliance with any provision of these regulations, or when in the technical supervisor's judgment the operator's performance is unreliable or the operator is incompetent.(A) The technical supervisor shall, without delay, notify the scientific director in writing of any such suspension and furnish a copy of such notice to the suspended operator and the operator's appropriate supervisor or department head. The suspended operator shall not be permitted to operate the instrument until such time as certification has been restored pursuant to subsection (e) of this section.(B) Upon receipt of the notification of suspension, the scientific director shall initiate, if not previously completed, an inquiry culminating in sustaining the suspension or setting aside the suspension.(C) The minimum period of suspension as determined by the scientific director will be for a period of time not less than 30 days. The technical supervisor or a designated representative of the scientific director may recommend a specific period of suspension to the scientific director.(D) Due to the immediate nature and the procedure for appeal, the individual initiating the suspension shall not be required to confer, consult, or obtain permission or approval from anyone prior to the initiation of the suspension. However, all suspensions must be consistent with procedures outlined in this subchapter.(3) An operator whose certification has been suspended may appeal such action in writing to the assistant director of the major division responsible for crime laboratory activities, Texas Department of Public Safety, who will determine if the action of the scientific director will be affirmed or set aside. The assistant director may reinstate the certification under such conditions as deemed necessary and notify the scientific director in writing.(e) Recertification. Certification that has been inactivated or suspended must be regained before evidential analyses may be administered. Recertification shall take place as detailed in this subsection:(1) recertification after inactivation for the failure to complete the renewal process prior to the expiration of current certification will be pursuant to subsection (a)(4) of this section;(2) recertification after inactivation or suspension will be pursuant to subsection (a)(4) of this section;(3) recertification after a change in instrumentation or testing methodologies will be at the discretion of the scientific director, will be pursuant to subsection (a)(6) of this section.(f) Certificate. The issuance of a certificate to the breath test operator shall be evidence that the operator has met the requirements for initial certification and/or renewal of certification.(g) Verification. The technical supervisor, when required, shall verify all aspects of operator certification, by direct testimony or by affidavit.</content><note type="source"><p>Source Note: The provisions of this §19.4 adopted to be effective January 12, 2015, 40 TexReg 250.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.5"><num value="19.5">§19.5</num><heading>Technical Supervisor Certification</heading><content>(a) The primary function of the technical supervisor is to provide the technical, administrative and supervisory expertise in safeguarding the scientific integrity of the breath alcohol testing program and to ensure the breath alcohol testing program's acceptability for evidential purposes. The technical supervisor, in matters pertaining to breath alcohol testing, is the field agent of the scientific director. Supervision by the technical supervisor in accordance with the provisions stated in these regulations shall include, but not be limited to:(1) supervision of certified operators in performance of breath alcohol test operations, including the proper completion of forms and records, and operator's compliance with the provisions stated in these regulations;(2) supervision of certified instrumentation and affiliated equipment;(3) supervision of data gathered for initial certification and/or approval of individual instruments;(4) supervision of techniques and methods, maintaining scientific integrity and upholding these regulations;(5) selection and supervision of a site location as it applies to security and technical suitability for testing;(6) supervision of compliance with the policy of public information and/or demonstrations of breath alcohol testing instruments and equipment;(7) all technical, administrative and regulatory aspects of breath alcohol testing; and(8) expert testimony by direct testimony or by affidavit concerning all aspects of breath alcohol testing.(b) The minimum qualifications for certification as a technical supervisor are:(1) a baccalaureate degree from an accredited college or university with a major in chemistry, or as an alternative, a major in another scientific field with sufficient semester hours in chemistry or other qualifications as determined by the scientific director (for the purposes of these regulations, sufficient hours in chemistry shall be defined as successful completion of the equivalent of a minimum of 18 semester hours of chemistry, no more than 8 of which may be freshman level.);(2) satisfactory completion of a course of instruction as set forth in §19.4(a)(3) of this title (relating to Operator Certification);(3) satisfactory completion of technical supervisor training approved by the scientific director, including, but not limited to:(A) advanced survey of current information concerning alcohol and its effects on the human body;(B) operational principles and theories applicable to the program;(C) instrument operations, maintenance, repair and calibration;(D) legal aspects of breath alcohol analysis;(E) principles of instruction;(4) knowledge and understanding of the scientific theory and principles as to the operation of the instrument and associated equipment;(5) prior to certification, a technical supervisor candidate must establish proof of association or pending association with an agency of laboratory actively engaged in evidential breath alcohol testing or with a course of instruction as set forth in §19.6 of this title (relating to Approval of Course of Instruction) upon receipt of certification. If the technical supervisor candidate or certified technical supervisor cannot establish such proof of association, certification will, at the discretion of the scientific director, be denied or inactivated;(6) Conviction history:(A) persons convicted of a felony or a Class A misdemeanor shall not be eligible to be a certified technical supervisor;(B) persons convicted of a Class B misdemeanor within the last 10 years shall not be eligible to be a certified technical supervisor;(C) persons receiving a driver license suspension or a denial to issue a driver license for refusal to submit to the taking of a specimen per the provisions of Texas Transportation Code, Chapter 724 or Chapter 522 within the last 5 years shall not be eligible to be a certified technical supervisor.(c) Certification.(1) Upon satisfactory proof to the scientific director by the applicant that the minimum qualifications set forth in subsection (b) of this section have been met, the scientific director will issue certification for a period of time designated by the scientific director unless inactivated or suspended.(2) A certified technical supervisor is fully authorized to conduct evidential subject tests and is not required to maintain a separate certification as a breath test operator as set forth in §19.4 of this title (relating to Operator Certification).(3) Technical supervisor certification may be voluntarily inactivated when it is no longer needed or inactivated at the discretion of the scientific director if the technical supervisor is no longer associated with an agency or laboratory actively engaged in evidential breath alcohol testing and/or with a course of instruction as set forth in §19.6 of this title (relating to Approval of Course of Instruction).(4) Technical supervisor certification may be suspended only by the scientific director for malfeasance, incompetence, falsely or deceitfully obtaining certification, or failure to carry out the responsibilities set forth in this subchapter.(5) A technical supervisor whose certification has been suspended may appeal such action in writing to the assistant director of the major division responsible for crime laboratory activities, Texas Department of Public Safety, who will decide whether the action of the scientific director will be affirmed or set aside. The assistant director may reinstate certification of the technical supervisor making such appeal under such conditions deemed necessary and notify the scientific director in writing.(d) Certificate. The issuance of a certificate to the technical supervisor shall be evidence that the technical supervisor has met the requirements for certification.(e) Renewal of current certification and recertification. In order to maintain current certification, the technical supervisor is required to renew certification prior to its expiration. The scientific director shall determine the minimum requirement for renewal of technical supervisor certification and for recertification after inactivation or suspension.</content><note type="source"><p>Source Note: The provisions of this §19.5 adopted to be effective January 12, 2015, 40 TexReg 250.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.6"><num value="19.6">§19.6</num><heading>Approval of Courses of Instruction</heading><content>(a) Any agency, laboratory, institution, school or college intending to offer a course of instruction for certified operators of evidential breath alcohol testing instruments, must have the course curriculum approved by the scientific director.(b) The operator course must utilize the most current revision of the Texas Breath Alcohol Testing Program Operator Manual as the primary instructional text and contain, as a minimum, these areas of instruction:(1) the effects of alcohol on the human body;(2) the operational principles of the breath alcohol testing instrument to be used, including:(A) a functional description of the testing method; and(B) a detailed operational description of the method with demonstrations.(3) legal aspects of breath alcohol testing;(4) supplemental information which is to include nomenclature appropriate to the field of breath alcohol testing;(5) participation in a laboratory setting operating the breath testing equipment. Laboratory practice will include the analysis of reference samples, as well as the analysis of breath samples from actual drinking subjects and completion of all required records and reports needed for documentation.(c) Each course of instruction shall be coordinated by, or under the general direction or supervision of, a certified technical supervisor.(d) All courses of instruction will be open to the scientific director or designated representative for inspection thereof.(e) Upon satisfactory proof of compliance of subsections (a) - (d) of this section to the scientific director, the scientific director will approve the course of instruction and its participants will be eligible to apply for operator certification.(f) Prior to commencing the course, it will be the responsibility of the teaching agency to make arrangements with the office of the scientific director for the administration of examinations.(g) Prior to the administration of the examination by the scientific director, it shall be the responsibility of the course of instruction coordinator(s) to provide proof that all students attending the course of instruction have been authorized and approved by the technical supervisor responsible for the technical supervision of the operator upon certification. Failure to provide this authorization will delay the administration of the examination and/or certification until such time as proof of authorization can be documented.(h) Examinations for operator certification after completion of a course will be in accordance with §19.4(a)(4) of this title (relating to Operator Certification).(i) Failure to maintain the provisions stated in this section will be cause for the scientific director to rescind approval of a course of instruction.</content><note type="source"><p>Source Note: The provisions of this §19.6 adopted to be effective January 12, 2015, 40 TexReg 250.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c19/scA/s19.7"><num value="19.7">§19.7</num><heading>Revisions</heading><content>The changes which are adopted with the revision of these regulations apply only to breath tests that are done after the date of this revision. Previous revisions of these regulations are not nullified and nothing herein should be construed as limiting or canceling the effect of old regulations on tests done under these previous regulations.</content><note type="source"><p>Source Note: The provisions of this §19.7 adopted to be effective January 12, 2015, 40 TexReg 250.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c21"><num value="21">CHAPTER 21</num><heading>EQUIPMENT AND VEHICLE SAFETY STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c21/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p1/c21/sc/s21.2"><num value="21.2">§21.2</num><heading>Standards for Vehicle Safety</heading><content>(a) Standards--Federal Motor Vehicle Safety Standard (FMVSS). The standard for vehicle equipment established by the Texas Department of Public Safety is identical to the applicable federal standard.(1) Lamps, Reflective Devices, and Associated Equipment--FMVSS 108. The standard detailed in this paragraph applies to lamps, reflective devices, and associated equipment installed on a vehicle as original, replacement, or aftermarket equipment. No additional lamp, reflective device, equipment, or other material is permitted to be installed on a vehicle that impairs the effectiveness of, or interferes with, lighting or reflective devices required by this standard. A lamp or reflective device installed in a location and manner described by FMVSS 108 must meet the prescribed color requirements regardless of whether or not the lamp or device is required equipment. The standards for the lamps, reflective devices, and associated equipment in subparagraphs (A) - (R) of this paragraph are described in FMVSS 108:(A) backup lamp;(B) clearance lamp;(C) hazard warning lamp, signal, flashers, and switches;(D) headlamp--sealed and nonsealed beam and housing;(E) identification lamp;(F) license plate lamp;(G) parking lamp (front position lamps);(H) reflex reflector;(I) intermediate side reflex reflectors;(J) replacement lenses;(K) school bus alternating warning lamp, signal, flashers, and switches;(L) side marker lamp;(M) intermediate side marker lamps;(N) stop signal lamp;(O) high-mounted stop lamp;(P) tail lamp (rear position lamps);(Q) turn signal lamp, signal, flashers, and switches; and(R) conspicuity systems (retroreflective and reflex reflectors for truck tractors, and trailers over 80 inches wide and with gross vehicle weights over 10,000 pounds).(2) Warning Devices--FMVSS 125. This standard applies to devices, without self-contained energy sources, designed to be carried in motor vehicles and used to warn approaching traffic of the presence of a stopped vehicle, except for devices designed to be permanently affixed to the vehicle.(3) Safety glass and glazing--FMVSS 205.(4) Seat belts--FMVSS 209.(b) Standards--Society of Automotive Engineers (SAE). The standard for vehicle equipment established by the Texas Department of Public Safety in which no federal standard is in effect is identical to the applicable standard adopted by the Society of Automotive Engineers.(1) Lighting devices (auxiliary)--SAE:(A) auxiliary low beam (passing lamp)--J582;(B) driving lamp--J581;(C) fog lamp--J583;(D) spot lamp--J591;(E) high mounted stop and turn signal lamp--J186;(F) cornering lamp--J852;(G) side turn signal lamp--J914;(H) flashing warning lamp for emergency vehicle--J595; and(I) 360-degree emergency warning lamp--J845.(2) Special vehicle equipment--SAE:(A) warning lamp alternating flashers--J1054; and(B) motorcycle auxiliary front lamps--J1306.</content><note type="source"><p>Source Note: The provisions of this §21.2 adopted to be effective April 12, 2012, 37 TexReg 2430; amended to be effective January 12, 2015, 40 TexReg 256; amended to be effective November 17, 2022, 47 TexReg 7561.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c21/sc/s21.3"><num value="21.3">§21.3</num><heading>Standards for Sunscreening and Privacy Window Devices</heading><content>(a) The words and terms detailed in this section, shall have the following meanings unless the context clearly indicates otherwise:(1) Sunscreening device--A glazing, film material, or device for reducing the effects of visible sunlight and/or preventing observation. This does not include glazing or film material without visible tinting providing protection from the effects of ultraviolet light because this type of sunlight is not visible to the human eye.(2) Light transmission--Has the meaning assigned by §547.001(3) of the Transportation Code.(3) Luminous reflectance--Has the meaning assigned by §547.001(4) of the Transportation Code.(4) Manufacturer--Has the meaning assigned by §547.613(g)(2) of the Transportation Code.(5) Installer--Has the meaning assigned by §547.613(g)(1) of the Transportation Code.(b) All sunscreening devices used as standard equipment, optional equipment, or in replacement parts, adhering to the federal standards at the time of vehicle manufacture, are authorized.(c) After-market sunscreening devices. Standards and specifications described in paragraphs (1) - (4) of this subsection apply to after-market sunscreening devices applied in conjunction with window glazing (vehicle safety glass) meeting federal standards.(1) All installed after-market sunscreening devices will be measured in combination with the vehicle's original equipment (window glass).(2) Windshields. No after-market sunscreening devices shall be installed, affixed, or applied to a vehicle windshield below the AS-1 line, or five inches from the top of the windshield if the AS-1 line annotation is not present.(A) If an additional sunscreening device is used above the AS-1 area of the windshield, the light transmission value, in combination with the original windshield glazing, must be 25% or more.(B) The luminous reflectance of any additional sunscreening devices used above the AS-1 area of the windshield must be 25% or less.(C) An installed after-market sunscreening device used on the windshield may not be of a red, blue, or amber color.(3) Side Windows. Side windows to the immediate left and right of the operator must have at least a 25% light transmission value and luminous reflectance of 25% or less, over the entire surface area of the window. Side windows to the rear of the driver, both left and right, have no minimum requirement for light transmission.(4) Rear (back) windows.(A) If the vehicle has left and right outside mirrors that are located so as to reflect to the driver a view of the highway through each mirror a distance of at least 200 feet to the rear of the vehicle, there is no minimum light transmission requirement.(B) If the vehicle is not equipped with both a left and right side outside mirrors that are located so as to reflect to the driver a view of the highway through each mirror a distance of at least 200 feet to the rear of the vehicle, the rear window must have a 25% light transmission value for the area used for driver visibility value. A glazing shade band is authorized at the topmost portion of the rear window, as with the windshield. The shade band area is authorized to have less than 25% light transmission. The device must have a luminous reflectance of 25% or less.(d) Window covers and other window privacy devices.(1) The use of curtains, blinds, drapes, or stick-on novelty designs in the rear window or windows is not prohibited if the vehicle has left and right outside mirrors that are located so as to reflect to the driver a view of the highway through each mirror a distance of at least 200 feet to the rear of the vehicle.(2) Louvered materials, when installed as designed, shall not reduce the area of driver rear visibility below 50% as measured on a horizontal plane. When such materials are used in conjunction with the rear window, the measurement shall be made based upon the driver's view from the inside rearview mirror.(e) Medical exceptions.(1) Notwithstanding the foregoing provisions of this section, a motor vehicle operated by or regularly used to transport any person with a medical condition which renders the person susceptible to harm or injury from exposure to sunlight or bright artificial light may be equipped, on all the windows except the windshield, with sunscreening devices that reduces the light transmission values of less than 25%. An untinted film or glaze may be applied to the area below the AS-1 line of the windshield of a motor vehicle provided the total visible light transmission is not reduced by 5%. Vehicles equipped with sunscreening devices under this medical exception shall not be operated on any highway unless, while being so operated, the driver or an occupant of the vehicle possesses a signed statement from a licensed physician or licensed optometrist.(2) The signed statement from a licensed physician or licensed optometrist shall:(A) identify with reasonable specificity the driver or occupant of the vehicle; and(B) state that, in the physician's or optometrist's professional opinion, the equipping of the vehicle with sunscreening devices is necessary to safeguard the health of the driver or occupant of the vehicle.(f) Manufacturer and installer requirements.(1) Each manufacturer shall obtain certification from the Texas Department of Public Safety of sunscreening devices used on the side windows of passenger vehicles and windows immediately to the left and right of the vehicle operator on all other vehicles. To obtain certification the manufacturer will provide test results that the product or material manufactured or assembled complies with the light transmission and luminous reflectance requirements of this section.(2) Each manufacturer shall provide a label with a means for permanent and legible installation between the material and each glazing surface to which it is applied that contains the name or registration number of the manufacturer and a statement that complies with Texas Transportation Code, §547.609.(3) Each manufacturer shall include instructions with the sunscreening device, product, or material for proper installation, including the affixing of the label required by this section.(4) No installer or business shall apply or affix to the windows of any motor vehicle in this state a sunscreening device that is not in compliance with requirements of this section.(5) At a minimum, installers shall affix the label described in paragraph (2) of this subsection between the sunscreening device and the lower rearward corner of the driver's left side window which is legible from the outside of the vehicle.</content><note type="source"><p>Source Note: The provisions of this §21.3 adopted to be effective April 12, 2012, 37 TexReg 2430; amended to be effective January 12, 2015, 40 TexReg 256; amended to be effective January 3, 2019, 43 TexReg 8632; amended to be effective November 17, 2022, 47 TexReg 7561.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c21/sc/s21.4"><num value="21.4">§21.4</num><heading>Standards for Safety Guards or Flaps</heading><content>(a) Safety guards or flaps are required on all trucks, trailers, or semitrailers (in combination with a towing vehicle), if the rearmost axle of the vehicle (or combination) has four tires or more, or at least two super single tires. They are not required on buses, pole trailers, motor homes, or truck tractors. In this section, "super single tire" means a wide-base, single tire that may be used in place of two standard tires on the same axle.(b) Safety guards or flaps shall be located and suspended behind the rearmost wheels of such vehicle or if in combination behind the rearmost wheels of such combination to within eight inches of the surface of the roadway.(c) A tolerance of four inches will be allowed.(d) Safety guards or flaps shall be at least as wide as the tires they are protecting.(e) When trailers and semitrailers are operated in combination with a towing vehicle, safety guards or flaps will be required on the rearmost axle of such combination.(f) Safety guards or flaps shall be of metal, rubber, rubberized material, or other substantial material, capable of remaining in place back of rear wheels by their own weight or structure while the said vehicle is being operated.(g) The construction of safety guards or flaps will be such that they will remain in proper place back of rear wheels and will be rigid enough to prevent slush, mud, gravel, and other roadway material or debris being transmitted from the vehicle's rear wheels to the windshield of the following vehicle.(h) Safety guards or flaps should be securely mounted, as wide as the tire that it is protecting, not split or torn to the extent that it is ineffective and the bottom edge of the safety guard or flap shall be no more than 12 inches from the surface of the roadway while the vehicle is standing still, or otherwise not in motion.(i) A flexible safety guard or flap may swing upwards and backwards while the vehicle is moving, so long as the safety guard or flap continues to block the trajectory of slush, mud, gravel, and other roadway material or debris which would otherwise be transmitted to the windshield of a following vehicle while both vehicles are in motion.</content><note type="source"><p>Source Note: The provisions of this §21.4 adopted to be effective April 12, 2012, 37 TexReg 2430.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c21/sc/s21.5"><num value="21.5">§21.5</num><heading>Standards for Safety Chains</heading><content>(a) A person may not operate a passenger car or light truck while towing a trailer, semitrailer, house trailer, or another motor vehicle on a public highway unless safety chains of a type approved by the department are attached in a manner approved by the department from the trailer, semitrailer, house trailer, or drawn motor vehicle to the towing vehicle.(b) Exceptions.(1) Does not apply to trailers, or semitrailers, used for agricultural purposes.(2) Does not apply to trailers, semitrailers, house trailers, or drawn motor vehicles operated in compliance with the Federal Motor Carrier Safety Regulations.(3) Does not apply to trailers, semitrailers, or house trailers which are equipped with safety chains installed by the original manufacturer before the effective date of this section, August 18, 1994.(4) Does not apply to fifth wheel or gooseneck semitrailers.(c) Definition of Terms.(1) House trailer--A trailer or semitrailer:(A) which is designed, constructed, and equipped as a dwelling place, living abode, or sleeping place (either permanently or temporarily) and equipped for use as a conveyance on streets and highways; or(B) whose chassis and exterior shell is designed and constructed for use as a house trailer, as defined in subparagraph (A) of this paragraph, but which is used instead permanently or temporarily for the services, or for any other commercial purpose except the transportation of property for hire or the transportation of property for distribution by a private carrier.(2) Light truck--Any truck with a manufacturer's rated carrying capacity not to exceed 2,000 pounds and is intended to include those trucks commonly known as pickup trucks, panel delivery trucks and carryall trucks.(3) Motor vehicle--A self-propelled or towed vehicle used to transport passengers or property upon a public highway.(4) Passenger car--A motor vehicle, other than a motorcycle, golf cart, light truck, or bus, designed or used primarily for the transportation of persons.(5) Safety chains--A series of metal links or rings connected to or fitted into one another, and are inclusive of the hooks, coupling devices, and other connections, necessary in the coupling together of a towing or towed vehicle.(6) Semitrailer--Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so constructed that some part of its weight and that of its load rests upon or is carried by another vehicle.(7) Trailer--Every vehicle with or without motive power, other than a pole trailer, designed for carrying persons or property and for being drawn by a motor vehicle and so connected that no part of its weight rests upon the towing vehicle.(8) Truck--Every motor vehicle designed, used, or maintained primarily for transportation of property.(d) Specifications for safety chains.(1) Two separate and individual safety chains shall be used simultaneously in all situations where safety chains are required.(2) The two safety chains will be of equal length, long enough to permit free turning of the vehicles without placing stress on the chains, and attached to the towing vehicle equidistant right and left of the point at which the vehicles are connected. The safety chains must be connected to the towed and towing vehicles and to the tow-bar in a manner which prevents the tow-bar from dropping to the ground in the event it fails or becomes disconnected. In no event will the safety chains be allowed to contact the road surface during movement of the vehicles.(3) Safety chains shall be of sufficient strength to prevent the vehicles from separating in the event the towed vehicle disengages from the towing vehicle under ordinary towing conditions.(4) Safety chains must be attached to either side of the tongue or connecting apparatus of the towed vehicle, equidistant forward and aft of the hitch or connector. They shall not be directly welded to the towed vehicle, but rather shall be connected by means of bolts, pins, or other secure connecting methods, that meet necessary strength requirements.(e) Enforcement Policy. When the use of safety chains are required in accordance with subsection (a) of this section, enforcement actions should be initiated against all persons apprehended who are operating a towing and towed vehicle in combination:(1) without both safety chains securely attached;(2) when safety chains are improperly attached to the degree that one or both are in contact with surface of the road;(3) when the failure of either or both safety chains or the manner in which they are attached allow the vehicles to become disconnected or allow the tongue or connecting apparatus of the towed vehicle to come into contact with the road surface during ordinary towing operations; or(4) when the failure of either or both safety chains or the manner in which they are attached results in an accident.</content><note type="source"><p>Source Note: The provisions of this §21.5 adopted to be effective April 12, 2012, 37 TexReg 2430; amended to be effective September 8, 2013, 38 TexReg 5740.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c21/sc/s21.6"><num value="21.6">§21.6</num><heading>Motorcycle Operator and Passengers Protective Headgear Minimum Safety Standards and Exemption for Motorcycle Protective Headgear</heading><content>(a) The Federal Motor Vehicle Safety Standard, Number 218, concerning Motorcycle Helmets, and all amendments thereto, is adopted by the department as the minimum standard for motorcycle helmets sold for and worn by motorcycle operators and passengers on public roadways in Texas.(b) Persons 21 years old or older are exempt from wearing a motorcycle helmet if they:(1) have successfully completed a motorcycle operator training course as approved under Texas Transportation Code, Chapter 662; or(2) are covered by a health insurance plan providing the person with medical benefits for injuries incurred as a result of an accident while operating or riding upon a motorcycle.(c) A motorcycle operator training course is any course approved by Texas Department of Licensing and Regulation (TDLR).(d) Proof of successful completion of a TDLR approved motorcycle operator training course is a motorcycle operator training course completion card. A completion card from another state or military base indicating that the course attended meets or exceeds the educational standards of the Motorcycle Safety Foundation is acceptable.(e) A health insurance plan is defined as an individual, group, blanket, or franchise insurance policy, insurance agreement, group hospital services contract, health maintenance organization membership, or employee benefit plan that provides benefits for health care services or for medical or surgical expenses incurred as a result of an accident.(f) The Texas Department of Insurance shall prescribe a standard proof of health insurance for issuance to persons who are at least 21 years of age and covered by a health insurance plan described in subsection (b)(2) of this section.</content><note type="source"><p>Source Note: The provisions of this §21.6 adopted to be effective April 12, 2012, 37 TexReg 2430; amended to be effective November 5, 2020, 45 TexReg 7716.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c21/sc/s21.9"><num value="21.9">§21.9</num><heading>Slow-Moving Vehicle Emblem Standards</heading><content>The American Society of Agricultural and Biological Engineers, Standard S276 and all amendments thereto, except visibility requirements and mounting requirements, is adopted by the department as the standard for slow-moving vehicle emblems used in Texas.</content><note type="source"><p>Source Note: The provisions of this §21.9 adopted to be effective April 12, 2012, 37 TexReg 2430; amended to be effective September 8, 2013, 38 TexReg 5740.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c23"><num value="23">CHAPTER 23</num><heading>VEHICLE INSPECTION</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scA"><num value="A">SUBCHAPTER A</num><heading>VEHICLE INSPECTION STATION AND VEHICLE INSPECTOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scA/s23.1"><num value="23.1">§23.1</num><heading>New or Renewal Vehicle Inspection Station Applications</heading><content>(a) Applicants for new or renewal vehicle inspection station certification must apply in a manner prescribed by the department.(b) By submitting a new or renewal vehicle inspection station application form, the applicant agrees to allow the department to conduct background checks as authorized by law.(c) A new or renewal vehicle inspection station application must include, but is not limited to, the items listed in paragraphs (1) - (3) of this subsection:(1) Criminal history disclosure of all convictions for the applicant or, if the applicant is an entity other than an individual, for the executive officer or other individual specifically authorized by the entity to sign the application;(2) Proof of ownership and current status as required by the department. Such proof includes, but is not limited to, a current Certificate of Fact from the Texas Secretary of State and a Certificate of Account Status from the Texas Comptroller of Public Accounts; and(3) Payment of the vehicle inspection station nonrefundable new and renewal application fee of $100.(d) If an incomplete new or renewal vehicle inspection station application is received, notice will be sent to the applicant stating the application is incomplete and specifying the information required for completion.(e) The new or renewal vehicle inspection station applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the information, the application will be considered withdrawn and a new application must be submitted.(f) A new or renewal vehicle inspection station application is complete when:(1) It contains all items, including proof of identification, as required by the department.(2) It conforms to Texas Transportation Code, Chapter 548, this chapter, and the Texas vehicle inspection program's instructions.(3) All fees are paid pursuant to Texas Transportation Code, Chapter 548 and this chapter.(4) All requests for additional information are satisfied.(g) The vehicle inspection station certificate will expire on December 31 of the odd numbered year following the date of issuance and is renewable every two years thereafter.(h) A renewal of the vehicle inspection station certification issued by the department is conditional upon the receipt of criminal history record information.(i) For a new or renewal vehicle inspection station application to be approved, the owner must:(1) be at least 18 years of age;(2) not be currently suspended or revoked in the Texas vehicle inspection program;(3) have a facility that meets the standards for the appropriate class set forth in this chapter;(4) have equipment that meets the standards set forth in §23.13 of this title (relating to Equipment Requirements for Commercial Safety Inspection Stations); and(5) meet all other eligibility criteria under Texas Transportation Code, Chapter 548 or this chapter.(j) Certificate holders of vehicle inspection stations must submit a new application, including applicable fees, to change a location or make a change of ownership.(k) Applicants for new or renewal vehicle inspection station certification must apply for one of the classes defined in paragraphs (1) - (3) of this subsection:(1) Public--A station open to the public performing inspections on vehicles presented by the public. Stations open to the public will not be issued a fleet vehicle inspection station license unless such stations are currently certified as a public vehicle inspection station;(2) Fleet--A station not providing vehicle inspection services to the public; or(3) Government--A station operated by a political subdivision or agency of this state.(l) Failure to meet the requirements of subsection (i) of this section will result in the denial of the application.</content><note type="source"><p>Source Note: The provisions of this §23.1 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256; amended to be effective September 15, 2016, 41 TexReg 7119; amended to be effective May 14, 2020, 45 TexReg 3138; amended to be effective January 1, 2025, 49 TexReg 10656.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scA/s23.2"><num value="23.2">§23.2</num><heading>Changes and Updates to Vehicle Inspection Station Information</heading><content>(a) A vehicle inspection station certificate holder must notify the department of a business name change in a manner prescribed by the department within 30 days of such change.(b) If a vehicle inspection station ceases operations related to vehicle inspection, the certificate holder must notify the department and immediately return all forms, signs, equipment furnished by the department and/or state authorized vendor(s), and other official materials relating to the state inspection program. Failure to comply with the requirement of this section may result in criminal prosecution, as well as necessary civil recovery action and may impede any reappointment of the vehicle inspection station.</content><note type="source"><p>Source Note: The provisions of this §23.2 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scA/s23.3"><num value="23.3">§23.3</num><heading>New or Renewal Vehicle Inspector Applications</heading><content>(a) Applicants for a new or renewal vehicle inspector certificate must apply in a manner prescribed by the department.(b) By submitting a new or renewal vehicle inspector application, the applicant agrees to allow the department to conduct background checks as authorized by law.(c) A new or renewal vehicle inspector application must include, but is not limited to, the items listed in paragraphs (1) and (2) of this subsection:(1) Criminal history disclosure of all convictions of the vehicle inspector applicant; and(2) Payment of the new or renewal vehicle inspector nonrefundable application fee of $25.(d) If an incomplete new or renewal vehicle inspector application is received, notice will be sent to the applicant stating that the application is incomplete and specifying the information required for completion.(e) The new or renewal vehicle inspector applicant has 60 calendar days after receipt of notice to provide the required information and submit a complete application. If an applicant fails to furnish the information, the application will be considered withdrawn.(f) A new or renewal vehicle inspector application is complete when:(1) It contains all items required by the department.(2) It conforms to Texas Transportation Code, Chapter 548, this chapter, and the Texas vehicle inspection program's instructions.(3) All fees are paid pursuant to Texas Transportation Code, Chapter 548 and this chapter.(4) All requests for additional information are satisfied.(5) The applicant has completed department provided training as outlined in this chapter.(6) The applicant has passed an examination with a grade of not less than 80 on Texas Transportation Code, Chapter 548, this chapter, and regulations of the department pertinent to the Texas vehicle inspection program.(7) The applicant has successfully demonstrated the ability to correctly operate the required testing devices (commercial inspectors only).(g) The new or renewal vehicle inspector certificate will expire on December 31 of the even numbered year following the date of issuance and is renewable every two years thereafter.(h) A renewal of the vehicle inspector certification issued by the department is conditional upon the receipt of criminal history record information.(i) For a new or renewal vehicle inspector application to be approved the applicant must:(1) be at least 18 years of age;(2) provide the applicant's driver license number;(3) not be currently suspended or revoked in the Texas vehicle inspection program; and(4) meet all other eligibility criteria under Texas Transportation Code, Chapter 548 or this chapter.</content><note type="source"><p>Source Note: The provisions of this §23.3 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256; amended to be effective September 15, 2016, 41 TexReg 7119; amended to be effective May 14, 2020, 45 TexReg 3138; amended to be effective January 1, 2025, 49 TexReg 10656.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scA/s23.4"><num value="23.4">§23.4</num><heading>Changes and Updates to Vehicle Inspector Employment, Address, or Name</heading><content>(a) If a certified vehicle inspector changes their place of employment, the inspector must prove their ability to correctly operate the testing equipment at such new vehicle inspection station.(b) If a certified vehicle inspector changes their place of residence, the inspector must notify the department of their new permanent street address within 30 days of the date of the change.(c) If a certified vehicle inspector changes their name, the inspector must notify the department of their new name within 30 days of the date of the change.</content><note type="source"><p>Source Note: The provisions of this §23.4 adopted to be effective March 13, 2013, 38 TexReg 1700.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scA/s23.5"><num value="23.5">§23.5</num><heading>Vehicle Inspection Station and Vehicle Inspector Disqualifying Criminal Offenses</heading><content>(a) Vehicle inspection stations and vehicle inspectors are entrusted with ensuring vehicles traveling on the roads of Texas are in compliance with the vehicle emissions requirements of the emissions inspection program, the State Implementation Plan, and the commercial vehicle inspection program. The State Implementation Plan is available at the following website: https://www.tceq.texas.gov/airquality/sip/. Vehicle inspection stations and vehicle inspectors have access to vehicle owners' personal information and have constant access to and are responsible for the lawful disposition of government records. For these reasons, the department has determined that the offenses contained within this section relate directly to the duties and responsibilities of vehicle inspection stations and vehicle inspectors certified under Texas Transportation Code, Chapter 548. The types of offenses listed in this section are general categories that include all specific offenses within the corresponding chapter of the Texas Penal Code and any such offenses regardless of the code in which they appear that relate to vehicle inspections or the operation of vehicle inspection stations.(b) The offenses listed in paragraphs (1) - (8) of this subsection are intended to provide guidance only and are not exhaustive of either the types of offenses that may relate to vehicle inspections or the operation of a vehicle inspection station or those that are independently disqualifying under Texas Occupations Code, §53.021(a)(2) - (4). The disqualifying offenses also include those crimes under the laws of another state or the United States, if the offense contains elements that are substantially similar to the elements of a disqualifying offense under the laws of this state. Such offenses also include the "aggravated" or otherwise heightened versions of the offenses listed in paragraphs (1) - (8) of this subsection. In addition, after due consideration of the circumstances of the criminal act and its relationship to the position of trust involved in vehicle inspections or the operation of a vehicle inspection station, the department may find that a conviction not described in this section also renders a person unfit to hold a certificate as a vehicle inspector or vehicle inspection station owner. In particular, an offense that is committed in one's capacity as a vehicle inspection station owner or vehicle inspector, or an offense that is facilitated by licensure as an owner or inspector, will be considered related to the occupation and will render the person unfit to hold the certification.(1) Arson, Criminal Mischief, and Other Property Damage or Destruction (Texas Penal Code, Chapter 28).(2) Robbery (Texas Penal Code, Chapter 29).(3) Burglary and Criminal Trespass (Texas Penal Code, Chapter 30).(4) Theft (Texas Penal Code, Chapter 31).(5) Fraud (Texas Penal Code, Chapter 32).(6) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36).(7) Perjury and Other Falsification (Texas Penal Code, Chapter 37).(8) Criminal Homicide (Texas Penal Code, Chapter 19).(c) A felony conviction for any such offense is disqualifying for ten years from the date of conviction, unless the offense was committed in one's capacity as a vehicle inspection station owner or vehicle inspector or was facilitated by licensure as an owner or inspector, in which case it is permanently disqualifying. Conviction for a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an offense listed in Texas Code of Criminal Procedure, Article 42A.054, is permanently disqualifying.(d) A Class A misdemeanor conviction for an offense listed in this section and any other offense determined by the department to directly relate to the duties and responsibilities of vehicle inspection stations or vehicle inspectors, including any unlisted offense committed in one's capacity as a vehicle inspection station owner or vehicle inspector or that was facilitated by licensure as an owner or inspector, is disqualifying for five years from the date of conviction.(e) A Class B misdemeanor conviction for an offense listed in this section and any other offense determined by the department to directly relate to the duties and responsibilities of vehicle inspection stations or vehicle inspectors, including any unlisted offense committed in one's capacity as a vehicle inspection station owner or vehicle inspector or that was facilitated by licensure as an owner or inspector, is disqualifying for two years from the date of conviction.(f) A person who is otherwise disqualified pursuant to the criteria in this section may submit documentation as detailed in paragraphs (1) - (8) of this subsection as evidence of his or her fitness to perform the duties and discharge the responsibilities of a vehicle inspection station certificate holder or vehicle inspector:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) letters of recommendation;(7) evidence the applicant has:(A) maintained a record of steady employment;(B) supported the applicant's dependents;(C) maintained a record of good conduct; and(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and(8) any other evidence relevant to the person's fitness for the certification sought.(g) The failure to provide the required documentation in a timely manner may result in the proposed action being taken against the application or license.</content><note type="source"><p>Source Note: The provisions of this §23.5 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256; amended to be effective September 15, 2016, 41 TexReg 7119; amended to be effective January 5, 2017, 41 TexReg 10662; amended to be effective January 3, 2019, 43 TexReg 8634; amended to be effective May 14, 2020, 45 TexReg 3138; amended to be effective January 1, 2025, 49 TexReg 10656.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scA/s23.6"><num value="23.6">§23.6</num><heading>Training</heading><content>(a) When attending a department training course, the applicant must:(1) provide a department approved government issued photo identification;(2) not be under the influence of drugs or alcohol;(3) cooperate with the classroom rules as provided by department personnel;(4) maintain good order and discipline during the training course; and(5) successfully pass the written examination.(b) Conduct which is disruptive or unsafe shall be grounds for immediate ejection from the training course and may result in the termination of the application process.(c) The applicant for a vehicle inspector certification will be given three (3) opportunities to pass the written exam. Failure to pass the exam within 30 days of the date of training will terminate the application process.(d) Once a completed application for a renewal of a vehicle inspector certification is received by the department, the applicant may be required to receive training and take a test prior to recertification.(e) Each certified vehicle inspector must qualify, by training and examination provided by the department, for one or more of the endorsements listed in paragraphs (1) or (2) of this subsection which indicate the type of vehicle inspection reports the inspector is certified to issue and the types of vehicle inspections the inspector is qualified to perform.(1) C. May inspect any vehicle requiring a commercial inspection report.(2) E. May inspect any vehicle requiring an emissions inspection report.(f) The department representative may, if the vehicle inspector's performance warrants, require the vehicle inspector to take and pass all or a portion of the written test or require attendance at a vehicle inspection training program. Failure to pass a required test or refusal to comply with the department representative's request under this section may result in suspension of the vehicle inspector's certificate. The suspension will remain in effect until the inspector passes the required test or complies with the department representative's request, whichever is applicable.</content><note type="source"><p>Source Note: The provisions of this §23.6 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 256; amended to be effective May 14, 2020, 45 TexReg 3138; amended to be effective January 1, 2025, 49 TexReg 10656.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scB"><num value="B">SUBCHAPTER B</num><heading>GENERAL VEHICLE INSPECTION STATION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scB/s23.11"><num value="23.11">§23.11</num><heading>General Vehicle Inspection Station Requirements</heading><content>(a) To be certified as a vehicle inspection station, the station's facilities must meet the standards listed in paragraphs (1) - (7) of this subsection:(1) be of a permanent type;(2) have a permanent roof;(3) have a minimum of two permanent walls constructed of substantial material such as steel, masonry, or wood that is effective at protecting the building and equipment from the elements;(4) have a hard surfaced floor;(5) have an entrance to the approved inspection area of sufficient size to allow entry of any vehicle the station is endorsed to inspect (other than oversized vehicles as provided in subsection (c) of this section);(6) have a display area located in the customer waiting area approved by the department. Only official notices, licenses, letters from the department, procedure charts, or other documents authorized by the department may be exhibited in the display area; and(7) have a designated customer waiting area protected from the elements.(b) To be certified as a vehicle inspection station, the designated space approved for inspection purposes must meet the standards detailed in this subsection:(1) be an area of at least 12 feet wide by 24 feet long and made of a hard surface such as asphalt or concrete;(2) be clear of obstacles and debris that would interfere with the safe operation of a vehicle and inspection of required items;(3) have lighting sufficient to afford good visibility for performing all inspection procedures; and(4) be contained entirely within a building and protected from the elements.(c) A vehicle inspection station may have an additional area approved by the department for the inspection of oversized vehicles. This area may be located outside the building.</content><note type="source"><p>Source Note: The provisions of this §23.11 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 257; amended to be effective January 1, 2025, 49 TexReg 10657.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scB/s23.12"><num value="23.12">§23.12</num><heading>Standards of Conduct</heading><content>(a) The DPS Training and Operations Manual for official vehicle inspection stations and certified vehicle inspectors must be the instruction and training guide for the operation of all vehicle inspection stations and certified vehicle inspectors. It will serve as procedure for all vehicle inspection station operations and inspections performed. The DPS Training and Operations Manual (Revised January 2025) is adopted by reference and available at the following website: https://www.dps.texas.gov/internetforms/getForm.ashx?id=VI-87.pdf.(b) All vehicle inspection stations must record the inspection of all vehicles, whether the vehicle passed, failed, or was repaired, into the appropriate state vehicle inspection database using a department approved device at the time of the inspection.(c) Fleet and government vehicle inspection stations must not inspect vehicles owned by officers, employees, or the general public.(d) A vehicle inspection station must have a certified and properly endorsed vehicle inspector on duty to perform inspections during posted inspection hours.(e) No vehicle inspection station shall refuse to inspect a vehicle for which it is endorsed that is presented for inspection during the posted inspection hours without an objective justifiable cause related to safety.(f) A certified vehicle inspector must conduct a complete and thorough inspection of every vehicle presented for an official inspection in accordance with this chapter and Texas Transportation Code, Chapter 548, as authorized by the vehicle inspector's certification and by the vehicle inspection station's endorsement.(g) A certified vehicle inspector must not use, nor be under the influence of, alcohol or drugs while on duty. Prescription drugs may be used when prescribed by a licensed physician, provided the inspector is not impaired while on duty.(h) A certified vehicle inspector must inspect a vehicle presented for inspection within a reasonable time.(i) A certified vehicle inspector must conduct each inspection in the approved inspection area of the vehicle inspection station location designated on the certificate of appointment. The road test may be conducted outside this area.(j) The certified vehicle inspector must consult the vehicle owner or operator prior to making a repair or adjustment.(k) Inspections may be performed by more than one certified vehicle inspector, but the inspector of record is responsible for ensuring the inspection is completed in accordance with Texas Transportation Code, Chapter 548 and this chapter.(l) The certified vehicle inspector must not require a vehicle owner whose vehicle has been rejected to have repairs made at a specific garage.(m) The certified vehicle inspector must maintain a clean and orderly appearance and be courteous in his contact with the public.(n) Any services offered in conjunction with the vehicle inspection must be separately described and itemized on the invoice or receipt.(o) At the conclusion of the inspection, the vehicle inspector must issue a signed vehicle inspection report to the owner or operator of the vehicle indicating whether the vehicle passed or failed.(p) If the vehicle inspection report shows the vehicle being inspected to be subject to a safety recall, where reasonably practical, the inspector shall advise the vehicle owner or operator that the vehicle is subject to a recall and that further details can be obtained from the dealer or manufacturer. The vehicle inspection station owner may delegate this responsibility to another employee of the station, but the station owner is responsible for ensuring compliance with this section.(q) An inspection customer's vehicle may not be driven outside of the inspection bay by an inspector who does not have a currently valid driver license to operate the vehicle in Texas.</content><note type="source"><p>Source Note: The provisions of this §23.12 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 257; amended to be effective May 14, 2020, 45 TexReg 3139; amended to be effective January 1, 2025, 49 TexReg 10657.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scB/s23.13"><num value="23.13">§23.13</num><heading>Equipment Requirements for Commercial Safety Inspection Stations</heading><content>(a) All testing equipment must be approved by the department. All testing equipment must be installed and used in accordance with the manufacturer's and department's instructions. Equipment must be arranged and located at or near the approved inspection area and readily available for use.(b) When equipment adjustments and calibrations are needed, the manufacturer's specifications and department's instructions must be followed. Defective equipment must not be used, and the vehicle inspector or station must cease performing inspections until such equipment is replaced, recalibrated, or repaired and returned to an operational status.(c) To be certified as a vehicle inspection station, the station is required to possess and maintain, at a minimum, the equipment listed in paragraphs (1) - (6) of this subsection:(1) a measured and marked brake test area which has been approved by the department or an approved brake testing device;(2) a measuring device clearly indicating measurements of 12 inches, 15 inches, 20 inches, 24 inches, 54 inches, 60 inches, 72 inches, and 80 inches to measure reflector height, clearance lamps, side marker lamps, and turn signal lamps on all vehicles;(3) a gauge for measuring tire tread depth;(4) a measuring device for checking brake pedal reserve clearance;(5) a department approved device for measuring the light transmission of sunscreening. This requirement does not apply to government inspection stations or fleet inspection stations that have provided the department biennial written certification that the station has no vehicles equipped with sunscreening; and(6) a department approved device with required adapters for checking fuel cap pressure. The department requires vehicle inspection stations to obtain updated adapters as they become available from the manufacturer. A vehicle inspection station may not inspect a vehicle for which it does not have an approved adapter for that vehicle. This device is not required of government inspection stations or fleet inspection stations which have provided the department biennial written certification that the station has no vehicles meeting the criteria for checking gas cap pressure or that these vehicles will be inspected by a public inspection station capable of checking gas caps. This device is not required of certain commercial inspection stations that only inspect vehicles powered by a fuel other than gasoline.(d) To be certified as a commercial safety inspection station, the station must have:(1) an approved and operational electronic station interface device;(2) a printer and supplies necessary for printing a vehicle inspection report on 8 1/2 x 11 paper; and(3) an internet connection for the electronic station interface device to be used during vehicle inspections either dedicated solely for use with the electronic device or shared with other devices in a manner approved by the department.(e) For vehicle emissions inspection station requirements, see Subchapter E of this chapter (relating to Vehicle Emissions Inspection and Maintenance Program).</content><note type="source"><p>Source Note: The provisions of this §23.13 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 258; amended to be effective May 14, 2020, 45 TexReg 3139; amended to be effective January 1, 2025, 49 TexReg 10657.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scB/s23.14"><num value="23.14">§23.14</num><heading>Vehicle Inspection Station Signage</heading><content>(a) Every public vehicle inspection station must display the official vehicle inspection station sign and inspection hours in a manner clearly visible to the public.(b) The official vehicle inspection station sign remains the property of the department as a means of identification of the vehicle inspection station. The sign must be surrendered upon demand by the department.(c) The department will issue only one official vehicle inspection station sign per public vehicle inspection station license issued. The sign must not be altered in any manner. Dissimilar signs may also be displayed.</content><note type="source"><p>Source Note: The provisions of this §23.14 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective May 14, 2020, 45 TexReg 3139.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scC"><num value="C">SUBCHAPTER C</num><heading>VEHICLE INSPECTION STATION OPERATION</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scC/s23.21"><num value="23.21">§23.21</num><heading>Electronic Vehicle Inspection Station Interface Device Access</heading><content>(a) All vehicle inspections must be reported using an approved method or device at the time the inspection is conducted. Access to the system at certified vehicle inspection stations must be controlled using procedures, processes, and protocols as established by the department.(b) The records maintained in the database are governmental records. Fraudulent use of the database may subject the person to criminal prosecution, as well as administrative action.(c) Vehicle inspectors and all other authorized users are held accountable for the security and confidentiality of all assigned access processes including, but not limited to, passwords, protocols, or personal identification numbers (PIN).(d) Before each official vehicle inspection begins, the inspector must use a unique identifier protocol as established by the department that links the inspection record with the certified vehicle inspector performing the inspection. The inspector of record entering his unique identifier is responsible for the inspection of all required items of inspection, must enter all information into the electronic station interface device at the time of inspection, and must complete other documents as required.(e) Vehicle inspectors may not give, share, lend, or divulge this unique identifier protocol including, but not limited to, passwords, protocols, or personal identification numbers (PIN) to another person. Failure to comply with this section may result in a fine, suspension, or revocation of the vehicle inspector's certification, as well as any appropriate criminal action or administrative disciplinary action.(f) The department may require certified vehicle inspectors to acknowledge the department's policy for use and protection of access procedures.</content><note type="source"><p>Source Note: The provisions of this §23.21 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 259; amended to be effective January 1, 2025, 49 TexReg 10657.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scC/s23.22"><num value="23.22">§23.22</num><heading>Vehicle Inspection Reports</heading><content>(a) The information required by this subsection must be accurately entered into the electronic station interface device: vehicle identification number, license plate information, vehicle year, vehicle make, vehicle model, and odometer reading.(b) The vehicle inspection report:(1) must indicate whether the vehicle passed or failed the inspection;(2) must be printed and signed by the vehicle inspector who performed the inspection at the time of inspection; and(3) must indicate the month and year of expiration of the inspection.(c) If the electronic station interface device is not operational, the station shall not perform inspections and the station must promptly notify the department.(d) Vehicle inspection stations must use the electronic station interface device and department approved procedures to issue vehicle inspection reports.</content><note type="source"><p>Source Note: The provisions of this §23.22 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 259; amended to be effective January 1, 2025, 49 TexReg 10657.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scC/s23.23"><num value="23.23">§23.23</num><heading>Method of Payment</heading><content>(a) Payment for safety automation fees, original application for or renewal of all certifications, replacement of any department issued property, and/or any other fee required by Texas Transportation Code, Chapter 548 or this chapter are due and payable at the time of order and/or billing.(b) Within 30 days of being notified by the department that a fee for an application has been dishonored or reversed, the applicant must submit a cashier's check, or money order made payable to the "Department of Public Safety" in the amount of the dishonored or reversed fee, plus any applicable insufficient fund fees.(c) If payment is dishonored or reversed prior to issuance of the certification, the application will be abandoned as "incomplete". If the certification has been issued prior to being dishonored or reversed, revocation proceedings will be initiated. The department may dismiss a pending revocation proceeding upon receipt of payment of the full amount due including any additional fees.</content><note type="source"><p>Source Note: The provisions of this §23.23 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 259.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scC/s23.24"><num value="23.24">§23.24</num><heading>Vehicle Inspection Station Issuance of Vehicle Inspection Reports</heading><content>The department requires vehicle inspection stations to use the electronic station interface device and department approved procedures to issue vehicle inspection reports.</content><note type="source"><p>Source Note: The provisions of this §23.24 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 259.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scC/s23.25"><num value="23.25">§23.25</num><heading>Vehicle Inspection Fees</heading><content>(a) The vehicle inspection fee is a charge for performing the vehicle inspection only and may not exceed the amount set by Texas Transportation Code, Chapter 548 or this chapter.(b) The vehicle inspection station may collect the station portion of the inspection fee at the time of the original inspection whether the vehicle is passed or rejected.(c) Charges for additional services related to the repair, replacement, or adjustment of the required items of inspection must be expressly authorized, or approved by the customer, and must be separately listed on the bill from the statutorily mandated inspection fee.(d) A vehicle inspection station or vehicle inspector may not advertise, charge, or attempt to charge a fee in a manner that could reasonably be expected to cause confusion or misunderstanding on the part of an owner or operator presenting a vehicle regarding the relationship between the statutorily mandated inspection fee and a fee for any other service or product offered by the vehicle inspection station.</content><note type="source"><p>Source Note: The provisions of this §23.25 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 259; amended to be effective November 16, 2023, 48 TexReg 6608; amended to be effective January 1, 2026, 50 TexReg 8620.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scC/s23.27"><num value="23.27">§23.27</num><heading>Vehicle Inspection Station Record Audits</heading><content>Vehicle inspection stations must grant access to the department representative, for the purpose of auditing records pertaining to the department's vehicle inspection program. Records must be made available to the department's representative at the station premises.</content><note type="source"><p>Source Note: The provisions of this §23.27 adopted to be effective March 13, 2013, 38 TexReg 1700; amended to be effective March 1, 2015, 40 TexReg 259.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scD"><num value="D">SUBCHAPTER D</num><heading>VEHICLE INSPECTION ITEMS, PROCEDURES, AND REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scD/s23.42"><num value="23.42">§23.42</num><heading>Commercial Vehicle Inspection Items</heading><content>(a) All items of inspection enumerated in this section must be inspected in accordance with the Federal Motor Carrier Safety Regulations, Texas Transportation Code, Chapter 547, and any other applicable state law and department regulation as provided in the DPS Training and Operations Manual prior to the issuance of a passing vehicle inspection report.(b) All items must be inspected in accordance with inspection procedures found in the DPS Training and Operations Manual, Chapter 6 (Revised January 2025), which is adopted by reference and available at the following website: https://www.dps.texas.gov/internetforms/getForm.ashx?id=VI-87.pdf.(c) A vehicle inspection report may not be issued for a vehicle equipped with a compressed natural gas (CNG) fuel system unless the vehicle inspector can confirm in a manner provided by subsection (d) of this section that:(1) the CNG fuel container meets the requirements of Code of Federal Regulations, Title 49, §571.304; and(2) the CNG fuel container has not exceeded the expiration date provided on the container's label.(d) The requirements of subsection (c) of this section may be confirmed by any appropriate combination of the items detailed in paragraphs (1) - (3) of this subsection:(1) Observation of Container Label. The vehicle inspector may confirm the requirement of subsection (c)(2) of this section through direct observation of the expiration date on the container;(2) Observation of Label at Fueling Connection Receptacle. The vehicle inspector may confirm through direct observation of a label affixed to the vehicle by the original equipment manufacturer or by a certified installer or inspector of CNG systems (as defined in subsection (g) of this section) reflecting that the requirements of subsection (c)(1) or (c)(2) of this section are satisfied; or(3) Documentation. The vehicle owner may furnish to the vehicle inspector documentation provided by the original vehicle equipment manufacturer or by a certified installer or inspector of CNG systems (as defined in subsection (g) of this section) reflecting that either requirements of subsection (c)(1) or (c)(2) of this section are satisfied.(e) The owner or operator of a fleet vehicle may, as an alternative to the requirements of subsection (c) of this section, provide proof in the form of a written statement or report issued by the owner or operator that the vehicle is a fleet vehicle for which the fleet operator employs a certified installer or inspector of CNG systems (as defined in subsection (g) of this section).(f) A copy of the written statement or report provided to the vehicle inspector under subsections (d)(3) or (e) of this section must be maintained in the vehicle inspection station's files for a period of one year from the date of the inspection and made available to the department on request.(g) Certified installer or inspector of CNG systems: For purposes of this section, a certified installer or inspector of CNG systems is a person licensed by the Railroad Commission of Texas under 16 TAC §13.61 (relating to License Categories, Container Manufacturer Registration, Fees, and Application for Licenses, Manufacturer Registrations, and Renewals).</content><note type="source"><p>Source Note: The provisions of this §23.42 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 260; amended to be effective November 6, 2016, 41 TexReg 8625; amended to be effective November 2, 2017, 42 TexReg 6031; amended to be effective January 1, 2025, 49 TexReg 10658.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scE"><num value="E">SUBCHAPTER E</num><heading>VEHICLE EMISSIONS INSPECTION AND MAINTENANCE PROGRAM</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scE/s23.51"><num value="23.51">§23.51</num><heading>Vehicle Emissions Inspection Requirements</heading><content>(a) In affected counties, to be certified by the department as a vehicle inspection station, the station must be certified by the department to perform vehicle emissions testing. This provision does not apply to vehicle inspection stations certified by the department to only inspect commercial motor vehicles.(b) A commercial vehicle inspection station in a county not designated as an affected county shall not inspect a designated vehicle unless the motorist represents that the vehicle is exempted from emissions testing. Under the exceptions outlined in paragraphs (1) - (3) of this subsection, a commercial vehicle registered in an affected county may receive a commercial safety inspection at a vehicle inspection station in a non-affected county.(1) The vehicle is not a designated vehicle because it has not and will not be primarily operated in an affected county. This exception includes the subparagraphs (A) and (B) of this paragraph:(A) Company fleet vehicles owned by business entities registered at a central office located in an affected county but operated from branch offices and locations in non-affected counties on a permanent basis.(B) Hunting and recreational vehicles registered to the owner in an affected area but permanently maintained on a hunting property or vacation home site in a non-affected county.(2) The vehicle no longer qualifies as a designated vehicle because it no longer and will be no longer primarily operated in an affected county. For example, the vehicle registration indicates it is registered in an affected county, but the owner has moved, does not currently reside in, nor will primarily operate the vehicle in an affected county.(3) The vehicle is registered in an affected county and is primarily operated in a non-affected county but will not return to an affected county prior to the expiration of the current registration. Under this exception the vehicle will be reinspected at a vehicle inspection station certified to do vehicle emissions testing immediately upon return to an affected county. Examples of this exception include vehicles operated by students enrolled at learning institutions, vehicles operated by persons during extended vacations, or vehicles operated by persons on extended out-of-county business.(c) All designated vehicles must be emissions tested at the time of and, if applicable, as a part of the designated vehicle's annual commercial vehicle safety inspection at a vehicle inspection station certified by the department to perform vehicle emissions testing. The exceptions outlined in paragraphs (1) and (2) of this subsection apply to this provision.(1) Commercial motor vehicles, as defined by Texas Transportation Code, §548.001, meeting the description of "designated vehicle" provided in this section, must be emissions tested at a vehicle inspection station certified by the department to perform vehicle emissions testing and must be issued an emissions test only inspection report, as authorized by Texas Transportation Code, §548.252 prior to receiving a commercial motor vehicle safety inspection report pursuant to Texas Transportation Code, Chapter 548. The emissions test only inspection report must be issued within 15 calendar days prior to the issuance of the commercial motor vehicle safety inspection report and will expire at the same time the newly issued commercial motor vehicle safety inspection report expires.(2) Vehicles presented for inspection by motorists in counties not designated as affected counties meeting other exceptions listed in this section.(d) A commercial motor vehicle with a currently valid safety inspection report presented for an "Emissions Test on Resale" inspection shall receive an emissions test. The owner or selling dealer may choose one of two options:(1) a complete commercial safety and emissions test and receipt of a new inspection report; or(2) an emissions test and receipt of the emissions test only inspection report. The emissions test only inspection report will expire at the same time as the current safety inspection report.(e) Any vehicle not listed as an exempt vehicle that is capable of being powered by gasoline, from two years old up to and including 24 years old, presented for the annual commercial vehicle safety inspection in affected counties will be presumed to be a designated commercial vehicle and will be emissions tested as a part of the annual vehicle safety inspection.(f) The department shall perform challenge tests to provide for the reinspection of a motor vehicle at the option of the owner of the vehicle as a quality control measure of the emissions testing program. A motorist whose vehicle has failed an emissions test may request a free challenge test through the department within 15 calendar days.(g) Federal and state governmental or quasi-governmental agency vehicles that are primarily operated in affected counties that fall outside the normal registration or inspection process shall be required to comply with all vehicle emissions inspection and maintenance (I/M) requirements contained in the Texas I/M State Implementation Plan (SIP), which is available at the following website: https://www.tceq.texas.gov/airquality/sip/.(h) Any motorist in an affected county whose designated vehicle has been issued an emissions related recall notice shall furnish proof of compliance with the recall notice prior to having their vehicle emissions tested at the next testing cycle. As proof of compliance, the motorist may present a written statement from the dealership or leasing agency indicating the emissions repairs have been completed.(i) Inspection reports previously issued in a newly affected county shall be valid and remain in effect until the expiration date thereof.(j) The department may perform quarterly equipment and/or gas audits on all vehicle emissions analyzers used to perform vehicle emissions tests. If a vehicle emissions analyzer fails the calibration process during the gas audit, the department may cause the appropriate vehicle inspection station to cease vehicle emissions testing with the failing emissions analyzer until all necessary corrections are made and the vehicle emissions analyzer passes the calibration process.(k) Pursuant to the Texas I/M SIP, the department may administer and monitor a follow up loaded mode I/M test on at least 0.1% of the vehicles subject to vehicle emissions testing in a given year to evaluate the mass emissions test data as required in Code of Federal Regulations, Title 40, §51.353(c)(3).(l) Vehicle owners receiving a notice from the department requiring an emissions test shall receive an out-of-cycle test if the vehicle already has a valid safety and emissions inspection report. This test will be conducted in accordance with the terms of the department's notice. The results of this verification emissions inspection shall be reported (online) to the Texas Information Management System Vehicle Identification Database. Vehicles identified to be tested by the notice will receive the prescribed test regardless of the county of registration and regardless of whether the vehicle has a valid emissions inspection report.</content><note type="source"><p>Source Note: The provisions of this §23.51 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261; amended to be effective May 14, 2020, 45 TexReg 3141; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scE/s23.52"><num value="23.52">§23.52</num><heading>Emissions Testing Waiver</heading><content>(a) The department may issue an emissions testing waiver to any vehicle that meets the established criteria for a particular waiver. An emissions testing waiver defers the need for full compliance with vehicle emissions standards of the vehicle emissions inspection and maintenance (I/M) program for a specified period of time after a vehicle fails an emissions test. The motorist may apply once each testing cycle for the waiver.(b) Qualified emissions related repairs are those repairs to emissions control components, including diagnosis, parts, and labor, which count toward a low mileage waiver or individual vehicle waiver. To be considered qualified emissions related repairs, the repairs:(1) must be directly applicable to the cause for the emissions test failure;(2) must be performed after the initial emissions test or within 60 days prior to the initial emissions test;(3) must not be tampering related repairs;(4) must not be covered by any available warranty coverage unless the warranty remedy has been denied in writing by the manufacturer or authorized dealer; and(5) must be performed by a recognized emissions repair technician of Texas at a recognized emissions repair facility of Texas to include the labor cost and/or diagnostic costs. If repairs are not performed by a recognized emissions repair technician of Texas at a recognized emissions repair facility of Texas, only the purchase price of parts applicable to the emissions test failure qualify as a repair expenditure for the low mileage waiver or individual vehicle waiver.(c) Low mileage waiver.(1) A vehicle may be eligible for a low mileage waiver provided it:(A) has failed both its initial emissions inspection and retest;(B) has incurred qualified emissions-related repairs, as defined in paragraph (2) of this subsection, costing $100 or more;(C) has been driven less than 5,000 miles in the previous inspection cycle; and(D) is reasonably expected to be driven fewer than 5,000 miles before the next inspection is required.(2) The requirements listed in subparagraphs (A) - (C) of this paragraph must be met to receive a low mileage waiver:(A) The vehicle must pass a visual inspection performed by a department representative to ensure the emissions repairs claimed have actually been performed.(B) The diagnosis, parts, and labor receipts for the qualified emissions related repairs must be presented to the department and support that the claimed emissions repairs have been performed.(C) The valid retest vehicle inspection report and valid vehicle repair form for the applicant vehicle must be presented to the department. If labor and/or diagnostic charges are being claimed towards the low mileage waiver amount, the vehicle repair form shall be completed by a recognized emissions repair technician of Texas.(d) Individual vehicle waiver.(1) If a vehicle has failed an emissions test required by the vehicle emissions I/M program, an applicant may petition the designated representative of the department for an individual vehicle waiver in order for the vehicle to receive a state vehicle inspection report. The applicant must demonstrate that all reasonable measures, such as diagnostics, repairs, or installation of replacement parts, have been implemented, but have failed to bring the vehicle into compliance with the program. The department will review the measures taken by the applicant to ensure they have been performed, further measures would be economically unfeasible during this inspection cycle, and a waiver will result in a minimal impact on air quality. A vehicle may be eligible for an individual vehicle waiver provided:(A) it failed both the initial emissions inspection and retest; and(B) the motorist has incurred qualified emissions related repairs equal to or in excess of the maximum reasonable repair expenditure amounts, as defined in this section, for the county in which the vehicle is registered.(2) The applicable maximum reasonable repair expenditure amounts are:(A) in affected counties, except El Paso county--$600; and(B) in El Paso county--$450.(3) The individual vehicle waiver shall be valid through the end of the twelfth month from the date of issuance. Motorists must apply for the individual vehicle waiver each testing cycle.(4) The conditions listed in subparagraphs (A) - (C) of this paragraph must be met to receive an individual vehicle waiver:(A) The vehicle must pass a visual inspection performed by a department representative to ensure the emissions repairs being claimed have actually been performed.(B) The diagnosis, parts, and labor receipts for the qualified emissions related repairs must be presented to the department and support that the emissions repairs being claimed have been performed.(C) The valid retest vehicle inspection report and valid vehicle repair form for the applicant vehicle must be presented to the department. If labor and/or diagnostic charges are being claimed towards the individual vehicle waiver, the vehicle repair form shall be completed by a recognized emissions repair technician of Texas.</content><note type="source"><p>Source Note: The provisions of this §23.52 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scE/s23.53"><num value="23.53">§23.53</num><heading>Time Extensions</heading><content>(a) The department may issue a time extension. A time extension defers the need for full compliance with vehicle emissions standards of the vehicle emissions inspection and maintenance (I/M) program for a specified period of time after a vehicle fails an emissions test. The motorist may apply once each testing cycle for the parts availability time extension. The motorist may apply every other testing cycle for the low income time extension.(b) Low income time extension.(1) The applicant must provide proof in writing, in a form approved by the department, that:(A) The vehicle failed the initial emissions inspection test; proof shall be in the form of the original failed vehicle inspection report.(B) The vehicle has not been granted a low income time extension in the previous testing cycle.(C) The applicant is the owner of the vehicle that is the subject of the low income time extension.(D) The applicant receives financial assistance from the Texas Health and Human Services Commission or the Texas Department of Aging and Disability Services due to indigence or the applicant's adjusted gross income (if the applicant is married, the applicant's adjusted gross income is equal to the applicant's adjusted gross income plus the applicant's spouse's adjusted gross income) is at or below the current federal poverty level as published by the United States Department of Health and Human Services, Office of the Secretary, in the Federal Register; proof shall be in the form of a federal income tax return or other documentation approved by the department that the applicant certifies as true and correct.(2) After a vehicle receives an initial low income time extension, the vehicle must pass an emissions test prior to receiving another low income time extension.(c) Parts availability time extension.(1) The applicant must demonstrate to the department that:(A) Reasonable attempts were made to locate necessary emissions control parts by retail or wholesale parts suppliers.(B) Emissions related repairs cannot be completed before the expiration of the registration or before the 30 day period following an out of cycle inspection because the repairs require an uncommon part.(2) The applicant shall provide to the department:(A) an original vehicle inspection report indicating the vehicle failed the emissions test; and(B) an invoice, receipt, or original itemized document indicating the uncommon part(s) ordered by: name; description; catalog number; order number; source of part(s), including name, address, and phone number of parts distributor; and expected delivery and installation date(s). The original itemized document must be prepared by a recognized emissions repair technician of Texas before a parts availability time extension can be issued.(3) A parts availability time extension is not allowed for tampering related repairs.(4) If the vehicle does not pass an emissions retest prior to the expiration of the parts availability time extension, the applicant must provide to the department adequate documentation that one of the conditions listed in subparagraph (A) or (B) of this paragraph exists:(A) the motorist qualifies for a low mileage waiver, low income time extension, or individual vehicle waiver; or(B) the motor vehicle will no longer be operated in the affected county.(5) A vehicle that receives a parts availability time extension in one testing cycle must have the vehicle repaired and retested prior to the expiration of such extension or must qualify for another type of waiver or time extension to be eligible for a parts availability time extension in the subsequent testing cycle.(6) The length of a parts availability time extension shall depend upon expected delivery and installation date(s) of the uncommon part(s) as determined by the department representative on a case by case basis. Parts availability time extensions will be issued for either 30, 60, or 90 days.</content><note type="source"><p>Source Note: The provisions of this §23.53 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scE/s23.54"><num value="23.54">§23.54</num><heading>Recognized Emissions Repair Technicians and Facilities</heading><content>(a) The department may recognize automotive repair technicians who meet the qualifications detailed in this subsection:(1) have a minimum of three years full time automotive repair service experience;(2) possess current certification in the areas listed in subparagraphs (A) - (D) of this paragraph based on the tests offered by the National Institute of Automotive Service Excellence (ASE):(A) Engine Repair (ASE Test A1);(B) Electrical/Electronic Systems (ASE Test A6);(C) Engine Performance (ASE Test A8); and(D) Advanced Engine Performance Specialist (ASE Test L1); and(3) must be employed by a recognized emissions repair facility of Texas.(b) A recognized emissions repair technician of Texas must perform the duties detailed in this subsection:(1) complete and certify the vehicle repair form(s) (VRF); and(2) notify the department in writing within 14 days of changes in the technician's ASE testing status.(c) Failure to comply with this chapter or failure to meet the qualifications set out in this section may result in the withdrawal of the department's recognition of the technician.(d) To be recognized by the department as a recognized emissions repair facility of Texas, the facility must:(1) employ at least one full-time recognized emissions repair technician of Texas; and(2) possess the following operational testing equipment, whether single or multi-functional:(A) ammeter;(B) compression tester;(C) cooling system tester;(D) dwell meter;(E) engine analyzer;(F) five gas exhaust analyzer (which can perform diagnostic repair) for at least hydrocarbon (HC), carbon monoxide (CO), carbon dioxide (CO2), and oxides of nitrogen (NOX), except for those in Travis, Williamson, and El Paso counties which require a four gas exhaust analyzer (which can perform diagnostic repair for at least hydrocarbon (HC), carbon monoxide (CO), and carbon dioxide (CO2));(G) fuel pressure/pressure drop tester;(H) ohmmeter;(I) repair reference information;(J) scan tool or onboard diagnostic (OBDII) capable testing equipment;(K) tachometer;(L) timing light;(M) vacuum/pressure gauge;(N) vacuum pump; and(O) volt meter.(e) A recognized emissions repair facility of Texas shall:(1) notify the department in writing within 14 days of changes in the Automotive Service Excellence (ASE) testing status, employment status of a technician at a facility, or the facility's equipment functionality status; and(2) upon application for recognition by the department, agree in writing to maintain compliance with the qualifications enumerated in subsection (a) of this section, to maintain recognition by the department.(f) Failure to comply with this chapter or to meet the qualifications set in this section may result in the withdrawal of the department's recognition of the facility.</content><note type="source"><p>Source Note: The provisions of this §23.54 adopted to be effective March 13, 2013, 38 TexReg 1701.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scE/s23.55"><num value="23.55">§23.55</num><heading>Certified Emissions Inspection Station and Inspector Requirements</heading><content>(a) To be certified by the department as an emissions inspection station for purposes of the emissions inspection and maintenance (I/M) program, the station must:(1) be certified by the department as an official vehicle inspection station;(2) comply with this chapter, the DPS Training and Operations Manual for Vehicle Inspection Stations and Certified Inspectors, Texas Transportation Code, Chapter 547 and Chapter 548, and regulations of the department;(3) complete all applicable forms and reports as required by the department;(4) purchase or lease emissions testing equipment currently certified by the Texas Commission on Environmental Quality (TCEQ) to emissions test vehicles and maintain existing emissions testing equipment to meet the certification requirements of the TCEQ at the department-approved location unless otherwise authorized by the department;(5) obtain and maintain in working order a secure internet connection with a single static Internet Protocol (IP) address to be used by all vehicle emissions analyzers at each department-approved location, connected to the Texas Information Management System (TIMS) vehicle identification database at all times for the purposes of performing vehicle emissions tests; and(6) enter into and maintain a business arrangement with the TIMS contractor to obtain a telecommunications link to the TIMS vehicle identification database for each vehicle emissions analyzer to be used to inspect vehicles as described in the Texas I/M State Implementation Plan (SIP).(b) All public certified emissions inspection stations in affected counties shall offer the onboard diagnostic (OBD) test.(c) The fee for an emissions test must provide for one free retest for each failed initial emissions inspection, provided that the motorist has the retest performed at the same vehicle inspection station where the vehicle originally failed and the retest is conducted within 15 calendar days of the initial emissions test, not including the date of the initial emissions test.(d) To qualify as a certified emissions inspector, an applicant must:(1) be certified by the department as an official vehicle inspector;(2) complete the training required for the vehicle emissions inspection program and receive the department's certification for such training;(3) comply with the DPS Training and Operations Manual for Official Vehicle Inspection Stations and Certified Inspectors, this chapter, and other applicable rules, regulations and notices of the department; and(4) complete all applicable forms and reports as required by the department.</content><note type="source"><p>Source Note: The provisions of this §23.55 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 261; amended to be effective May 14, 2020, 45 TexReg 3141; amended to be effective July 3, 2024, 49 TexReg 4809.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scE/s23.57"><num value="23.57">§23.57</num><heading>Prohibitions</heading><content>(a) No person may issue or allow the issuance of a vehicle inspection report, as authorized by the department, unless all applicable air pollution emissions control related requirements of the annual vehicle safety inspection and the vehicle emissions inspection and maintenance requirements and procedures contained in the Texas inspection and maintenance (I/M) State Implementation Plan (SIP) are completely and properly performed in accordance with the rules and regulations adopted by the department and the Texas Commission on Environmental Quality (TCEQ).(b) No person may allow or participate in the preparation, duplication, sale, distribution, or use of false, counterfeit, or stolen inspection vehicle inspection report(s), vehicle repair form(s), vehicle emissions repair documentation, or other documents which may be used to circumvent the vehicle emissions inspection and maintenance requirements and procedures contained in Texas Transportation Code, Chapter 548, and the Texas I/M SIP.(c) No organization, business, person, or other entity may represent itself as an inspector certified by the department, unless such certification has been issued pursuant to the certification requirements and procedures contained in the Texas I/M SIP, this chapter, and the regulations of the department.(d) No person may act as or offer to perform services as a recognized emissions repair technician of Texas or a recognized emissions repair facility of Texas without first obtaining and maintaining recognition by the department.</content><note type="source"><p>Source Note: The provisions of this §23.57 adopted to be effective March 1, 2015, 40 TexReg 261.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scF"><num value="F">SUBCHAPTER F</num><heading>VIOLATIONS AND ADMINISTRATIVE PENALTIES</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scF/s23.61"><num value="23.61">§23.61</num><heading>Definitions</heading><content>Unless specifically defined in the Texas Clean Air Act (TCAA), or in the rules of the Texas Department of Public Safety, the terms used in this chapter have the meanings commonly ascribed to them in the fields of air pollution control and vehicle inspection. In addition to the terms defined by the TCAA, the words and terms detailed in this section, when used in this chapter, shall have the following meanings:(1) Lifetime revocation--The withdrawal of the authority granted by the department to inspect vehicles under the certificate of a vehicle inspection station or inspector for the lifetime of the applicant.(2) Re-education--To provide mandatory additional or remedial training to a vehicle inspector to correct errors observed, or discovered by department personnel. The department representative provides this training on-site, or later, as scheduling permits.(3) Revocation--The withdrawal of the authority granted by the department to inspect vehicles under the certificate of a vehicle inspection station or inspector for a period of at least three years.(4) Suspension--A temporary abatement of the authority associated with the certification of a vehicle inspection station, or inspector.(5) Warning--A written reprimand based on a category A violation, which if repeated will result in a more severe administrative sanction.</content><note type="source"><p>Source Note: The provisions of this §23.61 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 265.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scF/s23.62"><num value="23.62">§23.62</num><heading>Violations and Penalty Schedule</heading><content>(a) In accordance with this section, the department may deny an application for a certificate, revoke or suspend the certificate of a person, vehicle inspection station, or inspector, place on probation, or reprimand a person who holds a certificate.(b) The department will administer penalties by the category of the violation. The violations listed in this section are not an exclusive list of violations. The department may assess penalties for any violations of Texas Transportation Code, Chapter 548, or rules adopted by the department. The attached graphic summarizes the violation categories and illustrates the method by which penalties are enhanced for multiple violations.Attached Graphic(c) Violation categories are as follows:(1) Category A.(A) Issuing a vehicle inspection report without inspecting an item of inspection.(B) Issuing a vehicle inspection report without requiring the owner or operator to furnish proof of financial responsibility for the vehicle at the time of inspection.(C) Issuing the wrong series or type of inspection report for the vehicle presented for inspection.(D) Refusing to inspect a vehicle without an objective justifiable cause related to safety.(E) Failure to properly safeguard inspection reports, department issued forms, the electronic station interface device, or any assigned access processes including, but not limited to, passwords, protocols, or personal identification numbers (PINs).(F) Failure to maintain required records.(G) Failure to have at least one certified inspector on duty during the hours posted for inspections.(H) Failure to display the official department issued vehicle inspection station sign, certificate of appointment, procedure chart, and other notices in a manner prescribed by the department.(I) Failure to post hours for inspections.(J) Failure to maintain the required facility standards.(K) Issuing a passing vehicle inspection report to a vehicle with one failing item of inspection.(L) Failing to enter information or entering incorrect vehicle information into the electronic station interface device or emissions analyzer resulting in the reporting of erroneous information concerning the vehicle.(M) Failure to conduct an inspection within the inspection area approved by the department for each vehicle type.(N) Failure of inspector of record to ensure complete and proper inspection.(O) Failure to enter an inspection into the approved interface device at the time of the inspection.(P) Conducting an inspection without the appropriate and operational testing equipment.(Q) Failure to perform a complete inspection or issue a vehicle inspection report.(R) Requiring repair or adjustment not required by Texas Transportation Code, Chapter 548, this chapter, or department regulation.(S) Driving an inspection customer's vehicle outside of the inspection bay without a valid driver license to operate the vehicle in Texas.(2) Category B.(A) Issuing a passing vehicle inspection report without inspecting the vehicle.(B) Issuing a vehicle inspection report to a vehicle with multiple failing items of inspection.(C) Refusing to allow owner to have repairs or adjustments made at location of owner's choice.(D) Allowing an uncertified person to perform, in whole or in part, the inspection or rejection of a required item during the inspection of a vehicle.(E) Charging more than the statutory fee.(F) Acting in a manner that could reasonably be expected to cause confusion or misunderstanding on the part of an owner or operator presenting a vehicle regarding the relationship between the statutorily mandated inspection fee and a fee for any other service or product offered by the vehicle inspection station.(G) Failing to list and charge for any additional services separately from the statutorily mandated inspection fee.(H) Charging a fee, convenience fee, or service charge in affiliation or connection with the inspection in a manner that is false, misleading, deceptive, or unauthorized.(I) Inspector performing inspection while under the influence of alcohol or drugs.(J) Inspecting a vehicle at a location other than the department approved inspection area.(K) Altering a previously issued inspection report.(L) Issuing a vehicle inspection report while employed as a fleet or government inspection station inspector to an unauthorized vehicle. Unauthorized vehicles include those not owned, leased, or under service contract to that entity, personal vehicles of officers and employees of the fleet or government inspection station, or personal vehicles of the general public.(M) Preparing or submitting to the department a false, incorrect, incomplete, or misleading form or report, or failing to enter required data into the emissions testing analyzer or electronic station interface device and transmitting that data as required by the department.(N) Issuing a vehicle inspection report without inspecting multiple inspection items on the vehicle.(O) Issuing a passing vehicle inspection report by using the emissions analyzer access/identification card, the electronic station interface device unique identifier, or the associated PIN of another.(P) Giving, sharing, lending, or displaying to another any assigned access process including, but not limited to, passwords, protocols, electronic station interface device unique identifiers, or PINs.(Q) Failure of inspector to enter all required data pertaining to the inspection including, but not limited, to data entry into the emissions testing analyzer, electronic station interface device, vehicle inspection report, or any other department required form.(R) Conducting multiple inspections outside the inspection area approved by the department for each vehicle type.(S) Issuing a passing vehicle inspection report in violation of Texas Transportation Code, Chapter 548.(T) Vehicle inspection station owner, operator, or manager directing a state certified inspector under his employ or supervision to issue a vehicle inspection report when in violation of this chapter, department regulations, or Texas Transportation Code, Chapter 548.(U) Vehicle inspection station owner, operator, or manager having knowledge of a state certified inspector under the owner's employ or supervision issuing a passing vehicle inspection report in violation of this chapter, department regulations, or Texas Transportation Code, Chapter 548.(V) Issuing a commercial safety inspection report to a vehicle required to undergo an emissions inspection without requiring a representation under §23.51(b) of this title (relating to Vehicle Emissions Inspection Requirements) from the owner or operator of the vehicle in a non-emissions county.(W) Disclosing or selling information collected in relation to a vehicle inspection about a unique customer or a unique vehicle owner or about the person who is the subject of the information, including a customer or vehicle owner's name, address, or phone number, to a person other than the department.(3) Category C.(A) Issuing more than one vehicle inspection report without inspecting the vehicles.(B) Issuing a passing vehicle inspection report to multiple vehicles with multiple failing items of inspection.(C) Multiple instances of issuing a passing vehicle inspection report to vehicles with multiple defects.(D) Emissions testing the exhaust or electronic connector of one vehicle, or using an electronic device to simulate or emulate a vehicle, for the purpose of enabling another vehicle to pass the emissions test (clean piping or clean scanning), or allowing a certified inspector or other individual under the person's employment or supervision to emissions test the exhaust or electronic connector of one vehicle, or use an electronic device that simulates or emulates a vehicle, for the purpose of enabling another vehicle to pass the emissions test (clean piping or clean scanning).(E) Issuing a passing vehicle inspection report to a vehicle with multiple emissions related violations or violations on more than one vehicle.(F) Allowing a person whose certificate has been suspended or revoked to participate in a vehicle inspection, issue a vehicle inspection report, or participate in the regulated operations of the vehicle inspection station.(G) Charging more than the statutory fee in addition to not inspecting the vehicle.(H) Misrepresenting a material fact in any application to the department or any other information filed pursuant to Texas Transportation Code, Chapter 548 or this chapter.(I) Conducting or participating in the inspection of a vehicle during a period of suspension, revocation, denial, after expiration of suspension but before reinstatement, or after expiration of inspector certification.(J) Altering or damaging an item of inspection with the intent that the item fail the inspection.(K) Multiple instances of preparing or submitting to the department false, incorrect, incomplete, or misleading forms or reports.(L) Multiple instances of failing to enter complete and accurate data into the emissions testing analyzer or electronic station interface device or failing to transmit complete and accurate data in the manner required by the department.(M) Violating a prohibition described in §23.57 of this title (relating to Prohibitions) not otherwise provided in this section.(N) Failing to maintain compliance with the requirements of §23.55 of this title (relating to Certified Emissions Inspection Station and Inspector Requirements) at all times.(4) Category D. These violations are grounds for indefinite suspension based on the temporary failure to possess or maintain an item or condition necessary for certification. The suspension of inspection activities is lifted upon receipt by the department of proof the obstacle has been removed or remedied.(A) Failing to pay an administrative penalty that has become final.(B) Failing to possess a required item of inspection equipment.(5) Category E. These violations apply to inspectors and vehicle inspection stations in which emissions testing is required.(A) Failing to perform applicable emissions test as required.(B) Issuing a passing emissions inspection report without performing the emissions test on the vehicle as required.(C) Failing to perform the gas cap test or the use of unauthorized bypass for gas cap test.(D) Issuing a passing emissions inspection report when the required emissions adjustments, corrections, or repairs have not been made after an inspection disclosed the necessity for such adjustments, corrections, or repairs.(E) Falsely representing to an owner or operator of a vehicle that an emissions related component must be repaired, adjusted, or replaced in order to pass emissions inspection.(F) Requiring an emissions repair or adjustment not required by this chapter, department regulation, or Texas Transportation Code, Chapter 548.(G) Tampering with the emissions system or an emissions related component in order to cause a vehicle to fail an emissions test.(H) Refusing to allow the owner to have emissions repairs or adjustments made at a location of the owner's choice.(I) Allowing an uncertified person to conduct an emissions inspection.(J) Charging more than the authorized emissions inspection fee.(K) Entering false information into an emission analyzer in order to issue an inspection report.(d) When assessing administrative penalties, the procedures detailed in this subsection will be observed:(1) Multiple vehicle inspection station violations may result in action being taken against all station licenses held by the owner.(2) The department may require multiple suspension periods be served consecutively.(3) Enhanced penalties assessed will be based on previously adjudicated violations in the same category. Any violation of the same category committed after final adjudication of the prior violation will be treated as a subsequent violation for purposes of penalty enhancement.(A) Category A violations are subject to a two year period of limitations preceding the date of the current violation.(B) Under Category B, C, and E, subsequent violations are based on the number of previously adjudicated or otherwise finalized violations in the same category within the five year period preceding the date of the current violation.(4) The penalty schedule is a guide only and does not limit the department's authority to impose additional penalties, sanctions, or both, should the department determine the scheduled penalty insufficient under the specific circumstances presented. Such circumstances may include a significant number of similar violations in a brief period, a pattern of conduct established by repeated as yet unadjudicated violations, or a violation determined to constitute a threat to public health, safety, or welfare under Texas Transportation Code, §548.407. (e) Certification for a vehicle inspection station may not be issued if the person's immediate family member's certification as a vehicle inspection station owner at that same location is currently suspended or revoked or is subject to a pending administrative adverse action, unless the person submits an affidavit stating the certificate holder who is the subject of the suspension, revocation, or pending action has no further involvement in the business of state inspections. The application will be rejected as incomplete if the applicant fails to submit the required affidavit.(f) A new certification for a vehicle inspection station may be issued at the same location where the previous certificate holder as an owner or operator is pending or currently serving a suspension or revocation, if the person submits an affidavit stating the certificate holder who is the subject of the suspension or revocation has no further involvement in the business of state inspections. The affidavit must contain the statement that the affiant understands and agrees that in the event the department discovers the previous certificate holder is involved in the inspection business at that location, the certificate will be revoked under Texas Transportation Code, §548.405. In addition to the affidavit, when the change of ownership of the vehicle inspection station is by lease of the building or the inspection area, the person seeking certification must provide a copy of the lease agreement included with the application for certification as an official vehicle inspection station. The application will be rejected as incomplete if the applicant fails to submit the required affidavit.(g) Reinstatement. Expiration of the suspension period does not result in automatic reinstatement of the certificate. Reinstatement must be requested by contacting the department, and this may be initiated prior to expiration of the suspension. In addition, to meet all qualifications for the certificate, the certificate holder must:(1) attend and complete the vehicle inspection training program and pass the complete written and demonstration test;(2) submit the certification fee if certification has expired during suspension; and(3) pay all charges assessed related to the administrative hearing process, if applicable.(h) The failure to pay an administrative penalty that has become final, whether by the passage of the deadline to appeal or by final court disposition, whichever is later, will result in suspension of the license with no further notice or right to appeal. The suspension will take effect upon the passage of the deadline to appeal and will remain in effect until the penalty is paid in full.(i) The director or the director's designee may immediately suspend or revoke a certificate as an inspector or inspection station if the director or the director's designee finds that the action is necessary to prevent or remedy a threat to public health, safety, or welfare as described in Texas Transportation Code, §548.407(d)(1-10). Specifically, this section's emissions-related inspection violations are adopted pursuant to Texas Transportation Code, §548.302, and therefore constitute a threat to public health, safety, or welfare under §548.407(d)(8).(j) For purposes of establishing a violation relating to the entry of false information or the failure to enter accurate information into the electronic database, the entry of an inspector's identifying PIN creates a rebuttable presumption that the inspector whose PIN was used committed the violation. The allegation may be rebutted by the submission of credible evidence establishing by a preponderance of evidence that another person used the inspector's PIN to commit the violation. The submission of such evidence will constitute an admission of having failed to secure the PIN and, if applicable, allowing an uncertified individual to conduct an inspection.</content><note type="source"><p>Source Note: The provisions of this §23.62 adopted to be effective March 13, 2013, 38 TexReg 1701; amended to be effective March 1, 2015, 40 TexReg 265; amended to be effective September 15, 2016, 41 TexReg 7119; amended to be effective May 14, 2020, 45 TexReg 3142; amended to be effective January 10, 2022, 47 TexReg 30; amended to be effective September 14, 2023, 48 TexReg 5071; amended to be effective July 3, 2024, 49 TexReg 4809; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scF/s23.63"><num value="23.63">§23.63</num><heading>Informal Hearings; Settlement Conference</heading><content>(a) A person who receives notice of the department's intention to deny an application for an inspector certificate, to suspend or revoke an inspector certificate, or to impose an administrative penalty under §23.62 of this title (relating to Violations and Penalty Schedule), may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail to the department in the manner provided on the department's Vehicle Inspection Program website within thirty (30) calendar days after receipt of notice of the department's proposed action. If a written request to appeal is not submitted within thirty (30) calendar days of the date notice was received, the right to an informal hearing or settlement conference, as applicable, or a hearing before the State Office of Administrative Hearings, is waived, and the action becomes final.(b) If the action is based on the person's criminal history, a preliminary, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.(c) If the proposed action is based on an administrative violation, the failure to satisfy a requirement under §23.1(i) of this title (relating to New or Renewal Vehicle Inspection Station Applications), or a non-criminal history disqualifier, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone by agreement of the parties. Following the settlement conference, the parties will execute an agreed order or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.(d) The department's findings following a preliminary hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail to the department in the manner provided on the department's Vehicle Inspection Program website within thirty (30) calendar days after receipt of the findings or determination. If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.</content><note type="source"><p>Source Note: The provisions of this §23.63 adopted to be effective March 15, 2018, 43 TexReg 1444; amended to be effective May 14, 2020, 45 TexReg 3142; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scG"><num value="G">SUBCHAPTER G</num><heading>VEHICLE INSPECTION ADVISORY COMMITTEE</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scG/s23.71"><num value="23.71">§23.71</num><heading>Purpose and Duties of Vehicle Inspection Advisory Committee</heading><content>The purpose of the advisory committee shall be to give the department's employees the benefit of the members' collective business, environmental, and technical expertise and experience with respect to the department's rules relating to the operation of the vehicle inspection program and make recommendations relating to the content of rules involving the operation of the vehicle inspection program. Recommendations and advice of the committee are not binding on the department. The committee will have no supervision or control over public business or policy. The advisory committee's sole duty is to advise the department on the state's vehicle inspection program. This advice shall consist of review and comment on rules considered for adoption under Texas Transportation Code, Chapter 548 and Texas Health and Safety Code, Chapter 382. The Vehicle Inspection Advisory Committee has no executive or administrative powers or duties with respect to the operation of the department, and all such powers and duties rest solely with the department. Any other specific purposes and tasks of the advisory committee shall be identified by the director.</content><note type="source"><p>Source Note: The provisions of this §23.71 adopted to be effective March 1, 2015, 40 TexReg 268; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scG/s23.72"><num value="23.72">§23.72</num><heading>Attendance</heading><content>A record of attendance at each meeting of the advisory committee shall be made by department staff. Except as otherwise provided by law, if a member of the advisory committee misses three consecutive regularly scheduled meetings or more than half of all the regularly scheduled meetings in a one-year period, that member automatically vacates his or her position on the advisory committee.</content><note type="source"><p>Source Note: The provisions of this §23.72 adopted to be effective March 1, 2015, 40 TexReg 268; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scG/s23.73"><num value="23.73">§23.73</num><heading>Presiding Officer</heading><content>The members appointed by the presiding officers of the Public Safety Commission and the Conservation Commission shall alternately serve as the presiding officer of the committee, alternating between each meeting or as the members decide. The acting presiding officer will prepare a meeting agenda for the meeting of the advisory committee over which the officer will be presiding. A copy of the agenda shall be provided to the department fifteen (15) working days before any scheduled meeting so that the department can arrange for the necessary staff to be in attendance and provide notification to the committee members and the public. The presiding officer shall report the committee's advice and attendance to the director. The committee may elect an assistant presiding officer and a secretary from among its members and may adopt rules for the conduct of its own activities.</content><note type="source"><p>Source Note: The provisions of this §23.73 adopted to be effective March 1, 2015, 40 TexReg 268; amended to be effective January 1, 2025, 49 TexReg 10659.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scG/s23.75"><num value="23.75">§23.75</num><heading>Subcommittees</heading><content>The presiding officer of the advisory committee may appoint subcommittees. One member of each subcommittee shall serve as the chairperson of that subcommittee. Subcommittee chairs shall make written reports regarding their subcommittee's work to the presiding officer of the advisory committee.</content><note type="source"><p>Source Note: The provisions of this §23.75 adopted to be effective March 1, 2015, 40 TexReg 268.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scG/s23.76"><num value="23.76">§23.76</num><heading>Meetings</heading><content>The advisory committee shall meet at least once each quarter or at the request of the presiding officer. All advisory committee meetings shall be open to the public.</content><note type="source"><p>Source Note: The provisions of this §23.76 adopted to be effective March 1, 2015, 40 TexReg 268.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scG/s23.77"><num value="23.77">§23.77</num><heading>Records</heading><content>Department staff shall record and maintain the minutes of each advisory committee and subcommittee meeting. The staff shall maintain a record of actions taken and shall distribute copies of approved minutes and other committee documents to the department, respective commissions, and to the advisory committee members.</content><note type="source"><p>Source Note: The provisions of this §23.77 adopted to be effective March 1, 2015, 40 TexReg 268.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c23/scI"><num value="I">SUBCHAPTER I</num><heading>MILITARY SERVICE MEMBERS, VETERANS, AND SPOUSES--SPECIAL CONDITIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c23/scI/s23.91"><num value="23.91">§23.91</num><heading>Exemption from Penalty for Failure to Renew in Timely Manner</heading><content>An individual who holds a certificate issued under the Act is exempt from any increased fee or other penalty for failing to renew the certificate in a timely manner if the individual establishes to the satisfaction of the department the individual failed to renew the certificate in a timely manner because the individual was serving as a military service member.</content><note type="source"><p>Source Note: The provisions of this §23.91 adopted to be effective September 15, 2016, 41 TexReg 7120.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scI/s23.92"><num value="23.92">§23.92</num><heading>Extension of Certificate Renewal Deadlines for Military Members</heading><content>A military service member who holds a certificate issued under the Act, is entitled to two (2) additional years to complete:(1) Any continuing education requirements; and(2) Any other requirement related to the renewal of the person's certificate.</content><note type="source"><p>Source Note: The provisions of this §23.92 adopted to be effective September 15, 2016, 41 TexReg 7120.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scI/s23.93"><num value="23.93">§23.93</num><heading>Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses</heading><content>(a) An individual who is a military service member, military veteran, or military spouse may apply for a certificate under this section if the individual:(1) Holds a current certificate issued by another state that is similar in scope of practice to the certificate in this state and is in good standing with that state's licensing authority; or(2) Within the five (5) years preceding the application date held a certificate in this state.(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.</content><note type="source"><p>Source Note: The provisions of this §23.93 adopted to be effective September 15, 2016, 41 TexReg 7120; amended to be effective January 1, 2026, 50 TexReg 8620.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scI/s23.94"><num value="23.94">§23.94</num><heading>Definitions</heading><content>For purposes of this subchapter, the terms 'military service member', 'military veteran', and 'military spouse' have the meanings provided in Texas Occupations Code, §55.001.</content><note type="source"><p>Source Note: The provisions of this §23.94 adopted to be effective September 15, 2016, 41 TexReg 7120.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c23/scI/s23.95"><num value="23.95">§23.95</num><heading>Recognition of Out-of-State License for Military Service Members and Military Spouses</heading><content>Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas certificate will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.</content><note type="source"><p>Source Note: The provisions of this §23.95 adopted to be effective January 1, 2026, 50 TexReg 8620.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c25"><num value="25">CHAPTER 25</num><heading>SAFETY RESPONSIBILITY REGULATIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c25/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.1"><num value="25.1">§25.1</num><heading>Criteria for Establishing Crash Cases for Enforcement</heading><content>(a) No action will be taken on any crash case except where:(1) an officer's report resulting from an investigation of the crash clearly indicates one driver at fault; or(2) a driver's crash report (ST-2) containing 2 sworn statements from uninvolved witnesses indicates one driver at fault, and(3) the party at fault is not covered by liability insurance.(b) Itemized estimates of repair or total loss valuation report for any vehicle or property damaged in the crash may be requested from all parties involved.(c) Doctor's reports and itemized medical bills reflecting the nature and extent of personal injuries sustained during the crash may be requested from the parties involved.(d) Action will not be initiated if no documentation from either subsection (b) or (c) of this section is received.(e) No case will be established unless suspension action can be completed within 20 months of the crash date.(f) All documents received for review are subject to release under the Texas Public Information Act.</content><note type="source"><p>Source Note: The provisions of this §25.1 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.2"><num value="25.2">§25.2</num><heading>Crash Suspension Provisions</heading><content>(a) A Notice of Suspension will be issued to the driver and/or owner in a crash that meets the criteria in §25.1 of this title (relating to Criteria for Establishing Crash Cases for Enforcement). The suspension will be effective 21 days from the date of the notice unless a timely administrative hearing is requested or the Department receives complete compliance as indicated in subsection (c) of this section.(b) If a hearing is requested timely (within 20 days from the date on the Notice), it will be granted pursuant to Texas Transportation Code (TRC), §601.156. The administrative hearing will be conducted pursuant to TRC 521 Subchapter N and 37 TAC §§15.81 - 15.85 of this title (relating to Driver Improvement).(c) Compliance acceptable to prevent a suspension if filed prior to the effective date of the suspension, or to lift the suspension after the effective date in any of the following ways:(1) information indicating liability insurance coverage at the time of the crash in the form of a letter on insurance company letterhead.(2) evidence of settlement indicating no probability of a judgment, such as:(A) a copy of the front and back of a canceled check/checks totaling the amount of security required in the crash, or(B) evidence that the uninsured party had been paid by another party/parties involved or their insurance company, or(C) proof that the damaged vehicle was illegally parked at the time of the crash.(3) form SR-11 (Release) or a properly executed document releasing the at-fault individual from all liability.(A) The release must be signed by all owners of the damaged property and /or by all parties who sustained personal injury.(B) The document must be notarized or signed before two uninvolved witnesses.(C) If both the owner of the vehicle and the driver are suspended under one crash case, a release of either individual is deemed a release for both unless the release expressly states otherwise.(D) If evidence is received that the owners of the damaged property and/or individuals who have sustained personal injury have been paid by their insurance company, the release may be signed by an authorized representative of the insurance company.(4) form SR-19 (Installment Agreement) or other similarly styled document between the parties which must be:(A) executed by the uninsured party,(B) accepted by all parties who sustained damage in the crash,(C) signed before a notary or two witnesses, and(D) if evidence is received that the owners of the damaged property and/or individuals who have sustained personal injury have been paid by their insurance company, the acceptance portion of the installment agreement may be signed by an authorized representative of the insurance company.(5) security deposited in accordance with the original Notice of Suspension which must be:(A) in cash, or(B) by cashier's check or money order payable to the Texas Department of Public Safety, or(C) by a surety bond written by an insurance company authorized to execute surety bonds in this state, or(D) a bankruptcy petition indicating "filed" by the court, a final order of bankruptcy or discharge. A reinstatement fee is required prior to the renewal or issuance of a license if acceptable compliance is not received prior to the effective date of the suspension, unless the suspension was cleared due to bankruptcy proceedings.(E) If a person satisfies a security deposit by the methods described in (c)(5)(A) through (c)(5)(C) of this section, the security deposit must also be accompanied by a form SR-22 (insurance certificate) and form SR-22A (certificate of a 6 month prepaid liability insurance policy).(d) When the owner and operator are separate persons and each one is required to deposit security, a joint deposit may be made with a stipulation in writing that such deposit is on behalf of both persons required to deposit the security and will be acceptable compliance for both the owner and operator. If no stipulation of joint deposit is received, the deposit will be filed on behalf of the depositor only.(e) Each person depositing security that must file proof of insurance in the form of an SR-22 in his/her name, must also file form SR-22A as stated in (c)(5)(E) of this section.(f) Disbursement of security.(1) security will be released to the injured or damaged party upon receipt of a certified copy of a judgment, form SR-42 (Transcript of Civil Proceedings) and form SR-61 (Application for Payment of Judgments Out of Security Deposited).(A) security released will be in the amount of the judgment.(B) if the amount of security on file does not satisfy the judgment, the driving privileges of the negligent party will be suspended under the judgment provisions for the balance of the judgment.(C) if the amount of security on file exceeds the amount of the judgment, the depositor will be sent form SR-14 or SR-14A (Application for Return of Security), to have the balance disbursed.(2) security deposit will be released to the damaged or injured party upon receipt of form SR-11 (Release), signed by the damaged party and form SR-45 (Release of Deposit), signed by the depositor.(3) security deposit will be released to the depositor or person for whom security is deposited by showing eligibility and filing a completed form SR-14 or SR-14A (Application for Return of Security Deposit). Eligibility may be shown by evidence of a release from liability, two year anniversary of crash date for initial suspensions, or two year anniversary date from the date of deposit for suspensions based on an installment agreement in default.(4) if the depositor is deceased, the deposit may be released to the person named as executor of his estate. The appropriate form/forms as indicated in paragraphs (2) or (3) of this subsection, along with a copy of the will, or a Letter of Testamentary must be filed to have the monies disbursed.(g) If an installment agreement is filed as compliance in a crash case, upon receipt of form SR-73 (Notice of Default), the license of the person who defaulted on the agreement will be suspended. Compliance may be in the form of:(1) a release as stated in subsection (c)(3) of this section, or(2) a security deposit as stated in subsection (c)(5) of this section, or(3) an installment agreement granted by order of a court where an agreed judgment has been rendered, or(4) bankruptcy as stated in subsection (c)(5)(D) of this section.(5) a reinstatement fee is required prior to the renewal or issuance of a license if acceptable compliance is not received prior to the effective date of the suspension, unless the suspension was cleared due to bankruptcy proceedings.(h) If, after two years from the crash date for initial suspensions or two years from the date on the Notice of Default for suspensions based on an installment agreement in default, no judgment has been filed against the party at fault, the suspension may be withdrawn by filing form SR-60 (Application to Waive Requirement to Deposit Security). A reinstatement fee is required prior to the renewal or issuance of a license.</content><note type="source"><p>Source Note: The provisions of this §25.2 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.3"><num value="25.3">§25.3</num><heading>Judgments</heading><content>(a) A judgment resulting from a crash must arise out of ownership, maintenance, or use of a motor vehicle by the judgment debtor upon a public highway, or be a suit on a settlement agreement resulting from a motor vehicle crash.(b) Action against a judgment debtor may not be taken if the judgment is filed by the owner of a vehicle against the driver of that vehicle.(c) Action against a judgment debtor will not be taken unless the department receives a certified copy of the judgment, form SR-42 (Transcript of Civil Proceedings), and form SR-62 (Notice of Unsatisfied Judgment), from the person requesting such action.(d) An Order of Suspension will be mailed to the judgment debtor. The suspension is effective on the date of the Order.(e) To lift the suspension, the judgment debtor must submit one of the following compliance items:(1) a release as stated in §25.2(c)(3) of this title (relating to Crash Suspension Provisions),(2) an installment agreement between the judgment debtor and the judgment creditor approved and signed by the judge in the court where the judgment was rendered,(3) a form SR-84 (Judgment Creditor's Consent to Allow Licensing), or(4) a bankruptcy petition indicating "filed" by the court, a final order of bankruptcy or discharge.(f) If a judgment was rendered within the past two years, the debtor must also file proof of insurance in the form of an SR-22 (insurance certificate).(g) A reinstatement fee is required prior to the renewal or issuance of a license in a judgment case unless the suspension was lifted due to bankruptcy proceedings.(h) If a suspension is withdrawn by the filing of form SR-84 (Judgment Creditor's Consent to Allow Licensing), the driving privileges can be suspended again after 6 months by filing form SR-85 (Revocation of Judgment Creditor's Consent).(i) If a person defaults on an agreed judgment or court approved installment agreement, the license can be suspended by filing form SR-46 (Notice of Default on Court Approved Installment Agreement) along with a certified copy of the agreed judgment or court approved installment agreement.(j) If a judgment debtor was covered by liability insurance at the time of the crash out of which the judgment arose and the insurance company denies responsibility for payment of the judgment, the debtor is not excused from complying with the judgment provisions of the Act unless the judgment debtor;(1) files suit against the insurer to place responsibility for payment of the judgment upon the insurer, and(2) furnishes to the department a certified copy of the petition, proper insurance coverage is presumed pending the final disposition of the suit.</content><note type="source"><p>Source Note: The provisions of this §25.3 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.4"><num value="25.4">§25.4</num><heading>Suspension Resulting from an Out-of-State Crash or Judgment</heading><content>(a) The department will initiate suspension action under the reciprocity provision in the Texas Transportation Code, §601.009, upon request by the licensing authorities from another state that a driver licensed in Texas be suspended as a result of a crash suspension in their state.(1) a Notice of Suspension will be mailed to the negligent party with an effective date 21 days from the date on the Notice.(2) compliance acceptable to prevent suspension prior to the effective date of the suspension, or to lift the suspension after the effective date is as follows:(A) evidence of liability insurance at the time of the crash in the form of a letter on insurance company letterhead, or(B) a clearance letter with regard to the crash from the licensing authorities in the state where the crash occurred, and(C) a reinstatement fee is required prior to the renewal or issuance of a license, if the compliance is received after the effective date of the suspension.(b) The department will send an Order of Suspension to the negligent party/parties effective on the date of the Order, upon request by the authorities from another state that a driver or owner licensed in Texas be suspended as the result of a judgment rendered in their state.(1) compliance acceptable to lift the suspension is a clearance letter with regard to the judgment from the licensing authorities in the state where the judgment was rendered.(2) a reinstatement fee is required prior to the renewal or issuance of a license.</content><note type="source"><p>Source Note: The provisions of this §25.4 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.5"><num value="25.5">§25.5</num><heading>Enforcement of Failure to Maintain Financial Responsibility</heading><content>(a) Upon receipt of a second or subsequent conviction for no liability insurance, an Order of Suspension will be mailed to the licensee. The suspension will be effective 21 days from the date on the Order and will continue for two years from the date of the second or subsequent conviction for no liability insurance unless the department receives:(1) evidence of financial responsibility on the date of the citation, or(2) an SR-22 (insurance certificate).(b) Evidence of financial responsibility for the citation date may be shown by:(1) a letter on the insurance company's letterhead indicating coverage for the date of the offense, or(2) a copy of a certificate issued by the department indicating the vehicle driven or the person is self insured.(c) If the individual being suspended is not named on the insurance policy used as evidence of liability coverage, a copy of the citation must be submitted listing the vehicle covered on the policy.(d) If compliance in the form of an SR-22 (insurance certificate) is filed and not received by 21st day from the date on the Order of Suspension, a reinstatement fee will be required prior to the renewal of issuance of a license.(e) If an SR-22 (insurance certificate) is filed as compliance, it must be maintained with the department for two years from the most recent conviction date for which evidence of financial responsibility was required.(1) if the department receives notification of cancellation of the SR-22 (form SR-26) from that insurance company, the individual's driving privileges will be suspended until a new SR-22 (insurance certificate) is filed or until the second anniversary date of the conviction for which proof of financial responsibility was required.(2) a reinstatement fee is required prior to the renewal or issuance of a license for the suspension resulting from the cancelled SR-22.</content><note type="source"><p>Source Note: The provisions of this §25.5 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.6"><num value="25.6">§25.6</num><heading>Financial Responsibility Certificate (Form SR-22)</heading><content>(a) The SR-22 (insurance certificate) is a form prescribed by the department and issued by insurance companies when evidence of financial responsibility must be certified. Requirements for acceptance of the filing are:(1) issued by an insurance company authorized to write liability insurance coverage for the State of Texas;(2) issued in the name of the person required to file to include their driver license/identification number, date of birth, and list all owned vehicles or indicate non-owner policy;(3) issued for the State of Texas;(4) original document signed by an authorized representative of the insurance company; and(5) include the complete name of the insurance company as licensed by the State Board of Insurance.(b) The SR-26 (cancellation of SR-22 insurance certificate) is a form submitted by an insurance company to notify the department that the SR-22 (insurance certificate) issued by that company has been canceled. The filing of form SR-26 may initiate suspension action by the department if the individual's driver record indicates that the SR-22 (insurance certificate) is still required at the time the SR-26 is received.(c) A second filing of form SR-22 (insurance certificate) by the same insurance carrier cancels any SR-22 (insurance certificate) previously issued by that company and filed with the department.(d) To maintain compliance with statutory suspension action, the SR-22 must remain on file for;(1) 2 years from the date of the crash, when depositing security as compliance for a crash case,(2) 2 years from the date of the most recent conviction, for conviction based suspensions, or(3) 2 years from the date a judgment was rendered in court for judgment cases.(e) If the SR-22 (insurance certificate) is required as the result of a security deposit in a crash or default case, it must be accompanied by form SR-22A (certification of a 6 month prepaid liability policy).(f) An SR-22 (insurance certificate) on file more than 2 years will not be valid for any new conviction that requires the filing of an SR-22 (insurance certificate). To comply with the new action, the licensee will be required to file a subsequent SR-22 (insurance certificate) or provide documentation from the insurance company that the previous filing is still valid.(g) An SR-22 on file will not be considered valid if the driver receives a conviction for "No Motor Vehicle Liability Insurance" with an offense date after the date the SR-22 was filed with the department.(h) An SR-22 on file may no longer be considered valid if the department receives information through the Financial Responsibility Verification Program indicating that the insurance coverage is unconfirmed or the record is not on file.</content><note type="source"><p>Source Note: The provisions of this §25.6 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.7"><num value="25.7">§25.7</num><heading>Self-Insurance</heading><content>(a) Companies with 26 or more vehicles owned and registered in their name, and who meet the minimum financial qualifications may apply for a self-insurance certificate by submitting a completed application for self-insurance.(b) The application for self-insurance includes:(1) a department application form which:(A) must be fully completed,(B) provide past claim history,(C) contact information, and(D) information concerning claim procedures.(2) the applicant company's financial statement which must be in the form of an audit by an independent Certified Public Accountant completed within 1 year from the date the application is filed with the department, and(3) any other documentation required by the department to make a determination as to the company's ability to satisfy claims.(c) The department will base its determination of the applicant's ability to pay claims on the following:(1) a review of the financial statements submitted to determine if cash, marketable securities, and accounts receivable equal the normal monthly operating expenses plus a sum of $255,000. The $255,000 represents that amount needed to satisfy three $85,000 claims arising from traffic crashes,(2) information supplied on the application regarding past claim history, and(3) other information provided by the applicant demonstrating the ability to satisfy claims.(d) The certificate issued by the department:(1) will be issued to the individual entity named on the vehicle registration only.(A) if two entities are named, both entities can be named on the certificate.(B) all named parties must have submitted the required financial statements.(2) will contain information regarding the claim process, and(3) will be an agreement, signed by an authorized agent of the entity seeking self insurance, stating the self-insurer will pay the same judgments in the same amount as an insurer would be obligated to pay under an owner's motor vehicle liability insurance policy up to $85,000 per crash.(e) Self-insurance certificates are issued for 36 months. To maintain continuous certification, applications for renewal of a self-insurance certificate must be submitted within 90 days of the expiration date of the current certificate.</content><note type="source"><p>Source Note: The provisions of this §25.7 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545; amended to be effective July 18, 2012, 37 TexReg 5320.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.8"><num value="25.8">§25.8</num><heading>Reinstatement</heading><content>When a party's license is suspended, and proof of financial responsibility is a prerequisite for withdrawal of such suspension, a statutory reinstatement fee will be required prior to renewal or issuance of a license. When a party's license is suspended in several cases and proof of financial responsibility is required in each case, only one statutory reinstatement fee will be required prior to renewal or issuance of a license.</content><note type="source"><p>Source Note: The provisions of this §25.8 adopted to be effective June 22, 2004, 29 TexReg 5946; amended to be effective October 15, 2008, 33 TexReg 8545; amended to be effective March 7, 2024, 49 TexReg 1283.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.19"><num value="25.19">§25.19</num><heading>Compulsory Insurance</heading><content>A conviction for no liability insurance under Texas Transportation Code, §601.051, and §601.0152, will be enforced on Form SR-115.(1) Evidence of insurance can be a policy showing coverage in effect, a certificate of liability insurance (Form SR-22), or other information which substantiates such policy and which gives the name of the insurance company, policy period, policy number, name of insured, and statement that policy meets minimum insurance prescribed by the Act.(2) Self-insurance motorists must have information from this department showing self-insurance number and expiration date.(3) The department will take no action upon an SR-115 for 21 days from the date of the order. The department will take no action on a suspension under this section, except upon receipt of notice of final conviction.(4) If acceptable proof of financial responsibility (Form SR-22) is offered within the 21-day grace period referred to in paragraph (3) of this section, then the department will not proceed with the suspension under this section.</content><note type="source"><p>Source Note: The provisions of this §25.19 adopted to be effective January 12, 1982, 7 TexReg 21; amended to be effective August 23, 2000, 25 TexReg 8050.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.20"><num value="25.20">§25.20</num><heading>Compulsory Insurance--Driver's License Road Test</heading><content>(a) Evidence of financial responsibility. Owners and/or operators of motor vehicles are required to furnish information concerning evidence of financial responsibility upon request to a driver license employee. This department's policy will be to accept the following as evidence of financial responsibility:(1) liability insurance policy in at least the minimum amounts required by the Safety Responsibility Act that covers the vehicle;(2) standard proof of liability insurance form promulgated by the Texas Department of Insurance and issued by a liability insurer that includes:(A) name of insurer;(B) insurance policy number;(C) policy period;(D) name and address of each insured;(E) policy limits or a statement that the coverage complies with at least the minimum amounts required by the Safety Responsibility Act; and(F) make and model of each covered vehicle;(3) certificate issued by the Department of Public Safety that shows the vehicle is covered by self-insurance;(4) certificate issued by the state comptroller that shows that the owner of the vehicle has on deposit with the comptroller money or securities in at least the amount required by the Safety Responsibility Act;(5) Texas Department of Transportation carrier registration certificates (cab cards), including:(A) commercial motor vehicle registration certificates;(B) commercial motor vehicles registered under the Single State Registration System;(C) temporary registration of international motor carriers (insurance stamp);(D) household goods carrier registration certificates; or(E) tow truck registration certificates;(6) certificate issued by the Department of Public Safety that shows that the vehicle is a vehicle for which a bond is on file with the Department of Public Safety as provided by the Safety Responsibility Act;(7) copy of a certificate issued by the county judge of a county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier's check in at least the amount required by the Safety Responsibility Act;(8) copies of the aforementioned documents; and(9) other evidence such as an insurance binder which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.(b) Road test. Applicants for the driver license road test shall be required to complete the automobile liability insurance coverage or exemption certification on the appropriate application. If the response is "yes," the applicant will be scheduled for a road test. If the response is "no," the applicant will be required to furnish documented evidence of financial responsibility prior to being scheduled for the road test. Driver license employees will examine evidence of financial responsibility in every case prior to giving the road test. This examination will be performed in conjunction with the vehicle inspection. Applicants will be rejected if they fail to provide acceptable evidence.</content><note type="source"><p>Source Note: The provisions of this §25.20 adopted to be effective January 28, 1982, 7 TexReg 205; amended to be effective December 1, 1982, 7 TexReg 4037; amended to be effective July 5, 1984, 9 TexReg 3542; amended to be effective November 8, 1993, 18 TexReg 7475; amended to be effective August 23, 2000, 25 TexReg 8050; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c25/sc/s25.21"><num value="25.21">§25.21</num><heading>Compulsory Insurance--Compliance and Enforcement</heading><content>(a) Evidence of financial responsibility. Owners and/or operators of motor vehicles are required to furnish information concerning evidence of financial responsibility upon request to a law enforcement officer. This department's policy will be to accept the following as evidence of financial responsibility:(1) liability insurance policy in at least the minimum amounts required by the Safety Responsibility Act that covers the vehicle;(2) standard proof of liability insurance form promulgated by the Texas Department of Insurance and issued by a liability insurer that includes:(A) name of insurer;(B) insurance policy number;(C) policy period;(D) name and address of each insured;(E) policy limits or a statement that the coverage complies with at least the minimum amounts required by the Safety Responsibility Act; and(F) make and model of each covered vehicle;(3) certificate issued by the Department of Public Safety that shows the vehicle is covered by self-insurance;(4) certificate issued by the state comptroller that shows that the owner of the vehicle has on deposit with the comptroller money or securities in at least the amount required by the Safety Responsibility Act;(5) Texas Department of Transportation carrier registration certificates (cab cards), including:(A) commercial motor vehicle registration certificates;(B) motor vehicles registered under the Single State Registration System;(C) temporary registration of international motor carriers (insurance stamp);(D) household goods carrier registration certificates; or(E) tow truck registration certificates;(6) certificate issued by the Department of Public Safety that shows that the vehicle is a vehicle for which a bond is on file with the Department of Public Safety as provided by the Safety Responsibility Act;(7) copy of a certificate issued by the county judge of a county in which the vehicle is registered that shows that the owner of the vehicle has on deposit with the county judge cash or a cashier's check in at least the amount required by the Safety Responsibility Act;(8) copies of the aforementioned documents; and(9) other evidence such as an insurance binder which confirms to the satisfaction of the officer that the owner and/or driver is in compliance with the Safety Responsibility Act.(b) Enforcement policy. Commissioned members of this department shall request an owner and/or operator of a motor vehicle upon a public highway to furnish information concerning evidence of financial responsibility when practical in all traffic stops or investigations of motor vehicle traffic crashes. Enforcement action will be initiated in accordance with established guidelines.</content><note type="source"><p>Source Note: The provisions of this §25.21 adopted to be effective January 29, 1982, 7 TexReg 206; amended to be effective July 5, 1984, 9 TexReg 3542; amended to be effective November 8, 1993, 18 TexReg 7475; amended to be effective August 23, 2000, 25 TexReg 8050; amended to be effective October 15, 2008, 33 TexReg 8545.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c27"><num value="27">CHAPTER 27</num><heading>CRIME RECORDS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scA"><num value="A">SUBCHAPTER A</num><heading>REVIEW OF PERSONAL CRIMINAL HISTORY RECORD</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scA/s27.1"><num value="27.1">§27.1</num><heading>Right of Review</heading><content>(a) An individual may access and receive a copy of their Texas criminal history record information maintained by the Texas Department of Public Safety (the department) that relates to the individual upon payment of a fee as authorized by Texas Government Code, §411.088. In this section, "criminal history record information" means information collected about an individual by a criminal justice agency using biometric submissions to identify the individual. The collected information includes identifiable descriptions and notations of arrests, detentions, indictments, and other formal criminal charges and their dispositions. This term does not include identification information, including fingerprint records, to the extent that the identification information does not indicate involvement of the individual in the criminal justice system or driving record information maintained by the department under Texas Transportation Code, Chapter 521, Subchapter C. An individual with criminal history record information on file with the Federal Bureau of Investigation (FBI) must contact the FBI's Special Correspondence Bureau to request a copy of their national criminal history record information to review. Information related to national criminal history record information can be found on the department's website in the Texas personal review instructions.(b) An individual can schedule a fingerprinting appointment by visiting https://www.dps.texas.gov/section/crime-records/fingerprinting-services or by submitting approved fingerprint cards to the department's vendor. Out-of-state applicants may choose to schedule an appointment at the nearest location if available. Information related to submissions can be found on the department's website.(1) Biographical data to further help in the positive identification of the subject being fingerprinted must be provided at the time of the appointment. This data is confidential and may not be released by the department unless authorized.(2) An individual must pay the $15 Texas criminal history record information fee, and the $10 fingerprinting fee. The total $25 fee must be paid via credit card, debit card, business check or money order at the time services are rendered. Personal checks and cash are not accepted. There may be an additional fingerprinting fee if processed at an out-of-state location.(3) An individual must present an approved government issued photo identification document and be fingerprinted by the department's designee. For a list of approved identification documents please visit https://www.dps.texas.gov/section/crime-records/fingerprinting-services.(4) An individual may elect to receive personal criminal history record information via e-mail or mail. Results delivered via e-mail will be sent within three business days of successful fingerprinting. Results delivered via mail will be sent to the address on file within ten business days.(c) An individual unable to schedule an appointment at a fingerprinting location or residing out-of-state can submit their fingerprints by completing the forms and following the instructions for "Fingerprints Submitted By Mail" at www.dps.texas.gov/internetforms/Forms/CR-63.pdf.(1) Biographical data to further help in the positive identification of the subject being fingerprinted must be provided at the time of fingerprinting. This data is confidential and may not be released by the department unless authorized.(2) The individual must pay the $15 Texas criminal history record information fee and the $10 fingerprinting fee. The total $25 fee must be paid via credit card or debit card at the time of enrolling the hard cards to be submitted by mail. Personal checks and cash are not accepted. There may be additional fingerprinting fees if hard cards are completed by a law enforcement agency and/or an agency that is trained and certified to roll fingerprints.(3) An individual must present an approved government issued photo identification document and be fingerprinted by the department's designee. For a list of approved identification documents please visit https://www.dps.texas.gov/section/crime-records/fingerprinting-services.(4) An individual may elect to receive personal criminal history record information via e-mail or mail. Results delivered via e-mail will be sent within three business days of successful fingerprinting. Results delivered via mail will be sent to the address on file within ten business days. Multiple duplicate copies of personal criminal history record information may not be able to be sent by the department.(e) A request for review of personal Texas criminal history record information expires 30 calendar days after the date submitted. After 30 calendar days, a new request must be initiated.(f) If an individual believes criminal history record information maintained by the department is incorrect or incomplete, the individual may visit: https://www.dps.texas.gov/section/crime-records-service/criminal-history-error-resolution and complete the required forms.</content><note type="source"><p>Source Note: The provisions of this §27.1 adopted to be effective December 23, 2004, 29 TexReg 11746; amended to be effective June 13, 2005, 30 TexReg 3432; amended to be effective March 16, 2010, 35 TexReg 2205; amended to be effective May 6, 2014, 39 TexReg 3598; amended to be effective September 15, 2016, 41 TexReg 7120; amended to be effective May 11, 2023, 48 TexReg 2379.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scB"><num value="B">SUBCHAPTER B</num><heading>MISSING PERSON AUTOMATED FILE</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scB/s27.21"><num value="27.21">§27.21</num><heading>Criteria for Entry</heading><content>(a) General. An agency entering missing person information in the National Crime Information Center (NCIC) and Texas Crime Information Center (TCIC) automated file must have in its possession documentation from a source other than the investigating police agency at the time of entry supporting the stated conditions under which the person is declared missing for NCIC and TCIC purposes. This documentation in the record will be reassurance that the rights to privacy of the individual will not be violated.(b) Criteria for entry in NCIC and TCIC missing person automated file.(1) Acceptable documentation for a person of any age who is missing and who is under proven physical or mental disability or is senile, thereby subjecting himself or others to personal and immediate danger, is a written statement from a physician or other authoritative source corroborating the missing person's physical or mental disability.(2) Acceptable documentation for a person of any age who is missing under circumstances indicating that the disappearance was not voluntary is a written statement from parent, legal guardian, family member, or other authoritative source advising that the missing person's disappearance was not voluntary.(3) Acceptable documentation for a person of any age who is in the company of another person under circumstances indicating that his physical safety is in danger is a written statement from parent, legal guardian, family member, or other authoritative source advising that the missing person is in the company of another person under circumstances indicating that his physical safety is in danger.(4) Acceptable documentation for a person who is declared unemancipated as defined by the laws of his state of residence and does not meet any of the entry criteria set forth above is a written statement from parent or legal guardian confirming that the person is missing and verifying the date of birth.(c) Criteria for entry of information relating to an endangered child in the TCIC missing person automated file.(1) Acceptable documentation for an endangered child who has been reported missing on four or more occasions in the 24-month period preceding the date of the current entry consists of copies of prior missing person reports from law enforcement and/or a written statement from parent, legal guardian, family member, or other authoritative source confirming prior incidents.(2) Acceptable documentation for an endangered child who is in foster care or in the conservatorship of the Department of Family and Protective Services and has been reported missing on two or more occasions in the 24-month period preceding the date of the current entry consists of copies of prior missing person reports from law enforcement and/or a written statement from parent, legal guardian, family member, or other authoritative source confirming prior incidents and a written statement from parent, legal guardian, family member, the Department of Family and Protective Services or other authoritative source confirming the missing individual is in foster care or in conservatorship.</content><note type="source"><p>Source Note: The provisions of this §27.21 adopted to be effective January 1, 1976; amended to be effective December 24, 2013, 38 TexReg 9376.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scD"><num value="D">SUBCHAPTER D</num><heading>MISSING PERSONS CLEARINGHOUSE</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scD/s27.41"><num value="27.41">§27.41</num><heading>Publication of Missing Persons Clearinghouse Photographs</heading><content>Any individual or group (television stations, newspapers, magazines, etc.) wishing to publicize photographs of missing persons supplied by the Missing Persons Clearinghouse shall submit a request in writing specifying how they wish to use them. If the publication is in written form, a sample must be forwarded to the clearinghouse along with the request. If the publication is in another form, a detailed format must be submitted to the clearinghouse. The clearinghouse's toll free number and the direct line number must be included in the publication. Upon publication, all photographs must be returned to the clearinghouse along with a finished copy of all written publications.</content><note type="source"><p>Source Note: The provisions of this §27.41 adopted to be effective March 27, 1987, 12 TexReg 829.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scD/s27.42"><num value="27.42">§27.42</num><heading>Criteria for Entry into the Missing Persons Online Bulletin</heading><content>The guidelines in this section must be met before information on a missing or unidentified deceased/living person can be entered into the Texas Department of Public Safety Missing Persons Online Bulletin.(1) Missing person (information on a Texas missing person or a person missing from another state but believed to be in Texas).(A) The parent, spouse, or guardian must contact a law enforcement agency and file a missing person report. The missing person must be entered into the National Crime Information Center (NCIC) files by the law enforcement agency.(B) The prescribed form must be signed, completed, and returned to the Missing Persons Clearinghouse (MPCH). (Forms can be obtained from MPCH.)(C) A current, original photograph must be received by MPCH. (Note: do not write on back of photo.)(D) In cases of parental abductions, a copy of the court-certified custody order stating that the reporting parent has custody must be received by MPCH. (Note: if it is requested that the noncustodial parent's photograph be included in the bulletin, a copy of a court-certified active felony warrant, which is presently in Texas Crime Information Center (TCIC)/National Crime Information Center (NCIC), must be made available to MPCH prior to publication of the photograph.)(E) The parent, spouse, guardian, or investigating officer must notify MPCH immediately of the location or return of the missing person.(2) Unidentified deceased/living person.(A) The unidentified deceased/living person must be entered into the NCIC files by the law enforcement agency.(B) Submit as much pertinent information on the unidentified person as possible to include photographs, dental records, fingerprints, etc.(C) The law enforcement agency must notify MPCH immediately upon identification.</content><note type="source"><p>Source Note: The provisions of this §27.42 adopted to be effective March 27, 1987, 12 TexReg 829; amended to be effective March 16, 2014, 39 TexReg 1726.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scD/s27.43"><num value="27.43">§27.43</num><heading>Compliance</heading><content>Any individual, group, agency, etc., that fails to comply with the provisions of §27.41 and/or §27.42 of this title (relating to Publication of Missing Persons Clearinghouse Photographs; Criteria for Entry into the Missing Persons Bulletin) may be denied any further participation in the Missing Persons Clearinghouse programs. Such denial shall continue until such time as the failure to comply with the previously-stated provisions has been, in the opinion of the Missing Persons Clearinghouse, satisfactorily corrected.</content><note type="source"><p>Source Note: The provisions of this §27.43 adopted to be effective March 27, 1987, 12 TexReg 829.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scE"><num value="E">SUBCHAPTER E</num><heading>JUVENILE JUSTICE INFORMATION SYSTEM</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.51"><num value="27.51">§27.51</num><heading>Juvenile Justice Information System</heading><content>(a) The Department of Public Safety is responsible for recording data and maintaining a database for a computerized juvenile justice information system that serves:(1) as the record creation point for the juvenile justice information system maintained by the state; and(2) as the control terminal for entry of records, in accordance with federal law, rule and policy into the federal records systems maintained by the Federal Bureau of Investigation.(b) The Department of Public Safety will not collect or retain information relating to a juvenile if Texas Family Code, Chapter 58 prohibits or restricts the collection or retention of the information.(c) Local law enforcement and juvenile justice agencies must report, and the Department of Public Safety must retain the information required by Texas Family Code, Chapter 58, Subchapter B, §§58.101-58.113.</content><note type="source"><p>Source Note: The provisions of this §27.51 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.52"><num value="27.52">§27.52</num><heading>Purpose of the Juvenile Justice Information System</heading><content>The purpose of the Juvenile Justice Information System is to:(1) provide agencies and personnel within the juvenile justice system accurate information relating to children who come into contact with the juvenile justice system of Texas;(2) provide, where allowed by law, adult criminal justice agencies accurate and easily accessible information relating to children who come into contact with the juvenile justice system;(3) provide an efficient conversion, where appropriate, of juvenile records to adult criminal records;(4) improve the quality of data used to conduct impact analyses of proposed legislative changes in the juvenile justice system; and(5) improve the ability of interested parties to analyze the functioning of the juvenile justice system.</content><note type="source"><p>Source Note: The provisions of this §27.52 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.53"><num value="27.53">§27.53</num><heading>Definitions</heading><content>The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Criminal Justice Agency--Has the meaning assigned by Texas Government Code, §411.082.(2) Department--Refers to the Department of Public Safety of the State of Texas.(3) Disposition--Refers to an action that results in the termination, transfer of jurisdiction, or indeterminate suspension of the prosecution of a juvenile offender.(4) Incident Number--Refers to a unique number assigned to a child during a specific custodial or detention period or for a specific referral to the office or official designated by the juvenile court, if the juvenile offender was not taken into custody before the referral.(5) Juvenile Justice Agency--Refers to an agency that has custody or control over juvenile offenders.(6) Juvenile Justice Information System--Is the information related to a child forwarded by a law enforcement agency, including photographs and fingerprints, to the department for inclusion in the database created in Texas Family Code, Title 3, Subchapter B, §§58.101-58.113.(7) Juvenile Offender--Refers to a child who has been assigned an incident number.(8) Referral To Juvenile Court--Refers to the referral of a child or a child's case to the office or official, including an intake officer or probation officer, designated by the juvenile court to process children within the juvenile justice system.(9) State Identification Number--Refers to a unique number assigned by the department to a child in the juvenile justice information system, or the adult criminal history system.(10) Uniform Incident Fingerprint Card--Refers to a multiple-part form containing a unique incident number with space for information relating to the conduct for which a child has been taken into custody, detained or referred, the child's fingerprints, and other relevant information.</content><note type="source"><p>Source Note: The provisions of this §27.53 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.54"><num value="27.54">§27.54</num><heading>Types of Information Collected in the Juvenile Justice Information System</heading><content>(a) Subject to the records sealing provisions of Texas Family Code, §58.003, the juvenile justice information system shall consist of information relating to delinquent conduct committed by a juvenile offender that, if the conduct had been committed by an adult, would constitute a criminal offense other than an offense punishable by a fine only.(b) Information in the system shall include information relating to:(1) the juvenile offender;(2) the intake or referral of the juvenile offender into the juvenile justice system;(3) the detention of the juvenile offender;(4) the prosecution of the juvenile offender;(5) the disposition of the juvenile offender's case, including the name and description of any program to which the juvenile offender is referred; and(6) the probation or commitment of the juvenile offender.</content><note type="source"><p>Source Note: The provisions of this §27.54 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.55"><num value="27.55">§27.55</num><heading>Specific Information Collected in the Juvenile Justice Information System</heading><content>(a) The department shall assign codes for the reporting of data to the juvenile justice information system. The department shall designate and distribute a list of uniform offense codes to be used in reporting data to the juvenile justice information system. The department has the sole responsibility for designating the state identification number for each juvenile whose name appears in the juvenile justice information system. The department will, upon receipt of fingerprint submissions of juvenile offender data, assign unique state identification numbers to each juvenile offender reported to the juvenile justice information system.(b) To the extent possible, and subject to the list of types of information collected in subsection (a) of this section, local law enforcement and juvenile justice agencies shall report, and the department shall include in the juvenile justice information system the following information for each juvenile offender referred under the Texas Family Code, Title 3, Chapter 58, §§58.101 - 58.113 for delinquent conduct:(1) the juvenile offender's name, including other names by which the juvenile offender is known or has used;(2) the juvenile offender's date and place of birth, including alias dates of birth used by the offender;(3) the juvenile offender's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;(4) the juvenile offender's state identification number, and other numbers as identified on the uniform incident fingerprint card as designed by the department for reporting to the juvenile justice information system, including alias identifying numbers;(5) the juvenile offender's fingerprints, which shall be stored in the statewide automated fingerprint identification system;(6) the juvenile offender's last known residential address, from which the department shall determine the census tract number designation, if possible;(7) the name and identifying number as assigned by the Federal Bureau of Investigation of the agency that took into custody or detained the juvenile offender;(8) the date of detention or custody;(9) the conduct for which the juvenile offender was taken into custody, detained, or referred, including level and degree of the alleged offense;(10) the name and identifying number as assigned by the Federal Bureau of Investigation of the juvenile intake agency or juvenile probation office;(11) each disposition by the juvenile intake agency or juvenile probation office, as identified by codes assigned by the department;(12) the date of disposition by the juvenile intake agency or juvenile probation office;(13) the name and identifying number as assigned by the Federal Bureau of Investigation of the prosecutor's office;(14) each disposition by the prosecutor;(15) the date of disposition by the prosecutor;(16) the name and identifying number as assigned by the Federal Bureau of Investigation of the court;(17) each disposition by the court, as identified by codes assigned by the department, including information concerning custody of a juvenile offender by a juvenile justice agency or probation;(18) the date of disposition by the court;(19) any commitment or release under supervision by the Texas Juvenile Justice Department;(20) the date of any commitment or release under supervision by the Texas Juvenile Justice Department; and(21) a description of each appellate proceeding, as identified by codes assigned by the department.(c) Local agencies are not required to report, nor is the department required to maintain dispositions that represent administrative status notices of a juvenile justice agency.</content><note type="source"><p>Source Note: The provisions of this §27.55 adopted to be effective March 7, 1996, 21 TexReg 1588; amended to be effective May 6, 2014, 39 TexReg 3599.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.56"><num value="27.56">§27.56</num><heading>Duties of Reporting Agencies and Courts</heading><content>A juvenile justice agency and a clerk of the court shall:(1) compile and maintain records needed for reporting data required by the department;(2) transmit to the department in the manner provided by the department, whether on uniform incident fingerprint cards provided by the department or in electronic formats designated by the department, data required by the department;(3) give the department or its accredited agents access to the agency or court for the purpose of inspection to determine the completeness and accuracy of data reported; and(4) cooperate with the department to enable the department to perform its duties under the law.</content><note type="source"><p>Source Note: The provisions of this §27.56 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.57"><num value="27.57">§27.57</num><heading>Collection of Records of Children To Be Forwarded to the Juvenile Justice Information System</heading><content>(a) Law enforcement officers and other juvenile justice personnel shall collect information described by these sections and Texas Family Code §58.104, as part of the juvenile justice information system.(b) A law enforcement agency may forward information, which includes fingerprints, relating to a child who has been detained or taken into custody by the agency to the department for inclusion in the juvenile justice information system, only if the child or the child's case is referred to juvenile court, including referral to a juvenile probation office or prosecutor, only if the child or the case is referred on or before the 10th day after the date the child is detained or taken into custody.(c) If the child or case is not referred to juvenile court within that time, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child unless the child is placed in a first offender program under Texas Family Code §52.031 or on informal disposition under Texas Family Code §52.03.(d) The law enforcement agency may not forward information to the department relating to the child while the child is in a first offender program under Texas Family Code §52.031 or on informal disposition under Texas Family Code §52.03. On successful completion by the child of an informal disposition under Texas Family Code §52.03, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child. Ninety days after successful completion by the child of a first offender program under Texas Family Code §52.031, the law enforcement agency shall destroy all information, including photographs and fingerprints, relating to the child. The information should be retained during the 90-day period in order for it to be available for a referral of the original offense to the juvenile court in the event the child re-offends during the 90-day time period.(e) If the child fails to successfully complete the above described programs, or re-offends within 90 days of successful completion of a first offender program under Texas Family Code §52.031, the law enforcement agency may forward the information, including fingerprints to the department.</content><note type="source"><p>Source Note: The provisions of this §27.57 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.58"><num value="27.58">§27.58</num><heading>Reporting of Data to the Juvenile Justice Information System</heading><content>(a) Juvenile offender processing data as described by these sections and Texas Family Code, Title 3, Chapter 58, §§58.101-58.113 must be reported by the agency responsible for the data from the time a juvenile offender is initially taken into custody, detained, or referred until the time a juvenile offender is released from the jurisdiction of the juvenile justice system.(b) The law enforcement agency or the juvenile intake agency that initiates the entry of the juvenile offender into the juvenile justice information system for a specific incident shall prepare a uniform incident fingerprint card, or an electronic submission of the same data, and initiate the reporting process for each incident reportable to the juvenile justice information system. The initiation of reporting of each juvenile offender referral to the juvenile court must be accompanied by fingerprint data. The local juvenile board shall establish a process for fingerprinting when a juvenile is referred to the juvenile court without having first been taken into custody or detained by a law enforcement agency, and, therefore, the fingerprints have not been supplied by a law enforcement agency.(c) The prosecutor exercising jurisdiction over a juvenile offender's case shall ensure that each disposition by the prosecutor and the date of that disposition is reported to the juvenile justice information system.(d) The clerk of the court exercising jurisdiction over a juvenile offender's case shall promptly report to the department the disposition of the case, including information concerning custody of a juvenile offender by a juvenile justice agency or probation, the date of disposition, a description of any appellate proceeding, and the name and description, as described by codes assigned by the department, of any program to which the juvenile offender is referred.(e) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting, or electronic reporting, if the alternative reporting is approved by the local juvenile board and the department.(f) Except as otherwise required by applicable state laws or regulations, information required to be reported to the juvenile justice information system shall be reported promptly. Except as provided below, the information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information. A juvenile offenders' in-custody referral shall be reported to the department not later than the seventh day after the referral. A referral without previous custody shall be reported to the department not later than the seventh day after the date the child is fingerprinted.(g) All information to be reported to the juvenile justice information system by juvenile reporting agencies may be reported electronically, with the approval of the local juvenile board and the department.</content><note type="source"><p>Source Note: The provisions of this §27.58 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.59"><num value="27.59">§27.59</num><heading>Compatibility of Data</heading><content>Data supplied to the juvenile justice information system must be compatible with the system and must contain the incident numbers. The state identification number must be reported when already assigned by the department and known by the reporting agency.</content><note type="source"><p>Source Note: The provisions of this §27.59 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.60"><num value="27.60">§27.60</num><heading>Uniform Incident Fingerprint Card</heading><content>(a) The department will provide for the use of a uniform incident fingerprint card in the maintenance of the juvenile justice information system.(b) The incident cards will:(1) be serially numbered with an incident number in a manner that allows each incident of referral of a juvenile offender who is the subject of the incident fingerprint card to be readily ascertained;(2) be multiple-part forms that can be transmitted with the juvenile offender through the juvenile justice process and that allow each agency to report required data to the department.(c) Subject to available telecommunications capacity, the department will develop the capability to receive by electronic means from a law enforcement agency, prosecutor, juvenile probation department, court, state juvenile agency, or appropriate data processing provider on behalf of those agencies the information on the uniform incident fingerprint card. The information must be in a form that is compatible to the form required of data supplied to the juvenile justice information system.</content><note type="source"><p>Source Note: The provisions of this §27.60 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.61"><num value="27.61">§27.61</num><heading>Duties of the Juvenile Board</heading><content>Each juvenile board shall provide for:(1) the compilation and maintenance of records and information needed for reporting information to the department;(2) the transmittal to the department, in the manner provided by the department, of all records and information required by the department under the law; and(3) access by the department to inspect records and information to determine the completeness and accuracy of information reported.</content><note type="source"><p>Source Note: The provisions of this §27.61 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.62"><num value="27.62">§27.62</num><heading>Local Data Advisory Boards</heading><content>The commissioners court of each county may create a local data advisory board to perform the same duties relating to the juvenile justice information system as the duties performed by a local data advisory board in relation to the criminal history record system under Texas Code of Criminal Procedure, Article 60.09.</content><note type="source"><p>Source Note: The provisions of this §27.62 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.63"><num value="27.63">§27.63</num><heading>Confidentiality</heading><content>Except as provided in paragraphs (1) - (6) of this section information contained in the juvenile justice information system is confidential information for the use of the department and may not be disseminated by the department except:(1) with the permission of the juvenile offender, to military personnel of this state or the United States;(2) to a person or entity to which the department may grant access to adult criminal history records as provided by Texas Government Code, §411.083;(3) to a juvenile justice agency;(4) to the Criminal Justice Policy Council and the Texas Juvenile Justice Department for analytical purposes;(5) to the juvenile or juvenile's authorized representative as provided in the Texas Public Information Act; or(6) to a county, justice, or municipal court exercising jurisdiction over a juvenile, including a court exercising jurisdiction over a juvenile under Texas Family Code, §54.021.</content><note type="source"><p>Source Note: The provisions of this §27.63 adopted to be effective March 7, 1996, 21 TexReg 1588; amended to be effective May 6, 2014, 39 TexReg 3599.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scE/s27.64"><num value="27.64">§27.64</num><heading>Records of Missing and Wanted Children</heading><content>(a) If a child has been reported missing by a parent, guardian, or conservator of that child, information about the child may be forwarded to and disseminated by the Texas Crime Information Center and the National Crime Information Center.(b) The department shall maintain in a computerized database that is accessible by the same entities that may access the juvenile justice information system information relating to a warrant of arrest, as that term is defined by Texas Code of Criminal Procedure, Article 15.01, or a directive to apprehend under Texas Family Code, §52.015 for any child, without regard to whether the child has been taken into custody.(c) The department shall forward to the National Crime Information Center, those warrants reported to the above mentioned database which qualify under Federal Bureau of Investigation criteria.</content><note type="source"><p>Source Note: The provisions of this §27.64 adopted to be effective March 7, 1996, 21 TexReg 1588.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scF"><num value="F">SUBCHAPTER F</num><heading>ACTIVE PROTECTIVE ORDERS</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scF/s27.71"><num value="27.71">§27.71</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Active Protective Order--Refers to a protective order issued under Texas Family Code, Chapter 71, that is in effect. The term does not include a temporary protective order issued before the court holds a hearing on the matter, or an emergency protective order not issued under Texas Family Code, Chapter 71.(2) Department--Refers to the Texas Department of Public Safety of the State of Texas.(3) Hit Confirmation--Refers to an exchange of communications between the agency that has entered a protective order in the Protective Order File and a person or agency who has made a potential match of that protective order record in order to verify that the protective order is still active, that the person inquired upon is identical with the subject of the record (both the respondent and the protected person, when appropriate), and to exchange data regarding the conditions and facts of the protective order. The term includes the rules and procedures established by the Federal Bureau of Investigation for hit confirmation of records for missing or wanted persons within the National Crime Information Center.(4) Protected Person--Refers to the party in an application for protective order proceeding who is the applicant or is a member of the family or household for whose benefit the protective order may or was issued.(5) Protective Order File--Refers to a computerized file of active protective orders including a history of protective orders issued after December 31, 1995, and including those which are no longer in effect and are established under Texas Government Code, Article 411.042 and maintained by the department within the Texas Crime Information Center.(6) Respondent--Refers to the party in an application for protective order proceeding who is alleged to have committed family violence.</content><note type="source"><p>Source Note: The provisions of this §27.71 adopted to be effective March 7, 1996, 21 TexReg 1589.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scF/s27.72"><num value="27.72">§27.72</num><heading>Reporting of Information Related to the Protective Order File</heading><content>(a) The clerk of the court issuing an original or modified protective order under Texas Family Code, Chapter 71, including a dismissal of such order, shall send a copy of the order to the department at the following address: CRS/TCIC Control Room-Protective Orders, Texas Department of Public Safety, P.O. Box 4225, Austin, Texas 78765-4225.(b) The clerk of the court issuing an original or modified protective order under Texas Family Code, Chapter 71, including a dismissal of such order, shall send a copy of the order and related information to: the chief of police of the city where the member of the family or household protected by the order resides, if the person resides in a city with a police department, or to the sheriff of the county where the person resides, if the person does not reside in a city with a police department.(c) Information related to the protective order that is not contained in the protective order but is required or optional for entry into the Protective Order File may be sent from the court to the appropriate chief or sheriff on a form supplied by the department or a form supplied by the clerk. Such information must be conveyed to the chief or sheriff at the time of issuance.(d) The protective order and related information shall be sent in a manner which will allow the data to be entered into the Protective Order File by the chief or sheriff immediately thereafter.(e) If the chief or sheriff does not have a telecommunications terminal on the Texas Law Enforcement telecommunications System within their agency, the chief or sheriff shall enter into a written agreement with another law enforcement or criminal justice agency that does have such terminal, for the entry and updating of protective orders in the manner described under these sections.(f) Nothing in these rules prohibits the transmission of the protective order and related information from the clerk or from an automated court system to the appropriate chief or sheriff in an electronic or magnetic manner; however, the appropriate entry, modification, and removal of the record from the Protective Order File, as well as the related file maintenance functions required by the department, remain the responsibility of the chief or sheriff.(g) Nothing in these sections prevents appropriate agencies from entering into written agreements that consolidate or expedite the entry and updating of protective orders in the Protective Order File, if those agreements are approved in advance by the department.(h) The chief or sheriff who enters the order shall retain a copy of the order in a manner accessible 24 hours a day for hit confirmation purposes.</content><note type="source"><p>Source Note: The provisions of this §27.72 adopted to be effective March 7, 1996, 21 TexReg 1589.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scF/s27.73"><num value="27.73">§27.73</num><heading>Collection of Information Related to the Protective Order File</heading><content>(a) Although an active protective order may be entered with the minimum mandatory data, the effectiveness of the record entry in identifying the respondent or the protected person upon inquiry is greatly enhanced by inclusion of as much data as possible in the record.(b) Law enforcement agencies are encouraged to obtain information from relevant sources for addition to a Protective Order File record, as long as it can be determined with certainty that the additional data does relate to the named respondent, protected person, or protective order.</content><note type="source"><p>Source Note: The provisions of this §27.73 adopted to be effective March 7, 1996, 21 TexReg 1589.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scF/s27.74"><num value="27.74">§27.74</num><heading>Data for Entry into the Protective Order File</heading><content>The local law enforcement agency should remit to the department the following information as it relates to the:(1) Respondent: the name, sex, race, ethnicity, place of birth, date of birth, height, weight, skin tone, eye color, hair color, scars, marks, tattoos, fingerprint classification, relationship to protected person, Texas identification card number, state identification card (if from another state), Federal Bureau of Investigation identification number, miscellaneous number, as identified by the Federal Bureau of Investigation for entry of persons into the National Crime Information Center, social security number, operator's license number with operator's license state and operator's license year of expiration, and license plate type, vehicle identification number with vehicle year, vehicle make, vehicle model, vehicle style, and vehicle color, and residence address and street, city, state, zip code, and county. This data is collected in addition to other data as defined by the department.(2) Protected Person: the name, sex, race, ethnicity, date of birth, residence address and street, city, state, zip code, and county, place of employment name, address and street, city, state, zip code; and protected child-care facility name, address and street, city, state, zip code. This data is collected in addition to other data as defined by the department.(3) Protective Order: the ORI, or Federal Bureau of Investigation issued identifier of the law enforcement agency that maintains that protective order document for 24 hours a day access; case number assigned, protective order number, court identifier, date issued, date of expiration, and date of dismissal. This data is collected in addition to other data as defined by the department.</content><note type="source"><p>Source Note: The provisions of this §27.74 adopted to be effective March 7, 1996, 21 TexReg 1589.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scF/s27.75"><num value="27.75">§27.75</num><heading>Minimum Data Required for Entry into the Protective Order File</heading><content>In order to qualify for entry into the Protective Order File, a protective order and its accompanying information must include at a minimum:(1) Information regarding the Respondent to include: the name, sex, race, height, weight, eye color, hair color, county of residence, relationship to protected person, and at least one of the following numeric identifiers, date of birth, Federal Bureau of Investigation identification number, miscellaneous number, as identified by the Federal Bureau of Investigation for entry of persons into the National Crime Information Center, social security number, operator's license number with operator's license state and operator's license year of expiration, license plate number with license plate state, license plate year of expiration, and license plate type; or vehicle identification number with vehicle year, vehicle make, and vehicle style. Although the record can be entered with only one of the above numeric identifiers, it is highly recommended that as many as possible be captured and entered into the file, especially the date of birth;(2) Information regarding the protected person to include: the name, sex, race, date of birth, county of residence.(3) Information regarding the Protective Order to include: the ORI, or Federal Bureau of Investigation issued identifier of the law enforcement agency that maintains that protective order document for 24 hours a day access; case number assigned, protective order number, court identifier, date issued, date of expiration, and date of dismissal.</content><note type="source"><p>Source Note: The provisions of this §27.75 adopted to be effective March 7, 1996, 21 TexReg 1589.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scF/s27.76"><num value="27.76">§27.76</num><heading>Access to a National Protective Order File</heading><content>If the Federal Bureau of Investigation implements a protective order file with the National Crime Information Center, entries, modifications, deletions, and inquiries into the Texas Protective Order File will be forwarded by the department for processing in the national file, to the extent allowed by state and federal law, rule, and policy.</content><note type="source"><p>Source Note: The provisions of this §27.76 adopted to be effective March 7, 1996, 21 TexReg 1589.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scH"><num value="H">SUBCHAPTER H</num><heading>COMPUTERIZED CRIMINAL HISTORY SYSTEM</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scH/s27.101"><num value="27.101">§27.101</num><heading>Computerized Criminal History System</heading><content>(a) The Department of Public Safety (department) is responsible for recording data and maintaining a database for a computerized criminal history record information system that in connection with the Corrections Tracking System managed by the Texas Department of Criminal Justice comprises the Criminal Justice Information System.(b) The Computerized Criminal History System managed by the department serves:(1) as the record creation point for the criminal justice information system maintained by the state; and(2) as the control terminal agency for entry and indexing of criminal history information records, in accordance with federal law, rule and policy into the federal records systems maintained by the Federal Bureau of Investigation.(c) Local law enforcement and criminal justice agencies must report, and the department must retain, the information required by Texas Code of Criminal Procedure, Chapter 60.(d) The maintenance and dissemination of information in the Computerized Criminal History System, other than Computerized History Record Information, shall be in accordance with applicable state law.</content><note type="source"><p>Source Note: The provisions of this §27.101 adopted to be effective February 27, 2003, 28 TexReg 1650.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scH/s27.102"><num value="27.102">§27.102</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise. Computerized criminal history system - refers to the data base containing arrest, disposition, and other criminal history maintained by the Department of Public Safety. In addition, as required by Code of Criminal Procedure, Article 60.051(f), the information maintained by the department under Code of Criminal Procedure, Article 62.08 is maintained within the Computerized Criminal History System.</content><note type="source"><p>Source Note: The provisions of this §27.102 adopted to be effective February 27, 2003, 28 TexReg 1650.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scH/s27.103"><num value="27.103">§27.103</num><heading>Specific Information Collected in the Computerized Criminal History System</heading><content>(a) The department shall assign codes for the reporting of data to the computerized criminal history system. The department shall designate and distribute a list of uniform offense codes to be used in reporting data to the criminal justice information system.(b) The department has the sole responsibility for designating the state identification number for each individual whose name appears in the criminal justice information system. The department shall, upon receipt of fingerprint submissions of offender data, assign a unique state identification number to each offender reported to the computerized criminal history system.</content><note type="source"><p>Source Note: The provisions of this §27.103 adopted to be effective February 27, 2003, 28 TexReg 1650.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scH/s27.104"><num value="27.104">§27.104</num><heading>Collection of Records of Offenders to Be Forwarded to the Computerized Criminal History System</heading><content>(a) Law enforcement officers and other justice personnel shall collect information described by these rules, as part of the computerized criminal history system.(b) The computerized criminal history system shall contain the information required by these rules and by Chapter 60, Code of Criminal Procedure, as amended.</content><note type="source"><p>Source Note: The provisions of this §27.104 adopted to be effective February 27, 2003, 28 TexReg 1650.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scH/s27.105"><num value="27.105">§27.105</num><heading>Reporting of Data to the Computerized Criminal History System</heading><content>(a) Criminal offender processing data as described by these rules and Texas Code of Criminal Procedure, Article 60 shall be reported by each agency responsible for the data from the time an offender is initially taken into custody or arrested until the time an offender is released from the jurisdiction of the criminal justice system.(b) The arresting agency that initiates the entry of an offender into the criminal justice process for a specific incident shall prepare a fingerprint card, or an electronic submission of the same data, in order to initiate the reporting process for each incident reportable to the criminal justice information system.(c) The prosecutor exercising jurisdiction over an offender's case shall ensure that each disposition by the prosecutor and the date of that disposition is reported to the computerized criminal history system.(d) The clerk of the court exercising jurisdiction over an offender's case shall promptly report to the department the disposition of the case, including information concerning custody of an offender by a criminal justice agency or probation, the date of disposition, and a description of any appellate proceeding.(e) In each county, the reporting agencies may make alternative arrangements for reporting the required information, including combined reporting, or electronic reporting, if the alternative reporting is approved by the department. If such an agreement is made, the ultimate responsibility for reporting remains with the agency required by statute to report the information.(f) Except as otherwise required by applicable state laws or regulations, information or data required to be reported, by these rules or by Chapter 60, Code of Criminal Procedure, to the computerized criminal history system shall be reported promptly to the department, as follows:(1) except as provided in paragraph (2) of this subsection, the information shall be reported not later than the 30th day after the date the information is received by the agency responsible for reporting the information;(2) an offender's arrest shall be reported to the department not later than the seventh day after the date of the arrest.</content><note type="source"><p>Source Note: The provisions of this §27.105 adopted to be effective February 27, 2003, 28 TexReg 1650.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scH/s27.106"><num value="27.106">§27.106</num><heading>Compatibility of Data</heading><content>Data supplied to the computerized criminal history system shall be compatible with the criminal justice information system and shall contain the incident number appropriate to the individual and incident being reported. The state identification number shall be reported when already assigned by the Department and known by the reporting agency.</content><note type="source"><p>Source Note: The provisions of this §27.106 adopted to be effective February 27, 2003, 28 TexReg 1650.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scI"><num value="I">SUBCHAPTER I</num><heading>SECURE ELECTRONIC MAIL, ELECTRONIC TRANSMISSIONS AND FACSIMILE TRANSMISSIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scI/s27.111"><num value="27.111">§27.111</num><heading>Minimum Standards</heading><content>(a) The minimum standards contained in this title apply to secure electronic mail, electronic transmissions and facsimile transmissions arising under the provisions of Texas Government Code, §411.081.(b) The minimum standards for each method of transmission are detailed in this subsection:(1) Secure Electronic Mail--To secure electronic mail and any attachments, the email and the attachments are required to be encrypted using either the Advanced Encryption Standard (AES) or the Triple Data Encryption Standard (3DES) encryption algorithms with a key length of at least 128 bits.(2) Electronic Transmissions--To transmit a file electronically, the data are required to be encrypted using either the Advanced Encryption Standard (AES) or the Triple Data Encryption Standard (3DES) encryption algorithms with a key length of at least 128 bits.(3) Facsimile Transmissions--To transmit the file by a facsimile machine, the sender is required to first call the recipient and confirm the person is standing at the facsimile machine or the facsimile machine is located in a secure area, and will ensure that once received, the information will not be exposed to unauthorized viewing or disclosure. After the sender confirms the receiver is ready, the facsimile transmission may start.(c) Examples of acceptable implementations conforming to the minimum standards detailed in subsection (b) of this section may be obtained directly from the Crime Records Service CJIS Security Office.</content><note type="source"><p>Source Note: The provisions of this §27.111 adopted to be effective February 11, 2009, 34 TexReg 853; amended to be effective May 6, 2014, 39 TexReg 3599.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scJ"><num value="J">SUBCHAPTER J</num><heading>UNIFORM CRIME REPORTING</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scJ/s27.121"><num value="27.121">§27.121</num><heading>Sexual Assault Reporting</heading><content>(a) Section 411.042, Texas Government Code, mandates that a law enforcement agency shall report offenses under §22.011 and §22.021, Penal Code, to the Texas Department of Public Safety. The Department shall create a statistical breakdown of these offenses.(b) Information collected by the local law enforcement agency must include information indicating the specific offense committed and information regarding:(1) the victim's age, sex, race, and ethnic origin;(2) the offender's age, sex, race, and ethnic origin;(3) the offender's relationship to the victim;(4) the number of victims and the number of offenders;(5) any weapons used or exhibited in the commission of the offense;(6) any injuries sustained by the victim;(7) the location of the offense;(8) the incident date and time;(9) use of alcohol or drugs by the offender.(c) For purposes of this report, the following Texas Penal Code offense classifications will be collected:(1) §21.02--Continuous sexual abuse of young child or children;(2) §21.11(a)(1)--Indecency with a child by contact;(3) §21.11(a)(2)--Indecency with a child by exposure;(4) §22.011--Sexual Assault;(5) §22.021--Aggravated sexual assault;(6) §43.25--Sexual performance by a child.(d) Reports should be forwarded to the Department on a monthly basis using the method and form approved by the Department Uniform Crime Reporting.</content><note type="source"><p>Source Note: The provisions of this §27.121 adopted to be effective February 11, 2009, 34 TexReg 853; amended to be effective January 6, 2010, 35 TexReg 108.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scK"><num value="K">SUBCHAPTER K</num><heading>FEDERAL FIREARMS DISABILITIES</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scK/s27.141"><num value="27.141">§27.141</num><heading>Entry by Clerk</heading><content>(a) Texas Government Code, §411.0521, mandates the clerk of the court to provide to the department information relating to certain persons' access to firearms to be forwarded to the Federal Bureau of Investigation (FBI) for use in the National Instant Criminal Background Check System (NICS).(b) Information submitted by the clerk will be in an electronic format entered via the department's Criminal Justice Information System (CJIS) website.(c) The clerk of the court will enter the following information into the CJIS website:(1) the court originating agency identifier (ORI);(2) cause number;(3) first name;(4) middle name;(5) last name;(6) suffix;(7) date of birth;(8) sex;(9) race;(10) state identification number (SID);(11) driver license or personal identification number; and(12) social security number.(d) Information should be forwarded to the department not later than the 30th day after an action of the court described by Texas Government Code, §411.0521.(e) Federal prohibited person information submitted to the department will be provided to the FBI according to NICS/FBI Interface Control Document (ICD) specifications.</content><note type="source"><p>Source Note: The provisions of this §27.141 adopted to be effective November 11, 2010, 35 TexReg 9922.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scK/s27.142"><num value="27.142">§27.142</num><heading>Reversal or Correction of Order and Relief of Disabilities</heading><content>If information previously submitted by the court clerk is reversed or corrected, or the person is granted relief from disabilities under Texas Health and Safety Code, §574.088, the clerk of the court will notify the department not later than the 30th day after the action.</content><note type="source"><p>Source Note: The provisions of this §27.142 adopted to be effective November 11, 2010, 35 TexReg 9922.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scK/s27.143"><num value="27.143">§27.143</num><heading>Access by Subject</heading><content>(a) The department will grant access to federal prohibited person information to the person who is the subject of the information.(b) To obtain a copy of the information maintained by the department under Texas Government Code, §411.0521, the subject of the information must submit a signed, written request that the department search the Firearms Disabilities File for information relating to the person to: Crime Records Service, Attn: Firearms Disabilities File, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-4143. The written request must include the printed name, phone number, and return mailing address of the person designated to receive the results of the search. In addition, the subject must provide the following:(1) first, middle, and last name;(2) date of birth;(3) driver license or personal identification number;(4) social security number; and(5) a photocopy of a valid photo ID.(c) Acceptable forms of a valid photo ID include:(1) a state issued driver license or personal identification card;(2) a county, city, or state ID card;(3) a student ID;(4) a government employment badge or card;(5) a prison ID; or(6) a military ID.</content><note type="source"><p>Source Note: The provisions of this §27.143 adopted to be effective November 11, 2010, 35 TexReg 9922.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scK/s27.144"><num value="27.144">§27.144</num><heading>Correction of Records</heading><content>(a) A person may correct or supplement department records relating to a federal prohibited person by providing the following information:(1) a copy of a judicial order or finding that a person is no longer an incapacitated adult or is entitled to relief from disabilities under Texas Health and Safety Code, §574.088; or(2) proof that the person has obtained notice of relief from disabilities under United States Code, Title 18, §925.(b) Information described by subsection (a) of this section may be forwarded to:(1) Texas Department of Public Safety, Crime Records Service, P.O. Box 4143, Austin, Texas 78765-4143; or(2) this designated e-mail address: AFIS_CJIS@txdps.state.tx.us.(c) The department will verify information submitted under this section and forward the information to the Federal Bureau of Investigation.</content><note type="source"><p>Source Note: The provisions of this §27.144 adopted to be effective November 11, 2010, 35 TexReg 9922.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scL"><num value="L">SUBCHAPTER L</num><heading>DNA SUPPORTED SUSPECTED OFFENDER FILE</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scL/s27.161"><num value="27.161">§27.161</num><heading>Entry of Information</heading><content>(a) The department maintains a DNA Supported Suspected Offender File to collect and disseminate information regarding additional offenses that forensic DNA test results indicate may have been committed by a person who has been arrested for or charged with any felony or misdemeanor offense, other than a misdemeanor offense punishable by fine only.(b) Information may only be entered into the DNA Supported Suspected Offender File if based on forensic DNA test results indicating the DNA profile of the person cannot be excluded as a donor to the DNA profile of a person suspected to have committed an offense.(c) To be entered into the DNA Supported Suspected Offender File, the information must meet the following criteria:(1) submitted in the form of an affidavit signed by an investigating criminal justice agency;(2) approved by a district judge;(3) accompanied by the submission of the subject's fingerprints; and(4) accompanied by a completed DNA Supported Suspected Offender File (CR-40).</content><note type="source"><p>Source Note: The provisions of this §27.161 adopted to be effective August 29, 2010, 35 TexReg 7449.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scL/s27.162"><num value="27.162">§27.162</num><heading>Confidentiality and Dissemination</heading><content>(a) Information entered into the DNA Supported Suspected Offender File is confidential and may not be disseminated except as provided by Texas Government Code, Chapter 411, Subchapter D-1.(b) The department will disseminate the information contained in the DNA Supported Suspected Offender File to a criminal justice agency upon inquiry. A criminal justice agency may disseminate the information to any other criminal justice agency for a criminal justice purpose.</content><note type="source"><p>Source Note: The provisions of this §27.162 adopted to be effective August 29, 2010, 35 TexReg 7449.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scL/s27.163"><num value="27.163">§27.163</num><heading>Notice of Entry</heading><content>(a) A person may request to determine whether the department has entered information relating to that person in the DNA Supported Suspected Offender File as follows:(1) The person must be fingerprinted by a criminal justice agency or other entity on a department approved fingerprint card, or by the department approved electronic fingerprint submission vendor. The criminal justice agency, other entity or the department approved vendor for the electronic submission of fingerprints must establish the person's identity by requiring the person to produce a government issued photo identification document.(2) The criminal justice agency or other entity must include the following identifying information of the person on the fingerprint card:(A) the person's complete name (LAST, FIRST, MIDDLE), including any other names used by the person;(B) the person's sex, race, and date of birth (MONTH, DAY, YEAR); and(C) a complete, legible set of ten rolled fingerprints and simultaneous impressions taken from the person.(3) The person must mail the completed fingerprint card and a signed, written request that the department search the DNA Supported Suspected Offender File for information relating to the person to Crime Records Service, Attn: DNA Supported Suspected Offender File, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-4143. The written request must include the printed name, phone number, and return mailing address of the person designated to receive the result of the search.(4) Fingerprint cards with illegible prints or incomplete information will be returned to the address provided in the written request for proper re-submission.(b) Upon receipt of a request described by this section, the department will conduct a fingerprint based search of the DNA Supported Suspected Offender File. If an entry relating to the person is located, a printout of the information and the requesting letter will be returned to the designee. If information relating to the person is not located, a certified letter will be returned to the designee stating, "No entry on file." and the requesting letter will be returned to the person. The department will respond within ten (10) business days of the receipt of the request.</content><note type="source"><p>Source Note: The provisions of this §27.163 adopted to be effective August 29, 2010, 35 TexReg 7449.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scL/s27.164"><num value="27.164">§27.164</num><heading>Review of Entry</heading><content>(a) If a person believes an entry or information maintained by the department relating to the person in the DNA Supported Suspected Offender File is inaccurate, the person may return a copy of the department's correspondence and a written request that the department review the information to DNA Supported Suspected Offender File, P.O. Box 4143, Austin, Texas 78765-4143. The request to review entry must allege the department may have entered inaccurate information relating to the person.(b) Upon receipt of a request to review entry, the department shall review the information to determine whether there is a high likelihood that the information is accurate.(c) If the department determines there is not a high likelihood the information relating to the person is accurate, the department will:(1) promptly remove the information from the DNA Supported Suspected Offender File; and(2) notify appropriate divisions of the department, the investigating criminal justice agency, and the subject of the determination and removal of the information.(d) If the department determines there is a high likelihood that information relating to the defendant is accurate, the department shall notify the subject of the determination.</content><note type="source"><p>Source Note: The provisions of this §27.164 adopted to be effective August 29, 2010, 35 TexReg 7449.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c27/scM"><num value="M">SUBCHAPTER M</num><heading>CRIMINAL HISTORY CLEARINGHOUSE</heading><section identifier="/us/state/tx/tac/t37/p1/c27/scM/s27.171"><num value="27.171">§27.171</num><heading>Purpose of the Criminal History Clearinghouse</heading><content>The purpose of the criminal history clearinghouse is to:(1) provide authorized entities with the Texas and FBI fingerprint-based criminal history results.(2) provide authorized entities with subscription and notification service to disseminate updated criminal history information.</content><note type="source"><p>Source Note: The provisions of this §27.171 adopted to be effective November 6, 2016, 41 TexReg 8625.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scM/s27.172"><num value="27.172">§27.172</num><heading>Definitions</heading><content>The words and terms in this section, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Department (DPS) - Texas Department of Public Safety.(2) FBI - Federal Bureau of Investigation.(3) Identity History Summary - The FBI report of all identification, demographic, and event information, criminal and/or civil, within a Texas and FBI Identity record that may be disseminated to an authorized recipient. Since a Texas and FBI Identity record may now contain criminal and/or civil information, the existence of an Identity History Summary alone does not indicate that any criminal history events exist for that person.(4) Request for criminal history record information - The processing and entry of a person's complete set of fingerprints in the department's tenprint database and the comparison of those prints to the department's latent print database and if authorized the entry into FBI's tenprint and comparison to the FBI's latent print database.(5) Subscription - The subscription at the department, the FBI or both.(6) Subscription term - A lifetime subscription to a person.(7) Triggering event - Events that can trigger an update to an Identity History Summary. Examples include arrests, dispositions, and sex offender registry.(8) Validation - A process whereby the subscriber reviews a subscription to determine whether they are still authorized to receive criminal history record information on that individual and updates the subscription accordingly. Validations are required on a yearly basis.</content><note type="source"><p>Source Note: The provisions of this §27.172 adopted to be effective November 6, 2016, 41 TexReg 8625.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scM/s27.173"><num value="27.173">§27.173</num><heading>Duties of the Department</heading><content>(a) The department shall process a request for criminal history record information.(b) Fingerprints are searched in the department's tenprint and latent print databases.(c) Fingerprints are submitted to the FBI to be searched in the FBI's tenprint and latent print databases.(d) Results from both tenprint searches shall be populated in the clearinghouse.(e) The department shall update clearinghouse records within 48 hours after the department becomes aware that either the Texas or the FBI criminal history has been changed.(f) The department shall provide subscription validation lists to each subscription entity.(g) The department shall perform at least a triennial audit on each entity with access to the clearinghouse.(h) The department shall compare retained fingerprints against all new tenprint and latent fingerprint submissions.(i) The FBI shall compare retained fingerprints against all new tenprint and latent fingerprint submissions.</content><note type="source"><p>Source Note: The provisions of this §27.173 adopted to be effective November 6, 2016, 41 TexReg 8625.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c27/scM/s27.174"><num value="27.174">§27.174</num><heading>Duties of Entities Participating in the Clearinghouse</heading><content>(a) Entities shall only submit requests for criminal history record information on a person who has authorized the access of their information.(b) Entities may subscribe to a person in the clearinghouse, if the entity has the authority to view the record.(c) Entities shall unsubscribe from a person when it no longer has authority to view a record.(d) Entities shall allow the department and FBI to conduct audits of their clearinghouse accounts to prevent any unauthorized access, use or dissemination of the information.(e) Entities shall validate their subscriptions in accordance with the department's policies.(f) Entities shall maintain compliance with the FBI Criminal Justice Information Services Security Policy.</content><note type="source"><p>Source Note: The provisions of this §27.174 adopted to be effective November 6, 2016, 41 TexReg 8625.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c28"><num value="28">CHAPTER 28</num><heading>DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS AND GENERAL CODIS PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.1"><num value="28.1">§28.1</num><heading>Chapter Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context shall clearly indicate otherwise.(1) Accredited laboratory--A laboratory accredited in accordance with 37 TAC §§651.1 - 651.11.(2) CODIS--The FBI's Combined DNA Index System. The term includes the national DNA index system (NDIS) and the state DNA index system (SDIS) sponsored by the FBI.(3) CODIS user laboratory--A DNA laboratory subject to Subchapter G of this chapter.(4) Crime laboratory--(A) An accredited laboratory;(B) A CODIS user laboratory; or(C) A forensic DNA laboratory.(5) Criminal justice or law enforcement agency or agency--A criminal justice agency described by Government Code, §411.082 or §411.141, a city police or county sheriff's department of this state, the department, another agency or subdivision of this state which is authorized to employ or commission peace officers, or the University of North Texas Health Science Center at Fort Worth.(6) Department (DPS)--The Texas Department of Public Safety.(7) Director--The director of the department.(8) DNA--Deoxyribonucleic acid.(9) DNA database--One or more databases that contain forensic DNA records maintained by the director.(10) DNA laboratory--A laboratory that performs forensic DNA analysis on samples or specimens derived from a human body, physical evidence, or a crime scene. The term includes a CODIS user laboratory or a forensic DNA laboratory.(11) DNA record--The results of a forensic DNA analysis performed by a DNA laboratory. The term includes a DNA profile and related records which may include a code or other identifying number referenced to a separate database and, if known, the name and other personally identifying information of the individual who is the subject of the analysis.(12) DNA sample--A blood sample or other biological sample or specimen submitted to the director for DNA analysis or storage.(13) FBI--The Federal Bureau of Investigation.(14) Forensic analysis--Has the meaning assigned by Code of Criminal Procedure, Article 38.35.(15) Forensic DNA laboratory--A laboratory subject to Subchapter F of this chapter.(16) Forensic DNA testing--Forensic DNA analysis conducted for use in a criminal proceeding under Code of Criminal Procedure, Article 38.35.(17) Institution of higher education--Has the meaning assigned by Education Code, §61.003.(18) Integrity or trustworthiness--Includes:(A) attention to confidentiality, accuracy, and documentation; and(B) prevention of bias or misrepresentation of qualifications, evidence, conclusions, or testimony.(19) Penal institution--Has the meaning assigned by Penal Code, §1.07.(20) Profile--The DNA profile used for law enforcement identification.(21) Recognized accreditation--Accreditation of a laboratory or other entity by an accrediting body recognized by the Texas Forensic Science Commission under 37 TAC §651.4.(22) Recognized accrediting body--An entity that:(A) issues an accreditation accepted throughout the relevant scientific community; and(B) accredits a laboratory or other entity, including its personnel, procedures, and facilities, whether the body uses 'accreditation,' 'certification,' or a similar term. The term accreditation does not include the certification of an individual unless that certification is relevant to an accreditation review of personnel employed by a laboratory or entity.(23) Substantial deficiency--A failure to comply with an accreditation or operational standard that is reasonably likely to impair:(A) the integrity or trustworthiness of a test result; and(B) the admissibility of that result. The term does not include a minor deficiency.(24) TDCJ--The Texas Department of Criminal Justice.(25) TJJD--The Texas Juvenile Justice Department.</content><note type="source"><p>Source Note: The provisions of this §28.1 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective March 18, 2012, 37 TexReg 1712; amended to be effective September 8, 2013, 38 TexReg 5740; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.2"><num value="28.2">§28.2</num><heading>Voluntary Sample</heading><content>Any person may voluntarily submit a sample using a DPS approved kit to the director for the purpose of creating a DNA record under Subchapter B of this chapter.</content><note type="source"><p>Source Note: The provisions of this §28.2 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.3"><num value="28.3">§28.3</num><heading>Compliance with Certain Procedures</heading><content>A criminal justice or law enforcement agency shall follow the procedures established by the director under this chapter and specified by the FBI, including use of comparable test procedures, laboratory equipment, supplies, and computer software.</content><note type="source"><p>Source Note: The provisions of this §28.3 adopted to be effective February 7, 2005, 30 TexReg 407.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.4"><num value="28.4">§28.4</num><heading>Sample Collection</heading><content>A criminal justice or law enforcement agency or DNA laboratory may not collect, and the director may not accept, a sample taken from a person who is not deceased, whether submitted voluntarily or as required by this chapter, unless:(1) a blood sample is collected in a medically approved manner by:(A) a physician, registered nurse, licensed vocational nurse, licensed clinical laboratory technologist; or(B) another person who is trained to properly collect blood samples and supervised by a licensed physician; or(2) a sample other than blood is collected in a manner approved by the director in a policy adopted under this chapter.</content><note type="source"><p>Source Note: The provisions of this §28.4 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2370.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.5"><num value="28.5">§28.5</num><heading>Sample Submitted to Director</heading><content>A person who collects a sample under Subchapter C, D, or H of this chapter shall send the sample to the director at the DPS Crime Laboratory Service.</content><note type="source"><p>Source Note: The provisions of this §28.5 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective June 1, 2010, 35 TexReg 4435.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.6"><num value="28.6">§28.6</num><heading>Confidentiality of DNA Records</heading><content>A DNA record is confidential and is not subject to disclosure under Government Code, Chapter 552.</content><note type="source"><p>Source Note: The provisions of this §28.6 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scA/s28.7"><num value="28.7">§28.7</num><heading>Communications</heading><content>(a) Information about this chapter is available at the following website: http://www.dps.texas.gov.(b) Except as provided by §28.109 of this title (relating to CODIS Communications) and §28.130 of this title (relating to DNA Communications), a forensic DNA laboratory or accredited laboratory shall communicate with the department or the director through the DPS Crime Laboratory Service at:(1) telephone number: (512) 424-2105;(2) fax number: (512) 424-5645;(3) e-mail address: LABQA@dps.texas.gov; and(4) physical mailing address: DPS Crime Laboratory, 5800 Guadalupe, Austin, Texas 78752.</content><note type="source"><p>Source Note: The provisions of this §28.7 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2370; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective September 8, 2013, 38 TexReg 5740.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scB"><num value="B">SUBCHAPTER B</num><heading>CODIS RESPONSIBILITIES OF THE DIRECTOR</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.21"><num value="28.21">§28.21</num><heading>DNA Database Authority</heading><content>The director shall record DNA data and establish and maintain a computerized database that serves as the central depository in the state for criminal DNA records, including profiles. The director may maintain the DNA database at the DPS Crime Laboratory Service or another suitable location.</content><note type="source"><p>Source Note: The provisions of this §28.21 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.22"><num value="28.22">§28.22</num><heading>DNA Database Purposes</heading><content>The director may receive, analyze, store, and destroy a record, profile, or sample for the following purposes:(1) to assist a federal, state, or local criminal justice agency in the investigation or prosecution of sex-related offenses or other offenses in which biological evidence is recovered;(2) in criminal cases, for use in the investigation of an offense, the exclusion or identification of suspects or offenders, and the prosecution or defense of the case;(3) to assist in the recovery or identification of human remains from a disaster or for humanitarian purposes;(4) to assist in the identification of living or deceased missing persons;(5) if personal identifying information is removed:(A) to establish a population statistics database; and(B) to assist in identification research, forensic validation studies, or forensic protocol development;(6) retesting to validate or update the original analysis or to assist in database or DNA laboratory quality control.</content><note type="source"><p>Source Note: The provisions of this §28.22 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.23"><num value="28.23">§28.23</num><heading>Types of DNA Files</heading><content>The DNA database may contain DNA records, including profiles, for the types of records described in Government Code, §411.142.</content><note type="source"><p>Source Note: The provisions of this §28.23 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371; amended to be effective June 1, 2010, 35 TexReg 4435.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.24"><num value="28.24">§28.24</num><heading>DNA Records Access</heading><content>(a) The director may release a DNA sample, analysis, profile, or record, only:(1) to a criminal justice agency for criminal justice or law enforcement identification purposes;(2) to a court for a judicial proceeding, if otherwise admissible under law;(3) to a criminal defendant for defense purposes, if related to the case in which the defendant is charged; or(4) if personally identifiable information is removed, for:(A) a population statistics database;(B) forensic identification research and forensic protocol development; or(C) quality control.(b) The director may only release a DNA sample to a criminal justice or law enforcement agency for criminal justice or law enforcement purposes through:(1) the agency's laboratory;(2) a laboratory used by the agency; or(3) a laboratory directed by a valid court order.(c) The director shall maintain a record of requests made under this section. The director may release a record of the number of requests made for a defendant's DNA record and the name of the requesting person.</content><note type="source"><p>Source Note: The provisions of this §28.24 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective September 8, 2013, 38 TexReg 5741; amended to be effective August 17, 2016, 41 TexReg 6065; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.25"><num value="28.25">§28.25</num><heading>DNA Database Use</heading><content>(a) The information contained in the DNA database may not be collected, analyzed, or stored to obtain information about human physical traits or predisposition for disease unless the purpose for obtaining the information is related to a purpose described by §28.22 of this title (relating to DNA Database Purposes).(b) In general, the director may not store a name or other personal identifying information in the CODIS database. A profile record may include a file or reference number to another information system in the CODIS database only if the director determines the information is necessary to:(1) generate an investigative lead or exclusion;(2) support the statistical interpretation of a test result; or(3) allow for the successful implementation of the DNA database.(c) Except as provided by this subchapter, the DNA database may not include criminal history record information.</content><note type="source"><p>Source Note: The provisions of this §28.25 adopted to be effective February 7, 2005, 30 TexReg 407.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.26"><num value="28.26">§28.26</num><heading>DNA Database</heading><content>(a) Capabilities. The DNA database must be capable of classifying, matching, and storing the profiles or other results of analyses of DNA.(b) National standards. Standards for DNA analysis shall meet or exceed the current standards for quality assurance and proficiency testing for forensic DNA analysis issued by the FBI. The DNA database may contain only DNA records of DNA analyses, including profiles, performed according to the standards required by this chapter.(c) Compatibility. The DNA database must be compatible with the national DNA index system (NDIS) procedures sponsored by the FBI to the extent required by the FBI to permit the useful exchange and storage of DNA records or information derived from those records, including profiles.(d) FBI liaison. The director or a designee is the liaison for DNA data, records, profiles, evidence, and other related matters between the FBI and a DNA laboratory or a criminal justice or law enforcement agency.</content><note type="source"><p>Source Note: The provisions of this §28.26 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.27"><num value="28.27">§28.27</num><heading>Sample Collection Kits</heading><content>The director shall provide a reasonable quantity of sample collection kits to a criminal justice or law enforcement agency in this state, which is required by statute to collect offender samples, at no cost to the agency. A sample collection kit shall consist of any items necessary for sample collection including instructions and any other item designated by the director. Agencies shall use the supplies contained in the kit, as directed in the instructions, unless otherwise approved by the director.</content><note type="source"><p>Source Note: The provisions of this §28.27 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.28"><num value="28.28">§28.28</num><heading>Compliance with Collection Provisions</heading><content>In order for a sample to comply with DPS collection provisions, all of the following standards must be met:(1) The sample shall have been collected pursuant to the following:(A) proper statutory authority,(B) court-order, or(C) voluntary submission.(2) The sample shall be collected with a collection kit approved and provided by the director.(3) The sample shall be collected in accordance with the kit instructions.(4) The sample documentation shall include fingerprints.</content><note type="source"><p>Source Note: The provisions of this §28.28 adopted to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.29"><num value="28.29">§28.29</num><heading>Existence of Satisfactory Sample</heading><content>(a) Information may be released to a criminal justice or law enforcement agency about whether or not a satisfactory DNA sample has been received.(b) A formal request shall be provided and should contain: the offender's full name, date of birth, and Texas State Identification (SID) number.(c) The information that may be released includes: if a sample has been received, the date of receipt, the submitting agency, and the verification status.(d) The department shall maintain a record of requests made under this section.</content><note type="source"><p>Source Note: The provisions of this §28.29 adopted to be effective April 30, 2007, 32 TexReg 2371; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.30"><num value="28.30">§28.30</num><heading>Administrative Removal</heading><content>If a sample has been erroneously taken from an individual that is not required by statute to provide a sample, the agency collecting the sample shall provide a formal request to the director asking that the sample be destroyed. Prior to destruction, a check of the offender's criminal history will be conducted to verify that there are no qualifying offenses. If an individual is determined to have a qualifying offense, and a satisfactory sample has not been previously submitted, the agency will be notified that the sample is being retained. If there are no qualifying offenses, the sample and its associated records will be removed, and the collecting agency notified of the removal. Communications may be made as detailed in §28.109 of this title (relating to CODIS Communications).</content><note type="source"><p>Source Note: The provisions of this §28.30 adopted to be effective April 30, 2007, 32 TexReg 2371; amended to be effective June 1, 2010, 35 TexReg 4435.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scB/s28.31"><num value="28.31">§28.31</num><heading>Court Order</heading><content>If any person subject to this chapter fails or refuses to comply with this chapter or with Government Code, Chapter 411, Subchapter G, the director may request a district or county attorney or the attorney general to seek compliance with the act through a court order.</content><note type="source"><p>Source Note: The provisions of this §28.31 adopted to be effective April 30, 2007, 32 TexReg 2371; amended to be effective June 1, 2010, 35 TexReg 4435; amended to be effective August 17, 2016, 41 TexReg 6065.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scC"><num value="C">SUBCHAPTER C</num><heading>CODIS RESPONSIBILITIES OF THE TEXAS DEPARTMENT OF CRIMINAL JUSTICE</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.41"><num value="28.41">§28.41</num><heading>Sample Collection by TDCJ</heading><content>An individual confined in a penal institution operated by or under contract with the Texas Department of Criminal Justice shall provide one or more DNA samples for the purpose of creating a DNA record.</content><note type="source"><p>Source Note: The provisions of this §28.41 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.42"><num value="28.42">§28.42</num><heading>TDCJ Responsibilities</heading><content>TDCJ shall:(1) obtain samples from individuals under this subchapter;(2) preserve each sample collected;(3) maintain a record of the collection of the sample; and(4) send the sample to the director for scientific analysis under Subchapter B of this chapter.</content><note type="source"><p>Source Note: The provisions of this §28.42 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.43"><num value="28.43">§28.43</num><heading>Sample Collection</heading><content>(a) Time to collect. TDCJ shall obtain the sample from an individual during the diagnostic process or at another time determined by TDCJ.(b) Use of force. A TDCJ employee may use force against an individual required to provide a sample under this subchapter when and to the degree the employee reasonably believes the force is immediately necessary to collect the sample.(c) Contracts. TDCJ may contract for phlebotomy services under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.43 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.44"><num value="28.44">§28.44</num><heading>Fingerprint and Signature</heading><content>(a) TDCJ shall collect and forward thumbprints with each DNA sample collected under this subchapter.(b) The thumbs must be rolled to capture the entire print.(c) TDCJ shall provide a legible signature of the person collecting the sample and, for identification purposes, should make reasonable efforts to collect a legible signature from the subject providing the sample.</content><note type="source"><p>Source Note: The provisions of this §28.44 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.45"><num value="28.45">§28.45</num><heading>Inmate in Another Institution</heading><content>If an individual is confined in another institution after sentencing and before admission to TDCJ, and TDCJ determines that the individual is likely to be released before being admitted to TDCJ, TDCJ shall cause a sample to be collected from the individual. The administrator of the other penal institution shall cooperate under this section as required by law.</content><note type="source"><p>Source Note: The provisions of this §28.45 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2371.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.46"><num value="28.46">§28.46</num><heading>Advance Notice of Release</heading><content>If requested by the director, TDCJ shall notify the director that an individual subject to this subchapter is to be released from custody not earlier than the 120th day before the individual's release date and not later than the 90th day before the individual's release date.</content><note type="source"><p>Source Note: The provisions of this §28.46 adopted to be effective April 30, 2007, 32 TexReg 2371; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scC/s28.47"><num value="28.47">§28.47</num><heading>Release without Sample</heading><content>If an individual is released without first having submitted a required sample, TDCJ shall file an appropriate report with the director. The director may then seek post-release compliance with this subchapter. If the individual remains under the supervision of TDCJ (such as with the Parole division), TDCJ shall cause a sample to be collected from the individual. The administrator of the other division shall cooperate under this section as required by law.</content><note type="source"><p>Source Note: The provisions of this §28.47 adopted to be effective April 30, 2007, 32 TexReg 2371; amended to be effective December 11, 2017, 42 TexReg 6941.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scD"><num value="D">SUBCHAPTER D</num><heading>CODIS RESPONSIBILITIES OF THE TEXAS JUVENILE JUSTICE DEPARTMENT</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.61"><num value="28.61">§28.61</num><heading>Sample Collection by TJJD</heading><content>A juvenile who is, after an adjudication for conduct constituting a felony, confined in a facility operated by or under contract with TJJD shall provide one or more DNA samples taken by or at the request of the commission for the purpose of creating a DNA record.</content><note type="source"><p>Source Note: The provisions of this §28.61 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.62"><num value="28.62">§28.62</num><heading>TJJD Responsibilities</heading><content>TJJD shall:(1) obtain samples from juveniles under this subchapter;(2) preserve each sample collected;(3) maintain a record of the collection of the sample; and(4) send the sample to the director for scientific analysis under Subchapter B of this chapter.</content><note type="source"><p>Source Note: The provisions of this §28.62 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.63"><num value="28.63">§28.63</num><heading>Sample Collection</heading><content>(a) Time to collect. TJJD shall obtain the sample from a juvenile during the initial examination or at another time determined by TJJD.(b) Use of force. A TJJD employee may use force against a juvenile required to provide a sample under this subchapter when and to the degree the employee reasonably believes the force is immediately necessary to collect the sample.(c) Contracts. TJJD may contract for phlebotomy services under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.63 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.64"><num value="28.64">§28.64</num><heading>Collection of Fingerprint and Signature</heading><content>(a) TJJD shall collect and forward thumbprints with each DNA sample collected under this subchapter.(b) The thumbs must be rolled to capture the entire print.(c) TJJD shall provide a legible signature of the person collecting the sample and, for identification purposes, should make reasonable efforts to collect a legible signature from the subject providing the sample.</content><note type="source"><p>Source Note: The provisions of this §28.64 adopted to be effective February 7, 2005, 30 TexReg 407; amended to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.65"><num value="28.65">§28.65</num><heading>Juvenile in Another Institution</heading><content>If a juvenile is confined in another juvenile detention facility after adjudication and before admission to TJJD, and TJJD determines that the juvenile is likely to be released before being admitted to TJJD, TJJD shall cause a sample to be collected from the juvenile. The administrator of the other juvenile detention facility shall cooperate fully with TJJD as necessary to allow TJJD to perform its duties under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.65 adopted to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.66"><num value="28.66">§28.66</num><heading>Advance Notice of Release</heading><content>If requested by the director, TJJD shall notify the director that a juvenile subject to this subchapter is to be released from custody not earlier than the 120th day before the juvenile's release date.</content><note type="source"><p>Source Note: The provisions of this §28.66 adopted to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741; amended to be effective December 11, 2017, 42 TexReg 6942.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scD/s28.67"><num value="28.67">§28.67</num><heading>Release without Required Sample</heading><content>If a juvenile is released without first having submitted a required sample, TJJD shall file an appropriate report with the director. The director may seek post-release compliance with this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.67 adopted to be effective April 30, 2007, 32 TexReg 2372; amended to be effective September 8, 2013, 38 TexReg 5741.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scE"><num value="E">SUBCHAPTER E</num><heading>CODIS RESPONSIBILITIES OF COMMUNITY SUPERVISION AGENCY</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scE/s28.81"><num value="28.81">§28.81</num><heading>Sample Collection by Community Supervision Agency</heading><content>The following individuals shall provide one or more DNA samples taken by or at the request of a community supervision and corrections department or a local juvenile probation department ("supervising agency") for the purpose of creating a DNA record:(1) an individual, other than a juvenile, who is ordered by a magistrate or court to provide a DNA sample under Code of Criminal Procedure, Article 42.12 or other law as part of an order granting community supervision to the individual; and(2) a juvenile who, following an adjudication for conduct constituting a felony, is placed on probation, if the conduct constitutes a felony described by Family Code, §54.0409.</content><note type="source"><p>Source Note: The provisions of this §28.81 adopted to be effective June 1, 2010, 35 TexReg 4436.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scE/s28.82"><num value="28.82">§28.82</num><heading>Community Supervision Agency's Responsibilities</heading><content>The supervising agency shall:(1) obtain samples from individuals under this subchapter;(2) preserve each sample collected;(3) maintain a record of the collection of the sample; and(4) send the sample to the director for scientific analysis under Subchapter B of this chapter (relating to CODIS Responsibilities of the Director).</content><note type="source"><p>Source Note: The provisions of this §28.82 adopted to be effective June 1, 2010, 35 TexReg 4436.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scE/s28.83"><num value="28.83">§28.83</num><heading>Sample Collection</heading><content>(a) Time to collect. The supervising agency shall obtain the sample from an individual at or near the time the agency accepts supervision of that individual.(b) Use of force. A supervising agency employee may use force against an individual required to provide a sample under this subchapter when and to the degree the employee reasonably believes the force is immediately necessary to collect the sample.(c) Contracts. The supervising agency may contract for collection services under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.83 adopted to be effective June 1, 2010, 35 TexReg 4436.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scE/s28.84"><num value="28.84">§28.84</num><heading>Fingerprint and Signature</heading><content>(a) The supervising agency shall collect and forward thumbprints with each DNA sample collected under this subchapter.(b) The thumbs must be rolled to capture the entire print.(c) The supervising agency shall provide a legible signature of the person collecting the sample and, for identification purposes, should make reasonable efforts to collect a legible signature from the subject providing the sample.</content><note type="source"><p>Source Note: The provisions of this §28.84 adopted to be effective June 1, 2010, 35 TexReg 4436.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scF"><num value="F">SUBCHAPTER F</num><heading>FORENSIC DNA LABORATORIES</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scF/s28.91"><num value="28.91">§28.91</num><heading>Purpose and Applicability</heading><content>(a) This subchapter contains the director's rules that govern the regulation of DNA laboratories located in this state.(b) The rules contained in this subchapter apply to forensic DNA laboratories, including a CODIS user laboratory, and do not apply to:(1) any laboratory, including a crime laboratory, which does not conduct DNA testing; or(2) any entity that conducts DNA testing, if that testing is performed for a purpose other than forensic analysis under Code of Criminal Procedure, Article 38.35.</content><note type="source"><p>Source Note: The provisions of this §28.91 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scF/s28.92"><num value="28.92">§28.92</num><heading>Minimum Standards</heading><content>(a) A forensic DNA laboratory shall comply with the rules in this subchapter.(b) Before conducting a DNA test, a forensic DNA laboratory shall:(1) obtain accreditation in accordance with 37 TAC §§651.1 - 651.11; and(2) comply with the audit standards required by the laboratory's recognized accrediting body.(c) A forensic DNA laboratory shall establish and maintain a procedure that requires prompt reporting of each substantial deficiency by the laboratory. Laboratory personnel shall promptly report an incident of substantial deficiency by the laboratory to appropriate authorities, including the laboratory's director, the director of the department, the laboratory's recognized accrediting body, and the appropriate prosecutor or other criminal justice or law enforcement agency. This section does not apply to a deficiency that laboratory personnel reasonably believe to be minor and not substantial.(d) If a forensic DNA laboratory agrees or is required to report the results of an analysis, comparison, or other match to a criminal justice or law enforcement agency, the laboratory shall make reasonable efforts to submit the report to the agency no later than 30 days after completing its report of the comparison or match.</content><note type="source"><p>Source Note: The provisions of this §28.92 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6942.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scG"><num value="G">SUBCHAPTER G</num><heading>CODIS USER LABORATORIES</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.101"><num value="28.101">§28.101</num><heading>Purpose and Applicability</heading><content>(a) This subchapter contains the director's rules that govern the regulation of a CODIS user laboratory located in this state.(b) The rules contained in this subchapter apply to a CODIS user laboratory and do not apply to:(1) a forensic DNA laboratory that does not participate in CODIS;(2) any laboratory which does not conduct DNA testing; or(3) any entity that conducts DNA testing, if that testing is performed for a purpose other than forensic analysis under Code of Criminal Procedure, Article 38.35.</content><note type="source"><p>Source Note: The provisions of this §28.101 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.102"><num value="28.102">§28.102</num><heading>CODIS Laboratory Application</heading><content>A DNA laboratory in this state that is maintained by a criminal justice agency may apply to become a CODIS user laboratory by completing an application form provided by the director and providing requested information.</content><note type="source"><p>Source Note: The provisions of this §28.102 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.103"><num value="28.103">§28.103</num><heading>Policy, Procedure, and Rule Compliance</heading><content>A CODIS user laboratory shall:(1) comply with CODIS policy and with this chapter, including the collection, preservation, shipment, and analysis of a sample or specimen and access and use of the DNA database;(2) follow the procedures established by the director under this chapter and specified by the FBI, including the use of comparable test procedures, profiles, laboratory equipment, supplies and computer software;(3) maintain accreditation in accordance with 37 TAC §§651.1 - 651.11; and(4) be subject to the provision of the annual audit described by the FBI DNA Quality Assurance Audit Document. The laboratory shall inform the director within 30 days of the completion of such annual audit, and shall provide the director with a copy of the notification, by the FBI, of the determination on all external audits within 30 days of receipt.</content><note type="source"><p>Source Note: The provisions of this §28.103 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6942.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.104"><num value="28.104">§28.104</num><heading>Entry and Inspection</heading><content>The director may enter and inspect a CODIS user laboratory during reasonable business hours and to monitor operations related to:(1) the collection, preservation, shipment, and analysis of samples;(2) the access and use of the DNA database; and(3) any other matters including compliance with FBI guidelines.</content><note type="source"><p>Source Note: The provisions of this §28.104 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.105"><num value="28.105">§28.105</num><heading>CODIS Records and Reports</heading><content>(a) A CODIS user laboratory conducting a DNA analysis under this subchapter shall transmit the DNA record of the analysis, including profiles, to the director at the DPS Crime Laboratory Service.(b) If a CODIS user laboratory agrees or is required to report the results of an analysis, comparison, or other match to a criminal justice or law enforcement agency, the laboratory shall make reasonable efforts to submit the report to the agency no later than 30 days after completing its report of the comparison or match.</content><note type="source"><p>Source Note: The provisions of this §28.105 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.106"><num value="28.106">§28.106</num><heading>Analysis of CODIS Records and Reports</heading><content>A CODIS user laboratory may analyze a biological sample collected under this chapter or other DNA sample only:(1) to type the genetic markers contained in the sample;(2) for criminal justice and law enforcement purposes; or(3) for other purposes described by this subchapter or a purpose described by §28.22 of this title (relating to DNA Database Purposes).</content><note type="source"><p>Source Note: The provisions of this §28.106 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.107"><num value="28.107">§28.107</num><heading>Second Sample for Trial</heading><content>Because the convicted offender CODIS sample and its analysis are intended only to be used as an investigative lead, if possible a second DNA sample must be obtained from a suspect in a criminal investigation if forensic DNA evidence is necessary for use as substantive evidence in the prosecution of a case.</content><note type="source"><p>Source Note: The provisions of this §28.107 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6942.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.108"><num value="28.108">§28.108</num><heading>Prohibition of CODIS User Laboratory Activity</heading><content>If a CODIS user laboratory violates this subchapter, the director may prohibit the laboratory from:(1) exchanging DNA records with another DNA laboratory or criminal justice or law enforcement agency; or(2) accessing the CODIS system.</content><note type="source"><p>Source Note: The provisions of this §28.108 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scG/s28.109"><num value="28.109">§28.109</num><heading>CODIS Communications</heading><content>(a) Information about this subchapter is available at the following website: http://www.dps.texas.gov/CrimeLaboratory/CODIS/index.htm.(b) To inquire about information and administrative matters with, transmit to, or otherwise contact the department, director, or Crime Laboratory Service with respect to this subchapter:(1) the telephone number is: (512) 424-2790;(2) the fax number is: (512) 424-2386;(3) the e-mail address is: codislab@dps.texas.gov;(4) the Post Office Box mailing address is: Crime Laboratory Service, Attention CODIS, MSC 0461, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0461; and(5) the physical mailing address is: Crime Laboratory Service, Attention CODIS, Texas Department of Public Safety, 5800 Guadalupe, Austin, Texas 78752.</content><note type="source"><p>Source Note: The provisions of this §28.109 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective September 8, 2013, 38 TexReg 5741; amended to be effective December 11, 2017, 42 TexReg 6942.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scH"><num value="H">SUBCHAPTER H</num><heading>DATABASE RECORDS</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.121"><num value="28.121">§28.121</num><heading>Subchapter Definitions</heading><content>The following words and terms, when used in this subchapter, have the following meanings, unless the context clearly indicates otherwise.(1) Approved laboratory or lab--A public or private forensic laboratory that is approved by the director under this subchapter. The term does not include the department's crime laboratory service.(2) Defendant--A suspect or arrestee.(3) DNA Database Card--A form available from the director to be used by an agency to make a record under this subchapter.(4) DNA Procedural Guidelines--The latest draft of the director's publication by that name and any cross-referenced material, including a procedure or specimen collection method approved by the director.(5) Standard DNA sample--A DNA sample provided by an individual under Subchapters A through E of this chapter.</content><note type="source"><p>Source Note: The provisions of this §28.121 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.122"><num value="28.122">§28.122</num><heading>Purpose and Applicability</heading><content>(a) Purpose. This subchapter contains the director's rules governing the taking of a biological sample from certain eligible individuals by an agency in order to populate the DPS DNA database.(b) Applicability. The general law and rules governing CODIS apply to this subchapter except as otherwise provided by this subchapter.(1) This subchapter applies to a standard DNA sample taken from an eligible individual for an offense covered by this subchapter.(2) This subchapter does not apply to:(A) a DNA sample or record maintained by the director under Subchapter F of this chapter; or(B) a suspect reference sample that is not a voluntary sample described by §28.123(6) of this title (relating to Eligible Individual).</content><note type="source"><p>Source Note: The provisions of this §28.122 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.123"><num value="28.123">§28.123</num><heading>Eligible Individual</heading><content>This subchapter applies to an eligible individual described in this section, including an individual who is:(1) indicted or waives indictment for a felony prohibited or punishable under Penal Code:(A) §20.04(a)(4) (aggravated kidnapping with intent to cause bodily injury or violate or abuse sexually);(B) §21.11 (indecency with child);(C) §22.011 (sexual assault);(D) §22.021 (aggravated sexual assault);(E) §25.02 (prohibited sexual conduct or 'incest');(F) §30.02(d) (burglary of a habitation committing, attempting, or with intent to commit a non-theft felony);(G) §43.05 (compelling prostitution);(H) §43.25 (sexual performance by child);(I) §43.26 (possession or promotion of child pornography);(J) §21.02 (continuous sexual abuse of young child or children); or(K) §20A.03 (continuous trafficking of persons);(2) arrested for a felony described by paragraph (1) of this section after having been previously convicted of or placed on deferred adjudication for a felony:(A) described by paragraph (1) of this section; or(B) punishable under Penal Code, §30.02(c)(2) (burglary of a habitation);(3) convicted of a misdemeanor or any higher category of offense under a Penal Code:(A) described by paragraph (1) of this section, except for an offense punishable as a Class A misdemeanor under Penal Code:(i) §20.02 (unlawful restraint);(ii) §22.01 (assault); or(iii) §22.05 (deadly conduct).(B) §21.08 (indecent exposure);(C) §25.04 (enticing a child);(D) §43.02(b) (prostitution-based on the payment of a fee by the actor or another person on behalf of the actor);(E) §43.03 (promotion of prostitution); or(F) §43.24 (sale, distribution, or display of harmful material to minor);(4) released on bail or bond under Code of Criminal Procedure, Article 17.47;(5) required to register under Chapter 62, Code of Criminal Procedure, who is not otherwise required to provide a standard sample; or(6) described by paragraph (1) or (3) of this section and who voluntarily provides a sample to create a DNA record under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §28.123 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.124"><num value="28.124">§28.124</num><heading>Approval of Outside Laboratory</heading><content>(a) Date of approval. A laboratory outside the department must:(1) be approved on the date a DNA sample is analyzed by the lab; and(2) remain approved at least until the date the analysis report is submitted by the lab to the director.(b) Manner. An agency or other entity seeking approval for a lab under this section must submit to the director a written justification for the approval as described in the DNA Procedural Guidelines. The laboratory must be accredited in accordance with 37 TAC §§651.1 - 651.11.</content><note type="source"><p>Source Note: The provisions of this §28.124 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.125"><num value="28.125">§28.125</num><heading>Collection of Sample</heading><content>(a) Generally. An agency may collect a DNA sample from an eligible individual. The agency collecting the sample shall use a collection method approved by the director and described in the DNA Procedural Guidelines and may:(1) only use a sample collection kit obtained from the director; and(2) not collect the sample using a trusty, probationer, volunteer, or other individual who is not officially associated with the agency.(b) Evidentiary sample discouraged. The director does not intend for a DNA sample to be used in court as the evidentiary sample establishing identity. An agency should use information about matching the database sample's profile to an unknown profile to obtain a separate evidentiary sample.(c) Collection kit. For the purpose of collecting a DNA sample under this subchapter the director shall make reasonable efforts to provide an adequate supply of sample kits to each sheriff's department operating a county jail and, upon request, to any other agency with appropriately trained personnel.(d) Training. The director may provide or approve training under this subchapter as described in the DNA Procedural Guidelines. If an agency frequently submits unusable samples, the director may require additional training before accepting further samples.(e) Statutory prohibition. Under Government Code, §411.1471(d), no agency may take a blood sample for the purpose of creating a DNA record under this subchapter.(f) Court-ordered sample. If a court, including a magistrate, orders the taking of a DNA sample under this subchapter, the director encourages but does not require the court to order that the sample be taken by an agency that has the personnel, training, and other resources necessary to efficiently and properly take the sample. The director expects these personnel will normally be:(1) a booking clerk or another individual performing a similar function at a county jail; or(2) a member of a sex offender registration unit or another individual performing a similar function for the agency.(g) Criminal history check. If an agency arrests an individual for a felony offense potentially covered by this subchapter, the director encourages but does not require the agency to take reasonable steps to determine if the individual has the criminal history sufficient to take a DNA sample under this subchapter. These steps should include inquiry into each appropriate information system available to law enforcement.(h) Duty--standard sample. The duty to require or take a standard sample:(1) is affected by the fact that an individual proves that a DNA sample has already been collected under this subchapter; and(2) is not affected by the fact that:(A) an individual asserts or proves that a standard specimen has already been collected; or(B) a standard profile appears to already exist for the individual.</content><note type="source"><p>Source Note: The provisions of this §28.125 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.126"><num value="28.126">§28.126</num><heading>Processing of Sample</heading><content>(a) Preservation. The agency collecting the DNA sample shall use a preservation method and procedure approved by the director and described in the DNA Procedural Guidelines.(b) Forwarding. The collecting agency shall forward the sample together with the original DNA Database Card to the director or an approved lab no later than the end of the third business day after the collection.(c) After forwarding. If the collecting agency forwards the sample kit and its associated database card to an approved lab, the agency:(1) may request the lab to return a copy of the profile to the agency; and(2) must instruct the lab that the lab shall, as soon as is reasonably practicable after creating the profile, forward to the director:(A) the profile;(B) all remaining sample material, including the unprocessed buccal swab and any remaining extracted DNA, and(C) all other original kit components, including the original database card.(d) Acceptance or rejection. The director:(1) may accept a usable sample that substantially complies with this subchapter;(2) may reject an unusable sample that does not comply with this subchapter;(3) shall notify the submitting agency of any rejection; and(4) may destroy the rejected sample, if it is unusable.(e) Testing fee--DPS lab. The director shall absorb the cost of testing necessary to create a profile for a DNA sample submitted directly to the DPS Crime Laboratory Service by the collecting agency.(f) Testing fee--approved lab. The collecting agency shall initially pay the cost of testing necessary to create a profile for a DNA sample submitted to an outside lab approved under this subchapter. The agency may then seek reimbursement from the criminal justice division of the governor's office under Code of Criminal Procedure, Article 102.056(e).(g) Profile entry. The director shall enter the record's profile into the database.</content><note type="source"><p>Source Note: The provisions of this §28.126 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.127"><num value="28.127">§28.127</num><heading>DNA Record</heading><content>(a) Maintenance by agency. An agency collecting a DNA sample from an eligible individual shall maintain a record of the collection under this section, including a copy of the DNA Database Card and any associated record.(b) Certification. The individual agency representative who collects the sample shall certify compliance with the DNA Procedural Guidelines. The individual shall make the certification on a DNA Database Card completed at the time of collection. The card (LAB-13) includes a certification that:(1) the individual is properly trained; and(2) the DNA sample was taken in compliance with this subchapter.(c) Retention period. Unless a court orders differently, the collecting agency shall retain the copy of the DNA Database Card and any associated record for a period of three years from the date of collection.(d) Maintenance by DPS. The director shall maintain a DNA sample and record under this subchapter using standard CODIS laboratory procedures.</content><note type="source"><p>Source Note: The provisions of this §28.127 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.128"><num value="28.128">§28.128</num><heading>Additional Sample</heading><content>(a) Prosecutor determines no profile. The director encourages but does not require the appropriate felony prosecutor to file a motion for a DNA sample to be taken under this subchapter, if an original, DNA sample:(1) was never taken;(2) was lost or rejected; or(3) did not otherwise produce a valid DNA profile under this subchapter.(b) Request from a felony prosecutor. If the defendant has already submitted a DNA sample, an attorney representing the state in felony prosecutions may submit a written request to the director to determine that a defendant should provide a standard DNA sample. The request must include justification demonstrating to the director that the interests of justice or public safety require that the defendant provide an additional DNA sample.(c) DPS determines no profile. If the director determines that no valid DNA profile exists for a defendant under this subchapter, the director deems that the interests of justice and public safety require that a defendant provide an additional, standard sample. The director may contact an appropriate felony prosecutor to submit a written request under this section to ensure that each defendant, who is required to provide a sample, does provide at least one profiled DNA sample.(d) Profile does exist. If the director determines that a valid DNA record does exist for a defendant, the director:(1) shall not solicit an additional DNA sample to be taken by TDCJ or TJJD without a written request from a felony prosecutor;(2) may contact the appropriate felony prosecutor to submit a written request under this section; and(3) may store an unsolicited sample for future testing.</content><note type="source"><p>Source Note: The provisions of this §28.128 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective September 8, 2013, 38 TexReg 5742.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.129"><num value="28.129">§28.129</num><heading>Notification and Information</heading><content>If this subchapter requires or permits an agency to communicate with the department or the director, the agency must communicate with the department or the director through the DPS Crime Laboratory Service.</content><note type="source"><p>Source Note: The provisions of this §28.129 adopted to be effective June 1, 2010, 35 TexReg 4437.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scH/s28.130"><num value="28.130">§28.130</num><heading>DNA Communications</heading><content>(a) Information about this subchapter is available at the following website: http://www.dps.texas.gov/CrimeLaboratory/CODIS/index.htm.(b) To inquire about information and administrative matters with, transmit to, or otherwise contact the department, director, or Crime Laboratory Service with respect to this subchapter:(1) the telephone number is: (512) 424-2790;(2) the fax number is: (512) 424-2386;(3) the email address is: codislab@dps.texas.gov;(4) the Post Office Box mailing address is: Crime Laboratory Service, Attention CODIS, MSC 0461, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-0461; and(5) the physical mailing address is: Crime Laboratory Service, Attention CODIS, Texas Department of Public Safety, 5800 Guadalupe, Austin, Texas 78752.</content><note type="source"><p>Source Note: The provisions of this §28.130 adopted to be effective June 1, 2010, 35 TexReg 4437; amended to be effective September 8, 2013, 38 TexReg 5742; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scK"><num value="K">SUBCHAPTER K</num><heading>COLLECTION, STORAGE, PRESERVATION, AND RETRIEVAL OF BIOLOGICAL EVIDENCE</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scK/s28.181"><num value="28.181">§28.181</num><heading>Applicability and Standards</heading><content>This subchapter applies to the collection, storage, preservation and retrieval of biological evidence as defined and specified in Code of Criminal Procedure, Article 38.43. Pursuant to this article, the department has adopted standards, consistent with best practices, which are located at the Crime Laboratory Service's homepage on the department's website at www.dps.texas.gov.</content><note type="source"><p>Source Note: The provisions of this §28.181 adopted to be effective March 13, 2013, 38 TexReg 1702.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scK/s28.182"><num value="28.182">§28.182</num><heading>Collection and Preservation</heading><content>(a) Biological evidence and materials should be collected, handled, and preserved in a manner that prevents contamination and degradation and ensures integrity during all phases of the investigation, pretrial, and post adjudication, including:(1) Packaging each item of biological evidence separately to prevent contamination;(2) Labeling, marking for identification, and sealing each package of evidence to preserve its chain-of-custody and to prevent cross contamination, loss, or deleterious change; and(3) Storing the evidence in climate controlled conditions in a facility, which provides security and limited access.(b) During the trial phase, due diligence shall be exercised to protect biological evidence from cross contamination, loss, and deleterious change. If a courthouse has climate controlled facilities, those facilities should be used.</content><note type="source"><p>Source Note: The provisions of this §28.182 adopted to be effective March 13, 2013, 38 TexReg 1702.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scK/s28.183"><num value="28.183">§28.183</num><heading>Retrieval and Retention</heading><content>(a) The retention and preservation schedule for biological evidence may be accessed in Code of Criminal Procedure, Article 38.43(c).(b) Long-term evidence retention should be part of the governmental evidence-retention entity's evidence control policy.(c) A governmental evidence-retention entity must have a system to catalog evidence so it is possible to locate any retained biological evidence.</content><note type="source"><p>Source Note: The provisions of this §28.183 adopted to be effective March 13, 2013, 38 TexReg 1702.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scL"><num value="L">SUBCHAPTER L</num><heading>CATALOGING, DELIVERY, AND DISPOSITION OF BIOLOGICAL EVIDENCE--COUNTY WITH POPULATION LESS THAN 100,000</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scL/s28.191"><num value="28.191">§28.191</num><heading>Applicability</heading><content>This subchapter applies to the cataloging, delivery to the department, and disposition of biological evidence for counties with a population less than 100,000 as specified in Code of Criminal Procedure, Article 38.43.</content><note type="source"><p>Source Note: The provisions of this §28.191 adopted to be effective March 13, 2013, 38 TexReg 1703.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scL/s28.192"><num value="28.192">§28.192</num><heading>Cataloging</heading><content>(a) The following information must accompany all evidence:(1) full name of convicted person, when applicable;(2) date of offense;(3) county of offense;(4) offense;(5) sentence that convicted person received, when applicable;(6) name of victim of offense;(7) name of investigating agency with agency case/incident number; and(8) inventory listing the items of biological evidence.(b) The department will maintain a catalog of information on all evidence received. It will include the information in subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §28.192 adopted to be effective March 13, 2013, 38 TexReg 1703.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scL/s28.193"><num value="28.193">§28.193</num><heading>Delivery</heading><content>(a) The items of biological evidence must be packaged in a manner to avoid contamination.(b) Each item shall be in a separate paper package completely sealed.(c) Each package shall be labeled for identification.(d) Multiple packages related to a single offense may be placed into one outer container (box).(e) The sealed and labeled box may be delivered to the department warehouse site in person, by U.S. Postal Service, or by private carrier. The Department of Public Safety Crime Laboratory Bio-Evidence Storage warehouse address is DPS Crime Laboratory, Building C, 12230 West Road, Houston, Texas 77065-4523.(f) The items must include a packing slip containing the cataloging information as specified in §28.192(a) of this title (relating to Cataloging).</content><note type="source"><p>Source Note: The provisions of this §28.193 adopted to be effective March 13, 2013, 38 TexReg 1703; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scL/s28.194"><num value="28.194">§28.194</num><heading>Disposition of Evidence</heading><content>(a) The submitting agency, prosecutor's office, or clerk's office shall notify the department at the Bio-Evidence Storage warehouse address, DPS Crime Laboratory, Building C, 12230 West Road, Houston, Texas 77065-4523, within 30 days of the date the inmate either completes his/her sentence, is released on parole or mandatory supervision, or dies.(b) Upon receiving such notification, the department shall return the evidence to the submitting agency, prosecutor's office, or clerk's office.</content><note type="source"><p>Source Note: The provisions of this §28.194 adopted to be effective March 13, 2013, 38 TexReg 1703; amended to be effective December 11, 2017, 42 TexReg 6943.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scM"><num value="M">SUBCHAPTER M</num><heading>MISCELLANEOUS</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scM/s28.201"><num value="28.201">§28.201</num><heading>Sexual Assault Evidence in Cases Without Law Enforcement Reporting</heading><content>Pursuant to Code of Criminal Procedure, Article 56.065, instructions and forms regarding the submission, transfer, and preservation of evidence and allowable reimbursement are located at the Crime Laboratory Service's homepage on the department's website at www.dps.texas.gov.</content><note type="source"><p>Source Note: The provisions of this §28.201 adopted to be effective March 13, 2013, 38 TexReg 1703.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c28/scN"><num value="N">SUBCHAPTER N</num><heading>TEXAS CRIME LABORATORY RECORDS PORTAL</heading><section identifier="/us/state/tx/tac/t37/p1/c28/scN/s28.211"><num value="28.211">§28.211</num><heading>Definitions and Purpose</heading><content>(a) In this subchapter, the terms "accredited field of forensic science" and "forensic examination or test not subject to accreditation" have the meanings provided by Texas Code of Criminal Procedure, Article 38.01; and the terms "crime laboratory," "criminal action," and "forensic analysis" have the meanings provided by Texas Code of Criminal Procedure, Article 38.35.(b) The Texas Crime Laboratory Records Portal (the portal) administered by the department, as required by Texas Government Code, §411.162, is a central computerized portal that facilitates the sharing of crime laboratory records between crime laboratories, attorneys representing the state, and defense counsel. The purpose of the portal is to ensure that attorneys representing the state and defense counsel have equal access to relevant forensic analysis records.</content><note type="source"><p>Source Note: The provisions of this §28.211 adopted to be effective July 3, 2025, 50 TexReg 3787.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scN/s28.212"><num value="28.212">§28.212</num><heading>Mandatory Participation and Exemption</heading><content>(a) All crime laboratories that operate disciplines in an accredited field of forensic science and conduct forensic analysis for use in a criminal action in Texas must participate in the portal by transferring crime laboratory records as soon as practicable through the portal for at least those accredited fields of forensic science. A crime laboratory may also choose to participate in the portal for any forensic examination or test not subject to accreditation but for which the crime laboratory performs casework.(b) A crime laboratory that only performs forensic examinations or tests not subject to accreditation is not required to participate in the portal but may choose to participate.(c) A crime laboratory located outside of Texas but accredited by the Texas Forensic Science Commission that performs an average of fewer than 300 cases annually in Texas during the immediately preceding five-year period may submit a request to be designated exempt from mandatory participation in the portal.(1) A crime laboratory's request to be designated exempt from mandatory participation must be made to the DPS Crime Laboratory Records Program Manager (manager) at CLRConnect@dps.texas.gov. (2) The manager must respond to the request for exemption within 60 days of receipt of the request.(3) A crime laboratory that is denied an exemption request may appeal that decision to the DPS Crime Laboratory Division Chief by mailing an appeal request with relevant information, including the exemption request and the response, to: Crime Laboratory Division Chief, Texas Department of Public Safety, Attn: CLR Connect Exemption Appeal, 5805 N. Lamar Blvd. (MSC 0460), Austin, Texas 78752.(d) Exemptions are effective for two years. Subsequent exemption requests are not guaranteed and must be requested no fewer than 60 days before the exemption expires.(e) The department must provide a list on the portal webpage of each crime laboratory that has been designated exempt from mandatory portal participation with the exemption effective date.(f) A crime laboratory, regardless of an exemption designation, must continue to comply with all discovery obligations as set forth by Texas Code of Criminal Procedure, Article 39.14.</content><note type="source"><p>Source Note: The provisions of this §28.212 adopted to be effective July 3, 2025, 50 TexReg 3787.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scN/s28.213"><num value="28.213">§28.213</num><heading>Records Available Through the Portal</heading><content>All case-specific records related to a criminal action's forensic analysis that have reached a crime laboratory's designated completion step must be made available through the portal as soon as practicable and obtainable by any authorized user with sufficient rights to access that case. A case-specific record is a record pertaining solely to a single case or cases linked to a specific criminal action.</content><note type="source"><p>Source Note: The provisions of this §28.213 adopted to be effective July 3, 2025, 50 TexReg 3787.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scN/s28.214"><num value="28.214">§28.214</num><heading>Records Available Through the Portal or Public Website</heading><content>(a) A crime laboratory must make non-case-specific records available either through the portal or on the crime laboratory's public website. A non-case-specific record is a record relevant beyond a single case or cases linked to a specific criminal action, including information on instruments, techniques, laboratory personnel, or general methodologies. Crime laboratories that make records available on a public website must include information related to the location of those records on the portal.(b) The portal must include a process for requesting non-case-specific records not otherwise available through the portal or made publicly available on a crime laboratory's website.</content><note type="source"><p>Source Note: The provisions of this §28.214 adopted to be effective July 3, 2025, 50 TexReg 3787.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c28/scN/s28.215"><num value="28.215">§28.215</num><heading>Prosecutor Responsibility to Provide Defense Counsel Access to the Portal</heading><content>Attorneys representing the state must identify at least one contact in the attorney's office to designate and keep up to date the person(s) authorized to access the portal under Government Code, §411.162.</content><note type="source"><p>Source Note: The provisions of this §28.215 adopted to be effective July 3, 2025, 50 TexReg 3787.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c29"><num value="29">CHAPTER 29</num><heading>PRACTICE AND PROCEDURE</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c29/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.1"><num value="29.1">§29.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise. (1) APA -- The Administrative Procedures Act, Texas Government Code §2001.001, et seq. (2) Commission -- The Public Safety Commission.(3) Contested case -- A contested case as defined by the APA.(4) Department -- The Department of Public Safety.(5) Director -- The director of the Department of Public Safety or the designee of the director.(6) Party -- Each person or agency named.(7) SOAH -- The State Office of Administrative Hearings.</content><note type="source"><p>Source Note: The provisions of this §29.1 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.2"><num value="29.2">§29.2</num><heading>Scope</heading><content>These rules govern the procedure for the institution, conduct and determination of all contested cases under the department's jurisdiction. These rules do not apply to cases under Texas Transportation Code, Chapters 521, 522, 524, and 724, except contested cases brought under the Ignition Interlock Program, Texas Transportation Code, §§521.247, 521.2475, and 521.2476. These rules do not apply to internal personnel matters of the department.</content><note type="source"><p>Source Note: The provisions of this §29.2 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective November 28, 2005, 30 TexReg 7889; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.3"><num value="29.3">§29.3</num><heading>Institution of a Contested Case</heading><content>A contested case may be instituted by the department after a person requests a hearing or declines a penalty.</content><note type="source"><p>Source Note: The provisions of this §29.3 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.5"><num value="29.5">§29.5</num><heading>Service of Notice of Hearing for Contested Cases--Motor Carrier</heading><content>(a) A notice of hearing shall be served on a respondent who is a motor carrier that is registered with the Texas Department of Motor Vehicles by certified mail, return receipt requested, or by personal delivery at:(1) the last known address as reflected in the records or investigation of the department, or(2) an alternative address specified in writing to the department by the respondent or the respondent's authorized representative after receipt of a notice of claim under §4.17 of this title (relating to Notification and Hearing Processes), or(3) the address registered by the motor carrier with the Texas Department of Motor Vehicles.(b) A notice of hearing shall be served on a person who is an unregistered motor carrier or other person subject to administrative penalties under Texas Transportation Code, Chapter 644, by certified mail, return receipt requested, or by personal delivery, and addressed to the last known address of the motor carrier or other person as reflected in the records of investigation of the department.(c) A notice of hearing shall be served on a person who holds a commercial driver's license and is subject to administrative penalties under Texas Transportation Code, Chapter 644, by serving the notice on the last known address provided to the department or other governmental authority that issued the license by certified mail, return receipt requested, or personal delivery.</content><note type="source"><p>Source Note: The provisions of this §29.5 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.20"><num value="29.20">§29.20</num><heading>Venue</heading><content>All contested case hearings shall be held in Austin, Texas, and shall be open to the public.</content><note type="source"><p>Source Note: The provisions of this §29.20 adopted to be effective May 10, 2000, 25 TexReg 4191.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.21"><num value="29.21">§29.21</num><heading>Transcripts</heading><content>Contested case hearings shall be transcribed or recorded. The cost of any transcription may be assessed against the party requesting it and included in the final decision of the director or the director's designee.</content><note type="source"><p>Source Note: The provisions of this §29.21 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.24"><num value="29.24">§29.24</num><heading>Discovery</heading><content>The scope of discovery in contested case proceedings under this chapter is governed by the APA, 1 Texas Administrative Code, Part 7, Chapter 155 (relating to Rules of Procedure); this chapter; and the Texas Rules of Civil Procedure, as applicable.</content><note type="source"><p>Source Note: The provisions of this §29.24 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.27"><num value="29.27">§29.27</num><heading>Failure To Attend Hearing; Informal Disposition</heading><content>(a) If a respondent fails to appear in person or by authorized representative on the day and time set for hearing in the contested case, the department will ask the judge to dismiss the case from the docket and remand it to the department to informally dispose of the case by default.(b) For purposes of this chapter, informal disposition means the removal of the matter as a contested case before SOAH, hearing officer, or other administrative entity with jurisdiction over the case. After the time period to contest the order of dismissal issued by the ALJ expires and the case is remanded to the department, the department will notify the respondent of the dismissal and the effective date of the administrative action.</content><note type="source"><p>Source Note: The provisions of this §29.27 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.29"><num value="29.29">§29.29</num><heading>Proof of Attorney's Fees, Costs, and Expenses of the Department</heading><content>(a) If authorized by statute, the department may submit evidence of costs, fees, expenses, and reasonable and necessary attorney's fees incurred by the department. Costs include all expenses incurred by the department in instituting and prosecuting the contested case. Costs specifically include, but are not limited to, investigative costs, witness fees and deposition expenses, travel expenses of witnesses, fees for professional services or expert witnesses, costs of adjudication before SOAH, and any other costs necessary for the preparation of the department's case including the cost of any transcriptions, or any other costs specifically provided for by statute.(b) The department may submit evidence of costs, fees, expenses, and reasonable and necessary attorney's fees as part of its case-in-chief, by affidavit, or by motion after the issuance of the judge's proposal for decision. Postponement of the introduction of evidence of costs until after the issuance of a proposal for decision shall not constitute a waiver of the department's right to recover any part of its incurred costs.(c) Once assessment of costs of the department are approved by order of the director, any payments which do not cover the administrative penalty and assessed costs in full shall be applied to payment of the costs until they are paid in full, then to the outstanding balance of the administrative penalty.</content><note type="source"><p>Source Note: The provisions of this §29.29 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 23, 2005, 30 TexReg 1641; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.30"><num value="29.30">§29.30</num><heading>Final Decisions and Orders</heading><content>(a) All final decisions and orders shall be in writing and shall be signed by the chair of the Commission.(b) The Commission's final decision may adopt the judge's findings and conclusions of law, setting out costs, fees, expenses, and reasonable and necessary attorneys' fees incurred by the department in bringing the proceeding.</content><note type="source"><p>Source Note: The provisions of this §29.30 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.31"><num value="29.31">§29.31</num><heading>Stay of Enforcement--Motor Carrier</heading><content>(a) A party filing an affidavit to stay enforcement of a penalty based on financial inability to give a supersedeas bond shall serve a copy of the affidavit by certified mail on the director or the director's designee. The affidavit shall be mailed to the attorney of record for the department in the contested case.(b) A supersedeas bond filed under this rule shall be executed by a person authorized to do business in Texas as a surety.</content><note type="source"><p>Source Note: The provisions of this §29.31 adopted to be effective May 10, 2000, 25 TexReg 4191.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.32"><num value="29.32">§29.32</num><heading>Certified Record</heading><content>Pursuant to the APA, §2001.177, a party seeking judicial review of the final decision of the Commission in a contested case shall pay all costs of preparing a record of the contested case proceedings.</content><note type="source"><p>Source Note: The provisions of this §29.32 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c29/sc/s29.33"><num value="29.33">§29.33</num><heading>Conflicts</heading><content>If there is a conflict between the SOAH rules of procedure and these rules of procedure, these rules shall control. If there is conflict between these rules and the applicable statutes, the statutes shall control.</content><note type="source"><p>Source Note: The provisions of this §29.33 adopted to be effective May 10, 2000, 25 TexReg 4191; amended to be effective March 8, 2021, 46 TexReg 1511.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c34"><num value="34">CHAPTER 34</num><heading>NEGOTIATION AND MEDIATION OF CERTAIN CONTRACT DISPUTES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c34/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL</heading><section identifier="/us/state/tx/tac/t37/p1/c34/scA/s34.1"><num value="34.1">§34.1</num><heading>Purpose and Application</heading><content>These rules are intended to explain the process for the negotiation and mediation of a claim of breach of contract asserted by a contractor against the department under the Texas Government Code, Chapter 2260. These rules are not intended to replace department procedures relating to breach of contract claims that are otherwise mandated by state or federal law.</content><note type="source"><p>Source Note: The provisions of this §34.1 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scA/s34.2"><num value="34.2">§34.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:(1) Claim--A written demand for damages by the contractor based upon the department's alleged breach of the contract.(2) Contract--A written contract between the department and a contractor by the terms of which the contractor agrees either:(A) to provide goods or services, by sale or lease, to or for the department; or(B) to perform a project as defined by Texas Government Code, §2166.001.(3) Contractor--Independent contractor who has entered into a contract directly with the department. The term does not include:(A) The contractor's subcontractor, officer, employee, agent or other person furnishing goods or services to a contractor;(B) An employee of a unit of state government; or(C) A student at an institution of higher education.(4) Counterclaim--A demand by the department based upon the contractor's claim.(5) Day--A calendar day. If an act is required to occur on a day falling on a Saturday, Sunday, or holiday, the first working day which is not one of these days should be counted as the required day for purpose of this act.(6) Event--An act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract:(A) Examples of events in the context of a contract for goods or services:(i) the failure to timely pay for goods and services;(ii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed for work not performed under the contract or in substantial compliance with the contract terms;(iii) the suspension, cancellation, or termination of the contract;(iv) final rejection of the goods or services tendered by the contractor, in whole or in part;(v) repudiation of the entire contract prior to or at the outset of performance by the contractor;(vi) withholding liquidated damages from final payment to the contractor.(B) Examples of events in the context of a project:(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;(ii) the failure to make timely progress payments required by the contract;(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed for work not performed under the contract or in substantial compliance with the contract terms;(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;(vi) suspension, cancellation or termination of the contract;(vii) rejection by the department, in whole or in part, of the "work", as defined by the contract, tendered by the contractor;(viii) repudiation of the entire contract prior to or at the outset of performance by the contractor;(ix) withholding liquidated damages from final payment to the contractor;(x) refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time, or the scope of work.(7) Goods--Supplies, materials or equipment.(8) Parties--The department and the contractor who entered into a written contract for which a claim of breach of contract has been filed under this chapter.(9) Project--As defined in Texas Government Code §2166.001, a building construction project that is financed wholly or partly by a specific appropriation, bond issue or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation or repair of an existing building, structure, or appurtenant facility or utility.(10) Services--The furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of the department or any other unit of state government.</content><note type="source"><p>Source Note: The provisions of this §34.2 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c34/scB"><num value="B">SUBCHAPTER B</num><heading>NEGOTIATION OF CONTRACT DISPUTES</heading><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.21"><num value="34.21">§34.21</num><heading>Notice of Claim of Breach of Contract</heading><content>(a) A contractor asserting a claim of breach of contract under the Texas Government Code, Chapter 2260, shall file notice of the claim as provided by this section.(b) The notice of claim shall:(1) be in writing and signed by the contractor or the contractor's authorized representative;(2) clearly and unambiguously identify itself as a notice of claim for damages;(3) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the officer of the department designated in the contract to receive a notice of claim of breach of contract under the Texas Government Code, Chapter 2260; if no person is designated in the contract, the notice shall be delivered to the office of the director of the department, and(4) provide a detailed statement of the following:(A) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(B) an itemization of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(C) the legal theory of recovery for each damage claim.(c) In addition to the mandatory contents of the notice of claim as required by subsection (b) of this section, the contractor should submit appropriate supporting documentation or other tangible evidence to facilitate the department's evaluation of the contractor's claim.(d) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts to be the basis of the claim.</content><note type="source"><p>Source Note: The provisions of this §34.21 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.22"><num value="34.22">§34.22</num><heading>Counterclaim</heading><content>(a) The department may submit a counterclaim under the provisions of Texas Government Code, Chapter 2260.(b) The notice of counterclaim shall:(1) be in writing;(2) be delivered by hand, certified mail return receipt requested or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of claim of breach of contract; and(3) provide the following:(A) the nature of the counterclaim;(B) the damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(C) the legal theory supporting the counterclaim.(c) In addition to the mandatory contents of the notice of counterclaim required by subsection (b) of this section, the department may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the department's counterclaim.(d) The notice of counterclaim shall be delivered to the contractor no later than the deadline provided in §2260.051(d) of the Texas Government Code. The statutory deadline depends on the date of the contract upon which the counterclaim is based.(e) The department is not precluded from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction and may do so without engaging in the process provided by these regulations.</content><note type="source"><p>Source Note: The provisions of this §34.22 adopted to be effective February 6, 2001, 26 TexReg 1170; amended to be effective September 5, 2007, 32 TexReg 5710.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.23"><num value="34.23">§34.23</num><heading>Duty to Negotiate</heading><content>The parties shall negotiate in accordance with the timetable set forth in §34.24 of this chapter (relating to Timetable) to attempt to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.</content><note type="source"><p>Source Note: The provisions of this §34.23 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.24"><num value="34.24">§34.24</num><heading>Timetable</heading><content>(a) Following receipt of a contractor's notice of claim, the director's designated representative shall review the contractor's claim(s) and the department's counterclaim(s), if any, and initiate negotiations with the contractor to attempt to resolve the claim(s) and counterclaim(s).(b) Subject to subsection (c) of this section, the parties shall begin negotiations by the deadline provided in §2260.052(a) of the Texas Government Code. The statutory deadline depends on the date of the contract upon which the claim, as well as any counterclaim, is based.(c) The department may delay negotiations until after the 180th day after the date of the event giving rise to the claim of breach of contract by delivering written notice to the contractor that the commencement of negotiations will be delayed and providing written notice to the contractor of the date that the department anticipates it will be prepared to begin negotiation. However, this subsection only applies to claims, as well as any counterclaims, involving a breach of a contract entered into by the department before September 1, 2005.(d) The parties may conduct negotiations according to an agreed schedule as long as they begin negotiations no later than the deadlines set forth in subsections (b) or (c) of this section, whichever is applicable.(e) Subject to subsection (f) of this section, the parties shall complete the negotiations that are required by this chapter as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the department receives the contractor's notice of claim.(f) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the department receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a date certain. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(g) The contractor may request a contested case hearing before the State Office of Administrative Hearings (SOAH) pursuant to §34.29 of this title (relating to Request for Contested Case Hearing) after the 270th day after the department receives the contractor's notice of claim, or the expiration of any extension agreed to under subsection (f) of this section.(h) The parties may agree to mediate the dispute at any time before the deadline provided in §2260.056(a) of the Texas Government Code and before the expiration of any extension agreed to by the parties pursuant to subsection (f) of this section. The statutory deadline depends on the date of the contract upon which the claim, as well as any counterclaim, is based. The mediation shall be governed by Subchapter C of this chapter.(i) Nothing in this section is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in subsections (b) and (c) of this section, or from continuing or resuming negotiations after the contractor requests a contested case hearing before SOAH.</content><note type="source"><p>Source Note: The provisions of this §34.24 adopted to be effective February 6, 2001, 26 TexReg 1170; amended to be effective September 5, 2007, 32 TexReg 5710.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.25"><num value="34.25">§34.25</num><heading>Conduct of Negotiation</heading><content>(a) Negotiation is a consensual bargaining process in which the parties attempt to resolve a claim and counterclaim. A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties. If the parties choose to mediate, it shall be conducted in accordance with Subchapter C of this chapter.(b) To facilitate the meaningful evaluation and negotiation of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support their respective claims, defenses, counterclaims or positions.</content><note type="source"><p>Source Note: The provisions of this §34.25 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.26"><num value="34.26">§34.26</num><heading>Settlement Approval Procedures</heading><content>The parties' settlement approval procedures shall be disclosed prior to, or at the beginning of, negotiations. To the extent possible, the parties shall select negotiators who are knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.</content><note type="source"><p>Source Note: The provisions of this §34.26 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.27"><num value="34.27">§34.27</num><heading>Settlement Agreement</heading><content>(a) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(b) To be enforceable, a settlement agreement must be in writing and signed by representatives of the contractor and the department who have authority to bind each respective party.(c) A partial settlement does not waive either of the parties' rights under the Texas Government Code, Chapter 2260, as to the parts of the claims or counterclaims that are not resolved.</content><note type="source"><p>Source Note: The provisions of this §34.27 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.28"><num value="34.28">§34.28</num><heading>Costs of Negotiation</heading><content>Unless the parties expressly agree otherwise, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees and expert's fees.</content><note type="source"><p>Source Note: The provisions of this §34.28 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scB/s34.29"><num value="34.29">§34.29</num><heading>Request for Contested Case Hearing</heading><content>(a) If a claim for breach of contract is not resolved in its entirety through negotiation, mediation or other assisted negotiation process in accordance with this chapter on or before the 270th day after the department receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to §34.24(f) of this chapter (relating to Timetable), the contractor may file a request for a contested case hearing before SOAH. The claim shall be filed with the department.(b) A request for a contested case hearing shall state the legal and factual basis for the claim, and shall be delivered to the director of the department or other officer designated in the contract to receive notice within a reasonable time (not to exceed 30 days) after either the 270th day or the expiration of any written extension agreed to pursuant to §34.24(f) of this chapter (relating to Timetable).(c) The department shall forward the contractor's request for contested case hearing to SOAH within a reasonable period of time (not to exceed 30 days) after receipt of the request.(d) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by the department if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.</content><note type="source"><p>Source Note: The provisions of this §34.29 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c34/scC"><num value="C">SUBCHAPTER C</num><heading>MEDIATION OF CONTRACT DISPUTES</heading><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.51"><num value="34.51">§34.51</num><heading>Mediation Timetable</heading><content>The contractor and department may agree to mediate a claim through an impartial third party. For purposes of this subchapter, "mediation" is assigned the meaning set forth in the Civil Practice and Remedies Code, §154.023. The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code, Chapter 2009. The parties may be assisted in the mediation by legal counsel or other individual.</content><note type="source"><p>Source Note: The provisions of this §34.51 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.52"><num value="34.52">§34.52</num><heading>Qualifications and Immunity of the Mediator</heading><content>The mediator shall possess the qualifications required under Civil Practice and Remedies Code, §154.052, be subject to the standards and duties prescribed by Civil Practice and Remedies Code, §154.053 and have the qualified immunity prescribed by Civil Practice and Remedies Code, §154.055, if applicable. The parties should decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator. The parties should obtain from the prospective mediator the ethical standards that will govern the mediation.</content><note type="source"><p>Source Note: The provisions of this §34.52 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.53"><num value="34.53">§34.53</num><heading>Confidentiality of Mediation and Final Settlement Agreement</heading><content>A mediation conducted under this section is confidential in accordance with Texas Government Code, §2009.054. However, a final settlement agreement to which the department is a signatory that is reached as a result of the mediation is governed by the Public Information Act, Texas Government Code, Chapter 552.</content><note type="source"><p>Source Note: The provisions of this §34.53 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.54"><num value="34.54">§34.54</num><heading>Costs of Mediation</heading><content>Unless the parties agree otherwise, each party shall be responsible for its own costs incurred in connection with a mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself shall be divided equally between the parties.</content><note type="source"><p>Source Note: The provisions of this §34.54 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.55"><num value="34.55">§34.55</num><heading>Settlement Approval Procedures</heading><content>The parties' settlement approval procedures shall be disclosed by the parties prior to the mediation. To the extent possible, representatives of the parties shall be knowledgeable about the subject matter of the dispute, who are in a position to reach agreement, and who can credibly recommend approval of an agreement.</content><note type="source"><p>Source Note: The provisions of this §34.55 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.56"><num value="34.56">§34.56</num><heading>Initial Settlement Agreement</heading><content>Any settlement agreement reached during the mediation shall be signed by the representatives of the contractor and the department, and shall describe any procedures that are required to be followed by the parties in connection with final approval of the agreement.</content><note type="source"><p>Source Note: The provisions of this §34.56 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.57"><num value="34.57">§34.57</num><heading>Final Settlement Agreement</heading><content>(a) A final settlement agreement reached during, or as a result of mediation, that resolves an entire claim or any designated and severable portion of a claim or counterclaim shall be in writing and signed by representatives of the contractor and the department who have authority to bind each respective party.(b) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement should identify the issues that are not resolved.</content><note type="source"><p>Source Note: The provisions of this §34.57 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c34/scC/s34.58"><num value="34.58">§34.58</num><heading>Referral to the State Office of Administrative Hearings</heading><content>(a) If mediation does not resolve the claim, the contractor may request that the claim be referred to SOAH by the department in accordance with §34.29 of this title (relating to Request for Contested Case Hearings).(b) SOAH procedural rules shall control a contested case proceeding brought under this chapter. The rules contained in 37 Texas Administrative Code, Chapter 29 (relating to Practice and Procedure), are not applicable.</content><note type="source"><p>Source Note: The provisions of this §34.58 adopted to be effective February 6, 2001, 26 TexReg 1170.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c35"><num value="35">CHAPTER 35</num><heading>PRIVATE SECURITY</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.1"><num value="35.1">§35.1</num><heading>Definitions</heading><content>The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise:(1) Act--Texas Occupations Code, Chapter 1702.(2) Application--Includes an application for an original, renewal, duplicate or updated individual license, security officer commission, or company license issued under the Act.(3) Company representative--An individual on the basis of whose qualifications a company license has been obtained.(4) Department--The Texas Department of Public Safety.(5) Licensee--An individual or company currently licensed under the Act. The term includes those holding a commission as a security officer.(6) Mechanical security device--Any device designed to control the opening or closing of a room, building, safe, vault, lockbox, safety deposit box, or motor vehicle, and which is not an electric access control device or alarm system as defined by the Act.(7) SOAH--The State Office of Administrative Hearings.(8) Television camera or still camera system--Any device or system of devices that produces a visual image or series of images either recorded, transmitted through an intranet or internet protocol based device, or monitored by security personnel, for the purposes of private security or surveillance. The phrase does not refer to a television camera or still camera system used exclusively:(A) To monitor traffic conditions on public roads;(B) To detect motor vehicle violations on public roads;(C) For telephone or video conferencing;(D) To monitor a manufacturing process;(E) For medical purposes by medical practitioners;(F) By a courtroom reporter or videographer to record depositions or testimony; or(G) By a licensed private investigator who installs, operates, and maintains ownership of the system for the purposes of an ongoing investigation.</content><note type="source"><p>Source Note: The provisions of this §35.1 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.2"><num value="35.2">§35.2</num><heading>Employment Requirements</heading><content>(a) Individuals licensed by the department to perform a regulated service may only perform such services for companies licensed under the Act. A person may not contract directly with a client to perform a regulated service unless licensed by the department as a company under the Act.(b) The employment relationship between a licensed company and its individually licensed or commissioned employees must be such that the licensee's commercial liability insurance policy provides the statutorily required coverage for claims arising from the regulated services provided on behalf of the licensee by its employees. The failure to maintain and provide current documentation of such coverage is a violation of the Act.</content><note type="source"><p>Source Note: The provisions of this §35.2 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.3"><num value="35.3">§35.3</num><heading>Individual License Applicant Pre-Employment Check</heading><content>(a) Pursuant to §1702.230 of the Act, the pre-employment background check of the applicant described in subsection (c) of this section must be conducted when:(1) An application meeting the requirements of §35.21 of this title (relating to Individual License Applications) is submitted;(2) The department's website does not indicate the application is complete within 48 hours after the submission of the applicant's fingerprints; and(3) Regulated services are to be performed by the applicant prior to issuance of the license.(b) The ability to perform a noncommissioned regulated service prior to licensure is conditional on either:(1) Department notification that a complete application has been received and:(A) Performance of the pre-employment background check required under subsection (c) of this section;(B) The determination that the applicant is not disqualified based on the background check; and(C) The employer's retention of the search results in the employee's file, as required by subsection (e) of this section; or(2) The absence of notification by the department that a complete application has been received, the passage of 48 hours since submission of the application materials required by §35.21 of this title, and:(A) Performance of the pre-employment background check required under subsection (d) of this section;(B) The determination that the applicant is not disqualified based on the background check; and(C) The employer's retention of the search results in the employee's file, as required by subsection (e) of this section.(c) For purposes of subsection (b)(1) of this section, the pre-employment background check must at a minimum include the review of either the department's publicly accessible criminal history website or a commercial criminal history website, review of the department's sex offender registry website, and confirmation the applicant is not disqualified for the license based on either the applicant's criminal history or the requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure. Nothing in this subsection precludes an employer from using a more stringent method of determining an applicant's eligibility.(d) For purposes of subsection (b)(2) of this section, the pre-employment background check must at a minimum include the review of the department's publicly accessible criminal history and sex offender registry website(s), and confirmation the applicant is not disqualified for the license based on either the applicant's criminal history or the requirement to register as a sex offender under Chapter 62, Code of Criminal Procedure. Nothing in this subsection precludes an employer from using a more stringent method of determining an applicant's eligibility.(e) The employer must maintain written documentation of the pre-employment check for at least two (2) years, regardless of the subsequent employment status of the applicant. The absence of such documentation constitutes a rebuttable presumption that the background check was not conducted.</content><note type="source"><p>Source Note: The provisions of this §35.3 adopted to be effective September 15, 2016, 41 TexReg 7121; amended to be effective December 29, 2019, 44 TexReg 8026.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.4"><num value="35.4">§35.4</num><heading>Guidelines for Disqualifying Criminal Offenses</heading><content>(a) The private security profession is in a position of trust; it provides services to members of the public that involve access to confidential information, to private property, and to the more vulnerable and defenseless persons within our society. By virtue of their licenses, security professionals are provided with greater opportunities to engage in fraud, theft, or related property crimes. In addition, licensure provides those predisposed to commit assaultive or sexual crimes with greater opportunities to engage in such conduct and to escape detection or prosecution.(b) Therefore, the commission determined that offenses detailed in subsection (c) of this section directly relate to the duties and responsibilities of those who are licensed under the Act. Such offenses include crimes under the laws of another state or the United States, if the offense contains elements that are substantially similar to the elements of an offense under the laws of this state. Such offenses also include those "aggravated" or otherwise enhanced versions of the listed offenses.(c) The list of offenses in this subsection is intended to provide guidance only and is not exhaustive of either the offenses that may relate to a particular regulated occupation or of those that are independently disqualifying under Texas Occupations Code, §53.021(a)(2) - (4). With the exception of those offenses listed in paragraphs (6)(A) - (6)(F) of this subsection, the offenses listed in paragraphs (1) - (5) and (7) - (14) of this subsection are general categories that include all specific offenses within the corresponding chapter of the Texas Penal Code. In addition, after due consideration of the circumstances of the criminal act and its relationship to the position of trust involved in the particular licensed occupation, the commission may find that an offense not described below also renders a person unfit to hold a license. In particular, an offense that is committed in one's capacity as a licensee under the Act, or an offense that is facilitated by one's license under the Act, will be considered related to the licensed occupation and may render the person unfit to hold the license.(1) Arson, damage to property--Any offense under the Texas Penal Code, Chapter 28.(2) Assault--Any offense under the Texas Penal Code, Chapter 22.(3) Bribery--Any offense under the Texas Penal Code, Chapter 36.(4) Burglary and criminal trespass--Any offense under the Texas Penal Code, Chapter 30.(5) Criminal homicide--Any offense under the Texas Penal Code, Chapter 19.(6) Disorderly conduct--Any of the offenses detailed in paragraphs (6)(A) - (6)(F), but only if committed by an applicant for, or holder of, a license as a security officer, personal protection officer, or private investigator:(A) 42.01(a)(7) and 42.01(a)(8) only - discharge of firearm in public place, and display of firearm or other deadly weapon in public place calculated to alarm.(B) 42.06, False Alarm or Report.(C) 42.062, Interference with Emergency Request for Assistance.(D) 42.07, Harassment.(E) 42.072, Stalking.(F) 42.12, Discharge of Firearm in Certain Municipalities.(7) Fraud--Any offense under the Texas Penal Code, Chapter 32.(8) Kidnapping--Any offense under the Texas Penal Code, Chapter 20.(9) Obstructing governmental operation--Any offense under the Texas Penal Code, Chapter 38.(10) Perjury--Any offense under the Texas Penal Code, Chapter 37.(11) Robbery--Any offense under the Texas Penal Code, Chapter 29.(12) Sexual offenses--Any offense under the Texas Penal Code, Chapter 21.(13) Theft--Any offense under the Texas Penal Code, Chapter 31.(14) In addition:(A) An attempt to commit a crime listed in this subsection;(B) Aiding and abetting in the commission of a crime listed in this subsection; and(C) Being an accessory (before or after the fact) to a crime listed in this subsection.(d) A felony conviction for an offense listed in subsection (c) of this section is disqualifying for ten (10) years from the date of conviction.(e) A Class A misdemeanor conviction for an offense listed in subsection (c) of this section is disqualifying for five (5) years from the date of conviction.(f) Independently of whether the offense is otherwise described or listed in subsection (c) of this section, a conviction for an offense listed in Texas Code of Criminal Procedure, Article 42.12 §3g, or Article 42A.054, or that is a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or a conviction for burglary of a habitation, is permanently disqualifying subject to the requirements of Texas Occupations Code, Chapter 53.(g) A Class B misdemeanor conviction for an offense listed in subsection (c) of this section is disqualifying for two (2) years from the date of conviction.(h) Any unlisted offense that is substantially similar in elements to an offense listed in subsection (c) of this section is disqualifying in the same manner as the corresponding listed offense.(i) A pending charge under an indictment or information for an offense listed in subsection (c) of this section is grounds for summary suspension.(j) In determining the fitness to perform the duties and discharge the responsibilities of the licensed occupation of a person against whom disqualifying charges have been filed or who has been convicted of a disqualifying offense, the department will consider:(1) The extent and nature of the person's past criminal activity;(2) The age of the person when the crime was committed;(3) The amount of time that has elapsed since the person's last criminal activity;(4) The conduct and work activity of the person before and after the criminal activity;(5) Evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) The date the person will be eligible; and(7) Any other evidence of the person's fitness, including letters of recommendation.(k) In addition to the documentation listed in subsection (j) of this section, the applicant or licensee shall furnish proof in the form required by the department that the person has:(1) Maintained a record of steady employment;(2) Supported the applicant's dependents;(3) Maintained a record of good conduct; and(4) Paid all outstanding court costs, supervision fees, fines and restitution ordered in any criminal case in which the applicant has been charged or convicted.(l) The failure to timely provide the information listed in subsection (j) and subsection (k) of this section may result in the proposed action being taken against the application or license.(m) The provisions of this section are authorized by the Act, §1702.004(b), and are intended to comply with the requirements of Texas Occupations Code, Chapter 53. All periods of disqualification provided in this section are subject to an analysis under subsection (j) of this section, and the requirements of Texas Occupations Code, Chapter 53.</content><note type="source"><p>Source Note: The provisions of this §35.4 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 15, 2016, 41 TexReg 7122; amended to be effective December 29, 2019, 44 TexReg 8026.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.5"><num value="35.5">§35.5</num><heading>Standards of Conduct</heading><content>(a) The State Seal of Texas, a department seal or insignia, or the department's name or the name of a division within the department, may not be displayed as part of a uniform or identification card, as markings on a motor vehicle, or in an advertisement or on a website, other than on such items prepared or issued by the department. The department's name may be used for the limited purpose of indicating the person or company is regulated by the department.(b) All licensees, company representatives, and employees shall cooperate fully with any investigation conducted by the department, including but not limited to the provision of employee records upon request by the department and compliance with any subpoena issued by the department. Commissioned security officers and personal protection officers shall cooperate fully with any request of the Medical Advisory Board made pursuant to Health and Safety Code, §12.095 relating to its determination of the officer's ability to exercise sound judgment with respect to the proper use and storage of a handgun. Violation of this subsection may result in the suspension of the license or commission for the duration of the noncompliance.(c) An individual licensee issued a pocket card shall carry the pocket card on or about their person while on duty and shall present same to a peace officer or to a representative of the department upon request.(d) A company license holder may not require a customer provide any documentation certifying that the customer has received a COVID-19 vaccination, or is in post-transmission recovery, to gain entry to the licensee's premises or to receive regulated services from the license holder.</content><note type="source"><p>Source Note: The provisions of this §35.5 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026; amended to be effective January 10, 2022, 47 TexReg 30; amended to be effective September 11, 2024, 49 TexReg 7052.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.6"><num value="35.6">§35.6</num><heading>Contract and Notification Requirements</heading><content>(a) A company license holder shall inform the client of the right to a written contract describing the fees to be charged and the services to be rendered.(b) If requested, a written contract for regulated services shall be furnished to a client within seven (7) days.(c) The written contract shall be dated and signed by the owner or other individual expressly authorized to execute contracts on behalf of the licensee.(d) Within seven (7) days of contracting for regulated services with another licensee, the licensee shall:(1) Notify the recipient of those services of the name, address, and telephone number, and individual to contact at the company that purchased the contract;(2) Notify the recipient of services at the time the contract is negotiated that another licensed company may provide any, all or part of the services requested by subcontracting or outsourcing those services; and(3) Notify the recipient of services of the name, address, phone number, and license number of the company providing those services, if any of the services are subcontracted or outsourced to a licensed third party.(e) The notice required under subsection (d) of this section shall:(1) Be provided to the recipient in a written form that emphasizes the required information; and(2) If the services are those of an alarm system company, required notice shall include stickers or other materials to be affixed to the alarm system indicating the alarm system company's or alarm systems monitor's new telephone number.(f) Subsection (e) of this section shall not apply to an alarm system company that subcontracts its monitoring services to another alarm system company if the conditions detailed in this subsection are met:(1) The contract for monitoring is with another alarm systems company licensed under the Act;(2) The contract between the original contracting licensee and the client remains in full force and effect, continues to govern all rights of the client with respect to the provision of alarm services, and remains in the control of the original contracting licensee;(3) Neither the contact information provided to the client, nor the address and telephone numbers for alarm service, have changed as a result of the subcontracting arrangement; and(4) The contact information provided to the client relating to the monitoring of the alarm system has not changed.</content><note type="source"><p>Source Note: The provisions of this §35.6 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.7"><num value="35.7">§35.7</num><heading>Firearm Standards</heading><content>(a) Commissioned security officers and personal protection officers may only carry firearms of a category recognized in subsection (b) of this section, and only if:(1) The commissioned security officers and personal protection officers have been formally trained in the use of the specific category of firearm being carried as required under the Act and this chapter; and(2) The commissioned security officers and personal protection officers have submitted documentation of the required training to the department (unless authorized under subsection (h) of this section).(b) The recognized firearm categories are:(1) SA--Any handgun, whether semi-automatic or not;(2) NSA--Handguns that are not semi-automatic; and(3) STG--Shotgun.(c) Commissioned security officers and personal protection officers must exercise care and sound judgment in the use and storage of their firearms.(d) No security officer or personal protection officer may carry an inoperative, unsafe, replica, or simulated firearm in the course and scope of employment or while in uniform.(e) No security officer or personal protection officer may brandish, point, exhibit, or otherwise display a firearm at any time, except as authorized by law.(f) The discharge of a firearm by a commissioned security officer or personal protection officer while on duty or otherwise acting or purporting to act under the authority of a security officer commission or personal protection officer license shall be immediately reported to the officer's employer. The employer must notify the department of the discharge of a firearm in writing within twenty-four (24) hours of the incident. The notification to the department must include:(1) The name of the person discharging the firearm;(2) The name of the employer;(3) The location of the incident;(4) A brief description of the incident;(5) A statement reflecting whether death, personal injury, or property damage resulted; and(6) The name of the investigating or arresting law enforcement agency, if applicable.(g) Firearms may only be carried in a manner consistent with the department approved training curriculum in place at the time of the commissioned security officer's or the personal protection officer's training.(h) Notwithstanding subsection (b) of this section, a licensed Texas peace officer or an honorably retired Texas peace officer may have access to a rifle while performing services as a commissioned security officer or personal protection officer. For purposes of this subsection, a retired Texas peace officer must have documentation of his or her status as honorably retired from his or her employing agency or the Texas Commission on Law Enforcement (TCOLE). For purposes of this section, "honorably retired" means the officer:(1) Did not retire in lieu of a disciplinary action;(2) Was eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and(3) Is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.</content><note type="source"><p>Source Note: The provisions of this §35.7 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8026; amended to be effective March 7, 2024, 49 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.8"><num value="35.8">§35.8</num><heading>Consumer Information and Signage</heading><content>(a) A company license holder shall, either orally or in writing, notify all clients or recipients of services of the license number and the mailing address, telephone number, and email address of the department's Regulatory Services Division for the purpose of directing complaints.(b) If a company license holder chooses to provide the notice required by subsection (a) of this section in written form, the notice shall contain the company's license number, and mailing address, telephone number, and email address of the department, in a type face of the same size as that which appears in the document as a whole but in no case less than ten (10) point font.(c) All company license holders must display conspicuously in the principal place of business and in any branch office a sign containing the name, mailing address, telephone number, and email address of the department's Regulatory Services Division, and a statement informing consumers or recipients of services that complaints against licensees may be directed to the department.(d) The company's license number must be displayed on any vehicle on which the company name is displayed, and must be in letters and numbers at least one (1) inch high and permanently affixed or magnetically attached to each side of the vehicle in a color contrasting with the background color.(e) A company license holder may not act in a manner to cause reasonable confusion or misunderstanding on the part of a consumer or the public regarding the services provided or to be provided, or the charges for those services.</content><note type="source"><p>Source Note: The provisions of this §35.8 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective January 10, 2022, 47 TexReg 30.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.9"><num value="35.9">§35.9</num><heading>Advertisements</heading><content>(a) A licensee's advertisements must include:(1) The company name and address as it appears in the records of the department unless the address is the license holder's residential address; and(2) The company's license number.(b) No licensee shall use the Texas state seal, the name or insignia of the department, or the name or insignia of a division within the department to advertise or publicize a commercial undertaking, or otherwise violate Texas Business & Commerce Code, §17.08 or Texas Government Code, §411.017. The department's name may be used for the limited purpose of indicating the person or company is regulated by the department.(c) The use of the department's name is prohibited when it may give a reasonable person the impression that the department issued the statement or that the individual is acting on behalf of the department.(d) For purposes of this section, an advertisement includes any media created or used for the purpose of promoting the regulated business of the licensee, including business cards.</content><note type="source"><p>Source Note: The provisions of this §35.9 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 11, 2024, 49 TexReg 7052.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.10"><num value="35.10">§35.10</num><heading>Execution of Capias or Arrest Warrant</heading><content>(a) A private investigator or commissioned security officer executing a capias or an arrest warrant on behalf of a bail bond surety may not:(1) enter a residence without the consent of the occupants;(2) fail to clearly identify themselves, both orally and by displaying their pocket card, as a private security officer or private investigator, as applicable, working on behalf of a bail bond surety;(3) wear, carry, or display any apparel, uniform, badge, shield, or other insignia or emblem that gives the impression that the private investigator or commissioned security officer is a peace officer;(4) brandish, point, exhibit, or otherwise display a firearm at any time, except as otherwise authorized by law or this chapter;(5) execute the capias or warrant without written authorization from the surety; or(6) notwithstanding Penal Code, §9.51, use deadly force.(b) A commissioned security officer executing a capias or arrest warrant shall:(1) wear the security officer uniform issued by the employing company; and(2) if armed, carry the handgun openly, in a holster.(c) A private investigator executing a capias or arrest warrant may not:(1) wear a uniform or other apparel with the intention of creating the impression of being a security officer or peace officer; or(2) openly carry a handgun, notwithstanding being licensed under Subchapter H, Chapter 411, Government Code or otherwise authorized under state law to possess a firearm.</content><note type="source"><p>Source Note: The provisions of this §35.10 adopted to be effective January 10, 2022, 47 TexReg 30.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.12"><num value="35.12">§35.12</num><heading>Classification of Electronic Access Control Device Company License</heading><content>Pursuant to the Act, the department has established that the electronic access control device company license will be classified as a Class B, security services contractor license.</content><note type="source"><p>Source Note: The provisions of this §35.12 adopted to be effective May 6, 2014, 39 TexReg 3606.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.13"><num value="35.13">§35.13</num><heading>Drug-Free Workplace Policy</heading><content>(a) In the interest of creating a safe and drug-free work environment for clients and employees, all licensed companies shall establish and implement a drug-free workplace policy consistent with the Texas Workforce Commission's "Drug-Free Workplace Policy.''(b) A copy of the company's drug-free workplace policy shall be signed by each employee and kept in each employee's file.(c) For purposes of subsection (b) of this section, a sole proprietor who performs regulated services on behalf of the company is considered an employee of the company.</content><note type="source"><p>Source Note: The provisions of this §35.13 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 11, 2024, 49 TexReg 7052.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scA/s35.14"><num value="35.14">§35.14</num><heading>Security Officer Uniforms</heading><content>(a) All commissioned and noncommissioned private security officers shall, at a minimum, display on their outermost garment the name of the company by which the security officer is employed, the word "Security," and the last name of the security officer. These items shall each be of a size, style, shape, design, and type that are clearly visible by a reasonable person under normal conditions.(b) Subsection (a) of this section does not apply to a personal protection officer while performing personal protection services in plain clothes.</content><note type="source"><p>Source Note: The provisions of this §35.14 adopted to be effective July 13, 2015, 40 TexReg 4461.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scB"><num value="B">SUBCHAPTER B</num><heading>LICENSING</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.21"><num value="35.21">§35.21</num><heading>Individual License Applications</heading><content>(a) It is the responsibility of the licensed company to ensure an application that meets the requirements of this section is submitted to the department by or on behalf of any employee who is required to be licensed under the Act. An application must include all items required under subsection (b) of this section in order to comply with the requirements of §1702.230(c) of the Act.(b) The items detailed in this subsection must be submitted in the manner prescribed by the department:(1) The required fee;(2) A copy of the applicant's Level II certificate of completion when applicable;(3) Fingerprints in the form and manner approved by the department; and(4) The criminal history check fee as provided in this chapter.(c) As part of the department's criminal history check, additional court documents or related materials may be requested of the applicant. Failure to comply with such a request may result in the rejection of the application as incomplete.</content><note type="source"><p>Source Note: The provisions of this §35.21 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 15, 2016, 41 TexReg 7122; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.22"><num value="35.22">§35.22</num><heading>Renewal Individual License Applications</heading><content>(a) An application for renewal must be submitted in the manner prescribed by the department. The application must include:(1) The required fee;(2) If the fingerprints on file do not meet current Federal Bureau of Investigation or the department's quality standards, applicants will be required to submit a new set of electronic fingerprints to complete the renewal application process; and(3) The criminal history check fee as provided in this chapter.(b) A complete renewal application must be submitted prior to expiration for the current license to remain in effect pending the approval of the renewal application. If the completed application is not received by the department prior to the expiration date, no regulated services may be performed until a complete renewal application is submitted in compliance with this chapter.</content><note type="source"><p>Source Note: The provisions of this §35.22 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 15, 2016, 41 TexReg 7122; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.23"><num value="35.23">§35.23</num><heading>Termination of Incomplete Applications</heading><content>(a) If an application is illegible or incomplete, the department will notify the applicant of the deficiency. The applicant will have ninety (90) days from the date of notice to address the deficiency. Upon request of the applicant, the department may extend the period to address the deficiency for one additional ninety (90) day period. If the applicant is unable to provide the required information the applicant may request a hearing before the department to determine whether the application may proceed without the requested information. If the applicant has neither provided the required information nor requested a hearing prior to the expiration of the time allowed for compliance, the application will be terminated. An application will not be terminated while a hearing requested under this subsection is pending.(b) If an applicant fails to provide all required application materials, or fails to respond to a request by the department for additional information necessary to process the application, the application will be terminated under the process set out in subsection (a) of this section.(c) Following the termination of an application, a new application must be submitted.</content><note type="source"><p>Source Note: The provisions of this §35.23 adopted to be effective May 6, 2014, 39 TexReg 3606.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.24"><num value="35.24">§35.24</num><heading>Photographs</heading><content>If the applicant does not have a digital photograph on file with the department or the department is unable to access the photograph on file, the laminated pocket card will be issued without a photograph. When presenting such a pocket card to a peace officer or to a representative of the department, the licensee shall also present a valid government issued identification card or driver license.</content><note type="source"><p>Source Note: The provisions of this §35.24 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.25"><num value="35.25">§35.25</num><heading>Assumed Names; Corporations</heading><content>(a) All individual applicants doing business under an assumed name shall submit an assumed name certificate from the county clerk of the county in which the applicant either:(1) has or will maintain business or professional premises; or(2) conducts business or renders a professional service, if the person does not or will not maintain business or professional premises in any county.(b) Corporations and other entities permitted and governed by the Texas Business Organizations Code using an assumed name shall submit an assumed name certificate from the Texas Secretary of State.(c) Corporate applicants shall submit a current certificate of existence or a certificate of authority from the Texas Secretary of State.(d) Licensees may not operate under any name not reflected in current department records as the name under which the licensee will be doing business.</content><note type="source"><p>Source Note: The provisions of this §35.25 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective September 15, 2016, 41 TexReg 7122; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.26"><num value="35.26">§35.26</num><heading>Reclassification, Assignment, and Termination</heading><content>(a) When a Class A or B license is reclassified as a Class C license, a fee in the amount of the difference in the cost of the licenses shall be paid. There shall be no refund when a Class C license is reclassified as a Class A or Class B license.(b) The department may approve the assignment of a company license to the spouse or heir(s) of a deceased owner provided:(1) A copy of the owner's death certificate is filed with the department; and(2) A copy of the Will, Order Admitting Will to Probate, Letters of Testament, Affidavit of Heirship with two affiants' signatures, or Order of Heirship is filed with the department.(c) Other assignments will be permitted only under one of the conditions detailed in this subsection:(1) the ownership in the assignor and assignee will remain the same;(2) the owners holding at least 25% ownership in the original license, and collectively holding a majority ownership interest, consent to the assignment; or(3) if there is an insufficient number of owners holding at least 25% ownership in the original license to potentially hold a majority in ownership interest in the license, the license may be assigned by majority vote of the entity's board of directors or equivalent level decision making body of the licensee. The license holder must provide the department written documentation reflecting the vote and the intended date of assignment.(d) The assignor must provide the department written documentation establishing the intended date of assignment and notarized statements establishing the consent of a majority of the owners of the current license. The assignee must ensure any new owners are in compliance with the requirement of the Act. The assignee may not perform regulated services prior to the proposed date of assignment or the date of the department's approval of all required license applications or fingerprint submissions for new owners, whichever is later. The assignor must cease performance of all regulated services on the earlier of either the proposed date of assignment or the date of surrender or termination of any related owner licenses.(e) An additional assignment fee will be assessed as provided by this chapter upon assignment of a license under subsection (b) or (c) of this section.(f) A license may only be terminated by consent of the owners holding at least 25% in the licensed company and collectively holding a majority ownership interest, unless the ownership structure of the company has an insufficient number of such owners to potentially represent a majority, in which case the license may be terminated by majority vote of the entity's board of directors or equivalent level decision making body of the licensee. The license holder must provide the department written documentation reflecting the vote and the intended date of termination.</content><note type="source"><p>Source Note: The provisions of this §35.26 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective March 15, 2018, 43 TexReg 1444; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.27"><num value="35.27">§35.27</num><heading>Insurance</heading><content>(a) To comply with the Act's requirements relating to documentary evidence of insurance coverage, the documents submitted to the department must specifically show:(1) That the insurance is applicable to the conduct for which the licensee is licensed;(2) The exclusions or endorsements specific to the activity for which the licensee is licensed, or that there are no such exclusions or endorsements; and(3) The statutory minimum coverage limits, specifically distinguishing the limits for:(A) Each occurrence of bodily injury and property damage;(B) Each occurrence of personal injury; and(C) The total aggregate amount of coverage for all occurrences.(b) The applicant or licensee must also provide the department with the insurance agent's current contact information and Texas license number.(c) Proof of insurance must be submitted in a form and manner prescribed by the department.(d) Pursuant to the Act, failure to maintain on file with the department evidence of current insurance coverage as required under this chapter will result in immediate suspension of the license. The suspension will become effective upon receipt of the notice.(e) The suspension may be rescinded upon receipt by the department of proof that there was no lapse in coverage. Such proof must be submitted within ten (10) business days following the effective date of the suspension.(f) In the event of a lapse in coverage, or the failure to provide evidence of continuous coverage within ten (10) business days, the license will not be reinstated until a complete application for reinstatement is submitted and approved. The application may be denied on grounds that the licensee has violated the Act or this chapter, including having provided regulated services while suspended pursuant to the Act.</content><note type="source"><p>Source Note: The provisions of this §35.27 adopted to be effective May 6, 2014, 39 TexReg 3606.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.28"><num value="35.28">§35.28</num><heading>Individual Licensee or Commissioned Security Officer Name Change</heading><content>A change of name must be reported to the department within thirty (30) days of the effective date of change. The notice of the change shall be in writing, and shall include a certified copy of the legal document ordering the name change.</content><note type="source"><p>Source Note: The provisions of this §35.28 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.29"><num value="35.29">§35.29</num><heading>Employee Termination</heading><content>When a licensed or commissioned employee of a company license holder is terminated for any conduct in violation of the Act or this chapter, the licensee shall notify the department of such conduct within fourteen (14) days of termination. The notification shall be submitted in the manner prescribed by the department and must include any and all available documentation or evidence concerning the alleged offense.</content><note type="source"><p>Source Note: The provisions of this §35.29 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.30"><num value="35.30">§35.30</num><heading>Company License Application Requirements</heading><content>As provided in §1702.110(a)(6), as part of the company application an applicant for a company license that is an entity other than individual must submit fingerprints of each officer who is to oversee the security-related aspects of the business, or a partner or shareholder who owns at least a 25% interest in the applicant. All such individuals must satisfy the eligibility criteria provided in the Act and in §35.4 of this title (relating to Guidelines for Disqualifying Criminal Offenses). Should an individual fail to meet these requirements, the company application will be denied, or, if the license has been issued, the license will be subject to suspension or revocation, as applicable.</content><note type="source"><p>Source Note: The provisions of this §35.30 adopted to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scB/s35.31"><num value="35.31">§35.31</num><heading>License Expiration</heading><content>(a) All company licenses are valid for one (1) year from the date of issuance and expire on the first anniversary of the date of issuance.(b) All individual licenses are valid for two (2) years from the date of issuance and expire on the second anniversary of the date of issuance.</content><note type="source"><p>Source Note: The provisions of this §35.31 adopted to be effective December 29, 2019, 44 TexReg 8028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scC"><num value="C">SUBCHAPTER C</num><heading>COMPANY REPRESENTATIVE</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scC/s35.41"><num value="35.41">§35.41</num><heading>Company Representative</heading><content>(a) The company representative is the individual to whom the department may direct all correspondence and on whom the department may rely to ensure the company's compliance with all requirements of this chapter and the Act. This individual must meet the applicable experience requirements for company licensure provided in the Act and this chapter, and must successfully complete the examination as provided in §1702.117 of the Act and §35.42 of this title (relating to Examination).(b) An applicant for a company license who is an individual will be the company representative for all purposes relating to the administration of the Act.(c) An applicant for a company license that is an entity other than an individual must designate an individual to be the company representative. The individual must be an officer who is to oversee the security-related aspects of the business, or a partner or shareholder who owns at least a 25% interest in the applicant. Formal documentation reflecting the individual's status with the applicant must be submitted to the department in conjunction with the company license application. An applicant may appoint multiple company representatives if necessary to satisfy the experience requirements for multiple licenses, so long as each individual meets the requirements of §1702.110(a)(6) of the Act and of this section.</content><note type="source"><p>Source Note: The provisions of this §35.41 adopted to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scC/s35.42"><num value="35.42">§35.42</num><heading>Examination</heading><content>(a) All company representatives as defined in §35.1 of this title (relating to Definitions) and as described in §35.41 of this title (relating to Company Representative) must pass the written examination administered by the department. The minimum passing score is 70%.(b) Good order and discipline will be maintained during the examination. Conduct which is disruptive is grounds for immediate removal.(c) An oral examination may be given upon receipt of proof of dyslexia as defined by Texas Education Code, §51.970. Proof must be submitted in writing in a manner prescribed by the department.(d) Any examination other than the single examination authorized by payment of the original license fee shall be considered a reexamination for which the reexamination fee shall be required.</content><note type="source"><p>Source Note: The provisions of this §35.42 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scC/s35.43"><num value="35.43">§35.43</num><heading>Temporary Continuation of Business</heading><content>(a) Pursuant to §1702.122 of the Act, if a company representative ceases to be connected with a company license holder, the business may be temporarily operated by an owner, officer, partner, or shareholder for a period not to exceed ninety (90) days following the date the company representative ceases to be connected with the company license holder.(b) Continued operation of the company in a regulated capacity beyond the ninety (90) day period provided in subsection (a) of this section, without a qualified company representative, is a violation of the Act.(c) An individual whose registration as a qualified manager expires on September 1, 2019, under the provisions of the 86th Legislature, Senate Bill 616, may continue to function as the company representative until the later of either September 1, 2020, or until the company license expires. Upon renewal of the company license, the company representative must meet the requirements of §35.41(c) of this title (relating to Company Representative).(d) An individual may not continue to function as the company representative, and is deemed to no longer be connected with the company for purposes of this section, should the individual fail to meet the eligibility criteria provided in the Act and this chapter.</content><note type="source"><p>Source Note: The provisions of this §35.43 adopted to be effective May 6, 2014, 39 TexReg 3606; amended to be effective December 29, 2019, 44 TexReg 8028.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scD"><num value="D">SUBCHAPTER D</num><heading>DISCIPLINARY ACTIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scD/s35.51"><num value="35.51">§35.51</num><heading>Complaints</heading><content>Complaints relating to alleged violations of the Act or this chapter should be submitted in writing to department headquarters through the Private Security Program's website or mail to the department's Regulatory Services Division. The complaint should provide:(1) Name and contact information of complainant;(2) Name and type of business of licensee;(3) Specific dates and times of described events; and(4) Detailed description of the violation.</content><note type="source"><p>Source Note: The provisions of this §35.51 adopted to be effective May 6, 2014, 39 TexReg 3607.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scD/s35.52"><num value="35.52">§35.52</num><heading>Administrative Penalties</heading><content>(a) The administrative penalties in this section are guidelines to be used in enforcement proceedings under the Act. The fines are to be construed as maximum penalties only, and are subject to application of the factors provided in Texas Government Code, §411.524. Attached Graphic(b) The failure to pay an administrative penalty that has become final, whether by the passage of the deadline to appeal or by final court disposition, whichever is later, will result in suspension of the license with no further notice or right to appeal. The suspension will take effect upon the passage of the deadline to appeal and will remain in effect until the penalty is paid in full. (c) A license holder whose license is revoked for an administrative violation may reapply as a new applicant after the second anniversary of the date of the revocation. An application submitted prior to the second anniversary of the date of the revocation will be denied. (d) A violation of this Chapter or the Act by a company representative as defined in §35.1 of this title (relating to Definitions) acting on behalf of a licensed company will be construed as a violation by the company. (e) The violation of operating with an expired license applies to operation within the one year grace period to renew. The violation of operating without a license will apply to those operating after the one year grace period.</content><note type="source"><p>Source Note: The provisions of this §35.52 adopted to be effective May 6, 2014, 39 TexReg 3607; amended to be effective September 15, 2016, 41 TexReg 7122; amended to be effective December 29, 2019, 44 TexReg 8029; amended to be effective January 10, 2022, 47 TexReg 31.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scE"><num value="E">SUBCHAPTER E</num><heading>ADMINISTRATIVE HEARINGS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scE/s35.61"><num value="35.61">§35.61</num><heading>Service of Notice</heading><content>(a) Licensees shall maintain on file with the department their current mailing and principal place of business address. Notification shall be submitted in writing and received by the department within fourteen (14) days of the date of the change of address.(b) The department is entitled to rely on the address currently on file for all purposes relating to notification. The failure to maintain a current address with the department is not a defense to any action based on the licensee's failure to respond.(c) Service by mail is complete upon deposit of the document enclosed in a postage paid, properly addressed envelope in a U.S. Post Office or official depository under the care and control of the U.S. Postal Service.</content><note type="source"><p>Source Note: The provisions of this §35.61 adopted to be effective May 6, 2014, 39 TexReg 3607.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scE/s35.62"><num value="35.62">§35.62</num><heading>Preliminary Hearing; Settlement Conference</heading><content>(a) A person who receives notice of the department's intention to deny an application for a license, to reprimand, suspend or revoke a license, or to impose an administrative penalty under §35.52 of this title (relating to Administrative Penalties), may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Private Security Program website within thirty (30) calendar days after receipt of notice of the department's proposed action. If a written request to appeal is not submitted within thirty (30) calendar days of the date notice was received, the right to appeal is waived, and the action becomes final.(b) If the action is based on the person's criminal history, a preliminary, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action, or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.(c) If the proposed action is based on an administrative violation, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone, by agreement of the parties. Following the settlement conference, the parties will execute an agreed order, or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.(d) The department's findings following an preliminary hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Private Security Program website, within thirty (30) calendar days after receipt of the findings or determination. If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.</content><note type="source"><p>Source Note: The provisions of this §35.62 adopted to be effective December 29, 2019, 44 TexReg 8030; amended to be effective January 10, 2022, 47 TexReg 31.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scF"><num value="F">SUBCHAPTER F</num><heading>COMMISSIONED SECURITY OFFICERS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scF/s35.81"><num value="35.81">§35.81</num><heading>Application for a Security Officer Commission</heading><content>(a) A complete security officer commission application must be submitted on the most current version of the form provided by the department. The application must include:(1) The required application fee;(2) Fingerprints in form and manner approved by the department;(3) The required criminal history check fee;(4) A copy of the applicant's Level II certificate of completion;(5) A copy of the applicant's Level III certificate of completion;(6) Non Texas residents must provide a copy of an identification card issued by the state of the applicant's residence, or other government issued identification card;(7) Non United States citizens must submit a copy of their current alien registration card. Non-resident aliens must also submit documents establishing the right to possess firearms under federal law; and(8) Proof of completion of the Minnesota Multiphasic Personality Inventory on the department-prescribed form. The form must be signed by the administering psychologist or psychiatrist and must reflect the psychologist's or psychiatrist's interpretation of the results and the determination that the applicant is not disqualified from the license by reason of a mental health condition.(b) Incomplete applications will not be processed and will be returned for clarification or missing information.</content><note type="source"><p>Source Note: The provisions of this §35.81 adopted to be effective May 6, 2014, 39 TexReg 3607; amended to be effective September 15, 2016, 41 TexReg 7123; amended to be effective November 16, 2023, 48 TexReg 6608.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scF/s35.82"><num value="35.82">§35.82</num><heading>Commissioned Security Officer Standards</heading><content>(a) Commissioned security officers shall carry their pocket cards while on duty and when traveling to and from the place of assignment, and shall present the cards upon request by a peace officer or to a representative of the department.(b) A commissioned security officer shall not:(1) Perform the duties of a commissioned security officer for any person(s) other than the licensed employer reflected in department records;(2) Possess or use any security officer commission pocket card that has been altered; or(3) Deface or allow improper use of his security officer commission pocket card.(c) Commissioned private security officers shall comply with §35.14 of this title (relating to Security Officer Uniforms).(d) Subsection (c) of this section does not apply to a personal protection officer while performing personal protection services in plain clothes.</content><note type="source"><p>Source Note: The provisions of this §35.82 adopted to be effective May 6, 2014, 39 TexReg 3607; amended to be effective July 13, 2015, 40 TexReg 4462.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scF/s35.83"><num value="35.83">§35.83</num><heading>Renewal of Security Officer Commission</heading><content>(a) An application for renewal of a security officer commission may not be submitted more than ninety (90) days prior to expiration. A completed renewal application must be submitted on the most current version of the form provided by the department. The application must include:(1) The required renewal application fee;(2) Non Texas residents must provide a copy of an identification card issued by the state of the applicant's residence, or other government issued identification card;(3) Non United States citizens must submit a copy of their current alien registration card. Non resident aliens must also submit a copy of a current work authorization card and documents establishing the right to possess firearms under federal law;(4) A valid firearms proficiency certificate issued no more than ninety (90) days prior to date of the renewal application;(5) Unless usable prints are on file with the department, fingerprints in a manner approved by the department; and(6) The required criminal history check fee.(b) Incomplete applications will not be processed and will be returned for clarification or missing information.</content><note type="source"><p>Source Note: The provisions of this §35.83 adopted to be effective May 6, 2014, 39 TexReg 3607.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scG"><num value="G">SUBCHAPTER G</num><heading>PERSONAL PROTECTION OFFICERS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scG/s35.91"><num value="35.91">§35.91</num><heading>Requirements for Personal Protection License</heading><content>(a) An applicant for a personal protection license shall:(1) Submit a written application for a personal protection license on a form prescribed by the department;(2) Be at least twenty-one (21) years of age;(3) Either possess a valid security officer commission issued prior to applying for a personal protection license, or submit an application for security officer commission in conjunction with the application for a personal protection license;(4) Submit proof that the applicant has successfully completed the personal protection officer course taught by an approved personal protection officer instructor; and(5) Submit proof of completion of the Minnesota Multiphasic Personality Inventory on the department-prescribed form. The form must be signed by the administering psychologist or psychiatrist and must reflect the psychologist's or psychiatrist's interpretation of the results and the determination that the applicant is not disqualified from the license by reason of a mental health condition.(b) A personal protection officer may transfer their license to another employer if the personal protection officer:(1) Has transferred their security officer commission to the new employer; and(2) Submits the appropriate form and transfer fee to the department within fourteen (14) days of the transfer of employment to the new employer.</content><note type="source"><p>Source Note: The provisions of this §35.91 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8031; amended to be effective November 16, 2023, 48 TexReg 6608.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scG/s35.92"><num value="35.92">§35.92</num><heading>Employer Requirements</heading><content>Personal protection officer employers shall:(1) Issue the personal protection officer pocket card issued by the department to the personal protection officer;(2) Maintain on file for inspection all contracts for personal protection officer services; and(3) Maintain on file for inspection all current records on all persons issued a personal protection license including the personal protection officer's name, current residential address, and telephone number.</content><note type="source"><p>Source Note: The provisions of this §35.92 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8031.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scG/s35.93"><num value="35.93">§35.93</num><heading>Personal Protection Officer Standards</heading><content>(a) Personal protection officers must comply with all standards and requirements applicable to commissioned security officers, as provided in this chapter and the Act.(b) In addition, a personal protection officer shall not:(1) Perform personal protection officer duties for any person(s) other than the employer indicated in the department records;(2) Fail to timely surrender the personal protection officer pocket card upon written notice served by the department or their employer;(3) While in the course and scope of employment as a personal protection officer, provide or engage in any other service regulated by the Act or this chapter other than providing personal protection from bodily harm to one (1) or more individuals;(4) Fail to conceal a firearm if providing the services as a commissioned personal protection officer in plain clothes;(5) Fail to carry on his or her person, the pocket card issued while performing the officer's duties as a personal protection officer; or(6) Fail to present the pocket card for security officer commission and personal protection license upon request made by a peace officer or representative of the department.</content><note type="source"><p>Source Note: The provisions of this §35.93 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8031.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scH"><num value="H">SUBCHAPTER H</num><heading>SECURITY DEPARTMENT OF PRIVATE BUSINESSES AND POLITICAL SUBDIVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scH/s35.101"><num value="35.101">§35.101</num><heading>Security Department of Private Business</heading><content>(a) To employ a commissioned security officer, a personal protection officer, or a noncommissioned security officer, a security department of a private business, as defined in the Act, must notify and register with the department as provided in §1702.181 of the Act.(b) A security department of a private business may not provide guard company services to a third party unless licensed as a guard company.</content><note type="source"><p>Source Note: The provisions of this §35.101 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective March 15, 2018, 43 TexReg 1445; amended to be effective December 29, 2019, 44 TexReg 8031.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scH/s35.102"><num value="35.102">§35.102</num><heading>Security Department of Political Subdivision</heading><content>To employ a commissioned private security officer or personal protection officer, a security department of a political subdivision must notify and register with the department as provided in §1702.181 of the Act.</content><note type="source"><p>Source Note: The provisions of this §35.102 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective March 15, 2018, 43 TexReg 1445; amended to be effective December 29, 2019, 44 TexReg 8031.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scI"><num value="I">SUBCHAPTER I</num><heading>COMPANY RECORDS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scI/s35.111"><num value="35.111">§35.111</num><heading>Employee Records</heading><content>Licensees and security departments of private businesses or political subdivisions registered with the department shall keep records of all employees licensed or commissioned under the Act. Any record required to be maintained under this chapter may be maintained in electronic form, so long as it is readily retrievable and presented to department personnel upon request. The employee records detailed in this section shall be maintained for a period of two (2) years from the last date of employment:(1) Full name, date of employment, position, and most recent residential address of the employee;(2) Social security number;(3) Last date of employment;(4) Date and place of birth;(5) One photograph;(6) The results of any drug tests;(7) Documentation of a pre-employment check if required under §35.3 of this title (relating to Individual License Applicant Pre-employment Check);(8) All continuing education certificates or other proof of continuing education credits earned by the employee while employed by the private business or political subdivision, excluding commissioned security officer or personal protection officer training or proficiency certificates; and(9) The current duty assignments and duty stations of any security officers.</content><note type="source"><p>Source Note: The provisions of this §35.111 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8031; amended to be effective January 10, 2022, 47 TexReg 32.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scI/s35.112"><num value="35.112">§35.112</num><heading>Business Records</heading><content>Licensees and security departments of private businesses or political subdivisions registered with the department shall maintain copies of the applicable records detailed in this section, or otherwise required under this chapter, for two (2) years from the later of the date the related service was provided or the date the contract was completed:(1) All contracts for regulated service and related documentation reflecting the actual provision of the regulated service; and(2) Copies of any timesheets, invoices, or scheduling records reflecting the employment dates of any licensed or commissioned employees.</content><note type="source"><p>Source Note: The provisions of this §35.112 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective September 15, 2016, 41 TexReg 7123; amended to be effective December 29, 2019, 44 TexReg 8031; amended to be effective January 10, 2022, 47 TexReg 32.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scJ"><num value="J">SUBCHAPTER J</num><heading>SPECIAL COMPANY LICENSE QUALIFICATIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scJ/s35.121"><num value="35.121">§35.121</num><heading>Investigations Company License</heading><content>(a) Pursuant to the Act, the department has determined an applicant for licensure as a private investigations company or the prospective company representative of the applicant company, must meet one of the qualifications detailed in this section:(1) Three (3) consecutive years of investigation related experience;(2) A bachelor's degree in criminal justice or related course of study;(3) A bachelor's degree with twelve (12) months of investigation related experience;(4) An associate degree in criminal justice or related course of study, with twenty-four (24) months of investigation related experience;(5) A specialized course of study directly designed for and related to the private investigation profession, taught and presented through affiliation with a four (4) year college or university accredited and recognized by the State of Texas. This course of study must be endorsed by the four (4) year college or university's department of criminal justice program and include a departmental faculty member(s) on its instructional faculty. This course of study must consist of a minimum of two hundred (200) instructional hours including coverage of ethics, the Act, and this chapter; or(6) Other combinations of education and investigation related experience may be substituted for the above at the discretion of the department or its designated representative.(b) The degrees referenced in subsection (a) of this section must be affiliated with a college or university recognized by the Texas Higher Education Coordinating Board, Southern Association of Colleges and Schools, or other accreditation organization recognized by the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §35.121 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scJ/s35.122"><num value="35.122">§35.122</num><heading>Guard Company License</heading><content>Pursuant to the Act, the department has determined an applicant for licensure as a guard company or the prospective company representative of the applicant company must meet the qualifications detailed in this section:(1) Must be at least twenty one (21) years of age at the time of application;(2) Must have at least three (3) years accumulated employment experience in the field in which the company is licensed; and(3) Must have at least one (1) year of experience in a managerial or supervisory position.</content><note type="source"><p>Source Note: The provisions of this §35.122 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scJ/s35.123"><num value="35.123">§35.123</num><heading>Locksmith Company License</heading><content>Pursuant to the Act, the department has determined that an applicant for licensure as a locksmith company, or the prospective company representative of the applicant company, must meet one of the qualifications detailed in this section:(1) Qualification option one. Two (2) consecutive years of full-time locksmith-related experience; or(2) Qualification option two.(A) Successful completion of a department approved forty-eight (48) hour basic locksmith course and a six hundred (600) hour fundamentals of locksmith course, with the curriculum content detailed in this subparagraph:(i) Introduction to locksmithing.(ii) The Act and this chapter.(iii) State of Texas and United States Government business requirements.(iv) Key blank identification.(v) Key machine and key duplication.(vi) Codes and code cutting.(vii) Basic lock types.(viii) Basic picking.(ix) Rim and mortise cylinders.(x) Key in knob/key in lever locks.(xi) Deadbolts and mortise locks.(xii) Installations.(xiii) Impressioning.(xiv) Basic master-keying.(xv) Basic safe servicing.(xvi) Small format interchangeable core.(xvii) High security and key control cylinders.(xviii) Automotive opening.(xix) Automotive key generation and programming.(xx) Exit/panic device servicing, replacement, and installation.(xxi) Door closer servicing, replacement, and installation.(xxii) Cabinet and drawer lock servicing, replacement, and installation.(xxiii) Safe installation, moving, and anchoring.(xxiv) Single door access control service and installation.(B) Successful completion of a basic locksmith proficiency exam that covers a minimum of twelve (12) locksmith subjects and is approved by the department; and(C) One (1) year of full-time locksmith related experience.</content><note type="source"><p>Source Note: The provisions of this §35.123 adopted to be effective May 6, 2014, 39 TexReg 3608; amended to be effective December 29, 2019, 44 TexReg 8032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scJ/s35.124"><num value="35.124">§35.124</num><heading>Alarm Company and Alarm Training School Licenses</heading><content>Pursuant to the Act, the department has determined an applicant for licensure as an alarm company, alarm training school, or the prospective company representative of the applicant company must have two (2) consecutive years of alarm related experience, including installation, monitoring, sales, or related supervision.</content><note type="source"><p>Source Note: The provisions of this §35.124 adopted to be effective November 16, 2023, 48 TexReg 6609.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scK"><num value="K">SUBCHAPTER K</num><heading>FEES</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scK/s35.131"><num value="35.131">§35.131</num><heading>Licensing and Examination Fees</heading><content>(a) Pursuant to the Act, the figure in this subsection details the fee schedule: Attached Graphic(b) An additional fee of $5.00 will be charged for any new application or renewal requiring the issuance of a new pocket card. (c) Fees collected are non-refundable and non-transferable. (d) Payment of fees shall be made in a manner approved by the department. (e) If payment is dishonored or reversed prior to issuance, the application will be abandoned as incomplete. If the commission or license is issued prior to being dishonored or reversed, revocation proceedings will be initiated pursuant to the Act, §1702.361. The department may dismiss a pending revocation proceeding upon receipt of payment of the full amount due, including any additional processing fees. (f) Original fees shall not be prorated. The full fee shall accompany all original applications.</content><note type="source"><p>Source Note: The provisions of this §35.131 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective December 29, 2019, 44 TexReg 8032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scK/s35.132"><num value="35.132">§35.132</num><heading>Subscription Fees</heading><content>The subscription fees detailed in this section are authorized under Texas Government Code, §2054.252.(1) Each individual licensee shall pay the following subscription fee for occupational license renewal: $2 for a $30 to $50 renewal and $3 for a $100 renewal. This fee is in addition to the renewal fee.(2) Each company licensee shall pay the following subscription fee for occupational license renewal: $7 for a $225 renewal; $11 for a $300 to $350 renewal; $12 for a $400 renewal; and $16 for a $540 renewal. This fee is in addition to the renewal fee.(3) Each individual applicant for a license shall pay the following subscription fee upon application: $2 for a $30 to $50 application; and $3 for a $100 application. This fee is in addition to the application fee.(4) Each company license applicant shall pay the following subscription fee upon application: $11 for a $300 to $350 application; $12 for a $400 application; and $16 for a $540 application. This fee is in addition to the application fee.(5) Each individual licensee shall pay a $2 subscription fee for an employee information update. This fee is in addition to the employee information update fee.</content><note type="source"><p>Source Note: The provisions of this §35.132 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective March 15, 2017, 42 TexReg 1151; amended to be effective December 29, 2019, 44 TexReg 8032.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scL"><num value="L">SUBCHAPTER L</num><heading>TRAINING</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.141"><num value="35.141">§35.141</num><heading>Training Requirements</heading><content>(a) Security and Personal Protection Officer Training.(1) The Level II training course shall be completed by all applicants for a security officer commission or for a license as a noncommissioned security officer. The course material shall be prepared or approved by the department. A certificate indicating completion of Level II training shall be submitted to the department with the required application. Level II training may be taught by the licensee's designee, or a department approved school and department approved instructor using the most current version of the respective department Level II training course manuals.(2) The Level III training course shall be completed by all applicants for a security officer commission and a personal protection officer license. The course material shall be prepared by and obtained from the department. A certificate indicating completion of Level III training shall be submitted to the department along with the application to license the individual. Level III training must be taught by a department approved school and a department approved instructor.(3) The Level IV training course shall be completed by all applicants for a personal protection officer license. The course material shall consist of a minimum of fifteen (15) classroom hours and shall be offered by department approved personal protection officer training schools and taught by department approved personal protection training instructors. All training shall be conducted with a department approved instructor present during all instruction. All students of a personal protection officer training course shall be tested with an examination prepared by and obtained from the department.(b) Peace Officer Exemption.(1) Applicants for either a security officer commission or a personal protection officer license who are full-time peace officers, certified by the Texas Commission on Law Enforcement (TCOLE), may be exempted from the Level III training requirements upon submission to the department of a sworn affidavit attesting to the applicant's review of and familiarity with the Act and the related administrative rules.(2) Applicants for either a security officer commission or a personal protection officer license who have honorably retired as Texas peace officers within the preceding two (2) years may be exempted from the Level II and III training requirements upon submission to the department of proof of their honorably retired status (in the form of documentation from the employing agency or TCOLE), and of a sworn affidavit attesting to the applicant's review of and familiarity with the Act and this chapter. For purposes of the above exemption, "honorably retired" means that the applicant:(A) Did not retire in lieu of a disciplinary action;(B) Was eligible to retire from the law enforcement agency or was ineligible to retire only as a result of an injury received in the course of the applicant's employment with the agency; and(C) Is entitled to receive a pension or annuity for service as a law enforcement officer or is not entitled to receive a pension or annuity only because the law enforcement agency that employed the applicant does not offer a pension or annuity to its employees.(c) Alarm Systems Training.(1) The Level I alarm systems training course shall be successfully completed, and the certification submitted to the department, by any licensee employed as an alarm systems installer in order to renew an original license.(2) Alarm systems Level I training must be taught by a department approved alarm systems training school and a department approved alarm instructor.(d) An inactive or expired licensee who has not been employed in the investigation or security services industry in the past three (3) years or more must submit current training certificate(s) to the department.</content><note type="source"><p>Source Note: The provisions of this §35.141 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective December 29, 2019, 44 TexReg 8033.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.142"><num value="35.142">§35.142</num><heading>Training School Approval</heading><content>(a) An application for training school approval shall be submitted in the manner prescribed by the department.(b) To be approved, the school must:(1) Use the department's most current training manual;(2) Obtain approval of all instructors as provided under §35.143 of this title (relating to Training Instructor Approval);(3) Ensure that all owners, officers, partners, or shareholders are in compliance with the fingerprint submission requirement and individual license requirements of the Act, §1702.110 and §1702.221, respectively.(c) The letter of approval shall be valid for one (1) year and may be renewed by submitting an application for renewal thirty (30) days prior to the expiration date.(d) If registered as provided in §1702.181 of the Act, a security department of a private business or a security department of a political subdivision may seek approval as a training school by meeting requirements of this chapter where applicable. A training school approved under this section may only train employees of the entity.(e) The department may deny an application for approval for any reason relating to the failure to satisfy the requirements of this section, or for prior violations of the Act or this chapter on the part of the owners or instructors associated with the applicant.(f) The department may withdraw or suspend approval of a training school upon evidence the school has operated in violation of the Act or this chapter, or upon notification that an owner, officer, partner or shareholder has been charged with or convicted of a disqualifying offense as provided in §35.4 of this title (relating to Guidelines For Disqualifying Criminal Offenses). Certificates of completion or proficiency submitted for courses taught subsequent to notification of withdrawal or suspension of the school's approval will be rejected.</content><note type="source"><p>Source Note: The provisions of this §35.142 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective December 29, 2019, 44 TexReg 8033.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.143"><num value="35.143">§35.143</num><heading>Training Instructor Approval</heading><content>(a) An application for approval as a training instructor shall contain evidence of qualification as required by the department. Instructors may be approved for classroom, self-defense, or firearm training, or any combination of the three. To qualify for classroom, self-defense, or firearm instructor approval, the applicant must submit acceptable documentation of training for each category.(b) The items detailed in this subsection may constitute proof of qualification as a classroom instructor for security officers:(1) An instructor's certificate issued by Texas Commission on Law Enforcement (TCOLE);(2) An instructor's certificate issued by federal, state, or political subdivision law enforcement agency approved by the department;(3) An instructor's certificate issued by the Texas Education Agency (TEA);(4) An instructor's certificate relating to law enforcement, private security, or industrial security issued by a junior college, college, or university; or(5) A license to carry handgun instructor certificate issued by the department.(c) Proof of qualification to instruct the in-person self-defense component of the security officer training course shall include documentation that the individual has instructed nonlethal self-defense for two (2) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.(d) The items listed in this subsection may constitute proof of qualification as a firearm training instructor, if the reflected training is completed within two (2) years of the date of the application:(1) A handgun instructor's certificate issued by the National Rifle Association;(2) A firearm instructor's certificate issued by TCOLE;(3) A firearm instructor's certificate issued by a federal, state, or political subdivision law enforcement agency approved by the department; or(4) Documentation establishing that the applicant regularly instructs others in the use of handguns and has graduated from a handgun instructor school that uses a nationally accepted course designed to train persons as handgun instructors.(e) Proof of qualification as an alarm systems training instructor shall include proof of completion of an approved training course on alarm installation.(f) Proof of qualification as a personal protection officer instructor shall include, but not be limited to:(1) A firearm instructor's certificate issued by TCOLE along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific date of classes taught.(2) An instructor's certificate issued by federal, state, or political subdivision law enforcement academy along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.(3) An instructor's certificate issued by TEA along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.(4) An instructor's certificate relating to law enforcement, private security or industrial security issued by a junior college, college or university along with proof that the individual has instructed nonlethal self-defense or nonlethal defense of a third party for three (3) or more years. Evidence of instruction experience must include a one page detailed description of the training provided and the schedule or specific dates of classes taught.(5) Evidence of successful completion of a department approved training course for personal protection officer instructors.(g) Notice shall be given in writing to the department within fourteen (14) days after a change in address of the approved instructor.(h) In addition to summary actions under the Act, based on criminal history disqualifiers, the department may revoke or suspend an instructor's approval or deny the application or renewal thereof upon evidence that:(1) The instructor or applicant has violated any provisions of the Act or this chapter;(2) The qualifying instructor's certificate has been revoked or suspended by the issuing agency;(3) A materially false statement was made in the application; or(4) The instructor does not meet the qualifications set forth in the provisions of the Act and this chapter.</content><note type="source"><p>Source Note: The provisions of this §35.143 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective December 29, 2019, 44 TexReg 8033; amended to be effective January 10, 2022, 47 TexReg 32; amended to be effective March 7, 2024, 49 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.144"><num value="35.144">§35.144</num><heading>Training Manuals and Examinations for Commissioned Security Officer and Personal Protection Officer</heading><content>(a) The most current version of department's training manuals shall be used by all department approved Level III and Level IV training schools.(b) All students of a Level III or Level IV training school shall be tested with the most current version examination prepared by and obtained from the department.(c) The passing grade of all examinations shall be a minimum of 75% correct answers.</content><note type="source"><p>Source Note: The provisions of this §35.144 adopted to be effective May 6, 2014, 39 TexReg 3609.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.145"><num value="35.145">§35.145</num><heading>Handgun Course</heading><content>(a) In addition to the firearm qualification requirements as set forth in the Act, a department approved firearm training instructor may qualify a student by using:(1) The Texas Department of Public Safety Primary Issued Handgun Qualification Course; or(2) The Texas Department of Public Safety Approved License to Carry Handgun License Course.(b) All individuals qualifying with a firearm to satisfy the requirements of the Act shall qualify with an actual demonstration by the individual of the ability to safely and proficiently use the category of firearm for which the individual seeks qualification.(c) The categories of handguns are:(1) SA--Semi-automatic; and(2) NSA--Non semi-automatic.(d) The SA qualification authorizes the carrying of either semi-automatic or non semi-automatic handguns.(e) For purposes of this chapter and compliance with §1702.1685 of the Act, a firearms instructor who holds a firearms instructor proficiency certificate issued by the Texas Commission on Law Enforcement is a department approved instructor for the limited purpose of the firearm qualification of retired law enforcement officers licensed under the Act as commissioned security officers or personal protection officers. A certificate issued under this subsection need not comply with §35.147(b)(3)(A), (B) (with respect to the approval number only), or (C), of this chapter.</content><note type="source"><p>Source Note: The provisions of this §35.145 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective December 29, 2019, 44 TexReg 8033; amended to be effective January 10, 2022, 47 TexReg 32.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.146"><num value="35.146">§35.146</num><heading>Shotgun Course of Fire</heading><content>(a) Any commissioned security officer licensed by the department who, in the performance of his/her duties, has a shotgun available to assist in the protection of life or property must demonstrate proficiency to a department approved firearms training instructor by successfully completing the course of fire for shotgun training. The course of fire shall consist of nine rounds of nine (9) pellet "00" buckshot (no slugs) fired as detailed in this section:(1) From a standing position at a distance of fifteen (15) yards, three (3) rounds of "00" buckshot in twelve (12) seconds;(2) From a standing position at a distance of ten (10) yards, three (3) rounds of "00" buckshot in ten (10) seconds;(3) From a standing position at a distance of five (5) yards, three (3) rounds of "00" buckshot in ten (10) seconds; or(4) An alternate course of fire may be approved by the director upon receipt of written application.(b) A biennial familiarization of six (6) rounds of "00" buckshot shall be required for renewal of a commissioned security officer. The course of fire shall be as outlined in subsection (a) of this section reducing the number of rounds from three (3) to two (2) with a commensurate halving of time in each category.(c) The category for any shotgun is STG.</content><note type="source"><p>Source Note: The provisions of this §35.146 adopted to be effective May 6, 2014, 39 TexReg 3609.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scL/s35.147"><num value="35.147">§35.147</num><heading>Certificates of Completion, Training Records, and Notifications</heading><content>(a) A department approved training school shall: (1) Issue an original certificate of completion to each qualifying student within seven (7) days after the student qualifies; (2) Maintain adequate records to show attendance, progress and grades of students and maintain on file a copy of each certificate issued to students at the department approved training school; (3) Make all required records available to investigators employed by the department for inspection during reasonable business hours; and (4) Retain all training records for twenty-four (24) months from the date of completion of training. (5) Notify each applicant or enrollee of the potential ineligibility of an individual who has been convicted of an offense, the current guidelines provided in §35.4 of this title (relating to Guidelines for Disqualifying Criminal Offenses), and the right to request a criminal history evaluation letter under Occupations Code, §53.102. As provided in Occupations Code, §53.153, failure to comply with this subsection may result in an order to refund tuition paid and reimburse the individual's application and training fees. Failure to comply with an order to refund tuition or reimburse fees may result in suspension of the school license until payment is made, pursuant to §1702.361 of the Act. The figure in this paragraph provides the recommended text of the notice. Direct communication of this text to the prospective applicant, whether by email or other correspondence, or on the application for admission to a course, is sufficient to establish compliance with this section. Attached Graphic(b) The certificate of completion shall reflect the particular course or courses completed by a student during the training period. (1) Certificates of completion for Level II shall contain the: (A) Name and approval number of the school; (B) Date of completion; (C) Name, signature, and approval number of training instructor; and (D) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or, the last four (4) digits of the student's social security number. (2) Certificates of completion for Level III and IV shall contain the: (A) Name and approval number of the school; (B) Date of firearm training completion of Level III; (C) Name, signature, and approval number of classroom and/or firearm training instructor; (D) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student's social security number; and (E) The specific date of firearm qualification along with the name and approval number of the firearms instructor on those certificates designating completion of Level III. (3) Certificate of completion for firearms qualification (firearm proficiency) shall contain the: (A) Name and approval number of the school; (B) Name, signature, and approval number of firearms training instructor; (C) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student's social security number; (D) Firearms completion date; (E) Note the category of firearm as defined in this chapter; and (F) Be on a certificate form designed or approved by the department. (4) Certificates of completion for alarm systems installation training shall contain: (A) Name and approval number of the school; (B) Name, signature and approval number of training instructor: (C) Full name of student, and the student's Texas Driver License number, Texas Identification Card number or the last four (4) digits of the student's social security number; (D) Date of final completion of the entire course; and (E) The words "Has successfully completed the alarm installation training school approved by the Texas Department of Public Safety."</content><note type="source"><p>Source Note: The provisions of this §35.147 adopted to be effective May 6, 2014, 39 TexReg 3609; amended to be effective March 15, 2018, 43 TexReg 1445; amended to be effective December 29, 2019, 44 TexReg 8033.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scM"><num value="M">SUBCHAPTER M</num><heading>CONTINUING EDUCATION</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scM/s35.161"><num value="35.161">§35.161</num><heading>Continuing Education Requirements</heading><content>(a) An application to renew an individual license may not be submitted until the required minimum hours of department approved continuing education credits have been earned in accordance with the Act and this chapter. Proof of the required continuing education must be maintained by the employer and contained in the employee's personnel file. All individual licensees shall indicate they have completed the required minimum hours of department approved continuing education credits on their application for renewal.(b) Owners, partners, and shareholders who hold individual licenses as owners only, shall complete a total of eight (8) hours of continuing education, including seven (7) hours in the subject matter that relates to the type of regulated service provided by their company, and one (1) hour of ethics. Noncommissioned security officers, and all individuals not required to obtain a commission or license under the Act are specifically exempted from the continuing education requirements.(c) All individual license holders not otherwise addressed in this section shall complete a total of eight (8) hours of continuing education, seven (7) hours of which must be in subject matter that relates to the type of individual license held, and one (1) hour of which must cover ethics.(d) Private investigators with more than fifteen (15) years of continued licensure as a private investigator shall complete a total of twelve (12) hours of continuing education, eight (8) hours of which must relate to investigations, two (2) hours of which must cover ethics, and two (2) hours of which must involve the review of the Act and the rules of this chapter.(e) Private investigators with less than fifteen (15) years of continued licensure as a private investigator shall complete a total of eighteen (18) hours of continuing education, fourteen (14) of which must relate to investigations, two (2) hours of which must cover ethics, and two (2) hours of which must involve the review of the Act and the rules of this chapter.(f) Any individual licensed as a private investigator who fails to complete the required continuing education during the twenty-four (24) months of initial licensure is not eligible to make a new or renewal application until such time as the training requirement for the previous licensure period has been satisfied.(g) Commissioned security officers and personal protection officers shall complete six (6) hours of continuing education by completing the renewal portions of the Level III or IV training course, as applicable. All continuing education for commissioned security officers and personal protection officers must be taught by department approved training schools and instructors. Commissioned security officers shall submit a firearms proficiency certificate along with the renewal application.(h) During the first twelve (12) months of initial licensure, alarm system installers must complete the Alarm Level I training. This training consists of sixteen (16) hours of classroom instruction or equivalent online course as approved by the department, with two (2) hours covering the National Electrical Code (NEC) as it applies to low voltage. Alarm systems installer must earn eight (8) hours of continuing education credits in an alarm related field, with one (1) hour covering the National Electrical Code (NEC) as it applies to low voltage, during each subsequent twenty-four (24) month period. This requirement must be satisfied prior to the expiration date of the license and before renewal.(i) For the protection of the installer and the general public, the work of an alarm system installer who has not completed the required sixteen (16) hours of instruction must be overseen by an installer who has completed the required sixteen (16) hours of instruction. The oversight required under this section need not involve direct physical supervision, but the overseeing installer is responsible for ensuring the installation complies with all applicable requirements and regulations.(j) Any licensed alarm systems installer who fails to complete sixteen (16) hours of training during the twenty-four (24) months of initial licensure, or who fails to complete eight (8) hours of continuing education during any subsequent licensing period is not eligible to renew until all training requirements for the previous license period have been satisfied.(k) Alarm monitors shall complete four (4) hours of continuing education relating to the duties and responsibilities of an alarm monitor.(l) All individuals licensed as locksmiths must complete sixteen (16) hours of continuing education every two (2) years.(m) Attendees of continuing education courses shall maintain certificates of completion furnished by the school director in their files for a period of two (2) years. Attendees shall furnish the department with copies of all certificates of completion upon request.(n) Continuing education courses are only valid if completed within the two year period preceding the license's current expiration date.</content><note type="source"><p>Source Note: The provisions of this §35.161 adopted to be effective May 6, 2014, 39 TexReg 3610; amended to be effective March 15, 2018, 43 TexReg 1445; amended to be effective December 29, 2019, 44 TexReg 8035; amended to be effective January 10, 2022, 47 TexReg 33.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scM/s35.162"><num value="35.162">§35.162</num><heading>Continuing Education Schools</heading><content>(a) Except as otherwise provided by this subchapter, all continuing education credits must be earned through department approved continuing education schools.(b) All department approved continuing education schools shall comply with paragraphs (1) - (7) of this subsection:(1) Each school must identify to the department a school director as its agent responsible for ensuring the school's compliance with this subchapter, including the maintenance of attendance records, the provision of such records to department personnel upon request, and the verification of curricula and instructors' qualifications. The failure of this individual to perform these duties or to otherwise comply with this subchapter may result in the cancellation of the school's certificate of approval and the rejection of claims for continuing education credit obtained from that school.(2) School attendance records shall include:(A) Subjects taught in each course of instruction;(B) Total hours of each course of instruction and the hours instructed on each subject;(C) Date of instruction;(D) Name, license number, and date(s) of attendance for each individual that attended a course of instruction; and(E) Name and qualifications of instructor.(3) Schools shall issue certificates of attendance to licensees attending a course of instruction. The certificates of attendance shall contain the name and license number of the attendee, the date of attendance, the number of hours of attendance, and the course(s) of instruction attended. Each certificate shall be signed and dated by the school director.(4) Schools shall maintain all records required by this section for a period of two (2) years.(5) The school shall provide copies of all records required under this subchapter to the department upon request.(6) The school director shall verify that the curriculum of each continuing education course offered is in compliance with this chapter.(7) The school director shall verify the qualifications of each instructor.(c) Attendees of courses of continuing education shall maintain certificates of completion furnished by the school director in their files for a period of two (2) years. Attendees shall furnish the department with copies of all certificates of completion upon request.(d) Licensed companies with ten (10) or more licensed employees may make a written request for a letter of exemption allowing them to provide continuing education to those employees registered under the requesting company's license. Such requests shall be addressed to the department. A letter of exemption granted under this section shall be valid for two (2) years. To qualify for a letter of exemption, the company must appoint a training director, assure that all training is in compliance with all related administrative rules, maintain proof of all training, and provide each licensed employee with a certificate of training as required by this section. There is no annual fee associated with a letter of exemption issued under this subsection. The exemption provided in this subsection does not apply to commissioned security officers or personal protection officers.(e) The department may recognize as valid those continuing education credits that relate to the regulated services for which the individual is licensed and are earned through courses offered by:(1) a local, state, or federal agency;(2) an institution of higher education;(3) a local, state, or national non-profit professional or trade association; or(4) a continuing education school or program recognized by, or licensed with, another state's private security licensing agency.(f) The course completion certificate or other proof of completion must include the title and date of the course, the name of the entity providing the course, a description of the course sufficient to establish a relationship to the license held, and the number and category of credit hours being claimed. Credits claimed under this subsection may not be used to satisfy the continuing education requirements for commissioned security officers or personal protection officers.</content><note type="source"><p>Source Note: The provisions of this §35.162 adopted to be effective May 6, 2014, 39 TexReg 3610; amended to be effective December 29, 2019, 44 TexReg 8035; amended to be effective January 10, 2022, 47 TexReg 33.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scN"><num value="N">SUBCHAPTER N</num><heading>EXEMPTIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scN/s35.171"><num value="35.171">§35.171</num><heading>Unlicensed General Contractors or Other Intermediaries</heading><content>An unlicensed general contractor or other intermediary may not offer to provide and may not provide a regulated service unless the contract expressly includes:(1) The offer, bid, or proposal and any related advertisements must clearly and conspicuously state that the general contractor or broker is not licensed to perform the service in question and that the regulated service is to be provided exclusively by a licensed party;(2) The contract and any bid or offer to perform a regulated service must identify the licensee by name and license number;(3) The licensed subcontractor must be an express party to the contract; and(4) The contract must clearly and conspicuously provide that the licensee is fully responsible for the regulated service and that the unlicensed general contractor will have no involvement in the regulated service.</content><note type="source"><p>Source Note: The provisions of this §35.171 adopted to be effective May 6, 2014, 39 TexReg 3610.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scN/s35.172"><num value="35.172">§35.172</num><heading>Certain Locksmith Services</heading><content>(a) An owner or employee of a retail establishment open to the general public may perform work on a mechanical security device within the confines of the establishment, provided the work is limited to servicing products sold by the establishment, or duplicating keys.(b) The installation of a pre-keyed lockset may be performed by an unlicensed person, so long as the installer is hired directly by the recipient of the service, is not employed by or under contract with the retail establishment from which the lockset was purchased and the installation involves no rekeying or other internal manipulation of the locking mechanism or of any existing mechanical security devices.(c) Repossession agents who are exclusively engaged in the business of repossession are exempted from licensure under the Act while using their own equipment and employees to decode or make keys, or to install or repair locks for the property repossessed. Any third party contractor engaged to perform such services must be licensed as a locksmith.(d) The exemptions listed in subsection (a), (b), or (c) of this section apply only if the person does not use the term "locksmith" or any similar term, or otherwise create the impression to a reasonable consumer that the person is a licensed locksmith.</content><note type="source"><p>Source Note: The provisions of this §35.172 adopted to be effective May 6, 2014, 39 TexReg 3610.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scN/s35.173"><num value="35.173">§35.173</num><heading>Electronic Access Control Device</heading><content>This chapter does not apply to manufacturers, manufacturers' distributors, or installers of electronic access control devices whose sole intended purpose is to provide the public with convenient and unrestricted access, such as automatic pedestrian doors.</content><note type="source"><p>Source Note: The provisions of this §35.173 adopted to be effective May 6, 2014, 39 TexReg 3610.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c35/scO"><num value="O">SUBCHAPTER O</num><heading>MILITARY SERVICE MEMBERS, MILITARY VETERANS, AND MILITARY SPOUSES - SPECIAL CONDITIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c35/scO/s35.181"><num value="35.181">§35.181</num><heading>Exemptions from Penalty for Failure to Renew in Timely Manner</heading><content>An individual who holds a license issued under the Act is exempt from any increased fee or other penalty for failing to renew the license in a timely manner if the individual establishes to the satisfaction of the department the individual failed to renew the license in a timely manner because the individual was serving as a military service member.</content><note type="source"><p>Source Note: The provisions of this §35.181 adopted to be effective May 6, 2014, 39 TexReg 3611; amended to be effective January 10, 2016, 41 TexReg 496; amended to be effective December 29, 2019, 44 TexReg 8036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scO/s35.182"><num value="35.182">§35.182</num><heading>Extension of License Renewal Deadlines for Military Service Members</heading><content>A military service member who holds a license issued under the Act is entitled to two (2) years of additional time to complete:(1) Any continuing education requirements; and(2) Any other requirement related to the renewal of the military service member's license.</content><note type="source"><p>Source Note: The provisions of this §35.182 adopted to be effective May 6, 2014, 39 TexReg 3611; amended to be effective January 10, 2016, 41 TexReg 496; amended to be effective December 29, 2019, 44 TexReg 8036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scO/s35.183"><num value="35.183">§35.183</num><heading>Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses</heading><content>(a) An individual who is a military service member, military veteran, or military spouse may apply for a license under this section if the individual:(1) Holds a current license issued by another state that is similar in scope of practice to the license in this state and is in good standing with that state's licensing authority; or(2) Within the five (5) years preceding the application date held the license in this state.(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.</content><note type="source"><p>Source Note: The provisions of this §35.183 adopted to be effective May 6, 2014, 39 TexReg 3611; amended to be effective January 10, 2016, 41 TexReg 496; amended to be effective January 1, 2026, 50 TexReg 8621.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scO/s35.184"><num value="35.184">§35.184</num><heading>Credit for Military Experience and Training</heading><content>(a) Verified military service, training, or education that relates to the commission or license for which a military service member or military veteran has applied will be credited toward the respective experience or training requirements.(b) This section does not apply to an applicant who:(1) Holds a restricted license issued by another jurisdiction; or(2) Is ineligible for the license under the Act or this chapter, based on a disqualifying criminal history.</content><note type="source"><p>Source Note: The provisions of this §35.184 adopted to be effective May 6, 2014, 39 TexReg 3611; amended to be effective December 29, 2019, 44 TexReg 8036.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scO/s35.185"><num value="35.185">§35.185</num><heading>Definitions</heading><content>For purposes of this subchapter, the terms 'military service member', 'military veteran', and 'military spouse' have the meanings provided in Texas Occupations Code, §55.001.</content><note type="source"><p>Source Note: The provisions of this §35.185 adopted to be effective January 10, 2016, 41 TexReg 496.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c35/scO/s35.186"><num value="35.186">§35.186</num><heading>Recognition of Out-of-State License for Military Service Members and Military Spouses</heading><content>Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas license will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.</content><note type="source"><p>Source Note: The provisions of this §35.186 adopted to be effective January 1, 2026, 50 TexReg 8621.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c36"><num value="36">CHAPTER 36</num><heading>METALS RECYCLING ENTITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c36/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c36/scA/s36.1"><num value="36.1">§36.1</num><heading>Definitions</heading><content>The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise:(1) Act--Texas Occupations Code, Chapter 1956.(2) Advisory letter--An informational notification of an alleged minor violation of statute or administrative rule for which no disciplinary action is proposed.(3) Applicant--A person who has applied for registration under the Act.(4) Business owner--A sole proprietor, partner, member, or other individual with a financial interest in the entity.(5) Commission--The Public Safety Commission.(6) Controlling interest--More than 50% ownership interest in the entity.(7) Department--The Texas Department of Public Safety.(8) Immediate family member--A parent, child, sibling, or spouse.(9) Military service member, military veteran, and military spouse--Have the meanings provided in Texas Occupations Code, §55.001.(10) On-site representative--An individual responsible for the day-to-day operation of the location.(11) Person--A corporation, organization, agency, business trust, estate, trust, partnership, association, holder of a certificate of registration, an individual, or any other legal entity.(12) Personal identification document--Has the meanings provided by Texas Occupations Code, §1956.001(8) of the Act.(13) Program--Texas Metals Program.(14) Registrant--A person who holds a certificate of registration under the Act.(15) Revocation--The withdrawal of authority to act as a metal recycling entity under the Act.(16) Statutory agent--The natural person to whom any legal notice may be delivered for each location.(17) Suspension--A temporary cessation of the authority to act as a metal recycling entity under the Act.</content><note type="source"><p>Source Note: The provisions of this §36.1 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective May 14, 2020, 45 TexReg 3142; amended to be effective November 16, 2023, 48 TexReg 6609.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scA/s36.2"><num value="36.2">§36.2</num><heading>Notice</heading><content>(a) The department is entitled to rely on the mailing and electronic mail address currently on file for all purposes relating to notification. The failure to maintain a current mailing and electronic mail address with the department is not a defense to any action based on the registrant's, statutory agent's, or applicant's failure to respond.(b) Service upon the registrant, applicant or statutory agents of notice is complete and receipt is presumed upon the date the notice is sent, if sent before 5:00 p.m. by facsimile or electronic mail, and the department receives confirmation of the transmission. If the notice is received after 5:00 p.m. or on a weekend or holiday, it is considered received on the next business day. Receipt is presumed three (3) days following the date sent, if by regular United States mail.(c) The department shall notify the applicant of the denial of an application for a certificate of registration or renewal application for a certificate of registration and the registrant or statutory agent of advisory letters, reprimands, suspensions, or revocations of certificates of registration by certified mail, return receipt requested.</content><note type="source"><p>Source Note: The provisions of this §36.2 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scA/s36.3"><num value="36.3">§36.3</num><heading>Address on File</heading><content>(a) All registrants or applicants at all times shall maintain on file with the department their current mailing and principal place of business address. The principal place of business address must be a physical address and may not be a post office box.(b) The current mailing address for a statutory agent at all times shall be on file with the department.(c) All registrants, applicants, and statutory agents at all times shall maintain on file with the department a current and valid electronic mail address.(d) All registrants, applicants, and statutory agents shall notify the department of any change of their mailing or electronic mail address using the department's online application prior to the effective date of the change of address.</content><note type="source"><p>Source Note: The provisions of this §36.3 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scA/s36.4"><num value="36.4">§36.4</num><heading>Forms</heading><content>(a) All forms required by the department must be completed legibly and in English.(b) Except as provided in subsection (c) of this section, information submitted pursuant to the requirements of §1956.0382(b) or §1956.032(a)(3)(B) of the Act must be on a department approved form.(c) In lieu of a form required by subsection (b) of this section, a person may submit to the department a waiver requesting approval to use an alternative form that contains information substantially consistent with that required by subsection (b) of this section.(d) The name or State Seal of Texas or the name or seal of the Texas Department of Public Safety shall not be displayed on any alternative form.(e) The digital photograph required on a form pursuant to §1956.0382(b) of the Act must be in color.(f) A waiver to use an alternative form must be submitted in a manner prescribed by the department.(g) A person is not authorized to use an alternative form described in subsection (c) of this section without first obtaining written approval of the department.</content><note type="source"><p>Source Note: The provisions of this §36.4 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c36/scB"><num value="B">SUBCHAPTER B</num><heading>CERTIFICATE OF REGISTRATION</heading><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.11"><num value="36.11">§36.11</num><heading>Application for Certificate of Registration</heading><content>(a) A certificate of registration may only be obtained through the department's online application process.(b) The application for certificate of registration must include, but is not limited to:(1) Criminal history disclosure of all convictions for the owner with a controlling interest in the business, or if no owner has a controlling interest in the business, for the entity's on-site representative;(2) Proof of ownership and current status as required by the department, including but not limited to, a current Certificate of Existence or Certificate of Authority from the Texas Office of the Secretary of State and a Certificate of Good Standing from the Texas Comptroller of Public Accounts;(3) All fees required pursuant to §36.17 of this title (relating to Fees);(4) Proof of training pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training);(5) A statutory agent disclosure pursuant to §36.12 of this title (relating to Statutory Agent Disclosure);(6) The physical address of the fixed location at which the applicant will conduct regulated metal recycling activities; and(7) If the applicant's business activity involves catalytic converters removed from motor vehicles, a declaration on the approved department form stating:(A) whether the applicant will engage in a business activity that involves the conversion of catalytic converters removed from motor vehicles into raw material products by a method that in part requires the use of powered tools and equipment or the use of such raw material products in the manufacture of producer or consumer goods;(B) whether the applicant will purchase or otherwise acquire catalytic converters removed from motor vehicles for the eventual use of the metal for purposes of the aforementioned business activities but will not actually engage in those activities; or(C) that the applicant will deal only incidentally with catalytic converters removed from motor vehicles.(c) Applicants proposing to conduct business at more than one (1) location must complete an application for each location and obtain a certificate of registration for each location. An applicant proposing to conduct business at more than one (1) location is only required to comply with the requirement of subsection (b)(4) of this section for the initial location at which the applicant is seeking to conduct business.(d) A new certificate of registration for a metals recycling entity may not be issued if the applicant's immediate family member's registration as a metals recycling entity, at that same location, is currently suspended or revoked, or is subject to a pending administrative action, unless the applicant submits an affidavit stating the family member who is the subject of the suspension, revocation or pending action, has no, nor will have any, direct involvement or influence in the business of the metals recycling entity.(e) A new certificate of registration may be issued at the same location where a previous owner's registration as a metals recycling entity is currently suspended, is subject to a pending administrative action, or was previously revoked, if the applicant submits an affidavit stating the previous owner who is the subject of the suspension, revocation, or other pending administrative action, will have no direct involvement or influence in the business of the metals recycling entity. The affidavit must contain the statement that the affiant understands and agrees that in the event the department discovers the previous registration holder is involved in the business of metals recycling entity at that location, the certificate of registration will be revoked pursuant to §36.53 of this title (relating to Revocation of a Certificate of Registration). In addition to the affidavit, when the change of ownership of the metals recycling entity is by lease of the location, the applicant seeking a certificate of registration must provide a copy of the lease agreement included with the application for certificate of registration.(f) The failure of an applicant to meet any of the conditions of subsections (a) - (e) of this section will result in rejection of the application as incomplete.(g) An applicant for a certificate of registration is not authorized to engage in any activity for which a certificate of registration is required prior to being issued a certificate of registration by the department.(h) A metal recycling entity whose business activity substantially changes in the extent to which the entity engages in transactions involving catalytic converters removed from motor vehicles must update the entity's declaration at the time of or prior to the change.</content><note type="source"><p>Source Note: The provisions of this §36.11 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective May 14, 2020, 45 TexReg 3143; amended to be effective November 16, 2023, 48 TexReg 6610.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.12"><num value="36.12">§36.12</num><heading>Statutory Agent Disclosure</heading><content>(a) Statutory agent disclosure information must be submitted by all applicants for each location at which the applicant is seeking to conduct business. Each person applying for a certificate of registration must designate a natural person as the statutory agent and provide a physical address where that natural person may be located. This address may not be a post office box.(b) Modification of the statutory agent disclosure information must be submitted using the department's online application and all required fees must be paid pursuant to §36.17 of this title (relating to Fees), prior to the effective date of the change.</content><note type="source"><p>Source Note: The provisions of this §36.12 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.13"><num value="36.13">§36.13</num><heading>Change in Ownership</heading><content>(a) The department must be notified of any change in ownership structure or registrant status within five (5) business days of the effective date of the change. Notification must be through the department's online application. All fees required pursuant to §36.17 of this title (relating to Fees) must be paid at the time of notification.(b) The registrant must submit amended proof of ownership and status as required by the department.</content><note type="source"><p>Source Note: The provisions of this §36.13 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.14"><num value="36.14">§36.14</num><heading>Application Review</heading><content>(a) If an incomplete application is received, the applicant will be notified of the deficiency and provided twenty (20) calendar days after receipt of notice to submit the missing information. If an applicant fails to furnish the missing information within twenty (20) calendar days, the application will be rejected as incomplete.(b) An application is complete when:(1) It contains all of the items required pursuant to §36.11 of this title (relating to Application for Certificate of Registration);(2) It conforms to the Act, this chapter, and the program's instructions;(3) All fees have been paid pursuant to §36.17 of this title (relating to Fees);(4) All requests for additional information have been satisfied; and(5) Proof of training has been completed pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training).</content><note type="source"><p>Source Note: The provisions of this §36.14 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.15"><num value="36.15">§36.15</num><heading>Term of Certificate of Registration</heading><content>(a) A certificate of registration is valid for two (2) years from the date of issuance.(b) A person whose certificate of registration has expired may not act as a metal recycling entity, represent to the public that the person is a metal recycling entity, or perform collections until the certificate has been renewed.(c) A registrant must display a copy of the current, certificate of registration in a manner clearly visible to anyone authorized to inspect pursuant to §1956.035(b)(2) of the Act.</content><note type="source"><p>Source Note: The provisions of this §36.15 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.16"><num value="36.16">§36.16</num><heading>Renewal of Certificate of Registration</heading><content>(a) To renew a certificate of registration, an application for renewal and the appropriate renewal fee must be submitted prior to the certificate's expiration date but not more than forty-five (45) days before the expiration date of the current certificate of registration.(b) A certificate of registration that has been expired less than one (1) year may be renewed by submitting an application for renewal and the appropriate renewal fee pursuant to §36.17 of this title (relating to Fees).(c) A certificate of registration that has expired for one (1) year or more may not be renewed. An application for a new certificate of registration must be submitted according to the procedures pursuant to §36.11 of this title (relating to Application for Certificate of Registration) and by paying the appropriate fees pursuant to §36.17 of this title.(d) To renew a certificate of registration, registrants must submit proof of training pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training). The department may waive this requirement if there have been no significant updates since the previous training.(e) Except as authorized pursuant to §36.42 of this title (relating to Extension of Registration Renewal Deadlines for Military Service Members) no extension for registration renewal is authorized.(f) An applicant for a renewal of certificate of registration that is expired is not authorized to engage in any activity for which a registration is required prior to being issued a renewal certificate of registration by the department. Violation of this subsection may result in the denial of the renewal application.</content><note type="source"><p>Source Note: The provisions of this §36.16 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective November 2, 2017, 42 TexReg 6032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.17"><num value="36.17">§36.17</num><heading>Fees</heading><content>(a) The department has prescribed the following non-refundable fees for purposes of administering the Act:(1) Initial application. A $500 fee is assessed for each application for a new certificate of registration. Applicants conducting business at more than one (1) location must apply for a new certificate of registration and submit a $500 fee for each location.(2) Statutory agent disclosure. A $10 fee is assessed each time statutory agent disclosure information is filed, without an initial application or application for renewal.(3) Change in ownership. A $10 fee is assessed each time change of ownership information is filed, without an initial application or application for renewal.(4) Renewal certificate of registration. A $500 fee is assessed for each location renewing a certificate of registration in accordance with §36.16 of this title (relating to Renewal of Certificate of Registration). A certificate of registration that has been expired for ninety (90) days or less may be renewed by submitting a renewal application using the department's online application and by paying $750. A certificate of registration that has been expired for more than ninety (90) days but less than one (1) year may be renewed by submitting a renewal application using the department's online application and by paying $1,000.(5) Add or change location. A $500 fee is assessed each time a metal recycling entity adds or changes a fixed location.(b) Payment of fees shall be in the manner prescribed by the department. If payment is dishonored or reversed prior to issuance of the certificate, the application will be rejected as incomplete. If the certificate of registration has been issued prior to the payment being dishonored or reversed, revocation proceedings will be initiated pursuant to §36.53 of this title (relating to Revocation of Certificate of Registration). The department may dismiss a pending revocation proceeding upon receipt of payment of the full amount due, including any additional processing fees.(c) Except as authorized pursuant to §36.41 of this title (relating to Military Exemption from Penalty for Failure to Renew in Timely Manner) no exemption from a penalty for failure to renew a registration before expiration is authorized.</content><note type="source"><p>Source Note: The provisions of this §36.17 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scB/s36.18"><num value="36.18">§36.18</num><heading>Adding or Changing Locations</heading><content>To conduct business at a new or additional location a registrant must apply for a certificate of registration for each location, pay all fees required pursuant to §36.17 of this title (relating to Fees), and obtain a certificate of registration pursuant to §36.11 (relating to Application for Certificate of Registration) for each location.</content><note type="source"><p>Source Note: The provisions of this §36.18 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c36/scC"><num value="C">SUBCHAPTER C</num><heading>PRACTICE BY CERTIFICATE HOLDERS AND REPORTING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.31"><num value="36.31">§36.31</num><heading>Reporting Requirements</heading><content>The statutorily required reports must include the physical address of the individual from whom the regulated material is purchased. This address must not be a post office box.</content><note type="source"><p>Source Note: The provisions of this §36.31 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective November 2, 2017, 42 TexReg 6032.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.32"><num value="36.32">§36.32</num><heading>Exemption from Electronic Reporting</heading><content>(a) A metal recycling entity unable to comply with the electronic reporting requirements may request an exemption from the requirement. The request must be in the form of an affidavit stating the entity does not have an available and reliable means of submitting the transaction report electronically. In addition, the request must clearly describe the metal recycling entity's technological inadequacies, explain why those inadequacies cannot be remedied, and include documentation establishing the financial hardship associated with compliance.(b) If an exemption is granted, the entity must file reportable transactions with the department on an approved form. The exemption will remain in effect for no longer than twelve (12) months, beginning the first (1st) day of the month following the month the exemption was granted. A new exemption must be requested annually in writing.(c) The department may rescind an exemption if the reasons underlying the exemption no longer exist.</content><note type="source"><p>Source Note: The provisions of this §36.32 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.33"><num value="36.33">§36.33</num><heading>Documentation on Fire-Salvaged Insulated Communications Wire</heading><content>(a) Pursuant to §1956.032(a)(5) and (h) of the Act, a person attempting to sell insulated communications wire that has been burned wholly or partly to remove the insulation must display to the purchasing metal recycling entity documentation of the seller's ownership of the property at which the fire occurred or an affidavit from the owner reflecting the owner's consent for the material to be removed and sold.(b) Pursuant to §1956.134(b)(3) and (f) of the Act, a seller listed in §1956.133 of the Act, attempting to sell copper or brass material containing insulated communications wire that has been burned wholly or partly to remove the insulation, must display to the purchasing metal recycling entity that the wire is salvaged from a fire by either:(1) documentation of the seller's ownership of the property at which the fire occurred; or(2) an affidavit from the owner reflecting the owner's consent for the material to be removed and sold.</content><note type="source"><p>Source Note: The provisions of this §36.33 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective January 1, 2026, 50 TexReg 8621.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.34"><num value="36.34">§36.34</num><heading>Texas Metals Program Recycler Training</heading><content>Before receiving a certificate of registration pursuant to §36.11 of this title (relating to Application for Certificate of Registration) or renewal of certificate of registration pursuant to §36.16 of this title (relating to Renewal of Certificate of Registration), all applicants and registrants, or their on-site representative, must satisfactorily complete the department's Texas Metals Program Recycler Training. A copy of the proof of training for registrants, or their on-site representative, must be maintained at the place of business and available for inspection by anyone authorized to inspect pursuant to §1956.035(b)(2) of the Act.</content><note type="source"><p>Source Note: The provisions of this §36.34 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective May 14, 2020, 45 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.35"><num value="36.35">§36.35</num><heading>Payment by Metal Recycling Entity</heading><content>A check or money order issued to a seller pursuant to §1956.0381(a)(3) or §1956.0381(a)(4) of the Act must not be cashed by a metal recycling entity or at a metal recycling entity location.</content><note type="source"><p>Source Note: The provisions of this §36.35 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.36"><num value="36.36">§36.36</num><heading>Standards of Conduct</heading><content>(a) Pursuant to §1956.035 of the Act, a metal recycling entity, and any individuals acting on behalf of the entity, shall cooperate fully with any investigation or inspection conducted by a peace officer, a representative of the department, or a representative of a county, municipality, or political subdivision that issues a license or permit under §1956.003(b) of the Act.(b) Pursuant to §1956.035 of the Act, a metal recycling entity shall permit access during normal business hours to a person authorized to inspect.(c) A metal recycling entity must not purchase, sell, or possess an explosive device, as defined by §1956.001(6-a) of the Act.(d) If convicted of a disqualifying offense pursuant to §36.55 of this title (relating to Disqualifying Offenses), an applicant or registrant shall notify the department within seventy-two (72) hours of the conviction. Notification shall be made in a manner prescribed by the department.(e) Any violation of subsection (a) - (d) of this section by a business owner, or on-site representative will be construed as a violation by the registrant.</content><note type="source"><p>Source Note: The provisions of this §36.36 adopted to be effective January 10, 2016, 41 TexReg 497; amended to be effective November 2, 2017, 42 TexReg 6032; amended to be effective May 14, 2020, 45 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.37"><num value="36.37">§36.37</num><heading>Cash Transaction Card</heading><content>(a) In addition to the requirements pursuant to §1956.0382(d) of the Act, a cash transaction card must be laminated or made of a rigid plastic or other durable material that will preserve the legibility of the information contained on the card. All information on the card must be legible and in English.(b) The name of the metal recycling entity issuing the card and their state issued registration number must be included on the front of the card.(c) The Texas state seal or the name or insignia of the department must not be displayed as part of a cash transaction card other than such items prepared or issued by the department.(d) The digital photograph required pursuant to §1956.0382(d)(2)of the Act, must be the same digital photograph required pursuant to §1956.0382(b)(3) and it must be in color.(e) A cash transaction card required by a local law, regulation, or ordinance consistent with §1956.0382(d) of the Act that is issued subsequent to the effective date of this section must comply with this section. Any such card issued prior to the effective date of this section need not comply with this section so long as it remains valid and has not expired, unless more than two (2) years have passed since the date of issuance.</content><note type="source"><p>Source Note: The provisions of this §36.37 adopted to be effective January 10, 2016, 41 TexReg 497.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.38"><num value="36.38">§36.38</num><heading>Marking of Catalytic Converters</heading><content>A metal recycling entity shall mark each catalytic converter purchased by the entity with a unique number that identifies the entity, the date, and the individual transaction. The number may consist of a combination of numbers and letters, and must be legibly and permanently marked with an industrial paint pen or marker in numbers at least one inch high.</content><note type="source"><p>Source Note: The provisions of this §36.38 adopted to be effective November 4, 2021, 46 TexReg 7425.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scC/s36.39"><num value="36.39">§36.39</num><heading>Documentation of Seller Type for Certain Copper or Brass Material</heading><content>(a) A metal recycling entity shall keep an accurate electronic record or an accurate and legible written record of each purchase of copper or brass material made in the course of the entity's business. The record must clearly identify the type of seller listed in §1956.133 of the Act, from which a metal recycling entity purchased or acquired copper or brass material as defined in §1956.131 of the Act.(b) The record indicating the type of seller must be in a retrievable format and available for inspection as part of the records requirements pursuant to §1956.134 of the Act.</content><note type="source"><p>Source Note: The provisions of this §36.39 adopted to be effective January 1, 2026, 50 TexReg 8621.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c36/scD"><num value="D">SUBCHAPTER D</num><heading>MILITARY EXEMPTIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c36/scD/s36.41"><num value="36.41">§36.41</num><heading>Military Exemption from Penalty for Failure to Renew in Timely Manner</heading><content>A person who holds a certificate of registration issued under the Act is exempt from any increased fee or other penalty imposed by the department for failing to renew the certificate of registration in a timely manner, if the person establishes to the satisfaction of the department the person failed to renew the certificate of registration in a timely manner because the person was serving as a military service member.</content><note type="source"><p>Source Note: The provisions of this §36.41 adopted to be effective January 10, 2016, 41 TexReg 498.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scD/s36.42"><num value="36.42">§36.42</num><heading>Extension of Registration Renewal Deadlines for Military Service Members</heading><content>A military service member who holds a certificate of registration issued under the Act is entitled to two (2) years of additional time to complete any requirement related to the renewal of the military service member's certificate of registration.</content><note type="source"><p>Source Note: The provisions of this §36.42 adopted to be effective January 10, 2016, 41 TexReg 498.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scD/s36.43"><num value="36.43">§36.43</num><heading>Alternative Registration Procedures for Military Service Members, Military Veterans, and Military Spouses</heading><content>(a) An applicant who is a military service member, military veteran, or military spouse may apply for a certificate of registration under this section if the applicant:(1) Establishes to the satisfaction of the department that the applicant holds a current certificate of registration or the equivalent issued by another state that is similar in scope of practice to the certificate of registration in this state and is in good standing with that state's licensing authority; or(2) Within the five (5) years preceding the application date held the certificate of registration in this state.(b) The department may accept alternative demonstrations of professional competence in lieu of existing experience, training, or educational requirements.</content><note type="source"><p>Source Note: The provisions of this §36.43 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective January 1, 2026, 50 TexReg 8622.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scD/s36.44"><num value="36.44">§36.44</num><heading>Credit for Military Experience and Training</heading><content>(a) Verified military service, training, or education that relates to registration as a metal recycling entity will be credited toward the respective experience or training requirements.(b) This section does not apply to an applicant who:(1) holds a restricted licensed issued by another jurisdiction; or(2) is ineligible for the registration or license under the Act or this chapter, based on a disqualifying criminal history.</content><note type="source"><p>Source Note: The provisions of this §36.44 adopted to be effective January 10, 2016, 41 TexReg 498.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scD/s36.45"><num value="36.45">§36.45</num><heading>Recognition of Out-of-State License for Military Service Members and Military Spouses</heading><content>Pursuant to Occupations Code, §55.0041, the department's determination of whether another state's license held by a military service member or military spouse is similar in the scope of practice to that of the Texas certificate of registration will be made upon receipt of the application for recognition of the out-of-state license by comparing the other state's license requirements, including its statutes, rules, and application review process, with the department's requirements to determine if the requirements are similar in scope of practice.</content><note type="source"><p>Source Note: The provisions of this §36.45 adopted to be effective January 1, 2026, 50 TexReg 8622.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p1/c36/scE"><num value="E">SUBCHAPTER E</num><heading>DISCIPLINARY PROCEDURES AND ADMINISTRATIVE PROCEDURES</heading><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.51"><num value="36.51">§36.51</num><heading>Denial of Application for Certificate of Registration</heading><content>(a) The department may deny an application for a certificate of registration if:(1) The applicant attempts to obtain a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;(2) The applicant has sold, bartered, or offered to sell or barter a certificate of registration;(3) The applicant or, if applicable, the applicant's on-site representative, is ineligible pursuant to §36.55 of this title (relating to Disqualifying Offenses);(4) The applicant's certificate of registration was revoked within two (2) years prior to the date of application; or(5) The applicant operated a metal recycling entity in violation of §1956.021 of the Act and, after notice of the violation, failed to obtain a registration required by the Act.(b) Upon the denial of an application under this section, an applicant may request a hearing before the department pursuant to §36.56 of this title (relating to Informal Hearings).</content><note type="source"><p>Source Note: The provisions of this §36.51 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective May 14, 2020, 45 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.53"><num value="36.53">§36.53</num><heading>Revocation of a Certificate of Registration</heading><content>(a) The department may revoke a certificate of registration if the owner with a controlling interest in the business or, if no owner has a controlling interest in the business, the entity's on-site representative:(1) Commits multiple violations of the same type pursuant to §36.52(a) of this title (relating to Advisory Letters, Reprimands and Suspensions of a Certificate of Registration);(2) Obtains a certificate of registration by means of fraud, misrepresentation, or concealment of a material fact;(3) Sells, barters, or offers to sell or barter a certificate of registration;(4) Is convicted of a disqualifying felony or misdemeanor offense pursuant to §36.55 of this title (relating to Disqualifying Offenses); or(5) Submits to the department a payment that is dishonored, reversed, or otherwise insufficient or invalid.(b) Upon receipt of notice of revocation under this section, a person may request a hearing before the department pursuant to §36.56 of this title (relating to Informal Hearings).</content><note type="source"><p>Source Note: The provisions of this §36.53 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective May 14, 2020, 45 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.54"><num value="36.54">§36.54</num><heading>Recertification After Revocation</heading><content>(a) Except as provided in subsection (b) of this section, a person whose certificate of registration has been revoked may not be recertified earlier than two (2) years from the date of revocation.(b) A person whose certificate of registration has been revoked for a dishonored or reversed payment, as provided under §36.53(a)(5) of this title (relating to Revocation of a Certificate of Registration), may reapply at any time. Approval of the application is contingent upon receipt of payment of the full amount due, including any additional processing fees resulting from the prior dishonored or reversed payment.(c) A person whose certificate of registration has been revoked must follow the procedures pursuant to §36.11 of this title (relating to Application for Certificate of Registration) for new applications including proof of training pursuant to §36.34 of this title (relating to Texas Metals Program Recycler Training).</content><note type="source"><p>Source Note: The provisions of this §36.54 adopted to be effective January 10, 2016, 41 TexReg 498.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.55"><num value="36.55">§36.55</num><heading>Disqualifying Offenses</heading><content>(a) Pursuant to Texas Occupations Code, §53.021(a)(1), the department may revoke a certificate of registration or deny an application for a certificate of registration if the applicant, the owner with a controlling interest in the business or, if applicable, the entity's on-site representative has been convicted of a felony or misdemeanor that directly relates to the duties and responsibilities of a metal recycling entity.(b) The Metals Recycling Entities Act was enacted in order to regulate transactions in the metal recycling industry, with the ultimate purpose of reducing the theft of recyclable metals. However, this goal is dependent on the licensure of individuals who are not predisposed to commit theft or engage in fraud. The accurate and honest reporting of transactional data is critical to the purpose of the program. Accordingly, the department has determined the types of offenses detailed in this subsection directly relate to the duties and responsibilities of metal recycling entities. A conviction for an offense within one (1) or more of the categories listed in paragraphs (1) - (9) of this subsection may result in the denial of an original or renewal application for a certificate of registration or the revocation of a certificate of registration. The Texas Penal Code references provided in this section are for illustrative purposes and are not intended to exclude similar offenses in other state or federal codes. The types of offenses directly related to the duties and responsibilities of metal recycling entities include, but are not limited to:(1) Arson, Criminal Mischief, and other Property Damage or Destruction (Texas Penal Code, Chapter 28);(2) Burglary and Criminal Trespass (Texas Penal Code, Chapter 30);(3) Theft (Texas Penal Code, Chapter 31);(4) Fraud (Texas Penal Code, Chapter 32);(5) Bribery and Corrupt Influence (Texas Penal Code, Chapter 36);(6) Perjury and Other Falsification (Texas Penal Code, Chapter 37);(7) Any violation of Texas Occupations Code, §1956.038 or §1956.040;(8) Prohibited Weapon - Explosive Weapon (Texas Penal Code, §46.05(a)(1); and(9) Component of Explosives (Texas Penal Code, §46.09).(c) A felony conviction for one of the offenses listed in subsection (b) of this section, a sexually violent offense as defined by Texas Code of Criminal Procedure, Article 62.001, or an offense listed in Texas Code of Criminal Procedure, Article 42.12, §3(g) or Article 42A.054, is disqualifying for ten (10) years from the date of the conviction.(d) A misdemeanor conviction for one of the offenses listed in subsection (b) of this section or a substantially similar offense is disqualifying for five (5) years from the date of conviction.(e) For the purposes of this chapter, all references to conviction are to those for which the judgment has become final.(f) A person who is otherwise disqualified pursuant to the criteria in this section may submit documentation as detailed in paragraphs (1) - (8) of this subsection as evidence of his or her fitness to perform the duties and discharge the responsibilities of a metal recycling entity:(1) the extent and nature of the person's past criminal activity;(2) the age of the person when the crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(6) letters of recommendation;(7) evidence the applicant has:(A) maintained a record of steady employment;(B) supported the applicant's dependents;(C) maintained a record of good conduct; and(D) paid all outstanding court costs, supervision fees, fines, and restitution ordered in any criminal case in which the applicant has been convicted; and(8) any other evidence relevant to the person's fitness for the certification sought.(g) The failure to provide the required documentation in a timely manner may result in the proposed action being taken against the application or license.</content><note type="source"><p>Source Note: The provisions of this §36.55 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective May 14, 2020, 45 TexReg 3143; amended to be effective November 4, 2021, 46 TexReg 7425.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.56"><num value="36.56">§36.56</num><heading>Informal Hearing; Settlement Conference</heading><content>(a) A person who receives notice of the department's intention to deny an application for a certificate of registration, to reprimand, suspend or revoke a certificate of registration, to prohibit the registrant from paying cash for a purchase of regulated material pursuant to §1956.036(e) of the Act, or to impose an administrative penalty under §36.60 of this title (relating to Administrative Penalties), may appeal the decision by submitting a request to appeal by mail, facsimile, or electronic mail, to the department in the manner provided on the department's metals recycling program website within thirty (30) calendar days after receipt of notice of the department's proposed action. If a written request to appeal is not submitted within thirty (30) calendar days of the date notice was received, the right to an informal hearing or settlement conference, as applicable, under this section or §36.57 of this title (relating to Hearings Before the State Office of Administrative Hearings) is waived and action becomes final.(b) If the action is based on the person's criminal history, an informal, telephonic hearing will be scheduled. Following the hearing, the department will either dismiss the proceedings and withdraw the proposed action, or issue a written statement of findings to the respondent either upholding or modifying the original proposed action.(c) If the proposed action is based on an administrative violation, a settlement conference will be scheduled. The settlement conference may be conducted in person or by telephone, by agreement of the parties. Following the settlement conference, the parties will execute an agreed order, or, if no agreement is reached, the department will issue a written determination either upholding or modifying the originally proposed action.(d) The department's findings resulting from the informal hearing, or its determination following a settlement conference, may be appealed as provided in §36.57 of this title. If a written request is not submitted within thirty (30) calendar days of the date notice was received, the findings or determination shall become final.(e) Requests for continuance must be submitted in writing at least three (3) business days prior to the scheduled hearing or conference. Requests must be based on good cause. Multiple requests may be presumed to lack good cause and may be denied on that basis.</content><note type="source"><p>Source Note: The provisions of this §36.56 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective November 2, 2017, 42 TexReg 6032; amended to be effective May 14, 2020, 45 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.57"><num value="36.57">§36.57</num><heading>Hearings Before the State Office of Administrative Hearings</heading><content>(a) The department's findings following an informal hearing, or its determination following a settlement conference, may be appealed to the State Office of Administrative Hearings by submitting a request by mail, facsimile, or electronic mail, to the department in the manner provided on the department's Metal Recycling Program website, within thirty (30) calendar days after receipt of the findings or determination.(b) In a case before State Office of Administrative Hearings, failure of the respondent to appear at the time of hearing shall entitle the department to request from the administrative law judge an order dismissing the case from the State Office of Administrative Hearings docket and to informally dispose of the case on a default basis.(c) In cases brought before State Office of Administrative Hearings, in the event the respondent is adjudicated as being in violation of the Act or this chapter after a trial on the merits, the department has authority to assess the actual costs of the administrative hearing in addition to the penalty imposed. Such costs include, but are not limited to, investigative costs, witness fees, deposition expenses, travel expenses of witnesses, transcription expenses, or any other costs that are necessary for the preparation of the department's case. The costs of transcriptions and preparation of the record for appeal shall be paid by the respondent.</content><note type="source"><p>Source Note: The provisions of this §36.57 adopted to be effective May 14, 2020, 45 TexReg 3143.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c36/scE/s36.60"><num value="36.60">§36.60</num><heading>Administrative Penalties</heading><content>(a) The figure in this section reflects the department's penalty schedule applicable to administrative penalties imposed under this section. For any violation not expressly addressed in the penalty schedule, the department may impose a penalty not to exceed $500 for the first (1st) violation. For the second (2nd) violation within the preceding one (1) year period, the penalty may not exceed $1,000.Attached Graphic(b) Upon receipt of a notice of administrative penalty under this section, a person may request a hearing before the department pursuant to §36.56 of this title (relating to Informal Hearing; Settlement Conference).(c) The failure to pay an administrative penalty that has become final, whether by the passage of the deadline to appeal or by final court disposition, whichever is later, shall result in suspension of the license with no further notice or right to appeal. The suspension takes effect when the appeal deadline has passed and remains in effect until the penalty is paid in full.</content><note type="source"><p>Source Note: The provisions of this §36.60 adopted to be effective January 10, 2016, 41 TexReg 498; amended to be effective November 2, 2017, 42 TexReg 6032; amended to be effective November 4, 2021, 46 TexReg 7425; amended to be effective March 7, 2024, 49 TexReg 1284; amended to be effective January 1, 2026, 50 TexReg 8622.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c37"><num value="37">CHAPTER 37</num><heading>SEX OFFENDER REGISTRATION</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c37/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p1/c37/sc/s37.1"><num value="37.1">§37.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meaning, unless the context clearly indicates otherwise:(1) Department--The Texas Department of Public Safety.(2) Online identifier--An online identifier as defined by Code of Criminal Procedure, Article 62.001.(3) Provider--An eligible commercial social networking site as defined by Code of Criminal Procedure, Article 62.0061, and approved by the department.</content><note type="source"><p>Source Note: The provisions of this §37.1 adopted to be effective January 9, 2011, 35 TexReg 11945.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c37/sc/s37.2"><num value="37.2">§37.2</num><heading>Commercial Social Networking Sites</heading><content>(a) A commercial social networking site may request access to online identifiers maintained by the department under Code of Criminal Procedure, Article 62.051(c)(7).(b) Requests may be submitted to: Crime Records Service, Attn: Sex Offender Registration Unit, Texas Department of Public Safety, P.O. Box 4143, Austin, Texas 78765-4143; or via e-mail at: txsor@dps.texas.gov.(c) Requests for access submitted to the department must contain:(1) the name of the commercial social networking site;(2) the website address of the commercial social networking site;(3) the name, mailing address, e-mail address of a point of contact for the commercial social networking site;(4) the state or country where the commercial social networking site's articles of incorporation are filed; and(5) a statement indicating whether or not a combination of advertising revenue and subscription fees generated by the commercial social networking site is in excess of $10,000 per annum.(d) The department will determine if a requester of online identifiers meets the definition of provider.(e) Approved providers will be instructed to create a user account and furnished instructions to access public information as defined by Code of Criminal Procedure, Article 62.005(b), and online identifiers maintained by the department under Code of Criminal Procedure, Article 62.051(c)(7).(f) Information disseminated to the provider by the department is subject to the restrictions outlined by Code of Criminal Procedure, Article 62.0061.(g) User accounts will be deactivated after six (6) months of inactivity. This does not preclude a provider from requesting reactivation of a user account.(h) The department reserves the right to terminate a user account for a violation of any statute, administrative rule, or department policy.</content><note type="source"><p>Source Note: The provisions of this §37.2 adopted to be effective January 9, 2011, 35 TexReg 11945; amended to be effective September 24, 2018, 43 TexReg 6334.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c37/sc/s37.3"><num value="37.3">§37.3</num><heading>Minimum Required Registration Period</heading><content>(a) The minimum required registration period under federal law for each reportable conviction or adjudication under Texas Code of Criminal Procedure, Chapter 62, is determined by the department. (The figure in this section reflects the minimum required registration period under federal law for each reportable conviction or adjudication.) Attached Graphic(b) For a list of reportable convictions or adjudications for which a person must register for a period that exceeds the minimum required registration period under federal law please visit https://records.txdps.state.tx.us/SexOffenderRegistry/.</content><note type="source"><p>Source Note: The provisions of this §37.3 adopted to be effective March 14, 2019, 44 TexReg 1360.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c38"><num value="38">CHAPTER 38</num><heading>FUSION CENTER OPERATIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c38/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p1/c38/scA/s38.1"><num value="38.1">§38.1</num><heading>Definitions</heading><content>The terms in this section have the following meanings when used in this chapter unless the context clearly indicates otherwise:(1) All-crimes approach--An operational approach that incorporates terrorism and other high-risk threats into existing crime-fighting frameworks to ensure that possible precursor crimes are screened and analyzed for linkages to larger-scale terrorist or other crimes.(2) Baseline fusion center capabilities--The baseline functional capabilities and standards for state and major urban area fusion centers as identified and published by U.S. Department of Justice's Global Justice Information Sharing Initiative found here: https://it.ojp.gov/documents/d/baseline%20capabilities%20for%20state%20and%20major%20urban%20area%20fusion%20centers.pdf.(3) Department--The Texas Department of Public Safety.(4) Director--The director of the Texas Department of Public Safety or the designee of the director.(5) Fusion center--A fusion center as defined in Texas Government Code, §421.001(2-a).(6) Texas Fusion Center--The fusion center designated by the Office of the Governor as the Category 1 - primary fusion center for the state.(7) Recognized fusion center--A recognized fusion center as defined in Texas Government Code, §421.001(5) that has been designated by the Office of the Governor as a Category 2 - recognized fusion center in this state in accordance with applicable federal guidelines.(8) Suspicious activity report--Official documentation of reported or observed activity or behavior that based on fusion center personnel's training and experience is believed to be indicative of intelligence gathering or preoperational planning related to terrorism, criminal, or other illicit intention.(9) Texas suspicious activity reporting network--The statewide network developed by the department to receive, process, document, analyze, and share suspicious activity reporting for the state in order to create a holistic view of terrorism or crime-related suspicious activity in Texas, in a manner consistent with the findings and recommendations of the Suspicious Activity Report Support and Implementation Project and that complies with the Information Sharing Environment-Suspicious Activity Reporting Functional Standard adopted by the Office of the Director of National Intelligence.</content><note type="source"><p>Source Note: The provisions of this §38.1 adopted to be effective March 8, 2021, 46 TexReg 1512.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c38/scA/s38.2"><num value="38.2">§38.2</num><heading>Common Concept of Operations for Fusion Centers</heading><content>(a) A fusion center shall achieve and maintain the baseline fusion center capabilities and follow the baseline standards in this section to protect privacy, civil rights, civil liberties and promote consistency and interoperability between the fusion centers in the state.(b) A fusion center must have oversight and management by a state or local government criminal justice agency as defined by 28 CFR §20.3(g).(c) A fusion center shall receive and maintain certification from the United States Department of Homeland Security that the fusion center has privacy, civil rights and civil liberties protections in place that are determined to be at least as comprehensive as the Information Sharing Environment Privacy Guidelines published by the Office of the Director of National Intelligence.(d) A fusion center shall maintain an all-crimes approach to recognize there is a nexus between certain types of criminal activity. A fusion center shall develop routine threat and risk assessments to assist in prioritizing specific crimes or hazards a region or the state should address and to identify other sources of information that may be useful to examine possible connections with other crimes.(e) A fusion center shall process, document, analyze and share all vetted suspicious activity reported to or identified by fusion center personnel with the Texas Suspicious Activity Reporting Network. A fusion center must begin the suspicious activity report vetting process within the Texas Suspicious Activity Reporting Network within twenty-four hours of receiving a report or identifying the suspicious activity.(f) A fusion center shall respond to a request from the Texas Fusion Center for information relevant to a statewide or regional threat assessment.</content><note type="source"><p>Source Note: The provisions of this §38.2 adopted to be effective March 8, 2021, 46 TexReg 1512.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c38/scA/s38.3"><num value="38.3">§38.3</num><heading>Annual Capabilities Assessment</heading><content>(a) All recognized fusion centers shall participate in an annual risk and vulnerability assessment process identified by the department to verify the achievement and maintenance of baseline fusion center capabilities, additional recommended fusion center capabilities documented by the U.S. Department of Homeland Security and the capabilities in §38.2 of this title (relating to Common Concept of Operations for Fusion Centers).(b) The director shall report the findings of the annual fusion center assessments to the Office of the Governor.(c) The department may audit a recognized fusion center's adherence to the processes identified in the annual baseline capability assessment and the authenticity and accuracy of information reported during the annual baseline capability assessment.(d) The annual capabilities assessment submitted by a recognized fusion center to the department is collected and reported by the department to the Office of the Governor for the purpose of identifying risk and vulnerability of the state's homeland security and information sharing and analytical network and shall be considered confidential under Texas Government Code, §418.177.</content><note type="source"><p>Source Note: The provisions of this §38.3 adopted to be effective March 8, 2021, 46 TexReg 1512.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p1/c39"><num value="39">CHAPTER 39</num><heading>AUTOMATED MOTOR VEHICLES</heading><subchapter identifier="/us/state/tx/tac/t37/p1/c39/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p1/c39/sc/s39.1"><num value="39.1">§39.1</num><heading>Purpose and Scope</heading><content>This chapter prescribes the form and manner by which a person must submit a first responder interaction plan to the department specifying how a first responder should interact with the automated motor vehicle during the provision of services under Transportation Code, §545.455.</content><note type="source"><p>Source Note: The provisions of this §39.1 adopted to be effective January 1, 2026, 50 TexReg 8623.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c39/sc/s39.2"><num value="39.2">§39.2</num><heading>Definitions</heading><content>(a) The definitions contained in Transportation Code, Chapter 545, Subchapter J govern this chapter. In the event of a conflict, the definitions referenced in Transportation Code, Chapter 545, Subchapter J control.(b) First responder--A person who provides firefighting, law enforcement, ambulance, medical, or other emergency services.(c) First responder interaction plan--A document of procedures that are developed by an authorization holder, manufacturer of an automated motor vehicle, or manufacturer of an automated driving system to be used by first responders when interacting with an automated motor vehicle.</content><note type="source"><p>Source Note: The provisions of this §39.2 adopted to be effective January 1, 2026, 50 TexReg 8623.</p></note></section><section identifier="/us/state/tx/tac/t37/p1/c39/sc/s39.3"><num value="39.3">§39.3</num><heading>Submission Requirements</heading><content>(a) Prior to seeking authorization from the Texas Department of Motor Vehicles to operate one or more automated motor vehicles under Transportation Code, §545.456, a person must provide a first responder interaction plan to the department.(b) A first responder interaction plan for one or more automated motor vehicles under Transportation Code, §545.455 must be:(1) Submitted electronically in the department's designated system; and(2) Prepared by or on behalf of the authorization holder, the manufacturer of the automated motor vehicle, or the manufacturer of the automated driving system.(c) A first responder interaction plan must contain:(1) How to communicate with a fleet support specialist who is available during the period in which the automated motor vehicle is in operation. The means of communication must include a telephone number that is prominently displayed on the vehicle in distinguishing markings that are sufficient to ensure clear identification by first responders. A Quick Response (QR) code must be affixed and displayed next to the telephone number which when scanned provides the first responder with direct electronic access to the first responder interaction plan;(2) How to safely remove the automated motor vehicle from the roadway and safely tow the vehicle;(3) How to recognize whether the automated motor vehicle is being operated with the automated driving system engaged;(4) Any additional information the authorization holder, the manufacturer of the automated motor vehicle, or the manufacturer of the automated driving system considers necessary regarding hazardous conditions or public safety risks associated with the operation of the vehicle; and(5) Contact information for the person that prepared, or on whose behalf the plan was prepared, the first responder interaction plan. The contact information must include the name, title, and contact details of the designee authorized and responsible for any enforcement action arising during the operation of the automated motor vehicle.(d) Following the initial submission of a first responder interaction plan, a person, the manufacturer of the automated motor vehicle, or the manufacturer of the automated driving system must provide the department with an updated first responder interaction plan whenever a material change occurs or upon request of the department to ensure the information remains accurate and current. The person must electronically submit the updated plan consistent with subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §39.3 adopted to be effective January 1, 2026, 50 TexReg 8623.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p4"><num value="4">PART 4</num><heading>TEXAS MILITARY DEPARTMENT</heading><chapter identifier="/us/state/tx/tac/t37/p4/c130"><num value="130">CHAPTER 130</num><heading>BUILDING CONSTRUCTION ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c130/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c130/sc/s130.1"><num value="130.1">§130.1</num><heading>General</heading><content>The Texas Military Department will follow the guidelines provided for in the Texas Military Department Contract Management Guide located on the agency website and all applicable state statutes and federal regulations for Facilities Design and Construction. The Texas Military Department's Contract Management Guide is accessible at https://tmd.texas.gov/ and the State of Texas Procurement Manual is accessible at https://comptroller.texas.gov/purchasing/.</content><note type="source"><p>Source Note: The provisions of this §130.1 adopted to be effective July 3, 2018, 43 TexReg 4469.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c132"><num value="132">CHAPTER 132</num><heading>SALE OF DEPARTMENT PROPERTY</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c132/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c132/sc/s132.1"><num value="132.1">§132.1</num><heading>Real Property</heading><content>(a) To be eligible for sale, the property must be fully paid for and free of liens incurred in connection with the acquisition and construction of the property. For purposes of this section, a federal debt is not considered a lien. However, any debt or obligation may be satisfied at the time of sale. If title insurance is provided, it may serve notice that any debt or obligation is satisfied. Finally, to be eligible for sale, the Adjutant General declares the property surplus.(b) The real property shall be advertised for sale to the highest bidder.(c) The advertisement shall be published in such a way to ensure the public has notice of the department's intent to sell a particular property. The notice must be included in at least one newspaper of general circulation including, if possible, the county in which the real property is located and/or published in an online-advertisement and published in the Texas Electronic Business Daily.(d) The advertisement shall notify bidders of the following:(1) Whether bids will be taken openly, through a sealed bid process or public auction;(2) That all bids must be in written form if conducted by sealed bid;(3) That bids are due at a specified time, place and date;(4) That the real property interests shall be conveyed by Special Warranty Deed or Deed Without Warranty;(5) That the agency shall retain all mineral interest. The agency may retain water and other energy sources that may be deemed in the best interest of the agency; and(6) The department may reject any and all bids.(e) If the original grantor or donor is a governmental entity, the department may convey to the original grantor or donor, at fair market value based on an independent appraisal, the real property, and any improvements existing on the land at the time of divestiture, including those made to the land by the department. If the original grantor or donor declines to purchase the real property and improvements at a fair market value based on an independent appraisal, the department will initiate a sealed bidding or auction process.</content><note type="source"><p>Source Note: The provisions of this §132.1 adopted to be effective July 3, 2018, 43 TexReg 4470.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c133"><num value="133">CHAPTER 133</num><heading>PROCUREMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c133/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c133/sc/s133.1"><num value="133.1">§133.1</num><heading>Procurement</heading><content>The Texas Military Department (TMD) follows state bidding requirements administered by the Texas Comptroller of Public Accounts and complies with the rules and procedures set forth in the State of Texas Procurement Manual and the Texas Military Department's Contract Management Guide. The State of Texas Procurement Manual is accessible at: https://comptroller.texas.gov/purchasing/publications/procurement-manual.php.</content><note type="source"><p>Source Note: The provisions of this §133.1 adopted to be effective July 3, 2018, 43 TexReg 4470.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c134"><num value="134">CHAPTER 134</num><heading>PROTESTS</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c134/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c134/sc/s134.1"><num value="134.1">§134.1</num><heading>Protests</heading><content>(a) The following words and terms, when used in this section, shall have the following meaning unless the context clearly indicates otherwise.(1) Texas Military Department (TMD), an agency of the state.(2) Procurement Director - procurement director of TMD.(3) Executive Director - executive director and administrative head of the TMD.(4) Interested Parties - All vendors who have submitted bids, proposals or other expressions of interest for the provision of goods or services pursuant to a contract with Statewide Procurement Division of the comptroller's office.(b) Any actual or prospective bidder, offeror, or contractor who considers himself to have been aggrieved in connection with the solicitation, evaluation, or award of a contract by TMD may formally protest to the procurement director of TMD. Such protests must be made in writing and received by the procurement director within 10 working days after the protesting party knows, or should have known, of the occurrence of the action that is protested. Formal protests must conform to the requirements of subsections (b) and (d) of this section, and shall be resolved through use of the procedures that are described in subsections (c) - (i) of this section. The protesting party must mail or deliver copies of the protest to the using agency and other interested parties.(c) In the event of a timely protest under this section, TMD shall not proceed further with the solicitation or award of the contract unless procurement director of TMD makes a written determination that the contract must be awarded without delay, to protect the best interests of the state.(d) A formal protest must be sworn and contain:(1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated;(2) a specific description of each action by TMD that the protesting party has identified pursuant to paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) a statement of any issues of law or fact that the protesting party contends must be resolved; and(5) a statement of the argument and authorities that the protesting party offers in support of the protest;(e) The procurement director of TMD may settle and resolve the dispute over the solicitation or award of a contract at any time before the matter is submitted on appeal to the Executive Director of TMD. The procurement director of TMD may solicit written responses to the protest from other interested parties.(f) If the protest is not resolved by mutual agreement, the procurement director of TMD shall issue a written determination that resolves the protest.(1) If the procurement director TMD determines that no violation of statutory or regulatory provisions has occurred, then the procurement director of TMD shall inform the protesting party by letter that sets forth the reasons for the determination.(2) If the procurement director of TMD determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has not been awarded, then the procurement director of TMD shall inform the protesting party of that determination by letter that details the reasons for the determination and the appropriate remedy.(3) If the procurement director of TMD determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has been awarded, the procurement director of TMD shall inform the protesting party of that determination by letter that details the reasons for the determination. This letter may include an order that declares the previously awarded contract void.(g) The protesting party may appeal a determination of a protest by the procurement director of TMD to the executive director of TMD. An appeal of the procurement director's determination must be in writing and received by TMD not later than 10 working days after the date on which the procurement director has sent written notice of their determination. The scope of the appeal shall be limited to review of the procurement director's determination.(1) The executive director shall issue a written letter of determination of the appeal to the parties which shall be final.(2) A protest or appeal that is not filed timely shall not be considered unless good cause for delay is shown or the appeal raises issues that are significant to agency procurement practices or procedures in general.(3) A written decision by the procurement director shall be the final administrative action of TMD unless appealed to the executive director. In the case of appeal, the executive director's decision will serve as the final administrative action of TMD.(h) TMD shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the retention schedule of TMD.</content><note type="source"><p>Source Note: The provisions of this §134.1 adopted to be effective July 3, 2018, 43 TexReg 4471.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c135"><num value="135">CHAPTER 135</num><heading>TUITION ASSISTANCE</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c135/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c135/sc/s135.1"><num value="135.1">§135.1</num><heading>Tuition Assistance</heading><content>(a) Scope and Purpose. The Texas Military Department (TMD) provides training opportunities to enhance job skills and to retain a well-qualified, trained, professional workforce dedicated to TMD's mission. The Tuition Assistance Program (TAP) training includes instruction, teaching, or other education received by a state employee that is not normally received by other state employees and that is designed to enhance the employee's ability to perform his or her job. This section establishes general eligibility and related requirements for employee participation in TMD's TAP.(b) Eligibility. Eligibility requirements for tuition assistance include, but are not limited to:(1) continuous and full-time employment for one year at the time of application;(2) a recommendation from the employee's supervisor;(3) identification of the relationship of the training to the employee's position or a prospective role within the Agency;(4) any other factor deemed relevant by the executive director; and(5) coursework or training be obtained at an accredited institution of higher education, as required by statute.(c) Restitution from Employees for Training Costs. The employee training is conditional upon all the following:(1) The employee shall attend and successfully complete the training or education program, including passing tests or other types of performance measures where required.(2) At the authorization of the TMD's executive director, the employee shall complete and file with the Office of Executive Director (OED) prior to the commencement of the training, on forms prescribed by the OED, an employee training agreement that sets forth the terms and conditions of the training assistance, including a provision for working for the Agency for a prescribed period of time or paying back the amount of the assistance.(3) An employee participating in the TAP must agree in writing, prior to beginning the coursework, to a six-month service commitment to TMD.(4) Employees who do not comply with the length of service requirement must reimburse the TMD for both the cost of the training activities (prorated to credit any full calendar month of employment following completion of the course) and any reasonable expenses the TMD incurs in obtaining restitution, including reasonable attorney's fees.(5) Employees who are unable to comply with the length of service requirement due to extraordinary circumstances beyond their control may request the executive director to waive the reimbursement.(6) Employees approved for the TAP may flex their work schedule with the approval of their supervisor if there is no negative impact on customers or work production. Employees cannot use work hours for attending classes, studying, taking exams, or other activities associated with the coursework. When such activities fall within an employee's normal work schedule, the employee must use leave hours to compensate for time away from the job.(d) Any information relating to application for and receipt of reimbursement for training and education for state administrators and employees shall be reported to the OED on a quarterly basis.(e) This rule contemplates that the executive director will adopt a policy that further details the application process, requirements and limitations on tuition assistance. Tuition assistance is based on available funds and is not guaranteed for any employee of TMD.</content><note type="source"><p>Source Note: The provisions of this §135.1 adopted to be effective July 3, 2018, 43 TexReg 4472.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c136"><num value="136">CHAPTER 136</num><heading>HISTORICALLY UNDERUTILIZED BUSINESSES</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c136/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c136/sc/s136.1"><num value="136.1">§136.1</num><heading>Historically Underutilized Businesses</heading><content>Pursuant to Texas Government Code, §2161.003, the Department adopts the comptroller's rules related to administering Texas Government Code, Chapter 2161, Subchapters B and C regarding Historically Underutilized Businesses, found at Texas Administrative Code, Title 34, Part 1, Chapter 20, Subchapter D, Division 1.</content><note type="source"><p>Source Note: The provisions of this §136.1 adopted to be effective July 3, 2018, 43 TexReg 4472.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c137"><num value="137">CHAPTER 137</num><heading>LEAVE POOL</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c137/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c137/sc/s137.1"><num value="137.1">§137.1</num><heading>Family Leave Pool</heading><content>A family leave pool is established to provide eligible employees more flexibility, bonding, and caring for a seriously ill children during a child's first year following birth, adoption, or foster placement, and caring for a seriously ill family member or the employee, including pandemic-related illnesses or complications caused by a pandemic.(1) The director of human resources is designed as the pool administrator.(2) The pool administrator, with the advice and consent of the director of state administration, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.(3) Donations to the pool are strictly voluntary.</content><note type="source"><p>Source Note: The provisions of this §137.1 adopted to be effective November 3, 2021, 46 TexReg 7426.</p></note></section><section identifier="/us/state/tx/tac/t37/p4/c137/sc/s137.2"><num value="137.2">§137.2</num><heading>Sick Leave Pool</heading><content>A sick leave pool is established to alleviate hardship caused to an employee and the employee's immediate family if a catastrophic injury or illness forces the employee to exhaust all accrued paid leave time earned by that employee and to lose compensation time from the state.(1) The director of human resources is designated as the pool administrator.(2) The pool administrator, with the advice and consent of the director of the state administration, will establish operating procedures consistent with the requirements of this section and relevant law governing operation of the pool.(3) Donations to the pool are strictly voluntary.</content><note type="source"><p>Source Note: The provisions of this §137.2 adopted to be effective November 3, 2021, 46 TexReg 7426.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p4/c138"><num value="138">CHAPTER 138</num><heading>HAZARDOUS PROFESSION DEATH BENEFITS</heading><subchapter identifier="/us/state/tx/tac/t37/p4/c138/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p4/c138/sc/s138.1"><num value="138.1">§138.1</num><heading>Applicability</heading><content>(a) This rule applies to a member of the Texas Military Forces whose death occurs on or after September 1, 2023. For purposes of this rule, a death that occurs before September 1, 2023, is governed by the law in effect on the date the death occurred, and the former law is continued in effect for that purpose.(b) A survivor of an individual who is a member of the Texas Military Forces is eligible to receive a lump sum payment under Texas Government Code Section 615.022 and monthly assistance under Section 615.023, as applicable, if:(1) the individual died while on state active duty;(2) the Texas Military Department certifies to the Employees Retirement System of Texas (ERS) that the circumstances of the individual's death entitle an eligible survivor to the payment of assistance under Chapter 615 of the Texas Government Code; and(3) the survivor is:(A) a beneficiary designated by the individual on the individual's United States Department of Defense Form DD-93; or(B) a beneficiary designated by the individual on the Texas Military Department Record of Emergency Data form; or(4) if there is no beneficiary described by Paragraph (3)(a) or (3)(b) of this section:(A) the surviving spouse of the decedent;(B) a surviving child of the decedent if there is no surviving spouse; or(C) the surviving parent of the decedent if there is no surviving spouse or child.(c) For purposes of this rule, a death on state active duty means the individual died because of a personal injury sustained in the line of duty in connection with the performance of military or emergency service for this state at the call of the governor or the governor's designee.(1) "Personal injury" means an injury resulting from an external force, an activity, or a medical condition caused by or resulting from:(A) a line-of-duty accident; or(B) a medical condition caused by line-of-duty work under hazardous conditions.(2) "Line of duty" means an action the individual is required or authorized by rule, condition of employment, or law to perform. The term includes, but is not limited to:(A) an action by the individual at a social, ceremonial, athletic, or other function to which the individual is assigned by the individual's employer; and(B) an action performed as part of a training program the individual is required or authorized by rule, condition of employment, or law to undertake.</content><note type="source"><p>Source Note: The provisions of this §138.1 adopted to be effective January 28, 2024, 49 TexReg 281.</p></note></section><section identifier="/us/state/tx/tac/t37/p4/c138/sc/s138.2"><num value="138.2">§138.2</num><heading>Eligibility Determination</heading><content>(a) The Department will utilize the investigative procedures established in Army Regulation 600-8-4, Line of Duty Policy, Procedures, and Investigations, to verify the line of duty death of an individual in the Texas Military Forces, for purposes of confirming survivor eligibility for benefit payments under Chapter 615 of the Texas Government Code.(b) In a determination of whether the survivor of a decedent listed under Section 615.003 is eligible for benefits under Chapter 615, any reasonable uncertainty arising from the circumstances of the individual's death shall be resolved in favor of the payment of benefits to the survivor.</content><note type="source"><p>Source Note: The provisions of this §138.2 adopted to be effective January 28, 2024, 49 TexReg 281.</p></note></section><section identifier="/us/state/tx/tac/t37/p4/c138/sc/s138.3"><num value="138.3">§138.3</num><heading>Filing the Claim</heading><content>(a) Upon determination by the Department that assistance is payable to an eligible survivor under Section 615.024 of the Texas Government Code, and verification of beneficiary information, the Department shall certify the following information on agency letterhead and submit the certification to Employees Retirement System (ERS) to initiate the payment process:(1) Name of decedent;(2) Date of death;(3) Status of decedent at the time of death (i.e., State Active Duty and Specific Mission);(4) Line of Duty determination: Yes/No; and(5) Certification of Eligibility: Yes/No(b) The Adjutant General or designee will serve as the certifying official for purposes of the Department certification.(c) In addition to the Department certification, the following documentation must be submitted to ERS:(1) a copy of the decedent's state active duty orders;(2) a certified copy of the death certificate;(3) a copy of the decedent's United States Department of Defense Form DD-93 for an individual in the Texas National Guard; or for the Texas State Guard, a Texas Military Department Record of Emergency Data form that provides emergency data comparable to that on the United States Department of Defense Form DD-93; and(4) the name(s) and contact information for the beneficiary or beneficiaries to receive payment.(d) Claims submitted to ERS by the Department will be processed for payment to the eligible beneficiary in accordance with Texas Government Code Chapter 615 and, as applicable, ERS Rule related to the filing of claims, 75 TAC §75.1.</content><note type="source"><p>Source Note: The provisions of this §138.3 adopted to be effective January 28, 2024, 49 TexReg 281.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p5"><num value="5">PART 5</num><heading>TEXAS BOARD OF PARDONS AND PAROLES</heading><chapter identifier="/us/state/tx/tac/t37/p5/c141"><num value="141">CHAPTER 141</num><heading>GENERAL PROVISIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scA"><num value="A">SUBCHAPTER A</num><heading>BOARD OF PARDONS AND PAROLES</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scA/s141.1"><num value="141.1">§141.1</num><heading>Presiding Officer</heading><content>(a) The Presiding Officer (Chair) is designated by the Governor and serves in that capacity at the pleasure of the Governor. The Presiding Officer reports directly to the Governor and serves as the administrative head of the Board. The Presiding Officer acts as spokesperson for the Board.(b) The Presiding Officer may:(1) delegate responsibilities and authority to other members of the Board, Parole Commissioners, or to employees of the Board;(2) appoint advisory committees from the membership of the Board or from Parole Commissioners to further the efficient administration of Board business;(3) establish policies and procedures to further the efficient administration of the business of the Board; and(4) provide a written plan for the administrative review of actions taken by a parole panel by a review panel.(c) The Presiding Officer shall:(1) develop and implement policies that clearly separate the policy-making responsibilities of the Board and the management responsibilities of the Board Administrator, Parole Commissioners, and the staff of the Board;(2) establish caseloads and required work hours for members of the Board and Parole Commissioners;(3) develop policies to ensure Board Members and Parole Commissioners implement the updated parole guidelines and assign precedential value to previous decisions of the Board relating to the granting of parole and the revocation of parole or mandatory supervision, and develop policies to ensure that members of the Board and Parole Commissioners use updated parole guidelines and previous decisions of the Board and Parole Commissioners in making decisions;(4) require members of the Board and Parole Commissioners to file activity reports that provide information on release decisions made by members of the Board and Parole Commissioners, the workload and hours worked of the members of the Board and Parole Commissioners, and the use of parole guidelines by members of the Board and Parole Commissioners;(5) report annually on all activities of the Board and Parole Commissioners, parole release decisions and the use of parole guidelines by the Board and Parole Commissioners to the Governor and the Legislature; and(6) designate the composition of each parole panel and designate panels composed of at least one Board Member and any combination of Board Members and Parole Commissioners.(d) The Presiding Officer is responsible for the employment and supervision of:(1) Parole Commissioners;(2) a General Counsel to the Board;(3) a Board Administrator to manage the day-to-day activities of the Board;(4) a Public Information Officer;(5) a Budget Director;(6) Hearing Officers;(7) Institutional Parole Officers;(8) personnel to assist in clemency and hearing matters; and(9) secretarial or clerical personnel.</content><note type="source"><p>Source Note: The provisions of this §141.1 adopted to be effective July 1, 1994, 19 TexReg 4750; amended to be effective June 30, 1998, 23 TexReg 6721; amended to be effective September 26, 2002, 27 TexReg 8963; amended to be effective February 5, 2004, 29 TexReg 1206; amended to be effective November 30, 2011, 36 TexReg 8040; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3879.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scA/s141.3"><num value="141.3">§141.3</num><heading>Board Administration</heading><content>(a) The transaction of business before the Board requires a quorum of the Board and decisions require a majority of the quorum. Four members of the Board constitute a quorum.(b) The Board shall:(1) adopt rules which govern the decision-making processes of the Board and parole panels;(2) prepare information of public interest describing the functions of the Board and make the information available to the public and appropriate state agencies;(3) comply with federal and state laws related to program and facility accessibility;(4) prepare annually a complete and detailed written report that meets the reporting requirements applicable to financial reporting provided in the General Appropriations Act and accounts for all funds received and disbursed by the Board during the preceding fiscal year;(5) develop for Board Members and Parole Commissioners a comprehensive training and education program on the criminal justice system, with special emphasis on the parole process;(6) develop and implement a training program that each newly hired employee of the Board designated to conduct hearings under Section 508.281, Government Code, must complete before conducting a hearing without the assistance of a Board Member or experienced Parole Commissioner or designee;(7) develop and implement a training program to provide an annual update to designees of the Board on issues and procedures relating to the revocation process;(8) prepare and biennially update a procedural manual to be used by designees of the Board. The Board shall include in the manual:(A) descriptions of decisions in previous hearings determined by the Board to have value as precedents for decisions in subsequent hearings;(B) laws and court decisions relevant to decision making in hearings; and(C) case studies useful in decision making in hearings;(9) prepare and update as necessary a handbook to be made available to participants in hearings under Texas Government Code, Section 508.281, such as defense attorneys, persons released on parole or mandatory supervision, and witnesses. The handbook must describe in plain language the procedures used in a hearing under Texas Government Code, Section 508.281;(10) develop and implement a policy that clearly defines circumstances under which a Board Member or Parole Commissioner should disqualify himself or herself from voting on:(A) a parole decision; or(B) a decision to revoke parole or mandatory supervision;(11) after consultation with the Governor and the Texas Board of Criminal Justice, adopt a mission statement that reflects the responsibilities for the operation of the parole process that are assigned to the Board, the Division, the Department, or the Texas Board of Criminal Justice;(12) include in the mission statement a description of specific locations at which the Board intends to conduct business related to the operation of the parole process;(13) adopt rules relating to:(A) the submission and presentation of information and arguments to the Board, a parole panel, and the Department for and in behalf of an inmate; and(B) the time, place, and manner of contact between a person representing an inmate and:(i) a member of the Board or a Parole Commissioner;(ii) an employee of the Board; or(iii) an employee of the Department;(14) develop according to an acceptable research method the parole guidelines that are the basic criteria on which a parole decision is made; and(15) adopt a policy establishing the date on which the Board may reconsider for release an inmate who has previously been denied release.</content><note type="source"><p>Source Note: The provisions of this §141.3 adopted to be effective July 1, 1994, 19 TexReg 4750; amended to be effective June 30, 1998, 23 TexReg 6721; amended to be effective June 11, 2002, 27 TexReg 4990; amended to be effective February 5, 2004, 29 TexReg 1206; amended to be effective November 30, 2011, 36 TexReg 8041; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3879; amended to be effective September 8, 2022, 47 TexReg 5340.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scA/s141.4"><num value="141.4">§141.4</num><heading>Meetings</heading><content>(a) The members of the Board shall meet at least once in each quarter of the calendar year at a site determined by the Chair, or(b) The Board meets at the call of the Chair.</content><note type="source"><p>Source Note: The provisions of this §141.4 adopted to be effective July 1, 1994, 19 TexReg 4750; amended to be effective June 30, 1998, 23 TexReg 6721; amended to be effective November 14, 2004, 29 TexReg 10269; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3879.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scA/s141.5"><num value="141.5">§141.5</num><heading>Parliamentary Authority</heading><content>(a) The current edition of Robert's Rules of Order shall govern the conduct of all meetings of the Board except as may be otherwise specified in statutory law or herein.(b) All documents evidencing the actions taken by the Board during a meeting shall be authenticated by the Presiding Officer's signature pursuant to Robert's Rules of Order.</content><note type="source"><p>Source Note: The provisions of this §141.5 adopted to be effective July 1, 1994, 19 TexReg 4751; amended to be effective June 11, 2002, 27 TexReg 4990; amended to be effective September 16, 2010, 35 TexReg 8382; amended to be effective August 13, 2017, 42 TexReg 3879; amended to be effective September 8, 2022, 47 TexReg 5340.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scA/s141.7"><num value="141.7">§141.7</num><heading>Composition of Parole Panels</heading><content>The Chair shall designate the composition of each panel.</content><note type="source"><p>Source Note: The provisions of this §141.7 adopted to be effective June 30, 1998, 23 TexReg 6721; amended to be effective June 11, 2002, 27 TexReg 4990; amended to be effective August 13, 2017, 42 TexReg 3879.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scB"><num value="B">SUBCHAPTER B</num><heading>RULEMAKING</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scB/s141.51"><num value="141.51">§141.51</num><heading>Use and Effect of Rules</heading><content>These rules are prescribed for the performance of the constitutional and statutory powers and functions vested in the Board. In no event shall they or any of them be construed as a limitation or restriction upon the exercise of any discretion by the Board or by a parole panel.</content><note type="source"><p>Source Note: The provisions of this §141.51 adopted to be effective July 1, 1994, 19 TexReg 4751; amended to be effective August 13, 2017, 42 TexReg 3879.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scB/s141.57"><num value="141.57">§141.57</num><heading>Petition for Adoption of Rule</heading><content>(a) Any interested person may petition the Board requesting the adoption of a rule.(b) A petition shall be mailed to the General Counsel of the Texas Board of Pardons and Paroles at P.O. Box 13401, Austin, Texas 78711.(c) The petition must be submitted in writing, must be identified as Petition for Adoption of Rule, and must comply with the following requirements:(1) each rule requested must be requested by separate petition;(2) each petition must state the name and address of the petitioner;(3) each petition must be delivered to the General Counsel of the Board at its Austin office; and(4) each petition shall include:(A) a brief explanation of the proposed rule; and(B) the text of the proposed rule prepared in a manner to indicate the words to be added or deleted in the current text, if any.(d) If the General Counsel determines that further information is necessary, the General Counsel may require that the petitioner resubmit the petition and that it contain:(1) A statement of statutory authority or authority under which the rule is to be promulgated;(2) Whether there will be an impact on the employment of the local economy;(3) If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:(A) An economic impact statement which details the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect, and describes alternative methods of achieving the purpose of the proposed rule; and(B) A regulatory flexibility analysis as defined in Section 2006.002(d), Government Code. In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators, and a timeline for the process.(e) Consideration and Disposition of the Petition.(1) Except as provided in subsection (f) of this rule, the Chair, in consultation with the General Counsel, shall consider and reject or approve petitions submitted.(2) Within 60 days after receipt of a petition by the General Counsel, or within 60 days after receipt by the General Counsel of a resubmitted petition in accordance with subsection (d) of this rule, the Chair, in consultation with the General Counsel, shall consider the petition and shall either deny it in writing, stating its reasons for denial, or shall initiate rulemaking proceedings in accordance with Section 2001.021, Government Code.(3) A petition may be denied for failure to comply with the petition requirements of this rule.(4) If the Chair, in consultation with the General Counsel, denies the petition, the General Counsel shall give the petitioner written notice of the denial and the reasons for the denial.(f) The General Counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within one year after the date of the initial petition.</content><note type="source"><p>Source Note: The provisions of this §141.57 adopted to be effective July 1, 1994, 19 TexReg 4752; amended to be effective October 20, 1998, 23 TexReg 10655; amended to be effective February 5, 2004, 29 TexReg 1207; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3879; amended to be effective September 8, 2022, 47 TexReg 5341.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scC"><num value="C">SUBCHAPTER C</num><heading>SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scC/s141.60"><num value="141.60">§141.60</num><heading>Submission and Presentation of Information</heading><content>(a) Unless otherwise authorized, information and arguments in support of an offender shall be in writing.(b) Except as provided in subsection (c) of this rule, all information and arguments in support of an offender's release shall be submitted at any time to the Review and Release Processing Section-TDCJ, Austin, Texas.(c) When an offender's case is in the review period, copies of all information and arguments in support of an offender's release may be submitted to members of the parole panel designated to consider the case.(d) For the purpose of this rule, the review period shall be greater than two months but less than six months prior to the month of the next schedule review period.</content><note type="source"><p>Source Note: The provisions of this §141.60 adopted to be effective October 20, 1998, 23 TexReg 10656; amended to be effective September 26, 2002, 27 TexReg 8964; amended to be effective September 17, 2003, 28 TexReg 7997; amended to be effective January 9, 2005, 29 TexReg 12236; amended to be effective February 18, 2009, 34 TexReg 1094; amended to be effective August 13, 2017, 42 TexReg 3879.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scC/s141.61"><num value="141.61">§141.61</num><heading>Representation of an Offender</heading><content>(a) Persons representing an offender pursuant to Chapter 508, Subchapter C, Government Code, may appear before a member of the Board or Parole panel designated to consider the offender's case.(b) Requests for appearances by persons representing offenders shall be only submitted when the offender's case is under review, during the review period, and at the discretion of the members of the parole panel designated to review the case.(c) The time, place, and manner of contact between a person representing an offender and a member of the Board or an employee of the Board shall be established by the members of the parole panel designated to review the case.(d) For the purpose of this rule, the review period shall mean greater than two months but less than six months prior to the month of the next scheduled review period.</content><note type="source"><p>Source Note: The provisions of this §141.61 adopted to be effective October 20, 1998, 23 TexReg 10656; amended to be effective September 26, 2002, 27 TexReg 8964; amended to be effective September 17, 2003, 28 TexReg 7997; amended to be effective January 9, 2005, 29 TexReg 12236; amended to be effective June 8, 2008, 33 TexReg 4333; amended to be effective September 16, 2010, 35 TexReg 8383; amended to be effective August 13, 2017, 42 TexReg 3879; amended to be effective September 8, 2022, 47 TexReg 5341.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scC/s141.71"><num value="141.71">§141.71</num><heading>Minutes of the Board</heading><content>All minutes of the Board and parole panels, final decisions relating to parole, mandatory supervision, pardons, and clemency shall be matters of public record.</content><note type="source"><p>Source Note: The provisions of this §141.71 adopted to be effective July 1, 1994, 19 TexReg 4752; amended to be effective June 11, 2002, 27 TexReg 4991; amended to be effective November 30, 2011, 36 TexReg 8041; amended to be effective August 13, 2017, 42 TexReg 3879.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scC/s141.72"><num value="141.72">§141.72</num><heading>Record of Decisions</heading><content>(a) All Board and parole panel decisions are maintained by the Division as the official custodian of all electronic and paper records obtained and maintained for offenders eligible for parole or mandatory supervision.(b) The Board shall keep records of their acts concerning clemency matters.</content><note type="source"><p>Source Note: The provisions of this §141.72 adopted to be effective July 1, 1994, 19 TexReg 4752; amended to be effective November 30, 2011, 36 TexReg 8041; amended to be effective August 13, 2017, 42 TexReg 3879; amended to be effective September 8, 2022, 47 TexReg 5341.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scD"><num value="D">SUBCHAPTER D</num><heading>REGISTRATION OF VISITORS AND FEE AFFIDAVITS</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scD/s141.81"><num value="141.81">§141.81</num><heading>Registration of Visitors</heading><content>Any person who appears before the Board or a parole panel, or before any Board Member, Parole Commissioner, or any Board employee whether in an interview or at a hearing, except those appearing as witnesses at a preliminary and/or revocation hearing or a sex offender condition hearing, for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the Board, shall register in the record of the Board as required by Section 2004.002, Government Code. A Board Member, Parole Commissioner, or representative of the Board shall protect the confidentiality of the victim as required by Section 508.313, Government Code.</content><note type="source"><p>Source Note: The provisions of this §141.81 adopted to be effective July 1, 1994, 19 TexReg 4752; amended to be effective February 5, 2004, 29 TexReg 1207; amended to be effective September 16, 2010, 35 TexReg 8383; amended to be effective November 30, 2011, 36 TexReg 8042; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3880; amended to be effective September 8, 2022, 47 TexReg 5341.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scD/s141.82"><num value="141.82">§141.82</num><heading>Fee Affidavits</heading><content>(a) Any person who represents an inmate for compensation before the Board or any of its members, before a parole panel, or any Board employee for the purpose of submitting or presenting information or arguments for and in behalf of any person within the jurisdiction of the Board, shall submit before such appearance a completed fee affidavit form to TDCJ.(b) The completed fee affidavit form shall state whether any fee has been, or is to be paid for his participation or services in the case and all other information required by Section 508.084, Government Code.(c) The submission of a completed fee affidavit is not considered a request for an interview. A copy of the completed fee affidavit shall be submitted to the Board or any of its members, a parole panel, or any Board employee at the time of such an appearance.</content><note type="source"><p>Source Note: The provisions of this §141.82 adopted to be effective May 1, 1995, 20 TexReg 2860; amended to be effective June 11, 2002, 27 TexReg 4991; amended to be effective August 10, 2014, 39 TexReg 5962; amended to be effective August 13, 2017, 42 TexReg 3880; amended to be effective September 8, 2022, 47 TexReg 5341.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scE"><num value="E">SUBCHAPTER E</num><heading>INTERVIEWS</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scE/s141.91"><num value="141.91">§141.91</num><heading>Purpose</heading><content>(a) Any Board Member, Parole Commissioner or representative of the Board may interview any person who wishes to present or submit information for and in behalf of any person within the jurisdiction of the Board upon proper registration and presentation of any necessary fee affidavit.(b) Such interview shall not be deemed to be a hearing and shall not be public.(c) A person shall request an interview, when the offender is in the review period as defined in §141.60(d) and §141.61(d) of this Chapter, by contacting the Board office of the parole panel designated to review the case.</content><note type="source"><p>Source Note: The provisions of this §141.91 adopted to be effective July 1, 1994, 19 TexReg 4753; amended to be effective February 5, 2004, 29 TexReg 1207; amended to be effective August 13, 2017, 42 TexReg 3880.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c141/scE/s141.92"><num value="141.92">§141.92</num><heading>Record</heading><content>The date, place, persons involved and purpose of such an interview shall be recorded and notes may be kept thereof for purposes of entering any information received into the confidential file of the person on whose behalf the interview is conducted.</content><note type="source"><p>Source Note: The provisions of this §141.92 adopted to be effective July 1, 1994, 19 TexReg 4753.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scF"><num value="F">SUBCHAPTER F</num><heading>SUBPOENAS</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scF/s141.101"><num value="141.101">§141.101</num><heading>Issuance of Subpoenas</heading><content>(a) A parole panel may issue subpoenas requiring the attendance of witnesses and the production of records, books, papers, and documents as deemed necessary for the investigation of the case of any person before a parole panel or designee of the Board.(b) Subpoenas may be issued following the completion of an application prescribed by the Board.(c) Subpoenas may be signed and oath administered by any member of the Board.</content><note type="source"><p>Source Note: The provisions of this §141.101 adopted to be effective May 1, 1995, 20 TexReg 2860; amended to be effective February 8, 1999, 24 TexReg 786; amended to be effective February 15, 2000, 25 TexReg 1129; amended to be effective February 5, 2004, 29 TexReg 1208; amended to be effective November 30, 2011, 36 TexReg 8042; amended to be effective August 13, 2017, 42 TexReg 3881.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c141/scG"><num value="G">SUBCHAPTER G</num><heading>DEFINITION OF TERMS</heading><section identifier="/us/state/tx/tac/t37/p5/c141/scG/s141.111"><num value="141.111">§141.111</num><heading>Definition of Terms</heading><content>The following words and terms used within these rules shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative Violation of Parole or Mandatory Supervision--A technical violation of parole or mandatory supervision which does not allege criminal conduct.(2) Affinity (Marriage)--A husband-wife relationship (first degree). By virtue of the marriage, a spouse is also related to individuals related to the other spouse by blood (consanguinity), and the degree of relationship by affinity is the same as the underlying relationship of consanguinity. The ending of a marriage by divorce or death of a spouse ends relationships of affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives.(3) Board--The Texas Board of Pardons and Paroles, consisting of seven members appointed by the Governor.(4) Commutation of sentence--An act of clemency by the Governor which serves to modify the conditions of a sentence.(5) Conditional pardons--A form of executive clemency granted by the Governor which serves to release a person from the conditions of his or her sentence and any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered, for purposes of revocation thereof, to be a releasee.(6) Consanguinity--A relationship in which one individual is related to another individual where one is a descendant of the other or where they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose. The degree of relationship by consanguinity may be determined by adding the number of generations between an individual and the individual's ancestor or descendant.(7) Consanguinity within the third degree--An individual's relatives within the third degree by consanguinity are the individual's parent or child (relatives in the first degree); brother, sister, grandparent, or grandchild (relatives in the second degree); and great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of an individual (relatives in the third degree).(8) CU/FI--Consecutive felony sentence vote that designates the date on which the offender would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This is not a vote to release on parole.(9) CU/NR--Consecutive felony sentence vote to deny favorable parole action and set for review on a future specific month and year (set-off).(10) CU/SA--Consecutive felony sentence vote to deny parole and not release the offender until the serve-all date.(11) DMS--Mandatory supervision vote to deny release to mandatory supervision and set for review on a future specific month and year (set-off).(12) Department--The Texas Department of Criminal Justice.(13) Division--The Parole Division of the Texas Department of Criminal Justice.(14) Early Release on Parole--The discretionary release of an offender from incarceration, but not from the legal custody of the state, approximately 180 days prior to the offender's parole eligibility date, under such conditions and provisions for supervision as a parole panel may determine.(15) Eligible inmate--An offender who has been sentenced to a term of imprisonment in the Texas Department of Criminal Justice Correctional Institutions Division; is confined in a penal or correctional institution, including a jail or a correctional institution in another state; and is eligible for release on parole.(16) Fiduciary--A person holding a position of trust, who has the duty, created by the undertaking, to act primarily for another's benefit in that undertaking.(17) Full Pardon--An unconditional act of executive clemency by the Governor which serves to release a person from the conditions of his or her sentence and from any disabilities imposed by law thereby.(18) Further Investigation (FI)--An initial determination by a parole panel favorable to parole of an offender, subject to additional investigation and processing.(19) Hearing Officer--A staff member designated by the Board and assigned to conduct a preliminary or revocation hearing concerning one or more allegations of violation of the terms and conditions of parole, mandatory supervision, or conditional pardon; and a sex offender conditions hearing to determine whether the offender constitutes a threat to society by reason of lack of sexual control.(20) Initial review--The review conducted by the Board not later than the 180th day an offender is eligible for release on parole.(21) Inmate--A person incarcerated in the TDCJ-Correctional Institutions Division (CID), other penal institution, or jail serving a sentence imposed upon conviction of a felony.(22) Institutional Parole Officer--A staff member responsible for interviewing offenders and preparing case summaries for review by a parole panel or the Board; and notifying the offender of the releasee decision along with the approval or denial reasons.(23) Mandatory supervision--The non-discretionary release of an offender from incarceration, but not from the legal custody of the state, under such conditions and provisions for supervision as the parole panel may determine. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.(24) Mandatory supervision date--The date on which the release to mandatory supervision of an eligible offender may occur.(25) Offender--A person incarcerated in the TDCJ-Correctional Institutions Division (CID), other penal institution, or jail serving a sentence imposed upon conviction of a felony or a person released from prison on parole or mandatory supervision.(26) Offender's file--The paper and electronic file maintained by the TDCJ Parole Division as the official custodian of record.(27) Pardon--See the definition of "full pardon" set forth in this section.(28) Parole--The discretionary release of an offender from incarceration, but not from the legal custody of the state, under such conditions and provisions for supervision as a parole panel may determine.(29) Parole certificate--An order of the Board incorporating the terms and conditions of release.(30) Parole panel--A three member decision-making body of the Board authorized to act in release matters. In certain cases, the full Board acts as the parole panel.(31) Party--Each person or agency named or admitted as a party.(32) Posthumous--An event occurring after death.(33) Preliminary hearing--Hearing to determine whether probable cause exists to continue holding the offender in custody pending the outcome of the final hearing.(34) Preponderance of the Evidence--Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it; that is evidence which as a whole shows that the fact sought to be proved is more probable than not.(35) Projected Release Date--The minimum expiration date as determined by the Texas Department of Criminal Justice.(36) Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee.(37) Releasee--A person released from TDCJ-CID on parole or mandatory supervision.(38) Remain Set--A decision by the Board, after a special review, to continue the initial denial vote set off.(39) Remission of fine or forfeiture--An act of clemency by the Governor releasing a person from payment of all or a portion of a fine or canceling a forfeiture of a bond.(40) Reprieve--A temporary release from the terms of an imposed sentence.(41) Review period--A period in which a parole panel will review an eligible offender for release on parole or mandatory supervision.(42) Revocation--The cancellation of parole, mandatory supervision, or a person granted a conditional pardon to immediate incarceration or recommend to the Governor revocation of a conditional pardon without further hearing or, in the instance of reprieve of a fine, to immediate payment of the fine.(43) RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ-CID determines that the offender has reached the projected release date.(44) Serve-All (SA)--A decision by the Board to deny parole and not release the offender until the serve-all date.(45) Serve-All Date--The projected release date or minimum expiration date as determined by the Texas Department of Criminal Justice.(46) SID--State Identification Number assigned by the Texas Department of Public Safety.(47) TDCJ--Texas Department of Criminal Justice.(48) TDCJ-CID--Texas Department of Criminal Justice-Correctional Institutions Division.(49) Treatment--Refers to rehabilitation programs also referred to as counseling or therapy.(50) Trial officials--The present sheriff, each chief of police, prosecuting attorney, and judge in the county and court of conviction and release.(51) Victim--A person who is the victim of the offense of sexual assault, indecency with a child by contact, continuous sexual abuse of a young child or children, aggravated sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another, as defined in Article 56A.001, Sections 6 and 7, Code of Criminal Procedure.</content><note type="source"><p>Source Note: The provisions of this §141.111 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective August 14, 1996, 21 TexReg 7563; amended to be effective November 4, 1996, 21 TexReg 10437; amended to be effective June 30, 1997, 22 TexReg 5842; amended to be effective December 29, 1997, 22 TexReg 12540; amended to be effective February 3, 1999, 24 TexReg 786; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective January 9, 2005, 29 TexReg 12236; amended to be effective September 16, 2010, 35 TexReg 8383; amended to be effective March 10, 2011, 36 TexReg 1681; amended to be effective November 30, 2011, 36TexReg 8042; amended to be effective October 27, 2013, 38 TexReg 7314; amended to be effective August 10, 2014, 39 TexReg 5963; amended to be effective August 13, 2017, 42 TexReg 3881; amended to be effective August 12, 2018, 43 TexReg 5097; amended to be effective March 30, 2022, 47 TexReg 1623.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c143"><num value="143">CHAPTER 143</num><heading>EXECUTIVE CLEMENCY</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scA"><num value="A">SUBCHAPTER A</num><heading>FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.1"><num value="143.1">§143.1</num><heading>Authority to Grant Pardons</heading><content>Except in cases of treason or impeachment, after conviction or successful completion of a term of deferred adjudication community supervision, the Governor may grant a full pardon upon the recommendation and advice of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11 and Texas Code of Criminal Procedure, Articles 48.01 and 48.03.</content><note type="source"><p>Source Note: The provisions of this §143.1 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 731; amended to be effective August 15, 1989, 14 TexReg 3812; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.2"><num value="143.2">§143.2</num><heading>Pardons for Innocence</heading><content>(a) On the grounds of innocence of the offense for which convicted or successfully completed a term of deferred adjudication community supervision, the Board will consider applications for recommendation to the Governor for a pardon for innocence upon receipt of:(1) a written recommendation of at least two of the current trial officials of the sentencing court, with one trial official submitting documentary evidence of actual innocence; or(2) a certified order or judgment of a court having jurisdiction accompanied by a certified copy of the findings of fact and conclusions of law where the court recommends that the Court of Criminal Appeals grant state habeas relief on the grounds of actual innocence.(b) Evidence submitted under subsection (a)(1) of this section shall include the results and analysis of pre-trial and post-trial forensic DNA testing of biological material as defined in the Chapter 64, Code of Criminal Procedure, if any, and may also include affidavits of witnesses upon which the recommendation of actual innocence is based.</content><note type="source"><p>Source Note: The provisions of this §143.2 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective March 22, 1998, 23 TexReg 2829; amended to be effective March 10, 2005, 30 TexReg 1316; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.3"><num value="143.3">§143.3</num><heading>Twelve Months on Parole</heading><content>When any offender has served 12 months on parole for an offense committed on or before August 28, 1977, in a manner acceptable to the Board, upon request, the Board may review the offender's record upon application therefore and make a determination whether to recommend to the Governor that the offender be pardoned and finally discharged from the sentence under which he/she is serving as authorized by the Texas Constitution, Article IV, Section 11 and Code of Criminal Procedure, Article 42.12, §24, 59th Legislature, R.S., Volume 2, Page 317, Chapter 722.</content><note type="source"><p>Source Note: The provisions of this §143.3 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.4"><num value="143.4">§143.4</num><heading>Parolee Discharging Sentence</heading><content>Whenever any offender who has been paroled for an offense committed on or before August 28, 1977, has complied with the rules and conditions governing his parole until the end of the term to which he/she was sentenced, and without a revocation of his parole, the Board may report such fact to the Governor prior to the issuance of the final order of discharge. The Board may, at this time, recommend to the Governor a full pardon as authorized by the Texas Constitution, Article IV, Section 11 and Code of Criminal Procedure, Article 42.12, §24, 59th Legislature, R.S., Volume 2, Page 317, Chapter 722.</content><note type="source"><p>Source Note: The provisions of this §143.4 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective February 18, 2009, 34 TexReg 1095; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.5"><num value="143.5">§143.5</num><heading>Discharged Offender</heading><content>Upon request from a person who has discharged a felony sentence or successfully completed a term of deferred adjudication community supervision, the Board will consider recommending a full pardon. Applicant's name, TDCJ-CID or SID number, county of conviction, offense, and length of sentence shall be furnished for identification.</content><note type="source"><p>Source Note: The provisions of this §143.5 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.6"><num value="143.6">§143.6</num><heading>Offender in Texas Department of Criminal Justice-Correctional Institutions Division</heading><content>A full pardon will not be considered for an offender while in TDCJ-CID, except when exceptional circumstances exist. The burden of showing such exceptional circumstances rests upon the applicant.</content><note type="source"><p>Source Note: The provisions of this §143.6 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective November 9, 2014, 39 TexReg 8597.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.7"><num value="143.7">§143.7</num><heading>Prior Out-of-State or Federal Convictions</heading><content>Where there exists one or more convictions or successful completion of a punishment similar to a term of deferred adjudication community supervision for offenses of felony grade, in other states or in federal court, prior to the last Texas conviction, the Board will consider recommending a pardon only if the applicant:(1) provides a clearance by full pardon from the jurisdiction(s) of the previous conviction(s); or(2) furnishes proof in writing that the other jurisdiction(s) will not act until a full pardon is granted by the Governor of Texas.</content><note type="source"><p>Source Note: The provisions of this §143.7 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.8"><num value="143.8">§143.8</num><heading>Suspended Sentence, Felony Conviction</heading><content>Upon a written application from the applicant or person acting on their behalf, the Board will consider recommending full pardon for a suspended sentence. Applicant's name, SID number, the county of conviction, offense, and sentence shall be furnished when the request is made.</content><note type="source"><p>Source Note: The provisions of this §143.8 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.9"><num value="143.9">§143.9</num><heading>Sentence of Probation, Felony Conviction</heading><content>The Board will consider recommending a full pardon for a sentence of probation only upon a showing of receipt of maximum relief available through the court of conviction, and then, only in an extreme or unusual circumstance which prevents the applicant from gaining a livelihood or in the event of loss of civil rights. The burden of showing such extreme or unusual circumstance rests upon the applicant.</content><note type="source"><p>Source Note: The provisions of this §143.9 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.10"><num value="143.10">§143.10</num><heading>Misdemeanor</heading><content>The Board will consider recommending a full pardon in misdemeanor cases only when exceptional, extreme, and unusual circumstances exist. The burden of showing such exceptional, extreme, and unusual circumstances rests upon the applicant.</content><note type="source"><p>Source Note: The provisions of this §143.10 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.11"><num value="143.11">§143.11</num><heading>Request of the Governor</heading><content>The Board shall consider a recommendation for a full pardon and, if applicable, request for restoration of firearm rights in any case upon the request of the Governor as authorized by Government Code, Section 508.050.</content><note type="source"><p>Source Note: The provisions of this §143.11 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective February 18, 2009, 34 TexReg 1095; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795; amended to be effective February 16, 2026, 51 TexReg 961.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.12"><num value="143.12">§143.12</num><heading>Restoration of Firearm Rights</heading><content>(a) The Board will consider recommending restoration of the right to receive, possess, bear, and transport in commerce a firearm only in extreme and unusual circumstances which prevent the applicant from gaining a livelihood, and only if the applicant:(1) provides either proof of clearance by a previously granted full pardon or a request for such express restoration in a pending application for a full pardon from jurisdiction(s) of the relevant conviction(s) or successful completion of a punishment similar to a term of deferred adjudication community supervision; and(2) provides proof of application under the United States Code, Title 18, Section 925(c), for exemption, relief from disabilities to the Director of Alcohol, Tobacco, Firearms and Explosives, and furnishes copies of all relevant applications and responses thereto by the Director of Alcohol, Tobacco, Firearms and Explosives including any final actions by said Director of Alcohol, Tobacco, Firearms and Explosives.(b) The burden of showing such extreme and unusual circumstance rests upon the applicant.</content><note type="source"><p>Source Note: The provisions of this §143.12 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective February 18, 2009, 34 TexReg 1095; amended to be effective March 1, 2012, 37 TexReg 1362; amended to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.13"><num value="143.13">§143.13</num><heading>Posthumous Pardon</heading><content>Upon request from a person acting on behalf of a deceased person who was convicted of a felony offense, the Board will consider recommending a full pardon for the deceased person.</content><note type="source"><p>Source Note: The provisions of this §143.13 adopted to be effective March 1, 2012, 37 TexReg 1363; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scA/s143.14"><num value="143.14">§143.14</num><heading>Consideration of Request or Application</heading><content>(a) The Board will consider a written request or application for executive clemency submitted pursuant to Subchapter A of this chapter (relating to Full Pardon and Restoration of Rights of Citizenship).(b) When an application for executive clemency is denied by the Governor or not recommended by the Board, a person may submit a subsequent written application for executive clemency on or after the second anniversary of the denial.</content><note type="source"><p>Source Note: The provisions of this §143.14 adopted to be effective November 9, 2014, 39 TexReg 8597; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scB"><num value="B">SUBCHAPTER B</num><heading>CONDITIONAL PARDON</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scB/s143.21"><num value="143.21">§143.21</num><heading>Definition</heading><content>A conditional pardon is a form of executive clemency which, upon application, may be recommended by the Board to the Governor, except in cases of treason or impeachment, and if granted, serves to release a person from the conditions of his or her sentence and/or any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered for the purposes of revocation thereof to be a releasee, §141.111 of this title (relating to Definitions), and all such revocation proceedings are governed by the sections for revocation of release, §§146.3 - 146.12 of this title (relating to Revocation of Parole or Mandatory Supervision).</content><note type="source"><p>Source Note: The provisions of this §143.21 adopted to be effective January 1, 1976; amended to be effective December 30, 1980, 5 TexReg 4956; amended to be effective February 18, 2009, 34 TexReg 1095; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scB/s143.22"><num value="143.22">§143.22</num><heading>Consideration of Application</heading><content>The Board will consider a written application for conditional pardon, only to release an offender to another country or in cases where extreme, exceptional, and unusual circumstances exist, and only after minimum statutory parole eligibility has been attained. The burden of showing such extreme, exceptional, and unusual circumstances rests upon the applicant.</content><note type="source"><p>Source Note: The provisions of this §143.22 adopted to be effective January 1, 1976; amended to be effective August 15, 1989, 14 TexReg 3812; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scB/s143.23"><num value="143.23">§143.23</num><heading>Revocation of Conditional Pardon</heading><content>(a) A conditional pardon may be revoked if the terms and conditions of the clemency proclamation are breached. All such revocation proceedings shall be conducted in accordance with the sections applicable to a releasee who is the subject of the revocation process.(b) The Board or parole panel, on order of the Governor, is responsible for ordering the issuance of any warrant upon being notified by the Division that a violation has occurred. The warrant shall issue to appropriate law enforcement authorities, authorizing any sheriff, peace officer, or other addressee named therein to arrest and hold the named releasee until further order of the Governor the Board or until such time as he/she may be placed in the custody of an agent of the TDCJ-CID, or until further order of the Governor or the Board.</content><note type="source"><p>Source Note: The provisions of this §143.23 adopted to be effective November 23, 1993, 18 TexReg 8228; amended to be effective February 18, 2009, 34 TexReg 1095; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scB/s143.24"><num value="143.24">§143.24</num><heading>Request of the Governor</heading><content>The Board shall consider a recommendation for conditional pardon in any case upon the request of the Governor as authorized by Texas Government Code, Section 508.050.</content><note type="source"><p>Source Note: The provisions of this §143.24 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 732; amended to be effective February 18, 2009, 34 TexReg 1095; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2795.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scC"><num value="C">SUBCHAPTER C</num><heading>REPRIEVE</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scC/s143.31"><num value="143.31">§143.31</num><heading>General Rules</heading><content>(a) The Governor may grant a reprieve upon the written recommendation of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11.(b) A reprieve is not recommended as a matter of right and each request will be judged on the merits of the case and the security risk involved.(c) Except at the request of the Governor, the Board will consider only such requests for reprieves as meet the general and specific criteria set out in these sections.(d) The Board will not consider a written application for reprieve from a TDCJ-CID sentence which involves travel outside the State of Texas.(e) The Board will not consider a written application for reprieve from a TDCJ-CID sentence requested for business reasons.(f) The Board may recommend a reprieve either in custody of a peace officer or without custody.(g) The Board will not recommend a reprieve without custody if the offender has a detainer filed against his release.(h) Except as otherwise specified in these sections, a Board recommendation for a reprieve shall be for a specified time, including a beginning and ending date.(i) Upon expiration of the specified time of the reprieve, a person granted a reprieve that remains at large, is subject to arrest without further action of the Board or the Governor.(j) The Board will consider a written request for an extension of a reprieve only if the request meets the requirements for the original reprieve.(k) If at any time the Board is made aware that the conditions of a reprieve have been violated, the Board may recommend to the Governor the revocation of such reprieve.</content><note type="source"><p>Source Note: The provisions of this §143.31 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 732; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scC/s143.32"><num value="143.32">§143.32</num><heading>Reprieve for Family Emergency</heading><content>(a) The Board will consider a written application for reprieve for a family emergency only in cases of critical illness or death of a member of the offender's immediate family.(b) The immediate family includes only the parents, spouse, and children of the offender, and a person other than a parent who assumed the responsibilities and acted as the parent of the offender during his/her childhood.(c) Prior to consideration of the application for reprieve for family emergency, the Board may require written:(1) verification of the critical illness by the attending physician; or(2) verification of the death and of the time and place of the funeral, by the mortician; and(3) proof of the parent-child relationship if the request is for the illness or death of a person, not a parent, who acted as the offender's parent during his/her childhood.(d) A Board recommendation for reprieve in the continuous custody of a peace officer is contingent upon a verified arrangement by the offender's family to secure and pay the expense of a peace officer to guard the offender.</content><note type="source"><p>Source Note: The provisions of this §143.32 adopted to be effective January 1, 1976; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective February 5, 2015, 40 TexReg 441; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scC/s143.33"><num value="143.33">§143.33</num><heading>Emergency Reprieve to Attend Civil Court Proceedings</heading><content>(a) An emergency reprieve to attend a civil court proceeding cannot be used for any other purpose unless specific permission is given in the Governor's proclamation, and if for any reason the cause is not tried as scheduled, the offender shall immediately return to TDCJ-CID. The offender may not, during the reprieve, take temporary employment or travel for any purpose, be it business, visiting relatives, or for an unsolicited visit to the Board.(b) The Board will consider a written application for an emergency reprieve to attend civil court proceedings only upon receipt of the following:(1) a request for reprieve by the offender or his or her representative stating the offender's vested interest in the cause and the date his presence is required with reasons requiring his attendance if date is prior to date set for trial;(2) a letter signed by the presiding judge of the court in which the cause is pending, stating:(A) the style and number of the cause;(B) that a special setting for trial has been made on the docket of the court stating the date of such setting;(C) that the presence of the offender is an absolute necessity for the protection of his or her interest in the litigation, and that his or her deposition would not suffice to protect that interest; and(D) the estimated approximate time required to complete the trial.</content><note type="source"><p>Source Note: The provisions of this §143.33 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 732; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scC/s143.34"><num value="143.34">§143.34</num><heading>Emergency Medical Reprieve</heading><content>The Board will consider a written application for an indefinite medical emergency reprieve in instances such as terminal illness or total disability. Prior to consideration of the application for emergency medical reprieve, the Board may require written verification of the terminal illness or total disability by the attending physician.</content><note type="source"><p>Source Note: The provisions of this §143.34 adopted to be effective January 1, 1976; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective February 5, 2015, 40 TexReg 441; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scC/s143.35"><num value="143.35">§143.35</num><heading>Reprieve from Misdemeanor Jail Sentence and/or Fine</heading><content>(a) The Board will consider a written application for reprieve from a misdemeanor jail sentence and/or fine upon the majority written recommendation of trial officials.(b) The Board will also consider a written application for reprieve from a misdemeanor jail sentence and/or fine, only for medical reasons or reasons of financial hardship (loss of home or business, or the lack of support for family) or other compelling hardships, only upon receipt in writing of the following information:(1) a request for reprieve clearly stating the medical reason for the application:(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined;(B) a statement from the attending physician indicating the condition of the applicant and medical treatment recommended; and(C) a clear statement of financial responsibility for hospitalization or other treatment.(2) a request for reprieve clearly stating the nature of the hardship for the request;(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined; and(B) a statement from the prospective employer stating the nature of the employment offer and whether or not the employment offered will be permanent if duties are performed satisfactorily.</content><note type="source"><p>Source Note: The provisions of this §143.35 adopted to be effective January 1, 1976; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective February 5, 2015, 40 TexReg 441; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scD"><num value="D">SUBCHAPTER D</num><heading>REPRIEVE FROM EXECUTION</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scD/s143.41"><num value="143.41">§143.41</num><heading>Governor's Reprieve</heading><content>(a) The Governor shall have the power to grant one reprieve in any capital case for a period not to exceed 30 days as authorized by the Texas Constitution, Article IV, Section 11.(b) The Governor shall have the power, upon the written and signed recommendation and advice of a majority of the Board to grant a reprieve in any capital case at any time after conviction.(c) The duration of a gubernatorial reprieve granted under subsection (b) of this section may be equal to, greater than, or less than 30 days, but in no event shall any such reprieve exceed the period recommended by the Board.</content><note type="source"><p>Source Note: The provisions of this §143.41 adopted to be effective January 1, 1976; amended to be effective January 4, 1984, 8 TexReg 5423; amended to be effective March 17, 1987, 12 TexReg 732; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scD/s143.42"><num value="143.42">§143.42</num><heading>Reprieve Recommended by the Board</heading><content>The Board will consider a reprieve of execution from death sentence upon receipt of a written application on behalf of an offender. The individual filing such application, if other than the offender, may be required to demonstrate that the individual is authorized by the offender to file such application. Any such application shall be addressed to the Texas Board of Pardons and Paroles and contain the following information:(1) the name of the applicant, execution number, together with any other pertinent identifying information;(2) identification of the applicant's agents, if any, who are presenting the application;(3) certified copies of the indictment, judgment, verdict of the jury, and sentence in the case, including official documentation verifying the scheduled execution date, if said information is not contained in the sentence;(4) a brief statement of the offense for which the offender has been sentenced to death;(5) a brief statement of the appellate history of the case, including its current status;(6) a brief statement of the legal issues which have been raised during the judicial progress of the case;(7) the requested length of duration of the reprieve, which shall be in increments of 30 days in accordance with the governor's statutory authority to grant one 30-day reprieve, unless a different duration is requested upon the basis of the grounds for the application set forth pursuant to paragraph (8) of this section; and,(8) all grounds upon the basis of which the reprieve is requested; provided that such grounds shall not call upon the Board to decide technical questions of law which are properly presented via the judicial process.</content><note type="source"><p>Source Note: The provisions of this §143.42 adopted to be effective January 1, 1976; amended to be effective January 4, 1984, 8 TexReg 5423; amended to be effective October 19, 1984, 9 TexReg 5163; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective October 27, 2013, 38 TexReg 7314; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective February 16, 2026, 51 TexReg 961.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scD/s143.43"><num value="143.43">§143.43</num><heading>Procedure in Capital Reprieve Cases</heading><content>(a) The written application in behalf of an offender seeking a Board recommendation to the Governor or a reprieve from execution must be delivered to the Texas Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757, not later than the twenty-first calendar day before the execution is scheduled. If the twenty-first calendar day before the execution is scheduled falls on a weekend or state observed holiday, the application shall be delivered not later than the next business day.(b) All supplemental information, including but not limited to amendments, addenda, supplements, or exhibits, must be submitted in writing and delivered to the Texas Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757, not later than the fifteenth calendar day before the execution is scheduled. If the fifteenth calendar day before the execution is scheduled falls on a weekend or state observed holiday, all additional information including but not limited to amendments, addenda, supplements, or exhibits shall be delivered not later than the next business day.(c) The application and any information filed with the application, including but not limited to amendments, addenda, supplements, or exhibits, must be provided by the applicant in an amount determined by the Presiding Officer.(d) An offender seeking a Board recommendation to the Governor of a reprieve from execution may request an interview with a member of the Board. Such request shall be included in the written application or any supplement filed therewith in accordance with this section.(e) Upon receipt of a request for an interview, the Presiding Officer (Chair) shall designate at least one member of the Board to conduct the requested interview. Such interview shall occur at the confining unit of TDCJ-CID. Attendance at such interviews shall be limited to the offender, the designated Board Member(s), Board staff, and TDCJ-CID staff. The Board may consider statements made by the offender at such interviews and any other materials the offender delivers to the Board Member during the interview when considering the offender's application for reprieve.(f) The Board shall consider and decide applications for reprieve from execution. Upon review, a majority of the Board, or a majority thereof, in written and signed form, may:(1) recommend to the Governor a reprieve from execution;(2) not recommend a reprieve from execution; or(3) set the matter for a hearing as soon as practicable and at a location convenient to the Board and the parties to appear before it.(g) When the Board sets a hearing pursuant to subsection (f)(3) of this section, it shall notify the trial officials of the county of conviction and the attorney general of the State of Texas and allow any such official(s), or the designated representatives thereof, the opportunity to attend the hearing and/or to present any relevant information. At the time of notifying the trial officials, the Board shall also notify any representative of the family of the victim (who has previously requested to be notified) of the receipt of the application, the setting of a hearing, and of said representative or family member's rights to provide any written comments or to attend the hearing.(h) All hearings conducted by the Board under this section shall be in open session pursuant to requirements of the Texas Open Meetings Act. For the purpose of discussing matters which are deemed confidential by statute, or where otherwise authorized by the provisions of the Texas Open Meetings Act, the proceedings may be conducted in executive session closed to members of the general public, for that limited purpose. Only those persons whose privacy interests and right to confidentiality may be abridged by discussion involving disclosure of confidential information may be allowed to meet with members of the Board in their executive session to discuss that information. No decision, vote, or final action by the Board shall be made during a closed meeting; the Board's decision, vote, or final action shall be made and announced in an open meeting. The hearing may be recessed prior to its completion and reconvened pursuant to the directions of the Board.(i) Advocates for and against the death penalty, generally, and members of the general public may present written information for the Board's consideration at its central office headquarters at any reasonable time.(j) After the conclusion of the hearing, the Board shall render its decision, reached by majority vote, within a reasonable time, which decision shall be either to:(1) recommend to the Governor a reprieve from execution;(2) not recommend a reprieve from execution; or(3) recess the proceedings without rendering a decision on the merits, if a reprieve has been granted by the Governor or if a court of competent jurisdiction has granted a stay of execution.(k) Each of the provisions of this section and §143.42 of this title (relating to Reprieve Recommended by the Board) are subject to waiver by the Board when it finds that there exists good and adequate cause to suspend said provisions and adopt a different procedure which it finds to be better suited to the exigencies of the individual case before it.(l) Successive or repetitious reprieve applications submitted in behalf of the same offender may be summarily denied by the Board without meeting.</content><note type="source"><p>Source Note: The provisions of this §143.43 adopted to be effective January 4, 1984, 8 TexReg 5423; amended to be effective October 19, 1984, 9 TexReg 5164; amended to be effective March 17, 1987, 12 TexReg 732; amended to be effective May 11, 1999, 24 TexReg 3538; amended to be effective August 17, 1999, 24 TexReg 6311; amended to be effective August 10, 2006, 31 TexReg 6236; amended to be effective September 13, 2012, 37 TexReg 7189; amended to be effective November 9, 2014, 39 TexReg 8598; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective August 5, 2021, 46 TexReg 4699.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scE"><num value="E">SUBCHAPTER E</num><heading>COMMUTATION OF SENTENCE</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.51"><num value="143.51">§143.51</num><heading>Commutation of Sentence</heading><content>Except in cases of treason and impeachment, upon the recommendation of the Board, the Governor may grant a commutation of sentence as authorized by the Texas Constitution, Article IV, Section 11.</content><note type="source"><p>Source Note: The provisions of this §143.51 adopted to be effective January 1, 1976; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.52"><num value="143.52">§143.52</num><heading>Commutation of Sentence, Felony, or Misdemeanor</heading><content>(a) The Board will consider recommending to the Governor a commutation of sentence upon a request accompanied by the written recommendation of a majority of the trial officials.(b) If the offender has the recommendation of two of the current trial officials and no written communication is received from the third trial official, the Board shall give the remaining trial official notice that such a clemency recommendation is being considered by the Board.(c) In cases tried prior to the tenure of the present office-holders, the recommendation of persons holding such offices at the time of the trial of the case may be used to bolster and support the recommendation of the current trial officials, if in compliance with the requirements of subsection (d) of this section.(d) The requirements of a recommendation of the current trial officials for commutation of sentence must include the following:(1) a statement that the penalty now appears to be excessive;(2) a recommendation of a definite term now considered by the officials as just and proper; and(3) a statement of the reasons for the recommendation based upon facts directly related to the facts of the cases and in existence, but not available to, the court or jury at the time of the trial, or a statutory change in penalty for the crime which would appear to make the original penalty excessive.(e) If the offender is not confined in the TDCJ-CID, a certified copy of the judgment and sentence must be furnished.</content><note type="source"><p>Source Note: The provisions of this §143.52 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective August 15, 1989, 14 TexReg 3812; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective September 13, 2012, 37 TexReg 7191; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.53"><num value="143.53">§143.53</num><heading>Commutation of Remainder of Jail Sentence and/or Fine after Reprieve</heading><content>The Board will consider recommending to the Governor a commutation of the remainder of the time left to serve on a jail sentence and/or commutation of fine after satisfactory completion of a reprieve of the jail sentence and/or fine.</content><note type="source"><p>Source Note: The provisions of this §143.53 adopted to be effective January 1, 1976; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.54"><num value="143.54">§143.54</num><heading>Commutation for Jail Time Served before Sentence for Felony Conviction.</heading><content>The Board will consider a written application for commutation, on a felony conviction, resulting in credit for time served in jail from the time of sentence only if the applicant has been continuously in jail during the entire period for which the application is made and only upon receipt in writing of the following information from the judge of the court of conviction:(1) the name of the convicted defendant;(2) the cause number and court in which the conviction occurred;(3) a statement that it was the intent of the sentencing judge, at the time of sentencing, that the applicant be given credit for the jail time served, but that such credit was not given through oversight or error, as the case may be;(4) a statement of the exact number of days, months, or years which should be credited on the sentence;(5) a statement that the applicant was continuously in custody and in jail for the total credit period requested; and(6) a request that the Board make favorable recommendation to the Governor that such time credit be allowed.</content><note type="source"><p>Source Note: The provisions of this §143.54 adopted to be effective January 1, 1976; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective February 16, 2026, 51 TexReg 962.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.55"><num value="143.55">§143.55</num><heading>Commutation of Sentence for Time Out of TDCJ-CID on Reprieve</heading><content>(a) The Board will consider a written request for commutation for time out of TDCJ-CID on reprieve only for medical reprieves.(b) A request for commutation for time out of TDCJ-CID on medical reprieve will be considered only if:(1) the offender has returned to the TDCJ-CID;(2) the calendar time under consideration for commutation is time the offender was actually confined as a resident patient (not an out-patient) in a hospital or institution; and(3) the offender has in all things complied with the rules of the hospital or institution during the emergency medical reprieve.(c) Such commutation shall not exceed the actual amount of calendar time that the offender is absent from the TDCJ-CID on emergency medical reprieve.</content><note type="source"><p>Source Note: The provisions of this §143.55 adopted to be effective January 1, 1976; amended to be effective September 13, 2012, 37 TexReg 7191; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.57"><num value="143.57">§143.57</num><heading>Commutation of Death Sentence to Lesser Penalty</heading><content>(a) The Board will consider recommending to the Governor a commutation of death sentence to a sentence of life imprisonment or the appropriate maximum penalty that can be imposed upon receipt of:(1) a request from the majority of the trial officials of the court of conviction; or(2) a written request of the offender or representative setting forth all grounds upon which the application is based, stating the full name of the offender, the county of conviction, the execution date, and contain the information outlined in §143.42(1) - (6) of this chapter (relating to Reprieve Recommended by the Board).(b) The written application in behalf of an offender seeking a Board recommendation to the Governor of commutation of the death sentence to a lesser penalty shall be addressed to the Texas Board of Pardons and Paroles and must be delivered to the Texas Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757, not later than the twenty-first calendar day before the day the execution is scheduled. If the twenty-first calendar day before the execution is scheduled falls on a weekend or state observed holiday, the application shall be delivered not later than the next business day.(c) All supplemental information not filed with the application, including but not limited to amendments, addenda, supplements, or exhibits, must be submitted in writing and delivered to the Texas Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757, not later than the fifteenth calendar day before the execution is scheduled. If the fifteenth calendar day before the execution is scheduled falls on a weekend or state observed holiday, all additional information including but not limited to amendments, addenda, supplements, or exhibits shall be delivered not later than the next business day.(d) The application and any information filed with the application, including but not limited to amendments, addenda, supplements, or exhibits, must be provided by the applicant in an amount determined by the Presiding Officer.(e) An offender seeking a Board recommendation to the Governor of commutation of the death sentence to a lesser penalty may request an interview with a member of the Board. Such request shall be included in the written application or any supplement filed therewith in accordance with this section.(f) Upon receipt of a request for an interview, the Presiding Officer (Chair) shall designate at least one member of the Board to conduct the requested interview. Such interview shall occur at the confining unit of TDCJ-CID. Attendance at such interviews shall be limited to the offender, the designated Board Member(s), Board staff, and TDCJ-CID staff. The Board may consider statements made by the offender at such interviews and any other materials the offender delivers to the Board Member during the interview when considering the offender's application for commutation of the death sentence to a lesser penalty.(g) The Board shall consider and decide applications for commutation of the death sentence to a lesser penalty. Upon review, a majority of the Board, or a majority thereof, in written and signed form, may:(1) recommend to the Governor the commutation of the death sentence to a lesser penalty;(2) not recommend commutation of the death sentence to a lesser penalty; or(3) set the matter for a hearing pursuant to §143.43 of this chapter (relating to Procedure in Capital Reprieve Cases).</content><note type="source"><p>Source Note: The provisions of this §143.57 adopted to be effective January 1, 1976; amended to be effective May 11, 1999, 24 TexReg 3540; amended to be effective August 17, 1999, 24 TexReg 6313; amended to be effective August 10, 2006, 31 TexReg 6236; amended to be effective September 13, 2012, 37 TexReg 7191; amended to be effective November 19, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective August 5, 2021, 46 TexReg 4699.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scE/s143.58"><num value="143.58">§143.58</num><heading>Request of the Governor</heading><content>The Board shall investigate and consider a recommendation of commutation of sentence in any case, upon the written request of the Governor as authorized by Government Code Section 508.050.</content><note type="source"><p>Source Note: The provisions of this §143.58 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective February 16, 2026, 51 TexReg 962.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scF"><num value="F">SUBCHAPTER F</num><heading>REMISSION OF FINES AND FORFEITURES</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scF/s143.71"><num value="143.71">§143.71</num><heading>Remission of Fine</heading><content>(a) The Board will consider a written application to remit a fine upon the majority written recommendation of the trial officials, said recommendation to be furnished upon official letterhead of each official.(b) The Board will also consider a written application to remit a fine, only for medical reasons, or reasons of financial hardship (loss of home or business, or the lack of support for family) or other compelling hardships only upon receipt of the following information:(1) a request to remit a fine(s) clearly stating the medical reason for the application:(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined;(B) a statement from the attending physician indicating the condition of the applicant and medical treatment recommended;(C) a clear statement of financial responsibility for hospitalization or other treatment; and(D) the recommendation of a majority of the trial officials that the fine be remitted to be furnished only on official letterhead of each official.(2) a request to remit a fine(s) clearly stating the nature of the hardship for the application:(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined;(B) a written statement from the prospective employer stating the nature of employment offer and whether or not the employment offered will be permanent, if duties are performed satisfactorily; and(C) the recommendation of a majority of the trial officials that the fine be remitted to be furnished only on official letterhead of each official.</content><note type="source"><p>Source Note: The provisions of this §143.71 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective September 13, 2012, 37 TexReg 7193; amended to be effective February 5, 2015, 40 TexReg 442; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scF/s143.72"><num value="143.72">§143.72</num><heading>Remission of Fine after Reprieve</heading><content>The Board will consider recommending to the Governor remission of fine after satisfactory completion of a reprieve of fine upon receipt of a written application from the applicant or person acting for the applicant and a recommendation of a majority of the trial officials, to be furnished upon official letterhead of each official.</content><note type="source"><p>Source Note: The provisions of this §143.72 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective September 13, 2012, 37 TexReg 7193; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective February 16, 2026, 51 TexReg 962.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scF/s143.73"><num value="143.73">§143.73</num><heading>Remission of Bond Forfeiture</heading><content>The Board will consider recommending to the Governor remission of bond forfeiture upon receipt of:(1) a written majority recommendation of the trial officials and the commissioner's court in the county of forfeiture to be furnished upon official letterhead of each official; or(2) a written application accompanied by the following:(A) a letter setting out the necessity for the executive clemency;(B) a certified copy of the final judgment of forfeiture;(C) letters from trial officials on official letterhead setting out their attitude toward remitting the bond forfeiture;(D) a recommendation of the commissioner's court of the county in which final judgment of forfeiture was entered, by certified copy of the court's order or on the official letterhead of the court or county judge;(E) a sworn statement as to whether or not either of the sureties received a fee for making the bond or bail involved in this application; whether or not they are then, or have been in the past, engaged in making bail or appearance bonds for a fee or any consideration of value;(F) a summary statement of the amount of assets and liabilities of the applicant, or applicants;(G) a statement from the sheriff or county treasurer as to whether or not the judgment or any part thereof has been paid or satisfied in any manner on official letterhead of the appropriate official; and(H) a statement, verified by the sheriff of the county of conviction, as to whether or not the principal is in custody, or has been tried for the criminal offense subsequent to his failure to appear.</content><note type="source"><p>Source Note: The provisions of this §143.73 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective September 13, 2012, 37 TexReg 7193; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scF/s143.74"><num value="143.74">§143.74</num><heading>Request of the Governor</heading><content>The Board shall consider a written request for remission of fine or forfeiture in any case upon the request of the Governor as authorized by Government Code, Section 508.050.</content><note type="source"><p>Source Note: The provisions of this §143.74 adopted to be effective January 1, 1976; amended to be effective March 17, 1987, 12 TexReg 733; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective September 13, 2012, 37 TexReg 7193; amended to be effective November 9, 2014, 39 TexReg 8599; amended to be effective May 9, 2018, 43 TexReg 2796; amended to be effective February 16, 2026, 51 TexReg 962.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c143/scG"><num value="G">SUBCHAPTER G</num><heading>RESTORATION OF DRIVER'S LICENSE</heading><section identifier="/us/state/tx/tac/t37/p5/c143/scG/s143.81"><num value="143.81">§143.81</num><heading>Preliminary Requirements</heading><content>The Board will consider recommending to the Governor restoration of a driver's or commercial operator's license only after denial of an application for an occupational driver's or commercial operator's license by the district court having jurisdiction. The applicant must furnish an official statement of the reason(s) for the court's denial.</content><note type="source"><p>Source Note: The provisions of this §143.81 adopted to be effective January 1, 1976; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective May 9, 2018, 43 TexReg 2797; amended to be effective February 16, 2026, 51 TexReg 963.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c143/scG/s143.82"><num value="143.82">§143.82</num><heading>Subsequent Requirements</heading><content>Upon making a preliminary determination to recommend to the Governor the restoration of a driver's or commercial operator's license, the Board will require from the applicant or person acting for him, certified copies of all judgments which resulted in the revocation or suspension of the license; or if the suspension or revocation resulted from administrative action by the Texas Department of Public Safety, a copy of the final departmental order of suspension is required. No further action will be taken by the Board prior to receipt of the required judgment(s) or order.</content><note type="source"><p>Source Note: The provisions of this §143.82 adopted to be effective January 1, 1976; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective May 9, 2018, 43 TexReg 2797.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c145"><num value="145">CHAPTER 145</num><heading>PAROLE</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c145/scA"><num value="A">SUBCHAPTER A</num><heading>PAROLE PROCESS</heading><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.1"><num value="145.1">§145.1</num><heading>Parole Decision-Maker</heading><content>(a) Unless otherwise provided, parole decisions shall be made by two-thirds vote of a parole panel. The Board is the parole release decision-maker of persons convicted of a capital felony offense, who are eligible for parole, or an offense under Sections 20A.03, 21.02, 21.11(a)(1), and 22.021, Penal Code, or who are required under Section 508.145(c), Government Code to serve 35 calendar years before becoming eligible for parole review. In these cases, the Board may grant parole only upon a two-thirds vote. The Board is not required to meet as a body to perform this duty.(b) In all other matters of parole and mandatory supervision and revocation of parole and mandatory supervision, three-member parole panels are parole decision makers. A parole panel may consider any eligible offender for release and, upon a majority vote of the panel, may approve or deny release to supervision. If a majority of the panel does not concur, the case is forwarded to a panel, designated by the Presiding Officer (Chair), to revote. The members of a parole panel are not required to meet as a body to perform these decision-making duties.</content><note type="source"><p>Source Note: The provisions of this §145.1 adopted to be effective January 6, 1997, 21 TexReg 12426; amended to be effective October 20, 1998, 23 TexReg 10656; amended to be effective March 20, 2003, 28 TexReg 2355; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective November 30, 2011, 36 TexReg 8043; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective February 9, 2023, 48 TexReg 522.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.2"><num value="145.2">§145.2</num><heading>Standard Parole Guidelines</heading><content>(a) Parole panels are vested with complete discretion in making parole decisions to accomplish the mandatory duties found in Chapter 508, Government Code.(b) Parole guidelines have been adopted by the Board to assist parole panels in the selection of possible candidates for release. Parole guidelines are applied as a basis, but not as the exclusive criteria, upon which parole panels base release decisions.(1) The parole guidelines consist of a risk assessment instrument and an offense severity scale. Combined, these components serve as an instrument to guide parole release decisions.(2) The risk assessment instrument includes two sets of components, static and dynamic factors.(A) Static factors include:(i) Age at first admission to a juvenile or adult correctional facility;(ii) History of supervisory release revocations for felony offenses;(iii) Prior incarcerations;(iv) Employment history; and(v) The commitment offense.(B) Dynamic factors include:(i) The offender's current age;(ii) Whether the offender is a confirmed security threat group (gang) member;(iii) Education, vocational and certified on-the-job training programs completed during the present incarceration;(iv) Prison disciplinary conduct; and(v) Current prison custody level.(3) Scores from the risk assessment instrument are combined with an offense severity rating for the sentenced offense of record to determine a parole candidate's guidelines level.(c) The adoption and use of the parole guidelines do not imply the creation of any parole release formula, or a right or expectation by an offender to parole based upon the guidelines. The risk assessment instrument and the offense severity scale, while utilized for research and reporting, are not to be construed so as to mandate either a favorable or unfavorable parole decision. The parole guidelines serve as an aid in the parole decision process and the parole decision shall be at the discretion of the Board and the voting parole panel.(d) The Board is authorized to revise the parole guidelines as warranted.</content><note type="source"><p>Source Note: The provisions of this §145.2 adopted to be effective May 1, 1995, 20 TexReg 2861; amended to be effective March 20, 2003, 28 TexReg 2355; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective February 9, 2023, 48 TexReg 522.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.3"><num value="145.3">§145.3</num><heading>Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles</heading><content>To aid the Board in its analysis and research of parole release, the Board adopts the following policies.(1) Release to parole is a privilege, not an offender right, and the parole decision maker is vested with complete discretion to grant, or to deny parole release as defined by statutory law.(A) Candidates for parole are evaluated on an individual basis.(B) There are no mandatory rules or guidelines that must be followed in every case because each offender is unique. The Board and Parole Commissioners have the statutory duty to make release decisions, which are only in the best interest of society. The Board and parole panels use parole guidelines as a tool to aid in the discretionary parole decision process.(2) The Board will reconsider for release an offender who is serving a sentence under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121 of that code, as soon as practicable after the first anniversary of the date of denial.(3) The Board will reconsider an offender for release after the first anniversary date of the denial and end before the fifth anniversary date of denial.(4) The Board will reconsider for release an offender who is serving a sentence for an offense under Section 22.021, Penal Code; or serving a life sentence for a capital felony, who is eligible for parole, after the first anniversary of the date of the denial and before the 10th anniversary of the date of denial.(5) An offender will be considered for parole when eligible and when the offender meets the following criteria with regard to behavior during incarceration. (A) Other than on initial parole eligibility, the offender must not have had a major disciplinary misconduct report in the six month period prior to the date he is reviewed for parole, which has resulted in loss of good conduct time or reduction to a classification status below that assigned during that offender's initial entry into the TDCJ-CID. (B) Other than on initial parole eligibility, at the time he is reviewed for parole the person must be classified in the same or higher time earning classification assigned during that person's initial entry into TDCJ-CID.(C) If any offender who has received an affirmative vote to parole and following the vote, notification is received that the offender has been reduced below initial classification status or has lost good conduct time, the parole decision will be reviewed and revoted by the parole panel that rendered the decision. (D) A person who has been revoked and returned to custody for a violation of the conditions of release to parole or mandatory supervision will be considered for release to parole or mandatory supervision when eligible. (E) An offender who is otherwise eligible for parole and who has charges pending alleging a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract with the TDCJ, and for which a complaint has been filed with a magistrate of the State of Texas, will not be considered for release to parole.(F) An offender who is otherwise eligible for release and meets the criteria for Medically Recommended Intensive Supervision (MRIS) as required by §508.146, Government Code may be considered for release on parole. (6) Any consideration by a Board Member or Parole Commissioner of an offender's litigation activities when determining an offender's candidacy for parole is strictly prohibited. No offender will be denied the opportunity to present to the judiciary, including appellate courts, his or her allegations concerning violations of fundamental constitutional rights. Any consideration of such legal activity during the parole review, supervision or revocation process is a violation of Board policy. In the event parole is denied in violation of this section, the offender may pursue a remedy under the special review provisions of §145.17 of this title (relating to Action upon Special Review--Release Denied). In the event parole or mandatory supervision is revoked in violation of this section, the offender may pursue a remedy under the motion to reopen hearing provisions of §146.11 of this title (relating to Releasee's Motion to Reopen Hearing or Reinstate Supervision).</content><note type="source"><p>Source Note: The provisions of this §145.3 adopted to be effective May 1, 1995, 20 TexReg 2862; amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective January 6, 1997, 21 TexReg 12427; amended to be effective February 8, 1999, 24 TexReg 787; amended to be effective November 14, 1999, 24 TexReg 9845; amended to be effective October 29, 2000, 25 TexReg 10568; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective August 10, 2006, 31 TexReg 6237; amended to be effective September 16, 2007, 32 TexReg 6159; amended to be effective February 24, 2010, 35 TexReg 1482; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective August 10, 2014, 39 TexReg 5964; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective May 18, 2023, 48 TexReg 2508; amended to be effective November 20, 2025, 50 TexReg 7428.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.6"><num value="145.6">§145.6</num><heading>Notification of Parole Panel Decision</heading><content>(a) An offender considered for parole or mandatory supervision shall be notified of the parole panel's decision in writing.(b) Consideration and notification of the parole panel's decision includes any cumulative, pre-final consecutive sentence.(c) Upon considering a case for parole or mandatory supervision, the parole panel shall make a record of its decision and the reasons for its decision on the minute sheet of the offender's file.(d) Reasons for the parole panel's decision include but are not limited to the following:(1) criminal history;(2) nature of offense;(3) drug or alcohol involvement;(4) institutional adjustment;(5) adjustment during periods of supervision;(6) participation in the TDCJ-CID proposed or specialized programs;(7) time served;(8) felony offense committed while incarcerated;(9) discretionary mandatory supervision;(10) gang affiliation;(11) other.(e) Parole approval will be indicated by "A" and denial will be indicated by "D."</content><note type="source"><p>Source Note: The provisions of this §145.6 adopted to be effective August 15, 1989, 14 TexReg 3812; amended to be effective November 4, 1996, 21 TexReg 10437; amended to be effective February 15, 2000, 25 TexReg 1129; amended to be effective October 29, 2000, 25 TexReg 10569; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective May 10, 2015, 40 TexReg 2421; amended to be effective February 9, 2023, 48 TexReg 522.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.7"><num value="145.7">§145.7</num><heading>Initial Review</heading><content>(a) The Board shall conduct an initial review of an offender, who is eligible to be released on parole, no later than the 180th day of the offender's admission to the TDCJ CID.(b) The Board shall identify the classes or programs listed in the Individual Treatment Plans as the classes or programs that the Board intends to require the offender to complete before releasing the offender on parole. TDCJ shall provide the offender with a copy of the Individual Treatment Plan, which includes a list of classes or programs.(c) Before the offender is approved for release on parole, the offender must agree to participate in the classes or programs described by the Individual Treatment Plan. Refusal to participate in the classes or programs described by the Individual Treatment Plan shall be considered by the Board when reviewing the offender for parole.(d) The identification of any classes or programs under subsection (b) of this section shall have no effect on any discretionary decision made by the Board regarding any offender and does not imply a right or expectation by an offender to parole based upon the completion of the classes or programs.</content><note type="source"><p>Source Note: The provisions of this §145.7 adopted to be effective November 12, 2017, 42 TexReg 6187; amended to be effective February 9, 2023, 48 TexReg 522.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.9"><num value="145.9">§145.9</num><heading>Parole Interview</heading><content>Prior to consideration for parole by a parole panel, the offender may be interviewed by a Board member or Parole Commissioner whether it is the initial review or a subsequent review.</content><note type="source"><p>Source Note: The provisions of this §145.9 adopted to be effective July 1, 1994, 19 TexReg 4756; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective November 18, 2018, 43 TexReg 7466.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.11"><num value="145.11">§145.11</num><heading>Review Date Subject to Change</heading><content>Initial or subsequent review dates or both are subject to change in cases where an offender's status is changed.</content><note type="source"><p>Source Note: The provisions of this §145.11 to be effective August 15, 1989, 14 TexReg 3812; amended to be effective September 13, 2012, 37 TexReg 7194.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.12"><num value="145.12">§145.12</num><heading>Action upon Review</heading><content>A case reviewed by a parole panel for parole consideration may be:(1) deferred for request and receipt of further information; (2) denied a favorable parole action at this time and set for review on a future specific month and year (Set-Off). (A) The next review date (Month/Year) for an offender serving a sentence listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04, Penal Code may be set at any date of after the first anniversary of the date of denial and end before the fifth anniversary of the date of denial; or(B) If the offender is serving a sentence under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, the next review date (Month/Year) may begin as soon as practicable after the first anniversary of the date of denial; or(C) If the offender is serving a sentence for an offense under Section 22.021, Penal Code, or a life sentence for a capital felony, the next review date begins after the first anniversary of the date of the denial and before the 10th anniversary of the date of denial. (3) denied parole and ordered serve all, but in no event shall this be utilized if the offender's projected release date is greater than five (5) years for offenders serving sentences listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04 Penal Code; or greater than one year for offenders not serving sentences listed in Section 508.149(a), Government Code. If the serve-all date in effect on the date of the panel decision is extended by more than 180 days, the case shall be placed in regular parole review;(4) determined the totality of the circumstances favor the offender's release on parole, further investigation (FI) is ordered with the following available voting options; and impose all conditions of parole or release to mandatory supervision that the parole panel is required or authorized by law to impose as a condition of parole or release to mandatory supervision; (A) FI-1--Release the offender when eligible;(B) FI-2 (Month/Year)--Release on a specified future date; (C) FI-3 R--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion;(D) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four (4) months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP); (E) FI-5--Transfer to In-Prison Therapeutic Community Program (IPTC). Release to aftercare component only after completion of IPTC program; (F) FI-6--Transfer to a TDCJ DWI Program. Release to continuum of care program as required by paragraph (5) of this section;(G) FI-6 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six (6) months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC), Pre-Release Substance Abuse Program (PRSAP), or In-Prison Therapeutic Community Program, or any other approved program; (H) FI-7 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than seven (7) months from the specified date. Such TDCJ program shall be the Serious and Violent Offender Reentry Initiative (SVORI); (I) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9); (J) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-18); (5) any person released to parole after completing a TDCJ rehabilitation program as a prerequisite for parole, must participate in and complete any required post-release program. A parole panel shall require as a condition of release on parole or release to mandatory supervision that an offender who immediately before release is a participant in the program established under Section 501.0931, Government Code, participate as a releasee in a drug or alcohol abuse continuum of care treatment program; or (6) any offender receiving an FI vote, as listed in paragraph (4)(A) - (J) of this section, shall be placed in a program consistent with the vote. If treatment program managers recommend a different program for an offender, a transmittal shall be forwarded to the parole panel requesting approval to place the offender in a different program.</content><note type="source"><p>Source Note: The provisions of this §145.12 adopted to be effective May 1, 1995, 20 TexReg 2863; amended to be effective August 14, 1996, 21 TexReg 7564; amended to be effective June 30, 1997, 22 TexReg 5843; amended to be effective June 30, 1998, 23 TexReg 6722; amended to be effective February 8, 1999, 24 TexReg 787; amended to be effective August 17, 1999, 24 TexReg 6314; amended to be effective September 26, 2002, 27 TexReg 8964; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective July 13, 2004, 29 TexReg 6733; amended to be effective November 14, 2004, 29 TexReg 10269; amended to be effective December 9, 2007, 32 TexReg 8853; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective February 24, 2010, 35 TexReg 1483; amended to be effective March 10, 2011, 36 TexReg 1681; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective October 27, 2013, 38 TexReg 7314; amended to be effective February 11, 2016, 41 TexReg 970; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective May 18, 2023, 48 TexReg 2508; amended to be effective February 12, 2026, 51 TexReg 753.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.13"><num value="145.13">§145.13</num><heading>Action upon Review; Consecutive (Cumulative) Felony Sentencing</heading><content>(a) This section applies only to an offender sentenced to serve consecutive sentences if each sentence in the series is for an offense committed on or after September 1, 1987.(b) A parole panel shall review for parole consideration consecutive felony sentencing cases as determined and in the sequence submitted by the TDCJ.(c) If the case under parole consideration is a pre-final consecutive felony sentencing case, the parole panel may:(1) defer for request and receipt of further information;(2) vote CU/FI (Month/Year Cause Number), designate the date on which the offender would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This date shall be within a three-year incarceration period following the panel decision; or(3) vote CU/NR (Month/Year Cause Number), deny favorable parole action. The next review date (month/year) may be set at any date in the five-year incarceration period following the panel decision date, but in no event shall it be less than one (1) calendar from the panel decision date; or(4) vote CU/NR (Month/Year Cause Number), deny favorable parole action. If the offender is serving a sentence for an offense under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121 of that code, begin as soon as practicable after the first anniversary of the denial; or(5) vote CU/SA (Month/Year Cause Number): deny release and order serve-all, but in no event shall this be utilized if the offender's maximum expiration date is over five (5) years from the date of the panel decision. Deny release and order serve-all, but in no event shall this be utilized if the offender's maximum expiration date is over one (1) year from the date of the panel decision. (d) If the case under parole consideration is the last and final in a series of consecutive felony sentencing cases, the case shall be 31 reviewed under §145.12 of this title (relating to Action upon Review). (e) When a parole panel reviews for parole consideration a consecutive felony sentencing case, the parole panel shall indicate the Cause Number of the consecutive felony sentencing case it is considering.</content><note type="source"><p>Source Note: The provisions of this §145.13 adopted to be effective June 30, 1997, 22 TexReg 5843; amended to be effective Septmeber 26, 2002, 27 TexReg 8964; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective October 27, 2013, 38 TexReg 7314; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective February 9, 2023, 48 TexReg 522; amended to be effective November 20, 2025, 50 TexReg 7428.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.14"><num value="145.14">§145.14</num><heading>Action upon Review; Release to Mandatory Supervision</heading><content>(a) This section applies only to an offender eligible for release to mandatory supervision if the sentence is for an offense committed on or after September 1, 1996.(b) If the TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case will be processed as follows:(1) the offender shall be provided written notice of the discretionary mandatory review and shall have 30 days from the receipt of the notice to submit, in writing, information to the Board; and(2) after the expiration of the 30 day time period, the case shall be referred to a parole panel who will consider the case for release to mandatory supervision no earlier than 60 days of the offender's projected release date.(c) Upon considering a case for release to mandatory supervision, a parole panel may:(1) defer for request and receipt of further information;(2) vote DMS Month/Year, deny release to mandatory supervision and set the next mandatory supervision review date one year from the panel decision date; or(3) vote RMS, release to mandatory supervision.(d) Subsection (c) of this section applies to all subsequent reconsiderations for release to mandatory supervision.</content><note type="source"><p>Source Note: The provisions of this §145.14 adopted to be effective June 30, 1997, 22 TexReg 5843; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective November 14, 2004, 29 TexReg 10269; amended to be effective December 12, 2010, 35 TexReg 10993; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective February 9, 2023, 48 TexReg 522.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.15"><num value="145.15">§145.15</num><heading>Action upon Review; Extraordinary Vote (SB 45)</heading><content>(a) This section applies to any offender convicted of or serving a sentence for a capital felony, other than a life sentence, an offense under Sections 20A.03, 21.02, or 21.11(a)(1), Penal Code, or who is required under Section 508.145(c), Government Code to serve 35 calendar years before becoming eligible for parole review. All members of the Board shall vote on the release of an eligible offender. At least two-thirds of the members must vote favorably for the offender to be released to parole. Members of the Board shall not vote until they receive and review a copy of a written report from the department on the probability of the offender committing an offense after being released. (1) Upon review, use of the full range of voting options is not conducive to determining whether two-thirds of the Board considers the offender ready for release to parole. (2) If it is determined circumstances favor the offender's release to parole the Board has the following voting options available: (A) FI-1--Release the offender when eligible; (B) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four (4) months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP); (C) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9); or (D) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18. In no event shall the specified date be set more than three (3) years from the current panel decision date. (3) If it is determined that circumstances do not support a favorable action upon review, the following options are available: (A) NR (Month/Year)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or (B) SA--The offender's minimum or maximum expiration date is less than 60 months away. The offender will continue to serve their sentence until that date. (b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following voting options are available to the Board panel: (1) CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;(2) CU/NR (Month/Year-Cause Number)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or (3) CU/SA (Month/Year-Cause Number)--Deny release and order serve-all if the offender is within 60 months of their maximum expiration date. (c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Prior to the offender reaching the projected release date, the voting options are the same as those listed in subsections (a) and (b) of this section. If the TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision using the following options:(1) RMS--Release to mandatory supervision; or (2) DMS (Month/Year)--Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one (1) year from the panel decision date. (d) The MRIS panel shall review identified offender's cases that meet MRIS criteria established by statute and defined by TCOOMMI.(1) The MRIS panel shall determine whether the identified offender constitutes a threat to public safety.(2) The MRIS panel shall consider the following factors when making their determination:(A) Criminal History.(B) Disciplinary, behavioral, rehabilitative, and medical compliance.(C) Victim/Trial Official information.(D) Nature and onset of medical condition.(E) Required medical treatment and care.(F) Individual diagnosis to include likelihood of recovery. (G) Any other relevant information.(3) The MRIS panel shall use one of the following voting options: (A) Approve MRIS--The MRIS panel shall provide appropriate reasons for the decision to approve MRIS. The MRIS panel shall vote F1-1 and impose special condition "O.35." This condition specifies that the offender shall comply with the terms and conditions of the MRIS program and abide by the (TCOOMMI)-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement"; or (B) Deny MRIS--The MRIS panel shall provide appropriate reasons for the decision to deny MRIS.(4) The decision to approve release to MRIS for an identified offender remains in effect until specifically withdrawn by a MRIS panel or the identified offender's status is revoked and returned to TDCJ-CID. (5) When the Parole Division receives information from a medical provider that the MRIS offender's medical condition has improved such that the offender is no longer MRIS eligible and the original parole eligibility date (PED) has been met, the MRIS panel may:(A) withdraw the MRIS special condition, or(B) continue the MRIS condition in effect; or(C) impose any other condition the MRIS panel deems appropriate.(6) If the MRIS offender violates their conditions of release that result in the issuance of a pre-revocation warrant, the MRIS offender shall adhere to the established pre-revocation process. However, the final determination of the MRIS offender shall be addressed by the MRIS panel.(7) The MRIS panel shall endeavor to complete the voting of each terminally ill offender referral within 10 business days of receipt from TCOOMMI and all other referrals within 20 business days.(e) If a request for a special review meets the criteria set forth in §145.17(f) of this title (relating to Action upon Special Review--Release Denied), the offender's case shall be sent to the special review panel.(1) The special review panel may take action as set forth in §145.17(i) of this title.(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full Board. The Presiding Officer shall determine the order of the voting panel. Voting options are the same as those in subsections (a) - (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §145.15 adopted to be effective September 26, 2002, 27 TexReg 8965; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective November 14, 2004, 29 TexReg 10270; amended to be effective September 16, 2007, 32 TexReg 6159; amended to be effective June 8, 2008, 33 TexReg 4333; amended to be effective March 10, 2011, 36 TexReg 1681; amended to be effective November 30, 2011, 36 TexReg 8043; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective August 10, 2014, 39 TexReg 5964; amended to be effective February 11, 2016, 41 TexReg 970; amended to be effective November18, 2018, 43 TexReg 7466; amended to be effective May 18, 2023, 48 TexReg 2508; amended to be effective November 20, 2025, 50 TexReg 7428.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.16"><num value="145.16">§145.16</num><heading>Action upon Special Review--Release Approved</heading><content>(a) Responses received from trial officials or victims after a release to parole or release to mandatory supervision decision shall be considered information not previously available to the parole panel. Provided that release to parole or mandatory supervision has not occurred, the responses shall be referred to the parole panel or to the Board office corresponding to the parole panel that rendered the release to parole or release to mandatory supervision decision. A case reviewed by a parole panel, pursuant to the receipt of information not previously available to the parole panel, may then:(1) be continued in a release to parole or release to mandatory supervision status with or without additional conditions of release imposed; or(2) have the release to parole or release to mandatory supervision decision withdrawn and the next review date set by the parole panel in accordance with applicable provisions of Chapter 145 of this title (relating to Parole Process).(b) Nothing in this rule is intended to restrict a parole panel member from reconsidering a release vote to parole or mandatory supervision.</content><note type="source"><p>Source Note: The provisions of this §145.16 adopted to be effective May 1, 1995, 20 TexReg 2863; amended to be effective February 8, 1999, 24 TexReg 788; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective August 10, 2006, 31 TexReg 6237; amended to be effective September 13, 2012, 37 TexReg 7194; amended to be effective November 18, 2018, 43 TexReg 7466.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.17"><num value="145.17">§145.17</num><heading>Action upon Special Review--Release Denied</heading><content>(a) This rule provides a forum for receipt and consideration of information not previously available to the parole panel where the decision of the panel was to deny release to parole or mandatory supervision. If the denial decision was based upon erroneous information or an administrative file processing error, this rule does not apply.(b) Requests for special review shall apply only to cases reviewed for release to parole or mandatory supervision where the decision of the parole panel was to deny release to parole or mandatory supervision.(c) All requests for special review shall be in writing and signed by the offender, his or her attorney, or in cases where the offender is unable to sign due to a mental or physical impairment, by a person acting on his or her behalf.(d) All requests for special review shall be filed with the Texas Board of Pardons and Paroles, Board Administrator, 8610 Shoal Creek Blvd., Austin, Texas 78757.(e) The Board Administrator shall refer to the special review parole panel only those requests for special review which meet the criteria set forth herein.(f) Requests for special review shall be considered in the following circumstances:(1) a written request on behalf of an offender is received which cites information not previously available to the parole panel; or(2) a parole panel denied release to parole or mandatory supervision and a parole panel member who voted with the majority on that panel desires to have the decision reconsidered prior to the next review (NR) date; or(3) if both parole panel members who voted with the majority are no longer active Board Members or Parole Commissioners, the Presiding Officer Chair places the case in the special review process to be reconsidered prior to the NR date.(g) Information not previously available shall mean only:(1) responses from trial officials and victims;(2) a change in an offender's sentence and judgment; or(3) an allegation that the parole panel has committed an error of law or Board rule.(h) Erroneous information shall mean information provided to the parole panel during the review process that may have been utilized as a basis for denial but is later determined to be inaccurate.(i) Administrative processing error shall mean an action during the processing of an offender's file which results in the omission of or the recording of inaccurate information with respect to voting, denial reasons, or NR dates.(j) A special review parole panel, other than the current voting panel, shall decide and exercise final action on such requests for special review.(k) Upon considering a case for special review, the special review parole panel may take the following action:(1) defer for request and receipt of further information;(2) vote remain set; or(3) revote the case in accordance with applicable provisions of Subchapter A of this chapter (relating to Parole Process).(l) The special review parole panel shall not set an offender's NR date on a date later than the previous NR date.</content><note type="source"><p>Source Note: The provisions of this §145.17 adopted to be effective February 3, 1999, 24 TexReg 788; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective July 13, 2004, 29 TexReg 6733; amended to be effective June 12, 2005, 30 TexReg 3261; amended to be effective August 10, 2006, 31 TexReg 6238; amended to be effective December 9, 2007, 32 TexReg 8854; amended to be effective February 18, 2009, 34 TexReg 1096; amended to be effective August 6, 2015, 40 TexReg 4905; amended to be effective February 11, 2016, 41 TexReg 970; amended to be effective November 18, 2018, 43 TexReg 7466.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.18"><num value="145.18">§145.18</num><heading>Action upon Review; Extraordinary Vote (HB 1914)</heading><content>(a) This section applies to any offender convicted of or serving a sentence for a capital felony, other than a life sentence, who is eligible for parole, or convicted of or serving sentence for an offense under Section 22.021, Penal Code. All members of the Board shall vote on the release of an eligible offender. At least two-thirds of the members must vote favorably for the offender to be released to parole. Members of the Board shall not vote until they receive and review a copy of a written report from the TDCJ on the probability of the offender committing an offense after being released.(1) Upon review, use of the full range of voting options is not conducive to determining whether two-thirds of the Board considers the offender ready for release to parole. (2) If it is determined circumstances favor the offender's release to parole the Board has the following voting options available: (A) FI-1--Release the offender when eligible; (B) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four (4) months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP); (C) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9); or (D) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18. In no event shall the specified date be set more than three (3) years from the current panel decision date. (3) If it is determined that circumstances do not support a favorable action upon review, the following options are available: (A) NR (Month/Year)--Deny release and set the next review date for 36 or 60, 84 or 120 months following the panel decision date; or (B) SA--The offender's minimum or maximum expiration date is less than 120 months away. The offender will continue to serve their sentence until that date. (b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following voting options are available to the Board panel: (1) CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;(2) CU/NR (Month/Year-Cause Number)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or (3) CU/SA (Month/Year-Cause Number)--Deny release and order serve-all if the offender is within 60 months of their maximum expiration date. (c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Prior to the offender reaching the projected release date, the voting options are the same as those listed in subsections (a) and (b) of this section. If the TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision using the following options:(1) RMS--Release to mandatory supervision; or (2) DMS (Month/Year)--Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one (1) year from the panel decision date. (d) The MRIS panel shall review identified offender's cases that meet MRIS criteria established by statute and defined by TCOOMMI. (1) The MRIS panel shall determine whether the identified offender constitutes a threat to public safety.(2) The MRIS panel shall consider the following factors when making their determination:(A) Criminal History.(B) Disciplinary, behavioral, rehabilitative, and medical compliance.(C) Victim/Trial Official information.(D) Nature and onset of medical condition.(E) Required medical treatment and care.(F) Individual diagnosis to include likelihood of recovery. (G) Any other relevant information.(3) The MRIS panel shall use one of the following voting options: (A) Approve MRIS--The MRIS panel shall provide appropriate reasons for the decision to approve MRIS. The MRIS panel shall vote F1-1 and impose special condition "O.35". This condition specifies that the offender shall comply with the terms and conditions of the MRIS program and abide by the (TCOOMMI)-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement; or (B) Deny MRIS--The MRIS panel shall provide appropriate reasons for the decision to deny MRIS.(4) The decision to approve release to MRIS for an identified offender remains in effect until specifically withdrawn by a MRIS panel or the identified offender's status is revoked and returned to TDCJ-CID.(5) When the Parole Division receives information from a medical provider that the MRIS offender's medical condition has improved such that the offender is no longer MRIS eligible and the original parole eligibility date (PED) has been met, the MRIS panel may:(A) withdraw the MRIS special condition, or(B) continue the MRIS condition in effect; or(C) impose any other condition the MRIS panel deems appropriate.(6) If the MRIS offender violates their conditions of release that result in the issuance of a pre-revocation warrant, the MRIS offender shall adhere to the established pre-revocation process. However, the final determination of the MRIS offender shall be addressed by the MRIS panel.(7) The MRIS panel shall endeavor to complete the voting of each terminally ill offender referral within 10 business days of receipt from TCOOMMI and all other referrals within 20 business days.(e) If a request for a special review meets the criteria set forth in §145.17(i) of this title (relating to Action upon Special Review--Release Denied), the offender's case shall be sent to the special review panel.(1) The special review panel may take action as set forth in §175.17(i) of this title.(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full Board. The Presiding Officer shall determine the order of the voting panel. Voting options are the same as those in subsection (a) - (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §145.18 adopted to be effective February 11, 2016, 41 TexReg 972; amended to be effective November 24, 2016, 41 TexReg 9159; amended to be effective May 10, 2017, 42 TexReg 2415; amended to be effective November 18, 2018, 43 TexReg 7466; amended to be effective February 3, 2019, 44 TexReg 433; amended to be effective May 18, 2023, 48 TexReg 2508; amended to be effective November 20, 2025, 50 TexReg 7428.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.19"><num value="145.19">§145.19</num><heading>Action Upon Review; Early Release on Parole</heading><content>(a) This section applies only to an eligible offender who has been identified by TDCJ as a suitable candidate for participation in an educational and vocational training pilot program.(b) If TDCJ determines an offender is a suitable candidate for early release on parole:(1) the offender shall be provided written notice of the early release on parole review and shall have 30 days from the receipt of the notice to submit, in writing, information to the Board; and(2) after the expiration of the 30-day time period, the case shall be referred to a parole panel who will consider the case for early release on parole approximately 180 days prior to the offender's parole eligibility date.(c) Upon considering a case for early release on parole, a parole panel may:(1) vote early release on parole; or(2) vote deny early release on parole.(d) If the parole panel votes to deny early release on parole, the offender shall be considered for release on parole on the date that the offender would otherwise have been considered for release on parole.</content><note type="source"><p>Source Note: The provisions of this §145.19 adopted to be effective June 9, 2022, 47 TexReg 3273.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scA/s145.20"><num value="145.20">§145.20</num><heading>Parole Certificate</heading><content>(a) When the parole plan has been approved, a parole certificate shall be issued and signed with a facsimile signature of the Chair.(b) The parole approval is not effective or final until a formal parole agreement is executed by the offender. The approval may be withdrawn by a parole panel at any time prior to the acceptance and execution by the offender of the formal parole agreement(s) which is contained in the parole certificate.(c) The parole certificate shall not become effective and in force until the conditions are agreed to, signed, and accepted by the offender.</content><note type="source"><p>Source Note: The provisions of this §145.20 adopted to be effective July 1, 1994, 19 TexReg 4756; amended to be effective Septmeber 26, 2002, 27 TexReg 8964; amended to be effective November 18, 2018, 43 TexReg 7466.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c145/scB"><num value="B">SUBCHAPTER B</num><heading>TERMS AND CONDITIONS OF PAROLE</heading><section identifier="/us/state/tx/tac/t37/p5/c145/scB/s145.21"><num value="145.21">§145.21</num><heading>Parole in Absentia (Parole Review and Mandatory Supervision for Offenders Not in Actual Physical Custody of the TDCJ-CID)</heading><content>Offenders serving state prison sentences for Texas crimes and offenders whose parole or mandatory supervision has been revoked who are not in the actual physical custody of the TDCJ-CID are subject to the parole review process as set out in this chapter and title in accord with the following.(1) Parole in absentia processing is initiated upon referral from the county of conviction when all necessary pen packet documents have been compiled and presented to the TDCJ-CID.(2) Prior to consideration for parole by the parole panel, the offender may be interviewed for the purpose of obtaining a parole release plan and completion of a parole in absentia summary in order that the parole panel may make an informed decision concerning parole release suitability (§145.12 of this title, relating to Action upon Review; §145.16 of this title, relating to Action upon Special Review--Release Approved; and §145.17 of this title, relating to Action upon Special Review--Release Denied).(3) An offender released to parole in absentia or mandatory supervision on a Texas felony sentence shall, after release, be treated the same as an offender released on parole or mandatory supervision directly from the TDCJ-CID. Such offenders are subject to revocation for violation of the terms and conditions of their release pursuant to the provisions and procedures of Chapter 146 of this title (relating to Revocation of Parole or Mandatory Supervision).</content><note type="source"><p>Source Note: The provisions of this §145.21 adopted to be effective July 1, 1994, 19 TexReg 4757; amended to be effective November 14, 1999, 24 TexReg 9846; amended to be effective February 5, 2004, 29 TexReg 1209; amended to be effective August 10, 2006, 31 TexReg 6239; amended to be effective September 13, 2012, 37 TexReg 7195; amended to be effective August 6, 2015, 40 TexReg 4906.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scB/s145.22"><num value="145.22">§145.22</num><heading>Conditions and Rules of Parole</heading><content>(a) Every offender approved for release on parole shall be issued a written statement listing the conditions and rules of parole in clear and intelligible language. The conditions and rules of parole must be agreed to and accepted by the offender prior to release. The offender may have additional conditions imposed by the parole panel after release, and shall be notified in writing of any such conditions.(b) Continuance on parole is conditioned upon full compliance with all the conditions and rules of parole as imposed by the parole panel.(c) The parole panel shall not impose as a condition for release to parole that the offender be released only to a state other than the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §145.22 adopted to be effective November 4, 1996, 21 TexReg 10438; amended to be effective August 17, 1999, 24 TexReg 6314; amended to be effective March 20, 2003, 28 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scB/s145.23"><num value="145.23">§145.23</num><heading>Texas Offenders Supervised in Other States</heading><content>Texas offenders accepted for supervision in other states under the terms of the Interstate Parole Compact (Chapter 510, Government Code) are required to abide by both the rules of parole for Texas as set forth in §145.22 of this title (relating to Terms and Conditions of Parole) and the rules of parole of the receiving state.</content><note type="source"><p>Source Note: The provisions of this §145.23 adopted to be effective August 15, 1989, 14 TexReg 3813; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective September 13, 2012, 37 TexReg 7195.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c145/scB/s145.24"><num value="145.24">§145.24</num><heading>Out-of-State Offenders Supervised in Texas</heading><content>Offenders from outside the State of Texas accepted in Texas for supervision by the Division under the terms of the Interstate Parole Compact (Chapter 510, Government Code) are required to abide by both the rules of parole for Texas offenders as set forth in §145.22 of this title (relating to Terms and Conditions of Parole) and the rules of parole of the sending state.</content><note type="source"><p>Source Note: The provisions of this §145.24 adopted to be effective July 1, 1994, 19 TexReg 4757; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective September 13, 2012, 37 TexReg 7195.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c146"><num value="146">CHAPTER 146</num><heading>REVOCATION OF PAROLE OR MANDATORY SUPERVISION</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c146/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.3"><num value="146.3">§146.3</num><heading>Right to Counsel</heading><content>The Board Administrator or designee shall weigh the following factors in determining whether the releasee is to be appointed an attorney:(1) whether the releasee is indigent;(2) whether the releasee lacks the ability to articulate or present a defense or mitigation evidence in response to the allegations; and(3) the complexity of the case and whether the releasee admits the alleged violations.</content><note type="source"><p>Source Note: The provisions of this §146.3 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.4"><num value="146.4">§146.4</num><heading>Procedure after Waiver of Preliminary Hearing</heading><content>(a) Following the waiver of the right to a preliminary hearing, the parole panel or a designee of the Board may proceed to a revocation hearing after a finding of probable cause or reasonable belief that the releasee violated a condition of parole or mandatory supervision.(b) The parole panel or designee of the Board may accept a waiver of the preliminary hearing provided that a waiver of the preliminary hearing includes the following:(1) information that the releasee was served with the following:(A) notice of the right to a preliminary hearing and that its purpose is to determine whether there is probable cause or reasonable belief to believe the releasee has committed a parole violation;(B) written notice of the allegations of parole violation against the releasee;(C) notice of the right to full disclosure of the evidence;(D) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;(E) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;(F) notice that the case will be heard by a parole panel or designee of the Board;(G) notice that the releasee has the opportunity to waive in writing the right to either or both the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and(H) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney; and(2) information which supports the evidence of the alleged rule violations, which may include but are not limited to the following:(A) complaint and information or grand jury indictment;(B) judgment and sentence of conviction;(C) reports of violation;(D) witness affidavits; or(E) other evidence, e.g., if the releasee was not indicted by a grand jury or convicted.</content><note type="source"><p>Source Note: The provisions of this §146.4 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 15, 2024, 49 TexReg 3369.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.5"><num value="146.5">§146.5</num><heading>Procedure after Waiver of Revocation Hearing</heading><content>(a) Following a review of the waiver of the right to a revocation hearing and receipt of supporting documentation of evidence of the alleged rule violations as described in §146.4 of this title (relating to Procedure after Waiver of Preliminary Hearing), the parole panel may make final disposition of the case by taking one of the following actions:(1) continue the parole or mandatory supervision, in any manner warranted by the evidence;(2) revoke the parole or mandatory supervision in any manner warranted by the evidence, provided that the parole panel finds a preponderance of evidence exists that a condition of parole or mandatory supervision was violated; or(3) refer the case for further action.(b) If final Board disposition is an order to revoke the parole or mandatory supervision, the releasee or attorney shall be notified in writing of the parole panel's decision.</content><note type="source"><p>Source Note: The provisions of this §146.5 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective February 11, 2016, 41 TexReg 97; amended to be effective May 15, 2024, 49 TexReg 3369.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.6"><num value="146.6">§146.6</num><heading>Scheduling of Preliminary Hearing</heading><content>(a) Upon request, the Board or the Board's scheduling staff shall schedule a preliminary hearing unless:(1) more than fourteen calendar days have elapsed from the time the warrant is executed; or(2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:(A) notice of the right to a preliminary hearing and that its purpose is to determine whether there is probable cause or reasonable belief to believe the releasee has committed a parole violation;(B) written notice of the allegations of parole violation against the releasee;(C) notice of the right to full disclosure of the evidence;(D) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;(E) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;(F) notice that the case will be heard by a parole panel or designee of the Board;(G) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and(H) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.(b) For the purposes of subsection (a)(1) of this section, a warrant is executed if:(1) the releasee is arrested only on a charge that the releasee has committed a violation of a condition of parole or mandatory supervision and is not charged before the 91st day with the commission of an offense; or(2) the sheriff having custody of the releasee notifies the division that the releasee has discharged the sentence or that the prosecutor has dismissed the charge under Article 32.02, Code of Criminal Procedure.(c) If the Board or the Board's scheduling staff receives a request for a preliminary hearing later than the fourteenth calendar day following the provisions described in subsection (a)(1) of this section, the Board or the Board's scheduling staff shall require the requestor to provide an explanation of the delay.</content><note type="source"><p>Source Note: The provisions of this §146.6 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 12, 2019, 44 TexReg 2269; amended to be effective November 8, 2023, 48 TexReg 6468.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.7"><num value="146.7">§146.7</num><heading>Preliminary Hearing</heading><content>(a) The parole panel or designee of the Board shall conduct the preliminary hearing. The purpose of the preliminary hearing is to determine whether there is probable cause or a reasonable belief that the releasee violated a condition of parole or mandatory supervision.(b) The preliminary hearing shall be held at or near the location of the alleged violations or arrest, unless the releasee is:(1) detained in federal custody;(2) held in a hospital or other facility for diagnosis or treatment of a physical or mental condition; or(3) arrested or detained on the authority of a warrant in a state other than the state of release.(c) If the decision of the parole panel or designee of the Board is that there is probable cause or reasonable belief to proceed to a revocation hearing, upon the request of the parole panel, designee of the Board or the parole officer, the Board's scheduling staff may schedule a revocation hearing;(1) at the conclusion of the hearing, or(2) after a pending charge is adjudicated.(d) If the parole panel or the designee of the Board finds that there is no probable cause or reasonable belief to proceed to a revocation hearing or does not schedule a revocation hearing, the parole panel or designee of the Board shall collect, prepare and forward to a parole panel, or to the TDCJ PD Interstate Compact for Probation and Parole Supervision, if the hearing was held pursuant to the Interstate Commission for Adult Offender Supervision rules, the following information:(1) all documents and exhibits offered or admitted into evidence at the preliminary hearing;(2) a summary report of the evidence relied upon to formulate the Hearing Officer's findings; and(3) the recording of the hearing.(e) Following a review of the supporting evidence of rule violations as described in subsection (d) of this section, the parole panel may dispose of the case by taking one of the following actions:(1) continue the parole or mandatory supervision in any manner warranted by the evidence;(2) proceed to a revocation hearing; or(3) refer the case for further action.(f) No preliminary hearing is required if the releasee:(1) waives the preliminary hearing;(2) has been charged only with an administrative violation of a condition of parole or mandatory supervision; or(3) has been adjudicated guilty of or has pleaded guilty or nolo contendere to an offense committed after release, other than an offense punishable by fine only involving the operation of a motor vehicle, regardless of whether the court has deferred disposition of the case, imposed a sentence in the case, or placed the releasee on community supervision.</content><note type="source"><p>Source Note: The provisions of this §146.7 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 15, 2024, 49 TexReg 3369.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.8"><num value="146.8">§146.8</num><heading>Scheduling of Revocation Hearings</heading><content>(a) Upon request, the Board or the Board's scheduling staff shall schedule a revocation hearing unless information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:(1) notice of the right to a revocation hearing and that its purpose is to make a final evaluation of any contested relevant facts and consideration of whether the facts as determined warrant revocation of parole;(2) written notice of the allegations of parole violation against the releasee;(3) notice of the right to full disclosure of the evidence against the releasee;(4) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;(5) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;(6) notice that releasee has an opportunity to be heard and to show that he did not violate the conditions, or if the releasee did, that circumstances in mitigation suggest that the violation does not warrant revocation;(7) notice that the case will be heard by a parole panel or designee of the Board;(8) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and(9) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.(b) If the releasee is not entitled to a preliminary hearing and requests a revocation hearing, the Board or the Board's scheduling staff shall schedule a revocation hearing unless:(1) more than fourteen calendar days have elapsed from the time that the warrant is executed; or(2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:(A) notice of the right to a revocation hearing and that its purpose is to make a final evaluation of any contested relevant facts and consideration of whether the facts as determined warrant revocation of parole;(B) written notice of the claimed allegations of parole violation against the releasee;(C) notice of the right to full disclosure of the evidence;(D) notice that releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;(E) notice that the releasee has the right to confront and cross-examine adverse witnesses unless the Hearing Officer specifically finds good cause for not allowing confrontation of the witness;(F) notice that releasee has an opportunity to be heard and to show that he did not violate the conditions, or if the releasee did, that circumstances in mitigation suggest that the violation does not warrant revocation;(G) notice that the case will be heard by a parole panel or designee of the Board;(H) notice that the releasee has the opportunity to waive in writing the right to either or both of the preliminary and revocation hearings, with the additional understanding that, if the releasee waives the revocation hearing, the Board will in all probability revoke; and(I) notice that the releasee has the right to retain an attorney and the conditional right to an appointed attorney.(c) If the Board or the Board's scheduling staff receives a request for a revocation hearing later than the fourteenth calendar day following the provisions described in subsection (b)(1) of this section, the Board or the Board's scheduling staff shall require the requestor to provide an explanation of the delay.(d) For the purposes of subsection (b)(1) of this section, a warrant is executed if:(1) the releasee is arrested only on a charge that the releasee has committed a violation of a condition of parole or mandatory supervision and is not charged before the 91st day with the commission of an offense; or(2) the sheriff having custody of the releasee notifies the division that the releasee has discharged the sentence or that the prosecutor has dismissed the charge under Article 32.02, Code of Criminal Procedure.(e) In cases under subsection (d) of this section, a revocation hearing shall be held within a reasonable time.</content><note type="source"><p>Source Note: The provisions of this §146.8 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 12, 2019, 44 TexReg 2269; amended to be effective November 8, 2023, 48 TexReg 6468.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.9"><num value="146.9">§146.9</num><heading>Revocation Hearing</heading><content>(a) The parole panel or designee of the Board shall conduct the revocation hearing. The purpose of the revocation hearing is to consider the evidence offered pursuant to an allegation of a violation of a condition of parole or mandatory supervision. The parole panel or designee of the Board must determine whether it is shown by a preponderance of the credible evidence that the releasee violated a condition of parole or mandatory supervision.(b) The revocation hearing shall not proceed to the mitigation phase unless it is determined by the parole panel or designee of the Board by a preponderance of the credible evidence that the releasee did violate a condition of parole or mandatory supervision.(c) At the close of the hearing or within a reasonable time thereafter, the parole panel or designee of the Board shall collect, prepare and forward to the parole panel:(1) all documents;(2) a summary report of the hearing separately setting out findings of fact relative to the alleged violation of a condition of parole or mandatory supervision, based on a preponderance of the credible evidence, which includes statements of the evidence relied upon in reaching said finding; and(3) the hearing recording.</content><note type="source"><p>Source Note: The provisions of this §146.9 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective October 29, 2000, 25 TexReg 10570; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 15, 2024, 49 TexReg 3369.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.10"><num value="146.10">§146.10</num><heading>Final Board Disposition</heading><content>(a) The parole panel may make final disposition of the case by taking one of the following actions:(1) continue the parole or mandatory supervision, in any manner warranted by the evidence;(2) recommend to the Governor that the conditional pardon be continued, revoked, or modified; or(3) revoke the parole or mandatory supervision, provided that all revocation decisions are preceded by a mitigation hearing; or(4) refer the case to the Hearing Officer, with or without reopening the hearing, for further development of issues as specified by the parole panel.(b) If final Board disposition is an order to revoke the parole or mandatory supervision, the releasee or attorney shall be notified in writing and provided with a copy of the report of the Hearing Officer and notice of the right to submit a motion to reopen the hearing.</content><note type="source"><p>Source Note: The provisions of this §146.10 adopted to be effective December 29, 1997, 22 TexReg 12541; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 15, 2024, 49 TexReg 3369.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.11"><num value="146.11">§146.11</num><heading>Releasee's Motion to Reopen Hearing or Reinstate Supervision</heading><content>(a) The releasee or releasee's attorney shall have 60 days from the date of the parole panel's revocation decision to submit a written request for reopening a case for any substantial error in the revocation process or upon newly discovered information.(b) A written request to reopen the revocation hearing or reinstate supervision submitted later than 60 days from the date of the parole panel's revocation decision will not be considered unless under exceptional circumstances including but not limited to:(1) judicial reversal of a judgment of conviction of a criminal offense where the offense constituted an underlying factor in the initial revocation decision;(2) judicial order requiring a hearing;(3) initial revocation effected without opportunity for a hearing or waiver as required under law.(c) Any such request for reopening made under this section must be in writing and delivered to the Board or placed in the United States mail and addressed to the Texas Board of Pardons and Paroles, Attention: General Counsel, 8610 Shoal Creek Blvd., Austin, Texas 78757.(d) On transmittal, a parole panel designated by the Chair other than the original panel shall dispose of the motion by:(1) granting of the motion and ordering that the hearing be reopened for a stated specified and limited purpose;(2) denial of the motion; or(3) reversal of the panel decision previously entered and withdrawal of the Board's revocation warrant, under the same terms and provisions as provided in §146.10 of this title (relating to Final Board Disposition).(e) The releasee and attorney, if any, shall be notified in writing of the parole panel's decision.(f) When a releasee's motion to reopen the hearing under this section is granted, the releasee shall be deemed to have consented to such further reasonable delay in the final disposition of his or her case as shall be required for the procedure described in §146.12 of this title (relating to Procedure after Motion to Reopen is Granted; Time; Rights of the Releasee; Final Disposition).</content><note type="source"><p>Source Note: The provisions of this §146.11 adopted to be effective June 19, 2002, 27 TexReg 5217; amended to be effective January 16, 2006, 31 TexReg 306; amended to be effective December 9, 2007, 32 TexReg 8855; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective February 11, 2016, 41 TexReg 972; amended to be effective May 12, 2019, 44 TexReg 2269.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c146/sc/s146.12"><num value="146.12">§146.12</num><heading>Procedure after Motion to Reopen is Granted; Time; Rights of the Releasee; Final Disposition</heading><content>(a) When the parole panel disposes of a releasee's motion to reopen under §146.11 of this title (relating to Releasee's Motion to Reopen Hearing or Reinstate Supervision) by granting said motion to reopen the hearing, the case shall be disposed of or referred to a parole panel or designee of the Board for final disposition in accordance with this section and the previous disposition of the case made by the parole panel under §146.10 of this title (relating to Final Board Disposition) shall be set aside and shall be of no force and effect.(b) The purpose of the further proceedings before the parole panel or designee of the Board under this section shall be as specified by the parole panel in its order granting the releasee's motion to reopen pursuant to §146.11(d)(1) of this title.(c) When the parole panel or designee of the Board convenes the reopening of the hearing, it shall have before it the entire record previously compiled in the case, including:(1) the record, report, and recommendation of the preliminary hearing under §146.7 of this title (relating to Preliminary Hearing) or revocation hearing under §146.9 of this title (relating to Revocation Hearing) collected or prepared by the designee of the Board originally assigned to the case;(2) any amendments, supplements, or modifications of the record, report, or recommendation as developed through prior reopenings of the case;(3) the releasee's motion to reopen the hearing pursuant to §146.11 of this title; and(4) any transmittal submitted to the parole panel with recommendation from Board staff. Any transmittal submitted to the parole panel by the General Counsel constitutes legal advice which is confidential under law, and shall not be released to the public as part of the hearing packet.(d) At the conclusion of the proceedings before the parole panel or designee of the Board, or within a reasonable time thereafter, the parole panel shall make final disposition of the case by taking one of the following actions in any manner warranted by the evidence:(1) continue the revocation action;(2) rescind the revocation action and reinstate supervision, under the previous or modified conditions;(3) rescind the revocation action and reinstate supervision, imposing confinement in an ISF or SAFP;(4) if the releasee received a conditional pardon, recommend to the Governor that the revocation action be continued, modified, or rescinded.</content><note type="source"><p>Source Note: The provisions of this §146.12 adopted to be effective June 19, 2002, 27 TexReg 5217; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 11, 2016, 41 TexReg 972.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c147"><num value="147">CHAPTER 147</num><heading>HEARINGS</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c147/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL RULES FOR HEARINGS</heading><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.1"><num value="147.1">§147.1</num><heading>Public Hearings</heading><content>(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 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 §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 privileged information being introduced into evidence. After the confidential or privileged evidence is obtained, the Hearing Officer shall open the hearing to the public and announce the same on the record.</content><note type="source"><p>Source Note: The provisions of this §147.1 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective February 5, 2015, 40 TexReg 442; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.2"><num value="147.2">§147.2</num><heading>Authority of Hearing Officers</heading><content>(a) A Hearing Officer shall have the following authority:(1) to administer oaths;(2) to examine witnesses;(3) to rule on the admissibility of evidence;(4) to rule on motions and objections;(5) to recess any hearing from time to time and place to place;(6) to reopen, upon order of a parole panel, or reconvene, or both, any hearing;(7) to issue on behalf of the Board subpoenas, warrants, and other documents authorized by and signed by a Board Member in accordance with statutory authority;(8) to maintain order and decorum throughout the course of any proceedings;(9) to collect documents and exhibits comprising the record of the hearing;(10) to prepare the report of the hearing and make a recommendation to the Board for disposition of the case; and(11) to act as the finder of facts and determine the weight to be given to particular evidence or testimony and to determine the credibility of witnesses.(b) If a Hearing Officer fails to complete an assigned case, another officer may complete the case without the necessity of duplicating any duty or function performed by the previous Hearing Officer.</content><note type="source"><p>Source Note: The provisions of this §147.2 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective August 11, 2016, 41 TexReg 5763.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.3"><num value="147.3">§147.3</num><heading>Ex Parte Consultations</heading><content>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 may not, directly or indirectly, initiate, permit, nor consider communications in connection with any issue of fact or law with any party, except on notice and opportunity for all parties to participate.</content><note type="source"><p>Source Note: The provisions of this §147.3 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.4"><num value="147.4">§147.4</num><heading>Motions</heading><content>Unless made during a hearing, motions shall be made in writing, set forth the relief or order sought, and shall be filed with the Hearing Officer. Motions based on matters which do not appear of record shall be supported by affidavit.</content><note type="source"><p>Source Note: The provisions of this §147.4 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective August 11, 2016, 41 TexReg 5763.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.5"><num value="147.5">§147.5</num><heading>Witnesses</heading><content>(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 §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 it appears to 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 a favorable good cause determination by the Hearing Officer, may present testimony by written statement.</content><note type="source"><p>Source Note: The provisions of this §147.5 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective February 5, 2004, 29 TexReg 1210; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.6"><num value="147.6">§147.6</num><heading>Record</heading><content>(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 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 part of the official parole record maintained by the Division. All requests for copies of the hearing report or hearing recording shall be addressed to the Division.</content><note type="source"><p>Source Note: The provisions of this §147.6 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective January 31, 2013, 38 TexReg 388; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 718.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scA/s147.7"><num value="147.7">§147.7</num><heading>Decisions</heading><content>(a) A final decision or order adverse to any party shall be in writing.(b) Any party, as defined herein, shall be notified personally or by mail of any decision or order.</content><note type="source"><p>Source Note: The provisions of this §147.7 adopted to be effective January 1, 1976, amended to be effective March 17, 1987, 12 TexReg 736; amended to be effective August 15, 1989, 14 TexReg 3814.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c147/scB"><num value="B">SUBCHAPTER B</num><heading>EVIDENCE</heading><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.21"><num value="147.21">§147.21</num><heading>Order</heading><content>The Hearing Officer shall determine the order of presentation of evidence.</content><note type="source"><p>Source Note: The provisions of this §147.21 adopted to be effective January 1, 1976; amended to be effective August 11, 2016, 41 TexReg 5763.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.22"><num value="147.22">§147.22</num><heading>Rules</heading><content>Hearing Officers shall apply the Texas Rules of Evidence. When necessary to ascertain facts not reasonably susceptible of proof under these rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.</content><note type="source"><p>Source Note: The provisions of this §147.22 adopted to be effective January 1, 1976; amended to be effective October 31, 1980, 5 TexReg 4178; amended to be effective February 15, 2000, 25 TexReg 1130; amended to be effective August 11, 2016, 41 TexReg 5763.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.23"><num value="147.23">§147.23</num><heading>Privilege</heading><content>Hearing Officers shall give effect to the rules of privilege recognized by law.</content><note type="source"><p>Source Note: The provisions of this §147.23 adopted to be effective January 1, 1976; amended to be effective August 11, 2016, 41 TexReg 5763.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.24"><num value="147.24">§147.24</num><heading>Relevant Testimony</heading><content>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 Hearing Officer's opinion, irrelevant, incompetent, unduly repetitious, or immaterial, such questioning shall be terminated.</content><note type="source"><p>Source Note: The provisions of this §147.24 adopted to be effective January, 1976; amended to be effective October 31, 1980, 5 TexReg 4178; amended to be effective August 11, 2016, 41 TexReg 5763; amended to be effective February 13, 2024, 49 TexReg 719.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.25"><num value="147.25">§147.25</num><heading>Staff Reports</heading><content>Relevant staff reports may be admitted as evidence in any hearing.</content><note type="source"><p>Source Note: The provisions of this §147.25 adopted to be effective January 1, 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.26"><num value="147.26">§147.26</num><heading>Stipulation</heading><content>Evidence may be stipulated to by agreement of all parties.</content><note type="source"><p>Source Note: The provisions of this §147.26 adopted to be effective January 1, 1976; amended to be effective February 13, 2024, 49 TexReg 719.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c147/scB/s147.27"><num value="147.27">§147.27</num><heading>Decisions</heading><content>Objections to evidence offers may be made and shall be ruled upon by the Hearing Officer and any objections and the rulings thereon shall be noted in the record.</content><note type="source"><p>Source Note: The provisions of this §147.27 adopted to be effective December 21, 1994, 19 TexReg 9751; amended to be effective August 11, 2016, 41 TexReg 5763.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c148"><num value="148">CHAPTER 148</num><heading>SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c148/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.40"><num value="148.40">§148.40</num><heading>Purpose</heading><content>This chapter only applies to releasees not convicted of a sex offense to include a past juvenile adjudication for a sex offense.</content><note type="source"><p>Source Note: The provisions of this §148.40 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective February 5, 2015, 40 TexReg 443.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.41"><num value="148.41">§148.41</num><heading>Public Hearings</heading><content>(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 the information presented shall be given effect by the Hearing Officer.(c) To give effect to subsection (b) of this section, 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.</content><note type="source"><p>Source Note: The provisions of this §148.41 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.42"><num value="148.42">§148.42</num><heading>Authority of Hearing Officers</heading><content>(a) A Hearing Officer shall have the following authority:(1) to administer oaths;(2) to examine witnesses;(3) to rule on the admissibility of evidence;(4) to rule on motions and objections;(5) to recess any hearing from time to time and place to place;(6) to reopen, upon request of a parole panel, or reconvene, or both, any hearing;(7) to issue on behalf of the Board subpoenas and other documents authorized by and signed by a Board Member in accordance with statutory authority;(8) to maintain order and decorum throughout the course of any proceedings;(9) to collect documents and exhibits comprising the record of the hearing;(10) to prepare the report of the hearing for the parole panel to make final disposition of the case; and(11) to determine the weight to be given to particular evidence or testimony and to determine the credibility of witnesses.(b) If a Hearing Officer fails to complete an assigned case, another Hearing Officer may complete the case without the necessity of duplicating any duty or function performed by the previous Hearing Officer.</content><note type="source"><p>Source Note: The provisions of this §148.42 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.43"><num value="148.43">§148.43</num><heading>Ex Parte Consultations</heading><content>Unless required for the disposition of matters authorized by law, Hearing Officers, Board Members, and Parole Commissioners assigned to render a decision may not directly or indirectly, initiate, permit, nor consider communications in connection with any issue of fact or law with any party, except on notice and opportunity for all parties to participate.</content><note type="source"><p>Source Note: The provisions of this §148.43 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.44"><num value="148.44">§148.44</num><heading>Motions</heading><content>Unless made during a hearing, motions shall be made in writing, set forth the relief or order sought, and shall be filed with the Hearing Officer assigned to conduct the hearing. Motions based on matters which do not appear of record shall be supported by affidavit.</content><note type="source"><p>Source Note: The provisions of this §148.44 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.45"><num value="148.45">§148.45</num><heading>Witnesses</heading><content>(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 §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 Division who has acted or served in the capacity of supervising, advising, or agent officer in the case.(2) When the Hearing Officer determines 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 their 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 may present testimony by written statement upon a favorable good cause determination by the Hearing Officer.</content><note type="source"><p>Source Note: The provisions of this §148.45 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective February 11, 2021, 46 TexReg 937; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.46"><num value="148.46">§148.46</num><heading>Opinion and Expert Testimony</heading><content>All witnesses who are testifying in the form of an opinion or inference shall submit a written report to the other party and the Hearing Officer in the manner prescribed by §148.47 of this title (relating to Evidence).</content><note type="source"><p>Source Note: The provisions of this §148.46 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.47"><num value="148.47">§148.47</num><heading>Evidence</heading><content>(a) No later than five (5) days prior to the scheduled hearing, all parties shall submit all documents that will be introduced into evidence at the hearing to the other party and the Hearing Officer.(b) All parties shall have an opportunity to present evidence in the form of testimony and written documentation. The Hearing Officer shall determine the order of presentation of evidence.(c) The Texas Rules of Evidence shall apply. When necessary to ascertain facts not reasonably susceptible of proof under these rules, evidence not admissible thereunder may be admitted, except where precluded by statute, if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs.(d) The Hearing Officer shall give effect to the rules of privilege recognized by law.(e) Relevant 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, irrelevant, incompetent, unduly repetitious, or immaterial, such questioning shall be terminated.(f) Relevant staff reports may be admitted as evidence in any hearing.(g) Evidence may be stipulated by agreement of all parties.(h) Objections may be made and shall be ruled upon by the Hearing Officer, and any objections and the rulings thereon shall be noted in the record.</content><note type="source"><p>Source Note: The provisions of this §148.47 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective February 11, 2021, 46 TexReg 937.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.48"><num value="148.48">§148.48</num><heading>Record</heading><content>(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 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 Division. All requests for copies of the hearing report or hearing recording shall be addressed to the Division.</content><note type="source"><p>Source Note: The provisions of this §148.48 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective August 11, 2016, 41 TexReg 5764; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective February 11, 2021, 46 TexReg 937; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.49"><num value="148.49">§148.49</num><heading>Decisions</heading><content>(a) A final decision or order shall be in writing and delivered to the releasee or attorney as required by §148.53 of this title (relating to Final Board Disposition).(b) The releasee or attorney shall be notified in writing and provided with a copy of the report of the Hearing Officer and notice of the right to submit a petition to reopen the hearing.</content><note type="source"><p>Source Note: The provisions of this §148.49 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.50"><num value="148.50">§148.50</num><heading>Procedure after Waiver of Hearing</heading><content>(a) The parole panel may accept a waiver of the hearing provided that a waiver of the hearing includes the following:(1) information that the releasee was served with written notice of the following:(A) notice of the right to a hearing, the purpose of which is to determine whether sex offender conditions may be imposed as a special condition of the release; (B) notice of the right to full disclosure of the evidence; (C) notice that the releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;(D) notice that the releasee has the right to confront and cross-examine witnesses unless the parole panel or designee of the Board specifically finds good cause is shown;(E) notice that the matter will be heard by an impartial decision-maker; and (F) the opportunity to waive in writing the right to a hearing.(2) information the Division relied upon to identify the releasee as a sex offender.(b) After reviewing the waiver of the right to a sex offender condition hearing and receipt of supporting documentation of evidence of the releasee's sexually deviant behavior in the offense for which the releasee is currently on supervision, the parole panel or designee of the Board must determine that, by a preponderance of the evidence, the releasee constitutes a threat to society by reason of their lack of sexual control. The parole panel shall make final disposition of the case by taking one of the following actions:(1) impose sex offender conditions; or (2) deny the imposition of sex offender conditions.</content><note type="source"><p>Source Note: The provisions of this §148.50 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective September 13, 2012, 37 TexReg 7195; amended to be effective March 28, 2013, 38 TexReg 2022; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective February 11, 2021, 46 TexReg 937; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.51"><num value="148.51">§148.51</num><heading>Scheduling of Hearing</heading><content>Upon request, the Board or the Board's scheduling staff shall schedule the hearing unless:(1) fewer than seven (7) calendar days have elapsed from the time the releasee received notice; or(2) information has not been presented to the Board or the Board's scheduling staff that the releasee was served with the following:(A) notice of the right to a hearing, the purpose of which is to determine whether sex offender conditions may be imposed as a special condition of the release;(B) notice of the right to full disclosure of the evidence; (C) notice that the releasee has the opportunity to be heard in person and to present witnesses and documentary evidence;(D) notice that the releasee has the right to confront and cross-examine witnesses unless the parole panel or designee of the Board specifically finds good cause is shown;(E) notice that the matter will be heard by an impartial decision-maker; and (F) opportunity to waive in writing the right to a hearing.</content><note type="source"><p>Source Note: The provisions of this §148.51 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.52"><num value="148.52">§148.52</num><heading>Hearing</heading><content>(a) The designee of the Board shall conduct the hearing for the purpose of determining whether sex offender conditions may be imposed as a special condition of release.(b) The designee of the Board must determine, as shown by a preponderance of the evidence, that the releasee constitutes a threat to society by reason of their lack of sexual control.(c) At the close of the hearing, or within a reasonable time thereafter, the designee of the Board shall collect, prepare, and forward to the parole panel:(1) all documents; (2) a summary report of the hearing with a written statement as to the evidence relied upon to make a finding or no finding that the releasee constitutes a threat to society by reason of their lack of sexual control; and (3) the recording of the hearing.</content><note type="source"><p>Source Note: The provisions of this §148.52 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective February 11, 2021, 46 TexReg 937; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.53"><num value="148.53">§148.53</num><heading>Final Board Disposition</heading><content>(a) After reviewing the evidence in the summary report of the hearing, the parole panel shall make final disposition of the case by taking one of the following actions: (1) impose sex offender conditions; or (2) deny imposition of the sex offender condition.(b) The releasee or attorney shall be notified in writing of the Board's disposition and provided a copy of the summary report of the hearing and notice of the right to submit a petition to reopen the hearing.</content><note type="source"><p>Source Note: The provisions of this §148.53 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.54"><num value="148.54">§148.54</num><heading>Releasee's Motion to Reopen Hearing</heading><content>(a) The releasee or releasee's attorney shall have 30 days from the date of the parole panel's decision to request a reopening of the case for any substantial error in the process. (b) A request to reopen the hearing submitted later than 30 days from the date of the parole panel's decision will not be considered unless under exceptional circumstances including but not limited to:(1) a judicial order requiring a hearing;(2) the initial decision was made without the opportunity for a hearing or waiver.(c) Any such request for reopening made under this section must be in writing and delivered to the Board or placed in the United States mail and addressed to the Texas Board of Pardons and Paroles, General Counsel, 8610 Shoal Creek Blvd., Austin, Texas 78757.(d) On transmittal, a parole panel designated by the Chair other than the original parole panel shall dispose of the motion by:(1) granting the motion and ordering that the hearing be reopened for a stated specified and limited purpose;(2) denial of the motion; or(3) reversal of the parole panel decision previously entered.(e) The releasee and attorney, if any, shall be notified in writing of the parole panel's decision. (f) When a releasee's motion to reopen the hearing under this section is granted, the releasee shall be deemed to have consented to such further reasonable delay in the final disposition of their case as shall be required for the procedure under §148.55 of this title (relating to Procedure after Motion to Reopen Is Granted; Time; Rights of the Releasee; Final Disposition).</content><note type="source"><p>Source Note: The provisions of this §148.54 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c148/sc/s148.55"><num value="148.55">§148.55</num><heading>Procedure after Motion to Reopen Is Granted; Time; Rights of the Releasee; Final Disposition</heading><content>(a) When the parole panel disposes of a releasee's motion to reopen under §148.54 of this title (relating to Releasee's Motion to Reopen Hearing) by granting the motion to reopen the hearing, the case shall be disposed of or referred to a parole panel or designee of the Board for final disposition in accordance with this section and the previous disposition of the case made by the parole panel under §148.53 of this title (relating to Final Board Disposition), shall be set aside, and shall be of no force and effect.(b) The purpose of the further proceedings before the parole panel or designee of the Board under this section shall be as specified by the parole panel in its order granting the releasee's motion to reopen pursuant to §148.54 of this title.(c) When the parole panel or designee of the Board convenes the reopening of the hearing, it shall have before it the entire record previously compiled in the case, including:(1) the record, report, and decision of the hearing under §148.52 of this title (relating to Hearing) collected or prepared by the parole panel or designee of the Board originally assigned to the case;(2) any amendments, supplements, or modifications of the record, report, or decision as developed through prior reopenings of the case;(3) the releasee's motion to reopen the hearing pursuant to §148.54 of this title; and(4) any transmittal submitted to the parole panel with the recommendation from Board staff. Any transmittal submitted to the parole panel by the General Counsel constitutes legal advice that is confidential under law and shall not be released to the public as part of the hearing packet.(d) At the conclusion of the proceedings before the parole panel or designee of the Board, or within a reasonable time thereafter, the parole panel shall make final disposition of the case by taking one of the following actions in any manner warranted by the evidence:(1) continue the parole panel's action; or (2) withdraw the imposition of the special conditions.</content><note type="source"><p>Source Note: The provisions of this §148.55 adopted to be effective September 18, 2011, 36 TexReg 5944; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective February 9, 2017, 42 TexReg 480; amended to be effective May 15, 2025, 50 TexReg 2814.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c149"><num value="149">CHAPTER 149</num><heading>MANDATORY SUPERVISION</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c149/scA"><num value="A">SUBCHAPTER A</num><heading>RULES AND CONDITIONS OF MANDATORY SUPERVISION</heading><section identifier="/us/state/tx/tac/t37/p5/c149/scA/s149.1"><num value="149.1">§149.1</num><heading>Conditions and Rules of Mandatory Supervision</heading><content>(a) Every offender being released on mandatory supervision shall be issued a written statement listing the conditions and rules of mandatory supervision in clear and intelligible language; and, upon release to mandatory supervision, all conditions of release to mandatory supervision that the parole panel is required by law to impose as a condition of release to mandatory supervision are imposed. The offender may have additional conditions imposed by a parole panel after release, and shall be notified in writing of any such conditions. Continuance on mandatory supervision is conditioned upon full compliance with all conditions and rules of mandatory supervision as imposed by the parole panel.(b) The parole panel shall not impose as a condition for release to mandatory supervision that the offender be released only to a state other than the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §149.1 adopted to be effective November 4, 1996, 21 TexReg 10439; amended to be effective December 29, 1997, 22 TexReg 12543; amended to be effective September 26, 2002, 27 TexReg 8967.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c149/scA/s149.3"><num value="149.3">§149.3</num><heading>Texas Mandatory Supervision Offenders Supervised in Other States</heading><content>Texas mandatory supervision offenders accepted for supervision in other states under the terms of the Interstate Parole Compact for Adult Offender Supervision shall adhere to the conditions and rules of supervision for Texas and the receiving state.</content><note type="source"><p>Source Note: The provisions of this §149.3 adopted to be effective August 15, 1989, 14 TexReg 3814; amended to be effective September 26, 2002, 27 TexReg 8967; amended to be effective February 18, 2009, 34 TexReg 1097; amended to be effective January 31, 2013, 38 TexReg 389.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p5/c149/scB"><num value="B">SUBCHAPTER B</num><heading>SELECTION FOR MANDATORY SUPERVISION</heading><section identifier="/us/state/tx/tac/t37/p5/c149/scB/s149.16"><num value="149.16">§149.16</num><heading>Mandatory Release Certificate</heading><content>(a) When a mandatory release plan has been approved, a mandatory release certificate shall be issued and signed with a facsimile signature of the Chair.(b) The approval of discretionary mandatory supervision may be withdrawn by the parole panel prior to the release of the offender.</content><note type="source"><p>Source Note: The provisions of this §149.16 adopted to be effective July 1, 1994, 19 TexReg 4759; amended to be effective September 26, 2002, 27 TexReg 8968; amended to be effective August 11, 2016, 41 TexReg 5764.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p5/c150"><num value="150">CHAPTER 150</num><heading>MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS</heading><subchapter identifier="/us/state/tx/tac/t37/p5/c150/scA"><num value="A">SUBCHAPTER A</num><heading>PUBLISHED POLICIES OF THE BOARD</heading><section identifier="/us/state/tx/tac/t37/p5/c150/scA/s150.55"><num value="150.55">§150.55</num><heading>Conflict of Interest Policy</heading><content>(a) Section 1--Policy. (1) It is the policy of the Board that no Board Member or Parole Commissioner shall have any interest, financial or otherwise, direct or indirect; or engage in any business transaction or professional activity or incur any obligation of any nature that is in substantial conflict with the proper discharge of their duties in the public interest. In implementing this policy, they are provided the following standards of conduct, disclosure, and disqualification to be observed in the performance of their official duties. (2) A Board Member or Parole Commissioner shall respect and comply with the law and not allow their family, social, or other relationships to influence their conduct, decisions, or judgment. (b) Section 2--Disclosure. (1) A Board Member or Parole Commissioner shall submit generally, and on a case-by-case basis, written notice to the Presiding Officer (Chair) of any substantial interest held by the Board Member or Parole Commissioner in a business entity doing business with the Board of Criminal Justice, TDCJ, or the Board. (2) A Board Member or Parole Commissioner having a personal or private interest in any measure, proposal, or decision pending before the Board (including parole and discretionary mandatory supervision release decisions) shall immediately notify the Chair in writing of such interest. The Chair shall publicly disclose the Board Member's or Parole Commissioner's interest to the Board in a meeting of the Board. The Board Member or Parole Commissioner shall not vote or otherwise participate in the decision. The disclosure shall be entered into the minutes or official record of the meeting.(3) A Board Member or Parole Commissioner shall consider the possibility that they have a conflict of interest before making any decision or vote. (4) If a Board Member or Parole Commissioner is uncertain whether any part of the conflict-of-interest policy applies to them in a specific matter, they shall request the General Counsel of the Board to determine whether a disqualifying conflict of interest exists.(c) Section 3--Standards of Conduct. (1) No Board Member or Parole Commissioner shall accept or solicit any gift, favor, or service that may reasonably tend to influence them in the discharge of their official duties or that they know or should know is being offered with the intent to influence their official conduct. (2) No Board Member or Parole Commissioner shall accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by reason of their official position. (3) No Board Member or Parole Commissioner shall accept other employment or compensation that could reasonably be expected to impair their independence of judgment in the performance of their official duties. (4) No Board Member or Parole Commissioner shall make personal investments that could reasonably be expected to create a substantial conflict between their private interest and the public interest. (5) No Board Member or Parole Commissioner shall intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised their official powers or performed their official duties in favor of another.(d) Section 4--Recusal and Disqualification. (1) Recusal. A Board Member shall recuse themself from voting on all clemency matters, and a Board Member or Parole Commissioner shall recuse themself from voting on all decisions to release on parole or discretionary mandatory supervision, and decisions to continue, modify, or revoke parole or mandatory supervision when: (A) they know that individually or as a fiduciary, they have an interest in the subject matter before them; or (B) the Board Member or Parole Commissioner or their spouse is related by affinity or consanguinity within the third degree to a person who is the subject of the decision before them.(2) Disqualification. A Board Member shall disqualify themself from voting on all clemency matters, and a Board Member or Parole Commissioner shall disqualify themself from voting on all to release on parole or discretionary mandatory supervision, and decisions to continue, modify, or revoke parole or mandatory supervision when: (A) their impartiality might reasonably be questioned; (B) they have a personal bias or prejudice concerning the subject matter or person in the decision before them; or (C) they were a complainant, a material witness, or served as counsel for the state or the defense in the prosecution of the subject of the parole decision or revocation decision before them. (e) Section 5--Documentation. (1) A Board Member or Parole Commissioner shall notify the Chair and General Counsel in writing when they recuse or disqualify themself from voting; (2) A Board Member or Parole Commissioner shall provide the specific reason for disqualification or recusal; (3) A Board Member or Parole Commissioner shall document the recusal or disqualification on the minute sheet of the offender's file; and (4) A Board Member or Parole Commissioner shall place the written notification in the offender's file.</content><note type="source"><p>Source Note: The provisions of this §150.55 adopted to be effective November 23, 1993, 18 TexReg 8229; amended to be effective October 20, 1998, 23 TexReg 10657; amended to be effective November 19, 2009, 34 TexReg 8040; amended to be effective January 31, 2013, 38 TexReg 389; amended to be effective October 27, 2013, 38 TexReg 7315; amended to be effective August 10, 2014, 39 TexReg 5965; amended to be effective August 11, 2016, 41 TexReg 5764; amended to be effective September 8, 2020, 45 TexReg 6247; amended to be effective November 7, 2024, 49 TexReg 8745; amended to be effective May 15, 2025, 50 TexReg 2815.</p></note></section><section identifier="/us/state/tx/tac/t37/p5/c150/scA/s150.56"><num value="150.56">§150.56</num><heading>Policies Pertaining to the Administration of the Agency</heading><content>(a) The Board has overall managerial responsibility for developing, promulgating, and investigating policies on parole and mandatory supervision.(b) The Presiding Officer of the Board or the Presiding Officer's designee acts as the agency's liaison to the legislature. The Board shall have final approval over all proposed legislation before being submitted to the legislature.(c) The Presiding Officer of the Board or the Presiding Officer's designee shall serve as the agency's spokesperson on all matters pertaining to Board policy.</content><note type="source"><p>Source Note: The provisions of this §150.56 adopted to be effective August 15, 1989, 14 TexReg 3815; amended to be effective July 1, 1994, 19 TexReg 4759; amended to be effective September 17, 2000, 25 TexReg 9013; amended to be effective February 5, 2004, 29 TexReg 1211; amended to be effective August 11, 2016, 41 TexReg 5764; amended to be effective November 7, 2024, 49 TexReg 8745.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p6"><num value="6">PART 6</num><heading>TEXAS DEPARTMENT OF CRIMINAL JUSTICE</heading><chapter identifier="/us/state/tx/tac/t37/p6/c151"><num value="151">CHAPTER 151</num><heading>GENERAL PROVISIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c151/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.3"><num value="151.3">§151.3</num><heading>Texas Board of Criminal Justice Operating Procedures</heading><content>(a) General. This section establishes operating procedures for the Texas Board of Criminal Justice (TBCJ) to conduct business.(b) Organization.(1) The TBCJ is a nine member body appointed by the governor to oversee the Texas Department of Criminal Justice (TDCJ). The TBCJ chairman is designated by and serves at the request of the governor pursuant to Texas Government Code §492.005.(2) The TBCJ shall elect a vice-chairman and a secretary each odd-numbered year. The vice-chairman shall preside over meetings in the chairman's absence, and either the chairman or the secretary shall execute any necessary documents.(3) The chairman, on behalf of the TBCJ, is empowered to appoint members of the TBCJ to be members or chairs of standing or limited-purpose committees, or to serve as liaisons to the TBCJ on particular subject areas or divisions within the TDCJ's jurisdiction, or both. The purpose of a committee, if appointed, is to have certain members become particularly familiar with various issues and to facilitate discussion and recommend potential strategies as appropriate.(4) The TBCJ chairman may appoint non-members to sit on a committee in an advisory capacity; however, advisory members are non-voting members and cannot be reimbursed for expenses incurred in this capacity.(c) Meetings.(1) The TBCJ shall attempt to hold a regular meeting at least every other month of the year, but shall meet at least once each quarter of the calendar year pursuant to Texas Government Code §492.006. Special called meetings can be held at the discretion of the TBCJ chairman.(2) TBCJ meetings shall be held at a location in Texas as determined by the TBCJ chairman. If the TBCJ uses video conference technology to convene a meeting, at least one conference site must be located in Huntsville or Austin, Texas. To convene a video conference meeting, a quorum of the TBCJ must be present at one of the video conference sites. The other members may convene using the technology from remote sites.(A) During a TBCJ meeting convened as a video conference meeting, any member shall be considered absent from any portion of the meeting during which audio or video communication with the member is lost or disconnected.(B) The TBCJ may continue the meeting only if a quorum remains present at the meeting location.(3) The agenda and date for the TBCJ meetings shall be set by the TBCJ chairman in consultation with the TDCJ executive director.(4) The agenda for committee meetings shall be set by the TBCJ chairman in consultation with the committee's chairman and the TDCJ executive director. If the TBCJ committee uses video conference technology to convene a meeting, at least one conference site must be located in Huntsville or Austin. To convene a video conference meeting, a quorum of the committee must be present at one of the video conference sites. The other member(s) may convene using the technology from remote sites.(5) A majority of the TBCJ, or of a committee of the TBCJ, constitutes a quorum for the convening of and transaction of business at any meeting. A quorum of a committee with two members consists of both members.(6) A quorum of a committee does not include its advisory member.(7) Meetings of the TBCJ and its committees shall be conducted according to standard parliamentary procedures.(8) TBCJ meetings are governed by the Texas Open Meetings Act, Texas Government Code §§551.001-.146.(9) The TDCJ executive director shall ensure members are provided the materials necessary to conduct the business of the TBCJ and its committees well in advance of the meetings.(10) The TDCJ executive director shall ensure the minutes of each meeting are prepared, retained, and filed with the Legislative Reference Library, and made available to the public. The minutes shall state the subject matter of each deliberation and shall indicate each vote, order, decision, or other action taken by the TBCJ.(11) Requests by the public to make presentations or comments to the TBCJ are governed by 37 Texas Administrative Code §151.4, pursuant to Texas Government Code §§492.007 and 551.042.(12) The TBCJ shall approve meeting minutes for any committees deleted, renamed, or for which their limited-purpose has concluded.(13) Prior to each regularly scheduled meeting, the TBCJ shall offer the opportunity for:(A) The presiding officer of the Board of Pardons and Paroles or a designee of the presiding officer to present any item relating to the operation of the parole system and other matters of mutual interest determined by the presiding officer to require the TBCJ's consideration, pursuant to Texas Government Code §492.006;(B) The chairman of the Judicial Advisory Council (JAC) to the Community Justice Assistance Division and the TBCJ to present any item relating to the operation of the community justice system and other matters of mutual interest determined by the JAC chairman to require the TBCJ's consideration, pursuant to Texas Government Code §492.006;(C) The TDCJ executive director to present any item relating to the TDCJ as determined by the executive director or the TBCJ chairman;(D) The TBCJ chairman to present any item relating to the TBCJ or the TDCJ as determined by the TBCJ chairman in consultation with the TDCJ executive director;(E) The chairman or designee of the Correctional Managed Health Care Committee (CMHCC) to present on the CMHCC's policy decisions, the financial status of the correctional health care system, and corrective actions taken by or required of the TDCJ or the health care providers; and(F) The chairman of the Advisory Committee on Offenders with Medical or Mental Impairments (ACOOMMI) or a designee of the ACOOMMI chairman to present any item related to offenders with medical or mental impairments.</content><note type="source"><p>Source Note: The provisions of this §151.3 adopted to be effective April 22, 2004, 29 TexReg 3803; amended to be effective October 7, 2007, 32 TexReg 6783; amended to be effective May 10, 2012, 37 TexReg 3418; amended to be effective January 1, 2017, 41 TexReg 10392; amended to be effective January 4, 2018, 42 TexReg 7725; amended to be effective November 21, 2021, 46 TexReg 7803.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.4"><num value="151.4">§151.4</num><heading>Public Presentations and Comments to the Texas Board of Criminal Justice</heading><content>(a) Policy. The Texas Board of Criminal Justice (TBCJ or board) is committed to providing access and opportunity for public presentations and comments as provided by this section. Individuals not employed by or under contract with the Texas Department of Criminal Justice (TDCJ), who wish to have items placed on the board's posted agenda, shall follow the procedures set forth in subsection (g) of this section. Public presentations and comments shall be: (1) subject to the requirements and restrictions of this section; (2) pertinent to issues under the jurisdiction of the board, as determined by the board chairperson and the TDCJ general counsel; and (3) pertinent to policies, procedures, standards, and rules of the TDCJ. Disputes that are appropriately the subject of the employee grievance system, the employee disciplinary system, the inmate grievance system, the inmate disciplinary system, or comments regarding pending litigation shall be addressed through those processes. (b) Definitions. (1) Public presentations are presentations made by the public to the TBCJ regarding topics posted on a board meeting agenda that has been filed with and published by the Texas Register and as provided for in subsection (c) of this section. (2) Public comments are comments made by the public on non-posted agenda topics and as provided for in subsection (d) of this section. (c) Public presentations. Individuals who desire to make public presentations to the TBCJ on posted agenda topics shall provide, on the date of the meeting, a completed registration card to onsite board office staff at least 10 minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the board's scheduled meeting will be held. (1) Pre-registration is available for public presentations through first class mail at P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by the board office staff at least four calendar days prior to the posted meeting date of the presentation. In addition to the information required in subsection (c)(2) of this section, pre-registration submissions shall include appropriate contact information, such as a daytime phone number or email address, for the individual who is registering to speak. (2) Registration cards and pre-registration submissions shall include: (A) the name of the individual who will make the presentation; (B) a statement as to whether the individual is being remunerated for the presentation and if so, by whom; and if applicable, the name of the individual or entity on whose behalf the presentation will be made; (C) a statement as to whether the presenter has registered as a lobbyist in relation to the agenda topic being addressed; (D) a reference to the agenda topic on which the individual wants to present; (E) an indication as to whether the presenter will speak for or against the proposed agenda topic; and (F) a statement verifying that all information that will be presented is factual, true, and correct to the best of the speaker's knowledge. (3) The TBCJ chairperson shall have discretion in setting reasonable limits on the time allocated for public presentations on posted agenda topics. If several individuals have registered to address the board on the same agenda topic, it shall be within the discretion of the board chairperson to request that those individuals select a representative amongst themselves to express such remarks or limit their presentations to an expression of support for views previously articulated. (4) The TBCJ chairperson shall provide an opportunity for public presentations to occur prior to the board taking action on the topic denoted on the presenter's registration card. If an individual who is registered to speak on a posted agenda item is not present when called upon, that individual's opportunity to speak prior to action being taken on that topic shall be forfeited. (5) A presenter may submit documentation pertaining to the public presentation to the board office staff. Documents shall be submitted at least three calendar days prior to the posted meeting date when the presentation is to occur. Such documentation shall then be distributed to the board. Any documentation submitted after the above-referenced date will not be distributed to the board until after the presentation. A minimum of 12 copies of any such documentation shall be submitted to the board office staff or distribution may not occur. (d) Public comments. (1) Twice a year, at the second and fourth regular called meetings of the board, an opportunity shall be provided for public comment on issues that are not part of the TBCJ's posted agenda but are within the board's jurisdiction. Special called meetings are not counted toward the requirement of this subsection. (2) Individuals who desire to make public comments to the TBCJ at these meetings shall provide, on the date of the meeting, a completed registration card to onsite board office staff at least 10 minutes prior to the meeting's posted start time. Registration cards shall be made available at the entry to the room where the board's scheduled meeting will be held. (3) Pre-registration is available for public comments through first class mail at P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Pre-registration shall be received by board office staff no earlier than the first day of the month preceding the board meeting for which the registration is intended and at least four calendar days prior to the posted meeting date when the comments are to occur. In addition to the information required in subsection (d)(4) of this section, pre-registration submissions shall include appropriate contact information, such as a daytime phone number or email address, for the individual who is registering to speak. (4) Registration cards and pre-registration submissions shall include: (A) the name of the individual who will make the comments; (B) a statement as to whether the individual is being remunerated for the comments and if so, by whom; and, if applicable, the name of the individual or entity on whose behalf the comments will be made; (C) a statement as to whether the presenter has registered as a lobbyist in relation to the topic being addressed; (D) the topic on which the individual shall speak and whether the individual will speak for or against the topic; and (E) a statement verifying that all information that will be presented is factual, true, and correct to the best of the speaker's knowledge. (5) The TBCJ chairperson shall have discretion in setting reasonable limits on the time allocated for public comments. If several individuals have registered to address the board on the same topic, it shall be within the discretion of the board chairperson to request that those individuals select a representative amongst themselves to express such comments or limit their comments to an expression of support for views previously articulated. (6) Public comments shall be heard just prior to the conclusion of the board meeting, with deviation from this practice within the discretion of the board chairperson. If an individual who is registered to speak on a non-posted topic is not present when called upon, that individual shall be called once more following all other registered speakers. If that individual is not present at that time, their opportunity to speak at that meeting shall be forfeited. (7) A presenter may submit documentation pertaining to the public comments to the board office staff. Documentation shall be submitted at least three calendar days prior to the posted meeting date when the comments are to occur. Such documentation shall then be distributed to the board. Any documentation submitted after the above-referenced date will not be distributed to the board until after the comments. A minimum of 12 copies of any such documentation shall be submitted to the board office staff or distribution may not occur. (e) Disability accommodations. Individuals with disabilities who have special communication or accommodation needs and who plan to attend a meeting may contact the board office at 512-475-3250, tbcj@tdcj.texas.gov, or P.O. Box 13084, Austin, Texas 78711. Requests for accommodation shall be made at least two days prior to a posted meeting. The TBCJ shall make every reasonable effort to accommodate these needs. (f) Conduct and decorum. The TBCJ shall receive public presentations and comments as authorized by this section, subject to the following additional guidelines: (1) Due to requirements of the Open Meetings Act , questions shall only occur on public presentations as defined in subsection (b) of this section as they are associated with posted agenda topics. Questions shall be reserved for board members and staff recognized by the board chairperson. (2) Presentations and comments shall remain pertinent to the issues denoted on the registration cards. (3) An individual who is determined by the board chairperson to be disrupting a meeting shall immediately cease the disruptive activity or leave the meeting room if ordered to do so by the board chairperson. If the disruptive activity continues, the individual may be subject to removal from the meeting room.(4) A presenter may not assign a portion of his or her allotted presentation time to another speaker. (5) Signs and placards shall not be carried or displayed in the meeting room.(g) Requests for issues to be placed on an agenda. Individuals not employed by or under contract with the TDCJ who wish to propose an agenda item for discussion at a TBCJ meeting shall address the request in writing to the chairperson, Texas Board of Criminal Justice, P.O. Box 13084, Austin, Texas 78711, or email at tbcj@tdcj.texas.gov. Such requests shall be titled "Proposed Agenda Topic" and shall be submitted no later than the first day of the month preceding the board meeting for which the request is intended. Such requests are subject to the requirements of the registration card in subsection (c) of this section. The decision as to whether to calendar a matter for discussion before the TBCJ, a board committee, a board liaison, or with a designated staff member shall be within the discretion of the board chairperson. Public presentations on topics placed on a board agenda, at the request of an individual, shall be in accordance with subsection (c) of this section.</content><note type="source"><p>Source Note: The provisions of this §151.4 adopted to be effective February 15, 1993, 18 TexReg 590; amended to be effective April 8, 1996, 21 TexReg 2476; amended to be effective June 20, 2002, 27 TexReg 5218; amended to be effective December 5, 2002, 27 TexReg 11169; amended to be effective February 5, 2004, 29 TexReg 1211; amended to be effective February 17, 2005, 30 TexReg 722; amended to be effective October 7, 2007, 32 TexReg 6783; amended to be effective May 10, 2012, 37 TexReg 3419; amended to be effective December 31, 2015, 40 TexReg 9731; amended to be effective November 21, 2019, 44 TexReg 7058; amended to be effective March 3, 2024, 49 TexReg 1100.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.6"><num value="151.6">§151.6</num><heading>Petition for the Adoption of a Rule</heading><content>(a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) to encourage public input in the TBCJ rulemaking process. (b) Submission of the Petition. (1) Any person may petition a state agency to adopt a rule as defined by the Texas Administrative Procedure Act, Chapter 2001 of the Texas Government Code. (2) A petition for a rule under Title 37 of the Texas Administrative Code shall be mailed to the general counsel of the Texas Department of Criminal Justice (TDCJ) at P.O. Box 4004, Huntsville, Texas 77342.(3) The petition shall be in writing, contain the petitioner's name and address, and describe the rule and the reason for making such petition. If the general counsel determines that further information is necessary, the general counsel may require that the petitioner resubmit the petition and that it contain: (A) A brief explanation of the proposed rule; (B) The text of the proposed rule indicating the words to be added or deleted from the current text, if any; (C) A statement of the statutory or other authority under which the rule is to be promulgated; (D) Whether there will be an economic impact on persons or on small or microbusinesses required to comply with the proposed rule;(E) If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:(i) An economic impact statement which estimates the number of small businesses subject to the proposed rule, projects the economic impact of the rule on small businesses or rural communities, and describes alternative methods of achieving the purpose of the proposed rule; and(ii) A regulatory flexibility analysis as defined in Texas Government Code § 2006.002; and(F) The public benefit anticipated as a result of adopting the rule or the anticipated injury or inequity that could result from the failure to adopt the proposed rule. (4) In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators, and a timeline for the process. (c) Consideration and Disposition of the Petition. (1) Except as provided in subsection (d) of this rule, the chairman, in consultation with the general counsel, shall consider and reject or approve petitions submitted. (2) Within 60 days after receipt of the petition by the general counsel, or within 60 days after receipt by the general counsel of a resubmitted petition in accordance with subsection (b)(3) of this rule, the chairman, in consultation with the general counsel, shall deny the petition or institute rulemaking procedures in accordance with established TDCJ procedures and the Texas Administrative Procedure Act. The chairman, in consultation with the general counsel, may deny parts of the petition or institute rulemaking procedures on parts of the petition. (3) The TBCJ may initiate a negotiated rulemaking process pursuant to Texas Government Code, Chapter 2008, upon the filing of a petition to initiate the rulemaking proceeding under subsection (b) of this rule. (4) If the chairman, in consultation with the general counsel, denies the petition, the general counsel shall give the petitioner written notice of the denial and the reasons for the denial.(d) Subsequent Petitions to Adopt the Same or Similar Rule. The general counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within six months after the date of the initial petition.</content><note type="source"><p>Source Note: The provisions of this §151.6 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective July 31, 2006, 31 TexReg 6055; amended to be effective April 17, 2008, 33 TexReg 2960; amended to be effective January 1, 2017, 41 TexReg 10392; amended to be effective March 3, 2024, 49 TexReg 1285.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.8"><num value="151.8">§151.8</num><heading>Advisory Committees</heading><content>(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.(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.</content><note type="source"><p>Source Note: The provisions of this §151.8 adopted to be effective June 20, 2002, 27 TexReg 5219; amended to be effective February 5, 2004, 29 TexReg 1212; amended to be effective June 17, 2004, 29 TexReg 5794; amended to be effective March 10, 2009, 34 TexReg 1713; amended to be effective April 28, 2013, 38 TexReg 2510; amended to be effective September 14, 2017, 42 TexReg 4658; amended to be effective May 19, 2024, 49 TexReg 3370.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.25"><num value="151.25">§151.25</num><heading>Tobacco and Vapor Products</heading><content>(a) Definitions. The following words and terms, when used in this section, have the following meanings, unless the context clearly indicates otherwise.(1) A correctional facility is a secure facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ).(2) A designated outdoor use area is a location where the use of tobacco and vapor products is authorized.(3) An employee is a person employed by the TDCJ on a full-time, part-time, or temporary basis, including contract employees.(4) An intern is an individual who performs work for the TDCJ on a temporary basis with or without pay, and whose work:(A) provides training or supplements training given in an educational environment;(B) provides experience for the benefit of the individual performing the work; and(C) is performed under the close supervision of TDCJ staff.(5) A person conducting official state business is any individual on TDCJ property for the purpose of conducting any form of official state business.(6) TDCJ property includes land, buildings, private offices, and vehicles owned, leased, or under contract by the TDCJ, excluding state-owned individual dwellings.(7) Tobacco products are cigars, cigarettes, snuff, or any other similar goods prepared for smoking, chewing, dipping, or any other such personal use.(8) Vapor products are electronic cigarettes (e-cigarettes) or any other device that uses a mechanical heating element, battery, or electronic circuit to deliver vapor that may include nicotine to the individual inhaling from the device, or any substance used to fill or refill the device.(9) A visitor is any non-TDCJ employee on TDCJ property for any purpose other than conducting official state business.(10) A volunteer is an individual who has been approved to perform volunteer services for the TDCJ.(b) This rule is applicable to all employees, interns, volunteers, persons conducting official state business, and visitors to TDCJ property.(c) The TDCJ is committed to providing a safe and healthy environment and working conditions for employees, interns, volunteers, visitors, and inmates. TDCJ employees, interns, volunteers, visitors, and persons on TDCJ property conducting official state business are authorized to possess and use tobacco or vapor products in accordance with this section.(d) The use of tobacco or vapor products inside TDCJ property is strictly prohibited. Designated outdoor use areas shall be at a sufficient distance from any place at which employees regularly perform duties to ensure that no employee who abstains from the use of tobacco or vapor products is physically affected by the use of the products at the designated outdoor use areas. Tobacco or vapor product use in the designated outdoor use areas shall not affect the safety of any employee, intern, volunteer, visitor, or inmate. Employees are permitted to use tobacco or vapor products in designated outdoor use areas while on break and during their lunch period.(1) Administrative Offices.(A) Employees, interns, volunteers, visitors, and persons conducting official state business are permitted to carry and store tobacco and vapor products while in administrative offices that are not located within a correctional facility. The use of tobacco or vapor products is only allowed at designated outdoor use areas or in personal vehicles and any used tobacco or vapor products shall be disposed of in the receptacles provided or in personal vehicles. For administrative offices located in a correctional facility, procedures are set forth in subsection (d)(2) of this section.(B) The senior administrator of an administrative office building shall designate outdoor use areas and ensure the areas are at least 15 feet from any entryway to the building, preferably removed from the view of passing traffic. If the building owner or ordinance requires a greater distance, the senior administrator shall comply.(2) Secure Correctional Facilities within the Correctional Institutions and Parole Divisions.(A) Employees, interns, volunteers, visitors, and persons conducting official state business are prohibited from carrying and storing tobacco and vapor products while in secure correctional facilities. The use of tobacco or vapor products is only allowed in designated outdoor use areas or in personal vehicles and any used tobacco or vapor products shall be disposed of in the receptacles provided or in personal vehicles.(B) The unit warden shall designate outdoor use areas and ensure the areas are at least 15 feet from the facility's main entrance.(e) Violation of this rule may result in disciplinary action in accordance with PD-22, "General Rules of Conduct and Disciplinary Action Guidelines for Employees." Interns, volunteers, visitors, and persons conducting official state business who violate this rule may be asked to leave the property at the discretion of the senior supervisor onsite.</content><note type="source"><p>Source Note: The provisions of this §151.25 adopted to be effective October 13, 1997, 22 TexReg 9895; amended to be effective February 13, 2000, 25 TexReg 816; amended to be effective October 7, 2007, 32 TexReg 6783; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective September 15, 2019, 44 TexReg 4874; amended to be effective March 3, 2024, 49 TexReg 1285.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.51"><num value="151.51">§151.51</num><heading>Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines</heading><content>(a) Purpose. The purpose of this section is to establish eligibility criteria for authorizing custodial officer certification and hazardous duty pay to employees of the Texas Department of Criminal Justice (TDCJ) under the authority of Texas Government Code §§508.001, 615.006, 811.001, 813.506, and 815.505; and the General Appropriations Act.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise:(1) Custodial Officer Certification is service certification to the Employees Retirement System of Texas (ERS) for employees the TDCJ has determined are eligible for custodial officer service credit, which provides an additional retirement incentive when such employees have 20 or more years of service credit.(2) Custodial Officer Service Credit is credit in the ERS for service performed by employees in a position that has been classified as a Hazardous Duty Code 1, 2, 3, 4, 6, 7, or 9 in accordance with this section.(3) Direct Inmate Contact is interacting with, and in the close proximity to, inmates without the protection of bars, doors, security screens, or similar devices while performing job duties. Such contact normally involves supervision or the potential for supervision of inmates in inmate housing areas, educational or recreational facilities, industrial shops, kitchens, laundries, medical areas, maintenance departments, agricultural shops or fields, or in any other areas on or away from TDCJ property.(4) Move is a change in position that may consist of a lateral transfer, promotion, voluntary demotion, or involuntary demotion.(5) Inmate, for the purpose of custodial officer certification and hazardous duty pay, is an individual confined in a TDCJ facility.(6) Releasee is an individual who has been released on parole or to mandatory supervision.(7) Routine Direct Inmate Contact is regularly planned or scheduled direct inmate contact while conducting TDCJ business. Routine direct inmate contact does not include travel time, unless the employees are responsible for the transportation and custody of inmates and does not include casual contact.(c) Procedures.(1) Custodial Officer Certification. Employees in one of the following positions are eligible for custodial officer certification: (A) Hazardous Duty Code 1. These positions are classified as correctional officer I through warden II.(B) Hazardous Duty Code 2. These positions include all positions assigned to a unit, other than Hazardous Duty Code 1 positions, with job duties that require routine direct inmate contact. Examples include agriculture specialists, maintenance supervisors, food service managers, laundry managers, classification case managers, and commissary managers.(C) Hazardous Duty Code 3. These positions are assigned to administrative employees whose job duties require routine direct inmate contact at least 50% of the time. Examples include investigators, compliance monitors, accountants routinely required to audit unit operations, sociologists, and interviewers.(i) A request to include a position in this category shall be submitted to the chief operations officer for approval.(ii) Employees in such positions and supervisors of such employees shall complete and submit a Hazardous Duty Log in accordance with TDCJ procedures to justify custodial officer certification.(D) Hazardous Duty Code 4. These positions include administrative employees who routinely respond to emergency situations involving inmates. Examples include the executive director, chief operations officer, chief programs officer, Correctional Institutions Division director, other division directors, and no more than 25 administrative duty officers. (E) Hazardous Duty Code 6. These positions are filled by employees whose custodial officer certifications are grandfathered. When employees move from Hazardous Duty Code 6 positions, the positions will be automatically converted to longevity pay. Grandfathered custodial officer certifications are based on the following criteria:(i) On August 31, 1995, the employees were assigned to Hazardous Duty Code 3 positions; and (ii) The employees continue to have some routine direct inmate contact although it is less than 50% routine direct inmate contact.(iii) Employees in such positions and supervisors of such employees shall complete and submit a Hazardous Duty Log in accordance with TDCJ procedures to justify custodial officer certification.(F) Hazardous Duty Code 7. These positions include:(i) Parole officers; and(ii) Other positions within the Parole Division or assigned to the Board of Pardons and Paroles which have a majority of assigned duties that include assessment of risks and needs, investigation, case management, and supervision of releasees to ensure that releasees comply with the conditions of parole or mandatory supervision. Positions also include those who directly supervise or are in a direct line of supervision over these employees.(G) Hazardous Duty Code 9. These positions are filled by employees whose custodial officer certifications are grandfathered. Custodial officer certifications shall remain grandfathered as long as the employees remain in Hazardous Duty Code 9 positions. When the employees move from Hazardous Duty Code 9 positions, the positions shall be automatically converted to longevity pay. Grandfathered custodial officer certifications are based on the following criteria:(i) On August 31, 1995, the employees were assigned to positions authorized for custodial officer certification and hazardous duty pay; and(ii) The employees have been designated as members of an Emergency Response Team that may respond to emergency situations involving inmates.(iii) Employees in such positions and the supervisors of such employees shall complete and submit an Emergency Response Log in accordance with TDCJ procedures to justify custodial officer certification.(2) Hazardous Duty Pay Authorized Positions. In addition to the employees described in subsection (c)(1) of this section, employees in the following positions may receive hazardous duty pay:(A) Employees in positions authorized for custodial officer certification;(B) Employees in Hazardous Duty Code 8. These positions are assigned to the Parole Division or the Board of Pardons and Paroles and do not meet the criteria for Hazardous Duty Code 7. Employees in these positions have routine direct contact with inmates in a penal or correctional facility or with releasees subject to the jurisdiction or supervision of the Parole Division. Examples include clerks, administrative assistants, and laboratory technicians assigned to parole field offices.(3) Each month, the TDCJ shall certify to the ERS the names of the employees and any other information determined and prescribed by the ERS as necessary for the crediting of custodial officer service and financing of benefits.</content><note type="source"><p>Source Note: The provisions of this §151.51 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective June 9, 1998, 23 TexReg 5989; amended to be effective December 12, 1999, 24 TexReg 10892; amended to be effective August 12, 2004, 29 TexReg 7737; amended to be effective November 16, 2006, 31 TexReg 9330; amended to be effective December 23, 2008, 33 TexReg 10331; amended to be effective October 31, 2013, 38 TexReg 7465; amended to be effective April 26, 2017, 42 TexReg 2267; amended to be effective November 9, 2025, 50 TexReg 7113.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.52"><num value="151.52">§151.52</num><heading>Sick Leave Pool</heading><content>(a) Definitions. Sick Leave Pool Administrator is the Human Resources Division director or designee.(b) Procedures.(1) All contributions to the Texas Department of Criminal Justice (TDCJ) sick leave pool are voluntary. Employees who contribute accrued sick leave hours to the TDCJ sick leave pool may not designate the contributed hours for use by a specific employee. An employee who contributes accrued sick leave hours to the sick leave pool may not withdraw the contributed hours of sick leave. There is no limitation for frequency of donations.(2) An employee may only withdraw time from the sick leave pool in the case of catastrophic injury or illness of the employee or a member of the employee's immediate family. The sick leave pool administrator shall determine the amount of time that an employee may withdraw from the sick leave pool. Any sick leave pool time granted qualifies as medical or parental leave.</content><note type="source"><p>Source Note: The provisions of this §151.52 adopted to be effective March 28, 2002, 27 TexReg 2242; amended to be effective April 19, 2007, 32 TexReg 2141; amended to be effective July 8, 2012, 37 TexReg 4949; amended to be effective January 1, 2017, 41 TexReg 10392.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.53"><num value="151.53">§151.53</num><heading>Family Leave Pool</heading><content>(a) Definitions. Family Leave Pool Administrator is the Human Resources Division director or designee.(b) Procedures.(1) All contributions to the Texas Department of Criminal Justice (TDCJ) family leave pool are voluntary. Employees who contribute accrued sick or vacation leave hours to the TDCJ family leave pool may not designate the contributed hours for use by a specific employee. An employee who contributes accrued sick or vacation leave hours to the family leave pool may not withdraw the contributed hours of sick or vacation leave. There is no limitation for frequency of donations.(2) An employee may only withdraw time from the family leave pool in case of:(A) the birth of a child;(B) the placement of a foster child or adoption of a child under 18 years of age;(C) the placement of any person 18 years of age or older requiring guardianship;(D) a serious illness to an immediate family member or the employee, including a pandemic-related illness; or(E) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member.(3) The family leave pool administrator shall determine the amount of time that an employee may withdraw from the family leave pool. Any family leave pool time granted qualifies as sick leave.</content><note type="source"><p>Source Note: The provisions of this §151.53 adopted to be effective November 21, 2021, 46 TexReg 7803.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.54"><num value="151.54">§151.54</num><heading>Employee Training and Education - Tuition Reimbursement</heading><content>(a) Purpose. The purpose of this rule is to authorize reimbursement of training and education expenses consistent with Subchapters C and D, Chapter 656, Texas Government Code.(b) The Texas Department of Criminal Justice (TDCJ) shall adopt policies related to training and education for agency administrators and employees consistent with this rule and Subchapters C and D, Chapter 656, Texas Government Code.(c) The policies may establish additional eligibility criteria for administrator and employee participation in training and education supported by the TDCJ as well as an explanation of the administrators' and employees' responsibilities and potential liabilities as participants.(d) A TDCJ administrator or employee must be employed on a full-time basis and approved by their respective division director to be eligible for training and education supported by the TDCJ.(e) A TDCJ administrator or employee must follow all applicable TDCJ policies adopted pursuant to this rule.(f) Only the TDCJ executive director may authorize the tuition reimbursement payment of a TDCJ administrator or employee for a training or education program offered by an institution of higher education or private or independent institution of higher education as defined by Section 61.003, Education Code. The TDCJ may only reimburse the tuition expenses for a program course successfully completed by the administrator or employee at an institution of higher education accredited by a recognized accrediting agency as defined by Section 61.003, Education Code.</content><note type="source"><p>Source Note: The provisions of this §151.54 adopted to be effective November 5, 2023, 48 TexReg 6384.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.55"><num value="151.55">§151.55</num><heading>Disposal of Surplus Agricultural Goods and Agricultural Personal Property</heading><content>(a) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) that surplus agricultural goods produced by the Texas Department of Criminal Justice (TDCJ) and surplus agricultural personal property used in the TDCJ's agricultural operations be disposed in the most efficient manner possible for the goods or personal property being disposed.(b) Definitions. The following words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise.(1) Surplus agricultural goods are those agricultural commodities grown, produced, purchased, or acquired by the TDCJ for use within the TDCJ or other state or local agency or non-profit organization, which:(A) exceed the needs of TDCJ operations;(B) are not required for the TDCJ's foreseeable needs; and(C) have been determined to be surplus by the TDCJ chief financial officer in coordination with the Manufacturing, Agribusiness and Logistics Division director.(2) Surplus agricultural personal property is personal property related to the agricultural operations of the TDCJ and grown, produced, purchased, or acquired by the TDCJ, including livestock and farming equipment and implements, which:(A) exceeds the needs of TDCJ operations;(B) is not required for the TDCJ's foreseeable needs; and(C) has been determined to be surplus by the chief financial officer in coordination with the Manufacturing, Agribusiness and Logistics Division director.(c) Procedures.(1) The TBCJ hereby authorizes the chief financial officer or designee to sell or dispose of surplus agricultural goods and surplus agricultural personal property. Sale or disposal shall be accomplished in such a manner so as to provide, if possible, reasonable consideration for the sale or disposal of such surplus items.(2) When items of agricultural goods or agricultural personal property are considered surplus, the Manufacturing, Agribusiness and Logistics Division director shall provide a written report to the chief financial officer setting forth those items of agricultural goods and agricultural personal property considered to be surplus. In those instances requiring immediate action due to the perishable nature of such items, the report may be transmitted via email. The chief financial officer shall review the report and determine if such items shall be sold or disposed as surplus agricultural goods or personal property.(3) The chief financial officer shall review the report submitted as required herein and shall determine if such reported items are surplus to the needs of the TDCJ, and the terms and method of sale or disposal of such items. Sale or disposal of surplus agricultural goods or agricultural personal property includes:(A) sale in the usual market for such items;(B) direct sale by bid or negotiated sale;(C) exchange for other agricultural products and finished goods; and(D) donation of food commodities to state, local, or non-profit organizations.(4) Proceeds from the sale of surplus agricultural goods and surplus agricultural personal property shall be deposited in the appropriate TDCJ fund to be used for purchase of agricultural goods and agricultural personal property necessary for the operation of the TDCJ.(5) Prices of sales shall be at prevailing market prices or better.(6) After TDCJ staff takes action on the disposition of surplus agricultural goods and agricultural personal property, a report detailing the actions shall be submitted for inclusion in the materials provided to the TBCJ at each meeting.</content><note type="source"><p>Source Note: The provisions of this §151.55 adopted to be effective June 19, 1996, 21 TexReg 5166; amended to be effective February 14, 1999, 24 TexReg 789; amended to be effective July 31, 2006, 31 TexReg 6056; amended to be effective December 23, 2012, 37 TexReg 9778; amended to be effective May 8, 2016, 41 TexReg 3147; amended to be effective November 21, 2021, 46 TexReg 7803.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.71"><num value="151.71">§151.71</num><heading>Marking of Texas Department of Criminal Justice Vehicles</heading><content>(a) Except as provided in subsections (b) and (c) of this rule, all Texas Department of Criminal Justice (TDCJ) vehicles shall be inscribed in accordance with Texas Transportation Code § 721.002 and § 721.003.(b) The purposes for not inscribing TDCJ vehicles are to legitimately maintain anonymity for law enforcement purposes, to avoid damage to a vehicle or danger to staff that could occur if the vehicle were identified as a TDCJ vehicle, and to avoid hindrance of TDCJ efforts in an emergency, such as an escape, attempted escape, or riot. Accordingly, the following vehicles are exempt from inscription:(1) vehicles used for surveillance, undercover work, or investigation of law or TDCJ policy violations by the Office of the Inspector General or any other investigatory unit within the TDCJ;(2) vehicles used primarily for administrative purposes and assigned to TDCJ officials holding administrative positions, as determined by the executive director, for which confidentiality is necessary to prevent undue risk of danger or injury to TDCJ officials operating those vehicles or damage to the vehicle;(3) vehicles assigned to officials holding administrative positions whose jobs require response to emergency situations involving inmates; and(4) vehicles used to conduct home visits of offenders under supervision of the TDCJ.(c) The TDCJ shall establish a procedure for determining whether a vehicle is subject to an exemption in subsection (b) of this rule. If the executive director determines that a vehicle should be exempt but does not fit into an exemption under subsection (b) of this rule, the executive director may authorize the non-inscription of the vehicle subject to ratification at the next regularly scheduled meeting of the Texas Board of Criminal Justice (TBCJ). Ratification may be by inclusion under consent items on the TBCJ meeting agenda at such meeting as described above.</content><note type="source"><p>Source Note: The provisions of this §151.71 adopted to be effective April 8, 1996, 21 TexReg 2476; amended to be effective December 19, 2007, 32 TexReg 9357; amended to be effective March 5, 2017, 42 TexReg 766; amended to be effective March 3, 2024, 49 TexReg 1285.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.73"><num value="151.73">§151.73</num><heading>Texas Department of Criminal Justice Vehicle Assignments</heading><content>(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, be assigned to the TDCJ motor pool and be available for check out.(b) TDCJ vehicles shall only be used on official state business.(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.</content><note type="source"><p>Source Note: The provisions of this §151.73 adopted to be effective June 14, 2001, 26 TexReg 4215; amended to be effective September 3, 2008, 33 TexReg 7263; amended to be effective March 5, 2017, 42 TexReg 766; amended to be effective May 19, 2024, 49 TexReg 3370.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.75"><num value="151.75">§151.75</num><heading>Standards of Conduct for Financial Advisors and Service Providers</heading><content>(a) Definitions. Financial Advisor or Service Provider is a person or business entity who acts as a financial advisor, financial consultant, money manager, investment manager, or broker. (b) Applicability. (1) This section applies in connection with the management or investment of any state funds managed or invested by the Texas Department of Criminal Justice (TDCJ) under the Texas Constitution or other law, including Chapters 404 and 2256, Texas Government Code, without regard to whether the funds are held in the state treasury. (2) This section applies to financial advisors or service providers who are not employees of the TDCJ, who provide financial services to or advise the TDCJ in connection with the management or investment of state funds, and who: (A) May reasonably be expected to receive, directly or indirectly, more than $10,000 in compensation from the TDCJ during a fiscal year; or (B) Render important investment or funds management advice to the TDCJ. (3) The standards adopted in this section are intended to identify professional and ethical standards by which all financial advisors or service providers shall abide in addition to the professional and ethical standards that may already be imposed on financial advisors or service providers under any contracts or service agreements with the TDCJ.(c) Disclosure Requirements. (1) A financial advisor or service provider shall disclose in writing to the TDCJ and to the State Auditor: (A) Any relationship the financial advisor or service provider has with any party to a transaction with the TDCJ, other than a relationship necessary to the investment or fund management services that the financial advisor or service provider performs for the TDCJ, if the relationship could reasonably be expected to diminish the financial advisor's or service provider's independence of judgment in the performance of the person's responsibilities to the TDCJ; and (B) All direct or indirect pecuniary interests the financial advisor or service provider has in any party to a transaction with the TDCJ, if the transaction is connected with any financial advice or service the financial advisor or service provider provides to the TDCJ in connection with the management or investment of state funds. (2) The financial advisor or service provider shall disclose a relationship or pecuniary interest described by paragraph (1) of subsection (c) without regard to whether the relationship or pecuniary interest is a direct, indirect, personal, private, commercial, or business relationship. (3) A financial advisor or service provider shall file an annual statement with the TDCJ and with the State Auditor. The statement shall disclose each relationship and pecuniary interest described by paragraph (1) of subsection (c) or, if no relationship or pecuniary interest described by subsection (c) existed during the disclosure period, the statement shall affirmatively state that fact. (4) The annual statement shall be filed no later than April 15 on a form prescribed by the TDCJ. The statement shall cover the reporting period of the previous calendar year. (5) The financial advisor or service provider shall promptly file a new or amended statement with the TDCJ and with the State Auditor whenever there is new information to report under paragraph (1) of subsection (c). (d) Standards of Conduct. (1) Compliance. (A) These standards are intended to be in addition to, and not in lieu of, a financial advisor's or service provider's obligations under its contract or service agreement with the TDCJ. In the event of a conflict between a financial advisor's or service provider's obligations under these standards and under its contract or services agreement, the standard that imposes a stricter ethics or disclosure requirement controls. (B) A financial advisor or service provider shall be knowledgeable about these standards, keep current with revisions to these standards, and abide by the provisions set forth in these standards. (C) In all professional activities, a financial advisor or service provider shall perform services in accordance with applicable laws, rules, and regulations of governmental agencies and other applicable authorities, including the TDCJ, and in accordance with any established policies of the TDCJ.(2) Qualification Standards. (A) A financial advisor or service provider shall render opinions or advice, or perform professional services only in those areas in which the financial advisor or service provider has competence based on education, training, or experience. In areas where a financial advisor or service provider is not qualified, the financial advisor or service provider shall seek the counsel of qualified individuals or refer the TDCJ to such persons. (B) A financial advisor or service provider shall keep informed of developments in the field of financial planning and investments and participate in continuing education throughout the financial advisor's or service provider's relationship with the TDCJ to improve professional competence in all areas in which the financial advisor or service provider is engaged. (3) Integrity. (A) A financial advisor or service provider has an obligation to observe standards of professional conduct when providing advice, recommendations, and other services performed for the TDCJ. A financial advisor or service provider shall perform professional services with honesty, integrity, skill, and care. During all professional activities, a financial advisor or service provider shall not engage in conduct involving dishonesty, fraud, deceit, or misrepresentation, or knowingly make a false or misleading statement to a client, employer, employee, professional colleague, governmental or other regulatory body or official, or any other person or entity. (B) A financial advisor's or service provider's relationship with a third party shall not be used to obtain illegal or improper treatment from such third party on behalf of the TDCJ. (4) Objectivity. A financial advisor or service provider shall maintain objectivity and be free of conflicts of interest in discharging their responsibilities. A financial advisor or service provider shall remain independent in fact and appearance when providing financial planning and investment advisory services to the TDCJ. (5) Prudence. A financial advisor or service provider shall exercise reasonable and prudent professional judgment when providing professional services to the TDCJ. (6) Competence. A financial advisor or service provider shall discharge their responsibilities to the best of their ability and continually strive to improve their competence and quality of services. (7) Conflicts of Interest. (A) If a financial advisor or service provider is aware of any significant conflict between the interests of the TDCJ and the interests of another person, the financial advisor or service provider shall advise the TDCJ of the conflict and shall also include appropriate qualifications or disclosures in any related communication. (B) A financial advisor or service provider shall not perform professional services involving an actual or potential conflict of interest with the TDCJ unless the financial advisor's or service provider's ability to act fairly is unimpaired, there has been full disclosure of the conflict to the TDCJ, and the TDCJ has expressly agreed in writing to the performance of the services by the financial advisor or service provider. (8) Confidentiality. (A) A financial advisor or service provider shall not disclose to another person any confidential information obtained from the TDCJ or regarding the TDCJ's investments unless authorized to do so by the TDCJ in writing or required to do so by law. (B) In this section, "confidential information" refers to information not in the public domain of which the financial advisor or service provider becomes aware while rendering professional services to the TDCJ. Confidential information may include information of a proprietary nature, information that is excepted from disclosure under the Public Information Act, Chapter 552, Texas Government Code, or information restricted from disclosure under any contract or service agreement with the TDCJ. (e) Contract Voidable. A contract under which a financial advisor or service provider renders financial services or advice to the TDCJ is voidable by the TDCJ if the financial advisor or service provider violates a standard of conduct outlined in this section.</content><note type="source"><p>Source Note: The provisions of this §151.75 adopted to be effective April 22, 2004, 29 TexReg 3804; amended to be effective March 10, 2009, 34 TexReg 1714; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective September 15, 2024, 49 TexReg 7052.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c151/sc/s151.77"><num value="151.77">§151.77</num><heading>Purchasing and Contracting with Historically Underutilized Businesses</heading><content>(a) The Texas Board of Criminal Justice (TBCJ) hereby adopts by reference the rules of the Texas Comptroller of Public Accounts codified in 34 Texas Administrative Code, Part 1, Chapter 20, Subchapter D, Division 1, relating to the Historically Underutilized Business (HUB) Program. The Texas Department of Criminal Justice shall comply with these rules and Texas Government Code §493.012.(b) It is the intent of the TBCJ that all contracts for construction projects and for the purchase of goods and services be awarded in compliance with the applicable Texas purchasing laws, the Texas Constitution, and the United States Constitution. No preference shall be provided to a business except as provided by Texas Government Code §§2155.441 - 2155.453.</content><note type="source"><p>Source Note: The provisions of this §151.77 adopted to be effective December 23, 2008, 33 TexReg 10332; amended to be effective December 31, 2014, 39 TexReg 10481; amended to be effective November 21, 2019, 44 TexReg 7058.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c152"><num value="152">CHAPTER 152</num><heading>CORRECTIONAL INSTITUTIONS DIVISION</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c152/scA"><num value="A">SUBCHAPTER A</num><heading>MISSION AND ADMISSIONS</heading><section identifier="/us/state/tx/tac/t37/p6/c152/scA/s152.1"><num value="152.1">§152.1</num><heading>Correctional Institutions Division</heading><content>The Correctional Institutions Division (CID) is the division of the Texas Department of Criminal Justice with operational responsibility for providing safe and appropriate confinement, supervision, and rehabilitation of Texas adult felony inmates. The CID operates a variety of secure correctional facilities including prisons, pre-release facilities, psychiatric facilities, medical facilities, substance abuse felony punishment facilities, state jails, and intermediate sanction facilities.</content><note type="source"><p>Source Note: The provisions of this §152.1 adopted to be effective February 20, 2006, 31 TexReg 1048; amended to be effective March 4, 2012, 37 TexReg 1363; amended to be effective May 13, 2018, 43 TexReg 2797; amended to be effective January 5, 2025, 49 TexReg 10660.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scA/s152.3"><num value="152.3">§152.3</num><heading>Admissions</heading><content>(a) Counties will send commitment papers on inmates sentenced to the Texas Department of Criminal Justice (TDCJ) to the TDCJ Classification and Records Office (CRO) immediately following completion of the commitment papers. Those counties equipped to do so may send paperwork electronically.(b) The TDCJ shall accept inmates sentenced to prison within 45 days of the date the commitment papers are certified by the CRO. If TDCJ does not take custody of an inmate within 45 days after the commitment papers are certified, TDCJ shall reimburse the county for each day of confinement within the county over 45 days at the most recent systemwide cost per day published by the Legislative Budget Board on the date the CRO receives the county's request for reimbursement.(c) No later than the fifth business day after the date the CRO receives commitment papers from the county, the CRO shall:(1) review and certify the commitment papers if the CRO determines there are no errors or deficiencies requiring corrective action by the county; or(2) notify the county that the CRO has determined the commitment papers require corrective action by the county and identify the errors needing correction.(d) Inmates shall be scheduled for admission based on:(1) their length of confinement in relation to the 45 days from the date the commitment papers are certified; and(2) transportation routes.(e) Counties will inform the TDCJ State Ready Office when inmates for whom commitment papers have been sent are transferred to another facility by bench warrants.(f) The TDCJ shall notify counties via electronic transmission, such as facsimile or email when applicable, of inmates scheduled for intake, the date of intake, the respective reception unit, and transportation arrangements. Inmates shall be sorted by name and State Identification (SID) number, as identified by the court judgment.(g) Counties will notify the TDCJ admissions coordinator of any inmates who are not available for transfer and the reason they are not available for transfer.(h) Counties may identify inmates with medical or security issues that may be scheduled for intake out of sequence on a case-by-case basis by contacting the TDCJ admissions coordinator.(i) After the receipt of an order by a judge for admission of an inmate to a state jail, the placement determination shall be made by the TDCJ Admissions Office. Placement shall be made in the state jail designated as serving the county in which the inmate resides unless:(1) the inmate has no residence or was a resident of another state at the time of committing an offense;(2) alternative placement would protect the life or safety of any person;(3) alternative placement would increase the likelihood of the inmate's successful completion of confinement or supervision;(4) alternative placement is necessary to efficiently use available state jail capacity, including alternative placement because of gender; or(5) alternative placement is necessary to provide medical or psychiatric care to the inmate.(j) If the inmate is described by subsection (h)(1) of this rule, placement shall be made in the state jail designated as serving the county in which the offense was committed, unless a circumstance in subsection (i)(2) - (5) of this rule applies.(k) The TDCJ Admissions Office shall attempt to have placement determinations made at a regional level that may include one or more regions as designated in 37 Texas Administrative Code § 152.5 relating to the designation of state jail regions.(l) If a county believes reimbursement is due, the county shall complete and submit the authorized form to the CRO. Upon receipt of the authorized form, TDCJ shall:(1) review each request for reimbursement received from a county;(2) verify:(A) the certification date for all documents required to be submitted under Article 42.09, Code of Criminal Procedure; and(B) the date the inmate was received into TDCJ custody; and(3) process all required payments for reimbursement in accordance with the Prompt Payment Act or notify the county and explain why no reimbursement is required.</content><note type="source"><p>Source Note: The provisions of this §152.3 adopted to be effective February 20, 2006, 31 TexReg 1048; amended to be effective March 4, 2012, 37 TexReg 1363; amended to be effective May 13, 2018, 43 TexReg 2797; amended to be effective November 5, 2023, 48 TexReg 6384.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scA/s152.5"><num value="152.5">§152.5</num><heading>Designation of State Jail Regions</heading><content>(a) The Texas Board of Criminal Justice (TBCJ) may not designate a region that subdivides a geographical area served by a community supervision and corrections department (CSCD). The TBCJ may designate a region that contains only one judicial district if that district serves a municipality with a population of 400,000 or more. The TBCJ shall consider the following factors in ensuring the CSCDs are served as efficiently as possible:(1) The number and size of counties being served by the CSCD;(2) Geographic distances between counties; and(3) The need for state jail capacity as determined by the anticipated number of defendants who will be required by a judge to serve a term of confinement in a state jail.(b) Based on these and any other factors deemed relevant, the TBCJ designates a total of nine regions in the state for the purpose of providing regional state jail felony facilities. The following map shows the nine regions and the counties to be served in each region.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §152.5 adopted to be effective February 20, 2006, 31 TexReg 1048; amended to be effective March 4, 2012, 37 TexReg 1363; amended to be effective May 13, 2018, 43 TexReg 2798.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p6/c152/scB"><num value="B">SUBCHAPTER B</num><heading>CORRECTIONAL CAPACITY</heading><section identifier="/us/state/tx/tac/t37/p6/c152/scB/s152.21"><num value="152.21">§152.21</num><heading>Purpose</heading><content>Pursuant to Texas Government Code §§499.102-499.110, the purpose of this subchapter is to establish the maximum rated capacity of individual units. This subchapter is not intended to create a liberty interest or grant a right on the part of any inmate within the custody of the Texas Department of Criminal Justice.</content><note type="source"><p>Source Note: The provisions of this §152.21 adopted to be effective February 20, 2006, 31 TexReg 1049; amended to be effective April 3, 2012, 37 TexReg 2222; amended to be effective August 21, 2018, 43 TexReg 5389; amended to be effective January 5, 2025. 49 TexReg 10660</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scB/s152.23"><num value="152.23">§152.23</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the content clearly indicates otherwise. (1) De minimis increase in maximum rated unit capacity is the addition of 2% or fewer beds to the capacity of a unit on a one-time basis as originally established by the Texas Board of Criminal Justice (TBCJ), and that addition will not increase the monthly gross payroll of the unit to which it is added by $500,000 or more. (2) Maximum rated unit capacity is the greatest density of inmates in relation to space available for inmate housing as established by the TBCJ.</content><note type="source"><p>Source Note: The provisions of this §152.23 adopted to be effective February 20, 2006, 31 TexReg 1049; amended to be effective April 3, 2012, 37 TexReg 2222; amended to be effective August 21, 2018, 43 TexReg 5389; amended to be effective January 5, 2025, 49 TexReg 10660</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scB/s152.25"><num value="152.25">§152.25</num><heading>Maximum Rated Capacity of Individual Units</heading><content>The Texas Board of Criminal Justice establishes the following maximum rated capacities for existing units. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §152.25 adopted to be effective February 20, 2006, 31 TexReg 1049l; amended to be effective April 3, 2012, 37 TexReg 2222; amended to be effective September 14, 2014, 39 TexReg 7178; amended to be effective August 21, 2018, 43 TexReg 5389; amended to be effective January 5, 2025, 49 TexReg 10660; amended to be effective November 9, 2025, 50 TexReg 7113.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scB/s152.27"><num value="152.27">§152.27</num><heading>Unit and System Capacity Standards</heading><content>(a) Unit Capacity General Standard. Except as necessary on a temporary basis, the number of inmates assigned to a unit shall not exceed the unit's maximum rated capacity as established by the Texas Board of Criminal Justice. (b) Texas Department of Criminal Justice (TDCJ) Operational Capacity Standard. The TDCJ should operate at no higher than 96% of the maximum system capacity. (c) Increases in Capacity. An increase in maximum rated unit capacity, other than a de minimis increase, shall be made in accordance with Texas Government Code §§ 499.102-499.110.</content><note type="source"><p>Source Note: The provisions of this §152.27 adopted to be effective February 20, 2006, 31 TexReg 1049; amended to be effective April 3, 2012, 37 TexReg 2222; amended to be effective August 21, 2018, 43 TexReg 5390; amended to be effective January 5, 2025, 49 TexReg 10660</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p6/c152/scD"><num value="D">SUBCHAPTER D</num><heading>OTHER RULES</heading><section identifier="/us/state/tx/tac/t37/p6/c152/scD/s152.51"><num value="152.51">§152.51</num><heading>Authorized Witnesses to the Execution of an Inmate Sentenced to Death</heading><content>(a) Purpose. The purpose of this rule is to specify those adults, 18 years of age or older, who are authorized to witness the scheduled execution of an inmate who has been sentenced to death.(b) Victim Witnesses. Five close relatives of the victim and a spiritual advisor may be victim witnesses. The total number of victim witnesses shall not exceed six, unless the provision in paragraph 3 of this subsection applies, at which time the number of victim witnesses shall not exceed seven.(1) "Close relative of the victim" means the following persons in relation to the victim for whose death the inmate has been scheduled for execution:(A) The spouse of the victim at the time of the victim's death;(B) A parent or stepparent of the victim;(C) An adult brother, sister, child, or stepchild of the victim; or(D) An individual who had a close relationship with the victim or has a close relationship with a relative of the victim, with the recommendation of the Victim Services Division (VSD) director and approval of the Correctional Institutions Division (CID) director.(2) If there are fewer than five close relatives of the victim scheduled to attend, others may be permitted to attend the execution as follows:(A) Close relatives of a victim for whose death the inmate has been convicted but not sentenced to death;(B) Close relatives of a victim for whose death the inmate is unequivocally responsible, with the recommendation of the VSD director and approval of the CID director; and(C) The surviving victim of a crime for which the inmate has been convicted and sentenced to death, with the recommendation of the VSD director and approval of the CID director.(3) If there are multiple victims involved in the offense for which the inmate has been convicted and sentenced to death, the total number of witnesses shall be increased to seven.(4) The spiritual advisor shall be a licensed or certified pastor or comparable official, such as a minister, priest, or rabbi, of the victim's or close relatives' religion.(c) Inmate Witnesses. Individuals that may be inmate witnesses are as follows:(1) Five of the inmate's relatives or friends and a spiritual advisor may attend the execution of the condemned inmate if:(A) The inmate provides a list of witnesses to the death row supervisor or warden's designee at least 14 days prior to the date of execution;(B) The witnesses are 18 years of age or older;(C) The inmate submits a request in writing to the death row unit warden to have a TDCJ chaplain or the inmate's spiritual advisor present inside the execution chamber within 30 days of being notified of an execution date and must explain in writing what actions the inmate requests the spiritual advisor to perform while inside the execution chamber; and(D) The spiritual advisor must be currently employed as a TDCJ chaplain or have an established ongoing spiritual relationship with the inmate as shown by regular communications or in-person visits with the inmate prior to the inmate's scheduled execution date.(2) If the inmate wants to change the witnesses previously designated, and the request is made less than 14 days before the execution, the inmate shall submit the request in writing through the death row unit warden to the CID director, who shall approve or disapprove the changes.(d) Other Witnesses. Persons other than those listed in subsections (b) and (c) who are authorized to witness an execution are:(1) Texas Department of Criminal Justice (TDCJ) staff or law enforcement staff as deemed necessary by the CID director;(2) Members of the Texas Board of Criminal Justice;(3) The Inspector General or designee, and staff of the Office of the Inspector General as deemed necessary by the Inspector General;(4) TDCJ chaplains;(5) The Walker County judge;(6) The Walker County sheriff;(7) Media pool representatives consisting of:(A) One reporter from the Huntsville Item;(B) One reporter from the Associated Press;(C) Three additional print media or broadcast media representatives selected from a list of applicants maintained by the TDCJ Communications Department; and(8) Any other person approved by the TDCJ CID director.(e) Prohibition of Attendance. Any inmate currently confined within the TDCJ is specifically denied authorization to witness the execution of another inmate.(f) Victim Notification.(1) The VSD shall maintain a list of scheduled executions and will include any significant changes pertaining to the execution, such as dates or court rulings. The Executive Clemency Section of the Board of Pardons and Paroles will provide a list of scheduled executions to the VSD in an expedient manner.(2) The VSD is responsible for notifying the victim(s) or close relatives of the victim of the scheduled execution date, time, and location, upon request. Victim(s) or close relatives shall notify the VSD of any address or telephone number changes and of their intent to attend.(3) The relatives of the victim, and surviving victims, shall be identified and approved by the VSD.(4) It is the responsibility of the VSD to notify the CID director, no later than five days prior to the scheduled execution date, of the names and relationships to the victim for the victim's witnesses and support persons who plan to attend.(5) The VSD shall contact the relatives of the victim, and surviving victims, and provide information regarding the written procedures affecting their participation.(g) Requirements for the Execution Chamber. The room provided for the execution shall be arranged so that:(1) There is sight and sound separation between any inmate witnesses and any victim witnesses; and(2) There is sound separation between the condemned inmate and those in attendance, except arrangements shall be provided to allow those in attendance to hear the statements of the condemned inmate.</content><note type="source"><p>Source Note: The provisions of this §152.51 adopted to be effective February 2, 1996, 21 TexReg 602; amended to be effective April 5, 1998, 23 TexReg 3276; amended to be effective June 16, 2008, 33 TexReg 4682; amended to be effective April 28, 2013, 38 TexReg 2511; amended to be effective September 14, 2017, 42 TexReg 4658; amended to be effective March 3, 2024, 49 TexReg 1286.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scD/s152.61"><num value="152.61">§152.61</num><heading>Emergency Response to Law Enforcement Agencies or Departments and Non-Agent Private Prisons or Jails</heading><content>(a) Definitions. The following words and terms, when used in this section, shall have the following meanings unless the context clearly indicates otherwise.(1) "Assistance" refers to Texas Department of Criminal Justice (TDCJ) resources provided to law enforcement agencies or departments, and non-agent private prisons or jails such as personnel, equipment, vehicles, horses, tracking pack or scent specific canines, and chemical agents.(2) "Emergency situation" is an event determined by a law enforcement agency that presents an immediate or potential threat to public safety if the TDCJ's assistance is not received. The situation will generally involve multiple inmates, an escape, or a hostage situation.(3) "Law enforcement agency or department" is defined as the Texas Department of Public Safety (DPS), including the Texas Rangers; a municipal police department; a county sheriff's department; a federal law enforcement agency; a university police department; a campus police department; or a school district police department.(4) "Non-agent private prison or jail" is any privately operated or owned prison or jail in Texas that does not have a contract with the TDCJ to house TDCJ inmates.(5) "TDCJ facility" is any facility operated by or under contract with the TDCJ.(b) Policy. It is the policy of the TDCJ to assist law enforcement agencies or departments requesting assistance in an emergency situation that presents an immediate or potential threat to public safety, such as apprehending an escapee of a municipal or county jail or a privately operated or federal correctional facility, if the TDCJ determines that providing assistance will not jeopardize the safety and security of the TDCJ and its personnel.(c) Procedures.(1) Request for Assistance.(A) If a non-agent private prison or jail believes that an emergency situation has arisen, it must immediately notify the nearest law enforcement agency to qualify for the TDCJ's assistance. In the case of a non-agent private prison or jail that operates a facility holding county inmates, the facility must first notify the county sheriff to qualify for the TDCJ's assistance.(B) The law enforcement agency shall then determine whether the situation is indeed an emergency situation as defined in subsection (a)(2) of this section. If the situation is determined to be an emergency, the law enforcement agency shall identify the scope of assistance being requested by consulting with the non-agent private prison or jail to determine:(i) Number and type of personnel needed;(ii) Number and type of vehicles needed;(iii) Amount and type of riot equipment needed;(iv) Number and type of weapons needed, including chemical agents;(v) Number of tracking pack or scent specific canines needed; and(vi) Number of horses needed.(C) After a Texas Ranger, DPS sergeant or higher-ranking officer, county sheriff, or municipal police chief reviews the information gathered in subsection (c)(1)(B) of this section and concurs with the scope of assistance required from the TDCJ, law enforcement agency staff may call the nearest TDCJ facility's warden or designee to request assistance. The law enforcement agency shall describe the assistance being requested and agree to have a representative available to take an active role at the site of the emergency situation when the TDCJ team arrives.(2) Approval.(A) The TDCJ warden or designee shall contact the appropriate Correctional Institutions Division (CID) regional director for approval to render assistance. The regional director may agree to provide assistance if the assistance will not jeopardize the safety and security of the TDCJ and its personnel.(B) Once the TDCJ's assistance is approved, the warden or designee shall, in conjunction with the CID regional director, determine what requested resources shall be sent, based on the assessment of the information received as well as concurrent TDCJ needs. The warden or designee shall designate the senior member of the TDCJ emergency assistance team.(3) Emergency Assistance.(A) The responding TDCJ facility shall report the request for assistance and the facility's response to the Emergency Action Center (EAC) in accordance with AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents." The warden or designee shall be responsible for all follow-up actions as required by the directive.(B) Arrival at the Emergency Situation Site.(i) Upon arrival at the scene of the emergency situation site, the senior member of the TDCJ team shall be briefed by the representative of the law enforcement agency, department, or non-agent private prison or jail required by subsection (c)(1)(C) of this section.(ii) The senior member of the TDCJ team shall have sole discretion as to which TDCJ resources shall be deployed.(C) The senior member of the TDCJ team shall be in charge of the TDCJ resources, to include personnel, at all times.(D) If the emergency situation requires the use of tracking pack or scent specific canines, the requirements of AD-03.26, "The Use of TDCJ Canines," shall be followed.(d) Reimbursement for Assistance. The non-agent private prison or jail shall reimburse the TDCJ for all assistance rendered, to include the cost of employees, equipment, and supplies, as well as a minimum of $1,000 for administrative overhead expenses. The TDCJ executive director may waive this requirement.</content><note type="source"><p>Source Note: The provisions of this §152.61 adopted to be effective April 15, 1997, 22 TexReg 3431; amended to be effective September 3, 2008, 33 TexReg 7264; amended to be effective April 28, 2013, 38 TexReg 2511; amended to be effective September 14, 2017, 42 TexReg 4658; amended to be effective September 15, 2024, 49 TexReg 7053.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c152/scD/s152.71"><num value="152.71">§152.71</num><heading>Acceptance of Gifts Related to Buildings for Religious and Secular Programs</heading><content>(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. (b) Procedures.(1) The TDCJ shall meet with donor groups for the purpose of evaluating a prospective donated building or building enhancement. The TBCJ respects the right of contributors to designate a specific project at a specific TDCJ unit for which the donated building or building enhancement will be used.(2) A donor or designee will 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. The naming of buildings obtained under this section 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 shall be used to provide a place for all inmates 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. Furthermore, the buildings shall be used by inmates 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.</content><note type="source"><p>Source Note: The provisions of this §152.71 adopted to be effective February 17, 2005, 30 TexReg 722; amended to be effective March 3, 2010, 35 TexReg 1760; amended to be effective September 14, 2014, 39 TexReg 7179; amended to be effective February 28, 2019, 44 TexReg 867; amended to be effective July 16, 2025, 50 TexReg 4021.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c154"><num value="154">CHAPTER 154</num><heading>PRIVATE SECTOR PRISON INDUSTRIES PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c154/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.1"><num value="154.1">§154.1</num><heading>Authority</heading><content>(a) The Texas Board of Criminal Justice shall approve, certify, and supervise the Private Sector Prison Industries Programs operated by the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, and county correctional facilities.(b) This oversight function includes:(1) Promulgating board rules governing the Private Sector Prison Industries Programs as may be authorized under state and federal law;(2) Designating or un-designating a cost accounting center (CAC); and(3) Determining compliance of the CACs with state and federal guidelines and law, as well as 37 Texas Administrative Code §154.11.</content><note type="source"><p>Source Note: The provisions of this §154.1 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.2"><num value="154.2">§154.2</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, have the following meanings, unless the context clearly indicates otherwise.(1) "Certificate Holder" is a governmental entity that has been certified by United States Department of Justice, Bureau of Justice Assistance (BJA) to administer a Prison Industry Enhancement (PIE) certification program.(2) "Certification" is the designation by the BJA of a Prison Work Pilot Project pursuant to 18 U.S.C. §1761(c) and other applicable federal and state laws.(3) "Cost Accounting Center" (CAC) is a distinct goods production unit of a PIE certification program that is managed as a separate accounting entity under the authority of a certificate holder. All CACs shall operate in compliance with the provisions set forth in 18 U.S.C. §1761(c).(4) "Displacement" is the loss of employment in skills, crafts, or trades in which there is a surplus of available gainful labor in the state. Displacement may not result in a significant impairment to existing contracts. The term displacement as used in this definition includes all such prohibited activities, as well as the inappropriate transfer of private sector job functions to PIE certification program participants.(5) "Fair Market Value" is the amount or rate that is equal to or greater than the average amount or rate paid by the state for the lease of substantially similar property.(6) "Governmental Entity" is the Texas Department of Criminal Justice, the Texas Juvenile Justice Department, and any county that operates a PIE certification program.(7) "Locality" is the local workforce development area designated by the Texas Workforce Commission for the geographic area where the work will be performed.(8) "Participant" is an offender employed by a PIE certification program.(9) "Prevailing Wage" is a wage rate that is not less than that paid for work of a similar nature in the locality in which the work will be performed.(10) "Private Sector Prison Industries Programs" is the term used by the state, which has the same meaning as the PIE certification program, as authorized by 18 U.S.C. §1761(c).(11) "United States Department of Justice, Bureau of Justice Assistance" is a federal agency, which certifies that local or state prison industry programs meet all the necessary requirements to sell prison-made goods in interstate commerce.</content><note type="source"><p>Source Note: The provisions of this §154.2 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.3"><num value="154.3">§154.3</num><heading>Program Inquiries</heading><content>(a) All written inquiries and requests for information related to the Private Sector Prison Industries Programs shall be submitted to the Texas Board of Criminal Justice (TBCJ), P.O. Box 13084, Austin, TX 78711.(b) TBCJ staff shall refer each inquiry or request to the Texas Department of Criminal Justice (TDCJ), Texas Juvenile Justice Department, or county correctional facility for a response.(c) The TDCJ shall respond in a timely manner and provide a copy of the response to the chairman of the TBCJ and the chairman of the TBCJ Business and Financial Operations Committee.</content><note type="source"><p>Source Note: The provisions of this §154.3 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.4"><num value="154.4">§154.4</num><heading>Prison Industry Enhancement Certification Program Wages and Non-Displacement of Workers</heading><content>(a) As provided in this chapter, each private industry interested in establishing a Prison Industries Enhancement (PIE) certification program in a facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ), the Texas Juvenile Justice Department (TJJD), or a county correctional facility shall submit documentation of the prevailing wage for each job classification in the proposal submitted to the Texas Board of Criminal Justice pursuant to 37 Texas Administrative Code §154.7.(b) The private industry shall obtain written verification from the Texas Workforce Commission (TWC) that the wage plan for the operation of the PIE certification program is consistent with the prevailing wage for each job classification in the locality in which the work will be performed.(c) Upon receipt of this information, the TDCJ, TJJD, or county correctional facility shall request from the TWC information necessary to certify that:(1) The private industry will not result in the displacement of employees or the loss of existing jobs of a similar nature by any employer in this state. For the purpose of this rule, a program does not result in the loss of existing jobs if, at the time of initial certification, the jobs are performed by workers in a foreign country; and(2) The private industry will not be applied in skills, crafts, or trades in which there is a surplus of available gainful labor in the state.(d) Notwithstanding the provisions of subsection (b), a contract for the provision of services does not require payment of prevailing wages as long as the contract requires the payment of not less than the federal or state minimum wage, whichever is higher.</content><note type="source"><p>Source Note: The provisions of this §154.4 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.5"><num value="154.5">§154.5</num><heading>Notice Requirements</heading><content>(a) Any private industry proposing to operate a Prison Industries Enhancement (PIE) certification program in a facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ), the Texas Juvenile Justice Department (TJJD), or a county correctional facility shall notify the following of its intent to do so:(1) The state senator and state representative in whose district the PIE certification program covered by the contract is or will be located;(2) The executive heads of the Texas American Federation of Labor and Congress of Industrial Organizations, the Texas Association of Manufacturers, the National Federation of Independent Business/Texas, the Texas Association of Business, and the Texas Association of Workforce Boards; and(3) The Chamber of Commerce in any municipality or county in which the PIE certification program covered by the contract is or will be located.(b) The notice required by subsection (a) shall include a specific description, in plain language and in an easily readable and understandable format, of any product that will be manufactured or service to be provided under the contract.(c) The notice shall be provided in writing by certified mail and, at a minimum, include the following:(1) Identification of the scope of the intended project, including projected number of jobs for participants and free world workers;(2) Specific job descriptions for any work that will be performed by participants under the contract;(3) Specific description in plain language of any product that will be manufactured or service to be provided;(4) Projected initiation date;(5) Information regarding PIE certification program participation;(6) Prevailing wage information;(7) An explanation that statutory consultation is required;(8) A statement by the private industry that it will not impair existing contracts for goods or services; and(9) A statement indicating that comments are invited.(d) A copy of the notice and any comments received shall be provided to the Texas Board of Criminal Justice (TBCJ) in the proposal submitted pursuant to 37 Texas Administrative Code §154.7.(e) The notice required in this subsection does not relieve the TDCJ, TJJD, or the county correctional facility from providing notice no later than 60 days prior to entering into a contract with a private industry for a PIE certification program as required by Texas Government Code §497.0596. The TDCJ, TJJD, and the county correctional facility may charge the private industry for the cost of providing the notice.(f) Any employer that employs persons in this state to perform work in the same job descriptions or are otherwise engaged in the manufacture of the same or a substantially similar product may submit a sworn statement to the TBCJ alleging that the employer has been or would be negatively affected by the contract to be entered into or renewed. The TBCJ shall consider this statement when determining whether to designate a cost accounting center.</content><note type="source"><p>Source Note: The provisions of this §154.5 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.6"><num value="154.6">§154.6</num><heading>Workers' Compensation for Prison Industry Enhancement Certification Programs</heading><content>All private industries shall provide proof of workers' compensation insurance or its equivalent to the Texas Board of Criminal Justice in the proposal submitted pursuant to 37 Texas Administrative Code §154.7 and at the time of each renewal period.</content><note type="source"><p>Source Note: The provisions of this §154.6 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.7"><num value="154.7">§154.7</num><heading>Designation of Cost Accounting Centers</heading><content>(a) Any private industry interested in establishing a cost accounting center (CAC) in a facility operated by or under contract with the Texas Department of Criminal Justice (TDCJ), the Texas Juvenile Justice Department (TJJD), or a county correctional facility shall submit a written proposal to the Texas Board of Criminal Justice (TBCJ), P.O. Box 13084, Austin, TX 78711.(b) The proposal shall include the following information: (1) A summary of the product to be manufactured or the service to be provided;(2) The number of participants to be employed and the number of other employees who will be employed on site;(3) Specific job descriptions;(4) Documentation of the prevailing wage for similar work performed in the locality in which the private industry will be operated and the wage program participants will be paid in accordance with 37 Texas Administrative Code §154.4;(5) Evidence of workers' compensation coverage or equivalent private insurance;(6) Documentation reflecting that the notice required in 37 Texas Administrative Code §154.5 has been provided;(7) Certification that the private industry is eligible to receive state funds, a grant, or loan under Texas Family Code §231.006; (8) Documentation of compliance with the National Environmental Policy Act, if applicable, in the form required by those regulations, or an application for categorical exclusion;(9) Financial statements to provide proof of financial stability; and(10) Any other information required by the TDCJ, TJJD, or the operator of the county correctional facility.(c) TBCJ staff shall forward a copy of the proposal to the TDCJ for review and confirmation that the proposal meets the requirements of state and federal law applicable to the Prison Industries Enhancement certification program.(d) The TDCJ shall present the proposal at a regularly scheduled meeting of the TBCJ for discussion, consideration, and possible action.(e) The TDCJ shall notify the private industry and TJJD or the operator of the county correctional facility, as applicable, of the TBCJ's decision. If approved by the TBCJ, the private industry, and TDCJ, TJJD, or operator of the county correctional facility shall complete the appropriate Bureau of Justice Assistance (BJA) forms for designation as a new CAC and return the forms to the TDCJ.(f) If approved, the TDCJ shall submit the designation forms and a copy of the proposal to the BJA.</content><note type="source"><p>Source Note: The provisions of this §154.7 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.8"><num value="154.8">§154.8</num><heading>Limitations on Contracts</heading><content>(a) Only the Texas Board of Criminal Justice (TBCJ) is authorized to approve contracts and renewals or substantive modifications of contracts with an employer for a Prison Industries Enhancement (PIE) certification program. Contracts and renewals or substantive modifications of contracts shall be presented at a regularly scheduled meeting of the TBCJ for discussion, consideration, and possible action provided that the governmental entity may extend a contract for up to a six-month period without TBCJ approval.(b) For each cost accounting center (CAC) designated after June 19, 2009, the Texas Department of Criminal Justice (TDCJ), the Texas Juvenile Justice Department (TJJD), or a county correctional facility may not enter into a contract or renew a contract with a private industry for a PIE certification program if the TBCJ determines that the contract has negatively affected, or would negatively affect, any employer in this state, including the loss of existing jobs provided by the employer to employees in this state who are not incarcerated or imprisoned. The contract shall:(1) Include specific job descriptions for any work that will be performed by participants under the contract;(2) Include a specific description, in plain language and in an easily readable and understandable format, of any product that will be manufactured or service that will be provided under this contract; and(3) Charge a private sector prison industry employer or other participating entity the fair market value for the lease of any property owned by the TDCJ, TJJD, or the county and leased to the private sector industry employer or entity under the contract.(c) For the purpose of this chapter, a contract does not negatively affect an employer if the only negative effect alleged in a sworn statement by the employer is the loss of existing jobs that, at the time the sworn statement is submitted to the TBCJ, are performed by workers in a foreign country.(d) The TBCJ will not enter into a contract for a new PIE certification program if there are currently more participants in the program at any one time or more CACs than authorized by Texas Government Code §497.062.</content><note type="source"><p>Source Note: The provisions of this §154.8 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.9"><num value="154.9">§154.9</num><heading>Distribution of Wages of Offenders Participating in the Prison Industries Enhancement Certification Program</heading><content>(a) Each cost accounting center (CAC) shall collect and disburse earned wages according to federal and state law, federal guidelines, the contract, and this rule.(b) The CAC shall disburse 80 percent of the participant's gross wages according to the following schedule of priorities for the Texas Department of Criminal Justice (TDCJ) and county correctional facility participants:(1) Applicable taxes;(2) Twenty percent for family support of legal dependents or to the Office of the Attorney General (OAG) Child Support Division as payment toward a child support court order;(3) Ten percent for restitution;(4) Ten percent to the OAG Crime Victims' Compensation Fund; and(5) The remaining percentage to room and board unless the participant has an outstanding child support obligation, in which case the percentage shall be applied to any outstanding child support obligation until such balance is paid in full.(c) The CAC shall deposit 20 percent of the participant's gross wages into the participant's trust fund account for the benefit of the participant unless the participant has any outstanding child support obligation, in which case, 50 percent of this amount shall be applied to any outstanding child support until such balance is paid in full.(d) The CAC shall disburse the participant's wages according to the following schedule of priorities for Texas Juvenile Justice Department (TJJD) participants:(1) Applicable taxes;(2) Ten percent for family support of legal dependents or to the OAG Child Support Division as payment toward a child support court order;(3) Five percent for restitution;(4) Eight percent to the OAG Crime Victims' Compensation Fund; and(5) The remaining percentage to be deposited into the participant's trust fund account.(e) The TDCJ general counsel shall consult with the TJJD prior to any revisions to the disbursement of the TJJD participant wages.(f) The CAC shall maintain accurate records of the receipt and distribution of participant wages. Accounting records shall be available for audit by the Texas Board of Criminal Justice (TBCJ), the TDCJ, or representatives of the state or federal government.(g) The CAC shall report the distribution of wages in the format designated by the Bureau of Justice Assistance (BJA).(h) The CAC shall complete and forward the report of the distribution of wages on a quarterly basis for each calendar year. The report shall be submitted to the TDCJ not later than the 10th working day following the end of the quarter.(i) The TDCJ shall compile a combined report of the wage distributions for all CACs by the 20th day following the end of the quarter. The report shall be provided to the TBCJ and the BJA for review.(j) The TDCJ shall provide written notice to the TJJD, the county correctional facilities, the participants, and the CACs of any changes by the TBCJ to the distribution of wages of offenders participating in the PIE certification program.(k) Each month, the TDCJ shall forward money deducted from participant wages for room and board to the comptroller of public accounts.</content><note type="source"><p>Source Note: The provisions of this §154.9 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670; amended to be effective July 18, 2021, 46 TexReg 4172.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.10"><num value="154.10">§154.10</num><heading>Cost Accounting Centers Policies and Procedures</heading><content>(a) Each cost accounting center (CAC) shall develop policies and procedures for the operation of its private industry in compliance with state and federal guidelines and law. The Texas Department of Criminal Justice (TDCJ) shall provide each CAC a copy of the board rules and federal guidelines governing the Private Sector Prison Industries Programs, and shall provide technical assistance upon request.(b) Each CAC shall submit the policies and procedures to the TDCJ for review and approval. Such procedures shall include a grievance procedure, which shall be posted at the location where the CAC operates.(c) The TDCJ shall review and approve the submitted policies and procedures ensuring compliance with state and federal guidelines, law, and board rules.</content><note type="source"><p>Source Note: The provisions of this §154.10 adopted to be effective May 2, 2010, 35 TexReg 3286.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.11"><num value="154.11">§154.11</num><heading>Program Compliance</heading><content>The Texas Department of Criminal Justice, Texas Juvenile Justice Department, and the operator of a county correctional facility shall develop policies and procedures and an audit plan to monitor each cost accounting center (CAC) under its respective jurisdiction for compliance with state and federal law, guidelines, and rules adopted by the Texas Board of Criminal Justice (TBCJ). Audits shall be conducted annually.(1) Compliance monitoring reports, including a proposed plan of corrective action for areas of noncompliance, shall be submitted to the TBCJ.(2) Significant or continuing noncompliance may result in termination of the contract with the CAC.</content><note type="source"><p>Source Note: The provisions of this §154.11 adopted to be effective May 2, 2010, 35 TexReg 3286; amended to be effective November 5, 2015, 40 TexReg 7670.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c154/sc/s154.12"><num value="154.12">§154.12</num><heading>Complaint Investigations</heading><content>(a) All complaints concerning the Private Sector Prison Industries Programs shall be submitted to the Texas Board of Criminal Justice (TBCJ), P.O. Box 13084, Austin, Texas 78711.(b) Upon receipt of the complaint, TBCJ staff shall send a letter acknowledging receipt of the complaint and a copy of this rule to the complainant, the governmental entity, the cost accounting center (CAC), and each person who is a subject of the complaint.(c) TBCJ staff shall refer the complaint to the Texas Department of Criminal Justice (TDCJ) for review and investigation. TBCJ staff shall maintain a file on each written complaint that contains the following information:(1) The name of the person who filed the complaint;(2) The date the complaint was received by the TBCJ;(3) The subject matter or nature of the complaint;(4) The name of each person contacted in relation to the complaint;(5) A summary of the results of the review or investigation of the complaint; and(6) An explanation of the reason the file was closed, if the TBCJ closed the file without taking action other than to investigate the complaint.(d) The TDCJ shall assign each case a number and maintain a log of all investigations including:(1) The case number;(2) The date the case was received by the TBCJ;(3) A summary of the complaint;(4) The TDCJ, governmental entity, or CAC involved;(5) The name of the complainant;(6) The date the case was closed; and(7) Whether the complainant's allegation was sustained or not sustained.(e) TBCJ staff shall notify the complainant, the governmental entity, the CAC, and each person who is a subject of the complaint every 90 days of the status of the investigation, unless the notice would jeopardize an undercover investigation.(f) A draft of the investigation and the proposed response shall be submitted to the chairman of the TBCJ and the chairman of the Business and Financial Operations Committee for review and approval.(g) Upon approval, the TBCJ shall provide the written response to the complainant, the governmental entity, the CAC, and the subject of the complaint.</content><note type="source"><p>Source Note: The provisions of this §154.12 adopted to be effective May 2, 2010, 35 TexReg 3286.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c155"><num value="155">CHAPTER 155</num><heading>REPORTS AND INFORMATION GATHERING</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c155/scB"><num value="B">SUBCHAPTER B</num><heading>SITE SELECTION AND FACILITY NAMES</heading><section identifier="/us/state/tx/tac/t37/p6/c155/scB/s155.21"><num value="155.21">§155.21</num><heading>Naming of a Texas Department of Criminal Justice Owned Facility</heading><content>(a) Purpose. The purpose of this rule is to establish procedures for the naming of a facility owned by the Texas Department of Criminal Justice (TDCJ). These naming procedures do not apply to a facility that is not owned by the TDCJ.(b) Definition. "Facility" is a unit, building, individual room, or portion of a unit or building owned by the TDCJ.(c) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) to name a facility based upon its geographical location, its function, or to recognize an individual who has contributed to the process of criminal justice in the state of Texas. Suggestions for the naming of a facility may be submitted by the public. However, the TBCJ specifically reserves the right to accept, refuse, or choose a name other than those names submitted by the public for consideration.(d) Procedures.(1) Suggestions for the naming of a facility owned by the TDCJ shall be submitted to the TBCJ office at P.O. Box 13084, Austin, Texas 78711. To be considered, each submitted suggestion shall include the following:(A) Location of the facility to be named;(B) Proposed name for the facility;(C) Biographical sketch of the person if the proposed name is in recognition of a specific individual;(D) Synopsis of the reasons, achievements, incidents, and other justification that form the basis for the recommendation; and(E) If the suggested name is in recognition of a specific individual, written approval from the individual or, if the individual is deceased, the individual's next-of-kin.(2) Suggestions shall be reviewed by the TBCJ chairman and then maintained at the TBCJ office for future consideration.(3) Upon approval of the TBCJ chairman, the recommendation to name a facility shall be placed on a TBCJ meeting agenda. The TBCJ discussion and consideration concerning the facility's name shall occur in an open meeting. A facility's name shall be approved by a majority vote of the TBCJ.</content><note type="source"><p>Source Note: The provisions of this §155.21 adopted to be effective April 8, 1996, 21 TexReg 2477; amended to be effective June 17, 2004, 29 TexReg 5794; amended to be effective December 23, 2008, 33 TexReg 10332; amended to be effective January 1, 2017, 41 TexReg 10392.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c155/scB/s155.23"><num value="155.23">§155.23</num><heading>Site Selection Process for the Location of Additional Facilities</heading><content>(a) Purpose. This rule establishes procedures for determining the location of new Texas Department of Criminal Justice (TDCJ) facilities in a manner that is fair and open, cost-effective for construction and operations, and sensitive to the ultimate mission of the facilities sited. Determining the location of a new facility designed to house inmates is a multi-factor process that assesses cost-effectiveness, logistical support requirements, operational concerns, and legal mandates.(b) Definitions. The following words and terms, when used in this rule, shall have the following meanings, unless the context clearly indicates otherwise.(1) Facility is a substantially self-contained, permanently constructed correctional facility for housing inmates. This includes prison units, state jails, and substance abuse felony punishment (SAFP) facilities, but does not include community corrections facilities, as defined by Texas Government Code § 509.001, or parole facilities defined in Texas Government Code §§ 508.118, 508.119, or 508.320.(2) Prison unit includes a private prison under Texas Government Code Chapter 495, Subchapter A (Contracts with Private Vendors and Commissioners Courts), a psychiatric unit, and a unit whose capacity is determined by Texas Government Code Chapter 499, Subchapter E (Unit and System Capacity).(3) SAFP facility is a substance abuse felony punishment facility authorized by Texas Government Code § 493.009.(4) State jail is a state jail felony facility authorized by Texas Government Code Chapter 507.(c) Procedures.(1) The Legislative Budget Board is responsible for projecting the demand for prison unit, state jail, and SAFP facility beds. Based on these projections, a plan shall be developed by TDCJ staff and adopted by the Texas Board of Criminal Justice (TBCJ) that details how any additional bed needs shall be met. This plan shall be presented to the legislature with a request for appropriations. The plan shall include any recommendations for re-designation and renovation of existing facilities. With respect to new facilities requiring the selection of a site, the plan adopted by the TBCJ shall include:(A) Recommendations for specific types of facilities needed by the TDCJ, the approximate size of each facility, and any regional distribution planned by facility type;(B) A description of each facility's mission; and(C) A description of the type of inmates to be housed in each facility and the programming requirements for that population.(2) Site selections shall be made in accordance with and through a Request for Proposals (RFP) process, unless the TBCJ determines that land currently owned by the state shall be used as the site for the location of additional facilities, in which case an RFP process shall not be required. The RFP shall be based on the array of facilities authorized by the legislature. For each round of site selections, the RFP shall specify:(A) Types of facilities needed;(B) Minimum acreage and site characteristics required for each facility type;(C) Requirements for geotechnical information based on drilling matrix and site preparation requirements;(D) Requirements for verified documentation of the absence of any environmental problems and historical preservation conditions;(E) Requirements for supporting information such as easement, utility, and topographical maps;(F) Requirements for description of land values, transferability of mineral rights, surface leases, easements, title report, warranty deed, aerial photographs, and other issues affecting the timely transferability of a site;(G) Transportation and utility requirements; and(H) Requirements for soliciting citizen input and state and local elected official input regarding a specific site.(3) Under the direction of the TDCJ executive director, the Facilities Division shall coordinate the site selection process. In accordance with the TBCJ approved criteria and process, TDCJ staff shall be responsible for the development of the RFP, devising and completing scoring instruments, as well as cost analysis for TBCJ review and action. Information presented to the TBCJ shall:(A) Be structured in a uniform format as illustrated in the Facilities Division policies and procedures;(B) Include data from a weighted scoring evaluation system that objectively assesses each site based on the proposal requirements, the site visit, and supporting information developed before any review, based on the Facilities Division policies and procedures and on the requirements outlined in the RFP;(C) Include life-cycle cost calculations for a specific time period for each responsive proposal;(D) Include information relating to the workforce available in the area surrounding each proposed site from which the TDCJ would recruit correctional staff; and(E) Identify and explain any deviations from the TBCJ approved process.(4) Any selection process shall take into consideration the intent of the legislature to locate each facility:(A) In close proximity to a county with 100,000 or more inhabitants to provide services and other resources provided in such a county;(B) Cost-effectively with respect to its proximity to other TDCJ facilities;(C) In close proximity to an area that would facilitate release of inmates or persons to their area of residence; and(D) In close proximity to an area that provides adequate educational opportunities and medical care.(5) The TBCJ shall be responsible for site selection, but may request that TDCJ staff provide a short list of recommended sites or a preference ranking of sites with an explanation for the recommendation or ranking. Staff recommendations shall be determined through the scoring of information contained in each submitted proposal based on RFP requirements, actual site assessment, and information obtained from external and internal sources for each site. Staff recommendations may include, and the TBCJ may select, a site other than one contained in the submitted proposals if the site is on state-owned land.</content><note type="source"><p>Source Note: The provisions of this §155.23 adopted to be effective June 13, 1999, 24 TexReg 4252; amended to be effective December 19, 2007, 32 TexReg 9358; amended to be effective July 8, 2012, 37 TexReg 4949; amended to be effective March 5, 2017, 42 TexReg 766; amended to be effective September 15, 2024, 49 TexReg 7053.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p6/c155/scC"><num value="C">SUBCHAPTER C</num><heading>PROCEDURES FOR RESOLVING CONTRACT CLAIMS AND DISPUTES</heading><section identifier="/us/state/tx/tac/t37/p6/c155/scC/s155.31"><num value="155.31">§155.31</num><heading>Establishing Procedures for Resolving Contract Claims and Disputes</heading><content>(a) Purpose. This section is intended to serve as a guideline for the negotiation and mediation of a breach of contract claim asserted by a contractor against the Texas Department of Criminal Justice (TDCJ) under Texas Government Code Chapter 2260. This section is binding upon the TDCJ and is not intended to replace the TDCJ procedures relating to a breach of contract claim that is mandated by state or federal law, but is intended to provide procedures when none are so mandated.(b) Policy. It is the policy of the Texas Board of Criminal Justice (TBCJ) and the TDCJ to resolve a breach of contract claim as efficiently and as expeditiously as possible, consistent with prudent stewardship of the state of Texas assets.(c) Applicability. This section does not apply to an action of a unit of state government for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute.(1) This section does not apply to a contract action proposed or taken by a unit of state government for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Texas Government Code Chapter 2001.(2) This section does not apply to contracts:(A) between a unit of state government and the federal government or its agencies, another state, or another nation;(B) between two or more units of state government;(C) between a unit of state government and a local governmental body, or a political subdivision of another state;(D) between a subcontractor and a contractor;(E) subject to Texas Transportation Code §201.112;(F) within the exclusive jurisdiction of state or local regulatory bodies;(G) within the exclusive jurisdiction of federal courts or regulatory bodies; or(H) that are solely and entirely funded by federal grant monies other than for a project defined in subsection (d)(9) of this section.(d) Definitions. The following words and terms, when used in this section, shall have the following meaning, unless the context clearly indicates otherwise.(1) Claim is a demand for damages by the contractor based upon the TDCJ's alleged breach of the contract.(2) Contract is a written contract between the TDCJ and a contractor by the terms of which the contractor agrees either:(A) to provide goods or services, by sale or lease, to or for the TDCJ; or(B) to perform a project as defined by Texas Government Code §2166.001.(3) Contractor is an independent contractor who has entered into a contract directly with the TDCJ. The term does not include:(A) the contractor's subcontractor, officer, employee, agent, or other person who furnishes goods or services to a contractor;(B) an employee of a unit of state government; or(C) a student at an institution of higher education.(4) Counterclaim is a demand by the TDCJ arising out of the contract.(5) Day is a calendar day. If an act is required to occur on a date that falls on a Saturday, Sunday, or holiday, the first working day that follows shall be counted as the required day for purpose of that act.(6) Event is an act or omission or a series of acts or omissions giving rise to a claim. The following list contains illustrative examples of events, subject to the specific terms of the contract.(A) Examples of events in the context of a contract for goods or services:(i) the failure of the TDCJ to timely pay for goods and services;(ii) the failure of the TDCJ to pay the balance due and owing on the contract price, including orders for additional work, after deducting any amount owed the TDCJ for work not performed under the contract or in substantial compliance with the contract terms;(iii) the suspension, cancellation, or termination of the contract;(iv) the final rejection of the goods or services tendered by the contractor, in whole or in part;(v) the repudiation of the entire contract prior to or at the outset of performance by the contractor; or(vi) the withholding liquidated damages from final payment to the contractor.(B) Examples of events in the context of a project:(i) the failure to timely pay the unpaid balance of the contract price following final acceptance of the project;(ii) the failure to make timely progress payments required by the contract;(iii) the failure to pay the balance due and owing on the contract price, including orders for additional work, after deducting work not performed under the contract;(iv) the failure to grant time extensions to which the contractor is entitled under the terms of the contract;(v) the failure to compensate the contractor for occurrences for which the contract provides a remedy;(vi) the suspension, cancellation, or termination of the contract;(vii) the rejection by the TDCJ, in whole or in part, of the "work," as defined by the contract, tendered by the contractor;(viii) the repudiation of the entire contract prior to or at the outset of performance by the contractor;(ix) the withholding liquidated damages from final payment to the contractor; or(x) the refusal, in whole or in part, of a written request made by the contractor in strict accordance with the contract to adjust the contract price, the contract time or the scope of work.(7) Executive Director is the chief administrative officer responsible for the day-to-day operations of the TDCJ.(8) Parties means the TDCJ and the contractor who have entered into a contract in connection with which a breach of contract claim has been filed under this section.(9) Project as defined in Texas Government Code §2166.001, is a building construction project that is financed wholly or partly by a specific appropriation, bond issue, or federal money, including the construction of:(A) a building, structure, or appurtenant facility or utility, including the acquisition and installation of original equipment and original furnishing; and(B) an addition to, or alteration, modification, rehabilitation, or repair of an existing building, structure, or appurtenant facility or utility.(10) Services means the furnishing of skilled or unskilled labor or consulting or professional work, or a combination thereof, excluding the labor of an employee of a unit of state government.(e) Prerequisites to Suit. The procedures contained in this section are exclusive and required prerequisites to suit under Texas Civil Practice & Remedies Code Chapter 107 and Texas Government Code Chapter 2260.(f) Notice of Breach of Contract Claim.(1) A contractor, asserting a breach of contract claim under Texas Government Code Chapter 2260 shall file notice of the claim as provided by this subsection.(2) The notice of claim shall:(A) be in writing and signed by the contractor or the contractor's authorized representative;(B) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service, to the TDCJ Director of Contracts and Procurement, Two Financial Plaza, Suite 474, Huntsville, Texas 77340; and(C) state in detail:(i) the nature of the alleged breach of contract, including the date of the event the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(ii) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(iii) the legal theory of recovery, such as breach of contract, including the causal relationship between the alleged breach and the damages claimed.(3) In addition to the mandatory contents of the notice of claim as required by paragraph (2) of this subsection, the contractor may submit supporting documentation or other tangible evidence to facilitate the TDCJ's evaluation of the contractor's claim.(4) The notice of claim shall be delivered no later than 180 days after the date of the event that the contractor asserts as the basis of the claim.(g) Agency Counterclaim.(1) The TDCJ, asserting a counterclaim under Texas Government Code Chapter 2260, shall file notice of the counterclaim as provided by this subsection.(2) The notice of counterclaim shall:(A) be in writing;(B) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the contractor or representative of the contractor who signed the notice of breach of contract claim; and(C) state in detail:(i) the nature of the counterclaim;(ii) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(iii) the legal theory supporting the counterclaim.(3) In addition to the mandatory contents of the notice of counterclaim required by paragraph (2) of this subsection, the TDCJ may submit supporting documentation or other tangible evidence to facilitate the contractor's evaluation of the TDCJ's counterclaim.(4) The notice of counterclaim shall be delivered to the contractor no later than 60 days after the TDCJ's receipt of the contractor's notice of claim.(5) Nothing herein precludes the TDCJ from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.(h) Contract Disputes.(1) To every extent possible, a dispute with a contractor should be resolved during the course of the contract. However, after completion of a contract, or when required for orderly performance prior to completion, if a resolution of a contractor's dispute has not been reached by the appropriate TDCJ division, the contractor should file a Notice of Breach of Contract Claim with the director of Contracts and Procurement per the requirements in subsection (f) of this section.(2) The executive director shall name the members and chairman of a Contract Dispute Committee (the committee), which will serve at the executive director's request. It shall be the responsibility of the committee to gather information, study relevant facts and documentation, meet with contractors and, if requested, to resolve any disputes between a TDCJ division and the contractor, as set forth by the claim.(3) The committee shall secure detailed reports and recommendations from the appropriate TDCJ division and may confer with TDCJ personnel, other persons, and outside entities that it deems appropriate.(4) The committee shall then afford the contractor an opportunity for a meeting or hearing to discuss the claim and to provide the contractor an opportunity to present additional relevant information and respond to information the committee has received from the appropriate TDCJ division.(5) The committee chairman shall give written notice of the committee's proposed disposition of the claim to the contractor and the appropriate TDCJ division. If that disposition is acceptable, the contractor shall advise the committee chairman in writing within 20 days of the date such notice is received, and the committee chairman shall forward the agreed disposition to the executive director for a final and binding order on the claim. If the contractor or TDCJ division is dissatisfied with the proposal of the committee, either party may appeal to the executive director.(i) Appeal to the Executive Director.(1) An aggrieved contractor or TDCJ division may file a written appeal of the committee's decision to the executive director within 20 days of the receipt of the committee's decision. The contractor's appeal shall be submitted in writing and signed by the contractor or the contractor's authorized representative and delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the TDCJ Executive Director, P.O. Box 99, Huntsville, Texas 77342. The TDCJ division's appeal shall be in writing and signed by the appropriate division director. The executive director or designee may uphold, reverse, or modify the decision of the committee.(2) The executive director or designee shall give written notice of the disposition of the claim to the contractor and the appropriate TDCJ division. If that disposition is acceptable to the contractor, the contractor shall advise the executive director, in writing, within 20 days of the date such notice is received. The TDCJ division shall have no right to object to the disposition of the claim or dispute made by the executive director or designee.(j) Appeal to the TBCJ with Respect to Certain Contracts. A contractor who operates or manages a secure correctional facility of the TDCJ may appeal to the TBCJ for final determination, within 20 days of the executive director's decision, any imposed sanction under the contract. The appeal shall be submitted in writing and signed by the contractor or the contractor's authorized representative and delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the TBCJ, P.O. Box 13084, Austin, Texas 78711.(k) Request for Voluntary Disclosure of Additional Information.(1) Upon the filing of a claim or counterclaim, each party may request to review and copy information in the possession, custody, or control of the other party that pertains to the contract claimed to have been breached, including, without limitation:(A) accounting records;(B) correspondence between the TDCJ and outside consultants it used when preparing its bid solicitation or any part thereof or in administering the contract, and correspondence between the contractor and its subcontractors, material men, and vendors;(C) schedules;(D) the parties' internal memoranda; and(E) documents created by the contractor in preparing its offer to the TDCJ and documents created by the TDCJ in analyzing the offers it received in response to a solicitation.(2) This subsection applies to all information in the parties' possession regardless of the manner in which it is recorded, including, without limitation, paper and electronic media.(3) The contractor and the TDCJ may seek additional information directly from third-parties, including, without limitation, the TDCJ's third-party consultants and the contractor's subcontractors.(4) Nothing in this subsection requires any party to disclose any information or any matter that is privileged under Texas law.(5) Requests submitted pursuant to this subsection for material claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act. (l) Duty to Negotiate. The parties shall negotiate in accordance with the timetable set forth in subsection (m) of this section to resolve all claims and counterclaims. No party is obligated to settle with the other party as a result of the negotiation.(m) Negotiation Timetable.(1) Following receipt of a contractor's notice of claim, the committee shall review the contractor's claim(s) and the TDCJ's counterclaim(s), if any, and shall initiate negotiations with the contractor to resolve the claim(s) and counterclaim(s).(2) The parties shall begin negotiations within a reasonable period of time, not to exceed 120 days following the date the TDCJ receives the contractor's notice of claim.(3) The parties may conduct negotiations according to an agreed schedule provided negotiations begin no later than the deadline set forth in paragraph (2) of this subsection.(4) Subject to paragraph (5) of this subsection, the parties shall complete the negotiations required by this subsection as a prerequisite to a contractor's request for contested case hearing no later than 270 days after the TDCJ receives the contractor's notice of claim.(5) The parties may agree in writing to extend the time for negotiations on or before the 270th day after the TDCJ receives the contractor's notice of claim. The agreement shall be signed by representatives of the parties with authority to bind each respective party and shall provide for the extension of the statutory negotiation period until a certain date. The parties may enter into a series of written extension agreements that comply with the requirements of this section.(6) The contractor may request, in writing, a contested case hearing before the State Office of Administrative Hearings (SOAH) pursuant to subsection (q) of this section after the 270th day after the TDCJ receives the contractor's notice of claim or the expiration of any extension agreed to under paragraph (5) of this subsection.(7) The parties may agree to mediate the dispute at any time before the 120th day after the TDCJ receives the contractor's notice of claim or before the expiration of any extension agreed to by the parties pursuant to paragraph (5) of this subsection. The mediation shall be governed by subsections (r), (s), (t), (u), (v), and (w) of this section.(8) Nothing in this subsection is intended to prevent the parties from agreeing to commence negotiations earlier than the deadlines established in paragraph (2) of this subsection, or from continuing or resuming negotiations after the contractor requests a contested case hearing before the SOAH.(n) Conduct of Negotiation.(1) A negotiation under this subchapter may be conducted by any method, technique, or procedure authorized under the contract or agreed upon by the parties, including, without limitation, negotiation in person, by telephone, by correspondence, by video conference, or by any other method which permits the parties to identify respective positions, discuss respective differences, confer with respective advisers, exchange offers of settlement, and settle.(2) The parties may conduct negotiations with the assistance of one or more neutral third-parties. If the parties choose to mediate the dispute, the mediation shall be conducted in accordance with subsections (r), (s), (t), (u), (v), and (w) of this section. Parties may choose an assisted negotiation process other than mediation, including, without limitation, processes such as those described in subsections (x), (y), and (z) of this section.(3) To facilitate the meaningful evaluation and negotiation of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support the respective claims, defenses, counterclaims, or positions.(4) Material submitted pursuant to this subsection and claimed to be confidential by the contractor shall be handled pursuant to the requirements of the Public Information Act. (o) Settlement Agreement.(1) A settlement agreement may resolve an entire claim or any designated and severable portion of a claim.(2) To be enforceable, a settlement agreement shall be in writing and signed by representatives of the contractor and the TDCJ who have authority to bind each respective party.(3) A partial settlement does not waive a party's rights under Texas Government Code Chapter 2260 as to the parts of the claims or counterclaims that are not resolved.(p) Costs of Negotiation. Unless the parties agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with a negotiation, including, without limitation, attorney fees, consultant fees, and expert fees.(q) Request for Contested Case Hearing.(1) If a breach of contract claim is not resolved in its entirety through negotiation, mediation, or other assisted negotiation process in accordance with this section on or before the 270th day after the TDCJ receives the notice of claim, or after the expiration of any extension agreed to by the parties pursuant to subsection (m)(5) of this section, the contractor may file a request with the TDCJ for a contested case hearing before the SOAH.(2) A request for a contested case hearing shall state the legal and factual basis for the claim and shall be delivered to the executive director or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to pursuant to subsection (m)(5) of this section.(3) The TDCJ shall forward the contractor's request for contested case hearing to the SOAH within a reasonable period of time, not to exceed 30 days, after receipt of the request.(4) The parties may agree to submit the case to the SOAH before the 270th day after the notice of claim is received by the TDCJ if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.(r) Mediation Timetable.(1) The contractor and the TDCJ may agree to mediate the dispute at any time before the 120th day after the TDCJ receives a notice of a breach of contract claim, or before the expiration of any extension agreed to by the parties in writing.(2) A contractor and the TDCJ may mediate the dispute even after the case has been referred to the SOAH for a contested case. The SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation.(s) Conduct of Mediation.(1) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code Chapter 2009. For purposes of this subchapter, "mediation" is assigned the meaning set forth in Texas Civil Practice and Remedies Code §154.023.(2) Parties may agree to use mediation as an option to resolve a breach of contract claim at the time the parties enter into the contract and include a contractual provision to do so. The parties may mediate a breach of contract claim even absent a contractual provision to do so if both parties agree.(3) In selecting a mediator, the parties should use the qualifications set forth in subsection (t) of this section. The mediator shall be acceptable to both parties.(t) Qualification and Immunity of the Mediator.(1) The mediator shall possess the qualifications required under Texas Civil Practice and Remedies Code §154.052, be subject to the standards and duties prescribed by Texas Civil Practice and Remedies Code §154.053 and have the qualified immunity prescribed by Texas Civil Practice and Remedies Code §154.055, if applicable.(2) The parties should decide whether, and to what extent, knowledge of the subject matter and experience in mediation would be advisable for the mediator.(3) The parties should obtain from the prospective mediator the ethical standards that shall govern the mediation.(u) Confidentiality of Mediation and Final Mediated Settlement Agreement.(1) A mediation conducted under this section is confidential in accordance with Texas Government Code §2009.054.(2) The confidentiality of a final settlement agreement to which the TDCJ is a signatory that is reached as a result of the mediation is governed by Texas Government Code Chapter 552.(v) Costs of Mediation. Unless the contractor and the TDCJ agree otherwise in writing, each party shall be responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney fees, consultant fees or expert fees. The costs of the mediation process itself shall be divided equally between the parties.(w) Mediated Settlement Agreement. Any settlement agreement reached during the mediation shall be signed by the representatives of the contractor and the TDCJ and describe any procedures required to be followed by the parties in connection with final approval of the agreement.(x) Final Settlement Agreement.(1) A final settlement agreement reached through mediation that resolves an entire claim or any designated and severable portion of a claim, shall be in writing and signed by representatives of the contractor and the TDCJ who have authority to bind each respective party.(2) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement shall identify the issues that are not resolved.(3) A partial settlement does not waive a party's rights under Texas Government Code Chapter 2260 as to the parts of the claim that are not resolved.(y) Assisted Negotiation Processes. Parties to a contract dispute under Texas Government Code Chapter 2260 may agree, either contractually or when a dispute arises, to use assisted negotiation processes (alternative dispute resolution) in addition to negotiation and mediation to resolve the dispute.(z) Factors Supporting the Use of Assisted Negotiation Processes. The following factors may help the parties decide whether one or more assisted negotiation processes could help resolve the dispute:(1) the parties recognize the benefits of an agreed resolution of the dispute;(2) the expense of proceeding to contested case hearing at the SOAH is substantial and might outweigh any potential recovery;(3) the parties want an expedited resolution;(4) the ultimate outcome is uncertain;(5) there exists factual or technical complexity or uncertainty that would benefit from the expertise of a third-party expert for technical assistance or fact-finding;(6) the parties are having substantial difficulty communicating effectively;(7) a mediator third-party could facilitate the parties' realistic evaluation of the respective cases;(8) there is an on-going relationship that exists between the parties;(9) the parties want to retain control over the outcome;(10) there is a need to develop creative alternatives to resolve the dispute;(11) there is a need for flexibility in shaping relief;(12) a party has an unrealistic view of the merits of its case; or(13) the parties, or aggrieved persons, need to hear an evaluation of the case from someone other than their lawyers.(aa) Use of Assisted Negotiation Processes. Any of the following methods, or a combination of these methods, or any assisted negotiation process agreed to by the parties, may be used in seeking resolution of disputes or other controversy arising under Texas Government Code Chapter 2260. If the parties agree to use an assisted negotiation procedure, the parties should agree in writing to a detailed description of the process prior to engaging in the process.(1) Mediation.(2) Early evaluation by a neutral third-party.(A) This is a confidential conference wherein the parties and counsel present the factual and legal bases of their claims and receive a non-binding assessment by an experienced neutral third-party with subject-matter expertise or with significant experience in the substantive area of law involved in the dispute.(B) After summary presentation, the neutral third-party identifies areas of agreement for possible stipulations, assesses the strengths and weaknesses of each party's position, and estimates, if possible, the likelihood of liability and the dollar range of damages that appear reasonable to the neutral third-party.(C) This less complicated procedure may be appropriate only for some issues in dispute where there are clear-cut differences over the appropriate amount of damages. This process may be particularly helpful when:(i) the parties agree that the dispute can be settled;(ii) the dispute involves specific legal issues;(iii) the parties disagree on the amount of damages;(iv) the opposition has an unrealistic view of the dispute; or(v) the neutral third-party is a recognized expert in the subject area or area of law involved.(3) Neutral fact-finding by an expert.(A) In this process, a neutral third-party expert studies a particular issue and reports findings on that issue. The process usually occurs after most discovery concerning the dispute has been completed and the significance of particular technical or scientific issues is apparent.(B) The parties may agree in writing that the fact-finding shall be binding in later proceedings, and entered into as a stipulation in the dispute if the matter proceeds to contested case hearing, or that it shall be advisory in nature, to be used only in further settlement discussions between representatives of the parties. This process may be particularly helpful when:(i) factual issues requiring expert testimony may be dispositive of liability or damage issues;(ii) the use of a neutral third-party is cost effective; or(iii) the neutral third-party's findings could narrow factual issues for contested case hearing.(4) Mini-trial.(A) A mini-trial is a summary proceeding before a representative of upper management from each party who has authority to settle and a neutral third-party selected by agreement of the parties. A mini-trial is usually divided into a limited information-exchange phase, the hearing, and post-hearing settlement discussions. No written or oral statement made in the proceeding may be used as evidence or an admission in any other proceeding.(B) The information-exchange stage should be brief, but it shall be sufficient for each party to understand and appreciate the key issues. At a minimum, the parties should exchange key exhibits, introductory statements, and a summary of witnesses' testimony.(C) At the hearing, representatives of the parties present a summary of the anticipated evidence and any legal issues that shall be decided before the case can be resolved. The neutral third-party presides over the presentation and may question witnesses and counsel, as well as comment on the arguments and evidence. Each party may agree to put on abbreviated direct and cross-examination testimony. The hearing generally takes no longer than one to two days.(D) Settlement discussions, facilitated by the neutral third-party, take place after the hearing. The parties may ask the neutral third-party to formally evaluate the evidence and arguments and provide an advisory opinion as to the issues in the case. If the parties cannot reach an agreed resolution to the dispute, either side may declare the mini-trial terminated and proceed to a resolution of the dispute by other means.(E) Mini-trials may be appropriate when:(i) the dispute is at a stage where substantial costs can be saved by a resolution based on limited information gathered;(ii) the matter justifies the senior executive's time required to complete the process;(iii) the issues include highly technical mixed questions of law and fact;(iv) the matter involves trade secrets or other confidential or proprietary information; or(v) the parties seek to narrow the large number of issues in dispute.(bb) Approval. Any settlement reached pursuant to this section may require the approval of the TBCJ, the attorney general of Texas, the governor of Texas, or the Texas Legislature, as required by TBCJ policy, statutes, and rules of the state of Texas, and the General Appropriations Act. (cc) Intent. It is the intent of the TDCJ to comply with the provisions of Texas Government Code Chapter 2260. To the extent that any term or provision of this section is in conflict with Chapter 2260, the terms and provisions of Chapter 2260 shall prevail.(dd) Disclaimer. The TDCJ and the TBCJ do not waive sovereign immunity from suit or liability due to the establishment of this section. The TDCJ and the TBCJ consider the procedure described in Chapter 2260 and this section to be the exclusive means of resolving breach of contract claims against the TDCJ.</content><note type="source"><p>Source Note: The provisions of this §155.31 adopted to be effective June 11, 2000, 25 TexReg 5378; amended to be effective December 9, 2001, 26 TexReg 9914; amended to be effective October 7, 2007, 32 TexReg 6785; amended to be effective May 10, 2012, 37 TexReg 3420.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p6/c155/scD"><num value="D">SUBCHAPTER D</num><heading>VENDOR PROTEST PROCEDURES</heading><section identifier="/us/state/tx/tac/t37/p6/c155/scD/s155.41"><num value="155.41">§155.41</num><heading>Procedures for Resolving Vendor Protests</heading><content>(a) Purpose. The purpose of this rule is to provide a protest procedure to be used by an actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the Texas Department of Criminal Justice (TDCJ).(b) Definitions. The words and terms used in this rule shall have the following meanings unless the context clearly indicates otherwise:(1) "Interested Parties" are all vendors who have submitted bids, proposals, or other expressions of interest for the provision of goods or services pursuant to a contract with the TDCJ.(2) "Protesting Party" is any actual or prospective bidder, offeror, or contractor who claims to be aggrieved in connection with the solicitation, evaluation, or award of a contract by the TDCJ.(c) Formal Protest. Any actual or prospective bidder, offeror, or contractor who is aggrieved in connection with the solicitation, evaluation, or award of a contract by the TDCJ may formally protest to the director of the Contracts and Procurement Department (director).(1) A formal protest must be made in writing and received by the director within 10 business days after the protesting party knows, or should have known, of the occurrence of the action that is protested. A formal protest shall conform to the requirements of subsections (c) - (e) of this rule, and the protest and any subsequent appeal shall be resolved through use of the procedures that are described in subsections (f) - (h) of this rule.(2) The protesting party must mail or deliver a copy of the formal protest to all other interested parties. Upon request, the TDCJ shall furnish to the protesting party a list of interested parties, as reflected in the records of the TDCJ's Contracts and Procurement Department.(d) Formal Protest Requirements. A formal protest submitted by a protesting party must be sworn to and contain the following:(1) A specific identification of the statutory, regulatory, or other provision(s) the protesting party alleges has been violated;(2) A specific description of each action by the TDCJ the protesting party alleges to be a violation of the statutory or regulatory provision(s) the protesting party has identified pursuant to paragraph (1) of this subsection;(3) A precise statement of the relevant facts;(4) Identification of the issue or issues to be resolved;(5) The arguments and authorities that support the protest;(6) A statement that a copy of the protest has been mailed or delivered to all other interested parties; and(7) A copy of the letter the protesting party has sent to all other interested parties and the names and addresses of the specific persons to whom the letters were sent.(e) Timeliness of Formal Protest.(1) In the event of a timely formal protest under this rule, the TDCJ shall not proceed further with the solicitation or award of the contract being protested unless the chief financial officer (CFO), after consultation with the director, makes a written determination that to protect the best interests of the TDCJ, the contract must be awarded without delay.(2) A protest or an appeal that is filed untimely shall not be considered unless the CFO determines that good cause for delay is shown or that a protest or an appeal raises issues that are significant to TDCJ procurement practices or procedures in general.(f) Director's Authority to Settle the Protest.(1) If a conflict of interest exists with the director or the CFO, the duties of the director or the CFO shall transfer to the deputy executive director.(2) The director shall have the authority to settle and resolve the protest concerning the solicitation, evaluation, or award of a contract. The director may solicit written responses to the protest from other interested parties.(3) If the protest is not resolved through mutual agreement, the director shall issue a written determination responding to the protest.(A) If the director determines no material violation of statutory or regulatory provisions has occurred, the director shall notify the protesting party and all other interested parties by sending a letter explaining the reasons for the determination.(B) If the director determines a material violation of statutory or regulatory provisions has occurred in a situation in which a contract has not yet been awarded, the director shall notify the protesting party and all other interested parties by sending a letter explaining the reasons for the determination and the appropriate remedy.(C) If the director determines a material violation of any statutory or regulatory provisions has occurred in a situation in which a contract has already been awarded, the director shall notify the protesting party and all other interested parties by sending a letter that explains the reasons for the determination. This letter may include an order declaring the existing contract void.(g) Appeal. A protesting party who is not satisfied with the director's determination of a protest may appeal the determination to the CFO.(1) An appeal of the director's determination must be in writing and received in the CFO's office no later than 10 business days after the date on which the director sent written notice of the determination. The scope of the protesting party's appeal shall be limited to a review of the director's determination.(2) The protesting party must mail or deliver a copy of the appeal to all other interested parties.(3) The appeal must contain the following:(A) A statement that a copy of the appeal has been mailed or delivered to all other interested parties; and(B) A copy of the letter the protesting party has sent to all other interested parties and the names and addresses of the specific persons to whom the letters were sent.(h) CFO's Determination of the Appeal.(1) The CFO may consider any documents TDCJ staff or any interested party has submitted.(2) The CFO's determination of the appeal shall be final. The CFO shall issue a written letter of determination to the protesting party and all other interested parties.(3) A written determination issued by the CFO shall be the final administrative action of the TDCJ concerning a formal protest.(i) The Contracts and Procurement Department shall maintain all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the TDCJ Records Retention Schedule.</content><note type="source"><p>Source Note: The provisions of this §155.41 adopted to be effective January 3, 2010, 34 TexReg 9474; amended to be effective July 14, 2016, 41 TexReg 5073.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c156"><num value="156">CHAPTER 156</num><heading>INVESTIGATIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c156/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c156/sc/s156.1"><num value="156.1">§156.1</num><heading>Investigations of Complaints of Abuse, Neglect, or Exploitation of an Elderly or Disabled Inmate</heading><content>The Texas Department of Criminal Justice (TDCJ) shall investigate all complaints of abuse, neglect, or exploitation of an elderly or disabled inmate received from the Texas Department of Family and Protective Services in accordance with BP-01.08, "Independent Ombudsman Policy Statement," ED-03.03, "Safe Prisons Program," and AD-16.20, "Reporting Incidents/Crimes to the Office of the Inspector General."</content><note type="source"><p>Source Note: The provisions of this §156.1 adopted to be effective March 6, 2011, 36 TexReg 1338; amended to be effective March 13, 2016, 41 TexReg 1712; amended to be effective May 19, 2024, 49 TexReg 3370.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c159"><num value="159">CHAPTER 159</num><heading>SPECIAL PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c159/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c159/sc/s159.1"><num value="159.1">§159.1</num><heading>Substance Abuse Felony Punishment Facilities Eligibility Criteria</heading><content>(a) Offenders with a United States Immigration and Customs Enforcement detainer are not eligible to participate. Offenders with a felony detainer are not eligible to participate unless the jurisdiction that placed the detainer agrees not to seek custody of the offender until after the program and continuum of care requirements have been completed. Exceptions may be made on a case-by-case basis. Offenders sentenced to a prison term and ordered to participate in a substance abuse felony punishment facility (SAFPF) program as a condition of community supervision shall be transferred to a SAFPF six to nine months prior to their projected release date on the sentence. (b) Offenders shall be physically and mentally capable of uninterrupted participation in a therapeutic community program. Offenders with special medical or behavioral health needs shall meet the eligibility criteria for a Special Needs SAFPF as defined in the Substance Use Treatment Operations Manual. (c) Offenders who have signs or symptoms of acute drug or alcohol withdrawal or who require detoxification are not eligible to participate until they have detoxified. (d) Pretrial detainees are eligible to participate if ordered to do so pursuant to a drug court program established under Texas Government Code §§123.001-123.009 or a similar program. To be eligible for a SAFPF program, the person must have been unsuccessfully discharged from an outpatient substance abuse treatment program and a residential substance abuse treatment facility, if available, as a condition of a pretrial order for the charges that are currently pending. (e) Offenders convicted of offenses for which sex offender registration is required are not eligible to participate. (f) Offenders under the age of 18 are not eligible to participate.</content><note type="source"><p>Source Note: The provisions of this §159.1 adopted to be effective February 11, 1994, 19 TexReg 634; amended to be effective October 24, 1999, 24 TexReg 9053; amended to be effective June 16, 2008, 33 TexReg 4683; amended to be effective July 7, 2010, 35 TexReg 5901; amended to be effective July 15, 2013, 38 TexReg 4512; amended to be effective September 14, 2017, 42 TexReg 4659; amended to be effective March 13, 2025, 50 TexReg 1825.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c159/sc/s159.9"><num value="159.9">§159.9</num><heading>Firearms Proficiency Training for Supervision Officers</heading><content>(a) The Texas Department of Criminal Justice (TDCJ) adopts a memorandum of understanding (MOU) with the Texas Commission on Law Enforcement (TCOLE). The MOU establishes the responsibilities between the two agencies in developing a basic training program in the use of firearms by community supervision officers and parole officers. Section 163.34 of this title (relating to the Carrying of Weapons) governs the use of firearms for community supervision officers.(b) The MOU is required by Texas Occupations Code §1701.257. Attached Graphic(c) A copy of the MOU is filed with the TDCJ Parole Division, 8610 Shoal Creek, Austin, Texas 78758.</content><note type="source"><p>Source Note: The provisions of this §159.9 adopted to be effective April 26, 1998, 23 TexReg 4060; amended to be effective December 23, 2008, 33 TexReg 10332; amended to be effective September 14, 2014, 39 TexReg 7179; amended to be effective January 3, 2019, 43 TexReg 8635.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c159/sc/s159.13"><num value="159.13">§159.13</num><heading>Educational Services to Released Offenders/Memorandum of Understanding</heading><content>(a) The Texas Department of Criminal Justice (TDCJ) adopts a memorandum of understanding with the Texas Education Agency (TEA) concerning the respective responsibilities of the TDCJ and the TEA in implementing a continuing educational program to increase the literacy of releasees. (b) The memorandum of understanding is required by the Texas Government Code §508.318. (c) Copies of the memorandum of understanding are filed with the TEA, 1701 North Congress Avenue, Austin, Texas 78701 and with the TDCJ Parole Division, 8610 Shoal Creek Blvd., Austin, Texas 78758 and may be reviewed during regular business hours. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §159.13 adopted to be effective April 11, 1999, 24 TexReg 2744; amended to be effective April 17, 2008, 33 TexReg 2961; amended to be effective March 4, 2012, 37 TexReg 1364.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c159/sc/s159.15"><num value="159.15">§159.15</num><heading>GO KIDS Initiative</heading><content>(a) The Texas Department of Criminal Justice (TDCJ) Giving Offenders' Kids Incentive and Direction to Succeed (GO KIDS) initiative identifies programs within the TDCJ and resources at local, state, and national levels to help the children of those persons under criminal justice supervision in Texas.(b) A directory identifying these programs and resources is available on the TDCJ website (www.TDCJ.texas.gov) in the "inmate information" section. In addition, direct links to selected GO KIDS collaborators are included.(c) A TDCJ GO KIDS coordinator is available to answer inquiries on the initiative. Inquiries should be addressed to the GO KIDS coordinator, TDCJ Rehabilitation Programs Division, P.O. Box 99, Huntsville, Texas 77342-0099.</content><note type="source"><p>Source Note: The provisions of this §159.15 adopted to be effective February 20, 2006, 31 TexReg 1051; amended to be effective July 7, 2010, 35 TexReg 5901; amended to be effective March 15, 2015, 40 TexReg 1095; amended to be effective November 11, 2018, 43 TexReg 7361; amended to be effective March 3, 2024, 49 TexReg 1101.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c159/sc/s159.19"><num value="159.19">§159.19</num><heading>Continuity of Care and Services Program for Offenders who are Elderly, Terminally Ill, Significantly Ill or with a Physical Disability or Having a Mental Illness</heading><content>(a) The Texas Department of Criminal Justice (TDCJ) adopts the following memorandum of understanding (MOU) with the Texas Health and Human Services Commission (HHSC) and the Texas Department of State Health Services (DSHS) concerning a continuity of care and services program for offenders who are elderly, terminally ill, significantly ill or with a physical disability or having a mental illness.Attached Graphic(b) This MOU is required by the Texas Health and Safety Code §§614.013 - 614.015.(c) Copies of the MOU are filed in the Texas Correctional Office on Offenders with Medical or Mental Impairments, 4616 W. Howard Lane, Suite 200, Austin, Texas 78728 and may be reviewed during regular business hours.</content><note type="source"><p>Source Note: The provisions of this §159.19 adopted to be effective April 19, 2007, 32 TexReg 2142; amended to be effective January 2, 2014, 38 TexReg 9604; amended to be effective January 3, 2019, 43 TexReg 8635.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c159/sc/s159.21"><num value="159.21">§159.21</num><heading>Continuity of Care and Service Program for Offenders who are Persons with Mental Impairments, Physical Disabilities, Terminal or Significant Illnesses, or who are Elderly</heading><content>(a) The Texas Department of Criminal Justice (TDCJ), through the Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI), adopts the following memorandum of understanding (MOU) with the Texas Commission on Law Enforcement (TCOLE), the Texas Commission on Jail Standards (TCJS), and the Texas Department of Public Safety of the State of Texas (DPS) concerning a continuity of care and service program for offenders who are persons with mental impairments, physical disabilities, terminal or significant illnesses, or who are elderly.Attached Graphic(b) The MOU is required by the Texas Health and Safety Code, §614.016.(c) Copies of the MOU are filed in the Texas Correctional Office on Offenders with Medical or Mental Impairments, 4616 W. Howard Lane, Suite 200, Austin, Texas 78728 and may be reviewed during regular business hours.</content><note type="source"><p>Source Note: The provisions of this §159.21 adopted to be effective April 19, 2007, 32 TexReg 2143; amended to be effective January 3, 2019, 43 TexReg 8635.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c161"><num value="161">CHAPTER 161</num><heading>COMMUNITY JUSTICE ASSISTANCE DIVISION ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c161/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c161/sc/s161.21"><num value="161.21">§161.21</num><heading>Role of the Judicial Advisory Council</heading><content>(a) Purpose. The Texas Board of Criminal Justice (TBCJ) acknowledges the judiciary's valuable and critical role in the growth, development, and implementation of community corrections policies and programs in Texas. In accordance with Texas Government Code §493.003(b), the Judicial Advisory Council (JAC) is intended to provide a structure for fulfilling that role.(b) The function of the JAC is to advise the TBCJ and the Texas Department of Criminal Justice (TDCJ) Community Justice Assistance Division (CJAD) director on matters of interest to the judiciary. To accomplish this purpose, the JAC shall:(1) act as an information exchange and provide expert advice to the TBCJ and the TDCJ CJAD director;(2) be given an opportunity to report to the TBCJ at each regularly scheduled meeting on matters of interest to the judiciary, including any item related to the operation of the community justice system determined by the JAC chairperson to require the TBCJ's consideration;(3) review requests for funding of community corrections programs and projects received by the TDCJ CJAD, and make recommendations to the TDCJ CJAD director on the funding of reviewed requests, subject to review, ratification, and final approval by the TBCJ, if such approval is required by TBCJ policy; and(4) review proposed changes to the TDCJ CJAD standards and make recommendations to the TDCJ CJAD director.(c) In addition to the duties set out in subsection (b) of this section, the JAC shall:(1) inform their constituencies regarding issues that affect the corrections system of Texas;(2) coordinate its activities with the community justice liaison member of the TBCJ, the TDCJ CJAD director, the community supervision and corrections departments (CSCDs), and any other entities identified by the TDCJ CJAD director or TDCJ executive director; and(3) provide a forum for the exchange of information with the network of CSCDs on matters involving community corrections programs.(d) The JAC chairperson may appoint committees of council members or advisory groups as appropriate to achieve the purposes of this section. The JAC chairperson shall consult with the TDCJ CJAD director regarding the scheduling of meetings of the JAC, JAC committees, or JAC advisory groups, to ensure arrangements can be made and sufficient funds exist to allow reimbursement of expenses for attendance, as authorized by law.</content><note type="source"><p>Source Note: The provisions of this §161.21 adopted to be effective February 12, 1991, 16 TexReg 472; amended to be effective January 2, 1992, 16 TexReg 7539; amended to be effective October 13, 1997, 22 TexReg 9895; amended to be effective April 24, 2002, 27 TexReg 3367; amended to be effective March 10, 2009, 34 TexReg 1715; amended to be effective January 1, 2017, 41 TexReg 10393; amended to be effective March 29, 2020, 45 TexReg 2024.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c163"><num value="163">CHAPTER 163</num><heading>COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c163/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.3"><num value="163.3">§163.3</num><heading>Objectives</heading><content>The objectives of the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) standards are to:(1) make community supervision and corrections available to every judicial district in Texas;(2) continue community supervision and corrections as a viable criminal justice sanction;(3) assist each community supervision and corrections department (CSCD) in providing protection to the community and rehabilitation services for the offender;(4) provide technical assistance in the establishment, improvement, and expansion of community-based programs;(5) coordinate information and services available from federal, state, and local resources;(6) establish minimum uniform community supervision and corrections administration standards;(7) establish a statewide statistical information service;(8) enhance the professional knowledge and skills of CSCD personnel by providing statewide and regional education and training, and by providing assistance for in-service training with the departments;(9) establish an ongoing assessment and evaluation of community supervision and community-based correctional methods and systems; and(10) establish regionally based programs serving two or more jurisdictions where such programs address similar offender profiles.</content><note type="source"><p>Source Note: The provisions of this §163.3 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective September 13, 2018, 43 TexReg 5809.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.5"><num value="163.5">§163.5</num><heading>Waiver to Standards</heading><content>A Community Supervision and Corrections Department (CSCD) or other state-aid recipient may request a waiver to a standard or standards from the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) director. The TDCJ CJAD director may grant a waiver upon receipt, examination, and approval of the waiver request. The request for waiver shall include a plan to comply with the standard or standards by a certain date and an explanation why the CSCD is not currently in compliance with the standard or standards. When a determination is made that the CSCD is not in compliance with a standard or standards, the CSCD director shall immediately submit a written request for a waiver of the standard or standards to the TDCJ CJAD director. If the waiver is approved by the TDCJ CJAD director, the waiver shall become part of the audit record for compliance with that standard or standards.</content><note type="source"><p>Source Note: The provisions of this §163.5 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2961; amended to be effective January 1, 2017, 41 TexReg 10393.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.21"><num value="163.21">§163.21</num><heading>Administration</heading><content>(a) Appointment and Responsibilities of a Community Supervision and Corrections Department (CSCD) Director. (1) When there is a vacancy in the position of CSCD director, the judge or judges as described by Texas Government Code §76.002 shall:(A) publicly advertise the position;(B) post a job description, the qualifications for the position, and the application requirements;(C) conduct a competitive hiring process and adhere to state and federal equal employment opportunity laws; and(D) review applicants who meet the posted qualifications and comply with the application requirements.(2) The judge or judges as described by Texas Government Code §76.002 shall appoint a CSCD director who shall meet, at a minimum, the eligibility requirements for community supervision officers (CSOs) established under Texas Government Code §76.005 and 37 Texas Administrative Code §163.33. (3) The CSCD director shall employ a sufficient number of officers and other employees to conduct presentence investigations, supervise and rehabilitate defendants placed on community supervision, enforce the conditions of community supervision, and staff community corrections facilities. A person employed under this subsection is an employee of the CSCD and not of the judges or judicial districts. (4) The Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) director shall be notified by the administrative judge of the appointment of a CSCD director. (5) The CSCD director shall perform or delegate the responsibility for performing the following duties:(A) overseeing the daily operations of the CSCD;(B) preparing, annually or biennially, a budget for the CSCD;(C) negotiating and entering into contracts on behalf of the CSCD;(D) establishing policies and procedures for all functions of the CSCD;(E) developing personnel policies and procedures, including disciplinary proceedings; and(F) establishing procedures and practices through which the CSCD will address an employment-related grievance.(b) Administrative Manual. The CSCD director shall develop, update, revise, and maintain an administrative manual that defines the CSCD's general purposes and functional objectives. The CSCD director shall ensure the administrative manual is available to all staff members and provide the TDCJ CJAD director with a copy of the CSCD's administrative manual for review upon request. The manual shall incorporate all of the written policies and procedures, which shall provide a detailed description of the procedures followed in performing the routine tasks of the CSCD. At a minimum, the policies and procedures in the manual shall include: (1) Medical.(A) medical and psychological records management;(B) contagious disease policy, including Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS); and(C) tuberculosis and other communicable diseases.(2) Supervision.(A) supervision description;(B) assessment and remediation of literacy skills for offenders;(C) arrest and firearms policy and procedures; and(D) presentence investigation and reporting policy and procedures.(3) Standards.(A) code of ethics;(B) intrastate and interstate compact policies and procedures;(C) Texas Risk Assessment System and case classification;(D) supervision of offenders and progressive sanctions model;(E) internal case file audit procedures; and(F) violation of community supervision order procedures.(c) Ethics. The CSCD director shall provide each CSCD employee with a copy of the Code of Ethics adopted by the TDCJ CJAD and a copy of the procedure developed by the CSCD director that shall be used to review and investigate an alleged ethics violation. All employees of the CSCD shall comply with the Code of Ethics developed by the TDCJ CJAD. (d) Internal Audits. Each CSCD shall have a designated procedure to monitor the skill levels and training needs of individual staff members and shall develop a plan to meet those needs. Internal audits of direct supervision cases shall be conducted to check for standards compliance, use of case classification, and supervision planning. (e) Records. The CSCD director shall ensure that program records and statistical data consistent with the requirements of the law and TDCJ CJAD standards are maintained and provided to TDCJ CJAD as required. (f) Budget. The CSCD director shall prepare and operate from a budget in a manner consistent with good accounting practices and approved by the judge(s) of their judicial district. The budget shall be submitted to the TDCJ CJAD director in a format as required and within the provisions as outlined in 37 Texas Administrative Code §163.43. (g) Multi-CSCD Districts. (1) Judicial districts composed of more than one county may request from the TDCJ CJAD director for authorization to establish more than one CSCD within the judicial district. The proposal submitted by the judge(s) shall explain how the creation of more than one CSCD will promote: (A) administrative convenience; (B) economy; or (C) improved community supervision and corrections services and other reasons, if any. (2) The proposal shall indicate the financial impact and the approval of the judges in the judicial district or districts hearing criminal cases affected by the change. (h) Complaint Notice. Each CSCD shall notify the public, offenders, and victims of crimes, that they can direct written complaints to the CSCD and TDCJ CJAD. The notification shall be in the form of a sign posted in a conspicuous public area in each CSCD office, or in the form of written brochures which are to be displayed in a conspicuous public area in each CSCD office. Signs and brochures shall be written in both English and Spanish, list the address of the CSCD director and TDCJ CJAD address, and inform persons that attempts should first be made to resolve complaints locally; unsatisfactory results may be reported to the TDCJ CJAD. (i) Compliance with Statutes and TDCJ CJAD Policy Statements. Each CSCD director shall ensure that all CSCD operations comply with all applicable local, state, and federal laws and the TDCJ CJAD policy statements and official manuals pertaining to the CSCDs. (j) Citizen Involvement and Volunteers. If volunteers are used, the CSCD director shall ensure that suitable orientation and supervision is provided in the functions they will be expected to perform. The CSCDs are encouraged to establish and maintain opportunities for effective volunteer participation in CSCD operations. If volunteers are used, the CSCD director shall:(1) ensure that written policy, procedure, and practice exists for guiding the selection and utilization of citizen involvement; and(2) require volunteers to acknowledge and comply with all CSCD rules governing the confidentiality of information.(k) Victim Services. The criminal justice system recognizes many stakeholders are affected by crime and wishes to acknowledge crime victims' interests and rights to be informed, heard, and protected by the system. With that goal in mind, standards are incorporated to facilitate the participation of crime victims within community supervision.(1) Training. The CSCD victim services coordinators shall obtain no less than eight documented hours of professional, skill-based training within the first biennium of appointment to the position of victim service coordinator. Documentation of training hours shall be maintained at the CSCD and available on request. Training shall be specific to community supervision and should include:(A) victims' rights;(B) victim sensitivity;(C) confidentiality issues; and(D) crime victim compensation.(2) Policy and Procedures. Each CSCD shall adopt written policies and procedures regarding victim notification of offenders placed on community supervision and offender information that may be released to victims. (A) Notifying the victim of the offender's crime, or if the victim has a guardian or is deceased, notifying the guardian of the victim or close relative of the deceased victim, when the offender is released and placed on community supervision. Notification shall include the information specified in Texas Government Code §76.016, which includes: (i) notice the offender is being placed on community supervision;(ii) the conditions of community supervision imposed by the court; and (iii) the date, time, and location of any hearing or proceeding at which the conditions of the offender's community supervision may be modified or the offender's placement on community supervision may be revoked or terminated.(B) Offender information that is public may be released to victims. Such information includes:(i) court ordered community supervision identifying the CSCD with jurisdiction;(ii) a written copy of the conditions of supervision;(iii) the name of the supervising officer;(iv) victim service coordinator contact information;(v) motion to revoke supervision being filed and the results of the motion;(vi) information regarding the transfer of an offender to another jurisdiction and contact information; and(vii) information that the offender has been placed in residential confinement and released from confinement unless such confinement is in a substance abuse treatment facility.(3) Other information that may be released includes information that the victim would have knowledge of, such as:(A) uncollected or unpaid restitution; and(B) sanctions for violating the terms and conditions of supervision.</content><note type="source"><p>Source Note: The provisions of this §163.21 adopted to be effective January 2, 1992, 16 TexReg 7539; amended to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective September 10, 2009, 34 TexReg 6122; amended to be effective March 5, 2017, 42 TexReg 766; amended to be effective March 13, 2025, 50 TexReg 1826.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.25"><num value="163.25">§163.25</num><heading>Strategic Plan</heading><content>(a) Strategic Plan. The Community Justice Assistance Division (CJAD) shall require as a condition of payment of state aid to a community supervision and corrections department (CSCD) under Texas Government Code §509.011 that a strategic plan be submitted for the CSCD. The CSCD shall submit a strategic plan as required by Texas Government Code §509.007. A CSCD may not submit a strategic plan under this rule unless the strategic plan is first approved by the judges described by Texas Government Code §76.002, who established the CSCD. The CSCD shall submit a revised strategic plan to the CJAD each even-numbered year, no later than March 1. A strategic plan may be amended at any time with the approval of the CJAD.(b) The strategic plan shall include:(1) a statement of goals, priorities, and commitment by the CSCD and the judges to achieve a targeted level of alternative sanctions;(2) a description of methods for measuring the success of programs provided by the CSCD or provided by an entity served by the CSCD;(3) a summary of the programs and services the CSCD provides or intends to provide, including a separate summary of any services the CSCD intends to provide in relation to a specialty court program; and any programs or other services the CSCD intends to provide to enhance public safety, reduce recidivism, strengthen the investigation and prosecution of criminal offenses, improve programs and services available to victims of crime, and increase the amount of restitution collected from persons supervised by the CSCD; and(4) an outline of the CSCD's projected programmatic and budgetary needs, based on the programs and services the CSCD both provides and intends to provide.</content><note type="source"><p>Source Note: The provisions of this §163.25 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective November 16, 2006, 31 TexReg 9331; amended to be effective July 8, 2012, 37 TexReg 4949; amended to be effective May 13, 2018, 43 TexReg 2798.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.31"><num value="163.31">§163.31</num><heading>Sanctions, Programs, and Services</heading><content>(a) Core Services.(1) Court Services. Each community supervision and corrections department (CSCD) shall:(A) conduct presentence and postsentence investigations as ordered by the court and in accordance with law;(B) report violations to the court;(C) provide testimony as custodian of the record;(D) conduct assessments and complete reports mandated by law;(E) make recommendations to the court regarding conditions of supervision; and(F) maintain case files.(2) Basic Supervision. Each CSCD shall:(A) enforce conditions of community supervision;(B) perform case intake;(C) conduct assessments, reassessments, and case planning, and implement strategies to address identified offender risks and needs with the resources available to jurisdictions;(D) provide contacts to offenders on direct community supervision per Texas Department of Criminal Justice (TDCJ) Community Justice Assistance Division (CJAD) standards;(E) maintain case files;(F) develop and monitor community service restitution programs;(G) as ordered by the court, assess and, when needed, provide access to education, substance abuse, and mental impairment services;(H) monitor employment and provide job and/or vocational services to employable offenders; and(I) provide access to assessment and treatment services for sex offenders and violent offenders and maintain appropriate levels of supervision for these offenders.(3) Administrative Services. Each CSCD shall provide adequate management and support service to the CSCD operation, commensurate with available resources, to include:(A) administrative support staff;(B) data processing support;(C) data control and evaluation support;(D) fiscal services support; and(E) training coordinators.(b) Progressive Sanctions. Each CSCD director should ensure the development and implementation of a progressive sanctions model that addresses the risks and needs of offenders as identified in the jurisdiction's strategic plan, subject to available resources and local policy.(c) Regional Planning. Regional programs and services shall address regional needs as identified in each jurisdiction's strategic plan and respond efficiently and economically to specific offender issues for each of the participating jurisdictions. Each CSCD director participating in regional programs and services shall work with other CSCD directors affected by those regional efforts in the planning, developing, and implementing of regional programs and services to address offender needs.(d) Community Service Restitution (CSR). Each CSCD director shall maintain written agreements with governmental and/or nonprofit entities to provide offenders opportunities to comply with court-ordered community service restitution according to Texas Code of Criminal Procedure article 42A.304.(e) Educational Skill Level. Using a standardized educational screening instrument, each CSCD director shall ensure that all persons placed on community supervision, who are unable to document attainment of a high school diploma or GED shall be screened to determine if the persons possess:(1) educational skills equal to or greater than the sixth grade level; or(2) the intellectual capacity or learning ability to achieve the sixth grade skills level. Programs that assist offenders in attaining the educational skill level of sixth grade and above shall be developed and/or made available to the courts for offender referral. Each CSCD director may maintain written agreements with school and volunteer organizations to provide tutoring to teach reading to functionally illiterate offenders.(f) Methods for Measuring the Success of Community Supervision and Corrections Program. For purposes of Texas Government Code §509.007(b)(2), the success of programs provided by a CSCD or an entity served by a CSCD is measured by assessing rates of program completion and recidivism.(1) Program completion is the completion of all required components of the program, and/or an offender's release from the program that is not related to any non-compliant behavior, an inappropriate placement, or death.(2) Recidivism is a subsequent arrest for a new, separate offense that is punishable by incarceration. This definition does not include arrests for motions to revoke community supervision and bond forfeitures.(g) Conflicts of Interest. Each CSCD director shall ensure the adoption of a written policy that prohibits possible conflicts of interest affecting the CSCD, its supervision officers, and employees.(h) Partnerships with Law Enforcement Agencies. Each CSCD shall cooperate with and provide assistance to municipal, county, and state law enforcement agencies or peace officers in situations relating to offender supervision, absconder apprehension, victim services, and other community-based criminal justice activities.(i) A CSCD may contract with another CSCD for services or facilities.(j) A judicial district may contract for programs and services with a CSCD established for another judicial district, in lieu of establishing its own CSCD, if such a contract promotes administrative convenience, economy, or improved services.(k) More than one CSCD may serve a judicial district that includes more than one county if providing more than one CSCD promotes administrative convenience, economy, or improved services.</content><note type="source"><p>Source Note: The provisions of this §163.31 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective February 12, 2008, 33 TexReg 1120; amended to be effective March 29, 2020, 45 TexReg 2024; amended to be effective January 5, 2025, 49 TexReg 10661.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.33"><num value="163.33">§163.33</num><heading>Community Supervision Staff</heading><content>(a) Purpose.(1) The purpose of this section is to establish 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) has certified a community supervision officer (CSO) or residential CSO in accordance with this section, 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.(4) This section 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" provide direct supervision to offenders on community supervision.(3) "Direct care staff" provide 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). (5) "Professional staff," in this section, 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 approved by the CSCD director, in writing, as professional training.(7) "Residential CSOs" provide direct supervision to offenders sentenced to community supervision within a residential facility managed by a CSCD.(c) Eligibility for Employment as a CSO or 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 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 be employed or volunteering as a peace officer or working as a reserve or volunteer peace officer;(3) be eligible to supervise offenders in accordance with Texas Criminal Justice Information Services (CJIS) Access Policy; and(4) become certified and attend professional training in accordance with this section.(d) Newly Hired CSO or Residential CSO 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 and shall not serve in a position of direct supervision over offenders until certification is achieved.(e) Exempt CSO and Residential CSO 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.(f) Recertification of Professional Staff Upon Re-employment. Professional staff subject to the certification provisions of this section who have left the employment of a Texas CSCD for more than one year are required to become recertified in accordance with this section. All professional staff 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.(g) Professional 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 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. (1) CSOs who supervise participants in a SAFPF program shall complete the CJAD approved training designed for officers who supervise SAFPF program participants in 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.(1) Newly 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 in ethics, discrimination, and sexual harassment;(B) 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 staff certification training offered by the CJAD; and(D) a defensive driving course. Direct care staff shall 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 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. Each CSCD director shall have a written policy that requires the maintenance of training records for all professional staff, direct care staff, and contract staff. The CSCD director or designee shall ensure that training records for staff identified in this section are maintained and available for CJAD auditors. Those records shall include the:(1) number of professional training hours completed and the dates of the training;(2) specific training programs attended with supporting documentation;(3) specific certifications obtained with supporting documentation;(4) number of completed professional training hours certified in writing by the CSCD director or designee as professional training; and(5) number of professional training hours carried over from one biennium to the next biennium in accordance with this section.</content><note type="source"><p>Source Note: The provisions of this §163.33 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2961; amended to be effective April 28, 2013, 38 TexReg 2512; amended to be effective July 11, 2019, 44 TexReg 3438; amended to be effective July 16, 2020, 45 TexReg 4778; amended to be effective July 16, 2025, 50 TexReg 4022.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.34"><num value="163.34">§163.34</num><heading>Carrying of Weapons</heading><content>(a) In accordance with Texas Government Code §76.0051, a community supervision officer (CSO) is authorized to carry a handgun 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); 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 while off-duty.(c) The carrying of a handgun by a CSO 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.(d) Prior to undergoing training to carry a handgun, a CSO shall meet the following qualifications:(1) Using TCOLE approved standards and the required forms, a psychologist or psychiatrist licensed in the state of Texas shall examine the CSO and determine if the CSO possesses the psychological and emotional health to carry a handgun in the performance of the CSO's duties; the determinations shall be reduced to writing.(2) The CSO shall sign an acknowledgement confirming:(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(B) The CSO will immediately inform their supervisor and the CSCD director of any arrest, charges, or conviction related to such crimes or conditions.(e) Each CSCD that elects to authorize any of its CSOs to carry a handgun in accordance with these requirements shall adopt written policies and procedures defining which of its CSOs have authority to carry a handgun and the limitations that apply to the carrying and use of a handgun. Each 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 training and qualification requirements;(2) The handling, use, and storage of a handgun;(3) The types of handguns authorized; and(4) The process for reporting and investigating incidents related to the possession or use of a handgun by the CSOs.(f) Each CSCD that elects to authorize CSOs to carry less than lethal equipment, 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 and the limitations that apply to their carrying and use. The policies and procedures shall specify:(1) The equipment training, qualification, and certification requirements;(2) The handling, use, and storage of the equipment;(3) The types and relevant specifications that apply to the less than lethal equipment that is authorized; and(4) The process for reporting and investigating incidents related to the possession or use of less than lethal equipment.(g) Each CSCD that elects not to authorize CSOs to carry a handgun or less than lethal equipment 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.(1) The CSOs authorized by the CSCD to make application to the TCOLE for certification in firearms proficiency in accordance with the above provisions shall use TCOLE approved forms and provide copies to the CSCD.(2) Each CSCD shall:(A) conduct a comprehensive background check on all CSOs seeking firearms certification;(B) maintain records of background information obtained on all CSOs seeking firearms certification;(C) maintain records of annually required requalification on all CSOs obtaining firearms certification;(D) notify the TCOLE if a CSO's authority to carry a handgun is rescinded;(E) notify the TCOLE of the name, address, telephone, and fax numbers of the CSCD director of all CSOs authorized to carry a handgun; and(F) allow the TCOLE and other law enforcement agencies access to records pertaining to firearms for auditing and investigation purposes.(i) CSO Training and Qualification Requirements.(1) CSOs shall not be granted permission to carry a handgun in the performance of their duties unless that CSO has completed a firearms training program approved by the TCOLE and has been issued a certificate of firearms proficiency by the TCOLE as provided in subsection (a) of this section. The firearms training program shall be completed within six months after obtaining the TCOLE psychological release as required in paragraph (1) of subsection (d) of this section.(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 approved instructor on a yearly basis in addition to the required TCOLE certificate of firearms proficiency.(j) Ownership, Inspection, and Maintenance.(1) CSOs authorized to carry handguns shall provide their own handguns.(2) CSCDs shall appoint an individual within the department to be responsible for yearly inspection and maintenance programs for handguns used by CSOs.(k) Types of Handguns Authorized.(1) CSOs are authorized to carry the following handguns:(A) Double action revolvers; or(B) Semi-automatic pistols.(2) Barrel length of handguns 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 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 or less than lethal equipment 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 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.</content><note type="source"><p>Source Note: The provisions of this §163.34 adopted to be effective February 22, 1998, 23 TexReg 1314; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective May 2, 2011, 36 TexReg 2733; amended to be effective May 19, 2024, 49 TexReg 3371.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.35"><num value="163.35">§163.35</num><heading>Supervision</heading><content>(a) Definitions. The following words and terms, when used in this section, shall be defined as follows and apply to both felonies and misdemeanors, unless the context clearly indicates otherwise. (1) "Absconder" refers to a person who is known to have left the jurisdiction without authorization or who has not had face-to-face contact with their community supervision officer (CSO) within three months, and either:(A) has an active Motion to Revoke (MTR) or Motion to Adjudicate filed and an unserved capias for his or her arrest; or(B) has been arrested on an MTR or Motion to Adjudicate, released from custody on bond, own recognizance, or conditional judicial agreement, but failed to appear for the MTR or the Motion to Adjudicate hearing and a bond forfeiture warrant has been issued by the court.(2) "Case" refers to an offender assigned to a CSO for supervision. (3) "Face-to-face Contact" is an in-person communication between a CSO and offender. (4) "Field Visit" is an in-person communication between a CSO and offender at the offender's place of residence or at another location outside the CSCD office. (b) Types of Offender Supervision. Supervision may be direct or indirect according to the following guidelines. (1) Direct supervision begins at the time of initial face-to-face contact with an eligible CSO and consists of the oversight of an offender who:(A) is legally on community supervision; (B) as of the last day of the month, works or resides in the jurisdiction in which they are being supervised; and (C) meets one of the following:(i) except as provided by paragraph (2), receives a minimum of one face-to-face contact with a CSO every three months; or (ii) lives or works in adjoining jurisdictions if the community supervision and corrections department (CSCD) has documented approval from the adjoining jurisdictions. (2) For state funding purposes: (A) cases assessed as moderate, moderate-low, or low may substitute videoconferencing, teleconferencing, and kiosk-reporting in lieu of a face-to-face contact. Cases assessed as high will still be required to have a face-to-face contact once every three months; and(B) notwithstanding any other provision in this subsection, probationers housed in a Substance Abuse Felony Punishment Facility, state intermediate sanction facility, or jail facility may be considered as being under direct supervision while housed at these locations without a face-to-face contact by a CSO, provided collateral contacts are made per the CSCD's written policy to confirm probationers' status at these facilities.(3) Indirect Supervision refers to an offender who meets at least one of the following criteria: (A) an offender who neither resides nor works within the jurisdiction of the CSCD and who is supervised in another jurisdiction; (B) an offender who neither resides nor works within the jurisdiction but continues to submit written reports on a monthly basis because the offender is ineligible or unacceptable for supervision in another jurisdiction; (C) an offender who has absconded or who has not had face-to-face contact with the CSO within three months; (D) an offender who resides or works in the jurisdiction, but who, while in compliance with the orders of the court, does not meet the criteria for direct supervision; or (E) an offender who resides and works outside the jurisdiction but reports in person and who does not fall under paragraph (1) of this subsection. (c) System of Offender Supervision. Each CSCD director shall develop a system of offender supervision that is based upon: (1) the jurisdiction's profile of revoked offenders; (2) the jurisdiction's profile of offenders under direct community supervision; (3) each individual offender's identified risks and needs; (4) availability of sanctions, programs, services, and community resources; (5) applicable law and Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) policies and procedures; (6) policies governing a CSO transporting offenders which ensure that CSOs do not transport an offender held in a county jail pursuant to an arrest warrant. All other transportation of an offender shall be in accordance with the CSCD's policies or a court order; and(7) policies of the local judiciary.(d) Supervision Process. Each CSO shall provide direct supervision for cases to include the following: (1) an orientation and intake session with each offender after the court has placed the offender under supervision which shall include a thorough discussion of the conditions of community supervision and terms of release. The CSO shall ensure that the offender has received a copy of the conditions of community supervision or terms of release ordered by the court as provided by law; (2) an assessment that gathers relevant and valid information for every offender. This process shall specifically address the offender's criminogenic needs. The CSO shall request specialized assessments for offenders when criminogenic needs indicate such an assessment is necessary. Within 90 days of placement on community supervision, acceptance of a transfer case, or discharge from any residential facility, jail, or institution, the CSO, Qualified Credentialed Counselor (QCC), or assessor who has successfully completed the Texas Risk Assessment training shall determine a level of supervision for each offender based on the offender's criminogenic needs. (3) a written individualized case supervision or treatment plan provided within 90 days of the most recent community supervision placement. The plan should be based upon the offender's criminogenic needs to address specific problem areas and assist the offender in achieving responsible behavior; (4) re-evaluation of criminogenic needs, factors, and supervision plans performed at least once every 12 months for all direct supervision cases by the CSO, QCC, or assessor. An approved TDCJ CJAD reassessment shall be completed any time a significant change occurs in the status of the offender. Any necessary modification of the supervision plan shall be indicated in writing in the case file; (5) face-to-face, field visit, telephone, and collateral contacts with the offender, family, community resources, or other persons pursuant to and consistent with the offender's supervision plan and the level of supervision on which the offender is being supervised by the CSO. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction. An offender at an increased level of supervision because of assessments of greater risk or special needs shall receive a higher level of contacts than an offender at a lower level of supervision. The nature and extent of supervision contacts with an offender shall be specified in the CSCD's written policies and procedures; (6) maintenance of a problem oriented record keeping system by the CSO which documents all significant actions, decisions, services rendered, and periodic evaluations in the offender's case file, including the offender's status regarding the level of supervision, compliance with the conditions of community supervision, progress with the supervision plan, and responses to intervention; (7) adherence to written policies and procedures established by each CSCD director that identify when CSOs shall make recommendations to the courts regarding violations of the conditions of community supervision, and when violations may be handled administratively. The availability of incentives and progressive interventions and sanctions as alternatives to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction; and (8) adherence to standards established by the CSCD director to ensure public safety during intrastate transfers by recognizing the need of the sending and receiving jurisdictions to continue control and supervision over these offenders, which include the following provisions;(A) Except in cases of non-CSCD residential facility placements, supervision shall be transferred if a direct supervision offender will be in another jurisdiction for more than 30 days, except when the designated representatives of the two CSCDs agree there is good cause for the original jurisdiction to maintain supervision. Only the court retaining jurisdiction over an offender has the authority to modify or alter a condition of community supervision. Each CSCD director shall ensure that a CSO providing direct supervision to an offender transferred from another Texas jurisdiction fully enforces the order of the court that placed the offender on community supervision. It is the responsibility of the offender to comply with the conditions of community supervision imposed by the court. Each CSCD director shall ensure that a CSO provides the same level of supervision to transferred cases as they do for the offenders in their jurisdiction. The documents necessary for transfer include the transfer form, the court order placing the offender on community supervision citing all conditions of community supervision, the offense report, written individualized case supervision or treatment plan, state identification (SID) or personal identifier (PID) number within 90 days of transfer to the receiving jurisdiction, the pre- and postsentence investigation report as required, and any completed assessments. A CSCD director who declines or ceases to provide transferred supervision to an offender from another jurisdiction shall immediately notify the original jurisdiction in writing of the reasons for declining supervision. A CSCD that ceases to provide transferred supervision to an offender from another jurisdiction for violations other than absconding shall consult with the original jurisdiction before closing supervision. The CSCD shall then notify the original jurisdiction, in writing, of the reason for closing supervision. (B) The court retaining jurisdiction over an offender also may order the offender to report to the original jurisdiction or the jurisdiction where the offender resides or works.</content><note type="source"><p>Source Note: The provisions of this §163.35 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective October 7, 2007, 32 TexReg 6790; amended to be effective April 28, 2013, 38 TexReg 2512; amended to be effective September 14, 2014, 39 TexReg 7179; amended to be effective July 16, 2020, 45 TexReg 4779; amended to be effective March 13, 2025, 50 TexReg 1826.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.36"><num value="163.36">§163.36</num><heading>Supervision of Offenders with Mental Impairment</heading><content>(a) Offender with mental impairment means an offender with an illness, disease, or condition, other than epilepsy, dementia, substance abuse, or intellectual disability, that either substantially impairs a person's thoughts, perception of reality, emotional process, or judgment, or grossly impairs a person's behaviors as demonstrated by recent disturbed behavior.(b) Community supervision and corrections department directors shall develop and implement policies and procedures for the effective supervision of offenders with mental impairment. Policies and procedures shall address at least the following and any other requirements imposed by special grant conditions:(1) contact standards;(2) treatment referral process within and outside of jurisdiction;(3) coordination of services with treatment providers;(4) treatment participation requirements;(5) recommendations for modified conditions of supervision based on an offender's progress, risk factors, or ability to comply;(6) caseload size; and(7) violation procedures.(c) Community supervision officers shall coordinate services with agencies within and outside the criminal justice system to address the needs of the offender with mental impairment.(d) Departments closing or transferring out of county supervision of an offender with mental impairment shall complete a supervision summary within 14 days and forward the summary and all other pertinent treatment information to the criminal justice agency that assumes supervision of the offender.</content><note type="source"><p>Source Note: The provisions of this §163.36 adopted to be effective April 17, 2003, 28 TexReg 3066; amended to be effective February 12, 2008, 33 TexReg 1120; amended to be effective February 28, 2019, 44 TexReg 867; amended to be effective September 15, 2024, 49 TexReg 7053.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.37"><num value="163.37">§163.37</num><heading>Reports and Records</heading><content>(a) Case Records. Each community supervision and corrections department (CSCD) director shall develop and maintain a case record management system for offenders supervised by the CSCD. Each case record shall contain:(1) the court order placing the person on community supervision citing all conditions of community supervision;(2) a chronological listing of all supervision case activity, decisions, services rendered, and assessments;(3) a criminal history record or summary issued by a law enforcement agency;(4) periodic evaluations;(5) if required, a presentence report (PSR) or postsentence report; and(6) other documents or information related to the defendant deemed appropriate by the community supervision officer or CSCD director.(b) Case Record Confidentiality. Confidentiality of case records shall be maintained in accordance with federal and state laws. Confidential medical and psychological information shall be handled in accordance with 37 Texas Administrative Code §163.41. Information shall be released only under circumstances authorized by law or as directed by the court.(c) Presentence and Postsentence Reports (Reports). Unless waived by the defendant, a PSR shall be completed before the imposition of a sentence and in accordance with the Texas Code of Criminal Procedure, art. 42A, Subchapter F. If a PSR was not completed, a postsentence report may be prepared, if directed by the judge, in accordance with Texas Code of Criminal Procedure, art. 42A.259. The reports, and the information obtained in connection with the reports, are confidential and may be released only to those persons and under those circumstances as authorized by Texas Code of Criminal Procedure, art. 42A.256. Information contained in the reports may be disclosed to the Department of Family and Protective Services to the extent that such information discloses that a child's physical or mental health or welfare has been adversely affected by abuse or neglect. Copies of the completed reports shall be maintained in a defendant's case file and made available for periodic audits, reviews, or inspections by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) staff.(d) PSR Format. The TDCJ CJAD format shall be used for preparing PSRs. A different format may be used if the content requirements comply with Texas Code of Criminal Procedure, art. 42A.253 and the format is approved by both the TDCJ CJAD and the court having jurisdiction over the defendant.(e) Transfer to the TDCJ. Upon the revocation of community supervision or an adjudication of guilt, the CSCD shall forward to the county, for inclusion in the defendant's penitentiary packet, a copy of the defendant's community supervision conditions, and if prepared, a copy of the victim's impact statement, and a copy of the presentence or postsentence report. The CSCD also shall forward any additional information that was prepared for a revocation or other hearing and information updating the PSR.(f) Interstate Transfer. CSCD directors shall comply with the uniform interstate transfer procedures and obtain the approval of the TDCJ Interstate Compact Office for an interstate transfer of supervision in accordance with Texas Government Code, Chapter 510 and the Interstate Compact for Adult Offender Supervision Rules.(g) Intrastate Transfer. Each CSCD director shall comply with the uniform transfer procedures in accordance with 37 Texas Administrative Code §163.35(c)(8).</content><note type="source"><p>Source Note: The provisions of this §163.37 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective December 12, 1999, 24 TexReg 10893; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective March 15, 2015, 40 TexReg 1095; amended to be effective November 21, 2019, 44 TexReg 7058; amended to be effective January 5, 2025, 49 TexReg 10661.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.38"><num value="163.38">§163.38</num><heading>Sex Offender Supervision</heading><content>(a) Definitions.(1) Jurisdictional Authority is a sentencing court, the Board of Pardons and Paroles (BPP), or a division of the Texas Department of Criminal Justice as applicable to the offender.(2) Sex Crime is a reportable offense under Texas Code of Criminal Procedure Article 62.001(5) or an offense identified as a sexual offense by the Texas Penal Code laws of the United States, another state, another country, or the Uniform Code of Military Justice.(3) Sex Offender is an offender who:(A) is convicted of committing or adjudicated to have committed a sex crime;(B) is awarded deferred adjudication for a sex crime; or(C) has been ordered by the jurisdictional authority to participate in sex offender supervision or treatment.(b) A community supervision and corrections department (CSCD) supervising sex offenders shall ensure consistency in the manner in which sex offenders are supervised throughout the department. Policies and procedures shall be developed that, at a minimum, include the following:(1) contact standards as per 37 Texas Administrative Code §163.35(c)(5);(2) sex offender registration as per Texas Code of Criminal Procedure Chapter 62;(3) DNA collection as per Texas Code of Criminal Procedure Article 42A.301(b)(21);(4) violation procedures as per 37 Texas Administrative Code §163.35(c)(7);(5) victim notification as per Texas Government Code §76.016;(6) treatment referral process as per Texas Code of Criminal Procedure Article 42A.453(i);(7) treatment participation requirements;(8) team approach to supervision;(9) sharing of information and documentation with the appropriate agencies; and(10) specialized caseload size, if applicable.(c) Each CSCD shall develop policies and procedures that address the needs and safety of victims or potential victims. The policies may include collaborating with victims, victim advocates, or sexual assault task forces in the supervision and treatment of sex offenders.(d) Community supervision officers (CSOs) shall use a record keeping system to document all significant actions, decisions, services rendered, and periodic evaluations in each offender's case file, including the offender's level of supervision, compliance with the conditions of community supervision, progress with the supervision plan, and responses to intervention.(e) CSOs shall collaborate with collateral sources, including treatment providers, polygraph examiners, significant others, sex offender registration personnel, sex offenders' families, local law enforcement, schools, Child Protective Services, employers, chaperones, and victim service providers.(f) CSOs shall recommend that conditions be tailored to the sex offender's identified risk.(g) CSOs shall make face-to-face field visits and collateral contacts with the offender, family, community resources, or other persons consistent with a supervision plan and the level of supervision on which the offender is being supervised. Each CSCD director shall establish supervision contact and casework standards at a level appropriate for that jurisdiction, but in all cases, offenders at higher levels of supervision shall receive a higher level of contacts than offenders at lower levels of supervision. Supervision contacts shall be specified in the CSCD written policies and procedures.(h) Each CSCD director shall work with the local judiciary to specify written policies and procedures wherein CSOs may make recommendations to the courts regarding violations of conditions of community supervision, as well as when violations may be handled administratively. The continuum of sanctions or alternatives to incarceration shall be considered by the CSO and recommended to the court in eligible cases as determined appropriate by the jurisdiction.(i) CSOs shall timely transmit information regarding supervision and treatment upon transfer of supervision.(j) In addition to the above, a CSCD may operate specialized caseloads for sex offenders. In this event, the CSCD shall have a written policy that:(1) establishes minimum qualifications and training requirements for CSOs supervising sex offenders; and(2) specifies the number of staff required for the increased level of supervision essential for the specialized supervision of sex offenders. The caseload size shall not exceed 60 offenders per caseload.</content><note type="source"><p>Source Note: The provisions of this §163.38 adopted to be effective April 17, 2003, 28 TexReg 3066; amended to be effective April 17, 2008, 33 TexReg 2961; amended to be effective April 28, 2013, 38 TexReg 2513; amended to be effective September 13, 2018, 43 TexReg 5809.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.39"><num value="163.39">§163.39</num><heading>Residential Services</heading><content>(a) General Administration.(1) Purpose. Residential facilities and contract residential beds funded by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) shall provide the courts with a sentencing alternative for the purpose of:(A) Providing residential placement of offenders on community supervision and others who are eligible in accordance with statutes;(B) Providing sanctions, services, and programs to modify criminal behavior, deter criminal activity, protect the public, restore victims of crime, and provide offenders with resources to lead productive lives;(C) Strengthening and expanding the options available to judges to impose alternatives other than imprisonment for offenders; and(D) Reducing the offender's likelihood of a technical violation or subsequent arrest, and recidivism.(2) Feasibility Studies. A judicial district interested in establishing a residential community corrections facility (CCF) shall first conduct and prepare a feasibility study in accordance with the TDCJ CJAD Feasibility Study Guidelines-Community Corrections Facility. The product and results of such feasibility study shall be submitted to the TDCJ CJAD. After receipt by the TDCJ CJAD of the initial feasibility study related to a proposed CCF, the community supervision and corrections department (CSCD) may be required to provide supplemental information or additional materials for further review and consideration.(3) Notice of Construction or Operation of a CCF.(A) If a CSCD or private vendor operating under a contract with a CSCD or judicial district proposes to construct or operate a CCF within 1,000 feet of a residential area, a primary or secondary school, property designated as a public park or public recreation area by the state or a political subdivision of the state, or a church, synagogue, or other place of worship, the CSCD shall prominently post an outdoor sign at the proposed location of the facility. The sign shall be at least 24 by 36 inches in size written in lettering at least two inches in size. The sign shall state that a correctional or rehabilitation facility is intended to be located on the premises, and provide the name and business address of the CSCD. The municipality or county in which the CCF is to be located may require the sign to be both in English and a language other than English, if it is likely that a substantial number of the residents in the area speak a language other than English as their familiar language.(B) The CSCD shall provide notice of the proposed location of the facility to the commissioners court of the county or governing body of the municipality where the facility is intended to be located no later than 60 days before the CSCD begins construction or operation of the facility. The notice shall contain the following:(i) A statement of the entity's intent to construct or operate a correctional or rehabilitation facility in an area;(ii) A description of the proposed location of the facility; and(iii) A statement that Texas Local Government Code §§244.001 - .026 governs the procedure for notice of and consent to the facility.(4) Public Meetings. A CSCD or private vendor having a contract with a CSCD or judicial district shall not establish a CCF unless the CSCD has held a public meeting before the action is taken. In addition, a CSCD may not expend funds provided by the TDCJ CJAD to lease or purchase real property, construct buildings, or use a facility or real property acquired or improved with state funds for a CCF unless the CSCD has held a public meeting before the action is taken. The public meeting shall be held at a site as close as practicable to the location at which the proposed action is to be taken. The meeting shall not be held on a Saturday, Sunday, or legal holiday. The meeting shall begin after 6:00 p.m. More than 30 days before the date of the meeting, the department that the facility is to serve, or a vendor proposing to operate a facility, at a minimum shall:(A) Publish by advertisement a notice that is no less than three and one-half inches by five inches of the date, hour, place, and subject of the hearing as required in subsection (a)(4) of this rule in three consecutive issues of a newspaper of, or in newspapers that collectively have, general circulation in the county in which the proposed facility is to be located. The notice shall specifically state the address of the facility or property on which a proposed action is to be taken and provide a description of the proposed action.(B) Mail a copy of the notice to each police chief, sheriff, city council member, mayor, county commissioner, county judge, school board member, state representative, and state senator who serves or represents the area.(5) Maximum Resident Capacity and Facility Utilization. The maximum resident capacity of a CCF shall be defined as the total number of residents who can be housed at the facility at any given time as delineated by the operating agency in the most current community justice plan and approved by the TDCJ CJAD director. CCFs funded through TDCJ CJAD shall reach 90% capacity within the first six months of operation and maintain a minimum of 90% thereafter, using appropriate and eligible placements only. Any revisions to the maximum and minimum resident capacities for the CCF shall be subject to approval by the TDCJ CJAD through the community justice plan amendment process.(6) Contract Residential Services. Business entities, agencies, or persons contracting with CSCDs or judicial districts for residential services shall comply with all applicable competitive bidding and other laws and regulations. CSCDs or judicial districts contracting with business entities, agencies, or persons for residential services shall comply with any applicable competitive bidding and other laws and regulations. The CSCD director shall monitor, audit, and inspect the performance and compliance of the service provider and vendor with the terms and conditions of the contract with the CSCD and with applicable laws and regulations.(7) Mission Statement. The CSCD director and facility director shall prepare and maintain a mission statement that describes the general purposes and overall goals of the facility's programs.(b) Personnel.(1) Screening for Tuberculosis (TB) Infection. The CSCD director or facility director shall ensure that as soon as practicable but no later than seven calendar days of assuming any duties within a CCF, all staff undergo a screening for TB infection. Follow-up screening for TB infection shall be conducted on all staff, at a minimum, once every year from the anniversary date of the initial screening. The results of all screenings shall be maintained on file.(2) Required Personnel.(A) Each facility with an employment component shall have a designated employment coordinator whose duties and responsibilities include assisting residents in obtaining and maintaining employment. The employment coordinator shall be responsible for addressing other employment issues for residents such as résumé development, interviewing skills and techniques, and appropriate dress for job interviews.(B) Every facility shall have a designated staff member whose duties and responsibilities include facilitating or ensuring the required cognitive and other facility programs are accomplished.(3) Criminal Histories and Arrest Records. Prior to employment and on at least an annual or more frequent basis thereafter, criminal histories and arrest records shall be obtained from both the Texas Department of Public Safety (DPS) and National Crime Information Center on each of the CCF's employees, contract vendor staff, if applicable, and volunteers. This requirement shall apply to both vendor contracts and the CSCD operated CCFs. Upon verification that no new conviction(s) have occurred, an entry documenting such shall be made in the personnel file. The criminal history document and other arrest record documentation shall then be destroyed. Employees who have access to criminal histories must meet DPS criteria for accessing the Texas Law Enforcement Telecommunication System operated by the DPS or files containing a copy of an employee's or resident's criminal history.(4) Residential Officer Certification. Governed by §163.33(f) of this title.(5) Residential Personnel Training. Initial Training Requirements and Defensive Driving are governed by §163.33(j) of this title. Training Requirements for Monitoring Self-Administration of Medications are set forth in subsection (n)(10) of this rule.(c) Building, Safety, Sanitation, and Health Codes.(1) Compliance. The CSCD director and facility director shall ensure that the facility's construction, maintenance, and operations complies with all applicable state, federal, and local laws, building codes, and regulations related to safety, sanitation, and health. Records of compliance inspections, audits, or written reports by internal and external sources shall be kept on file for examination and review by the TDCJ CJAD and other governmental agencies and authorities from program inception forward. The CSCD director and facility director shall promptly notify the TDCJ CJAD in writing of any circumstances wherein the facility or its operations do not maintain such compliance.(2) Water Supply. The CSCD director or designee shall ensure that the facility's potable water source and supply is sanitary and approved by an independent, qualified agency or individual in compliance with the applicable governmental laws and regulations.(3) Sanitation. The facility shall conform to the applicable sanitation and health regulations and codes.(4) Waste. The liquid and solid wastes related to the facility shall be collected, stored, and disposed of in accordance with a plan approved by the regulatory authority, agency, or department.(5) Physical Plant. The facility's buildings, including the improvements, fixtures, electric and heating, and air conditioning, shall conform to all applicable building codes of federal, state, and local laws, ordinances, regulations, and minimum guidelines established by the TDCJ CJAD for physical plants and facilities housing residents.(6) Fires. The facility, its furnishings, fire protection equipment, and alarm system shall comply with the regulations of the fire authority having jurisdiction. Fire drills are to be conducted at least quarterly. There shall be a written evacuation plan to be used in the event of a fire. The plan is to be certified by an independent qualified governmental agency or department or individual trained in the application of national and state fire safety codes. Such plan shall be reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. The facility shall conduct fire inspections at least quarterly or at intervals approved by the fire authority having jurisdiction. Fire safety equipment located at the facility shall be tested as specified by the manufacturer or the fire authority, whichever is more frequent. An annual inspection of the facility shall be conducted by the fire authority having jurisdiction or other qualified person(s).(7) Emergency Plan. There shall be a written emergency plan for the facility and its operations, which includes an evacuation plan, to be used in the event of a major flood, storm, or other emergencies. This plan shall be reviewed annually and updated, if necessary. Evacuation drills shall be conducted at least three times yearly. Each shift at least yearly shall conduct an evacuation drill when the majority of residents are present. All facility personnel shall be trained in the implementation of the written emergency plan. The evacuation plan shall specify preferred evacuation routes, subsequent dispositions, temporary housing of residents, and provisions for access to medical care or hospital transportation for injured residents and staff. The facility's emergency plan shall be distributed to local authorities such as law enforcement, state police, and civil defense to keep them informed of their roles in the event of an emergency. The emergency plan shall include the following:(A) Location of buildings and room floor plans;(B) Use of exit signs and directional arrows that are easily seen and read; and(C) Location(s) of publicly posted plan.(d) Separate Offender Housing. The CSCD director and facility director shall ensure that a facility that is part of or attached to a detention facility or a correctional institution shall house CCF residents separately from the offenders incarcerated in the detention facility. At no time shall the CCF residents be co-mingled with these incarcerated offenders.(e) Program and Service Areas.(1) Space and Furnishings. The facility shall have space and furnishings to accommodate activities such as group meetings, private counseling, classroom activities, visitation, and recreation.(2) Housekeeping and Maintenance. The CSCD director and facility director shall ensure the facility is clean and in good repair, and housekeeping and maintenance plan is in effect.(3) Other Physical Environment and Facilities Issues. In each facility:(A) Space shall be provided for janitor closets which are equipped with cleaning implements;(B) There shall be storage areas in the facility for clothing, bedding, and cleaning supplies;(C) There shall be clean, usable bedding, linens, and towels for new residents with provision for exchange or laundering on at least a weekly basis;(D) On an emergency or indigent basis, the facility shall provide personal hygiene articles;(E) There shall be adequate control of vermin and pests;(F) There shall be timely trash and garbage removal; and(G) Sanitation and safety inspections of all internal and external areas and equipment shall be performed and documented on a routine basis to protect the health and safety of all residents, staff, and visitors.(f) Supervision.(1) Operations Manual. An operations manual shall be prepared for and used by each CCF which shall contain information and specify procedures and policies for resident census, contraband, supervision, physical plant inspection, and emergency procedures, including detailed implementation instructions. The operations manual shall be accessible to all employees and volunteers. The operations manual shall include, at a minimum, the matters set forth in the Guidelines for the Policies and Procedures of the TDCJ CJAD Funded Residential Facilities. The operations manual shall be submitted to the TDCJ CJAD director for review and approval. The manual shall be approved by the TDCJ CJAD director at least 60 days prior to the acceptance of any residents into the facility. The CSCD director and facility director shall ensure that the operations manual is reviewed at least every two years, and new or revised policies and procedures are made available, including all changes, to designated staff and volunteers prior to implementation. This manual shall be submitted to the TDCJ CJAD upon request or for auditing purposes.(2) Staffing Availability. The CSCD director and facility director shall ensure that the facility has the staff needed to provide coverage of designated security posts, surveillance of residents, and to perform ancillary functions. The facility shall have at least one staff member on duty that is the same gender as the resident population.(3) Activity Log. The CSCD director and facility director shall ensure that CCF staff maintain an activity log and prepare shift reports that record, at a minimum, emergency situations, unusual situations and incidents, and all absences of residents from a facility.(4) Use of Force. The CSCD director and facility director shall ensure that a CCF has written policies, procedures, and practices that restrict the use of physical force to instances of self-protection, protection of residents or others, or prevention of property damage. In no event shall the use of physical force against a resident be justifiable as punishment. A written report shall be prepared following all uses of force, and promptly submitted to the CSCD director and facility director for review and follow-up. The application of restraining devices, aerosol sprays, and chemical agents shall only be accomplished by an individual who is properly trained in the use of such devices and only in an emergency situation for self-protection, protection of others, or other circumstances as described previously.(5) Use of Firearms. The CSCD director and facility director shall ensure that the possession of firearms by staff is banned and the use of firearms is prohibited in or on facility property except in the execution of official duties by certified peace officers or other duly licensed law enforcement personnel.(6) Access to Facility. The facility shall be secured to prevent unrestricted access by the general public or others without proper authorization.(7) Control of Contraband and Searches. All facilities shall incorporate into the facility operations manual a list of authorized items offenders are allowed to possess while a resident of the facility. All incoming residents shall receive a copy of this list during the intake or orientation process, along with a written explanation of the provisions of Texas Penal Code §38.114, which states that any resident found to possess any item not provided by, or authorized by the facility director, or any item authorized or provided by the facility that has been altered to accommodate a use other than the originally intended use, may be charged with a Class C misdemeanor. Any employee or volunteer who provides contraband to a resident of a CCF may be charged with a Class B misdemeanor. There shall also be policies defining facility shakedowns, strip searches, and pat searches of residents to control contraband and provide for its disposal.(8) Levels of Security. The CSCD director and facility director shall ensure that appropriate levels of security are maintained for the population served by the facility at all times. These levels of security shall create, at a minimum, a monitored and structured environment in which a resident's interior and exterior movements and activities can be supervised by specific destination and time. At the discretion of the facility director or designee, residents may be granted exterior movements. Exterior movements include, but are not limited to, employment programs, community service restitution, support and treatment programs, and programmatic incentives. The following minimum requirements shall be met for all exterior movements:(A) The facility director or designee approves the exterior movement;(B) A staff member orally advises the resident of the conditions and limitations of the exterior movement;(C) The resident acknowledges in writing an understanding of the conditions and limitations of the exterior movement; and(D) Exterior movements involving programmatic incentives may only be granted if the following additional requirements are met:(i) The resident meets all established requirements for the programmatic incentive, as determined by the supervisor of the program, and submits a written request for the exterior movement;(ii) The requested absence will not exceed 72 hours unless there are unusual circumstances;(iii) The resident provides an itinerary for the absence including method of travel, departure and arrival times, and locations during the exterior movement;(iv) The facility director or designee approves the itinerary and establishes the conditions of the exterior movement involving programmatic incentives; and(v) A staff member shall make random announced or unannounced personal or telephone contacts with the resident to verify the location of the resident during the exterior movement.(9) Emergency Furloughs. At the discretion of the facility director or designee, a resident may be granted an emergency furlough for the purpose of allowing a resident to attend a funeral, visit a critically ill person, obtain medical treatment, or attend to other exceptional business. Emergency furloughs may only be granted if the following conditions are met:(A) The resident submits a written request for the emergency furlough;(B) The facility director or designee verifies through an independent source including, but not limited to a physician, Red Cross representative, minister, rabbi, priest, or other spiritual leader that the presence of the resident is appropriate;(C) The resident provides a proposed itinerary including method of travel, departure and arrival times, and locations during the emergency furlough;(D) The requested absence shall not exceed 72 hours unless there are unusual circumstances;(E) The court of original jurisdiction approves the travel if the resident will depart the state of Texas;(F) The facility director or designee approves the itinerary and establishes the conditions of the emergency furlough; and(G) The facility director or designee provides by email or fax the approved itinerary to the CSCD director and the court of the original or sending jurisdiction prior to the date that the emergency furlough is approved to begin.(10) Supervision Process. Governed by §163.5(c) of this title.(11) The CCF shall ensure that Spanish language assistance and the translation of selected documents are provided for Spanish-speaking residents who cannot speak or read English.(g) Resident Abuse, Neglect, and Exploitation. The facility shall protect the residents from abuse, neglect, and exploitation. In accordance with the Prison Rape Elimination Act, 28 C.F.R. §115.31, all CCFs shall establish a zero tolerance standard for the incidence of sexual abuse and sexual harassment. Each facility shall make prevention of offender sexual abuse and sexual harassment a top priority. The CCFs shall have policies and procedures in accordance with national standards published by the attorney general of the United States. These policies and procedures shall include, but not be limited to the following:(1) Detection, prevention, reduction, and punishment of offender sexual assault;(2) Standardized definitions to record accurate data regarding the incidence of offender sexual assault; and(3) A disciplinary process for facility staff who fail to take appropriate action to detect, prevent, and reduce sexual assaults, to punish residents guilty of sexual assault, and to protect the Eighth Amendment rights of all facility residents.(h) Rules and Discipline. There shall be documentation of program rule violations and the disciplinary process.(1) Rules of Conduct. All incoming residents and staff shall receive written rules of conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation.(2) Limitations of Corrective Actions. Specific limits on corrective actions and summary punishment shall be established and strictly adhered to in an effort to reduce the potential of staff participating in abusive behavior towards participants. Limits shall include:(A) No physical contact by staff shall be made on a resident;(B) No profane, sexual, or racial comments shall be directed at residents by staff;(C) Residents shall not be used to impose corrective actions on other residents;(D) The severity of the corrective action shall be commensurate with the severity of the infraction; and(E) The duration of corrective action shall be limited to the minimum time necessary to achieve effectiveness.(3) Grievance Procedure. A grievance procedure shall be available to all residents in a CCF. The grievance procedure shall include at least one level of appeal and shall be evaluated at least annually to determine its efficiency and effectiveness.(4) Spanish translations of the disciplinary rules and procedures shall be provided for Spanish-speaking residents who cannot speak or read English.(i) Incident Notification. Within 24 hours of occurrence, the CSCD director and facility director shall notify and report by telephone or fax all serious or unusual events pertaining to the facility's operations and staff to the district judge, or if applicable, the judge designated to perform administrative duties for the district courts trying criminal cases, the TDCJ Emergency Action Center (EAC) in Huntsville, Texas (phone number (936) 437-6600; fax number (936) 437-8996), and if applicable, the CSCD director of the original or sending jurisdiction if the incident involves a resident from that sending jurisdiction. The TDCJ EAC shall notify the TDCJ CJAD director and appropriate CJAD management staff. Such serious and unusual events for this purpose shall include, but are not limited to, the following:(1) The death of a resident or staff member while at the facility;(2) Any incident which results in life threatening or serious bodily injury to a resident or staff member while at the facility or on assignment, including emergency furloughs or programmatic incentives, away from the facility;(3) Major disturbance or riot at the facility or in its vicinity; and(4) Any incident involving serious misconduct by facility staff, which may result in the filing of criminal charges or civil action;(5) Any incidence of absconding by a resident convicted of an offense as identified in Title 5 of the Texas Penal Code (Title 5) and placed in the facility for such offense; and(6) Any incidence of absconding by a resident who is suspected of committing a felony offense during the course of absconding from the facility or within 24 hours after leaving the facility.(j) Residents' Rights. Residents shall be granted access to courts and any attorney licensed in the United States or a legal aid society (an organization providing legal services to residents or other persons) contacting the resident in order to provide legal services. Such contacts include, but are not limited to: confidential telephone communications, uncensored correspondence, and confidential visits.(k) Resident Eligibility. A CSCD or other governmental entity that operates a residential facility, contracts for the operation of a residential facility, or contracts for beds or services shall define a specific target population of medium to high risk/needs offenders to be served. Placement of offenders in a CCF shall only be by an order of the court, which may include a pretrial agreement signed by the judge presiding over an established drug court. Applicable screening shall be conducted to include screening for substance abuse, medical and mental health issues, and minimum eligibility criteria as outlined in this rule.(1) CCFs shall accept only those offenders who meet the target population criteria as defined by the facility and are physically and mentally capable of participating in any program offered at the facility, if participation in the program is required of all residents in the facility. Exceptions to this requirement:(A) Placement is prohibited by statute;(B) The offender matches the profile of offenders historically committed to county jail or prison from the jurisdiction; or the offender has high risk/needs, who, if supervised at a lower supervision level would have an increased likelihood of violating the conditions of community supervision;(C) The local jurisdiction may house offenders convicted under Title 5 and in accordance with statute, in the CCF if Title 5 offenders are included in the facility's program proposal within the community justice plan approved by the local judiciary. In currently operating facilities where the jurisdiction desires to add Title 5 offenders to the target population, a public meeting shall be held, in accordance with the law and TDCJ CJAD standards and policy, to advise the public of the types of offenders and offenses who will potentially be placed in the facility. Public support shall be considered by the TDCJ CJAD for final approval of the change in offender population to be targeted. If a jurisdiction has documentation that this requirement was previously met, it can provide that documentation to the TDCJ CJAD for review and possible exemption from having an additional public meeting. If a facility is approved to house Title 5 offenders, the CSCD director and the facility director shall comply with all applicable provisions contained in Texas Government Code §76.016, Victim Notification; Texas Code of Criminal Procedure art. 56.01 - .93, Rights of Crime Victims; and Texas Code of Criminal Procedure art. 42.21, Notice of Release of Family Violence Offenders; and(D) Prior to or within 30 days after admission to the facility, the offender shall undergo a screening process to include a substance abuse screening instrument to determine the offender's appropriateness for placement. The process shall be documented and maintained in the supervision case file. Should the offender not meet the facility defined eligibility criteria, the offender may be referred back to the court of original jurisdiction.(2) Courtesy Supervision. CCFs shall, on a space available basis, accept eligible adult offenders needing residential services on courtesy supervision from other jurisdictions. CSCDs that manage CCFs are responsible for the direct supervision of all residents in the CCF while in residential placement.(l) Denying Admission or Continued Placement. If an offender is placed into a CCF, and by statute or standard is an inappropriate placement, or does not meet eligibility criteria of the TDCJ CJAD approved facility, the CSCD or facility director shall notify, in writing, the court of original jurisdiction. If a CCF facility has reached capacity at the time of the eligible offender's placement to that facility, such offender may be placed on a waiting list for that facility and returned to the court of original jurisdiction for further instructions or an alternative sanction.(m) Food Service. The food preparation and dining area shall provide space for meal service based on the population size and need.(1) Dietary Allowances. Meals shall be approved and reviewed annually by a registered dietician, licensed nutritionist, registered nurse with a minimum of a Bachelor of Science degree in nursing, physician assistant, or physician to ensure that the meals meet the nationally recommended allowances for basic nutrition.(2) Special Diets. Each facility shall provide special diets as prescribed by appropriate medical or dental personnel.(3) Food Service Management. Food service operations shall be supervised by a staff member who is experienced in institutional food preparation or mass food management. Food services staff, including residents assigned to work in the facility kitchen, shall meet all requirements established by local health authorities.(4) Exclusion as Discipline. The use of food as a disciplinary measure is prohibited.(5) Meal Requirements. The CSCD director or facility director shall ensure that at least three meals, including two hot meals, are provided during each 24-hour period. Variations may be allowed based on weekend and holiday food service demands, or in the event of emergency or security situations, provided basic nutritional goals are met.(n) Health Care.(1) Access to Care.(A) Residents shall have unimpeded access to health care and to a system for processing complaints regarding health care.(B) The facility shall have a designated health authority with responsibility for health care pursuant to a written agreement, contract, or job description. The health authority may be a physician, health administrator, or health agency. In the event that the designated health authority is a free community health clinic, one which provides services to everyone in the community regardless of ability to pay, then the CCF is not required to enter into a written contract or agreement. A copy of the mission statement of the free community health clinic and a copy of the criteria for admission shall be on file in lieu of a contract between the two agencies.(C) Each CCF shall have a policy defining the level, if any, of financial responsibility to be incurred by the resident who receives the medical or dental services.(2) Emergency Health Care.(A) Twenty-four hour emergency health care shall be provided for residents, to include arrangements for the following:(i) On site emergency first aid and crisis intervention;(ii) Emergency evacuation of the resident from the facility;(iii) Use of an emergency vehicle;(iv) Use of one or more designated hospital emergency rooms or other appropriate health facilities;(v) Emergency on-call services from a physician, advanced practice nurse, physician assistant, dentist, and a mental health professional when the emergency health facility is not located in a nearby community; and(vi) Security procedures providing for the immediate transfer of residents, when appropriate.(B) A training program for direct care personnel shall be established by a recognized health authority in cooperation with the facility director that includes the following:(i) Signs, symptoms, and action required in potential emergency situations;(ii) Administration of first aid and cardiopulmonary resuscitation;(iii) Methods of obtaining assistance;(iv) Signs and symptoms of mental illness, retardation, and chemical dependency; and(v) Procedures for patient transfers to appropriate medical facilities or health care providers.(C) First aid kits shall be available in designated areas of the facility. Contents and locations shall be approved by the health authority.(3) Health Screening and Medical Examinations. Medical, dental, and mental health screening shall be performed by qualified health care personnel on all offenders within 10 working days prior to or after admission to the facility. The purpose of the screening is to determine if the offender has any disease, illness, or condition that precludes admission. The health screening shall include the following:(A) Questionnaires for health screening shall be established to document inquiries into and observations of the following:(i) Current illness and health problems, including sexually transmitted and other infectious diseases;(ii) Dental problems;(iii) Mental health problems, including suicide attempts or ideation;(iv) Use of alcohol and other drugs, which includes types of drugs used, mode of use, amounts used, frequency of use, date or time of last use, and a history of problems that may have occurred after ceasing use, for example, convulsions; and(v) Other health problems designated by the responsible health authority.(B) Observation by qualified health care personnel of:(i) Behavior, which includes state of consciousness, mental status, appearance, conduct, tremor, and sweating;(ii) Body deformities, ease of movement, and so forth; and(iii) Conditions of skin, including trauma markings, bruises, lesions, jaundice, rashes, infestations, and needle marks or other indications of drug abuse.(C) Medical Examinations.(i) A new resident admitted to the facility who was not transferred from a jail or other correctional facility shall have a medical history and physical examination completed within 10 working days prior to or after admission to the facility.(ii) TB screening of residents shall be completed within seven calendar days of admission into the residential facility and repeated annually thereafter. If a resident was confined in a jail or other correctional facility immediately prior to admission to a CCF, a TB screening test that was completed no more than 30 days prior to transfer to a residential facility may be accepted, provided that a TB questionnaire is completed and filed with the TB screening test results.(iii) Medical examinations shall be conducted for any employee or resident suspected of having a communicable disease.(4) Serious and Infectious Diseases.(A) The facility shall provide for the management of serious and infectious diseases.(B) The CCFs shall have policies and procedures to direct actions to be taken by employees concerning residents who have been diagnosed with human immunodeficiency virus (HIV), including, at a minimum, the following:(i) When and where residents shall be tested;(ii) Appropriate safeguards for staff and residents;(iii) Staff and resident training;(iv) Issues of confidentiality; and(v) Counseling and support services.(5) Dental Care. Access to dental care shall be made available to each resident.(6) Medications--General Guidelines.(A) Staff who dispense medication shall have the proper training and credentials. Staff who supervise self-administration of medication shall be appropriately trained to perform the task.(B) Policy and procedure shall direct the possession and use of controlled substances, prescribed medications, supplies, and over-the-counter (OTC) drugs. Prescribed medications shall be dispensed according to the directions of the prescribing physician, advanced practice nurse, or physician assistant.(C) Each residential facility shall have a written policy in place that sets forth required procedural guidelines for the administration, documentation, storage, management, accountability of all resident medication, inventory, disposal of medications, handling medication errors, and adverse reactions.(D) If medications are distributed by facility staff, records shall be maintained and audited monthly and shall include, but not be limited to the date, time, name of the resident receiving the medication, and the name of the staff distributing the medication.(E) Each facility shall ensure that the phone number of a pharmacy and a comprehensive drug reference source is readily available to the staff.(7) Medication Storage.(A) Prescription and OTC medications shall be kept in locked storage and accessible only by staff who are authorized to provide medication. Syringes, needles, and other medical supplies shall also be kept in locked storage.(B) All controlled/scheduled medications shall be stored under double lock and key.(C) Each facility shall ensure that all medications, syringes, and needles are stored in the original container.(D) Medications labeled as internal and external use only shall not be stored together in the same medication box or medication drawer.(E) Sample prescription medications provided by physicians shall be stored with proper labeling information that includes the name of the medication; name of the prescribing physician, advanced practice nurse, or physician assistant; date prescribed; and dosage instructions.(F) Medications that require refrigeration shall be stored in a refrigerator designated for medications only. A thermometer shall be maintained inside the refrigerator with the temperature checked and recorded daily on a temperature log.(G) The facility shall have a written policy approved by the local medical authority that states the acceptable temperature range for the medication refrigerator, and a written policy for what actions shall be taken by staff in the event the refrigerator temperature is above or below the approved temperature range.(H) Medications that are discontinued, have expired dates, or are no longer in use shall be stored in a separate locked container or drawer until destroyed.(I) Facilities that allow residents to keep medications in the resident's possession shall have written guidelines specific for keep-on-person medications. Staff shall ensure that authorized residents keep medication on their person or safely stored and inaccessible to other residents.(8) Medication Inventory and Disposal.(A) Facility staff shall conduct an inventory count of all controlled/scheduled medications daily, at a minimum, once per 24-hour period. The count shall be conducted and witnessed by one other staff member. Documentation of inventory counts shall be maintained for a minimum of three years.(B) The facility shall conduct a monthly inventory of all prescription and OTC drugs provided to or purchased by the resident. The monthly audit shall be conducted by a staff member who is not responsible for conducting the daily inventory counts.(C) A monthly audit shall be conducted of all medication administration records to verify the accuracy of recorded information. The monthly audit of medication administration records shall be conducted by a staff member who is not responsible for the documentation of medication administration records.(D) When a discrepancy is noted between the medication administration record and the monthly inventory count, documentation explaining the reason for the discrepancy and action taken to correct it shall be recorded. In the event an inventory count reveals unaccounted for controlled/scheduled medication, an investigation shall be conducted and a summary report written detailing the steps taken to resolve the matter. Until the discrepancy is resolved, an inventory count shall be conducted three times daily, after each shift. The summary report shall be maintained for a minimum of three years. If misapplication, misuse, or misappropriation of controlled/scheduled medication leads to an investigation by law enforcement, such information shall be reported pursuant to subsection (i) of this rule.(E) Discontinued and outdated medications shall be removed from the current medication storage, stored in a separate locked container, and disposed of within 30 days. The drugs designated for disposal shall be recorded on a drug disposal form.(F) Methods used for drug disposal shall prevent medication from being retrieved, salvaged, or used in any way. The disposal of drugs shall be conducted, documented, and the process witnessed by one other staff member. The documentation shall include:(i) Name of the resident and date of disposal;(ii) Name and strength of the medication;(iii) Prescription number, sample, or OTC lot numbers;(iv) Amount disposed, reason for disposal, and the method of disposal; and(v) Signatures of the two staff members who disposed of the drug and witnessed the disposal.(9) Administration of Medication for Non-Medical Model Facilities.(A) Prescription medications shall be dispensed only by licensed nurses or other staff who are trained and have the appropriate documented medication certification to dispense medications while under the supervision of a physician or registered nurse. Facilities that do not have licensed nurses or other credentialed staff to dispense medications, non-medical model facilities, shall implement the practice of self-administration of medications.(B) If medications are dispensed through the practice of self-administration in a non-medical model program, staff trained by a qualified health professional to supervise residents in the self-administration of medications shall monitor the residents during the self-administration process.(C) Each dose of prescription medication received by the resident shall be documented on the prescription medication administration record and maintained in the resident's medical file. The prescription medication record shall include:(i) Name of the resident receiving the medication;(ii) Drug allergies or the absence of known drug allergies;(iii) Name, strength of medication, and route of administration;(iv) Instructions for taking the medication, the amount taken, and the route of administration;(v) Date and time the medication was provided;(vi) Prescription number, or lot number for sample drugs, and the initial amount of medication received;(vii) Prescribing physician, advanced practice nurse or physician assistant, and the name of the pharmacy;(viii) Signature of the resident receiving the medication and the staff member supervising the self-administration of medication;(ix) The remaining amount of medication after each dose dispensed; and(x) Comment section for recording a variance, discrepancy, or change.(D) Each dose of OTC medication received by the resident shall be documented on the OTC medication administration record and maintained in the resident's medical file. The OTC drugs purchased by the resident or supplied for the resident in quantities larger than single dose packages shall be recorded on the OTC drug record. The OTC drug record shall include:(i) The resident's name;(ii) The name and strength of the medication dispensed;(iii) Drug allergies or the absence of known drug allergies;(iv) The dosage instructions and route of administration;(v) The initial amount received, OTC lot number, and the expiration date;(vi) The date and time the medication was dispensed;(vii) The amount dispensed and the ending count after each dose;(viii) Comment section for recording reason for OTC drug or other notations; and(ix) The signature of the resident and the employee who supervised each dose dispensed.(E) Facility Stock OTC Drugs. Multiple OTC stock drugs supplied in single dose packaging may be recorded on the same form. The medication drug record for facility stock OTC drugs shall include:(i) The resident's name;(ii) The name, strength, and route of administration;(iii) Drug allergies or the absence of known drug allergies;(iv) The date, time, amount dispensed, and the lot number on the container;(v) Comment section to record the reason the OTC drug was requested; and(vi) The signature of the resident and the employee who supervised each dose dispensed.(10) Training for Monitoring Self-Administration of Medications. All residential employees responsible for supervising residents in self-administration of medication, who do not have credentials to dispense medication, shall complete required training before performing this task.(A) The initial training for new employees shall be four hours in length.(B) Employees shall complete a minimum of two hours of review training annually thereafter.(C) The training shall be provided by a physician, pharmacist, physician assistant, or registered nurse before supervising self-administration of medications. A licensed vocational nurse or paramedic, under supervision, may teach the course from an established curriculum. Topics to be covered shall include:(i) Prescription labels;(ii) Medical abbreviations;(iii) Routes of administration;(iv) Use of drug reference materials;(v) Monitoring and observing insulin preparation and administration;(vi) Storage, maintenance, handling, and destruction of medication;(vii) Transferring information from prescription labels to the medication administration record and documentation requirements, including sample medications; and(viii) Procedures for medication errors, adverse reactions, and side effects.(11) Female Residents. If female residents are housed, access to pregnancy management services shall be available.(12) Mental Health. Access to mental health services shall be available to residents.(13) Suicide Prevention. Each facility shall have a written suicide prevention and intervention program reviewed and approved by a qualified medical or mental health professional. All staff with resident supervision responsibilities shall be trained in the implementation of the suicide prevention program.(14) Personnel.(A) If treatment is provided to residents by health care personnel other than a physician, psychiatrist, dentist, psychologist, optometrist, podiatrist, or other independent provider, such treatment shall be performed pursuant to written standing or direct orders by personnel authorized by law to give such orders.(B) If the facility provides medical treatment, personnel who provide health care services to residents shall be qualified and appropriately licensed. Verification of current credentials and job descriptions shall be on file in the facility. Appropriate state and federal licensure, certification or registration requirements, and restrictions apply.(15) Informed Consent.(A) If the facility provides medical treatment, the facility shall ensure residents are provided information to make medical decisions with informed consent. All informed consent standards in the jurisdiction shall be observed and documented for resident care.(B) If the facility provides medical treatment and a resident makes an informed decision to refuse any medical procedure or treatment, the facility shall ensure that written documentation of the resident's refusal is maintained in the resident's medical record.(16) Participation in Research. Residents shall not participate in medical, pharmaceutical, or cosmetic experiments. This does not preclude individual treatment of a resident based on resident's need for a specific medical procedure that is not generally available.(17) Notification. Individuals designated by the resident shall be notified in case of critical illness or injury.(18) Health Records. If medical treatment is provided by the facility:(A) Accurate health records for residents shall be maintained separately and confidentially;(B) The method of recording entries in the records, the form and format of the records, and the procedures for maintenance and safekeeping shall be approved by the health authority; and(C) For the residents being transferred to other facilities, summaries or copies of the medical history record shall be forwarded to the receiving facility prior to or at arrival.(o) Discharge From Residential Facilities.(1) Victim Notification. The CSCD director and facility director shall ensure there are procedures, policies, and practices that comply with Texas Government Code §76.016, Texas Code of Criminal Procedure art. 42.21(a) and other applicable laws as to the notifications made to certain crime victims of offenders who are residents in its facilities or subject to its programs.(2) Discharge. Discharge from residential facilities shall be based on the following criteria:(A) The resident has made sufficient progress towards meeting the objectives of the supervision plan and program requirements;(B) The resident has satisfied a sentence of confinement;(C) The resident has satisfied a period of placement as a condition of community supervision or satisfied the conditions of a pre-trial agreement signed by a judge presiding over an established drug court;(D) The resident has demonstrated non-compliance with program criteria or court order;(E) The resident manifests a non-emergency medical problem that prohibits participation in or completion of the residential program requirements;(F) The resident displays symptoms of a psychological disorder that prohibits participation in or completion of the residential program requirements; or(G) The resident is identified as inappropriate or ineligible for participation in the residential program as defined by facility eligibility criteria, statute, or standard.(3) Discharge Report. The CSCD director and facility director shall ensure a report is prepared at the termination of program participation that reviews the resident's performance. A copy of the report shall be provided to the receiving CSCD community supervision officer.(p) Basic Services and Programs.(1) Each facility shall, at a minimum, provide programs in the following areas which shall include, but not be limited to:(A) Education programs;(B) Rehabilitation programs based on the mission of the facility;(C) Community service restitution or work detail;(D) Recreational programs; and(E) Cognitive based programs.(2) Facilities serving other jurisdictions shall have a procedure in place designed to assist the resident in obtaining employment in the jurisdiction to which the resident will be released. At a minimum, an aftercare or supervision plan shall be provided to the original jurisdiction and shall outline aftercare or supervision strategies best designed to sustain progress.(3) Each facility shall have a family support program designed to educate family members in the goals of the facility and resident, as well as to incorporate family assistance during and after residency.(4) Each facility incorporating an employment component shall provide an initial programming phase of no less than 30 days prior to work release. A longer period of programming shall be provided depending upon documented risk/needs assessment and program progress.(q) Mail, Telephone, and Visitation. The CSCD director and facility director shall have written policies, procedures, and practices which govern the facility's mail, telephone, and visitation privileges for residents, including mail inspection, public phone use, and routine and special visits. The policies shall address compelling circumstances in which a resident's mail both incoming and outgoing may be opened, but not read, to inspect for contraband.(r) Religious Programs.(1) The CSCD director and facility director shall have written policies that govern religious programs for residents. The policies, procedures, and practices shall provide that residents have the opportunity to voluntarily practice the requirements of a resident's religious faith, have access to worship and religious services and the use or contact with community religious resources, when appropriate.(2) Under Texas Civil Practice & Remedies Code §§110.001 - .012, a CSCD or CCF may not substantially burden a resident's free exercise of religion except with the least restrictive measures in furtherance of a compelling interest. Pursuant to Texas Government Code §76.018, there is a presumption that a policy or practice that applies to a resident in the custody of a CCF is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The presumption may be rebutted with evidence provided by the resident.</content><note type="source"><p>Source Note: The provisions of this §163.39 adopted to be effective April 15, 1997, 22 TexReg 3436; amended to be effective October 4, 1998, 23 TexReg 9775; amended to be effective June 11, 2000, 25 TexReg 5379; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective February 12, 2008, 33 TexReg 1120; amended to be effective September 11, 2016, 41 TexReg 6763.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.40"><num value="163.40">§163.40</num><heading>Substance Abuse Treatment</heading><content>(a) Definitions. These words and terms, when used in this section, shall have the following meanings, unless the context clearly indicates otherwise. (1) "Admission" is the administrative process and procedure performed to accept an offender into a treatment program or facility. (2) "Aftercare" is the counseling and community based support services that are designed to provide continued support for treatment delivered in a residential or outpatient program. (3) "Aftercare Caseloads" is the supervision of and support services for offenders who have completed a substance abuse treatment program. (4) "Assessment" is a process conducted by a qualified credentialed counselor or counselor intern trained to administer a structured interview to determine the nature and extent of an offender's chemical abuse, dependency, or addiction, and to assist in making an appropriate referral. Other criminogenic risks and needs will be assessed and incorporated into the individual treatment plan. (5) "Best Practices" are evidence based substance abuse treatment programs that address concepts such as criminogenic risks and needs, responsivity, and cognitive behavioral treatment, and programs that possess the following hallmarks: (A) Validated treatment assessments that include criminogenic risks and need factors; (B) A treatment regimen that focuses on changing criminogenic risks and needs, behaviors, and thinking patterns; (C) A treatment regimen that includes a specific, cognitive behavioral program that has been recognized in professional criminal justice journals; (D) Responsivity in addressing offenders' needs and employment of qualified staff; and (E) Measurable outcomes to reduce substance abuse, dependency, or addiction as well as other criminogenic risks and needs. (6) "Chemical Dependency" is a substance related disorder as defined in the most recent published edition of the Diagnostic and Statistical Manual of Mental Disorders. (7) "Continuum of Care" is a system that provides for the uninterrupted provision of essential services from initial assessment through completion of treatment. (8) "Counseling" is face-to-face interaction between offenders and counselors to help offenders identify, understand, and resolve personal issues and problems related to their substance abuse or chemical dependency. Counseling may take place in groups or in individual meetings. (9) "Counselor" is a graduate or counselor intern working towards licensure that would certify the individual to be a qualified credentialed counselor. (10) "Counselor Intern" (CI) is a person seeking a license as a chemical dependency counselor who is registered with the Texas Department of State Health Services (DSHS) and pursuing a course of training in chemical dependency counseling at a registered clinical training institute or under the supervision of a certified supervisor. (11) "Criminogenic Risk and Needs" are dynamic risk factors that are directly related to crime production, such as antisocial peers; antisocial beliefs, values, and attitudes; substance abuse, dependency, or addiction; anger or hostility; poor self-management skills; inadequate social skills; poor attitude toward work or school; and poor family dynamics. (12) "Detoxification" is chemical dependency treatment designed to systematically reduce the amount of alcohol and other toxic chemicals in an offender's body, manage withdrawal symptoms, and encourage the offender to continue ongoing treatment for chemical dependency. (13) "Direct Care Staff" is staff responsible for providing treatment, care, supervision, or other direct client services that involve face-to-face contact with an offender. (14) "Discharge" is formal documented termination of services. (15) "Discharge Summary" is a written report of the offender's progress and participation while in treatment, including a discharge plan that provides an aftercare or supervision plan designed to sustain progress for offenders successfully completing treatment. (16) "Education" is instruction; a planned, structured presentation of information that is related to substance abuse or chemical dependency. Education is not considered counseling. (17) "Emergency" is a situation requiring immediate attention and action to treat or prevent physical or emotional harm or illness. (18) "Evaluation" is a process conducted by a community supervision officer (CSO) trained to administer the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD) Substance Abuse Evaluation instrument to determine the nature and extent of an offender's chemical abuse, dependency, or addiction to assist in making an appropriate referral. Other criminogenic risks and needs will be assessed and incorporated into the individual treatment plan. (19) "Facility" is the physical location of the treatment program operated by, for, or with funding from the TDCJ CJAD. Some locations may be secured facilities for inpatient treatment; other programs may be offered at locations as outpatient treatment. (20) "Graduate" is an individual who has successfully completed, or been exempted from, supervised work experience and who is still registered with the DSHS as a CI, as defined by the DSHS. (21) "Grievance" is a formal complaint limited to matters affecting the complaining offender personally and limited to matters that the facility or program has the authority to remedy. (22) "Intake" is the process of gathering information to determine if an offender is eligible and appropriate for services as well as providing information to the offender about a program's services and rules. (23) "Intensive Outpatient Treatment" is an outpatient treatment program that delivers no less than six hours per week of chemical dependency counseling. (24) "Life Skills Training" is a structured program of training, based upon a written curriculum and provided by qualified staff designed to help offenders with social competencies, such as communication and social interaction, stress management, problem solving, decision making, and management of daily responsibilities. (25) "Primary Counselor" is an individual working directly with and responsible for the treatment of the offender. (26) "Qualified Credentialed Counselor (QCC)" is a licensed chemical dependency counselor or one of the practitioners listed below who is licensed and in good standing in the state of Texas as defined by the DSHS: (A) Licensed professional counselor; (B) Licensed master social worker; (C) Licensed marriage and family therapist; (D) Licensed psychologist; (E) Licensed physician (MD or DO); (F) Licensed physician's assistant; (G) Certified addictions registered nurse; or (H) Licensed psychological associate; and (I) Nurse practitioner recognized by the Board of Nursing as a clinical nurse specialist or nurse practitioner with specialty in psyche-mental health. (27) "Responsivity" is matching the characteristics of the offender with the program modality, and the knowledge, skills, and abilities of the staff. It includes offender's learning style and readiness for treatment; the quality of the treatment relationship; and the staff's therapeutic approach, cultural competency, use of reinforcement, and modeling. (28) "Screening" is the initial stage of a process when it is determined whether an offender has a chemical dependency problem that may require further assessment or evaluation. (29) "Senior Counselor, Unit Manager, or Unit Supervisor" is a supervisory staff member who directs, monitors, and oversees the work performance of subordinate staff members. (30) "Special Needs Populations" are offenders who have significant problems in the areas of mental health, diminished intellectual capacity, or medical needs. (31) "Structured Activity" is a planned, interactive, scheduled event that is overseen by staff in which participants actively take part in an activity related to recovery, health, life skills, or interpersonal skills. (32) "Supportive Outpatient Treatment" is an outpatient treatment program that delivers no less than two hours per week of chemical dependency counseling. (33) "Treatment" is a planned, structured, and organized program, either residential or nonresidential, designed to initiate and promote an offender's chemical free status or to maintain the offender free of illegal drugs. It includes, but is not limited to, the application of planned procedures to identify and change patterns of behavior related to or resulting from chemical dependency that are maladaptive, destructive, or injurious to health, or to restore appropriate levels of physical, psychological, or social functioning lost due to chemical dependency. (34) "Treatment Team" is the team consisting of at least the offender, the offender's counselor, and a CSO or residential CSO when appropriate. (b) Compliance. Compliance with TDCJ CJAD substance abuse treatment standards is required of all programs that provide substance abuse treatment and are funded directly or indirectly or managed by the TDCJ CJAD. Programs and facilities providing only substance abuse education are not subject to these standards. (c) Accreditation of Personnel and Staff Development. The employer shall ensure that employees acquire and maintain any credentials, licensing, certifications, or continuing education required to perform their duties, with copies kept in their personnel files. (d) Admissions and Removals. (1) Eligibility. Programs shall have written eligibility criteria specific to the services and mission of the program. Offenders may be admitted into a program only by order of the court and only if they meet the minimum eligibility criteria as outlined in the program policies, licensure, or CJAD approved program design. Offenders found to be ineligible for admission within 10 days of arrival at the program shall not be counted in program admissions. (2) Specific admission criteria and procedures shall be documented. Offenders are eligible for substance abuse treatment programs if: (A) There is responsivity between the treatment services provided by the program and the offender's criminogenic risks and needs; (B) A court orders the offender into the program and the subsequent assessment indicates the need for treatment services; or (C) The program allows readmissions and the offender meets the admission criteria. (3) For offenders placed in treatment programs who do not meet admission or eligibility criteria, a mechanism or procedure shall be developed for offender removal. A review and justification explaining the reason the offender does not meet admission criteria shall be required with copies kept in the offender's file. Offenders who do not meet eligibility criteria will be considered ineligible and shall not be counted as discharged. (e) Intake. There shall be written policies and procedures establishing an intake process to determine eligibility for offenders entering a substance abuse treatment program. The intake process must be completed within 10 working days of an offender's arrival in a program. (f) Initial Assessment Procedures. Acceptable and recognized assessment tools shall be used in all substance abuse treatment programs within 10 working days from date of admission. Assessment policies and procedures shall require the use of approved clinical measurements and screening tests. If the screening identifies a potential mental health problem, the facility shall obtain a mental health assessment and seek appropriate mental health services when resources for mental health assessments and services are available internally or through referral at no additional cost to the program. Assessment procedures shall include the following: (1) Identification of strengths, abilities, needs, and substance preferences of the offender; (2) Summarization and evaluation of each offender to develop individual treatment plans; and (3) Assessments completed by a QCC or a CI. If the assessor is a CI, the documentation must be reviewed and signed by a QCC. (g) Assessments. The assessment shall include: (1) A summary of the offender's alcohol or drug abuse history including substances used, date of last use, date of first use, patterns and consequences of use, types of and responses to previous treatment, and periods of sobriety; (2) Family information, including substance use and abuse by family members and supportive or dysfunctional relationships; (3) Vocational and employment status, including skills or trades learned, work record, and current vocational plans; (4) Health information, including medical conditions that present a problem or that might interfere with treatment; (5) Emotional or behavioral problems, including a history of psychiatric treatment; (6) Educational achievement level; (7) Intellectual functioning level; (8) Responsivity analysis; and (9) A diagnostic summary signed and dated by a QCC. (h) Orientation. Each program shall establish written policies and procedures for the orientation process. Orientation shall be provided at the onset of treatment and in accordance with the level of treatment to be provided. The orientation shall relay information concerning program rules, the grievance procedure, and the steps necessary for offenders to complete treatment successfully. (i) Offender Rights. The offender's basic rights shall be respected and protected, free from abuse, neglect, exploitation, and discrimination. Each provider shall have written policies and procedures to ensure protection of the offender's rights according to federal and state guidelines. (j) Release of Information. There shall be written policies and procedures for protecting and releasing offender information that conforms to federal and state confidentiality laws. The staff shall follow written policies and procedures for responding to oral and written requests for information that identifies an offender. (k) Offender Records. There shall be written policies and procedures regarding the content of offender treatment records. Residential programs shall maintain separate individual treatment records for defendants. Case records, whether residential or outpatient, shall include the following information at a minimum: (1) Court order placing the offender into the program; (2) Initial intake information form; (3) Referral documentation; (4) Case information from referral source, if applicable; (5) Release of information forms; (6) Relevant medical information; (7) Case history and assessment including risk and needs assessment and Strategies for Case Supervision, if required; (8) Individual treatment plan; (9) Evaluation and progress reports; and (10) Discharge summary. (l) Offender Records Review Policy. There shall be written policies and procedures to govern the access of offenders to their own substance abuse treatment records in accordance with Texas Health and Safety Code and 42 Code of Federal Regulations Part 2. This access does not apply to criminal justice records. Restrictions on access to treatment records shall be specified and explained to offenders upon request. Exceptions may be made if providing the records to the offender has the potential to harm the offender or others. (m) Treatment Planning and Review. Initial individual treatment plans shall be completed by the counselor collaborating with the offender within 10 working days from the date of admission to a community corrections facility (CCF), county correctional center, or any other substance abuse treatment program or through a similar process approved by the community supervision and corrections department (CSCD). Substance abuse treatment shall be based on substance abuse, chemical dependency or addiction, and other criminogenic risks and needs identified through assessments and revised according to the offender's successful resolution of those substance abuse, chemical dependency, addiction, and other criminogenic risks and needs. Treatment plans shall include criteria for discharge that are based on the achievement of treatment plan goals and shall be reviewed at timely intervals with a minimum of once each month or when major changes occur such as a change in stage. The treatment planning and review process shall ensure that: (1) The primary counselor meets with the offender as needed to review the treatment plan, evaluating goal progress and revisions; (2) All revised treatment plans are signed and dated by the counselor and the offender; and (3) Results of the review are documented and placed in the treatment file, with a copy to the CSO. (n) Treatment Progress Notes. There shall be written policies and procedures to require all programs to record and maintain progress notes on all offender case records, document counseling sessions, and summarize significant events that occur throughout the treatment process. Progress notes shall be documented at a minimum of once each week. (o) Changes in Treatment Stages. Each treatment program shall develop written criteria based on achievement of treatment plan goals for an offender to advance or regress from a stage of treatment. An offender must meet the criteria for a change in the stage of treatment before such a change or a discharge is implemented. The treatment team shall confer when the offender is subject to a major setback in the program and prior to discharge. (p) Discharges from Treatment. Discharge from a program shall be according to one of the following criteria: (1) Completion of Program. The offender has made sufficient progress towards meeting the objectives of the treatment plan, including addressing criminogenic risks and needs and program requirements, or the offender has satisfied a period of placement as a condition of community supervision; (2) Inappropriate Placement or Unable to Participate. The offender is removed: (A) By order of the court; (B) By operation of law for conduct occurring prior to admission into the program; or (C) Because the program did not address the risk and needs of the offender. (3) Violation of Program. The offender has demonstrated noncompliance with the program criteria or court order, including absconding from the program; or (4) Other. The offender manifests a medical or psychological problem, including death, which prohibits participation or completion of the program requirements. (q) Discharge Plan. The treatment team shall adopt a discharge plan for each offender prior to successful discharge. The discharge plan shall be sent to the offender's CSO within seven days after discharge and provide a summary of: (1) Clinical problems at the onset of treatment and original diagnosis; (2) The problems or needs and strengths or weaknesses identified on the master treatment plan; (3) The goals and objectives established; (4) The course of treatment; (5) The outcomes achieved; and (6) A continuum of care and relapse plan for aftercare treatment, which must be prepared with the offender and a family member or significant other, if appropriate and available. (r) Discharge Summary. A discharge summary shall be prepared, within 30 days, for all offenders who leave the program successfully. The summary shall include elements (1) - (5) of the discharge plan. (s) General Program Services Provisions. Specific services shall be required of all substance abuse treatment programs. Written policies and procedures shall ensure the following standards are met: (1) All substance abuse services shall be delivered according to a written treatment plan that has been developed from the offender's assessment. (2) Group counseling sessions are limited to a maximum of 16 offenders. Group education and life skills training sessions are limited to a maximum of 35 offenders. These limits do not apply to multi family educational groups, seminars, outside speakers, or other events designed for a large audience. (3) All programs shall employ a QCC. (4) All counselor interns shall work under the direct supervision of a QCC. (5) Chemical dependency counseling shall be provided by a QCC, graduate, or counselor who has the specialized education, training, or expertise in that subject matter. Chemical dependency education shall be provided by counselors or individuals who have the specialized education, training, or expertise in that subject matter. (6) Direct care staff shall be awake and alert on site during all hours of program operation. (7) Residential programs shall have, at a minimum, one counselor on duty at least eight hours a day, five days a week. (8) Offenders in residential programs shall have an opportunity for eight continuous hours of sleep each night. Staff shall conduct and document at least three checks while offenders are sleeping. (9) The program shall include a culturally diverse curriculum applicable to the population served and shall be evidenced through demonstrated, appropriate counseling, and instructional materials. (10) Members of the offender treatment team shall demonstrate effective communications and coordination, as evidenced in staffing, treatment planning, and case management documentation. (11) There shall be written policies and procedures regarding the delivery and administration of prescription and nonprescription medication that provide for: (A) Conformity with state regulations; and (B) Documentation of the administration of medications, medication errors, and drug reactions. (12) Chemical dependency education and life skills training shall follow a course outline that identifies lecture topics and major points to be discussed. All educational sessions shall include offender participation and discussion of the material presented. (13) The program shall provide education about the health risks of tobacco products and nicotine addiction. (14) The program shall provide human immunodeficiency virus (HIV), Hepatitis B and C, and tuberculosis education based on the Model Workplace Guidelines for Direct Service Providers developed by the DSHS. (15) Offenders shall have access to HIV counseling and testing services directly or through referral, as follows: (A) HIV services shall be voluntary, anonymous, and not limited by ability to pay. (B) Counseling shall be based on the model protocol developed by the DSHS. (C) In all TDCJ CJAD funded facilities, testing, as well as pre- and post-test counseling, shall be provided by the medical department or contracted medical provider. (16) The program shall make testing and information for tuberculosis and sexually transmitted diseases available to all offenders, unless the program has access to test results obtained during the past year, as follows: (A) Services may be made available directly or through referral. (B) If an offender tests positive for tuberculosis or a sexually transmitted disease, the program shall refer the offender to an appropriate health care provider and take appropriate steps to protect offenders and staff. (C) A CCF shall report to the local health department the release of an offender who is receiving treatment for tuberculosis. (17) The program shall: (A) Refer pregnant offenders who are not receiving prenatal care to an appropriate health care provider and verify services were received; and (B) Refer offenders to ancillary services, such as mental health services, necessary to meet treatment goals. (18) CSCDs that contract for services shall give preference to available programs that include the following elements of best practices in criminal justice treatment. CSCDs that conduct their own programs are required to incorporate the following elements of best practices in criminal justice treatment: (A) Validated treatment assessments that include substance abuse, dependency, or addiction, and other criminogenic risks and needs factors; (B) A treatment regimen that focuses on changing substance abuse, dependency or addiction, and other criminogenic risks and needs, behaviors, and thinking patterns; (C) A treatment regimen that includes a specific, cognitive behavioral program that has been recognized in professional criminal justice journals; and (D) Responsivity in addressing offenders' needs and in employment of qualified staff. (19) CSCDs that place offenders in substance abuse treatment programs shall ensure that offenders are referred to available aftercare services, giving preference to programs that incorporate best practices elements. (t) Stages of Treatment. All CCFs providing substance abuse treatment shall designate in the current facility's Community Justice Plan program proposal stages of treatment to be provided as described in subsections (v) - (y) of this rule. (u) Detoxification. Offenders being referred to detoxification services shall be referred to licensed service providers. (v) Intensive Residential Treatment. Written policies and procedures shall ensure the following: (1) All offenders admitted to intensive residential treatment shall have written justification to support their admission, be medically stable, and able to participate in treatment. (2) The program shall provide adequate staff for close supervision and individualized treatment with counselor caseloads not to exceed 10 offenders. (3) There shall be direct care staff alert and on site during all hours of operation. There shall be an appropriate number of direct care staff to provide all required program services, maintain an environment that is conducive to treatment, and ensure the safety and security of the offenders, according to the design of the facility and with the approval of the funding source. (4) Program counselors shall complete a comprehensive offender assessment and individual treatment plan within 10 working days of admission. (5) The facility shall deliver not less than 25 hours of structured activities per week for each offender, including: (A) Ten hours of chemical dependency counseling using a cognitive behavioral approach with no less than one hour of individual counseling; (B) Ten hours additional education, counseling, life skills, or rehabilitation activities; and (C) Five hours of structured social or recreational activities. (6) Counseling and education schedules shall be submitted to the funding entity for approval. (7) Each offender shall have an opportunity to participate in physical recreation at least weekly. (8) Program staff shall offer chemical dependency education or services to identified significant others. (9) The program shall provide each offender with opportunities to apply knowledge and practice skills in a structured, supportive environment. Cognitive behavioral programs shall have a published curriculum identified by the authors to contain cognitive, social, and behavioral elements. Anyone facilitating a cognitive curriculum shall be trained in that specific curriculum. All direct care staff shall receive training on the principles of a cognitive behavioral model as it relates to their job duties. This curriculum shall be approved by the TDCJ CJAD and implemented as designed. Components of the cognitive program shall include, at a minimum: (A) Ways to identify thinking patterns; and (B) A social skills training component. (w) Supportive Residential Treatment. Written policies and procedures shall ensure the following: (1) All offenders admitted to supportive residential treatment shall have written justification to support their admission, be medically stable, be able to function with limited supervision and support, and be able to participate in work release or community service and restitution programs. (2) The program shall have adequate staff to meet treatment needs within the context of the program description, with counselor caseloads not to exceed 20 offenders, unless the program can provide research based evidence in writing to justify a higher caseload size based on the program design, characteristics and needs of the population served, and any other relevant factors. (3) There shall be direct care staff alert and on site during all hours of operation. There shall be an appropriate number of direct care staff to provide for the safety and security of the offenders, according to the design of the facility and with the approval of the funding source. (4) Counselors shall complete a comprehensive offender assessment and individualized treatment plan within 10 working days of admission for each offender. (5) The program shall deliver no less than six hours per week of chemical dependency counseling with a cognitive behavioral approach for each offender, of which one hour per month shall be individual counseling. (6) Counseling and education schedules shall be submitted to the funding entity for approval. (7) The program design and application shall include increasing levels of responsibility for offenders and frequent opportunities for offenders to apply knowledge and practice skills in structured and unstructured settings. Cognitive behavioral programs shall have a published curriculum identified by the authors to contain cognitive, social, and behavioral elements. This curriculum shall be approved by the TDCJ CJAD and implemented as designed. Anyone facilitating a cognitive curriculum shall be trained in that specific curriculum. All staff shall receive training on the principles of a cognitive behavioral model as it relates to their job duties. Components of the cognitive program shall include, at a minimum: (A) Ways to identify thinking patterns; and (B) A social skills training component. (x) Outpatient Treatment. Written policies and procedures shall ensure the following: (1) All offenders admitted to outpatient treatment programs shall be medically stable, and have appropriate support systems in the community to live independently with minimal structure. (2) The program shall have adequate staff to provide offenders support and guidance to ensure effective service delivery, safety, and security. Staffing patterns shall be submitted to the funding entity. (3) The program shall set limits on counselor caseload size to ensure effective, individualized treatment and rehabilitation. Criteria used to set the caseload size shall be documented and approved by the funding entity. (4) Didactic groups shall not exceed 35 offenders per group. (5) Therapeutic groups shall not exceed 16 offenders per group. (6) For offenders in supportive outpatient programs, counselors shall complete a comprehensive offender assessment within 30 calendar days of admission. (7) For offenders in intensive outpatient programs, counselors shall complete a comprehensive offender assessment within 10 calendar days of admission. (8) Intensive outpatient programs shall deliver no less than six hours per week of chemical dependency counseling with a cognitive behavioral approach. (9) Supportive outpatient programs shall deliver no less than two hours per week of chemical dependency counseling. (10) Each offender's progress shall be assessed regularly by clinical staff to help determine the length and intensity of the program. (11) Counseling and education schedules shall be submitted to the funding entity for approval. (12) The program design and application shall include increasing levels of responsibility for offenders and frequent opportunities for offenders to apply knowledge and practice skills in structured and unstructured settings. (13) The outpatient treatment stages may be used for residents in the work release phase of any residential substance abuse treatment program. (y) Special Needs Populations. Written policies and procedures shall ensure the following: (1) Programs that address the special mental health, intellectual capacity, or medical needs of offenders shall provide appropriate treatment either by program staff or through contracted services. (2) Admission to a special needs program shall be based on a documented mental health, intellectual capacity, or medical need. (3) When the assessment process indicates that the offender has coexisting disabilities and disorders, the treatment plan shall specifically address those issues that might impact treatment, recovery, relapse, and recidivism. (4) Personnel qualified in the treatment of coexisting disabilities and disorders shall be available as needed. (5) Within 96 hours of admission to a special needs residential program, an offender shall be administered a medical and psychological evaluation. (6) Within 10 days of admission to a residential program for special needs offenders, the program administrator or designee shall contact the Texas Correctional Office on Offenders with Medical or Mental Impairments (TCOOMMI) regarding the offender's status. As soon as a discharge date is projected, TCOOMMI shall be notified in writing of plans for a continuum of care after discharge, regardless of whether or not the discharge is for successful completion of the program. (7) Residential facilities providing services for special needs populations shall have procedures to provide access to health care services, including medical, dental, and mental health services, under the control of a designated health authority. When this authority is other than a physician, final medical judgments shall rest with a single designated responsible physician licensed by the state. (A) Services and treatment shall be directed toward maximizing the functioning and reducing the symptoms of offenders. (B) There shall be written policies and procedures regarding the delivery and administration of prescription and nonprescription medication that provide for: (i) Conformity with state regulations; (ii) Documentation of the rationale for use and goals of service and treatment consistent with the individual treatment plan; (iii) Documentation of the administration of medications, medication errors, and drug reactions; and (iv) Procedures to follow in case of emergencies. (8) There shall be procedures for documenting that the offender has been informed of medication management procedures. (9) Offenders shall be actively involved in decisions related to their medications. (10) Programs for special needs offenders shall follow the same staffing for treatment levels as the levels for other offenders, except all residential programs shall maintain caseloads of no greater than 16 offenders for each counselor. (11) Programs operating in residential facilities shall ensure that offenders have no less than 10 days of appropriate medication for use after discharge. (z) Use of Force. The CSCD director and facility director shall ensure that a residential treatment program has written policies, procedures, and practices that restrict the use of physical force to instances of self protection, protection of offenders or others, or prevention of property damage. The use of physical force against an offender is never justifiable as punishment. A written report shall be prepared following all uses of force, and all such written reports shall be promptly submitted to the CSCD director and facility director for review and follow-up. Only an individual who is properly trained in the use of such devices may use restraining devices, aerosol sprays, and chemical agents. These devices shall only be used in an emergency by such an individual in self protection, protection of others, or other circumstances as described previously.</content><note type="source"><p>Source Note: The provisions of this §163.40 adopted to be effective October 4, 1998, 23 TexReg 9775; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2003, 28 TexReg 3065; amended to be effective April 21, 2005, 30 TexReg 2234; amended to be effective September 11, 2011, 36 TexReg 5693.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.41"><num value="163.41">§163.41</num><heading>Medical and Psychological Information</heading><content>(a) Human Immunodeficiency Virus (HIV) and Acquired Immune Deficiency Syndrome (AIDS) Policies. Community Supervision and Corrections Department (CSCD) directors shall develop and implement policies relevant to HIV and AIDS in accordance with guidelines established by the Texas Department of State Health Services and adopted by the Texas Department of Criminal Justice Community Justice Assistance Division (TDCJ CJAD). These policies shall be incorporated in the CSCD's administrative manuals and shall include, at a minimum, the following:(1) education and training;(2) confidentiality;(3) workplace guidelines; and(4) supervision of individuals with HIV or AIDS infection. (b) In accordance with Texas Health & Safety Code §§85.142 and 85.143, the HIV-AIDS policy must:(1) provide for periodic education of employees and offenders concerning HIV;(2) ensure that education programs for employees include information and training relating to the infection control procedures and that employees have infection control supplies and equipment readily available;(3) ensure access to appropriate services and protect the confidentiality of medical records relating to HIV infection; and(4) conform with the model policy guidelines developed in accordance with Texas Health & Safety Code §85.141.(c) Employee Training. CSCD residential directors shall ensure that residential staff attend and complete HIV-AIDS classroom training within the first year of employment and each year thereafter. Training shall include, at a minimum, information relating to infection control procedures, information regarding infection control supplies and equipment, and policies regarding the handling, care, and treatment of HIV-AIDS infected persons in their custody.(d) Medical and Psychological Information. All records and other information concerning an offender's physical or mental state, including information pertaining to an offender's HIV-AIDS testing, results, and status, are confidential in accordance with state and federal law. Medical and psychological information shall be maintained in a safe and secure manner. Access to this confidential information shall be restricted to only those persons who have been authorized to receive this information by law or with a duly executed release and waiver of confidentiality from the offender. The CSCD may disclose medical and psychological information relating to special needs offenders in accordance with Texas Health & Safety Code §§614.001–614.021 and other state and federal law.</content><note type="source"><p>Source Note: The provisions of this §163.41 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective December 12, 1999, 24 TexReg 10894; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2962; amended to be effective September 14, 2014, 39 TexReg 7179; amended to be effective March 29, 2020, 45 TexReg 2025; amended to be effective March 13, 2025, 50 TexReg 1826.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.42"><num value="163.42">§163.42</num><heading>Substantial Noncompliance</heading><content>(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, 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.</content><note type="source"><p>Source Note: The provisions of this §163.42 adopted to be effective August 16, 1995, 20 TexReg 5799; amended to be effective April 15, 1997, 22 TexReg 3437; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective October 7, 2007, 32 TexReg 6791; amended to be effective July 8, 2012, 37 TexReg 4950; amended to be effective March 15, 2018, 43 TexReg 1446; amended to be effective July 16, 2025, 50 TexReg 4022.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.43"><num value="163.43">§163.43</num><heading>Funding and Financial Management</heading><content>(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. CSCDs qualify for TDCJ CJAD state aid and grant funding by: (A) being in substantial compliance with TDCJ CJAD standards; (B) having a TDCJ CJAD approved strategic plan in accordance with Texas Government Code §509.007; (C) having a director appointed in accordance with Texas Government Code §76.004 administer all CSCD funds; (D) having a fiscal officer appointed by the district judge(s) manage the CSCD as set forth in subsection (b) of this section; and (E) following Texas Local Government Code §140.004 when meeting to finalize the CSCD's budget. (2) Allocating State Aid. State aid shall be made available to eligible funding recipients in accordance with the applicable statutory requirements and 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 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 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 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 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 by offenders shall be deposited into the same special fund of the county treasury receiving state 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 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 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 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 director 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 with the Financial Management Manual for TDCJ CJAD Funding. (c) Determination and Recovery of Unexpended Monies. A CSCD's determination and return of unexpended funds shall comply with the Financial Management Manual for TDCJ CJAD Funding. (d) Facilities, Utilities, and Equipment. (1) 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 as follows: (A) Minimum Facilities for CSCDs. CSCDs shall provide each community supervision officer a private office with the lighting, air conditioning, equipment, privacy, and environment necessary to conduct professional community corrections services. Facilities, including equipment, shall be appropriately maintained, repaired, and insured.(B) Location. Each CSCD office providing direct court services shall be located in the courthouse or as near to the courthouse as practicable in order to provide prompt and efficient services to the court. (C) Satellite Offices. In order to provide efficient supervision of and services to offenders, satellite CSCD offices shall be established in the judicial district based on a judicial district's population, caseload, or geographical distance. (2) Inventory. Inventory and disposal of equipment, furniture, and vehicles purchased with program funds shall comply with 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 with Texas Government Code §76.009 and the Financial Management Manual for TDCJ CJAD Funding.</content><note type="source"><p>Source Note: The provisions of this §163.43 adopted to be effective March 1, 1993, 18 TexReg 944; amended to be effective August 16, 1995, 20 TexReg 5799; amended to be effective July 15, 1996, 21 TexReg 6084; amended to be effective April 15, 1997, 22 TexReg 3437; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220; amended to be effective April 17, 2008, 33 TexReg 2962; amended to be effective January 2, 2014 38 TexReg 9604; amended to be effective May 19, 2024, 49 TexReg 3371.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c163/sc/s163.47"><num value="163.47">§163.47</num><heading>Contested Matters</heading><content>(a) Right to Contest Adverse Proposals.(1) If TDCJ-CJAD (hereinafter referred to as the division) proposes to deny, revoke, or suspend the certification of a CSO or to reprimand such officer shall be entitled to notice and a hearing before the division or a hearings examiner appointed by the division. Hearings before a hearings examiner shall be conducted pursuant to the procedures set forth in subsection (h) of this section.(2) If the division proposes the reduction, refusal, or suspension of payment of state aid, not including the refusal to provide or a reduction of discretionary grant funding other than funds suspended or reduced during a funding cycle, or intends to impose budget control over a CSCD (hereinafter referred to as the department), the department shall be provided with a notice and offered a hearing.(b) Notice of Proposed Action.(1) The division shall issue a written notice that:(A) defines specifically the alleged conduct that constitutes substantial noncompliance with division standards or requirements;(B) indicates the proposed action to be taken in the matter;(C) provides a succinct statement of the reasons for the proposed action;(D) makes reference to the particular sections of the statutes, standards, and rules involved; and,(E) informs the supervision officer or department of the right to request a hearing.(2) The notice must be signed by the TDCJ-CJAD director and sent by registered or certified mail, return receipt requested and postage prepaid. If the proposed action is against a CSO, then the notice must be sent to the individual with a copy forwarded to the director of the department.(c) Request for Further Hearing Before the Judicial Advisory Council. A department or CSO who received written notice of the division's proposed adverse action may after the conclusion and results of the hearing before the Division or Hearings Examiner provided under subsection (a) of this section, request a further hearing to contest the matter before the Judicial Advisory Council (JAC).(1) Within 15 working days (for purposes of this section, the term days refers to business days other than weekends or holidays) of the receipt of the written notice of the results of the hearing before the Division or Hearings Examiner, the respondent CSO or department must submit in writing a request for a further hearing before the JAC to the division director and the chairperson of the JAC.(2) The request for further hearing before the JAC must include a succinct statement of the grounds upon which the proposed action is contested and all grounds upon which the effected individual or department refutes the basis of the proposed action and any results from the initial hearing before the Division or Hearings Examiner.(3) The JAC shall offer the affected CSO or department an opportunity to be heard at the next regularly scheduled meeting of the JAC held immediately after receipt of the request for hearing. If no meeting is scheduled within 60 days of the receipt of the request for further hearing before the JAC, then the chairperson shall schedule a specially-called meeting to be held no later than 60 days from the receipt of the applicable request for further hearing before the JAC.(4) The chairperson shall cause a written notice to be issued to the affected CSO or department informing the party of:(A) the time, date, and location of the hearing;(B) the legal authority and jurisdiction under which the hearing is to be held; and(C) the manner in which the hearing will be conducted. Notice shall be sent by registered or certified mail, return receipt requested, not less than 10 days prior to the hearing.(d) The Division and the Affected Party Shall Each Be Given Thirty Minutes to Present Their Respective Sides. Testimony may be given orally under oath or through a prepared written statement or affidavit as acknowledged before a notary public. No more than three witnesses per side shall testify. However, upon the request of either party made prior to the hearing and at the discretion of the chairperson, the time for making a presentation and the number of witnesses needed to testify may be increased.(e) At the Conclusion of the Hearing Before the JAC, the Members of the JAC Shall Vote Whether to Recommend that the Division's Proposed Adverse Action be Withdrawn, Modified, or Affirmed. Within 10 days of the recommended vote of the JAC, the TDCJ-CJAD director shall notify the officer, department director, and/or administrative judge concerning whether or not the director concurs with the recommendation of the JAC. Notice shall be made in writing and sent by registered or certified mail, return receipt requested in accordance with subsection (b)(2) of this section.(f) Failure to Request a Hearing Before the JAC Waives any Further Appeal to the Texas Board of Criminal Justice.(g) Request for Hearing Before the Texas Board of Criminal Justice. Except as provided in subsection (f) of this section and paragraph (2) of this subsection a department or supervision officer may contest a final proposed action of the division director before the Texas Board of Criminal Justice.(1) Within 15 days of the receipt of the written notice of the final proposed action of the division director, the affected officer or department must submit in writing to the Chairperson of the Texas Board of Criminal Justice with a copy forwarded to the division director a request for hearing before the Board.(2) Failure to submit the request for hearing within the specified time period waives any future appeal before the Board.(3) Within 20 days of receipt of the request for hearing, the general counsel of the Texas Department of Criminal Justice or his designee shall file with the State Office of Administrative Hearings a request for assignment of administrative law judge. Said request shall be accompanied with a complaint containing the same information as required under subsectin (b)(1)(A) - (E) of this section and also including a statement of the recommendation of the JAC and the division director's final proposed action. Said request shall also be accompanied with a written statement of applicable rules or policies of the division and agency. The complaint shall designate the parties in this contested matter. The affected officer or department who is appealing the proposed adverse action of the TDCJ-CJAD director shall be designated as the petitioner. The division shall be designated as the respondent. Said request and complaint shall be sent to the officer, department director and/or administrative judge by registered or certified mail, return receipt requested and postage prepaid.(4) Division Representative. The general counsel of the Texas Department of Criminal Justice or his/her designee shall represent the division. The general counsel has authority over the manner and substance of the presentation of the division's case.(5) Representation for Petitioner. Any petitioner may appear and be represented by an attorney at law authorized to practice law in the State of Texas. The petitioner may appear on his own behalf or appearance may be made by his duly authorized representative.(6) Within 20 days of the receipt of the complaint the petitioner shall cause a response to be served on the division. The response shall specify which particulars of the complaint that the petitioner contests. In addition, the petitioner shall include any other defense and/or supporting factual statement in his response which was not previously raised by written pleading in the prior hearing. Said response shall be sent by certified mail, return receipt requested to the general counsel or his designee and to the clerk of the administrative law judge in accordance with subsection (h)(8)(A) of this section.(h) Administrative Hearing Procedures.(1) Notice of Hearing. The petitioner and other parties shall be given no less than 10 days notice of any scheduled hearing. Notice shall be sent by registered or certified mail, return receipt requested.(2) Motions for Consideration.(A) All motions for consideration must be filed with the clerk of the administrative law judge no fewer than five days prior to the date in which the matter is scheduled to be heard.(B) Any motion relating to a pending proceeding, unless made during a hearing, must be in writing and must specify the desired relief, the reason, and basis for this relief. If based upon matters which do not appear on record, it must be supported by affidavit.(C) If any party has appeared in the proceeding by attorney or other representative authorized to make an appearance, the attorney or other representative must be served. The willful failure of any party to make such service will be sufficient grounds for the administrative law judge to enter an order striking the pleading from the record.(3) Prehearing Conference. On the motion of the petitioner or the respondent or on his/her own motion, the administrative law judge may direct the parties and their attorneys or representative to appear before him at a specified time and place for a conference before the hearing for the purpose of formulating issues and considering:(A) the possibility of making admissions of certain averments of facts or stipulations to avoid the unnecessary introduction of proof;(B) the simplification of issues;(C) the procedure at the hearing;(D) the specification of the number of witnesses;(E) matters to be officially noted;(F) the mutual exchange of prepared testimony and exhibits;(G) the date discovery is to be closed; and(H) such other matters as may aid in the simplification of the proceedings and the disposition of the matters in controversy.(4) Discovery and Depositions.(A) Discovery shall be provided and governed by Texas Government Code, Chapter 2001, Subchapter D, (the Administrative Procedure Act), and where no conflict exists with said Act, with the Texas Rules of Civil Procedure.(B) Depositions shall be taken in accordance with the requirements of Texas Government Code, Chapter 2001, Subchapter D, (the administrative Procedure Act), and where no conflict exists with said Act, with the Texas rules of Civil Procedure.(C) On its own motion or on the written request of a party, and on deposit of an amount that will reasonably ensure payment of the amount estimated to accrue under Texas Government Code, §2001.103, the Texas Department of Criminal Justice shall issue a commission, addressed to the officers authorized by statute to take a deposition, requiring that the deposition of a witness be taken. The commission shall also authorize the issuance of any subpoena necessary to require that the witness appear and produce, at the time the deposition is taken, books, records, papers, or other objects that may be necessary and proper for the purpose of the hearing.(5) Rules of Evidence.(A) In hearings under these rules, irrelevant, immaterial, or unduly repetitious evidence shall be excluded. The rules of evidence as applied in non-jury civil cases in the district courts of the state shall be followed. However, evidence may be admitted if it is necessary to ascertain facts not reasonably susceptible of proof under the rules of evidence applicable to non-jury civil cases in district court, is not precluded by statute, and is of a type on which a reasonably prudent person commonly relies in the conduct of the person's affairs. Objections to evidentiary offers may be made and shall be noted in the record.(B) Documentary evidence may be received by the administrative law judge in the form of a copy or excerpt if the original is not readily available. On request, either party shall be given an opportunity to compare the copy with the original.(C) If a hearing will be expedited and the interests of the parties will not be prejudiced substantially, any part of the evidence may be received in written form or the parties may stipulate as to facts or circumstances or summarize same.(D) Either party may conduct cross-examination as required for a full and true disclosure of the facts.(E) On its own motion or on the written request of a party, the Texas Department of Criminal Justice shall issue a subpoena addressed to the sheriff or to a constable to require the attendance of a witness or the production of books, records, papers, or other objects that may be necessary and proper for the purposes of a proceeding if:(i) good cause is shown; and(ii) an amount is deposited that will reasonably ensure payment of the amounts estimated to accrue under Texas Government Code, §2001.103.(F) Official notice may be taken by the administrative law judge of all facts judicially cognizable and generally recognized facts within the area of the agency's specialized knowledge. Parties shall be notified either before or during the hearing, or by reference in preliminary reports or otherwise, of the material officially noticed, including any staff memoranda or data, and afforded an opportunity to contest the material so noticed.(G) Upon notifying all parties, the administrative law judge may communicate with division or agency employees who have not participated in the hearing, to use the special skills or knowledge of the division and agency and its staff in evaluating the evidence. The administrative law judge may allow all parties to be present during this communication and at his sole discretion, may allow parties to question the employee.(H) Ex parte consultations. Any information considered by the administrative law judge in deciding the contested case must be shared with all parties. Private (ex parte) consultations, whether oral or written, about the substantive issues of the contested case are allowed only if their substance is shared with all parties.(I) Formal exceptions to rulings of the administrative law judge during the hearing shall be unnecessary. It shall be sufficient that the party at the time any ruling is made or sought shall have made known to the administrative law judge the action desired. When testimony is excluded by the administrative law judge, the party offering such evidence shall be permitted to make an offer of proof by dictating or submitting in writing the substance of the proposed testimony prior to the conclusion of the hearing, and such offer of proof shall be sufficient to preserve the point for review. The administrative law judge may ask such questions of the witness as he deems necessary to satisfy himself that the witness would testify as represented in the offer of proof.(6) Recording of Proceedings.(A) The proceedings of the hearing shall be electronically recorded. Upon request of any party to the proceedings, a copy of such recording shall be made available to the requesting party at cost.(B) Any party to the proceedings may request the presence of a court reporter to record the proceedings. Selection and payment for the services of the reporter shall be borne by the requesting party. All costs of transcriptions of any recordings shall be at the expense of the requesting party. A transcription becomes official when certified by the administrative law judge.(7) Conduct of Hearings.(A) The administrative law judge is in charge of the proceedings. The administrative law judge has the authority to administer oaths, examine witnesses, direct the issuance of subpoenas, and rule on the admissibility of evidence and amendments to pleadings. He may also establish reasonable time limits for conducting individual hearings, request additional information, and issue intermediate orders. The administrative law judge has the authority to issue any orders necessary to enforce his rulings. These include, but are not limited to:(i) exclusion of evidence or witnesses;(ii) exclusion of oral argument;(iii) summary orders or default judgment on any issues; or(iv) postponement or dismissal of the hearing with or without prejudice.(B) The petitioner shall open and present its evidence to establish its position on the matters involved. The respondent shall follow and present its evidence. The petitioner and respondent may thereafter present rebuttal evidence only. The petitioner shall be given the opportunity to offer final argument and the respondent the opportunity to respond in final argument but no additional evidence shall be presented absent leave of the administrative law judge for good cause shown.(C) Continuances. Continuances may be granted by the administrative law judge hearing the contested case. Motions for continuance shall be governed by §155.33(b) and (c) of this title.(8) Miscellaneous(A) Place of Filing. All notices, pleadings, motions, answers, affidavits, and other filings in a contested case shall be filed with the State Office of Administrative Hearings at 300 West 15th Street, Suite 502, Austin, Texas 78701-1649.(B) Computation of Time. In computing any period of time prescribed or allowed by these rules, by order of the administrative judge, board, or division, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or legal holiday, in which event the period runs until the end of the next day which is not a Saturday, Sunday, or legal holiday.(C) Agreement to be in Writing. No stipulation or agreement between the parties or their representatives regarding any matter involved in any proceeding before the board, division, or administrative law judge may be enforced unless it is in writing and signed by the parties or their representatives or unless it is dictated into the record during the course of a hearing.(i) Final Decision.(1) The administrative law judge shall draft and recommend to the Texas Board of Criminal Justice a proposed final decision based solely on the record which addresses all matters presented at the hearing. The proposed decision shall include findings of fact and conclusions of law, separately stated. The draft and recommendation shall be forwarded to the Board with a copy sent to each party and referred to the subcommittee for division affairs for review.(2) After examination of the draft and recommendation and review of the record of the hearing, the subcommittee shall indicate whether it will accept or reject the recommendation of the administrative law judge. A copy of the proposed decision shall be served on all parties and an opportunity shall be afforded to the party adversely affected by the proposed decision to file exceptions and present a brief to the board. Said exceptions and brief shall be filed within 10 days after the date of service of the proposed decision of the subcommittee with a copy served on the opposing party. Replies to such exceptions shall be filed within 10 days after the date for filing of such exceptions with a copy served on the opposing party.(3) The Board and subcommittee shall base their decision solely on the record. The Board and subcommittee shall not substitute their judgment for that of the division. The Board and subcommittee shall affirm the proposed action of the division unless they find that the proposed action is unlawful, arbitrary, or not supported by substantial evidence in the record.(4) The Texas Board of Criminal Justice shall render a decision within 60 days after the draft and recommendation of the administrative law judge is served on all parties. The decision must be in writing, and each board member joining in the decision must sign it. A party in a contested case shall be notified of any decision of the Board and a copy of the decision shall be forwarded to all parties by registered or certified mail, return receipt requested within five days after the final signature. A copy of the decision shall also be forwarded to the attorney of record, if any, for the party in a contested case. The agency shall keep a copy of the decision and shall keep an appropriate record of the mailing.(5) A decision in a contested case is final: on the expiration of the period for filing a motion for rehearing if a motion for rehearing is not filed in time; on the date the order overruling the motion for rehearing is rendered or the motion is overruled by operation of law if a motion for rehearing is filed on time; or on the date the decision is rendered if the agency finds that an imminent peril to the public health, safety, or welfare requires immediate effect of a decision. If a decision becomes final on the date the decision is rendered, the decision must recite a finding that an imminent peril to the public health, safety, and welfare requires immediate effect of the decision and the fact that the decision is final and effective on the date rendered.(j) Motion for Rehearing.(1) In order to preserve error for judicial review, the party who is aggrieved by a decision of the Board must file a written motion for rehearing with the Board.(2) The motion for rehearing must be addressed to the Chairperson of the Board of Criminal Justice and must be filed with the Executive Assistant to the Chairperson of the Board at P.O. Box 13084, Capitol Station, Austin, Texas 78711 within 20 days after the date that the party or the party's attorney of record is notified of the Board's decision. A copy of the motion for rehearing must be served on the opposing party by certified mail, return receipt requested, on the same day that motion is filed with the Board.(3) A reply to a motion for rehearing must be filed with the Texas Board of Criminal Justice not later than 30 days after the date that the party or the party's attorney of record is notified of the Board's decision. A copy of this reply must be served on the opposing party by certified mail, return receipt requested on the same day that the reply is filed with the Board.(4) The Board shall either grant or deny the motion for rehearing within 45 days after the date that the decision is rendered. If the Board does not rule on the motion for rehearing, the motion is overruled by operation of law 45 days after the date the party or his attorney is notified of the decision of the Board.(5) The Board may by written order extend the time for filing a motion or reply or ruling on the motion for rehearing, except that an extension may not extend the period for Board action beyond the 90th day after the date on which the party or the party's attorney of record is notified of the Board's decision. In the event of an extension, a motion for rehearing is overruled by operation of law on the date fixed by the order or, in the absence of a fixed date, 90 days after the date on which the party or the party's attorney of record is notified of the Board's decision.(k) Record. The record in a hearing under these standards consists of:(1) a copy of the division's notice of proposed action that generated the appeal;(2) the request for assignment of administrative law judge;(3) the notice of hearing;(4) all pleadings, motions, and intermediate rulings;(5) evidence received or considered;(6) a statement of matters officially noticed;(7) questions and offers of proof, objections, and rulings on them;(8) proposed findings and exceptions;(9) any decision, opinion, or report by the administrative law judge presiding at the hearing;(10) all staff memoranda or data submitted to or considered by the administrative law judge or members of the agency who are involved in making the decision;(11) the recording and transcription, if any, of the proceedings;(12) the administrative law judge's draft and recommendation;(13) the recommendation of the subcommittee of the board;(14) the Board's decision;(15) the motion for rehearing and any replies to it; and(16) the Board's ruling on the motion for rehearing.</content><note type="source"><p>Source Note: The provisions of this §163.47 adopted to be effective August 16, 1995, 20 TexReg 5799; amended to be effective October 13, 1997, 22 TexReg 9896; amended to be effective June 20, 2002, 27 TexReg 5220.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p6/c195"><num value="195">CHAPTER 195</num><heading>PAROLE</heading><subchapter identifier="/us/state/tx/tac/t37/p6/c195/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p6/c195/sc/s195.41"><num value="195.41">§195.41</num><heading>Community Residential Facilities</heading><content>(a) General Administration.(1) Purpose. Community residential facilities (CRF) that are operated through a contract with the Texas Department of Criminal Justice (TDCJ or Agency) are to provide housing, training, education, rehabilitation and reformation of persons released to parole and mandatory supervision, or whose supervision has been continued or modified. Contractors shall comply with this rule and all contract requirements. This rule does not apply to transitional treatment centers.(2) Mission Statement. The facility director shall prepare and maintain a mission statement that describes the general purposes and overall goals of the facility's programs.(b) Building, Safety, Sanitation and Health Codes.(1) Compliance. The facility director shall ensure that the facility's construction, maintenance and operations complies with all applicable state, federal and local laws, building codes and regulations related to safety, sanitation and health. Records of compliance inspections, audits or written reports by internal and external sources shall be kept on file for examination and review by the TDCJ and other governmental agencies and authorities from program inception forward.(2) Sanitation. The facility director shall operate the facility in accordance with the sanitation plan described in the Operational Plan.(3) Physical Plant. The facility's buildings, including the improvements, fixtures, electric and heating and air conditioning, shall conform to all applicable building codes of federal, state and local laws, ordinances and regulations for physical plants and facilities housing residents.(4) Fires. The facility, its furnishings, fire protection equipment and alarm system shall comply with the regulations of the fire authority having jurisdiction. Fire drills shall be conducted at least monthly. There shall be a written evacuation plan to be used in the event of a fire. The plan is to be certified by an independent qualified governmental agency or department or individual trained in the application of national and state fire safety codes. Such plan shall be reviewed annually, updated if necessary, and reissued to the local fire jurisdiction. Fire safety equipment located at the facility shall be tested as specified by the manufacturer or the fire authority, whichever is more frequent. An annual inspection of the facility shall be conducted by the fire authority having jurisdiction or other qualified person(s).(5) Emergency Plan. There shall be a written emergency plan for the facility and its operations, which includes an evacuation plan, to be used in the event of a major flood, storm or other emergencies. This plan shall be reviewed annually and updated, if necessary. All facility personnel shall be trained in the implementation of the written emergency plan. The emergency plan shall include the following:(A) Location of buildings/room floor plan;(B) Use of exit signs and directional arrows that are easily seen and read; and(C) Location(s) of publicly posted plan.(c) Program and Service Areas.(1) Space and Furnishings. The facility shall have space and furnishings to accommodate activities such as group meetings, private counseling, classroom activities, visitation, recreation and office space for the TDCJ staff.(2) Housekeeping and Maintenance. The facility director shall ensure the facility is clean and in good repair, and a housekeeping and maintenance plan is in effect.(3) Other Physical Environment and Facilities Issues. In each facility:(A) Space shall be provided for janitor closets which are equipped with cleaning implements and kept locked at all times when not in use;(B) There shall be storage areas in the facility for clothing, bedding and cleaning supplies;(C) There shall be clean, usable bedding, linens and towels for new residents with provision for exchange or laundering on at least a weekly basis; and(D) On an emergency or indigent basis, the facility shall provide personal hygiene articles.(E) There shall be adequate control of vermin and pests;(F) There shall be timely trash and garbage removal; and(G) Sanitation and safety inspections of all internal and external areas and equipment shall be performed and documented on a routine basis to protect the health and safety of all residents, staff and visitors.(d) Supervision.(1) Operations Manual. An operations manual shall be prepared for and used by each CRF which shall contain information and specify procedures and policies for resident census, contraband, supervision, physical plant inspection and emergency procedures, including detailed implementation instructions. The operations manual shall be accessible to all employees and volunteers. The operations manual shall be submitted to the TDCJ Private Facility Contract Monitoring/Oversight Division (PFCMOD) for review and approval. The facility director shall ensure that the operations manual is reviewed at least every two (2) years, and new or revised policies and procedures are submitted to the PFCMOD for review and approval. The operations manual shall be made available, including all changes, to designated staff and volunteers prior to implementation.(2) Staffing Availability. The facility director shall ensure that the facility has the staff needed to provide coverage of designated security posts, surveillance of residents and to perform ancillary functions. Each contract shall have a staffing plan approved by the TDCJ prior to offender arrival.(3) Activity Log. The facility director shall ensure that CRF staff maintain an activity log and prepare shift reports that record, at minimum, emergency situations, unusual situations and incidents and all absences of residents from a facility.(4) Use of Force. The facility director shall ensure that a CRF has written policies, procedures and practices that restrict the use of physical force to instances of self-protection, protection of residents or others or prevention of property damage. In no event shall the use of physical force against a resident be justifiable as punishment. A written report shall be prepared following all uses of force, and promptly submitted to the PFCMOD and facility director for review and follow-up. The application of restraining devices, aerosol sprays, chemical agents, etc. shall only be accomplished by an individual who is properly trained in the use of such devices and only in an emergency situation for self-protection, protection of others or other circumstances as described previously.(5) Access to Facility. The facility shall be secured to prevent unrestricted access by the general public or others without proper authorization.(6) Control of Contraband/Searches. All facilities shall incorporate into the facility operations manual a list of authorized items offenders are allowed to possess while a resident of the facility. All incoming residents shall receive a copy of this list during the intake/orientation process, along with a written explanation of the provisions of Texas Penal Code, §38.114, which states that any resident found to possess any item not provided by, or authorized by the facility director, or any item authorized or provided by the facility that has been altered to accommodate a use other than the originally intended use, may be charged with a Class C misdemeanor. Any employee or volunteer who provides contraband to a resident of a CRF may be charged with a Class B misdemeanor. There shall also be policies defining facility shakedowns, strip searches and pat searches of residents to control contraband and provide for its disposal.(7) Levels of Security. The facility director shall ensure that appropriate levels of security are maintained for the population served by the facility at all times. These levels of security shall create, at minimum, a monitored and structured environment in which a resident's interior and exterior movements and activities can be supervised by specific destination and time.(8) Exterior Movements. At the discretion of the facility director or designee in conjunction with the Parole Division Regional Director or designee, residents of a CRF may be granted exterior movements. Exterior movements include, but are not limited to employment programs, community service restitution, support/treatment programs and programmatic incentives. The following minimum requirements shall be met for all exterior movements:(A) The facility director or designee in conjunction with the Parole Division Regional Director or designee approves the exterior movement;(B) A staff member orally advises the resident of the conditions and limitations of the exterior movement;(C) The resident acknowledges in writing an understanding of the conditions and limitations of the exterior movement; and(D) Exterior movements involving programmatic incentives may only be granted if the following additional requirements are met:(i) The resident meets all established requirements for the programmatic incentive, as determined by the supervisor of the program, and submits a written request for the exterior movement;(ii) The requested absence shall not exceed 24 hours unless there are unusual circumstances;(iii) The resident provides an itinerary for the absence including method of travel, departure and arrival times and locations during the exterior movement;(iv) The facility director or designee in conjunction with the Parole Division Regional Director or designee approves the itinerary and establishes the conditions of the exterior movement involving programmatic incentives; and(v) A staff member shall make random announced or unannounced personal or telephone contacts with the resident to verify the location of the resident during the exterior movement.(9) Emergency Furloughs. At the discretion of the Parole Division Regional Director or designee, a resident may be granted an emergency furlough for the purpose of allowing a resident to attend a funeral, visit a seriously ill person, obtain medical treatment or attend to other exceptional business. Emergency furloughs may only be granted if the following conditions are met:(A) The resident submits a written request for the emergency furlough;(B) The facility director or designee verifies through an independent source including, but not limited to a physician, Red Cross representative, minister, rabbi, priest or other spiritual leader that the presence of the resident is appropriate;(C) The resident provides a proposed itinerary including method of travel, departure and arrival times and locations during the emergency furlough;(D) The requested absence shall not exceed 24 hours unless there are unusual circumstances; and(E) The Parole Division Regional Director or designee approves the itinerary and establishes the conditions of the emergency furlough.(10) The CRF shall ensure that Spanish language assistance and the translation of selected documents are provided for Spanish-speaking residents who cannot speak or read English.(e) Resident Abuse, Neglect and Exploitation. The facility shall protect the residents from abuse, neglect and exploitation. In accordance with the Prison Rape Elimination Act of 2003 (Public Law 108-79), all CRFs shall establish a zero tolerance standard for the incidence of sexual assault. Each facility shall make prevention of offender sexual assault a top priority. The CRFs shall have policies and procedures in accordance with any national standards published by the Attorney General of the United States. These policies and procedures shall include, but not be limited to the following:(1) Detection, prevention, reduction and punishment of offender sexual assault;(2) Standardized definitions to record accurate data regarding the incidence of offender sexual assault;(3) A disciplinary process for facility staff who fail to take appropriate action to detect, prevent and reduce sexual assaults, to punish residents guilty of sexual assault and to protect the Eighth Amendment rights of all facility residents; and(4) Notification to the TDCJ in accordance with AD-16.20, "Reporting Incidents to the Office of the Inspector General" and AD-02.15, "Operations of the Emergency Action Center and Reporting Procedures for Serious or Unusual Incidents."(f) Rules and Discipline. There shall be documentation of program rule violations and the disciplinary process.(1) Rules of Conduct. All incoming residents and staff shall receive written rules of conduct which specify acts prohibited within the facility and penalties that can be imposed for various degrees of violation.(2) Limitations of Corrective Actions. Specific limits on corrective actions and summary punishment shall be established and strictly adhered to in an effort to reduce the potential of staff participating in abusive behavior towards residents. Limits shall include:(A) Notwithstanding the provisions in subsection (d)(4) of this rule, no physical contact by staff shall be made on a resident;(B) No profanity, sexual or racial comments shall be directed at residents by staff;(C) Residents shall not be used to impose corrective actions on other residents;(D) The severity of the corrective action shall be commensurate with the severity of the infraction; and(E) The duration of corrective action shall be limited to the minimum time necessary to achieve effectiveness.(3) Grievance Procedure. A grievance procedure shall be available to all residents in a CRF. The grievance procedure shall include at least one (1) level of appeal and shall be evaluated at least annually to determine its efficiency and effectiveness.(4) Spanish translations of the disciplinary rules and procedures shall be provided for Spanish-speaking residents who cannot speak or read English.(g) Incident Notification. The facility director or designee shall notify the TDCJ of all serious or unusual events pertaining to the facility's operations and staff in accordance with directives and/or policies issued by the TDCJ.(h) Residents' Rights. Residents shall be granted access to courts and any attorney licensed in the United States or a legal aid society (an organization providing legal services to residents or other persons) contacting the resident in order to provide legal services. Such contacts include, but are not limited to: confidential telephone communications, uncensored correspondence and confidential visits.(i) Food Service. The food preparation and designated dining area shall provide space for meal service based on the population size and need.(1) Dietary Allowances. Meals shall be approved and reviewed annually by a registered dietician, licensed nutritionist, registered nurse with a minimum of a Bachelor of Science degree in nursing, physician assistant, or physician to ensure that the meals meet the nationally recommended allowances for basic nutrition.(2) Special Diets. Each facility shall provide special diets as prescribed by appropriate medical or dental personnel.(3) Food Service Management. Food service operations shall meet all requirements established by the local health authorities and/or the TDCJ policies.(4) Meal Requirements. The facility director shall ensure that at least three (3) meals are provided during each 24-hour period. Variations may be allowed based on weekend and holiday food service demands, or in the event of emergency or security situations, provided basic nutritional goals are met.(j) Health Care.(1) Access to Care.(A) Residents shall have unimpeded access to health care and to a system for processing complaints regarding health care.(B) The facility shall have a designated health authority with responsibility for health care pursuant to a written agreement, contract or job description. The health authority may be a physician, health administrator or health agency. In the event that the designated health authority is a free community health clinic (one which provides services to everyone in the community regardless of ability to pay), then the CRF is not required to enter into a written contract or agreement. A copy of the mission statement of the free community health clinic and a copy of the criteria for admission shall be on file in lieu of a contract between the two (2) agencies.(C) Each CRF shall have a policy defining the level, if any, of financial responsibility to be incurred by the resident who receives the medical or dental services.(2) Emergency Health Care.(A) Twenty-four hour emergency health care shall be provided for residents, to include arrangements for the following:(i) On site emergency first aid and crisis intervention;(ii) Emergency evacuation of the resident from the facility;(iii) Use of an emergency vehicle;(iv) Use of one (1) or more designated hospital emergency rooms or other appropriate health facilities;(v) Emergency on-call services from a physician, advanced practice nurse or physician assistant, a dentist and a mental health professional when the emergency health facility is not located in a nearby community; and(vi) Security procedures providing for the immediate transfer of residents, when appropriate.(B) A training program for direct care personnel shall be established by a recognized health authority in cooperation with the facility director that includes the following:(i) Signs, symptoms and action required in potential emergency situations;(ii) Administration of first aid and cardiopulmonary resuscitation (CPR);(iii) Methods of obtaining assistance;(iv) Signs and symptoms of mental illness, retardation and chemical dependency; and(v) Procedures for patient transfers to appropriate medical facilities or health-care providers.(C) First aid kits shall be available in designated areas of the facility. Contents and locations shall be approved by the health authority.(3) Serious and Infectious Diseases.(A) The facility shall provide for the management of serious and infectious diseases.(B) The CRFs shall have policies and procedures to direct actions to be taken by employees concerning residents who have been diagnosed with human immunodeficiency virus (HIV), including, at minimum, the following:(i) When and where residents shall be tested;(ii) Appropriate safeguards for staff and residents;(iii) Staff and resident training;(iv) Issues of confidentiality; and(v) Counseling and support services.(4) Dental Care. Access to dental care shall be made available to each resident.(5) Medications--General Guidelines.(A) Staff who dispense medication shall be properly credentialed and trained. Staff that supervise self-administration of medication shall be appropriately trained to perform the task.(B) Policy and procedure shall direct the possession and use of controlled substances, prescribed medications, supplies and over-the-counter (OTC) drugs. Prescribed medications shall be dispensed according to the directions of the prescribing physician, advanced practice nurse or physician assistant.(C) Each residential facility shall have a written policy in place that sets forth required procedural guidelines for the administration, documentation, storage, management, accountability of all resident medication, inventory, disposal of medications, handling medication errors and adverse reactions.(D) If medications are distributed by facility staff, records shall be maintained and audited monthly and shall include, but not be limited to the date, time, name of the resident receiving the medication and the name of the staff distributing the medication.(E) Each facility shall ensure that the phone number of a pharmacy and a comprehensive drug reference source is readily available to the staff.(6) Medication Storage.(A) Prescription and OTC medications shall be kept in locked storage and accessible only to staff who are authorized to provide medication. Syringes, needles and other medical supplies shall also be kept in locked storage.(B) All controlled/scheduled drugs shall be stored under double lock and key.(C) Each facility shall ensure that all medications, syringes and needles are stored in the original container.(D) Medications labeled as internal and external only shall not be stored together in the same medication box or medication drawer.(E) Sample prescription medications provided by physicians shall be stored with proper labeling information that includes the name of the medication; name of the prescribing physician, advanced practice nurse or physician assistant; date prescribed; and dosage instructions.(F) Medications that require refrigeration shall be stored in a refrigerator designated for medications only. A thermometer shall be maintained inside the refrigerator with the temperature checked and recorded daily on a temperature log.(G) Medications that are discontinued, have expired dates or are no longer in use shall be stored in a separate locked container or drawer until destroyed.(H) Facilities that allow residents to keep medications in the resident's possession shall have written guidelines specific for keep-on-person (KOP) medications. Staff shall ensure that authorized residents keep medication on their person or safely stored and inaccessible to other residents.(7) Medication Inventory and Disposal.(A) Facility staff shall conduct an inventory count of all controlled/scheduled prescription medications daily (at a minimum, once per 24-hour period). The count shall be conducted and witnessed by one (1) other staff member. Documentation of inventory counts shall be maintained for a minimum period of three (3) years.(B) The facility shall conduct a monthly inventory of all prescription and OTC drugs provided to or purchased by the resident. The monthly audit shall be conducted by a staff person who is not responsible for conducting the daily inventory counts.(C) A monthly audit shall be conducted of all medication administration records to verify the accuracy of recorded information. The monthly audit of medication administration records shall be conducted by a staff person who is not responsible for the documentation of medication administration records.(D) When a discrepancy is noted between the medication administration record and the monthly inventory count, documentation explaining the reason for the discrepancy and action taken to correct it shall be recorded. In the event an inventory count reveals unaccounted for controlled/scheduled medication, an investigation shall be conducted and a summary report written detailing the steps taken to resolve the matter. Until the discrepancy is resolved, an inventory count shall be conducted three (3) times daily (after each shift). The summary report shall be maintained for a minimum period of three (3) years. If misapplication, misuse or misappropriation of controlled/scheduled medication leads to an investigation by law enforcement, such information shall be reported pursuant to subsection (g) of this rule.(E) Discontinued and outdated medications shall be removed from the current medication storage, stored in a separate locked container and disposed of within 30 days. The drugs designated for disposal shall be recorded on a drug disposal form.(F) Methods used for drug disposal shall prevent medication from being retrieved, salvaged or used in any way. The disposal of drugs shall be conducted, documented and the process witnessed by one (1) other staff member. The documentation shall include:(i) Name of the resident and date of disposal;(ii) Name and strength of the medication;(iii) Prescription number, sample or OTC lot numbers;(iv) Amount disposed, reason for disposal and the method of disposal; and(v) Signatures of the two (2) staff members that witnessed the disposal.(8) Administration of Medication for Non-Medical Model Facilities.(A) Prescription medications shall be dispensed only by licensed nurses or other staff who are trained and have the appropriate documented medication certification to dispense medications while under the supervision of a physician or registered nurse. Facilities that do not have licensed nurses or other credentialed staff to dispense medications (non-medical model facilities) shall implement the practice of self-administration of medications.(B) If medications are dispensed through the practice of self-administration in a non-medical model program, staff trained by a qualified health professional to supervise residents in the self-administration of medications shall monitor the residents during the self-administration process.(C) Each dose of prescription medication received by the resident shall be documented on the prescription medication administration record and maintained in the resident's medical file. The prescription medication record shall include:(i) Name of the resident receiving the medication;(ii) Drug allergies or the absence of known drug allergies;(iii) Name, strength of medication and route of administration;(iv) Instructions for taking the medication, the amount taken and the route of administration;(v) Date and time the medication was provided;(vi) Prescription number (or lot number for sample drugs) and the initial amount of medication received;(vii) Prescribing physician, advanced practice nurse or physician assistant and the name of the pharmacy;(viii) Signature of the resident receiving the medication and the staff person supervising the self-administration of medication;(ix) The remaining amount of medication after each dose dispensed; and(x) Comment section for recording a variance, discrepancy or change.(D) Each dose of OTC medication received by the resident shall be documented on the OTC medication administration record and maintained in the resident's medical file. The OTC drugs purchased by the resident or supplied for the resident in quantities larger than single dose packages shall be recorded on the OTC drug record. The OTC drug record shall include:(i) The resident's name;(ii) The name and strength of the medication dispensed;(iii) Drug allergies or the absence of known drug allergies;(iv) The dosage instructions and route of administration;(v) The initial amount received, OTC lot number and the expiration date;(vi) The date and time the medication was dispensed;(vii) The amount dispensed and the ending count after each dose;(viii) Comment section for recording reason for OTC drug or other notations; and(ix) The signature of the resident and the employee who supervised each dose dispensed.(E) Facility Stock OTC Drugs. Multiple OTC stock drugs supplied in single dose packaging may be recorded on the same form. The medication drug record for facility stock OTC drugs shall include:(i) The resident's name;(ii) The name, strength and route of administration;(iii) Drug allergies or the absence of known drug allergies;(iv) The date, time, amount dispensed and the lot number on the container;(v) Comment section to record the reason the OTC drug was requested; and(vi) The signature of the resident and the employee who supervised each dose dispensed.(9) Training for Monitoring Self-Administration of Medications. All residential employees responsible for supervising residents in self-administration of medication, who are not credentialed to dispense medication, shall complete required training before performing this task.(A) The initial training for new employees shall be four (4) hours in length.(B) Employees shall complete a minimum of two (2) hours of review training annually thereafter.(C) The training shall be provided by a physician, pharmacist, physician assistant or registered nurse before supervising self-administration of medications. A licensed vocational nurse (LVN) or paramedic (under supervision) may teach the course from an established curriculum. Topics to be covered shall include:(i) Prescription labels;(ii) Medical abbreviations;(iii) Routes of administration;(iv) Use of drug reference materials;(v) Monitoring/observing insulin preparation and administration;(vi) Storage, maintenance, handling and destruction of medication;(vii) Transferring information from prescription labels to the medication administration record and documentation requirements, including sample medications; and(viii) Procedures for medication errors, adverse reactions and side effects.(10) Female Residents. If female residents are housed, access to pregnancy management services shall be available.(11) Mental Health. Access to mental health services shall be available to residents.(12) Suicide Prevention. Each facility shall have a written suicide prevention and intervention program reviewed and approved by a qualified medical or mental health professional. All staff with resident supervision responsibilities shall be trained in the implementation of the suicide prevention program.(13) Personnel.(A) If treatment is provided to residents by health-care personnel other than a physician, psychiatrist, dentist, psychologist, optometrist, podiatrist or other independent provider, such treatment shall be performed pursuant to written standing or direct orders by personnel authorized by law to give such orders.(B) If the facility provides medical treatment, personnel who provide health-care services to residents shall be qualified and appropriately licensed. Verification of current credentials and job descriptions shall be on file in the facility. Appropriate state and federal licensure, certification or registration requirements and restrictions apply.(14) Informed Consent. If the facility provides medical treatment, the facility shall ensure residents are provided information to make medical decisions with informed consent. All informed consent standards in the jurisdiction shall be observed and documented for resident care.(15) Participation in Research. Residents shall not participate in medical, pharmaceutical or cosmetic experiments. This does not preclude individual treatment of a resident based on resident's need for a specific medical procedure that is not generally available.(16) Notification. Individuals designated by the resident shall be notified in case of serious illness, injury or death.(17) Health Records.(A) If medical treatment is provided by the facility, accurate health records for residents shall be maintained separately and confidentially.(B) If medical treatment is provided by the facility, the method of recording entries in the records, the form and format of the records, and the procedures for maintenance and safekeeping shall be approved by the health authority.(C) If medical treatment is provided by the facility for a resident being transferred to another facility, summaries or copies of the medical history record shall be forwarded to the receiving facility prior to or at arrival.(k) Discharge From CRFs. Discharge from CRFs shall be based on the following criteria:(1) The resident has made alternative housing arrangements as approved by the supervising parole officer;(2) The resident has satisfied a period of placement as a condition of parole or mandatory supervision;(3) The resident has demonstrated non-compliance with program criteria or Board order; or(4) The resident manifests an emergency medical or mental problem that requires hospitalization.(l) Mail, Telephone and Visitation. The facility director shall have written policies which govern the facility's mail, telephone and visitation privileges for residents, including mail inspection, public phone use and routine and special visits. The policies shall address compelling circumstances in which a resident's mail both incoming and outgoing may be opened, but not read, to inspect for contraband.(m) Religious Programs.(1) The facility director shall have written policies that govern religious programs for residents. The policies shall provide that residents have the opportunity to voluntarily practice the requirements of a resident's religious faith, have access to worship/religious services and the use or contact with community religious resources, when appropriate.(2) Under Texas Civil Practice & Remedies Code, Chapter 110, a CRF may not substantially burden a resident's free exercise of religion unless the application of the burden is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. There is a presumption that a policy or practice that applies to a resident in the custody of a CRF is in furtherance of a compelling governmental interest and is the least restrictive means of furthering that interest. The presumption may be rebutted with evidence provided by the resident.</content><note type="source"><p>Source Note: The provisions of this §195.41 adopted to be effective March 10, 2009, 34 TexReg 1715.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c195/sc/s195.61"><num value="195.61">§195.61</num><heading>Method of Payment for Parole Supervision and Administrative Fees</heading><content>The Parole Division shall collect all parole supervision and other administrative fees from offenders released on parole and mandatory supervision required to pay such fees. The method of payment required of such offenders shall be in the form of a money order or certified cashier's check payable to the Texas Department of Criminal Justice or electronic means approved by the department.</content><note type="source"><p>Source Note: The provisions of this §195.61 adopted to be effective February 20, 2006, 31 TexReg 1051; amended to be effective May 2, 2011, 36 TexReg 2734.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c195/sc/s195.71"><num value="195.71">§195.71</num><heading>Drug and Alcohol Testing Program</heading><content>(a) Purpose: The Parole Division shall develop a policy regarding the drug and alcohol testing of releasees who are required by the Texas Board of Pardons and Paroles to submit to drug and alcohol testing as a condition of supervision.(b) Criteria for Testing: Releasees shall be tested for the major drugs of abuse and alcohol in any combination deemed appropriate by the Parole Division. A periodic evaluation shall determine the need to change testing patterns and the drugs identified for testing. All testing shall be completed in accordance with the manufacturer's test instructions.(c) Training: The Parole Division staff shall be trained to accurately collect specimens and interpret the test results.(d) Safety: The Parole Division shall develop adequate infection control and safety precautions in the administration of the drug and alcohol testing program.(e) Chain of Custody: The Parole Division shall document the chain of custody when submitting specimens for confirmation testing. In addition:(1) The specimen collection shall be observed by the parole officer and analyzed in the presence of the releasee being supervised. The specimen shall be accurately labeled.(2) Samples shall not be tampered with prior to analysis or confirmation testing.(3) Samples not sent for confirmation testing shall be properly discarded by the offender submitting the specimen.(4) When the transfer of a specimen is required, the specimen shall remain secured and refrigerated or stored in accordance with the manufacturer's instructions if the analysis is delayed.(5) The analysis procedure shall use quality control measures that withstand expert scrutiny. Suppliers of equipment or testing supplies must be able to provide oversight personnel with technical data on the functions and limitations of their products.(f) Admission of Use Form(1) Releasees subject to drug and alcohol testing shall be given an opportunity to admit to the use of drugs or alcohol and may waive the testing requirement. Releasees shall be informed verbally and in writing that admission of drug or alcohol use or the detection of use of those substances through testing may result in additional sanctions, including revocation. Based on resource availability and releasee compliance, parole officers shall attempt to secure treatment and counseling services for releasees who have used drugs or alcohol. A releasee, who admits to the use of drugs or alcohol, shall acknowledge this fact by signing an Admission of Use form.(2) The Admission of Use form shall contain a provision that the releasee authorized the release of the results of testing or the admission of use to appropriate treatment providers for the sole purpose of providing adequate treatment and counseling services. Testing and admission of use information shall be treated as confidential information except in circumstances described previously and permitted by the releasee by signed authorization on the Admission of Use form.(g) Data Collection: The Parole Division shall collect data for statistical analysis and evaluation of the drug and alcohol testing program.</content><note type="source"><p>Source Note: The provisions of this §195.71 adopted to be effective June 10, 1991, 16 TexReg 2956; amended to be effective June 9, 1998, 23 TexReg 5991; amended to be effective May 2, 2011, 36 TexReg 2734; amended to be effective March 13, 2016, 41 TexReg 1713.</p></note></section><section identifier="/us/state/tx/tac/t37/p6/c195/sc/s195.81"><num value="195.81">§195.81</num><heading>Temporary Housing Assistance Program</heading><content>(a) Purpose. The temporary housing assistance program is intended primarily to provide housing assistance for offenders who have been approved for parole, but have no home plan, and to assist offenders in the transition from community residential facilities and transitional treatment centers. The Texas Department of Criminal Justice (TDCJ) is authorized to pay for temporary housing for any offender who has insufficient financial and residential resources when released on parole or mandatory supervision on or after January 1, 2010.(b) Criteria for Temporary Housing Assistance.(1) Temporary housing assistance may only be provided if the TDCJ does not operate or contract for the operation of a residential correctional facility in the offender's legal county of residence. A residential correctional facility does not include a transitional treatment center, a substance abuse felony punishment facility, or any other facility operated by or under contract with the TDCJ for the primary purpose to provide substance abuse treatment or aftercare.(2) The temporary housing must have existed on June 1, 2009, as either a multifamily residence or a motel unless the TDCJ or the owner of the structure provides notice and has a public meeting as required for a community corrections facility on the issue of whether the use is appropriate.(3) An offender's family, personal sponsors, or anyone on community supervision, parole, or mandatory supervision, or persons required to register as a sex offender are not eligible to provide housing for temporary housing assistance.(c) Temporary Housing Site Approval.(1) Any provider that wants to provide temporary housing for an offender shall contact the TDCJ Parole Division, Huntsville Placement and Release Unit, 1650 7th St., West Building, Huntsville, Texas 77320.(2) The TDCJ shall investigate and approve the sites it deems appropriate. Factors considered shall include whether:(A) The site is located within range of public transportation routes, or transportation is provided by the provider to job interviews, employment, housing searches, and counseling appointments.(B) The site is located within 1,000 feet of premises where children commonly gather, including a school, day care facility, playground, public or private youth center, public swimming pool, or video arcade facility.(C) The site is properly maintained and clean.(D) The provider rules are consistent with parole rules and conditions of supervision.(3) The TDCJ shall maintain a list of all providers and sites that have been approved for temporary housing.(d) Offender Selection and Placement.(1) The TDCJ shall not discriminate against any offender because of race, color, religion, gender, national origin, age, disability, or genetic information.(2) An offender released on parole or mandatory supervision on or after January 1, 2010, with insufficient financial and residential resources, shall be considered for temporary housing assistance.(3) An offender released on parole or mandatory supervision on or after January 1, 2010, who is residing in a community residential facility or transitional treatment center and who demonstrates progress toward self-sufficiency, may also be considered for temporary housing assistance if it appears they will become capable of meeting their own financial needs. The TDCJ shall consider whether the offender has:(A) A savings or trust fund account balance;(B) Current or prospective employment;(C) An employment history;(D) Vocational skills; and(E) A level of educational achievement above the sixth grade.(4) An offender shall only receive temporary housing assistance at sites in the county in which the offender resided at the time of committing the offense for which the offender was sentenced to the TDCJ or in the county of conviction if not a resident of the state at the time of conviction.</content><note type="source"><p>Source Note: The provisions of this §195.81 adopted to be effective May 2, 2010, 35 TexReg 3287; amended to be effective March 4, 2012, 37 TexReg 1364; amended to be effective July 26, 2017, 42 TexReg 3651.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p7"><num value="7">PART 7</num><heading>TEXAS COMMISSION ON LAW ENFORCEMENT</heading><chapter identifier="/us/state/tx/tac/t37/p7/c211"><num value="211">CHAPTER 211</num><heading>ADMINISTRATION</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c211/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.1"><num value="211.1">§211.1</num><heading>Definitions</heading><content>(a) The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.(1) Academic alternative program--A program for college credit offered by a training provider recognized by the Southern Association of Colleges and Schools or its successors and the Texas Higher Education Coordinating Board, authorized by the commission to conduct preparatory law enforcement training as part of a degree plan program, and consisting of commission-approved curricula.(2) Academic provider--A school, accredited by the Southern Association of Colleges and Schools or its successors and the Texas Higher Education Coordinating Board, which has been approved by the commission to provide basic licensing courses.(3) Accredited college or university--An institution of higher education that is accredited or authorized by the Southern Association of Colleges and Schools, the Middle States Association of Colleges and Schools, the New England Association of Schools and Colleges, the North Central Association of Colleges and Schools, the Northwest Commission on Colleges and Universities, the Western Association of Schools and Colleges or its successors, or an international college or university evaluated and accepted by a United States accredited college or university.(4) Active--A license issued by the commission that meets the current requirements of licensure and training as determined by the commission.(5) Administrative Law Judge (ALJ)--An administrative law judge appointed by the chief administrative law judge of the State Office of Administrative Hearings.(6) Agency--A law enforcement unit or other entity, whether public or private, authorized by Texas law to appoint a person licensed or certified by the commission.(7) Appointed--Elected or commissioned by an agency as a peace officer, reserve or otherwise selected or assigned to a position governed by the Texas Occupations Code, Chapter 1701, without regard to pay or employment status.(8) Background investigation--An investigation completed by the enrolling or appointing entity into an applicant's personal history as set forth in §217.1(b)(10).(9) Basic licensing course--Any current commission developed course that is required before an individual may be licensed by the commission.(10) Certified copy--A true and correct copy of a document or record certified by the custodian of records of the submitting entity.(11) Chief administrator--The head or designee of a law enforcement agency.(12) Commission--The Texas Commission on Law Enforcement.(13) Commissioned--Has been given the legal power to act as a peace officer or reserve, whether elected, employed, or appointed. (14) Commissioners--The nine commission members appointed by the governor.(15) Contract jail--A correctional facility, operated by a county, municipality or private vendor, operating under a contract with a county or municipality, to house inmates convicted of offenses committed against the laws of another state of the United States, as provided by Texas Government Code, §511.0092.(16) Contract Jailer--A person licensed as a Jailer in a Contract Jail or employed by an agency outside of a County Jail whose employing agency provides services inside of a County Jail which would require the person to have a Jailer License.(17) Contractual training provider--A law enforcement agency or academy, a law enforcement association, alternative delivery trainer, distance education, academic alternative, or proprietary training provider that conducts specific education and training under a contract with the commission.(18) Convicted--Has been adjudged guilty of or has had a judgment of guilt entered in a criminal case that has not been set aside on appeal, regardless of whether:(A) the sentence is subsequently probated and the person is discharged from probation;(B) the charging instrument is dismissed and the person is released from all penalties and disabilities resulting from the offense; or(C) the person is pardoned, unless the pardon is expressly granted for subsequent proof of innocence.(19) Community supervision--Any court-ordered community supervision or probation resulting from a deferred adjudication or conviction by a court of competent jurisdiction. However, this does not include supervision resulting from a pretrial diversion.(20) Diploma mill--An entity that offers for a fee with little or no coursework, degrees, diplomas, or certificates that may be used to represent to the general public that the individual has successfully completed a program of secondary education or training.(21) Distance education--Study, at a distance, with an educational provider that conducts organized, formal learning opportunities for students. The instruction is offered wholly or primarily by distance study, through virtually any media. It may include the use of: videotapes, DVD, audio recordings, telephone and email communications, and Web-based delivery systems.(22) Duty ammunition--Ammunition required or permitted by the agency to be carried on duty.(23) Executive director--The executive director of the commission or any individual authorized to act on behalf of the executive director.(24) Experience--Includes each month, or part thereof, served as a peace officer, reserve, jailer, telecommunicator, or federal officer. Credit may, at the discretion of the executive director, be awarded for relevant experience from an out-of-state agency.(25) Family Violence--In this chapter, has the meaning assigned by Chapter 71, Texas Family Code.(26) Field training program--A program intended to facilitate a transition from the academic setting to the performance of the general duties of the appointing agency.(27) Firearms--Any handgun, shotgun, precision rifle, patrol rifle, or fully automatic weapon that is carried by the individual officer in an official capacity. Conducted energy devices (CEDs) are not firearms.(28) Firearms proficiency--Successful completion of the annual firearms proficiency requirements.(29) Fit for duty review--A formal specialized examination of an individual, appointed to a position governed by the Texas Occupations Code, Chapter 1701, without regard to pay or employment status, to determine if the appointee is able to safely and/or effectively perform essential job functions. The basis for these examinations should be based on objective evidence and a reasonable basis that the cause may be attributable to a medical and/or psychological condition or impairment. Objective evidence may include direct observation, credible third party reports; or other reliable evidence. The review should come after other options have been deemed inappropriate in light of the facts of the case. The selected Texas licensed medical doctor or psychologist, who is familiar with the duties of the appointee, conducting an examination should be consulted to ensure that a review is indicated. This review may include psychological and/or medical fitness examinations.(30) Full-time peace officer--a peace officer who:(A) works as a peace officer on average at least 32 hours per week, exclusive of paid vacation; and(B) is compensated at least at the federal minimum wage and is entitled to all employee benefits offered to a peace officer by the appointing law enforcement agency or its governing body.(31) High School Diploma--An earned high school diploma from a United States high school, an accredited secondary school equivalent to that of United States high school, or a passing score on the general education development test indicating a high school graduation level. Documentation from diploma mills is not acceptable.(32) Home School Diploma--An earned diploma from a student who predominately receives instruction in a general elementary or secondary education program that is provided by the parent, or a person in parental authority, in or through the child's home. (Texas Education Code §29.916)(33) Honorably Retired Peace Officer--An unappointed person with a Texas Peace Officer license who has a cumulative total of 15 years of full-time service as a Peace Officer. An Honorably Retired Peace Officer does not carry any Peace Officer authority.(34) Individual--A human being who has been born and is or was alive.(35) Jailer--A person employed or appointed as a jailer under the provisions of the Local Government Code, §85.005, or Texas Government Code §511.0092.(36) Killed in the line of duty--A death that is the directly attributed result of a personal injury sustained in the line of duty.(37) Law--Including, but not limited to, the constitution or a statute of this state, or the United States; a written opinion of a court of record; a municipal ordinance; an order of a county commissioners' court; or a rule authorized by and lawfully adopted under a statute.(38) Law enforcement academy--A school operated by a governmental entity which may provide basic licensing courses and continuing education under contract with the commission.(39) Law enforcement automobile for training--A vehicle equipped to meet the requirements of an authorized emergency vehicle as identified by Texas Transportation Code §546.003 and §547.702. (40) Less lethal force weapon--A weapon designed or intended for use on individuals or groups of individuals which, in the course of expected or reasonably foreseen use, has a lower risk of causing death or serious injury than do firearms. Less lethal force weapons do not include firearms or other weapons whose expected or reasonably foreseen use would result in life-threatening injuries. Less lethal force weapons may include police batons, hand-held chemical irritants, chemical irritants dispersed at a distance, conducted electrical weapons, kinetic impact projectiles, water cannons, and acoustic weapons and equipment. An officer provided or equipped with a less lethal force weapon should be trained, qualified, or certified in its use.(41) Lesson plan--A plan of action consisting of a sequence of logically linked topics that together make positive learning experiences. Elements of a lesson plan include: measurable goals and objectives, content, a description of instructional methods, tests and activities, assessments and evaluations, and technologies utilized.(42) License--A license required by law or a state agency rule that must be obtained by an individual to engage in a particular business.(43) Licensee--An individual holding a license issued by the commission.(44) Line of duty--Any lawful and reasonable action, which an officer identified in Texas Government Code, Chapter 3105 is required or authorized by rule, condition of employment, or law to perform. The term includes an action by the individual at a social, ceremonial, athletic, or other function to which the individual is assigned by the individual's employer.(45) Moral character--The propensity on the part of a person to serve the public of the state in a fair, honest, and open manner.(46) Officer--A peace officer or reserve identified under the provisions of the Texas Occupations Code, §1701.001.(47) Part-time peace officer--a peace officer who:(A) works as a peace officer on a regular basis but on average less than 32 hours per week, exclusive of paid vacation; and(B) is compensated at least at the federal minimum wage and is entitled to all employee benefits offered to a peace officer by the appointing law enforcement agency or its governing body.(48) Patrol rifle--Any magazine-fed repeating rifle with iron/open sights or with a frame mounted optical enhancing sighting device, 5 power or less, that is carried by the individual officer in an official capacity.(49) Patrol vehicle--A vehicle equipped with emergency lights, siren, and the means to safely detain and transport a combative detainee.(50) Peace officer--A person elected, employed, or appointed as a peace officer under the provisions of the Texas Occupations Code, §1701.001.(51) Personal Identification Number (PID)--A unique computer-generated number assigned to individuals for identification in the commission's electronic database.(52) Placed on probation--Has received an adjudicated or deferred adjudication probation for a criminal offense.(53) POST--State or federal agency with jurisdiction similar to that of the commission, such as a peace officer standards and training agency.(54) Precision rifle--Any rifle with a frame mounted optical sighting device greater than 5 power that is carried by the individual officer in an official capacity.(55) Proprietary training contractor--An approved training contractor who has a proprietary interest in the intellectual property delivered.(56) Public security officer--A person employed or appointed as an armed security officer identified under the provisions of the Texas Occupations Code, §1701.001.(57) Reactivate--To make a license issued by the commission active after a license becomes inactive. A license becomes inactive at the end of the most recent unit or cycle in which the licensee is not appointed and has failed to complete legislatively required training.(58) Reinstate--To make a license issued by the commission active after disciplinary action or failure to obtain required continuing education.(59) Reserve law enforcement officer--a licensed peace officer appointed according to Section 37.0816, Education Code, Section 41.102 or 411.0208, Government Code, Section 85.004, 86.012, or 341.012, Local Government Code, or Section 60.0775, Water Code.(60) School marshal--A person employed and appointed by the board of trustees of a school district, the governing body of an open-enrollment charter school, the governing body of a private school, or the governing board of a public junior college under Texas Code of Criminal Procedure, Article 2.127 and in accordance with and having the rights provided by Texas Education Code, §37.0811.(61) Self-assessment--Completion of the commission created process, which gathers information about a training or education program.(62) Separation--An explanation of the circumstances under which the person resigned, retired, or was terminated, reported on the form currently prescribed by the commission, in accordance with Texas Occupations Code, §1701.452.(63) SOAH--The State Office of Administrative Hearings.(64) Successful completion--A minimum of:(A) 70 percent or better; or(B) C or better; or(C) pass, if offered as pass/fail.(65) Sustainable funding sources--Funding from an agency's governing body such as property tax, sales tax, use and franchise fees, and the issuance of traffic citations subject to section 542.402 of the Texas Transportation Code. Term limited sources, such as grants, are not sustainable funding sources.(66) TCLEDDS--Texas Commission on Law Enforcement Data Distribution System.(67) Telecommunicator--A person employed as a telecommunicator under the provisions of the Texas Occupations Code, §1701.001.(68) Training coordinator--An individual, appointed by a commission-recognized training provider, who meets the requirements of §215.9 of this title.(69) Training cycle--A 48-month period as established by the commission. Each training cycle is composed of two contiguous 24-month units.(70) Training hours--Classroom or distance education hours reported in one-hour increments.(71) Training program--An organized collection of various resources recognized by the commission for providing preparatory or continuing training. This program includes, but is not limited to, learning goals and objectives, academic activities and exercises, lesson plans, exams, skills training, skill assessments, instructional and learning tools, and training requirements.(72) Training provider--A governmental body, law enforcement association, alternative delivery trainer, or proprietary entity credentialed by or authorized under a training provider contract with the commission to provide preparatory or continuing training for licensees or potential licensees.(73) Uniform--Dress that makes an officer immediately identifiable as a peace officer, to include a visible badge. Acceptable uniform dress must be defined in agency policy and consistent in its application and use across the agency.(74) Verification (verified)--The confirmation of the correctness, truth, or authenticity of a document, report, or information by sworn affidavit, oath, or deposition.(b) The effective date of this section is November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.1 adopted to be effective January 1, 2012, 36 TexReg 8974; amended to be effective July 12, 2012, 37 TexReg 4602; amended to be effective January 17, 2013, 37 TexReg 10251; amended to be effective February 1, 2014, 38 TexReg 9605; amended to be effective February 1, 2016, 41 TexReg 270; amended to be effective May 1, 2018, 43 TexReg 1878; amended to be effective November 21, 2019, 44 TexReg 7059; amended to be effective February 5, 2020, 45 TexReg 764; amended to be effective June 1, 2024, 49 TexReg 3809; amended to be effective November 1, 2025, 50 TexReg 7019.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.3"><num value="211.3">§211.3</num><heading>Public Information</heading><content>(a) All commission rules are published in the Texas Register as they are proposed and adopted. (b) The commission will index, maintain, and make available for public inspection at the Austin headquarters a copy of: (1) the current rules; (2) all interpretive memoranda, policies, and procedures; and (3) all final orders, decisions, and opinions of the commission. (c) Members of the public may obtain: (1) copies of the rules and other documents published by the commission at the cost recovery rate established in the fee schedule for printed documents which is available upon request from the commission; (2) the rules and many other documents published by the commission are also available free of charge on the commission website; (3) unpublished materials available under the Public Information Act at the rate established by the Texas Facilities Commission for such materials; and (4) the jurisdictional complaint process, including: (A) complaint intake; (B) investigation; (C) adjudication and relevant hearings; (D) appeals; (E) the imposition of sanctions; and (F) public disclosure. (d) The effective date of this section is May 1, 2015.</content><note type="source"><p>Source Note: The provisions of this §211.3 adopted to be effective March 1, 2001, 26 TexReg 218; amended to be effective June 1, 2004, 29 TexReg 3807; amended to be effective January 14, 2010, 34 TexReg 9475; amended to be effective May 1, 2015, 40 TexReg 1860.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.7"><num value="211.7">§211.7</num><heading>Meeting Dates and Procedures</heading><content>(a) At least once every two years, a regular or special meeting will receive public comment on training and standards for officers, jailers, and telecommunicators.(b) Each meeting will be conducted by the presiding officer or, in the absence of the presiding officer, by the assistant presiding officer, the secretary, the most senior commissioner, or another commissioner selected by vote, in that order.(c) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §211.7 adopted to be effective March 1, 2001, 26 TexReg 218; amended to be effective February 1, 2016, 41 TexReg 271.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.9"><num value="211.9">§211.9</num><heading>Execution of Orders Showing Action Taken at Commission Meetings</heading><content>(a) The presiding officer shall have the authority to sign written orders showing actions taken by the Commissioners at public meetings if he or she did not vote against the action. In the event that the presiding officer votes against the action taken, then a commissioner who has voted with the majority shall sign the order on behalf of the commission.(b) The effective date of this section is March 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §211.9 adopted to be effective March 1, 2001, 26 TexReg 219.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.11"><num value="211.11">§211.11</num><heading>Contemplated Rule Making</heading><content>(a) Concerning contemplated rule making, the commission may:(1) use informal conferences and consultations to obtain the advice of interested persons; and/or(2) appoint any advisory committee of experts, interested persons or the public.(b) An interested person may petition the commission to request the adoption of a rule. The petition shall comply with the requirements of the Administrative Procedures Act, Texas Government Code Annotated, Chapter 2001. The petition shall be submitted in writing, and contain a reasoned justification for the rule being adopted, the text of the rule, a concise statement of the statutory or other provisions under which the rule is being adopted and how these provisions authorize or require the adopted rule. The executive director shall, within 60 days of submission, either place the petition on the agenda for the next regular meeting or deny the petition in writing. A denial will be reported at the next meeting. The commission staff or its attorney may modify the language or format of the petition before it is submitted as a adopted rule.(c) The effective date of this section is March 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §211.11 adopted to be effective March 1, 2001, 26 TexReg 219.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.13"><num value="211.13">§211.13</num><heading>Notice of Commission Rulemaking</heading><content>(a) When required by Texas Government Code Chapter 2001, the commission will notify each law enforcement agency of adopted rules.(b) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §211.13 adopted to be effective February 1, 2016, 41 TexReg 272.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.15"><num value="211.15">§211.15</num><heading>Specific Authority to Waive Rules</heading><content>(a) The commissioners have determined that good cause exists to delegate to the executive director the authority to waive the rules of the commission:(1) to update existing courses or to add new courses and curriculum;(2) to add new exams or to update existing state licensing or certification exams;(3) to conduct other special projects as approved by the commissioners; or(4) for other reasons as may be authorized by law.(b) The executive director will report these temporary waivers to the commissioners.(c) The effective date of this section is March 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §211.15 adopted to be effective March 1, 2001, 26 TexReg 219.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.16"><num value="211.16">§211.16</num><heading>Establishment or Continued Operation of an Appointing Entity</heading><content>(a) To establish that an agency or a prospective agency meets the minimum standards for the creation or continued operation of a law enforcement agency, the agency must provide evidence that the agency:(1) provides public benefit to the community;(2) has sustainable funding sources that meet or exceed the continued operating expenses outlined in a line-item budget for the agency;(3) has physical resources available to officers, including: (A) at least one firearm per officer on duty;(B) at least one less lethal force weapon per officer on duty;(C) effective communications equipment, specifically:(i) at least one radio communication device per officer on duty performing patrol, courtroom security, traffic enforcement, responding to calls for service, assigned to a controlled access point, acting as a visual deterrent to crime, surveillance, warrant execution, and service of civil process; and(ii) at least one cell phone device per officer on duty who may have contact with the general public and is not performing any of the duties described in (i);(D) at least one bullet-resistant vest per officer on duty with vest panels that:(i) have been certified as compliant by the National Institute of Justice (NIJ);(ii) are within the ballistic performance warranty period listed by the manufacturer on the affixed tags; and(iii) have never been shot or otherwise compromised;(E) at least one uniform per officer whose duties include any of the following:(i) performing patrol;(ii) courtroom security;(iii) traffic enforcement;(iv) responding to calls for service;(v) assigned to a controlled access point;(vi) acting as a visual deterrent to crime;(vii) warrant execution; or(viii) service of civil process;(F) at least one motor vehicle owned and insured by an agency created on or after June 1, 2024; and(G) patrol vehicles provided to officers whose duties include either performing patrol, traffic enforcement, or responding to calls for service that:(i) are owned, insured, and equipped by the agency; or(ii) may be personally owned for agencies in existence before June 1, 2024, that have not provided agency-owned patrol vehicles from June 1, 2024, to the present;(4) has physical facilities, including:(A) an evidence room or other acceptable secure evidence storage for officers whose duties include any of the following:(i) performing patrol;(ii) traffic enforcement;(iii) criminal investigations;(iv) responding to calls for service; or(v) executing search or arrest warrants;(B) a dispatch area for any agency appointing and employing telecommunicators; and(C) a public area including written notices posted and visible 24 hours a day explaining:(i) how to receive the most immediate assistance in an emergency;(ii) how to make a nonemergency report of a crime; and(iii) how to make a compliment or complaint on a member of the agency by mail, online, or by phone;(5) has policies, including policies on:(A) use of force;(B) vehicle pursuit;(C) professional conduct of officers;(D) domestic abuse protocols;(E) response to missing persons;(F) supervision of part-time officers;(G) impartial policing;(H) medical and psychological examination of licensees;(I) active shooters;(J) barricaded subjects;(K) evidence collection and handling;(L) eyewitness identification;(M) misconduct investigations;(N) hiring a license holder;(O) personnel files;(P) uniform and dress code;(Q) training required to maintain licensure; and(R) outside and off-duty employment;(6) has an established administrative structure, including: (A) an organizational chart for the agency that illustrates the division and assignment of licensed and unlicensed personnel;(B) a projection for the number of full-time peace officers, part-time peace officers, and unpaid peace officers that the agency would employ during the year if at full staffing; and(C) the number of School Resource Officer (SRO) positions employed by the agency and working in schools if the agency is not an independent school district (ISD) police department;(7) has liability insurance for the agency and any vehicles used for agency purposes;(8) has a defined process by which the agency will receive by mail, online, and by phone and document compliments and complaints on its employees; and(9) any other information the commission requires.(b) An entity authorized by law to establish a law enforcement agency and appoint licensees must first complete training offered and required by the commission on the establishment and continued operation of a new agency. The entity may then make application for an agency number by submitting the current agency number application form, any associated application fee, and evidence that they meet the requirements of this rule.(c) An entity authorized by Local Government Code, §361.022 to operate a correctional facility to house inmates, in this state, convicted of offenses committed against the laws of another state of the United States, and appoint jailers requiring licensure by the commission, may make application for an agency number by submitting the current agency number application form, any associated application fee, and a certified copy of the contract under which the facility will operate.(d) A political subdivision wanting to establish a consolidated emergency telecommunications center and appoint telecommunicators, as required by Texas Occupations Code, §1701.405, may make application for an agency number by submitting the current agency number application form, any associated application fee and a certified copy of the consolidation contract.(e) The Texas Department of Criminal Justice - Pardon and Parole Division, a community supervision and corrections department, or a juvenile probation department may make application for an agency number if seeking firearms training certificates for parole officers, community supervision and corrections officers, or juvenile probation officers by submitting the current agency number application form and any associated application fee.(f) All law enforcement agencies must complete and submit an annual report due between January 1st and March 1st of each year documenting their continued compliance with the requirements of this rule.(g) The effective date of this section for agencies not in existence before June 1, 2024, is June 1, 2024. The effective date of this section for agencies already in existence before June 1, 2024, is September 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.16 adopted to be January 14, 2010, 34 TexReg 9475; amended to be effective January 1, 2012, 36 TexReg 8976; amended to be effective February 1, 2016, 41 TexReg 272; amended to be effective June 1, 2024, 49 TexReg 3809; amended to be effective May 1, 2025, 50 TexReg 2608.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.17"><num value="211.17">§211.17</num><heading>Fees and Payment</heading><content>(a) The commission may charge application fees for licenses, certificates, endorsements, duplicate documents, and any other reasonable fees as authorized or required by law, as formally approved and adopted.(b) Any fee or payment made to the commission by a person, agency, or other entity shall be remitted by money order, cashier's check, agency check, or electronic payment. Fees must be submitted with any required application, and are non-refundable.(c) The commission shall adopt and publish a schedule of fees, annually, as authorized by this section, at a regularly scheduled June meeting, to become effective September 1.(d) The effective date of this section is March 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §211.17 adopted to be effective March 1, 2001, 26 TexReg 220.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.19"><num value="211.19">§211.19</num><heading>Forms and Applications</heading><content>(a) Applications, forms, data, and documents required by the commission shall be submitted electronically if an electronic method has been established for the form, data, or document.(b) For applications or other forms required by the commission, the applicant or the individual on whose behalf the form is being submitted is responsible for reviewing the entire document and any attachments to attest to the accuracy and truthfulness of all information on and attached to the document.(c) A person who fails to comply with the standards set forth in these rules shall not accept the issuance of a license and shall not accept any appointment.(d) If an application is found to be false or untrue, any license or certificate issued to the applicant by the commission will be subject to cancellation and recall.(e) Agencies must keep on file and in a format readily accessible to the commission a copy of the documentation required by the commission. If the form or application is submitted via TCLEDDS, the agency must keep on file, and in a format readily accessible to the commission, a signed and dated printout of the electronically submitted form or application.(f) An agency must retain required records for a minimum of five years after the licensee's termination date with that agency.(g) The effective date of this section is July 15, 2010.</content><note type="source"><p>Source Note: The provisions of this §211.19 adopted to be effective March 1, 2001, 26 TexReg 220; amended to be effective March 1, 2008, 33 TexReg 279; amended to be effective January 14, 2010, 34 TexReg 9475; amended to be effective July 15, 2010, 35 TexReg 5579.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.21"><num value="211.21">§211.21</num><heading>Issuance of Duplicate or Delayed Documents</heading><content>(a) If an original license, certificate, or other document was previously issued by the commission, a duplicate of that document may, if the document is current and valid, be issued after:(1) an application is submitted;(2) a check of commission records verifies original issuance and continuing validity; and(3) payment of any required non-refundable application fee.(b) The effective date of this section is March 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §211.21 adopted to be effective March 1, 2001, 26 TexReg 220.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.23"><num value="211.23">§211.23</num><heading>Date of Licensing or Certification</heading><content>(a) The commission shall designate a person's date of initial appointment as their licensing date when it has received and verified proof that all licensing standards have been met. Documentation proving eligibility for licensing on the date of initial appointment shall be kept in the appointing agency's file.(b) Any such document may expire or be cancelled, surrendered, suspended, revoked, deactivated, or otherwise invalidated. Mere possession of the physical document does not necessarily mean that the person:(1) currently holds, has ever held, or has any of the powers of the office indicated on the document; or(2) still holds an active, valid license or certificate.(c) The effective date of this section is October 28, 2010.</content><note type="source"><p>Source Note: The provisions of this §211.23 adopted to be effective March 1, 2001, 26 TexReg 221; amended to be effective March 1, 2008, 33 TexReg 279; amended to be effective October 28, 2010, 35 TexReg 9110.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.24"><num value="211.24">§211.24</num><heading>Licensee Service Report Database</heading><content>(a) The commission will exclude from the public database established under Texas Occupations Code §1701.205 the licensee service report (LSR) of certain officers if including the LSR in the public database would create a safety risk for an undercover officer or an officer involved in an active sensitive operation.(b) An appointed officer or a law enforcement agency employing the officer may request, on a form prescribed by the commission, the LSR of the officer to be excluded from the public database.(c) The commission, at the discretion of the executive director, may exclude the LSR of any licensee for good cause shown.(d) The user activity required to be tracked on the public database will be maintained by the commission for a minimum of three years from creation.(e) The effective date of this section is September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §211.24 adopted to be effective September 1, 2024, 49 TexReg 5537.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.25"><num value="211.25">§211.25</num><heading>Date of Appointment</heading><content>(a) If a proper report of appointment is received by the commission for the appointment as a peace officer, county jailer, or telecommunicator, the commission shall accept the date of appointment that is reported to the commission by the appointing agency.(b) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §211.25 adopted to be effective March 1, 2001, 26 TexReg 221; amended to be effective March 1, 2008, 33 TexReg 279; amended to be effective February 1, 2016, 41 TexReg 272.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.26"><num value="211.26">§211.26</num><heading>Law Enforcement Agency Audits</heading><content>(a) All law enforcement agencies shall be audited at least once every five years. Agencies with deficiencies will be evaluated more frequently, as determined by the commission.(b) The commission may use the following information in auditing an agency:(1) commission records to include but not limited to:(A) applications;(B) appointment records;(C) separation records; and(D) training records;(2) history of previous violations;(3) reports from past audits;(4) on-site audits;(5) reports and complaints from licensees, other law enforcement agencies, and citizens; and(6) observations by commission staff.(c) The results of the audit may be forwarded to the chief administrator and governing body.(d) If deficiencies are identified, the chief administrator must report to the commission in writing within 30 days what steps are being taken to correct deficiencies and on what date they expect to be in compliance.(e) The commission may conduct a follow-up audit to verify the correction of deficiencies identified in subsection (d) of this section.(f) Failure to correct deficiencies identified in subsection (d) may result in the imposition of administrative penalties and/or other disciplinary action as provided in §223.1 and §223.2 of this title.(g) The effective date of this section is February 1, 2020.</content><note type="source"><p>Source Note: The provisions of this §211.26 adopted to be effective January 14, 2010, 34 TexReg 9476; amended to be effective July 14, 2011, 36 TexReg 3932; amended to be effective February 5, 2020, 45 TexReg 765.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.27"><num value="211.27">§211.27</num><heading>Reporting Responsibilities of Individuals</heading><content>(a) Within thirty days, a licensee or person meeting the requirements of a licensee shall report to the commission:(1) any name change;(2) a permanent mailing address other than an agency address;(3) all subsequent address changes; and(4) receipt of a dishonorable discharge from the armed forces of the United States.(b) The effective date of this section is May 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.27 adopted to be effective February 1, 2014, 38 TexReg 9605; amended to be effective June 1, 2022, 47 TexReg 2881; amended to be effective May 1, 2025, 50 TexReg 2608.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.28"><num value="211.28">§211.28</num><heading>Responsibility of a Law Enforcement Agency to Report an Arrest</heading><content>(a) When an agency receives information that it has arrested or charged a licensee for any offense above a Class C misdemeanor, or for any Class C misdemeanor involving the duties and responsibilities of office or family violence, the chief administrator or their designee must report such arrest to the commission in the format currently prescribed by the commission within 30 business days of notice of the arrest, including the:(1) name, date of birth and PID of licensee (if available); (2) name, address, and telephone number of the arresting agency;(3) date and nature of the arrest;(4) arresting agency incident, booking, or arrest number;(5) name, address, and telephone number of the court in which such charges are filed or such arrest is filed; and(6) copies of all related offense reports and charging documents.(b) The effective date of this section is May 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.28 adopted to be effective March 1, 2008, 33 TexReg 280; amended to be effective July 14, 2011, 36 TexReg 3932; amended to be effective May 1, 2025, 50 TexReg 2608.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.29"><num value="211.29">§211.29</num><heading>Responsibilities of Agency Chief Administrators.</heading><content>(a) An agency chief administrator is responsible for making any and all reports and submitting any and all documents required of that agency by the commission.(b) An individual who is appointed or elected to the position of the chief administrator of a law enforcement agency shall notify the Commission of the date of appointment and title, through a form prescribed by the Commission within 30 days of such appointment.(c) An agency chief administrator must comply with the appointment and retention requirements under Texas Occupations Code, Chapter 1701.(d) An agency chief administrator must report to the commission within 30 days, any change in the agency's name, physical location, mailing address, electronic mail address, or telephone number.(e) An agency chief administrator must report, in a standard format, incident-based data compiled in accordance with Texas Occupations Code §1701.164.(f) Line of duty deaths shall be reported to the commission in current peace officers' memorial reporting formats.(g) An agency chief administrator has an obligation to determine that all appointees are able to safely and effectively perform the essential job functions. An agency chief administrator may require a fit for duty review upon identifying factors that indicate an appointee may no longer be able to perform job-related functions safely and effectively. These factors should be based on objective evidence and a reasonable basis that the cause may be attributable to a medical or psychological condition or impairment.(h) An agency chief administrator shall notify the commission of any failed medical (L-2) or psychological (L-3) examination within 30 days on a form prescribed by the commission. An agency chief administrator shall notify the commission upon a final determination of a failed fit-for-duty examination (FFDE) or drug screen within 30 days on a form prescribed by the commission.(i) An agency must provide training on employment issues identified in Texas Occupations Code §1701.402 and field training.(j) An agency must provide continuing education training required in Texas Occupations Code §1701.351 and §1701.352.(k) Before an agency appoints any licensee to a position requiring a commission license it shall complete the reporting requirements of Texas Occupations Code §1701.451.(l) An agency appointing a person who does not hold a commission license must file an application for the appropriate license with the commission.(m) An agency must notify the commission electronically following the requirements of Texas Occupations Code §1701.452, when a person under appointment with that agency resigns or is terminated. (n) An agency chief administrator must comply with orders from the commission regarding the correction of a report of resignation/termination or request a hearing from SOAH.(o) An agency chief administrator must:(1) at the time the agency becomes aware of an allegation of misconduct, as defined in the model policy required by Texas Occupations Code § 1701.4522(a)(1), that may result in suspension, demotion, or termination, initiate an appropriate administrative or criminal investigation into alleged misconduct of a licensee who was appointed by the law enforcement agency at the time the alleged misconduct occurred; (2) ensure completion of the investigation into alleged misconduct in a timely manner consistent with the law enforcement agency's policies even if the licensee has separated from the law enforcement agency;(3) submit a report of a completed investigation into alleged criminal misconduct for which criminal charges are filed against a licensee to the commission within 30 days after the investigation is completed on a form prescribed by the commission;(4) submit a report of a completed investigation into alleged administrative misconduct to the commission in a timely manner, but not later than 30 days after the licensee's separation from the law enforcement agency, on a form prescribed by the commission; (5) if the investigative findings or disciplinary action taken are appealed, notify the commission that the matter is under appeal and notify the commission of the disposition of an appeal within 30 days after receipt of the decision; and(6) include documentation of the completed investigation in the licensee's personnel or department file, as appropriate.(p) An agency chief administrator must: (1) maintain a personnel file and department file for each licensee appointed with the law enforcement agency;(2) submit to the commission a complete copy of the personnel file of a licensee within 30 days after separation of the licensee from the law enforcement agency in a manner prescribed by the commission; and(3) submit to the commission a complete copy of the personnel file and department file of a licensee upon request as part of an ongoing investigation relating to the licensee.(q) Except in the case of a commission error, an agency that wishes to report a change to any information within commission files about a licensee shall do so in a request to the commission, containing:(1) the licensees name, date of birth, last four digits of the social security number, or PID;(2) the requested change; and(3) the reason for the change.(r) An agency chief administrator may not appoint an applicant subject to pending administrative action based on:(1) enrollment or licensure ineligibility; or(2) statutory suspension or revocation.(s) The effective date of this section is November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.29 adopted to be effective January 1, 2012, 36 TexReg 8978; amended to be effective January 17, 2013, 37 TexReg 10251; amended to be effective February 1, 2016, 41 TexReg 273; amended to be effective May 1, 2025, 50 TexReg 2608; amended to be effective November 1, 2025, 50 TexReg 7020.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.30"><num value="211.30">§211.30</num><heading>Chief Administrator Responsibilities for Class A and B Waivers</heading><content>(a) A chief administrator may request the executive director that an individual be considered for a waiver of either the enrollment or initial licensure requirements regarding an otherwise disqualifying Class A or B misdemeanor conviction or deferred adjudication. An individual is eligible for one waiver request. This request must be submitted at least 45 days prior to a regularly scheduled commission meeting.(b) A chief administrator is eligible to apply for a waiver five years after the date of conviction or placement on community supervision.(c) The request must include:(1) a complete description of the following mitigating factors:(A) the applicant's history of compliance with the terms of community supervision;(B) the applicant's continuing rehabilitative efforts not required by the terms of community supervision;(C) the applicant's employment record;(D) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;(E) the required mental state of the disposition offense;(F) whether the conduct resulting in the arrest resulted in the loss of or damage to property or bodily injury;(G) the type and amount of restitution made by the applicant;(H) the applicant's prior community service;(I) the applicant's present value to the community;(J) the applicant's post-arrest accomplishments;(K) the applicant's age at the time of arrest; and(L) the applicant's prior military history;(2) all court and community supervision documents;(3) the applicant's statement;(4) all offense reports;(5) victim(s) statement(s), if applicable;(6) letters of recommendation;(7) statement(s) of how the public or community would benefit;(8) chief administrator's written statement of intent to hire the applicant as a full time employee;(9) the applicant's personal history statement; and(10) the agency's background investigation report of the applicant.(d) Commission staff will review the request and notify the chief administrator if the request is incomplete. The chief administrator must provide any missing documents before the request can be scheduled for a commission meeting. Once a completed request is received, it will be placed on the agenda of a regularly scheduled commission meeting. (e) The chief administrator will be notified of the meeting date and must be present to present the request to the commissioners. The applicant must be present at the meeting to answer questions about the request. Staff will present a report on the review process.(f) After hearing the request, the commissioners will make a decision and take formal action to approve or deny the request.(g) If granted, a waiver is issued in the name of the applicant chief administrator, belongs to the sponsoring agency, is nontransferable without approval, and is without effect upon the subject's separation from employment. If separated and in the event of subsequent prospective law enforcement employment, a person may seek another waiver through the prospective hiring agency's chief administrator.(h) The effective date of this section is August 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.30 adopted to be effective October 26, 2009, 34 TexReg 6661; amended to be effective June 1, 2014, 39 TexReg 3443; amended to be effective June 1, 2022, 47 TexReg 2882; amended to be effective August 1, 2025, 50 TexReg 4961.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.31"><num value="211.31">§211.31</num><heading>Memorandum of Understanding on Continuity of Care</heading><content>(a) The Commission adopts, by reference, a memorandum of understanding that establishes its responsibilities to institute a continuity of care program for offenders who are mentally impaired, elderly, physically disabled, terminally ill or significantly ill, as also adopted by the Texas Correctional Office on Offenders with Mental and Medical Impairments and the Texas Commission on Jail Standards. Copies of the memorandum of understanding may be obtained from the commission.(b) The effective date of this section is June 1, 2006.</content><note type="source"><p>Source Note: The provisions of this §211.31 adopted to be effective March 1, 2001, 26 TexReg 222; amended to be effective June 1, 2006, 31 TexReg 2873.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.33"><num value="211.33">§211.33</num><heading>Law Enforcement Achievement Awards</heading><content>(a) The commission shall issue achievement awards to qualified peace officers, reserve law enforcement officers, jailers, or telecommunicators licensed by the commission and, hereinafter, will be referred to as the nominees. A nominee for the achievement award must meet the following criteria:(1) must have maintained, on a continuous basis, an average job performance during the individual's employment or appointment;(2) must have exhibited relevant characteristics of the following:(A) valor - an act of personal heroism or bravery which exceeds the normal expectations of job performance, such as placing one's own life in jeopardy to save another person's life, prevent serious bodily injury to another, or prevent the consequences of a criminal act;(B) public service - when an individual, through initiative, creates or participates in a program or system which has a significant positive impact on the general population of a community which would exceed the normal expectations of job performance; or(C) professional achievement - when an individual, through personal initiative, fixity of purpose, persistence, or endeavor, creates a program or system which has a significant positive impact on the law enforcement profession which would exceed the normal expectations of job performance;(3) must have held a license at the time the qualifying act was performed;(4) shall not ever have had a license suspended, revoked, cancelled, or voluntarily surrendered; and(5) must not be in violation of Occupations Code, Chapter 1701 or rules of the commission.(b) The nominations/recommendations for the achievement awards shall be filed as follows:(1) received by the commission on or before December 31st of each year;(2) must have been submitted by one of the following:(A) an elected official of the state;(B) an elected official of a political subdivision;(C) an administrator of a law enforcement agency; or(D) any person holding a current license issued by the commission; and(3) shall be supported by acceptable evidence of the nominee's qualifications for the award. Such evidence may consist of evaluations, police reports, newspaper clippings, eyewitness accounts, or other valid, confirmable evidence, consisting of certified copies of documents and sworn affidavits.(c) A committee shall be appointed by the executive director for the purpose of reviewing recommendations. Upon completion of the review, the committee will forward to the executive director nominees for consideration. The executive director will provide a list to the commissioners who will then make the final determination of who merits awards at a regularly scheduled meeting.(d) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §211.33 adopted to be effective March 1, 2001, 26 TexReg 222; amended to be effective February 1, 2014, 38 TexReg 9606.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.35"><num value="211.35">§211.35</num><heading>Tuition Reimbursement for Commission Employees</heading><content>(a) Before a Commission employee may receive reimbursement for tuition, the reimbursement must be approved by the Executive Director.(b) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §211.35 adopted to be effective February 1, 2016, 41 TexReg 273.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.36"><num value="211.36">§211.36</num><heading>Advisory Committee Operations and Procedures</heading><content>(a) Role of advisory committee. The role of an advisory committee is to provide advice and recommendations to the commission. Advisory committees shall meet and carry out their functions upon a request from the commission for advice and recommendations on an issue.(b) Appointment of advisory committee. The commission shall appoint members to an advisory committee. Each advisory committee shall elect from its members a presiding officer, or may be appointed by the commission's presiding officer, who shall report the advisory committee's recommendations to the commission. The executive director may designate a staff member to participate with, or to provide subject-matter expertise, guidance, or administrative support to the advisory committee as necessary. Any commission staff assigned to an advisory committee shall be non-voting members.(c) Member qualifications. Members shall have knowledge about and interests in, and represent a broad range of viewpoints about, the work of the committee or applicable divisions and meet the enrollment and appointment requirements and qualifications for licenses under Texas Occupations Code Chapter 1701 and 37 Texas Administrative Code Chapters 211-229. Currently appointed Commission members shall not serve as advisory committee members.(d) Composition of advisory committees. In making appointments to the advisory committees, the commission shall, to the extent practical, ensure representation of members from the public, agencies, organizations, and geographical regions of the state who have an interest or expertise in the subject area of the particular advisory committee.(e) Committee size and quorum requirements. An advisory committee shall be composed of a reasonable number of members, not less than 9, as determined by the commission. A simple majority of advisory committee members will constitute a quorum. An advisory committee may only deliberate on issues within the jurisdiction of the committee or any public business when a quorum is present.(f) Terms of service. Advisory committee members may serve terms of four years or as otherwise designated by the commission. A member will serve on the committee until the member resigns, is dismissed or replaced by the commission, or the member's term expires.(g) Member training requirements. Each member of an advisory committee must receive training regarding the Open Meetings Act, Government Code, Chapter 551 and the Public Information Act, Government Code, Chapter 552.(h) Compliance with Open Meetings Act. The advisory committee shall comply with the Open Meetings Act, Government Code, Chapter 551.(i) Conflict of Interest. Advisory committee members are subject to the same laws and policies governing ethical standards of conduct as those for commission members and employees.(j) Public input and participation. Advisory committees shall accept public comments made in-person at advisory committee meetings or submitted in writing in advance of the advisory committee meeting with sufficient copies for all members.(k) Reporting recommendations. Recommendations of the advisory committee shall be reported to the commission at a commission meeting prior to commission action on issues related to the recommendations. The recommendations shall be in writing and include any necessary supporting materials. The presiding officer of the advisory committee or the presiding officer's designee may appear before the commission to present the committee's advice and recommendations. This subsection does not limit the ability of the advisory committee to provide advice and recommendations to the executive director as necessary.(l) Commission use of advisory committee recommendations. In developing commission policies, the commission shall consider the written recommendations and reports submitted by advisory committees.(m) Reimbursement. The department may, if authorized by law and the executive director, reimburse advisory committee members for reasonable and necessary travel expenses.(n) Expiration dates for advisory committees. Unless a different expiration date is established by the commission for the advisory committee, each advisory committee is abolished on the fourth anniversary of its creation by the commission.</content><note type="source"><p>Source Note: The provisions of this §211.36 adopted to be effective October 1, 2023, 48 TexReg 5176.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c211/sc/s211.41"><num value="211.41">§211.41</num><heading>Procurement Protests and Records.</heading><content>(a) Any actual or prospective bidder who is aggrieved in connection with the solicitation, evaluation, or award of a contract may formally protest the award of the contract by submitting a protest to the Executive Director of the commission.(1) Such protests must be in writing and received in the Executive Director's office within ten business days after such aggrieved person knows, or should have known, of the occurrence of the action, which is protested.(2) A formal protest must be sworn to by affidavit before a notary public and contain the following information or documentation: (A) a specific identification of the complaint;(B) a specific description of each act alleged to have violated the statutory or regulatory provision(s) pursuant to Chapter 2260 of the Texas Government Code;(C) a precise statement of the relevant facts;(D) an identification of the issue or issues to be resolved;(E) argument and authorities in support of the protest; and(F) a statement that copies of the protest have been mailed or delivered to the commission.(3) Copies of the protest must be mailed or delivered by the protesting party to the commission and other interested parties.(b) In the event of a timely protest or appeal under this policy, the commission shall consider the protest and reply in writing before proceeding further with the solicitation or with the award of the contract unless the Executive Director makes a written determination that the award of the contract without delay is necessary to protect interests of the state.(c) The Chief Financial Officer, or their designee, shall have the authority, prior to appeal to the Executive Director, to settle and resolve the dispute concerning the solicitation or award of a contract. The Chief Financial Officer may solicit written responses to the protest from other interested parties. This does not prohibit a party from submitting a written response without solicitation. If the protest is not resolved by mutual agreement, the Chief Financial Officer will issue a written determination on the protest.(d) If the Chief Financial Officer determines that no rules or statutory violations have occurred, they shall inform the protesting party, the Executive Director, and other interested parties in writing setting forth the reasons for the determination.(e) If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has not been awarded, they shall inform the protesting party, the Executive Director, and other interested parties in writing setting forth the reasons for the determination and the appropriate remedial action.(f) If the Chief Financial Officer determines that a violation of the rules or statutes has occurred in a case where a contract has been awarded, they shall so inform the protesting party, the Executive Director, and other interested parties in writing setting forth the reasons for the determination, which may include voiding the contract.(g) The Chief Financial Officer's determination on a protest may be appealed by an interested party to the Executive Director.(1) An appeal of the Chief Financial Officer's determination must be in writing and must be received in the Executive Director's office no later than ten business days after the date of the Chief Financial Officer's determination.(2) The appeal shall be limited to review of the Chief Financial Officer's determination.(3) Copies of the appeal must be mailed or delivered by the appealing party to the commission and other interested parties and must contain an affidavit that such copies have been provided.(h) If a timely protest of a solicitation or contract award is filed under this section, the Executive Director may delay the solicitation or award of the contract unless the contract must be awarded without delay to protect the best interests of the state.(i) The Executive Director shall review the protest, the Chief Financial Officer's determination, and the appeal. The Executive Director may refer the matter to the Commissioners for consideration or issue a decision on the protest.(j) When a protest has been referred to the Commissioners, copies of the appeal, responses of interested parties, if any, and the Executive Director's recommendation shall be delivered to the Commissioners, the appealing party, and other interested parties. The Commissioner's determination of the appeal shall be made on the record and reflected in the minutes of an open meeting and shall be final.(k) Unless good cause for delay is shown or the Executive Director determines that a protest or appeal raises issues significant to procurement practices or procedures, a protest or appeal that is not filed in a timely manner will not be considered.(l) A decision issued either by the Commissioners, or in writing by the Executive Director, shall be the final administrative action.(m) The commission shall maintain sufficient records and reports to verify compliance with applicable law, including:(1) each contract entered into by the commission; (2) all contract solicitation documents related to the contract;(3) all documents that reflect and identify the basis for any decisions relating to a procurement, including actions taken that deviate from requirements or recommendations in the state procurement manual or contract management guide;(4) all purchase orders, change orders, and invoices associated with the contract;(5) all contract amendments, renewals, or extensions executed by the commission; and(6) all other documents necessary to record the full execution and completion of each contract.(n) The commission may destroy the contract and related documents after the seventh anniversary of the date:(1) the contract is completed or expires; or(2) all issues that arise from any litigation, claim, negotiation, audit, Public Information Act request, administrative review, or other action involving the contract or related documents are resolved.(o) The effective date of this section is May 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §211.41 adopted to be effective May 1, 2025, 50 TexReg 2609.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c215"><num value="215">CHAPTER 215</num><heading>TRAINING AND EDUCATIONAL PROVIDERS</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c215/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.1"><num value="215.1">§215.1</num><heading>Commission Authorization of Training Providers</heading><content>(a) The commission may enter into a contract with:(1) a law enforcement academy training provider;(2) a law enforcement association, distance education, or proprietary training provider; or(3) an academic alternative training provider.(b) To enter into a contract with the commission, a training provider must be approved after completing all requirements for application and eligibility.(c) A training provider applicant must use the electronic application process and submit any required fee.(d) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.1 adopted to be effective February 1, 2014, 38 TexReg 9607.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.2"><num value="215.2">§215.2</num><heading>General Application and Approval Process</heading><content>(a) In addition to all other respective entity specific application requirements of this chapter, training provider applicants must comply with the provisions of this section.(b) All training provider applicants must pass an inspection of facilities and instructional materials. The inspection shall be conducted by commission staff or by a team of training provider coordinators as appointed by the executive director.(c) A training provider applicant must have and maintain:(1) qualified instructors and staff to conduct successful training;(2) instructional resources to conduct successful training, to include, but not limited to, convenient access to a law enforcement reference library or sufficient number of computers for student and staff use;(3) access to current and appropriate teaching tools and electronic equipment, including video players, projection equipment, computer hardware, software, and the Internet;(4) a proprietary interest in or a written contract providing for a firing range suitable for the course of fire required in the current basic peace officer course, with safety rules clearly posted, secure storage and first aid equipment while on the premises; and(5) a proprietary interest in or a written contract providing for at least one facility to conduct police driving training, to include at least one law enforcement automobile for training.(d) A training provider applicant shall submit:(1) documentation of compliance with the electronic reporting requirements of §1701.1523 of the Texas Occupations Code;(2) documentation that an advisory board has already been appointed as required by this chapter and §1701.252 of the Texas Occupations Code;(3) advisory board minutes that show the advisory board has complied with the requirements of this chapter;(4) the name and PID of the proposed training coordinator;(5) documentation that the training coordinator is in compliance with all responsibilities required under law; and(6) at the request of the executive director, submit each board member's resume for approval. Law enforcement training providers excepted, applicants may alternatively submit at least one copy of the learning objectives of each course covered by the contract.(e) The chief administrator and proposed training coordinator of a law enforcement academy, law enforcement association, distance education, or proprietary training provider applicant must appear before the commissioners to respond to questions prior to action being taken on the application.(f) The dean or chair and the proposed training coordinator of an academic alternative applicant must appear before the commissioners to respond to questions prior to action being taken on the application.(g) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.2 adopted to be effective February 1, 2014, 38 TexReg 9607.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.3"><num value="215.3">§215.3</num><heading>Law Enforcement Academy Training Provider</heading><content>(a) In addition to any other application requirements under this chapter, a law enforcement academy training provider applicant shall comply with all provisions of this section.(b) An entity applying for a law enforcement academy training provider contract must be based on at least one of the following sponsoring organizations:(1) a law enforcement agency with a minimum of 75 full-time paid peace officers, county jailers, or telecommunicators under current appointment;(2) an institution recognized by the Texas Higher Education Coordinating Board; or(3) a regional planning commission or councils of governments' (COG) board. The commission will enter into only one academy contract within each regional planning commission or councils of governments' area at any one time.(c) A law enforcement academy training provider applicant shall submit:(1) the proposed formal name of the academy, which must not misrepresent the status of the academy or be confusing to law enforcement or to the public;(2) a proposed course schedule to show that training will be conducted on a continuing basis;(3) a schedule of tuition and fees that will be charged, if any;(4) the physical location and a description of the proposed training facility and any satellite sites; and(5) documentation of any contract an academy may have as cosponsor with law enforcement agencies and other entities to conduct continuing education classes or basic county corrections training.(d) A training needs assessment must be completed and submitted for commission approval and shall include:(1) a description of whom the academy will serve, including the identity of each law enforcement agency the academy expects to serve, the number of officers the academy expects to train annually from each agency, and the basis for the academy's expectations;(2) the number and types of courses that will be offered; and(3) proof of notification by e-mail to all academies within the regional planning commission or councils of governments' area of their intent to apply for an academy contract and what specific training needs the applicant intends to meet.(e) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.3 adopted to be effective February 1, 2014, 38 TexReg 9608.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.5"><num value="215.5">§215.5</num><heading>Other Training Providers</heading><content>(a) In addition to any other application requirements under this chapter, a law enforcement association, distance education, or proprietary training provider applicant shall comply with all provisions of this section.(b) A law enforcement association, distance education, or proprietary training provider applicant shall submit a schedule of tuition and fees that will be charged, if any.(c) A training needs assessment must be completed and submitted for commission approval and shall include:(1) what specific training needs are to be addressed by the proposed contract; and(2) the number and types of courses that will be offered during the first quarter of the executed contract.(d) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.5 adopted to be effective February 1, 2014, 38 TexReg 9608.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.6"><num value="215.6">§215.6</num><heading>Academic Alternative Training Provider</heading><content>(a) In addition to any other application requirements under this chapter, an academic alternative applicant shall comply with all provisions of this section.(b) A Texas college or university that is accredited by the Southern Association of Colleges and Schools (SACS) and which has a criminal justice or law enforcement program approved by the Texas Higher Education Coordinating Board (THECB) may make application to conduct training for licensees under a training provider contract.(c) An academic alternative applicant shall submit:(1) documentation of approval from THECB for a criminal justice or law enforcement program;(2) a proposed course schedule to show that training will be conducted;(3) documentation of any contractual provision the applicant may have with a contract academy to provide the sequence courses; and(4) provisions for the Registrar to approve all students qualified for the state basic licensing exam in a timely manner.(d) A training needs assessment must be submitted to the commission for approval and must include:(1) a description of whom the alternative academic provider will serve and the number of students they expect to train annually;(2) the basis for these expectations; and(3) proof of notification by e-mail to all academies within the area of the applicant's intent to apply for an academic alternative provider contract.(e) An academic alternative program shall conduct a comprehensive review subject to commission approval prior to licensing exam.(f) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.6 adopted to be effective February 1, 2014, 38 TexReg 9609.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.7"><num value="215.7">§215.7</num><heading>Training Provider Advisory Board</heading><content>(a) All training providers approved by the commission must establish and maintain an advisory board, as required by §1701.252 of the Texas Occupations Code. The board must have at least three members who are appointed by the sponsoring organization. Board membership must not fall below a quorum for more than 30 days. A quorum of the advisory board is defined as a minimum of 51% of the voting membership.(b) The board may have members who are law enforcement personnel; however, one-third of the members must be public members, as defined in §1701.052 of the Texas Occupations Code, having the same qualification as any commissioner who is required by law to be a member of the general public. The chief administrator, or head of the sponsoring organization, and the designated training coordinator may only serve as ex-officio, non-voting members. Board members are required to successfully complete the commission developed advisory board training course within one year of appointment to an advisory board.(c) The chief administrator, or head or the sponsoring organization, may appoint a board chair, or the board may elect a board member to serve as the board chair. The board may elect other officers and set its own rules of procedure. A quorum must be present in order to conduct business.(d) A board must meet at least once each calendar year. More frequent meetings may be called by the board chair, the training coordinator, or the person who appoints the board.(e) A board will keep written minutes of all meetings. These minutes must be retained for at least five years and a copy forwarded to the commission upon request.(f) Board members will be appointed by the following authority:(1) for an agency academy, by the chief administrator as defined in §211.1 of this title;(2) for a college academy, by the dean or other person who appoints the training coordinator;(3) for a regional academy, by the head of the council of governments or other sponsoring entity holding the academy contract from names submitted by chief administrators from that area;(4) for a contractual training provider, by the chief administrator; or(5) for an academic alternative provider, by the dean or other person who appoints the training coordinator.(g) A member may be removed by the appointing authority.(h) A board is generally responsible for advising on the development of curricula and any other related duty that may be required by the commission.(i) The board must, as specific duties:(1) discharge its responsibilities and otherwise comply with commission rules;(2) set policies and procedures for the academy with the consent of the chief administrator;(3) advise on the need to study, evaluate, and identify specific training needs;(4) advise on the determination of the types, frequency, and location of courses to be offered;(5) advise on the establishment of the standards for admission, prerequisites, minimum and maximum class size, attendance, and retention; and(6) advise on the order of preference among employees or prospective appointees of the sponsoring organization and other persons, if any.(j) No person may be admitted to a training course without meeting the admission standards. The admission standards for licensing courses must be available for review by the commission upon request.(k) A board may, when discharging its responsibilities, request that a report be made or some other information be provided to them by a training or course coordinator.(l) The effective date of this section is November 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.7 adopted to be effective March 1, 2001, 26 TexReg 224; amended to be effective June 1, 2004, 29 TexReg 3812; amended to be effective June 1, 2006, 31 TexReg 2874; amended to be effective December 1, 2006, 31 TexReg 8729; amended to be effective July 6, 2009, 34 TexReg 4345; amended to be effective July 14, 2011, 36 TexReg 3933; amended to be effective February 1, 2014, 38 TexReg 9609; amended to be effective November 1, 2014, 39 TexReg 7934.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.8"><num value="215.8">§215.8</num><heading>Minimum Standards for Appointment as a Training Coordinator over a Basic Licensing Course.</heading><content>(a) A licensee currently appointed by a law enforcement agency that provides or reports a basic licensing course may be appointed by that same agency as a training coordinator if the licensee:(1) holds a peace officer license or the respective license for the course to be taught;(2) holds a valid instructor proficiency certificate or license; and(3) has completed the basic training coordinator course:(A) for an initial appointment as a training coordinator, within six months after appointment; or(B) for any subsequent appointment, prior to being appointed.(b) Any individual to which subsection (a) of this section does not apply must meet the following minimum standards to be appointed as a training coordinator for a training provider that provides or reports any basic licensing course:(1) minimum age requirement:(A) 21 years of age for providers who provide a peace officer basic licensing course, or 18 years of age if the individual has received:(i) an associate's degree or 60 semester hours of credit from an accredited college or university; or(ii) an honorable discharge from the armed forces of the United States after at least two years of active service; or(B) 18 years of age for providers who provide jailer or telecommunicator basic licensing courses;(2) minimum educational requirements:(A) holds a valid instructor proficiency certificate or license; (B) has completed the basic training coordinator course:(i) for an initial appointment as a training coordinator, within six months after appointment; or(ii) for any subsequent appointment, prior to being appointed; and(C) satisfies one of the following requirements:(i) has passed a general educational development (GED) test indicating high school graduation level;(ii) holds a high school diploma; or(iii) has an honorable discharge from the armed forces of the United States after at least 24 months of active duty service;(3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record;(4) has never been on court-ordered community supervision or probation for any criminal offense above the grade of Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order;(5) is not currently charged with any criminal offense for which conviction would be a bar to licensure;(6) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years;(7) has never been convicted or placed on community supervision in any court of an offense involving family violence;(8) for providers who provide a peace officer basic licensing course, is not prohibited by state or federal law from operating a motor vehicle;(9) is not prohibited by state or federal law from possessing firearms or ammunition;(10) has been subjected to a background investigation completed by the training provider into the individual's personal history. A background investigation shall include, at a minimum, the following:(A) the training provider shall:(i) require completion of the commission-approved personal history statement; and(ii) meet all requirements enacted in Texas Occupations Code §1701.451, including submission to the commission of a form confirming all requirements have been met. An in-person review of personnel records is acceptable in lieu of making the personnel records available electronically if a hiring training provider and a previous employing training provider or law enforcement agency mutually agree to the in-person review;(11) examined by a physician, selected by the training provider, who is licensed by the Texas Medical Board. The physician must be familiar with the duties of a training coordinator. The individual must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the training provider to be:(A) physically sound and free from any defect which may adversely affect the performance of duties of the training coordinator; and(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test;(12) examined by a psychologist, selected by the training provider, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties appropriate to a training coordinator. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as a training coordinator. The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of a review of a job description for a training coordinator; review of any personal history statements; review of any background documents; at least two instruments, one which measures personality traits and one which measures psychopathology; and a face-to-face interview conducted after the instruments have been scored. The individual must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of the appointment by the training provider;(13) has never received a dishonorable discharge from the armed forces of the United States;(14) has not had a commission or out-of-state equivalent license denied by final order or revoked;(15) is not currently on suspension, or does not have a surrender of a commission or out-of-state equivalent license currently in effect; and(16) is a U.S. citizen or is a legal permanent resident of the United States, if the individual is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and presents evidence satisfactory to the commission that the individual has applied for United States citizenship. (c) For the purposes of this section, the commission will construe any court-ordered community supervision, probation or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:(1) another penal provision of Texas law; or(2) a penal provision of any other state, federal, military or foreign jurisdiction.(d) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.(e) An individual who fails to meet the minimum standards set forth in this section shall not accept appointment as a training coordinator over a basic licensing course. If an application for appointment is found to be false or untrue or if the individual did not meet minimum standards at the time of appointment, the training provider must terminate the appointment if directed by the commission.(f) If a training coordinator appointed over a basic licensing course no longer meets the minimum standards set forth in this section, the training provider must terminate the appointment if directed by the commission. (g) If an individual does not complete the basic training coordinator course within six months of initial appointment as a training coordinator over a basic licensing course, the training provider must terminate the appointment if directed by the commission. The individual is not eligible for another appointment as a training coordinator until the basic training coordinator course is completed.(h) In order to appoint an individual as a training coordinator over a basic licensing course, a training provider must have on file documentation, acceptable to the commission, that the individual meets the minimum standards for appointment. The training provider must submit an appointment application and receive approval from the commission before the individual may discharge the duties of a training coordinator.(i) A training coordinator appointed over a basic licensing course must complete training coordinator specific continuing education biennially as prescribed by the commission.(j) The effective date of this section is November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §215.8 adopted to be effective November 1, 2025, 50 TexReg 7021.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.9"><num value="215.9">§215.9</num><heading>Training Coordinator</heading><content>(a) A training coordinator must hold a valid instructor license or certificate and must be a full-time paid employee of that Training Provider.(b) The training coordinator must:(1) ensure compliance with commission rules and guidelines; (2) prepare, maintain, and submit the following reports within the time frame specified:(A) reports of training:(i) basic licensing course shall be submitted prior to students attempting a licensing exam; and(ii) within 30 days of completion of continuing education course;(B) self-assessment reports as required by the commission; (C) a copy of advisory board minutes during an on-site evaluation;(D) training calendars-schedules must be available for review and posted on the internet, or another public venue, no later than 30 days prior to the beginning of each calendar quarter or academic semester. A continually updated and posted (live) calendar will meet this requirement; and(E) any other reports or records as requested by the commission;(3) report the separation of any student who fails to complete a basic licensing course on a form prescribed by the commission within 30 days;(4) be responsible for the administration and conduct of each course, including those conducted at ancillary sites, and specifically:(A) appointing and supervising qualified instructors;(B) maintaining course schedules and training files. At a minimum, training files shall contain:(i) complete lesson plan;(ii) clear learning objectives;(iii) instructor biography indicating subject matter expertise and teaching experience;(iv) approved class roster and original sign-in sheet; and(v) course evaluation;(C) enforcing all admission, attendance, retention, and other standards set by the commission and approved by the advisory board;(D) securing and maintaining all facilities necessary to meet the inspection standards of this section;(E) controlling the discipline and demeanor of each student and instructor during class;(F) distributing a current version of the Texas Occupations Code, Chapter 1701 and commission rules to all students at the time of admission to any course that may result in the issuance of a license;(G) distributing learning objectives to all students at the beginning of each course;(H) ensuring that all learning objectives are taught and evaluated;(I) proctoring or supervising all examinations to ensure fair, honest results; and(J) maintaining training files, records of tests, and other evaluation instruments for a period of five years;(5) receive all commission notices on behalf of the training provider and forward each notice to the appointing authority;(6) attend or have a designee attend each academy coordinator's workshop conducted by the commission. No person may serve as a representative for more than one provider per conference. Each representative must be affiliated with the training provider; and(7) notify the commission of any failed medical (L-2) or psychological (L-3) examination within 30 days on a form prescribed by the commission.(c) If the position of training coordinator becomes vacant, upon written request from the chief administrator of the training provider the commission may, at the discretion of the executive director, waive the requirements for a period not to exceed six months.(d) Upon written request from the chief administrator of a training provider that does not have a full-time paid staff, the commission may, at the discretion of the executive director, waive the requirements in subsection (a) of this section.(e) The effective date of this section is November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §215.9 adopted to be effective March 1, 2001, 26 TexReg 224; amended to be effective June 1, 2004, 29 TexReg 3813; amended to be effective January 7, 2007, 32 TexReg 101; amended to be effective July 6, 2009, 34 TexReg 4346; amended to be effective July 15, 2010, 35 TexReg 5580; amended to be effective January 1, 2012, 36 TexReg 8983; amended to be effective October 17, 2013, 38 TexReg 6603; amended to be effective November 1, 2014, 39 TexReg 7934; amended to be effective February 1, 2016, 41 TexReg 273; amended to be effective May 1, 2018, 43 TexReg 1879; amended to be effective May 1, 2025, 50 TexReg 2609; amended to be effective November 1, 2025, 50 TexReg 7021.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.10"><num value="215.10">§215.10</num><heading>Course Instructor Requirements</heading><content>(a) An instructor teaching a course must:(1) hold a valid instructor license;(2) certificate; or(3) be designated, in writing, as a subject matter expert in the course by the training coordinator.(b) The instructor is responsible for:(1) ensuring compliance with commission rules and guidelines;(2) preparing, maintaining, and submitting the reports of training within the time frame specified by the Training Coordinator;(3) the administration and conduct of each course taught;(4) at a minimum, providing a complete lesson plan, clear learning objectives, instructor biography, approved class roster and original sign-in sheet, and course evaluation to the training coordinator for the training file;(5) enforcing all attendance and other standards set by the commission or the training advisory board;(6) maintaining the discipline and demeanor of each student during class;(7) distributing or presenting learning objectives to all students at the beginning of each course;(8) ensuring that all learning objectives are taught; and(9) ensuring examinations are proctored or supervised to have fair, honest results.(c) The effective date of this section is May 1, 2017.</content><note type="source"><p>Source Note: The provisions of this §215.10 adopted to be effective April 6, 2017, 42 TexReg 1777.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.11"><num value="215.11">§215.11</num><heading>Training Provider Evaluations</heading><content>(a) All training providers shall be evaluated periodically and randomly. Providers with deficiencies will be evaluated more frequently, as determined by the commission.(b) The commission may use the following information in assessing the performance of training providers:(1) licensing examination results;(2) reports from past evaluation records;(3) self-assessment reports;(4) on-site evaluations;(5) reports and evaluations from students, law enforcement agencies, and citizens;(6) commission records;(7) course records;(8) observations by commission staff;(9) information used as risk assessment factors; and(10) any other relevant information about performance and practices.(c) The results of the evaluation will be forwarded to the chief administrator, training coordinator, and advisory board chair.(d) The effective date of this section is July 6, 2009.</content><note type="source"><p>Source Note: The provisions of this §215.11 adopted to be effective March 1, 2001, 26 TexReg 225; amended to be effective June 1, 2006, 31 TexReg 2874; amended to be effective July 6, 2009, 34 TexReg 4346.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.13"><num value="215.13">§215.13</num><heading>Risk Assessment</heading><content>(a) A training provider may be found at risk and placed on at-risk probationary status if:(1) for those providing licensing courses, the passing rate on a licensing exam for all attempts for any three consecutive state fiscal years is less than 80 percent of the students attempting the licensing exam;(2) courses taught by academic alternative providers are not conducted in compliance with Higher Education Program Guidelines accepted by the commission;(3) commission required learning objectives are not taught;(4) lesson plans for classes conducted are not on file;(5) examination and other evaluative scoring documentation is not on file;(6) the training provider submits false reports to the commission;(7) the training provider makes repeated errors in reporting;(8) the training provider does not respond to commission requests for information;(9) the training provider does not comply with commission rules or other applicable law;(10) the training provider does not achieve the goals identified in its application for a contract;(11) the training provider does not meet the needs of the officers and law enforcement agencies served; or(12) the commission has received sustained complaints or evaluations from students or the law enforcement community concerning the quality of training or failure to meet training needs for the service area.(b) A training provider may be found at risk and placed on at-risk probationary status if:(1) the contractor provides licensing courses and fails to comply with the passing rates in subsection (a)(1) of this section;(2) lesson plans for classes conducted are not on file;(3) examination and other evaluative scoring documentation is not on file;(4) the provider submits false reports to the commission;(5) the provider makes repeated errors in reporting;(6) the provider does not respond to commission requests for information;(7) the provider does not comply with commission rules or other applicable law;(8) the provider does not achieve the goals identified in its application for a contract;(9) the provider does not meet the needs of the officers and law enforcement agencies served; or(10) the commission has received sustained complaints or evaluations from students or the law enforcement community concerning the quality of training or failure to meet training needs for the service area.(c) An academic alternative provider may be found at risk and placed on at-risk probationary status if:(1) the academic alternative provider fails to comply with the passing rates in subsection (a)(1) of this section;(2) courses are not conducted in compliance with Higher Education Program Guidelines accepted by the commission;(3) the commission required learning objectives are not taught;(4) the program submits false reports to the commission;(5) the program makes repeated errors in reporting;(6) the program does not respond to commission requests for information;(7) the program does not comply with commission rules or other applicable law;(8) the program does not achieve the goals identified in its application for a contract;(9) the program does not meet the needs of the students and law enforcement agencies served; or(10) the commission has received sustained complaints or evaluations from students or the law enforcement community concerning the quality of education or failure to meet education needs for the service area.(d) If at risk, the chief administrator of the sponsoring organization, or the training coordinator, must report to the commission in writing within 30 days what steps are being taken to correct deficiencies and on what date they expect to be in compliance.(e) The chief administrator of the sponsoring organization, or the training coordinator, shall report to the commission the progress toward compliance within the timelines provided in the management response as provided in subsection (d) of this section.(f) The commission shall place providers found at-risk on probationary status for one year. If the provider remains at-risk after a 12-month probationary period, the commission shall begin the revocation process. If a provider requests a settlement agreement, the commission may enter into an agreement in lieu of revocation.(g) A training or educational program placed on at-risk probationary status must notify all students and potential students of their at-risk status.(h) The effective date of this section is April 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §215.13 adopted to be effective March 1, 2001, 26 TexReg 225; amended to be effective June 1, 2004, 29 TexReg 3814; amended to be effective June 1, 2007, 32 TexReg 1916; amended to be effective July 6, 2009, 34 TexReg 4346; amended to be effective January 14, 2010, 34 TexReg 9477; amended to be effective July 14, 2011, 36 TexReg 3933; amended to be effective January 17, 2013, 37 TexReg 10251; amended to be effective February 1, 2014, 38 TexReg 9610; amended to be effective February 1, 2016, 41 TexReg 273; amended to be effective April 1, 2024, 49 TexReg 1966.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.17"><num value="215.17">§215.17</num><heading>General Contract Procedures and Provisions</heading><content>(a) Once an application is approved, the commission and a training provider may enter into a training provider contract for a term no longer than five years.(b) To renew a contract, the training provider must apply to the commission using the current renewal application and at least six months prior to expiration of a contract.(c) The commission may renew a training provider contract for any term deemed appropriate and dependent upon an evaluation which includes an assessment of the provider's compliance with: commission standards; terms of the contract; and program performance.(d) A contract may approve courses and the number of times they will be offered.(e) The commission will award training credit for any course conducted by a training provider unless:(1) training was not conducted as required by contract or commission rules;(2) courses were not conducted in compliance with other applicable governing standards, including Texas Higher Education Coordinating Board (THECB) guidelines;(3) training is not related to a commission license;(4) an advisory board, academy, training coordinator, course coordinator, or instructor failed to discharge any responsibility required by contract or commission rule;(5) credit was claimed by deceitful or untruthful means;(6) distance education courses of a proprietary nature, equivalency, or the distance education portion of a basic licensing course were not submitted and approved under commission distance education guidelines; or(7) the training provider has not complied with terms of a contract.(f) Once under contract, the chief administrator of the sponsoring organization or the training coordinator must submit a written report within thirty days of:(1) any change in the chief administrator or training coordinator;(2) any failure to meet commission rules and standards by the academy, training coordinator, instructors, or advisory board;(3) when non-compliance with federal or state requirements is discovered;(4) any change in name, physical location, mailing address, electronic mail address, or telephone number; or(5) any change in the department dean, Southern Association of Colleges and Schools, or THECB status for academic alternative training providers.(g) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.17 adopted to be effective February 1, 2014, 38 TexReg 9610.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.19"><num value="215.19">§215.19</num><heading>Contract Cancellation, Suspension, and Termination</heading><content>(a) The commission may cancel a contract issued in error or based on false or incorrect information.(b) The commission may suspend operation of a contract for a training provider's noncompliance with the terms of the contract or any commission rule or law. Operation of the contract may be suspended for a period of time, including a period pending outcome of an investigation or until remedial compliance with applicable standards has been met.(c) The commission may terminate a training provider contract if the:(1) training coordinator intentionally or knowingly submits, or causes the submission of, a falsified document or a false written statement or representation to the commission;(2) provider has not met the needs of the communities or agencies it serves;(3) provider fails to comply with any term of a contract or violation of a commission rule or law, including when a provider has been classified as at risk under this chapter for a twelve-month period without complying with commission rules;(4) provider has failed to conduct training within a calendar year without a waiver from the commission; or(5) provider has lost accreditation, including Southern Association of Colleges and Schools or Texas Higher Education Coordinating Board approval.(d) A contract may be terminated with ten days written notice by the commission or training provider. A training provider contract shall incorporate by reference all requirements and standards under Texas Occupations Code Chapter 1701, commission rules, and any other applicable law.(e) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §215.19 adopted to be effective February 1, 2014, 38 TexReg 9611.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c215/sc/s215.21"><num value="215.21">§215.21</num><heading>Credit for High School Public Services Endorsement</heading><content>(a) In addition to the units of the basic peace officer course, a law enforcement academy shall report 40 additional training hours for an applicant who provides a high school transcript indicating that the applicant has earned a public services endorsement under Texas Education Code §28.025(c-1).(b) The transcript must reflect that the applicant has completed courses that directly relate to law enforcement, such as those in the Law, Public Safety, Corrections, and Security Career Cluster under 19 TAC Chapter 130, Subchapter L.(c) The effective date of this section is February 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §215.21 adopted to be effective February 1, 2018, 42 TexReg 7725.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c217"><num value="217">CHAPTER 217</num><heading>ENROLLMENT, LICENSING, APPOINTMENT, AND SEPARATION</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c217/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c217/sc/s217.1"><num value="217.1">§217.1</num><heading>Minimum Standards for Enrollment and Initial Licensure</heading><content>(a) In order for an individual to enroll in any basic licensing course the provider must have on file documentation, acceptable to the Commission, that the individual meets eligibility for licensure.(b) The commission shall issue a license to an applicant who meets the following standards:(1) minimum age requirement:(A) for peace officers and public security officers, is 21 years of age; or 18 years of age if the applicant has received:(i) an associate's degree; or 60 semester hours of credit from an accredited college or university; or(ii) has received an honorable discharge from the armed forces of the United States after at least two years of active service;(B) for jailers and telecommunicators is 18 years of age;(2) minimum educational requirements:(A) has passed a general educational development (GED) test indicating high school graduation level;(B) holds a high school diploma; or(C) for enrollment purposes in a basic peace officer academy only, has an honorable discharge from the armed forces of the United States after at least 24 months of active duty service;(3) is fingerprinted and is subjected to a search of local, state and U.S. national records and fingerprint files to disclose any criminal record;(4) has never been on court-ordered community supervision or probation for any criminal offense above the grade of Class B misdemeanor or a Class B misdemeanor within the last ten years from the date of the court order;(5) is not currently charged with any criminal offense for which conviction would be a bar to licensure;(6) has never been convicted of an offense above the grade of a Class B misdemeanor or a Class B misdemeanor within the last ten years;(7) has never been convicted or placed on community supervision in any court of an offense involving family violence as defined under Chapter 71, Texas Family Code;(8) for peace officers, is not prohibited by state or federal law from operating a motor vehicle;(9) for peace officers, is not prohibited by state or federal law from possessing firearms or ammunition;(10) has been subjected to a background investigation completed by the enrolling or appointing entity into the applicant's personal history. A background investigation shall include, at a minimum, the following:(A) An enrolling entity shall:(i) require completion of the Commission-approved personal history statement; and(ii) verify that the applicant meets each individual requirement for licensure under this rule based on the personal history statement and any other information known to the enrolling entity; and(iii) contact all previous enrolling entities.(B) In addition to subparagraph (A) of this paragraph, a law enforcement agency or law enforcement agency academy shall:(i) require completion of the Commission-approved personal history statement; and(ii) meet all requirements enacted in Occupations Code 1701.451, including submission to the Commission of a form confirming all requirements have been met. An in-person review of personnel records is acceptable in lieu of making the personnel records available electronically if a hiring agency and a previous employing law enforcement agency mutually agree to the in-person review.(11) examined by a physician, selected by the appointing or employing agency, who is licensed by the Texas Medical Board. The physician must be familiar with the duties appropriate to the type of license sought and appointment to be made. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of appointment by the agency to be:(A) physically sound and free from any defect which may adversely affect the performance of duty appropriate to the type of license sought;(B) show no trace of drug dependency or illegal drug use after a blood test or other medical test; and(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory medical exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;(12) examined by a psychologist, selected by the appointing, employing agency, or the academy, who is licensed by the Texas State Board of Examiners of Psychologists. This examination may also be conducted by a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties appropriate to the type of license sought. The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to serve as the type of officer for which the license is sought. The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of a review of a job description for the position sought; review of any personal history statements; review of any background documents; at least two instruments, one which measures personality traits and one which measures psychopathology; and a face to face interview conducted after the instruments have been scored. The appointee must be declared by that professional, on a form prescribed by the commission, within 180 days before the date of the appointment by the agency;(A) the commission may allow for exceptional circumstances where a licensed physician performs the evaluation of psychological and emotional health. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; or(B) the examination may be conducted by qualified persons identified by Texas Occupations Code § 501.004. This requires the appointing agency to request in writing and receive approval from the commission, prior to the evaluation being completed; and(C) for the purpose of meeting the requirements for initial licensure, an individual's satisfactory psychological exam that is conducted as a requirement of a basic licensing course may remain valid for 180 days from the individual's date of graduation from that academy, if accepted by the appointing agency;(13) has never received a dishonorable discharge from the armed forces of the United States;(14) has not had a commission license denied by final order or revoked;(15) is not currently on suspension, or does not have a surrender of license currently in effect;(16) meets the minimum training standards and passes the commission licensing examination for each license sought;(17) is a U.S. citizen or is a legal permanent resident of the United States, if the person is an honorably discharged veteran of the armed forces of the United States with at least two years of service before discharge and presents evidence satisfactory to the commission that the person has applied for United States citizenship.(c) For the purposes of this section, the commission will construe any court-ordered community supervision, probation or conviction for a criminal offense to be its closest equivalent under the Texas Penal Code classification of offenses if the offense arose from:(1) another penal provision of Texas law; or(2) a penal provision of any other state, federal, military or foreign jurisdiction.(d) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.(e) A person must meet the training and examination requirements:(1) training for the peace officer license consists of:(A) the current basic peace officer course(s);(B) a commission recognized, POST developed, basic law enforcement training course, to include:(i) out of state licensure or certification; and(ii) submission of the current eligibility application and fee; or(C) a commission approved academic alternative program, taken through a licensed academic alternative provider and at least an associate's degree.(2) training for the jailer license consists of the current basic county corrections course(s) or training recognized under Texas Occupations Code §1701.310;(3) training for the public security officer license consists of the current basic peace officer course(s);(4) training for telecommunicator license consists of telecommunicator course; and(5) passing any examination required for the license sought while the exam approval remains valid.(f) The commission may issue a provisional license, consistent with Texas Occupations Code §1701.311, to an agency for a person to be appointed by that agency. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a provisional license. A provisional license is issued in the name of the applicant; however, it is issued to and shall remain in the possession of the agency. Such a license may neither be transferred by the applicant to another agency, nor transferred by the agency to another applicant. A provisional license may not be reissued and expires:(1) 12 months from the original appointment date;(2) on leaving the appointing agency; or(3) on failure to comply with the terms stipulated in the provisional license approval.(g) The commission may issue a temporary jailer license, consistent with Texas Occupations Code §1701.310. A jailer appointed on a temporary basis shall be enrolled in a basic jailer licensing course on or before the 90th day after their temporary appointment. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a temporary jailer license. A temporary jailer license may not be renewed, except that the sheriff may petition the commission to extend the temporary appointment for a period not to exceed six months. A temporary jailer license expires:(1) 12 months from the original appointment date;(2) at the end of a six-month extension, if granted; or(3) on completion of training and passing of the jailer licensing examination.(h) A person who has previously been issued a temporary jailer license and separated from that position may be subsequently appointed on a temporary basis as a county jailer at the same or a different county jail only if the person was in good standing at the time the person separated from the position.(i) A person who has cumulatively served as a county jailer on a temporary basis for two years may continue to serve for the remainder of that temporary appointment, not to exceed the first anniversary of the date of the most recent appointment. The person is not eligible for an extension of that appointment or for a subsequent appointment on a temporary basis as a county jailer at the same or a different county jail until the first anniversary of the date the person separates from the temporary appointment during which the person reached two years of cumulative service.(j) A person whose county jailer license has become inactive may be appointed as a county jailer on a temporary basis.(k) The commission may issue a temporary telecommunicator license, consistent with Texas Occupations Code §1701.405. An agency must submit all required applications currently prescribed by the commission and all required fees before the individual is appointed. Upon the approval of the application, the commission will issue a temporary telecommunicator license. A temporary telecommunicator license expires:(1) 12 months from the original appointment date; or(2) on completion of training and passing of the telecommunicator licensing examination. On expiration of a temporary license, a person is not eligible for a new temporary telecommunicator license for one year.(l) A person who fails to comply with the standards set forth in this section shall not accept the issuance of a license and shall not accept any appointment. If an application for licensure is found to be false or untrue, it is subject to cancellation or recall.(m) The effective date of this section is April 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §217.1 adopted to be effective November 1, 2014, 39 TexReg 7935; amended to be effective February 1, 2016, 41 TexReg 274; amended to be effective May 1, 2018, 43 TexReg 1879; amended to be effective February 5, 2020, 45 TexReg 765; amended to be effective June 1, 2022, 47 TexReg 2883; amended to be effective April 1, 2024, 49 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c217/sc/s217.3"><num value="217.3">§217.3</num><heading>Application for License and Initial Report of Appointment</heading><content>(a) An agency appointing an individual who does not hold a commission license must file an application for the appropriate license with the commission. The application must be approved with a license issuance date before the individual is appointed or commissioned. The application must be completed, signed, and filed with the commission by the agency's chief administrator or designee.(b) An application for a license or initial report of appointment must be submitted in an application format currently accepted by the commission.(c) An agency that files an application for licensing must keep on file and in a format readily accessible to the commission a copy of the documentation necessary to show each licensee appointed by that agency met the minimum standards for licensing, including weapons proficiency for peace officers.(d) An agency must retain records required under subsection (c) of this section for a minimum of five years after the licensee's termination date with that agency. The records must be maintained in a format readily accessible to the commission.(e) An agency failing to appoint an individual within 30 days after submitting an application must report a termination of employment in the current commission format.(f) The effective date of this section is January 17, 2013.</content><note type="source"><p>Source Note: The provisions of this §217.3 adopted to be effective March 1, 2001, 26 TexReg 227; amended to be effective June 1, 2004, 29 TexReg 3816; amended to be effective March 1, 2008, 33 TexReg 282; amended to be effective January 1, 2012, 36 TexReg 8990; amended to be effective January 17, 2013, 37 TexReg 10252.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c217/sc/s217.5"><num value="217.5">§217.5</num><heading>Denial and Cancellation</heading><content>(a) The commission may deny an application for any license and may refuse to accept a report of appointment if the:(1) applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;(2) applicant has not affixed any required signature;(3) required forms or documentation are incomplete, illegible, or are not attached;(4) application is not submitted or signed by a chief administrator, or designee with authority to appoint the applicant to the position reported;(5) application is not submitted by the appointing agency or entity;(6) agency reports the applicant in a capacity that does not require the license sought;(7) agency fails to provide documentation, if requested, of the agency's creation or authority to appoint persons in the capacity of the license sought or the agency is without such authority; or(8) application contains a false assertion by any person; or(9) applicant is subject to pending administrative action against a commission-issued license.(b) An agency chief administrator or school district may not appoint an applicant subject to pending administrative action based on:(1) enrollment or licensure ineligibility; or(2) statutory suspension or revocation.(c) If an application is found to be incorrect or subject to denial under subsection (a) of this section, any license issued to the applicant by the commission is subject to cancellation.(d) Any such document may expire or be cancelled, surrendered, suspended, revoked, deactivated, or otherwise invalidated. Mere possession of the physical document does not necessarily mean that the person:(1) currently holds, has ever held, or has any of the powers of the office indicated on the document; or(2) still holds an active, valid license, or certificate.(e) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §217.5 adopted to be effective March 1, 2001, 26 TexReg 227; amended to be effective June 1, 2004, 29 TexReg 3817; amended to be effective January 17, 2013, 37 TexReg 10253; amended to be effective February 1, 2014, 38 TexReg 9611.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c217/sc/s217.7"><num value="217.7">§217.7</num><heading>Reporting Appointment and Separation of a Licensee</heading><content>(a) Before a law enforcement agency may appoint a person licensed or seeking a license as a peace officer, county jailer, or telecommunicator the agency head or designee must:(1) obtain the person's written consent for the agency to view the person's employment records;(2) obtain a copy of the Personal Status Report (PSR) maintained by the commission;(3) obtain a completed, signed, and notarized Personal History Statement (PHS);(4) obtain a Computerized Criminal History (CCH) from TCIC and NCIC;(5) obtain proof of eligibility after separation from the military, if applicable;(6) conduct and document a background investigation;(7) for peace officers, obtain proof of weapons qualification within the 12 months preceding appointment;(8) for current licensees, electronically request and obtain the F-5 Return (F5R) from the commission, contact each of the person's previous law enforcement employers, and document the contact on the F5 return;(9) have the person fingerprinted and subjected to a search of local, state, and U.S. national records and fingerprint files to disclose any criminal record;(10) in addition to the requirements listed in this section:(A) For a licensee with more than 180 days since their last appointment:(i) obtain a new declaration of psychological and emotional health (L3 Form); and(ii) obtain a new declaration of the lack of any drug dependency or illegal drug use (L2 Form); and(B) For a person's initial appointment:(i) obtain proof of meeting educational requirements;(ii) obtain proof of meeting U.S. citizenship requirements; (iii) obtain a new declaration of psychological and emotional health (L3 Form), if more than 180 days from the graduation of the basic licensing course;(iv) obtain a new declaration of medical eligibility and lack of any drug dependency or illegal drug use (L2 Form), if more than 180 days from the graduation of the basic licensing course; and(v) submit an appointment application (L1 Form) and receive an approval of the application before the person discharges any duties related to the license sought; and(11) For current licensees, submit an Appointment Application (L1 Form) within 7 days of the appointment.(b) When a person licensed by the commission separates from an agency, the agency shall, within 7 business days:(1) submit a Separation report (Form F5) to the commission; and(2) provide a copy to the licensee in a manner prescribed by Texas Occupations Code section 1701.452.(c) A law enforcement agency that is given a signed consent form shall make the person's employment records available to a hiring law enforcement agency as authorized by Texas Occupations Code section 1701.451.(d) An agency must retain records kept under this section while the person is appointed and for a minimum of five years after the licensee's separation date with that agency. The records must be maintained under the control of the agency head or designee in a format readily accessible to the commission.(e) The effective date of this section is August 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §217.7 adopted to be effective April 6, 2017, 42 TexReg 1777; amended to be effective May 1, 2018, 43 TexReg 1879; amended to be effective February 5, 2020, 45 TexReg 768; amended to be effective August 1, 2025, 50 TexReg 4962.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c217/sc/s217.8"><num value="217.8">§217.8</num><heading>Contesting an Employment Termination Report</heading><content>(a) A person who is the subject of an employment termination report is entitled to file a petition contesting information included in the employment termination report. The written petition for correction of the report must be filed with the executive director on a form currently prescribed by the commission and a copy must be served on the law enforcement agency.(b) A petition described in subsection (a) of this section must be received by the executive director not later than the 30th day after the person receives a copy of the report of separation.(c) Upon receipt of the petition the executive director will refer the dispute to SOAH.(d) A proceeding conducted pursuant to subsection (c) of this section is a contested case under Chapter 2001, Texas Government Code. The parties to the proceeding shall be the person contesting the employment termination and the chief administrative officer of the law enforcement agency. The Commission is not considered a party in a proceeding conducted by SOAH. The chief administrative officer of the law enforcement agency shall have the burden of proof by a preponderance of the evidence. Following the contested case hearing, the administrative law judge shall issue a final order on the petition.(e) If the alleged misconduct is not supported by a preponderance of the evidence, the administrative law judge shall order the commission to change the report. The commission shall send the changed report to the law enforcement agency that prepared the original employment termination report. The law enforcement agency shall replace the original employment termination report with the changed report.(f) Any party to a proceeding described in subsection (d) of this section may file exceptions to the administrative law judge's final order in accordance with SOAH rules and procedures.(g) The results of a hearing described in subsection (d) of this section are enforceable by the commission pursuant to Chapter 1701, Texas Occupations Code and Chapter 2001, Texas Government Code.(h) The results of a hearing described in subsection (d) of this section are appealable in accordance with Chapter 2001, Texas Government Code.(i) A chief administrative officer of a law enforcement agency who fails to comply with the results of a hearing after all appeals available to the agency have been exhausted is subject to disciplinary action pursuant to Chapter 1701, Texas Occupations Code, and Chapter 223 of this title.(j) All information submitted under subsection (d) of this section is exempt from disclosure under the Public Information Act, Chapter 552, Texas Government Code, unless the individual resigned or was terminated due to substantiated incidents of excessive force or violations of law other than traffic offenses, and is subject to subpoena only in a judicial proceeding.(k) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §217.8 adopted to be effective June 1, 2006, 31 TexReg 2876; amended to be effective March 1, 2008, 33 TexReg 282; amended to be effective January 14, 2010, 34 TexReg 9477; amended to be effective October 28, 2010, 35 TexReg 9114; amended to be effective January 1, 2012, 36 TexReg 8991; amended to be effective February 1, 2014, 38 TexReg 9612.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c217/sc/s217.9"><num value="217.9">§217.9</num><heading>Refusal by Licensee to Submit to Medical or Psychological Examination</heading><content>(a) After receiving a report of a refusal by a licensee to submit to a requested medical or psychological examination, the commission shall issue a show cause order requiring the licensee to show cause for the refusal at a contested case hearing before SOAH.(b) The contested case hearing shall be scheduled not later than the 30th day after the date notice of the show cause order is served on the licensee, which shall be provided by personal service or by registered mail, return receipt requested.(c) The licensee may appear at the contested case hearing in person and by counsel and present evidence to justify the licensee's refusal to submit to the requested examination. Pursuant to Texas Occupations Code §1701.167(i), records relating to a request or order of the commission or a hearing or examination conducted under Texas Occupations Code §1701.167, including, if applicable, the identity of the person notifying the commission that a licensee may not meet the standards required under the adopted agency policy, are confidential.(d) If it is determined that the licensee did not have good cause to refuse the medical or psychological examination, the commission shall issue an order suspending indefinitely or otherwise restricting the licensee's license until the licensee submits to the requested examination. If it is determined that the licensee did have good cause to refuse the medical or psychological examination, the commission shall issue an order withdrawing the request for the examination.(e) The commission's order is subject to judicial review under Chapter 2001, Government Code.(f) The effective date of this section is September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §217.9 adopted to be effective September 1, 2024, 49 TexReg 3929.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c218"><num value="218">CHAPTER 218</num><heading>CONTINUING EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c218/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c218/sc/s218.1"><num value="218.1">§218.1</num><heading>Continuing Education Credit for Licensees</heading><content>(a) A continuing education course is any training course that is recognized by the commission, specifically:(1) legislatively required continuing education curricula and learning objectives developed by the commission;(2) training in excess of basic licensing course requirements;(3) training courses consistent with assigned duties; or(4) training not included in a basic licensing course.(b) A law enforcement agency submitting continuing education courses under the chief administrator's approval through a departmental report of training, must have the following on file and readily accessible to the commission:(1) lesson plans; or(2) certificate of completion with hours indicated on the certificate;(3) attendees' critique of the course that includes:(A) written evaluation of the instructor; and(B) an assessment of how this training was applicable to their assigned duties;(4) number of students attending from the agency;(5) copy of course outline (if available); and(6) copy of available handouts.(c) The commission may refuse credit for:(1) a course that does not contain a final examination or other skills test, if appropriate, as determined by the training provider;(2) annual firearms proficiency;(3) an out-of-state course not approved by that state's POST;(4) training that fails to meet any commission established length and published learning objectives;(5) an instructor claiming credit for a basic licensing course or more than one presentation of a non-licensing course by an instructor, per 24 month unit of a training cycle;(6) course(s) claimed by deceitful means;(7) courses provided by the same training provider and taken more than two times within one training unit; or(8) legislatively mandated or certification courses reported by unlicensed or non-contractual training providers.(d) The training provider or agency must report to the commission and keep on file in a format readily accessible to the commission, a copy of all continuing education course training reports.(e) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §218.1 adopted to be effective February 1, 2014, 38 TexReg 9615.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c218/sc/s218.3"><num value="218.3">§218.3</num><heading>Legislatively Required Continuing Education for Licensees</heading><content>(a) Each licensee shall complete the legislatively mandated continuing education in this chapter. Each appointing agency shall allow the licensee the opportunity to complete the legislatively mandated continuing education in this chapter. This section does not limit the number or hours of continuing education an agency may provide.(b) Each training unit (2 years)(1) Peace officers shall complete at least 40 hours of continuing education, to include the corresponding legislative update for that unit. Peace officers shall complete not less than 16 hours of training on responding to an active shooter as developed by the Advanced Law Enforcement Rapid Response Training Center at Texas State University-San Marcos. All peace officers shall complete ALERRT Level 1 training not later than August 31, 2027. Training for all chief administrators, who are licensed as peace officers, shall include ALERRT command and leadership training each training unit.(2) Telecommunicators shall complete at least 20 hours of continuing education to include cardiopulmonary resuscitation training.(c) Each training cycle (4 years)(1) Peace officers who have not yet reached intermediate proficiency certification shall complete: Cultural Diversity (3939), Special Investigative Topics (3232), Crisis Intervention (3843) and De-escalation (1849).(2) Individuals licensed as reserve law enforcement officers, jailers, or public security officers shall complete Cultural Diversity (3939), unless the person has completed or is otherwise exempted from legislatively required training under another commission license or certificate.(d) Assignment specific training(1) Police chiefs: individuals appointed as "chief" or "police chief" of a police department shall complete:(A) For an individual appointed to that individual's first position as chief, the initial training program for new chiefs provided by the Bill Blackwood Law Enforcement Management Institute, not later than the second anniversary of that individual's appointment or election as chief; and(B) At least 40 hours of continuing education for chiefs each 24-month unit, as provided by the Bill Blackwood Law Enforcement Management Institute.(2) Constables: elected or appointed constables shall complete:(A) For an individual appointed or elected to that individual's first position as constable, the initial training program for new constables provided by the Bill Blackwood Law Enforcement Management Institute, not later than the second anniversary of that individual's appointment or election as constable; and(B) Each 48 month cycle, at least 40 hours of continuing education for constables, as provided by the Bill Blackwood Law Enforcement Management Institute and a 20 hour course of training in civil process to be provided by a public institution of higher education selected by the Commission.(3) Deputy constables: each deputy constable shall complete a 20 hour course of training in civil process each training cycle. The commission may waive the requirement for this training if the constable, in the format required by TCOLE, requests exemption due to the deputy constable not engaging in civil process as part of their assigned duties.(4) New supervisors: each peace officer assigned to their first position as a supervisor must complete new supervisor training within one year prior to or one year after appointment as a supervisor.(5) School-based Law Enforcement Officers: School district peace officers and school resource officers providing law enforcement services at a school district must obtain a school-based law enforcement proficiency certificate within 180 days of the officer's commission or placement in the district or campus of the district.(6) Eyewitness Identification Officers: peace officers performing the function of eyewitness identification must first complete the Eyewitness Identification training (3286).(7) Courtroom Security Officers/Persons: any person appointed to perform courtroom security functions at any level shall complete the Courtroom Security course (10999) within 1 year of appointment.(8) Body-Worn Cameras: peace officers and other persons meeting the requirements of Occupations Code 1701.656 must first complete Body-Worn Camera training (8158).(9) Officers Carrying Epinephrine Auto-injectors: peace officers meeting the requirements of Occupations Code 1701.702 must first complete epinephrine auto-injector training.(10) Jailer Firearm Certification: jailers carrying a firearm as part of their assigned duties must first obtain the Jailer Firearms certificate before carrying a firearm.(11) University Peace Officers, Trauma-Informed Investigation Training: each university or college peace officer shall complete an approved course on trauma-informed investigation into allegations of sexual harassment, sexual assault, dating violence, and stalking.(e) Miscellaneous training(1) Human Trafficking: every peace officer first licensed on or after January 1, 2011, must complete Human Trafficking (3270) within 2 years of being licensed.(2) Canine Encounters: every peace officer first licensed on or after January 1, 2016, must take Canine Encounters (4065) within 2 years of being licensed.(3) Deaf and Hard of Hearing Drivers: every peace officer licensed on or after March 1, 2016, must complete Deaf and Hard of Hearing Drivers (7887) within 2 years of being licensed.(4) Civilian Interaction Training: every peace officer licensed before January 1, 2018, must complete Civilian Interaction Training Program (CITP) within 2 years. All other peace officers must complete the course within 2 years of being licensed.(5) Crisis Intervention Training: every peace officer licensed on or after April 1, 2018, must complete the 40 hour Crisis Intervention Training within 2 years of being licensed.(6) Mental Health for Jailers: all county jailers must complete Mental Health for Jailers not later than August 31, 2021.(f) The Commission may choose to accept an equivalent course for any of the courses listed in this chapter, provided the equivalent course is evaluated by commission staff and found to meet or exceed the minimum curriculum requirements of the legislatively mandated course.(g) The commission shall provide adequate notice to agencies and licensees of impending non-compliance with the legislatively required continuing education.(h) The chief administrator of an agency that has licensees who are in non-compliance shall, within 30 days of receipt of notice of non-compliance, submit a report to the commission explaining the reasons for such non-compliance.(i) Licensees shall complete the legislatively mandated continuing education in the first complete training unit, as required, or first complete training cycle, as required, after being licensed.(j) All peace officers must meet all continuing education requirements except where exempt by law.(k) The effective date of this section is September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §218.3 adopted to be effective November 1, 2018, 43 TexReg 7183; amended to be effective February 5, 2020, 45 TexReg 769; amended to be effective June 1, 2022, 47 TexReg 2885; amended to be effective April 1, 2024, 49 TexReg 1969; amended to be effective September 1, 2024, 49 TexRg 5538.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c218/sc/s218.5"><num value="218.5">§218.5</num><heading>Reporting Legislatively Required Continuing Education</heading><content>(a) Each agency, academy, or training provider shall maintain proof of a licensee's completion of legislatively required continuing education training in a format currently accepted by the commission. The report of training shall be submitted to the commission within 30 days following completion of the training. Failure to report training to the commission within 30 days is a violation of commission rules. Upon receipt of a properly completed report of training, the commission will make the appropriate entry into the training records of the licensee.(b) The chief administrator of an agency that has licensees who are in non-compliance shall, within 30 days of receipt of notice of non-compliance, submit a report to the commission explaining the reasons for such non-compliance.(c) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §218.5 adopted to be effective February 1, 2014, 38 TexReg 9616.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c218/sc/s218.7"><num value="218.7">§218.7</num><heading>Waiver of Legislatively Required Continuing Education</heading><content>(a) The executive director may waive the legislatively required continuing education for a licensee, as required by the Texas Occupations Code, Chapter 1701, if the licensee demonstrates the existence of mitigating circumstances justifying the licensee's failure to obtain the legislatively required continuing education.(b) Mitigating circumstances are defined as:(1) catastrophic illness or injury that prevents the licensee from performing active duty for longer than 12 months; or(2) active duty with the armed forces of the United States, or a reserve component of the armed forces of the United States for a time period in excess of 12 months.(c) A request for a waiver of the legislatively required continuing education due to mitigating circumstances shall be in writing, accompanied by verifying documentation, and shall be submitted to the executive director with a copy to the chief administrator of the licensee's appointing agency not less than 30 days prior to the end of the training unit.(d) Absent mitigating circumstances, a request for a waiver under this section shall be submitted to the executive director not less than 90 days prior to the end of the training unit.(e) The commission may waive the requirement for civil process training if not less than 90 days prior to the end of the training cycle:(1) the constable requests a waiver for the deputy constable based on a representation that the deputy constable's duty assignment does not involve civil process responsibilities; or(2) the constable or deputy constable requests a waiver because of hardship and the commission determines that a hardship exists.(f) Within 20 days of receiving a request for a waiver under this section, the executive director shall notify the licensee and the chief administrator of the licensee's appointing agency, whether the request has been granted or denied.(g) A licensee, whose request for a waiver under this section is denied, is entitled to a hearing in accordance with Texas Government Code, Chapter 2001. The licensee must request a hearing within 20 days of the waiver being denied. In a hearing pursuant to this subsection, the licensee is the petitioner and the executive director is the respondent. The burden of proof shall be on the licensee to show why he or she is entitled to a waiver of the legislatively required continuing education requirement.(h) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §218.7 adopted to be effective February 1, 2014, 38 TexReg 9616.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c218/sc/s218.9"><num value="218.9">§218.9</num><heading>Continuing Firearms Proficiency Requirements</heading><content>(a) Each agency or entity that employs at least one peace officer or at least one firearms certified jailer shall:(1) require each peace officer or firearm certified jailer that it employs to successfully complete the current firearms proficiency requirements at least once each calendar year for each type of firearm carried;(2) designate a firearms proficiency officer to be responsible for the documentation of annual firearms proficiency. The documentation for each officer shall include:(A) date of qualification;(B) identification of peace officer or jailer;(C) firearm manufacturer, model;(D) results of qualifying; and(E) course(s) of fire;(3) keep on file and in a format readily accessible to the commission a copy of all records of this proficiency.(b) The annual firearms proficiency requirements shall include:(1) an external inspection by the proficiency officer, range officer, firearms instructor, or gunsmith to determine the safety and functioning of the weapon(s);(2) a proficiency demonstration in the care and cleaning of the weapon(s) used; and(3) a course of fire that meets or exceeds the minimum standards.(c) The minimum standards for the annual firearms proficiency course of fire shall be:(1) handguns - a minimum of 50 rounds, fired at ranges from point-blank to at least 15 yards with at least 20 rounds at or beyond seven yards, including at least one timed reload;(2) shotguns - a minimum of five rounds of ammunition fired at a range of at least 15 yards;(3) precision rifles - a minimum of 20 rounds of ammunition fired at a range of at least 100 yards; however, an agency may, in its discretion, allow a range of less than 100 yards but not less than 50 yards if the minimum passing percentage is raised to 90;(4) patrol rifles - a minimum of 30 rounds of ammunition fired at a range of at least 50 yards, including at least one timed reload; however, an agency may, in its discretion, allow a range of less than 50 yards but not less than 10 yards if the minimum passing percentage is raised to 90;(5) fully automatic weapons - a minimum of 30 rounds of ammunition fired at ranges from seven to at least 10 yards, including at least one timed reload, with at least 25 rounds fired in full automatic (short bursts of two or three rounds), and at least five rounds fired semi-automatic, if possible with the weapon.(d) The minimum passing percentage shall be 70 for each firearm.(e) The executive director may, upon written agency request, waive a peace officer's demonstration of weapons proficiency based on a determination that the requirement causes a hardship.(f) The effective date of this section is February 1, 2020.</content><note type="source"><p>Source Note: The provisions of this §218.9 adopted to be effective February 1, 2014, 38 TexReg 9616; amended to be effective February 1, 2016, 41 TexReg 274; amended to be effective February 5, 2020, 45 TexReg 770.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c218/sc/s218.11"><num value="218.11">§218.11</num><heading>Child Safety Check Alert List Training</heading><content>(a) An education and training program on the Texas Crime Information Center's child safety check alert list will include instruction relating to:(1) the procedures for placing a child or other person on the child safety check alert list;(2) the manner in which an officer should interact with a child or other person on the child safety check alert list whom the officer locates; and(3) the procedures for removing a child or other person from the child safety check alert list.(b) The training program will be made available to employees in the child protective services division of the Department of Family and Protective Services, including caseworkers, supervisors, and special investigators.(c) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §218.11 adopted to be effective February 1, 2016, 41 TexReg 274.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c219"><num value="219">CHAPTER 219</num><heading>PRELICENSING, REACTIVATION, TESTS, AND ENDORSEMENTS</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c219/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.1"><num value="219.1">§219.1</num><heading>Eligibility to Take State Examinations</heading><content>(a) An individual may not take a licensing exam for a license they actively hold.(b) To be eligible to take a state licensing exam, an individual must:(1) have successfully completed a commission-approved basic licensing course or academic alternative program;(2) meet the requirements for reactivation if the individual is currently licensed;(3) meet the requirements for reinstatement if the individual is currently licensed;(4) meet the requirements if an individual is an out of state peace officer, federal criminal investigator, or military; or(5) be eligible to take the county corrections licensing exam as provided in Texas Occupations Code, Chapter 1701, §1701.310.(c) To maintain eligibility to attempt a licensing exam the applicant must meet the minimum standards for enrollment and initial licensure.(d) An eligible examinee will be allowed three attempts to pass the examination. All attempts must be completed within 180 days from the completion date of the licensing course. Any remaining attempts become invalid on the 181st day from the completion date of the licensing course, or if the examinee passes the licensing exam. If an attempt is invalidated for any other reason, that attempt will be counted as one of the three attempts.(e) The examinee must repeat the basic licensing course for the license sought if:(1) the examinee fails all three attempts to pass the licensing exam;(2) the examinee fails to complete all three attempts within 180 days from the completion date of the licensing course; or(3) the examinee is dismissed from an exam for cheating. If dismissed from an exam for cheating, all remaining attempts are invalidated.(f) An examinee that is required to repeat a basic licensing course under the provisions in subsection (e) of this section will not be allowed to repeat an academic alternative program.(g) If an individual is not appointed within 2 years from the date of their successful completion of the licensing exam, the license will be placed in an inactive status.(h) When applicable and in addition to this section, school marshal licenses are subject to the requirements of Chapter 227 of this title.(i) The effective date of this section is June 1, 2022.</content><note type="source"><p>Source Note: The provisions of this §219.1 adopted to be effective July 12, 2012, 37 TexReg 4604; amended to be effective February 1, 2014, 38 TexReg 9616; amended to be effective February 1, 2016, 41 TexReg 275; amended to be effective June 1, 2022, 47 TexReg 2886.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.2"><num value="219.2">§219.2</num><heading>Reciprocity for Out-of-State Peace Officers, Federal Criminal Investigators, and Military Police.</heading><content>(a) To be eligible to take a state licensing examination, an out of state, federal criminal investigator, or military police must comply with all provisions of §219.1 of this chapter and this section.(b) A prospective out-of-state peace officer, federal criminal investigator, or military police applicant for peace officer licensing in Texas must:(1) meet all statutory licensing requirements of the state of Texas and the rules of the commission;(2) successfully complete a supplementary peace officer training course, the curriculum of which is developed by the commission, any other courses, as required by the commission; and(3) successfully pass the Texas Peace Officer Licensing Examination as provided in §219.1 of this chapter.(c) Requirements (Peace Officers): Applicants who are peace officers from other U.S. states must meet the following requirements: (1) provide proof of successful completion of a state POST-approved (or state licensing authority) basic police officer training academy;(2) have honorably served (employed, benefits eligible) as a sworn full time paid peace officer for 2 continuous years. Service time applied to this section must have been obtained following completion of a state POST-approved basic training course;(3) be subject to continued employment or eligible for re-hire (excluding retirement); and(4) the applicant's license or certificate must never have been, nor currently be in the process of being, surrendered, suspended, or revoked.(d) Requirements (Federal): Texas Code of Criminal Procedure Article 2A.002 recognizes certain named criminal investigators of the United States as having the authority to enforce selected state laws by virtue of their authority. These individuals are deemed to have the equivalent training for licensure consideration. The Executive Director may identify other federal criminal investigators not listed in Texas Code of Criminal Procedure Article 2A.002 whose training and work experience are deemed to be appropriate for licensure consideration. (e) Qualifying Federal Officers must:(1) have successfully completed an approved federal agency law enforcement training course (equivalent course topics and hours) at the time of initial certification or appointment;(2) have honorably served (employed, benefits eligible) in one of the aforementioned federal full time paid capacities for 2 continuous years. Service time applied to this section must have been obtained following completion of a federal agency law enforcement approved basic training course; and(3) be subject to continued employment or eligible for re-hire (excluding retirement).(f) Requirements (Military): Must have a military police military occupation specialty (MOS) or air force specialty code (AFSC) classification approved by the commission.(g) Qualifying military personnel must provide proof of:(1) successfully completed basic military police course for branch of military served; and(2) active duty service for 2 continuous years. Service time applied to this section must have been obtained following completion of an approved basic military police course.(h) The applicant must make application and submit any required fee(s) in the format currently prescribed by the commission to take the peace officer licensing exam. The applicant must comply with the provisions of §219.1 of this chapter when attempting the licensing exam.(i) Required documents must accompany the application:(1) a certified or notarized copy of the basic training certificate for a peace officer, a certified or notarized copy of a federal agent's license or credentials, or a certified or notarized copy of the peace officer license or certificate issued by the state POST or proof of military training;(2) a notarized statement from the state POST, current employing agency or federal employing agency revealing any disciplinary action(s) that may have been taken against any license or certificate issued by that agency or any pending action;(3) a notarized statement from each applicant's employing agency confirming time in service as a peace officer or federal officer or agent;(4) a certified or notarized copy of the applicant's valid state-issued driver's license;(5) a certified copy of the applicant's military discharge (DD-214), if applicable; and(6) for applicants without a valid Texas drivers license, a passport-sized color photograph (frontal, shoulders and face), signed with the applicant's full signature on the back of the photograph.(j) The commission may request that applicants submit a copy of the basic and advanced training curricula for equivalency evaluation and final approval.(k) All out-of-state, federal, and military applicants will be subject to a search of the National Decertification Database (NDD), NCIC/TCIC, and National Criminal History Databases to establish eligibility.(l) Any applicant may be denied because of disciplinary action, including suspension or revocation, or misconduct in another jurisdiction.(m) All documents must bear original certification seals or stamps.(n) The effective date of this section is May 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §219.2 adopted to be effective January 7, 2007, 32 TexReg 102; amended to be effective October 26, 2009, 34 TexReg 6663; amended to be effective October 28, 2010, 35 TexReg 9115; amended to be effective January 1, 2012, 36 TexReg 8996; amended to be effective July 12, 2012, 37 TexReg 4604; amended to be effective February 5, 2020, 45 TexReg 770; amended to be effective May 1, 2025, 50 TexReg 2610.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.3"><num value="219.3">§219.3</num><heading>Examination Administration</heading><content>(a) Each examination may be given by a test administrator or by one or more proctors under the direction of the test administrator. Each administrator or proctor shall be either:(1) a member of the commission staff; or(2) another person designated by the executive director.(b) A member of the commission staff, a test administrator, or a proctor shall:(1) comply with testing agreements;(2) set the date, time, and location of the examination;(3) control entrance to and exit from the examination site;(4) verify photo identification;(5) bar admission to or dismiss any examinee who is not eligible to sit for the examination;(6) prohibit written material or electronic devices into the examination room(7) ensure that the examination remains secure and is conducted under conditions warranting honest results;(8) not communicate any of the content of an examination to another at any time;(9) not copy, or in any way reproduce any part of the examination;(10) not assist examinees with the exam;(11) monitor the examination while in progress; and(12) dismiss any examinee suspected of cheating and immediately report the dismissal for cheating to the commission.(c) The effective date of this section is January 1, 2012.</content><note type="source"><p>Source Note: The provisions of this §219.3 adopted to be effective March 1, 2001, 26 TexReg 230; amended to be effective June 1, 2004, 29 TexReg 3822; amended to be effective March 1, 2008, 33 TexReg 284; amended to be effective January 1, 2012, 36 TexReg 8997.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.5"><num value="219.5">§219.5</num><heading>Examinee Requirements</heading><content>(a) In order to attempt an examination, an examinee must:(1) present PID;(2) present a valid photo ID;(3) report on time;(4) not disrupt the examination;(5) comply with all the written and verbal instructions of the proctor; and(6) shall not:(A) bring any written material into the examination room;(B) bring any electronic devices into the examination room;(C) share, copy, or in any way reproduce any part of the examination;(D) engage in any deceptive or fraudulent act to gain admission; or(E) solicit, encourage, direct, assist or aid another person to violate any provision of this section or to compromise the integrity of the examination.(b) Requests for accommodation shall be made according to the following procedures:(1) Individuals with diagnosed disabilities may request reasonable accommodation 90 days prior to the scheduling of the initial licensing examination per applicable laws. Special accommodations will not be granted after the third failed attempt.(2) Request for accommodation shall be made in a written, notarized format, 90 days prior to the scheduling of a licensing examination, preferably before an endorsement is issued. These requests should be submitted to the commission for review and determination. Request responses will be mailed no later than 60 days after receipt of request. Incomplete request packages will be returned without review.(3) Requested documents include:(A) A letter from the Academy Coordinator documenting accommodations made during the basic licensing course.(B) Documentation should include a diagnosis of the learning disability, conducted within two years of accommodation request. The diagnosis must include prescribed accommodation parameters.(C) The diagnosis must be conducted by a certified specialist or a documented health professional or educational specialist trained in the disability (i.e., Dyslexia Testing Specialist or a documented health professional or educational specialist trained in dyslexic training and assessment).(4) The commission should be notified in writing if an individual who has applied for an accommodation decides not to utilize the accommodation or to withdraw a request for review. A waiver of accommodation must be signed by applicant prior to scheduling of licensing examination.(5) An appeal can be made by the applicant in writing no later than two weeks after a denial determination. The appeal must outline the rationale behind the appeal and a list of further accommodations being requested for consideration. The Appeal will be reviewed by the Executive Director for consideration. Final determinations will be mailed to applicant no more than 30 days after receipt of the appeal.(c) The commission may deny or revoke any license or certificate held by a person who violates any of the provisions of this section. The commission may file a criminal complaint against any individual who steals or attempts to steal any portion of the examination, reproduces without permission any part of the examination, or who engages in any fraudulent act relating to the examination process.(d) The effective date of this section is June 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §219.5 adopted to be effective January 1, 2012, 36 TexReg 8998; amended to be effective June 1, 2014, 39 TexReg 3444.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.7"><num value="219.7">§219.7</num><heading>Scoring of Examinations</heading><content>(a) All official grading and notification shall come from the Austin office of the commission. A notice containing the results will be mailed to the examinee or faxed to the training coordinator or chief administrator.(b) The examination results forwarded to training coordinators shall include analyses of the examinees' performances.(c) For a score to be or remain valid the examinee must:(1) complete the answer sheet, or otherwise record the answers, as instructed; and(2) continue to meet current enrollment standards.(d) An examination score expires two years from the date of its entry into commission records.(e) The commission may deny, revoke, or suspend any license or certificate held by a person who violates or attempts to violate any provisions of this section.(f) If the commission invalidates an examination score for any reason, it may also, in the discretion of the executive director and for good cause shown, require a reexamination to obtain a substitute valid score.(g) Unless provided otherwise by rule, the minimum passing percentage on each examination shall be 70. The commission may, in its discretion, invalidate any question.(h) The effective date of this section is March 1, 2008.</content><note type="source"><p>Source Note: The provisions of this §219.7 adopted to be effective March 1, 2001, 26 TexReg 231; amended to be effective March 1, 2003, 27 TexReg 12377; amended to be effective March 1, 2008, 33 TexReg 284.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.11"><num value="219.11">§219.11</num><heading>Reactivation of a License</heading><content>(a) The commission will place all licenses in an inactive status at the end of the most recent training unit or cycle in which the licensee:(1) was not appointed at the end of the unit or cycle; and(2) did not meet continuing education requirements.(b) The holder of an inactive license is unlicensed for all purposes.(c) This section includes any permanent peace officer qualification certificate with an effective date before September 1, 1981.(d) The requirements to reactivate a license for a peace officer with less than 10 years of full-time service are:(1) If not appointed within two, but less than five, years from initial licensure:(A) meet current licensing standards;(B) successfully complete continuing education requirements, a supplemental peace officer training course, and a skills assessment course;(C) make application and submit any required fee(s); and(D) pass the reactivation exam.(2) If not appointed within five years of initial licensure:(A) meet current enrollment standards;(B) meet current licensing standards;(C) successfully complete the basic licensing course;(D) make application and submit any required fee(s); and(E) pass the licensing exam.(3) If less than two years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements; and(C) make application and submit any required fee(s) in the format currently prescribed by the commission.(4) If two years but less than five years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements and a supplemental peace officer training course;(C) make application and submit any required fee(s); and(D) pass the licensing exam.(5) If more than five years but less than ten years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements, a supplemental peace officer training course, and a skills assessment course;(C) make application and submit any required fee(s); and(D) pass the licensing exam.(6) Ten years or more from last appointment:(A) meet current enrollment standards;(B) meet current licensing standards;(C) successfully complete the basic licensing course;(D) make application and submit any required fee(s); and(E) pass the licensing exam.(e) The requirements to reactivate a license for a peace officer with 10 years but less than 15 years of full-time service are:(1) If less than two years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements; and(C) make application and submit any required fee(s) in the format currently prescribed by the commission.(2) If two years but less than five years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements, and, if applicable, a supplemental peace officer training course;(C) make application and submit any required fee(s); and(D) pass the reactivation exam.(3) If more than five years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements, and, if applicable, a supplemental peace officer training course and a skills assessment course;(C) make application and submit any required fee(s); and(D) pass the reactivation exam.(f) Unless exempted by Texas Occupations Code Section 1701.356, the requirements to reactivate a license for an honorably retired peace officer are:(1) meet current licensing standards;(2) meet current continuing education requirements; and(3) make application and submit any required fee(s).(g) School marshal licenses are subject to the reactivation and renewal procedures related to school marshals under Chapter 227 of this title.(h) The requirements to reactivate a jailer or telecommunicator license are:(1) If less than two years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements; and(C) make application and submit any required fee(s) in the format currently prescribed by the commission.(2) If two years but less than five years from last appointment:(A) meet current licensing standards;(B) successfully complete continuing education requirements;(C) make application and submit any required fee(s); and(D) pass the licensing exam.(3) If more than five years from last appointment:(A) meet current licensing standards;(B) successfully complete the applicable basic licensing course;(C) make application and submit any required fee(s); and(D) pass the licensing exam.(i) The effective date of this section is June 1, 2022.</content><note type="source"><p>Source Note: The provisions of this §219.11 adopted to be effective February 1, 2016, 41 TexReg 275; amended to be effective February 5, 2020, 45 TexReg 772; amended to be effective June 1, 2022, 47 TexReg 2887.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c219/sc/s219.25"><num value="219.25">§219.25</num><heading>License Requirements for Persons with Military Special Forces Training</heading><content>(a) In this section, "special forces" means a special forces component of the United States armed forces, including:(1) the United States Army Special Forces;(2) the United States Navy SEALs;(3) the United States Air Force Pararescue;(4) the United States Marine Corps Force Reconnaissance; and(5) any other component of the United States Special Operations Command approved by the commission.(b) An applicant qualifies to take the basic licensing examination if the applicant:(1) meets minimum licensing standards;(2) has provided military service records documenting that the applicant has served in the special forces;(3) successfully completes a training course developed for special forces veterans; and(4) completes a supplemental peace officer training course.(c) The effective date of this section is May 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §219.25 adopted to be effective February 1, 2014, 38 TexReg 9618; amended to be effective May 1, 2016, 41 TexReg 2499.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c221"><num value="221">CHAPTER 221</num><heading>PROFICIENCY CERTIFICATES</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c221/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.1"><num value="221.1">§221.1</num><heading>Proficiency Certificate Requirements</heading><content>(a) The commission shall issue proficiency certificates in accordance with the Texas Occupations Code §1701.402. Commission certificates issued pursuant to §1701.402 are neither required nor a prerequisite for establishing proficiency or training. The commission shall give credit toward proficiency certification for successful completion of hours or degrees at accredited colleges and universities or for military service.(b) To qualify for proficiency certificates, applicants must meet all the following proficiency requirements:(1) submit any required application currently prescribed by the commission, requested documentation, and any required fee;(2) have an active license or appointment for the corresponding certificate (not a requirement for Mental Health Officer Proficiency, Retired Peace Officer and Federal Law Enforcement Officer Firearms Proficiency, Firearms Instructor Proficiency, Firearms Proficiency for Community Supervision Officers, Firearms Proficiency for Juvenile Probation Officers or Instructor Proficiency);(3) must not have license(s) under suspension by the commission within the previous 5 years;(4) meet the continuing education requirements for the previous training cycle;(5) for firearms related certificates, not be prohibited by state or federal law or rule from attending training related to firearms or from possessing a firearm; and(6) academic degree(s) must be issued by an accredited college or university.(c) The commission may refuse an application if:(1) an applicant has not been reported to the commission as meeting all minimum standards, including any training or testing requirements;(2) an applicant has not affixed any required signature;(3) required forms are incomplete;(4) required documentation is incomplete, illegible, or is not attached; or(5) an application contains a false assertion by any person.(d) The commission shall cancel and recall any certificate if the applicant was not qualified for its issue and it was issued:(1) by mistake of the commission or an agency; or(2) based on false or incorrect information provided by the agency or applicant.(e) If an application is found to be false, any license or certificate issued to the appointee by the commission will be subject to cancellation and recall.(f) The issuance date of a proficiency certificate may be changed upon submission of an application along with documentation supporting the proposed date of eligibility and payment of any required fee.(g) The effective date of this section is February 1, 2020.</content><note type="source"><p>Source Note: The provisions of this §221.1 adopted to be effective July 14, 2011, 36 TexReg 3934; amended to be effective February 5, 2020, 45 TexReg 772.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.3"><num value="221.3">§221.3</num><heading>Proficiency Certificates</heading><content>(a) To qualify for a basic, intermediate, advanced, or master proficiency certificate, an applicant must meet all current proficiency requirements set by the commission.(b) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §221.3 adopted to be effective February 1, 2016, 41 TexReg 276.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.7"><num value="221.7">§221.7</num><heading>Investigative Hypnosis Proficiency</heading><content>(a) To qualify for an investigative hypnosis proficiency certificate, an applicant must meet all proficiency requirements including:(1) successful completion of the current basic investigative hypnosis course; and(2) pass the approved examination for investigative hypnosis proficiency.(b) A certificate is valid for two years.(c) To keep the certificate valid, the holder must successfully complete an update course once every two years.(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.(e) The effective date of this section is October 17, 2013.</content><note type="source"><p>Source Note: The provisions of this §221.7 adopted to be effective March 1, 2001, 26 TexReg 233; amended to be effective October 17, 2013, 38 TexReg 6604.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.11"><num value="221.11">§221.11</num><heading>Mental Health Officer Proficiency</heading><content>(a) To qualify for a mental health officer proficiency certificate, an applicant must meet the following requirements:(1) currently appointed as a peace officer, county jailer, or justice of the peace;(2) at least two years experience as a peace officer, county jailer, or justice of the peace;(3) if not currently a commissioned peace officer or county jailer, an applicant must meet the current enrollment standards;(4) if an applicant is a commissioned peace officer or county jailer, an applicant must not ever have had a license or certificate issued by the commission suspended or revoked;(5) if an applicant is a commissioned peace officer or county jailer, an applicant must have met the continuing education requirements for the previous training cycle;(6) successful completion of a training course in emergency first aid and lifesaving techniques (Red Cross or equivalent); and(7) successful completion of the current mental health officer training course and pass the approved examination for mental health officer proficiency.(b) The effective date of this section is January 14, 2010.</content><note type="source"><p>Source Note: The provisions of this §221.11 adopted to be effective March 1, 2001, 26 TexReg 233; amended to be effective January 14, 2010, 34 TexReg 9480.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.19"><num value="221.19">§221.19</num><heading>Firearms Instructor Proficiency</heading><content>(a) To qualify for a firearms instructor proficiency certificate, an applicant must meet all proficiency requirements including:(1) at least three years' experience as a licensee or a firearms instructor;(2) holds a current instructor license or certificate issued by the commission; and(3) successful completion of the commission's firearms instructor course, or a firearms instructor course that meets or exceeds the minimum standards established and approved by the commission.(b) The effective date of this section is June 1, 2006.</content><note type="source"><p>Source Note: The provisions of this §221.19 adopted to be effective March 1, 2001, 26 TexReg 235; amended to be effective June 1, 2004, 29 TexReg 3826; amended to be effective January 1, 2005, 29 TexReg 9694; amended to be effective June 1, 2006, 31 TexReg 2879.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.21"><num value="221.21">§221.21</num><heading>Firearms Proficiency for Community Supervision Officers</heading><content>(a) To qualify for a firearms proficiency certificate for community supervision and parole officers, an applicant must meet the following requirements including:(1) currently employed as a community supervision officer by a Community Supervision and Corrections Department (CSCD), or parole officer employed by the Texas Department of Criminal Justice (TDCJ); and(2) successful completion of the commission's current firearms training program for community supervision officers.(b) The holder of a certificate issued under this section must meet the firearms proficiency requirements at least once every 12 months.(c) Certificates issued under this section expire two years from date of issuance. Within forty-five days of the expiration of a certificate, a supervision officer may apply for the issuance of a renewal. Supervision officers must meet the requirements in subsections (a)(1) and (b) of this section in order to renew the certificate.(d) The effective date of this section is July 15, 2010.</content><note type="source"><p>Source Note: The provisions of this §221.21 adopted to be effective March 1, 2001, 26 TexReg 235; amended to be effective October 26, 2009, 34 TexReg 6664; amended to be effective July 15, 2010, 35 TexReg 5581.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.23"><num value="221.23">§221.23</num><heading>Academic Recognition Award</heading><content>(a) To qualify, an applicant for an academic recognition award must meet all proficiency requirements including:(1) at least two years experience as either a peace officer, reserve, jailer, or a telecommunicator; and(2) graduation from an accredited college or university with at least an associate's degree.(b) The award consists of a certificate and a uniform ribbon, pin, or other insignia.(c) The commissioning agency retains authority to permit the wearing and placement of the ribbon, pin, or other insignia.(d) The effective date of this section is March 1, 2008.</content><note type="source"><p>Source Note: The provisions of this §221.23 adopted to be effective March 1, 2001, 26 TexReg 235; amended to be effective March 1, 2008, 33 TexReg 285.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.25"><num value="221.25">§221.25</num><heading>Civil Process Proficiency</heading><content>(a) To qualify, an applicant for a civil process proficiency certificate must meet all proficiency requirements including:(1) at least three years full-time experience in a constable or sheriff's office working with civil process;(2) successful completion of 40 hours of civil process training, with at least 20 hours completed in the current training cycle; and(3) pass the approved examination for civil process proficiency.(b) A certificate will become invalid at the end of a training cycle unless the holder successfully completes a 20 hour course of training in civil process during the training cycle.(c) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.(d) The effective date of this section is September 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §221.25 adopted to be effective March 1, 2001, 26 TexReg 235; amended to be effective January 17, 2013, 37 TexReg 10253; amended to be effective July 19, 2016, 41 TexReg 5202.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.27"><num value="221.27">§221.27</num><heading>Instructor Proficiency</heading><content>(a) To qualify, an applicant for an instructor proficiency certificate must meet all proficiency requirements, and must have:(1) substantial experience in teaching or in the special field or subject area to be taught, to include:(A) two years' experience as a peace officer, telecommunicator, or jailer;(B) a bachelor's degree and two years of teaching experience; or(C) a graduate degree;(2) successfully completed an instructor training course or its equivalent, as determined by the executive director; and(3) submitted a completed application, in the format currently prescribed by the commission, and any required fee.(b) The commission may require documentation of any instructor training or experience by certificates, diplomas, transcripts, letters of verification, or other supporting documents to be submitted upon commission request.(c) The effective date of this section is March 1, 2001.</content><note type="source"><p>Source Note: The provisions of this §221.27 adopted to be effective March 1, 2001, 26 TexReg 236.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.28"><num value="221.28">§221.28</num><heading>Advanced Instructor Proficiency</heading><content>(a) To qualify for an advanced instructor proficiency certificate, an applicant must meet all proficiency requirements including:(1) holding a TCOLE Instructor license/certificate for at least three years; and(2) successful completion of the commission's advanced instructor course.(b) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §221.28 adopted to be effective October 28, 2010, 35 TexReg 9115; amended to be effective July 14, 2011, 36 TexReg 3935; amended to be effective February 1, 2014, 38 TexReg 9618.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.29"><num value="221.29">§221.29</num><heading>Sexual Assault/Family Violence Investigator Certificate</heading><content>(a) To qualify for a sexual assault/family violence investigator certificate, an applicant must meet all proficiency requirements, including:(1) at least two years experience as a peace officer;(2) an intermediate peace officer certificate; and(3) successful completion of the current family violence and sexual assault investigator certification course(s) reported by the approved training provider.(b) A certificate is valid for two years.(c) To keep the certificate valid, the holder must successfully complete an update course or be assigned primarily as a sexual assault/family violence investigator by the appointing chief administrator once every two years.(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.(e) The effective date of this section is May 2, 2013.</content><note type="source"><p>Source Note: The provisions of this §221.29 adopted to be effective September 1, 2002, 27 TexReg 5801; amended to be effective May 2, 2013, 38 TexReg 2375.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.33"><num value="221.33">§221.33</num><heading>SFST Instructor Proficiency</heading><content>(a) To qualify for an SFST instructor proficiency certificate, an applicant must meet all proficiency requirements including:(1) successful completion of the NHTSA SFST Practitioner course;(2) at least three years' experience as an SFST practitioner;(3) current instructor license or certificate issued by the commission;(4) successful completion of the commission approved SFST Instructor Course or Drug Recognition Expert (DRE) Instructor Course;(5) completion of an SFST Instructor Update Course or DRE Update Course within the last two (2) years;(6) demonstrated proficiency in administration of SFST before a certified SFST Instructor or NHTSA representative; and(7) submit a completed application, in the format currently prescribed by the commission, and any required fee.(b) An SFST Instructor proficiency certificate will be valid for two (2) years from date of issue. After that time period, the applicant must re-qualify.(c) The effective date of this section is February 24, 2011.</content><note type="source"><p>Source Note: The provisions of this §221.33 adopted to be effective January 7, 2007, 32 TexReg 102; amended to be effective February 24, 2011, 36 TexReg 589.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.35"><num value="221.35">§221.35</num><heading>Firearms Proficiency for Juvenile Probation Officers</heading><content>(a) To qualify for a firearms proficiency certificate for juvenile probation officers, an applicant must meet the following requirements, including:(1) current employment as a juvenile probation officer for at least one year by the county juvenile probation department;(2) active certification as a juvenile probation officer by the Texas Juvenile Justice Department;(3) successful completion of the commission's current firearms training program for juvenile probation officers;(4) documentation from each chief administrative officer that has authorized the applicant's participation in the juvenile probation officer firearms proficiency training program that the applicant has been subjected to a complete search of local, state and national records to disclose any criminal record or criminal history; and(5) written documentation from each chief administrative officer that has authorized the applicant's participation in the juvenile probation officer firearms proficiency training program that the applicant has been examined by a psychologist, selected by the current appointing/employing agency, who is licensed by the Texas State Board of Examiners of Psychologists. The applicant must be declared in writing by that professional to be in satisfactory psychological and emotional health to serve as the type of juvenile probation officer for which the certificate is sought.(b) The holder of a certificate issued under this section must meet the firearms proficiency requirements at least once every 12 months.(c) Certificates issued under this section expire two years from the date of issuance. Within forty-five days of the expiration of a certificate, a juvenile probation officer may apply for the issuance of a renewal. Juvenile probation officers must meet the requirements in subsections (a)(1), (a)(2) and (b) of this section in order to renew the certificate.(d) The effective date of this section is April 12, 2012.</content><note type="source"><p>Source Note: The provisions of this §221.35 adopted to be effective January 14, 2010, 34 TexReg 9480; amended to be effective July 15, 2010, 35 TexReg 5581; amended to be effective April 12, 2012, 37 TexReg 2085.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.37"><num value="221.37">§221.37</num><heading>Cybercrime Investigator Proficiency</heading><content>(a) To qualify, an applicant for a cybercrime investigator proficiency certificate must meet all proficiency requirements, and must have:(1) at least two years experience as a peace officer;(2) successful completion of the current cybercrimes investigator certification course(s); and(3) submitted a completed application, in the format currently prescribed by the commission, and any required fee.(b) A certificate is valid for two years.(c) To keep the certificate valid, the holder must successfully complete an update course or be assigned primarily as a cybercrime investigator by the appointing chief administrator once every two years.(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.(e) The effective date of this section is January 17, 2013.</content><note type="source"><p>Source Note: The provisions of this §221.37 adopted to be effective February 24, 2011, 36 TexReg 589; amended to be effective January 17, 2013, 37 TexReg 10254.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.39"><num value="221.39">§221.39</num><heading>Crime Prevention Specialist Proficiency</heading><content>(a) To qualify, an applicant for a crime prevention specialist proficiency certificate must meet all proficiency requirements including:(1) at least one year experience serving in a crime prevention assignment;(2) successful completion of required courses; and(3) pass an approved examination for crime prevention specialist proficiency.(b) A certificate is valid for two years.(c) To keep the certificate valid, the holder must successfully complete an update course or be assigned primarily as a crime prevention specialist by the appointing chief administrator once every two years.(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.(e) The effective date of this section is January 17, 2013.</content><note type="source"><p>Source Note: The provisions of this §221.39 adopted to be effective January 17, 2013, 37 TexReg 10254.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.41"><num value="221.41">§221.41</num><heading>Court Security Specialist Certificate</heading><content>(a) To qualify for a court security specialist certificate, an applicant must meet all proficiency requirements, including:(1) be a licensed peace officer or jailer; and(2) successful completion of commission approved courses.(b) A certificate is valid for two years.(c) To keep the certificate valid, the holder must successfully complete an update course or be assigned primarily as a court security practitioner by the appointing chief administrator once every two years.(d) If the certificate becomes invalid, a holder may obtain a new certificate under the application standards in this section.(e) The effective date of this section is May 2, 2013.</content><note type="source"><p>Source Note: The provisions of this §221.41 adopted to be effective May 2, 2013, 38 TexReg 2376.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.43"><num value="221.43">§221.43</num><heading>School-Based Law Enforcement Proficiency Certificate</heading><content>(a) To qualify for a school-based law enforcement proficiency certificate, an applicant must complete a course approved by the commission under Texas Occupations Code §1701.262.(b) School district peace officers and school resource officers providing law enforcement at a school district must obtain a school-based law enforcement proficiency certificate within 180 days of the officer's commission or placement in the district or campus of the district.(c) The effective date of this section is February 1, 2020.</content><note type="source"><p>Source Note: The provisions of this §221.43 adopted to be effective February 1, 2016, 41 TexReg 277; amended to be effective February 5, 2020, 45 TexReg 772.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.45"><num value="221.45">§221.45</num><heading>Jailer Firearm Certificate</heading><content>(a) To qualify for a jailer firearms certificate, an applicant must complete a course as approved by the commission, under Texas Occupations Code 1701.2561, be currently appointed as a jailer, and make application to the commission.(b) Jailers carrying a firearm as part of their assigned duties must first obtain the jailer firearms certificate before carrying the firearm and must maintain current firearms qualifications as shown in §218.9.(c) The effective date of this section is February 1, 2020.</content><note type="source"><p>Source Note: The provisions of this §221.45 adopted to be effective February 5, 2020, 45 TexReg 773.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c221/sc/s221.46"><num value="221.46">§221.46</num><heading>Active Shooter Training for Public Schools and Institutions of Higher Education</heading><content>(a) To qualify for an Active Shooter Training Instructor certificate under Texas Occupations Code § 1701.2515, an individual must possess a current TCOLE Instructor Proficiency Certificate, complete an active shooter training instructor course approved by the commission, and complete any required application. The certificate expires two years from the date of issuance. An individual may apply for renewal of the certificate by providing proof the applicant has completed eight hours of continuing education related to law enforcement response to active shooter events.(b) To qualify as an Active Shooter Training Provider under Texas Occupations Code § 1701.2515, a training provider must complete an application and show proof that the training provider employs appropriate training staff that possess a current Active Shooter Training Instructor certificate described in §221.46(a). The certificate expires two years from the date of issuance.(c) The effective date of this section is April 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §221.46 adopted to be effective April 1, 2024, 49 TexReg 1971.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c223"><num value="223">CHAPTER 223</num><heading>ENFORCEMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c223/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.1"><num value="223.1">§223.1</num><heading>License Action and Notification</heading><content>(a) The holder of a commission issued license or certificate can be sent notice of any hearing, or other action or matter before the commission at:(1) the address of the agency shown in commission records to have the holder under current or last appointment;(2) the address shown on the Texas driver's license record of the holder;(3) the last known address on record with the commission; or(4) any other address requested by the holder in a written request to the executive director.(b) An action by the commission to deny, suspend, or revoke one license operates against any other commission license or certificate held by the same person.(c) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §223.1 adopted to be effective March 1, 2001, 26 TexReg 236; amended to be effective January 14, 2010, 34 TexReg 9481; amended to be effective February 1, 2016, 41 TexReg 277.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.2"><num value="223.2">§223.2</num><heading>Administrative Penalties</heading><content>(a) In addition to any other action or penalty authorized by law, the commission may impose an administrative penalty against a law enforcement agency or governmental entity, including a school district, for violations of commission statutes or rules.(b) In determining total penalty amounts, the commission shall consider:(1) the seriousness of the violation;(2) the respondent's history of violations;(3) the amount necessary to deter future violations;(4) efforts made by the respondent to correct the violation; and(5) any other matter that justice may require.(c) The following is a nonexclusive list of the per day per violation base penalty amounts for:(1) Appointing an unlicensed person as a peace officer, jailer, or telecommunicator, $1,000;(2) Appointing or employing an unlicensed or ineligible person as a school marshal, $1,000;(3) Appointing as a peace officer or jailer a person disqualified because of criminal history, $1,000;(4) Appointing a person who does not meet minimum licensing or appointment standards as a peace officer or jailer, $750;(5) Appointing or continued appointment of a person as a peace officer or jailer with a revoked, suspended, or cancelled license or who is otherwise ineligible for appointment or licensure, $1,000;(6) Failing to timely submit any required appointment documents, $350;(7) Failing to timely submit any required appointment, notice, or separation documents related to school marshals, $1000;(8) Failing to timely submit or deliver an F-5 Report of Separation, $350;(9) Failing to timely submit racial profiling data to the commission, $1,000;(10) Failing to timely report to the commission the reason(s) a license holder(s) appointed by the law enforcement agency or governmental entity are not in compliance with continuing education standards, $250;(11) Failing to timely comply with substantive provisions of any order(s) issued under commission statutes or rules, $750;(12) Failing to timely comply with technical provisions of any order(s) issued under commission statutes or rules, $350;(13) Failing to timely comply with required audit procedures, $350;(14) Failing to timely submit or maintain any document(s) as required by commission statutes or rules, $250;(15) Other noncompliance with commission statutes or rules not involving fraud, deceit, misrepresentation, intentional disregard of governing law, or actual or potential harm to the public or integrity of the regulated community as a whole, $200.(d) In determining the total penalty amount, the commission may consider the following aggravating factors:(1) the severity and frequency of violations;(2) multiple or previous violations;(3) actual or potential harm to public safety;(4) whether the violation could constitute criminal activity;(5) evidence of an intent to defraud, deceive, or misrepresent; and(6) any other aggravating factors existing in a particular case.(e) In determining the total penalty amount, the commission may consider the following mitigating factors:(1) immediacy and degree of corrective action; and(2) any other matter that justice may require.(f) The presence of mitigating factors does not constitute a requirement of dismissal of a violation of commission statutes or rules.(g) Subject to final approval of the commission, the executive director has the discretion to enter into an agreed order. In return for compromise and settlement, the total penalty amount in an agreed order may be calculated using a base amount below those listed in this rule.(h) The commission will provide written notice to a law enforcement agency or governmental entity of any alleged violations.(i) By written answer, a law enforcement agency or governmental entity may request a hearing challenging the allegations set forth in the notice letter. Failure to file an answer within twenty days after being provided written notice may result in the entry of a default order. The default order may include additional penalties for failing to respond to the notice letter or failing to correct any alleged violations.(j) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §223.2 adopted to be effective January 1, 2012, 36 TexReg 9000; amended to be effective May 2, 2013, 38 TexReg 2376; amended to be effective February 1, 2014, 38 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.3"><num value="223.3">§223.3</num><heading>Answer Required</heading><content>(a) In order to preserve the right to a hearing as described under this subchapter, an answer must be filed not later than 20 days after the date the respondent receives notice of the executive director's petition or notice of violation. Failure to file a timely answer may result in the issuance of a default order.(b) The answer may be in the form of a general denial as that term is used in the district courts of the State of Texas.(c) The commission may grant the default order or refer the case to SOAH for a contested case hearing.(d) If a person files a timely answer as required by this section, but fails to appear at the contested case hearing after receiving timely and adequate notice, the executive director may move for default judgment against the respondent as provided by SOAH rules.(e) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §223.3 adopted to be effective March 1, 2001, 26 TexReg 237; amended to be effective March 1, 2002, 26 TexReg 11042; amended to be effective February 1, 2016, 41 TexReg 278.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.5"><num value="223.5">§223.5</num><heading>Contested Cases and Hearings</heading><content>(a) Contested cases, hearings and appeals will be conducted pursuant to the Administrative Procedure Act, Texas Government Code, Chapter 2001.(b) The commission may consider exceptions or briefs filed within 20 days after a party's notification of a proposal for decision. Responses are due within 15 days after exceptions are filed.(c) All or part of the proceedings of a contested case will be transcribed upon the written request of a party with cost to that party, unless the executive director provides otherwise.(d) Any party who appeals a final decision must pay all preparation costs for the original or certified copy of the record of any proceeding to be submitted to the court.(e) The commission may assess transcript costs to one or more parties.(f) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §223.5 adopted to be effective February 1, 2016, 41 TexReg 278.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.13"><num value="223.13">§223.13</num><heading>Surrender of License</heading><content>(a) A licensee may surrender a license:(1) as part of an employee termination agreement;(2) as part of a plea bargain to a criminal charge;(3) as part of an agreed settlement to commission action; or(4) for any other reason.(b) A license may be surrendered either permanently or for a stated term.(c) Effective dates:(1) the beginning date for any surrender shall be the date stated in the request or, if none, the date it was received by the commission;(2) a term surrender shall have its ending date stated in the request; and(3) any request without a stated ending date shall be construed as a permanent surrender.(d) A licensee may surrender any license by sending, or causing to be sent, a signed, notarized, written request to the executive director, who may accept or reject the request. The signed written request shall indicate that the licensee understands and has knowledge of the consequences of the document being signed. The executive director may accept requests for surrender submitted to the commission in any other form that indicates the licensee intends to surrender the license to the commission. The executive director may liberally construe the intent of any request. The surrender of one commission-issued license operates as a surrender of all commission-issued licenses. The surrender should include a summary of the reason for the surrender.(e) If accepted, the licensee is no longer licensed:(1) effective on the beginning date of the surrender; and(2) except for permanent surrenders, until such person applies for and meets the requirements of a new license.(f) The effective date of this section is February 1, 2014.</content><note type="source"><p>Source Note: The provisions of this §223.13 adopted to be effective March 1, 2001, 26 TexReg 238; amended to be effective June 1, 2004, 29 TexReg 3827; amended to be effective April 15, 2010, 35 TexReg 2613; amended to be effective July 12, 2012, 37 TexReg 4605; amended to be effective February 1, 2014, 38 TexReg 9619.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.14"><num value="223.14">§223.14</num><heading>Construction of Other Laws</heading><content>(a) A criminal disposition under the law of Texas, another state, federal, military, tribal, or foreign jurisdiction, will be construed under the closest equivalent under the Texas Penal Code classification of offenses.(b) A classification of an offense as a felony at the time of conviction will never be changed because Texas law has changed or because the offense would not be a felony under current Texas laws.(c) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §223.14 adopted to be effective February 1, 2016, 41 TexReg 280.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.15"><num value="223.15">§223.15</num><heading>License Suspension</heading><content>(a) Unless revocation is required, the commission may suspend a license or certificate for violating any provision of the Texas Occupations Code, Chapter 1701 or commission rule.(b) The license of a person charged with a felony and placed on community supervision shall be suspended for thirty years.(c) The license of a person convicted or placed on community supervision for any offense above the grade of Class C misdemeanor may be suspended for 10 years.(d) A suspension based on a Class A misdemeanor shall be at least 120 days.(e) A suspension based on a Class B misdemeanor shall be at least 60 days.(f) The license of a person who fails to comply with legislative continuing education requirements may be suspended:(1) up to 90 days for first-time noncompliance; and(2) up to 180 days for second-time noncompliance.(g) The commission may suspend the license of a person who has previously received two written reprimands from the commission.(h) Factors the commission may consider in determining a term of suspension include:(1) the seriousness of the conduct resulting in the arrest;(2) the required mental state of the disposition offense;(3) whether the disposition offense contains an element of actual or threatened bodily injury or coercion against another person under the Texas Penal Code or the law of the jurisdiction where the offense occurred;(4) the licensee's previous violations of commission statutes or rules;(5) actual or potential harm to public safety, including personal injury and property damage, resulting from the conduct resulting in the arrest;(6) aggravating evidence existing in a particular case; and(7) evidence used in rebuttal to mitigating factors.(i) A suspension can begin no sooner than the date of the statute or rule violation.(j) A suspension or probation may be ordered to run concurrently or consecutively with any other suspension or probation.(k) The effective date of this section is May 1, 2017.</content><note type="source"><p>Source Note: The provisions of this §223.15 adopted to be effective February 1, 2016, 41 TexReg 280; amended to be effective April 6, 2017, 42 TexReg 1778.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.16"><num value="223.16">§223.16</num><heading>Probation and Mitigating Factors</heading><content>(a) The commission may consider probating a suspension term or issue a written reprimand based on proof of the following mitigating factors:(1) the licensee's history of compliance with the terms of court-ordered community supervision;(2) the licensee's post-arrest continuing rehabilitative efforts not required by the terms of community supervision;(3) the licensee's post-arrest employment record; and(4) the type and amount of any post-arrest, non-court ordered restitution made by the licensee.(b) The commission may impose reasonable terms of probation, including:(1) continued employment requirements;(2) special reporting conditions;(3) special document submission conditions;(4) voluntary duty requirements; or(5) any other reasonable term of probation.(c) A probated or suspended license remains as such until:(1) the term of suspension has expired;(2) all other terms of probation have been fulfilled; and(3) a written request for reinstatement has been received and accepted by the commission from the licensee unless the probation has been revoked by the commission for violation of probation; or(4) revoked.(d) A suspended license remains suspended until:(1) the term of suspension has expired and the term of court-ordered community supervision has been completed; and(2) a written request for reinstatement has been received from the licensee and accepted by the commission; or(3) the remainder of the suspension is probated and the license is reinstated.(e) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §223.16 adopted to be effective February 1, 2016, 41 TexReg 281.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.17"><num value="223.17">§223.17</num><heading>Reinstatement of a License</heading><content>(a) To reinstate a suspended or probated license for a licensee that meets current training requirements and has continually maintained legislatively required continuing education for the duration of the suspension or probation, a licensee must:(1) make application for reinstatement in the format currently prescribed by the commission; and(2) submit any required fee(s).(b) A licensee that does not meet current training requirements, or has failed to continually maintain the legislatively required continuing education for the duration of the suspension or probation, must meet the reactivation of a license requirement in the format currently prescribed by the commission.(c) The effective date of this section is November 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §223.17 adopted to be effective July 12, 2012, 37 TexReg 4606; amended to be effective February 1, 2016, 41 TexReg 281; amended to be effective November 1, 2018, 43 TexReg 7186.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.18"><num value="223.18">§223.18</num><heading>Suspension Following Felony Arrest</heading><content>(a) The commission, through the executive director, may suspend the license of a person arrested or indicted for a felony offense which would constitute an immediate peril to the public health, safety or welfare if the person were to remain licensed during the pendency of criminal proceedings.(b) By virtue of their nature, the following felony arrests constitute immediate peril:(1) Sexual offenses;(2) Assaultive offenses; and(3) Offenses classified under Chapter 39 or section 31.03(f) of the Texas Penal Code.(c) If an offense constitutes immediate peril, the commission will notify the person of the summary suspension order and the intention to initiate proceedings within 30 days of the commission's order.(d) A person may request a hearing regarding the summary suspension within 20 days after the summary suspension order is received. Otherwise, the license may be suspended until final disposition of the case.(e) The effective date of this section is May 1, 2017.</content><note type="source"><p>Source Note: The provisions of this §223.18 adopted to be effective February 1, 2016, 41 TexReg 281; amended to be effective April 6, 2017, 42 TexReg 1779.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c223/sc/s223.19"><num value="223.19">§223.19</num><heading>License Revocation</heading><content>(a) The license of a person convicted of a felony shall be immediately revoked.(b) The license of a person convicted or placed on community supervision for an offense directly related to the duties and responsibilities of any related office held by that person may be revoked. In determining whether an offense directly relates to such office, the commission will consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purpose for requiring a license for such office;(3) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved; and(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of such office.(c) The license of a person convicted or placed on community supervision for any offense involving family violence shall be revoked.(d) The license of a person convicted or placed on community supervision for any offense under Chapter 39 of the Texas Penal Code shall be revoked.(e) The license of a person convicted or placed on community supervision for any offense committed against a vulnerable person may be revoked. A vulnerable person includes, but is not limited to:(1) a person under the age of 18;(2) a person over the age of 65;(3) a disabled person;(4) an intoxicated or incapacitated person; and(5) a person under the care, custody, or control of the actor.(f) The license of a person convicted or placed on community supervision for any offense involving cruelty to animals may be revoked.(g) The license of a person who is noncompliant for the third time in obtaining continuing education shall be revoked.(h) The license of a person who has received a dishonorable discharge from the armed forces of the United States shall be revoked.(i) The license of a person who has made, submitted, caused to be submitted, or filed a false or untruthful report to the commission may be revoked.(j) The license of a person who has been found to be in unauthorized possession of any commission licensing examination or portion of a commission licensing examination, or a reasonable facsimile shall be revoked.(k) Revocation permanently bars the person from any future licensing or certification by the commission.(l) A revoked license cannot be reinstated unless the licensee provides proof of facts supporting the revocation have been negated, such as:(1) the felony conviction has been reversed or set aside on direct or collateral appeal, or a pardon based on subsequent proof of innocence has been issued;(2) the dishonorable or bad conduct discharge has been upgraded to above dishonorable or bad conduct conditions; or(3) the report alleged to be false or untruthful was found to be truthful.(m) During the direct appeal of any appropriate conviction, a license may be revoked pending resolution of the mandatory direct appeal. The license will remain revoked unless and until the holder proves that the conviction has been set aside on appeal.(n) The holder of any revoked license may informally petition the executive director for reinstatement of that license based upon proof by the licensee that the facts supporting the revocation have been negated.(o) If granted, the executive director shall inform the commissioners of such action no later than at their next regular meeting.(p) If denied, the holder of a revoked license may petition the commission for a hearing to determine reinstatement based upon the same proof.(q) The effective date of this section is November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §223.19 adopted to be effective February 1, 2016, 41 TexReg 283; amended to be effective June 1, 2022, 47 TexReg 2888; amended to be effective November 1, 2025, 50 TexReg 7021.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c225"><num value="225">CHAPTER 225</num><heading>SPECIALIZED LICENSES</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c225/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c225/sc/s225.1"><num value="225.1">§225.1</num><heading>Issuance of Jailer License through a Contract Jail Facility</heading><content>(a) The commission shall issue a jailer license to an individual appointed by a contract jail facility who meets all the minimum standards for jailer licensure, and submits both the current commission application and any required fees.(b) A contract jail facility that appoints an individual who already holds a valid, active jailer license shall meet the appointment requirements of §217.7 of this title (relating to Reporting the Appointment and Termination of a Licensee), including submitting any required fee.(c) A contract jail facility that appoints an individual with a 180-day break in service shall meet the appointment requirements of §217.7 of this title, including submitting any required fee.(d) The commission shall issue a temporary jailer license to an individual appointed by a contract jail facility who meets all the minimum standards for licensure except for training and testing, and submits both the current commission application and any required fees. A temporary jailer license expires 12 months from the appointment date.(e) Individuals licensed as jailers appointed by a contract jail facility shall meet the continuing education requirements in Chapter 218 of this title.(f) The effective date of this section is September 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §225.1 adopted to be effective March 1, 2001, 26 TexReg 240; amended to be effective June 1, 2004, 29 TexReg 3827; amended to be effective March 1, 2008, 33 TexReg 286; amended to be effective July 15, 2010, 35 TexReg 5582; amended to be effective July 19, 2016, 41 TexReg 5203.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c225/sc/s225.3"><num value="225.3">§225.3</num><heading>Issuance of Peace Officer License through a Medical Corporation</heading><content>(a) The commission shall issue a peace officer license to an individual appointed by a medical corporation who meets all the minimum standards for peace officer licensure, and submits both the current commission application and any required fees.(b) A medical corporation that appoints an individual who already holds a valid, active peace officer license shall meet the appointment requirements of §217.7 (relating to Reporting the Appointment and Termination of a Licensee), including submitting any required fee.(c) A medical corporation that appoints an individual with a 180-day break in service shall meet the appointment requirements of §217.7 of this title, including submitting any required fee.(d) Individuals licensed as peace officers appointed by a medical corporation shall meet the continuing education requirements in Chapter 218 of this title.(e) The effective date of this section is September 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §225.3 adopted to be effective June 1, 2004, 29 TexReg 3828; amended to be effective March 1, 2008, 33 TexReg 287; amended to be effective July 15, 2010, 35 TexReg 5582; amended to be effective July 19, 2016, 41 TexReg 5203.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c227"><num value="227">CHAPTER 227</num><heading>SCHOOL MARSHALS</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c227/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.1"><num value="227.1">§227.1</num><heading>Appointing Entity Responsibilities</heading><content>(a) A school district, open-enrollment charter school, public junior college, or private school shall:(1) submit and receive approval for an application to appoint a person as a school marshal;(2) upon authorization, notify the commission using approved format prior to appointment;(3) report to the commission, within seven days, when a person previously authorized to act as a school marshal is no longer employed with the appointing entity;(4) report to the commission, within seven days, when a person previously authorized to act as a school marshal is no longer authorized to do so by the appointing entity, commission standards, another state agency, or under other law;(5) immediately report to the commission a school marshal's violation of any commission standard, including the discharge of a firearm carried under the authorization of this chapter outside of a training environment; and(6) immediately report to the commission any indication, suspicion, or allegation that a school marshal is no longer psychologically fit to carry out the duties of a school marshal.(b) An appointing entity shall not appoint or employ an ineligible person as a school marshal.(c) For five years, the appointing entity must retain documentation that it has met all requirements under law in a format readily accessible to the commission. This requirement does not relieve an appointing entity from retaining all other relevant records not otherwise listed.(d) The effective date of this section is September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §227.1 adopted to be effective February 1, 2014, 38 TexReg 9620; amended to be effective February 1, 2016, 41 TexReg 284; amended to be effective May 1, 2018, 43 TexReg 1881; amended to be effective September 1, 2024, 49 TexReg 3930.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.3"><num value="227.3">§227.3</num><heading>School Marshal Licensing and Reporting Requirements</heading><content>(a) To be eligible for appointment as a school marshal, an applicant shall:(1) successfully complete all prerequisite commission training;(2) pass the state licensing exam;(3) be employed and appointed by an authorized school district; and(4) meet all statutory requirements, including psychological fitness.(b) Once appointed, a school marshal shall:(1) immediately report to the commission and the appointing entity any circumstance which would render them unauthorized to act as a school marshal by virtue of their employment with the entity, failure to meet the standards of the commission, another state agency, or under law;(2) immediately report to the commission any violation of applicable commission standards, including any discharge of a firearm carried under the authorization of this chapter outside of training environment; and(3) comply with all requirements under law, including Texas Education Code, §37.0811.(c) The effective date of this section is May 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §227.3 adopted to be effective February 1, 2014, 38 TexReg 9621; amended to be effective February 1, 2016, 41 TexReg 284; amended to be effective May 1, 2018, 43 TexReg 1881.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.4"><num value="227.4">§227.4</num><heading>Demonstration of Psychological Fitness</heading><content>(a) In order for an individual to enroll in any school marshal licensing training, obtain a school marshal license, or renew or reapply for a school marshal license, they must first demonstrate psychological fitness through a psychological examination.(b) The psychological examination shall be conducted by a professional selected by the appointing, employing entity. The professional shall be either a psychologist licensed by the Texas State Board of Examiners of Psychologists or a psychiatrist licensed by the Texas Medical Board. The psychologist or psychiatrist must be familiar with the duties of a school marshal.(c) The examination must be conducted pursuant to professionally recognized standards and methods. The examination process must consist of:(1) a review of the duties and responsibilities of a school marshal as developed by the commission;(2) at least two instruments, one which measures personality traits and one which measures psychopathology; and(3) a face-to-face interview conducted after the instruments have been scored.(d) The individual must be declared by that professional, on a form prescribed by the commission, to be in satisfactory psychological and emotional health to carry out the duties of a school marshal in an emergency shooting or situation involving an active shooter.(e) If, after examination, the professional declines to declare the individual as psychologically fit, the individual must report the outcome to the commission on a form prescribed by the commission.(f) An examination for license renewal or reactivation must be conducted within 90 days of the date of the application for license renewal or reactivation.(g) The effective date of this section is September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §227.4 adopted to be effective September 1, 2024, 49 TexReg 3930.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.5"><num value="227.5">§227.5</num><heading>School Marshal Training Entities</heading><content>(a) A school marshal training program is open to any employee of an appointing entity who holds a license to carry a handgun issued under Texas Government Code, Chapter 411, Subchapter H.(b) The training program must be preapproved and conducted by commission staff or approved provider. The training program shall include 80 hours of instruction designed to:(1) emphasize strategies for preventing school shootings and for securing the safety of potential victims of school shootings;(2) educate a trainee about legal issues relating to the duties of peace officers and the use of force or deadly force in the protection of others;(3) introduce the trainee to effective law enforcement strategies and techniques;(4) improve the trainee's proficiency with a handgun; and(5) enable the trainee to respond to an emergency situation requiring deadly force, such as a situation involving an active shooter.(c) The effective date of this section is May 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §227.5 adopted to be effective February 1, 2014, 38 TexReg 9621; amended to be effective February 1, 2016, 41 TexReg 285; amended to be effective May 1, 2018, 43 TexReg 1881.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.6"><num value="227.6">§227.6</num><heading>Fit for Duty Review</heading><content>(a) When the commission receives a report or other reliable information that a school marshal may no longer be psychologically fit to carry out the duties of a school marshal, the commission may:(1) issue an emergency suspension order; or(2) require a fit for duty review upon identifying factors that indicate the licensee may no longer be able to perform the duties of a school marshal safely and effectively.(b) The commission shall provide written notice of the psychological examination to the license holder not later than the tenth business day before the deadline to submit to the examination. Written notice shall include the reasons for the examination.(c) The examination shall be conducted by a psychiatrist or psychologist chosen by the licensee.(d) To facilitate the examination of any licensee, the commission will provide all appropriate documents and available information.(e) The examining practitioner will provide the commission with a report indicating whether the school marshal is fit for duty. If the school marshal is unfit for duty, the practitioner will include the reasons or an explanation why the individual is unfit for duty.(f) A second examination may be ordered by the commission if the commission questions the practitioner's report. The examination will be conducted by a psychiatrist or psychologist appointed by the commission. If the report of the appointed practitioner disagrees with the report of the initial practitioner, the final determination as to the school marshal's fitness shall be decided by the Executive Director.(g) A school marshal who fails a psychological examination shall have their license suspended until the Executive Director orders it reinstated.(h) Any school marshal ordered to undergo a fit for duty review shall comply with the terms of the order and cooperate fully with the examining practitioner.(i) The effective date of this section is September 1, 2024.</content><note type="source"><p>Source Note: The provisions of this §227.6 adopted to be effective September 1, 2024, 49 TexReg 3930.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.7"><num value="227.7">§227.7</num><heading>School Marshal Renewals</heading><content>(a) A school marshal license expires on August 31 following the second anniversary of the date the commission licenses the person.(b) The commission may renew the license of a person who has:(1) successfully completed a renewal course designed and administered by the commission which will not exceed a combined 16 hours of classroom and simulation training;(2) passed a commission exam;(3) demonstrated handgun proficiency as required by the commission; and(4) demonstrated psychological fitness.(c) The effective date of this section is June 1, 2022.</content><note type="source"><p>Source Note: The provisions of this §227.7 adopted to be effective February 1, 2014, 38 TexReg 9621; amended to be effective June 1, 2022, 47 TexReg 2889.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c227/sc/s227.9"><num value="227.9">§227.9</num><heading>License Action</heading><content>(a) The commission shall immediately revoke a school marshal license if the license holder's ability to carry a handgun has been suspended or revoked by the Texas Department of Public Safety.(b) A person whose school marshal license is revoked may obtain recertification by:(1) furnishing proof to the commission that the person's handgun license has been reinstated; and(2) completing initial training to the satisfaction of the commission staff, paying the fee for the training, and demonstrating psychological fitness on the psychological examination.(c) If a school marshal license holder violates any commission standard, the commission shall immediately suspend the license for ten years. Mitigating factors are inapplicable to a suspension action under this chapter.(d) The effective date of this section is February 1, 2016.</content><note type="source"><p>Source Note: The provisions of this §227.9 adopted to be effective February 1, 2014, 38 TexReg 9622; amended to be effective February 1, 2016, 41 TexReg 285.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p7/c229"><num value="229">CHAPTER 229</num><heading>TEXAS PEACE OFFICERS' MEMORIAL MONUMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p7/c229/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p7/c229/sc/s229.1"><num value="229.1">§229.1</num><heading>Eligibility for Memorial Monument</heading><content>(a) A person is eligible to have the person's name on the Memorial Monument if the person was killed in the line of duty and was:(1) a law enforcement officer or peace officer for this state or a political subdivision of this state under Article 2.12, Code of Criminal Procedure, or other law;(2) a federal law enforcement officer or special agent performing duties in this state, including those officers under Article 2.122, Code of Criminal Procedure;(3) a corrections or detention officer or county or municipal jailer employed or appointed by a municipal, county, or state penal institution in this state; or(4) a Texas peace officer who, in historical perspective, would be eligible under any of the preceding criteria.(b) A person identified in subsection (a) of this section is eligible for inclusion on the Memorial Monument if:(1) the fatal incident was a direct result of a line of duty, on or off duty incident;(2) the fatal incident was an indirect result but directly attributed to a line of duty, on or off duty incident;(3) the fatal incident was a direct result of a felonious assault on the officer, perpetrated because of the officer's status, regardless of duty status; or(4) the Employees Retirement System of Texas authorizes benefits to the eligible survivors of the person as provided by Chapter 615, Government Code.(c) The effective date of this section is May 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §229.1 adopted to be effective May 1, 2018, 43 TexReg 1882.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c229/sc/s229.3"><num value="229.3">§229.3</num><heading>Nomination and Selection</heading><content>(a) Nominations for inclusion on the Memorial Monument must be submitted to the commission in accordance with Article 3105.0035, Government Code.(b) In order to make a preliminary recommendation to the Commission on whether a nominee is eligible for inclusion on the Memorial Monument, the executive director or designee shall accept supporting documentation affirming a nominee's eligibility, including:(1) certified copy of the Law Enforcement Agency incident report or other records;(2) certified copy of the Coroner's report;(3) sworn affidavit completed by the law enforcement agency chief executive officer or any other person with knowledge of the incident accepting responsibility for the information submitted, accompanied by a description detailing the incident and death;(4) certified copy of statements of witnesses to the fatal incident;(5) an original letter or petition of a family member with verified supporting documents;(6) reproduced documents verified by a state or county historical commission chairperson;(7) news articles or other published materials supported by documents listed above; or(8) any other documentation which would reasonably substantiate a finding by the commission.(c) The commission shall review the recommendations of the executive director concerning names of deceased officers for inclusion on the Memorial Monument at a regularly scheduled meeting and make its final determination according to §3105.0035 Texas Government Code.(d) Nominations must be submitted to the Commission no later than 30 days prior to a quarterly meeting in which the Commission will be taking up the executive director's preliminary recommendations.(e) The effective date of this section is May 1, 2018.</content><note type="source"><p>Source Note: The provisions of this §229.3 adopted to be effective May 1, 2018, 43 TexReg 1883.</p></note></section><section identifier="/us/state/tx/tac/t37/p7/c229/sc/s229.7"><num value="229.7">§229.7</num><heading>Deaths Not Included</heading><content>(a) An officer whose death is attributed to natural causes, is not eligible for inclusion, except when a medical condition arises out of a specific response to a violation of the law or an emergency situation causing an officer's death, or causing the officer's death during or after a period of hospitalization following the specific response to the violation of the law or emergency situation.(b) An officer whose death is attributed to any of the following is not eligible for inclusion:(1) when caused as a result of or during the officer's commission of a crime;(2) as a direct result of the officer's voluntary alcohol or controlled substance abuse; or(3) when caused by the officer's intention to bring about the officer's own death.(c) The effective date of this section is July 6, 2009.</content><note type="source"><p>Source Note: The provisions of this §229.7 adopted to be effective March 1, 2001, 26 TexReg 242; amended to be effective July 6, 2009, 34 TexReg 4351.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p9"><num value="9">PART 9</num><heading>TEXAS COMMISSION ON JAIL STANDARDS</heading><chapter identifier="/us/state/tx/tac/t37/p9/c251"><num value="251">CHAPTER 251</num><heading>GENERAL</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c251/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c251/sc/s251.1"><num value="251.1">§251.1</num><heading>Authority</heading><content>The Texas Legislature created the Commission on Jail Standards in 1975 to implement a declared state policy that all county jail facilities conform to minimum standards of construction, maintenance and operation. In 1983, the Texas Legislature expanded the jurisdiction of the commission to include county and municipal jails operated under vendor contract. In 1991, the Texas Legislature added the requirement for count, payment, and transfer of inmates when precipitated by crowded conditions as well as expanding the commission's role of consultation and technical assistance. In 1993, the legislative function expanded the role of the commission again by requiring that it provide consultation and technical assistance for the State Jail program. In 1997, the Texas legislature affirmed that counties, municipalities and private vendors housing out-of-state inmates are within the commission's jurisdiction. It is the duty of the commission to promulgate reasonable written rules and procedures establishing minimum standards, inspection procedures, enforcement policies and technical assistance for:(1) the construction, equipment, maintenance, and operation of jail facilities under its jurisdiction;(2) the custody, care and treatment of inmates;(3) programs of rehabilitation, education, and recreation for inmates confined in county and municipal jail facilities under its jurisdiction.</content><note type="source"><p>Source Note: The provisions of this §251.1 adopted to be effective December 27, 1994, 19 TexReg 9878; amended to be effective September 2, 1997, 22 TexReg 8404.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c251/sc/s251.2"><num value="251.2">§251.2</num><heading>Severability</heading><content>If any provision of these rules be held invalid, such invalidity shall not affect other provisions which can be given effect without the invalid provision, and to this end, the provisions of these rules are declared to be severable.</content><note type="source"><p>Source Note: The provisions of this §251.2 adopted to be effective December 27, 1994, 19 TexReg 9878.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c251/sc/s251.3"><num value="251.3">§251.3</num><heading>Opinions and Advice</heading><content>Except as otherwise expressly stated herein, advice given, statements made, and opinions expressed orally, or in writing, by the staff of the commission in response to inquiries, or otherwise, shall not be considered binding upon the commission in connection with any matter requiring the approval, consent, or adjudication of the commission.</content><note type="source"><p>Source Note: The provisions of this §251.3 adopted to be effective December 27, 1994, 19 TexReg 9878.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c251/sc/s251.4"><num value="251.4">§251.4</num><heading>Captions of Rules</heading><content>The captions of the rules are for convenience only. Should there be a conflict between the caption of a rule and the text of a rule, the text will control.</content><note type="source"><p>Source Note: The provisions of this §251.4 adopted to be effective December 27, 1994, 19 TexReg 9878.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c251/sc/s251.5"><num value="251.5">§251.5</num><heading>Precedent</heading><content>Because rules cannot adequately anticipate all potential specific factual situations and circumstances presented for action, determination, or adjudication by the commission, the nature of the action taken with regard to any matter or the disposition of any matter pending before the commission is not necessarily of meaningful precedental value. The commission shall not be bound by the precedent of any previous action, determination, or adjudication in the subsequent disposition of any matter pending before it.</content><note type="source"><p>Source Note: The provisions of this §251.5 adopted to be effective December 27, 1994, 19 TexReg 9878.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c251/sc/s251.6"><num value="251.6">§251.6</num><heading>Complaints</heading><content>(a) General. A complaint received by the commission concerning facilities under the commission's purview or the commission and/or its procedures or functions shall be investigated and resolved according to commission internal policies and procedures. All inspection reports, plan reviews and bills for services issued by the commission shall provide instructions for directing complaints to the commission regarding commission functions and procedures.(b) Filing a Complaint. An individual who has a complaint about a facility under the commission's purview or the commission may file a complaint in any written format or use the commission's prescribed complaint form. The complaint form is available on the agency website and may be submitted electronically or may be obtained by contacting the commission through the agency website, telephone, fax, email, or written request.(c) Jails shall include information regarding the procedure for filing a complaint, its investigation, and its resolution in the approved inmate handbook and shall display and maintain the information prominently throughout the jail in common areas and other areas frequented by jail inmates.(d) Public Disclosure. A complaint against a facility under the commission's purview or the commission will only be made available for public disclosure in accordance with Government Code Chapter 552.</content><note type="source"><p>Source Note: The provisions of this §251.6 adopted to be effective December 27, 1994, 19 TexReg 9878; amended to be effective September 30, 2010, 35 TexReg 8770; amended to be effective March 29, 2022, 47 TexReg 1625.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c253"><num value="253">CHAPTER 253</num><heading>DEFINITIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c253/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c253/sc/s253.1"><num value="253.1">§253.1</num><heading>Definitions</heading><content>The following words and terms, when used in this part, shall have the following meanings, unless the context clearly indicates otherwise.(1) Administrative Separation--The assignment of an inmate to a special housing unit, usually a separation or single cell, when staff determines that such close custody is needed for the safety of inmates or staff, for the security of the facility, or to promote order in the facility.(2) Allied Health Personnel--Licensed health professionals that are involved with the delivery of health-related services pertaining to the identification, evaluation, and prevention of diseases and disorders; dietary and nutrition services; and rehabilitation and health systems management.(3) Capacity--The number of inmates a facility is authorized by the commission to house, excluding holding, detoxification, and violent cells.(4) Commission--Texas Commission on Jail Standards.(5) Control Area--The area inside the security perimeter to which inmates have only controlled access.(6) Control Room--A secured, enclosed room which contains facility door controls, intercom panels and/or fire alarm panels.(7) Correctional Facility--A facility operated by a county, a municipality, or a private vendor for the confinement of a person arrested for, charged with, or convicted of a criminal offense. May be referred to as "facility".(8) County Jail--A facility operated by or for a county for the confinement of persons accused or convicted of an offense. May be referred to as a "jail" or "facility".(9) Day Room--A space within or adjacent to single cells, multiple occupancy cells, and dormitories specifically for inmate day time activities.(10) Detoxification Cell--A cell designed for the temporary holding of intoxicated persons.(11) Direct Supervision--An inmate supervision management style in which a jailer(s) are stationed inside a housing unit 24 hours per day.(12) Disabled--Persons who have a physical or mental impairment that substantially limits 1 or more of the major life activities of such individuals.(13) Dormitory--A cell designed to accommodate 9 to 48 inmates.(14) Existing Facility--A maximum security, lockup, or minimum security facility that was being operated as such on December 23, 1976.(15) Jailer Station--A designated space from which a jailer performs his/her functions.(16) High Risk--High-risk cells consist of areas where observation of 30 minutes or less is required.(17) Holding Cell--A cell designed for the temporary holding of inmates not to exceed 48 hours.(18) Inmate Housing Area--Cells and day rooms where inmates are assigned.(19) Inmate Occupied Area--Any area in the facility normally occupied by inmates.(20) Jailer--A person appointed or employed as a county jailer, under the provisions of Local Government Code §85.005; Government Code §511.0092; Occupations Code §1701.001(2).(21) May--Permissive or optional.(22) Multiple Occupancy Cell--A cell designed to accommodate two to eight inmates.(23) Owner--A county commissioner's court, municipality, or private vendor who holds title to a facility.(24) Safety Vestibule--An enclosed space, served by at least two doors, that serves as a passageway between two areas.(25) Sally Port--A secured space inside or abutting a facility for vehicles to deliver or pick up inmates or goods.(26) Security Perimeter--The outer limits of the facility where construction prevents egress by inmates or ingress by unauthorized persons or contraband.(27) Separation Cell--A special purpose cell designed to accommodate 1 inmate. The cell minimally contains 1 bunk, mirror, toilet, lavatory, shower, table, and seat. This cell is used to house inmates requiring protection or whose behavior requires close supervision.(28) Shall--Mandatory and required for compliance.(29) Sheriff/Operator--County sheriff, jail administrator, or a person authorized to act with their authority.(30) Should--Recommended but not required for compliance.(31) Single Cell--A cell designed to accommodate 1 inmate. The cell minimally contains 1 bunk, toilet, lavatory, table and seat.(32) Small Jail--A facility with a capacity of less than 50 inmates.(33) Special Purpose Cell--Detoxification cell, holding cell, separation cell, violent cell, negative pressure cell and medical cells. These cells are not required to be provided with day rooms or safety vestibules.(34) System--A combination of all facilities creating a functional unit.(35) Violent Cell--A single occupancy padded cell for the temporary holding of inmates harmful to themselves and or others.(36) Ward--An infirmary area holding a number of inmates.</content><note type="source"><p>Source Note: The provisions of this §253.1 adopted to be effective December 27, 1994, 19 TexReg 9879; amended to be effective May 3, 1995, 20 TexReg 2865; amended to be effective June 14, 1996, 21 TexReg 5001; amended to be effective March 14, 1999, 24 TexReg 1637; amended to be effective December 22, 1999, 24 TexReg 11516; amended to be effective April 10, 2013, 38 TexReg 2227; amended to be effective August 26, 2018, 43 TexReg 5539; amended to be effective December 22, 2020, 45 TexReg 9229.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c255"><num value="255">CHAPTER 255</num><heading>RULEMAKING PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c255/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c255/sc/s255.1"><num value="255.1">§255.1</num><heading>Rule Initiation</heading><content>The promulgation, adoption, amendment, or repeal of rules shall be initiated by formal action of the commission.</content><note type="source"><p>Source Note: The provisions of this §255.1 adopted to be effective December 12, 1994, 19 TexReg 9375.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c255/sc/s255.2"><num value="255.2">§255.2</num><heading>Notice</heading><content>Notice of the proposed or adopted rule, amendment, or repeal shall be given as required by the Administrative Procedure and Texas Register Act.</content><note type="source"><p>Source Note: The provisions of this §255.2 adopted to be effective December 12, 1994, 19 TexReg 9375.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c255/sc/s255.3"><num value="255.3">§255.3</num><heading>Opportunity To Be Heard</heading><content>Prior to the adoption, amendment, or repeal of any rule, the commission shall afford reasonable opportunity to interested persons to submit data, views, or arguments, orally or in writing. The commission or its staff, in its discretion, may use informal conferences and consultations as a means of obtaining the viewpoints and advice of interested persons, and it may appoint committees of interested persons or experts to advise it with respect to contemplated rulemaking. The powers of such committees shall be advisory only. In no event shall the commission take any action except in accordance with the law.</content><note type="source"><p>Source Note: The provisions of this §255.3 adopted to be effective December 12, 1994, 19 TexReg 9375.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c255/sc/s255.4"><num value="255.4">§255.4</num><heading>Petition of Interested Persons</heading><content>Any interested person may petition the commission requesting the adoption, amendment, or repeal of any of its rules. Within 60 days after receiving such petition, the commission shall initiate rulemaking proceedings or deny the petition in writing, stating its reasons for the denial. In order to receive consideration by the commission, the petition must set forth:(1) the name of each petitioner and date of submission;(2) the text of the proposed rule or amendment and a brief explanation;(3) a concise statement of need and purpose of the proposed rule, amendment or repeal and the deficiencies of the existing rules concerning the situation made the subject of the petition;(4) a list of all existing rules effectively amended or repealed by the proposed rule or amendment.</content><note type="source"><p>Source Note: The provisions of this §255.4 adopted to be effective December 12, 1994, 19 TexReg 9375; amended to be effective July 7, 2013, 38 TexReg 4187.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c255/sc/s255.5"><num value="255.5">§255.5</num><heading>Validity</heading><content>A rule, amendment, or repeal shall be valid when approved by formal action of the commission and published in accordance with the Administrative Procedure and Texas Register Act.</content><note type="source"><p>Source Note: The provisions of this §255.5 adopted to be effective December 12, 1994, 19 TexReg 9375.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c255/sc/s255.6"><num value="255.6">§255.6</num><heading>Advisory Committees</heading><content>(a) General. The Texas Commission on Jail Standards (Commission) may establish advisory committees pursuant to Gov't. Code §511.0081 or if mandated by legislative action.(1) Purpose, Role, and Responsibility. The purpose, role, and responsibility of a Commission advisory committee is to make recommendations to the Commission on programs, rules, and policies administered by the Commission.(2) Goals. Unless mandated by legislative action, the goal of each advisory committee will be determined by the Commission at the time the advisory committee is created.(3) Duration. Unless mandated by legislative action, the duration of each advisory committee will be determined by the Commission. The Commission will annually review and determine the continuing need for an advisory committee established by the Commission.(4) Committee Members.(A) Committees will consist of a minimum of five members and a maximum of nine members, unless mandated otherwise by legislative action.(B) Unless otherwise mandated by legislative action, committee members will have various backgrounds of experience, expertise, and interest in the matters the committee will address. Committee members may include Commission commissioners, sheriffs, jail administrators, relevant governmental agency representatives, relevant professionals, and other interested members of the public. The Chair of the advisory committee, in consultation with the Executive Director, will appoint committee members that meet the criteria set forth.(C) The Chair of the Texas Commission on Jail Standards appoints the Chair of advisory committees unless mandated otherwise by legislative action.(D) Members of advisory committees will elect an advisory committee Vice-Chair from among its members to serve in the temporary absence of the advisory committee Chair.(E) Terms. The Commission Executive Director will determine the members' terms of service. The terms of service will be staggered.(F) Unless prohibited by legislative action, non-voting subject matter experts may be named to the committee at the discretion of the Chair with the consent of the committee.(5) Rules. Each advisory committee established shall adopt policies and procedures that address the purpose of the advisory committee, membership qualifications, training requirements, terms of service, operating procedures, conflict of interest, and adherence to the requirements set forth in Texas Government Code 551.(6) Committee Operations and Meetings.(A) Meetings. The committee must meet at least quarterly; however, the Chair may decide that it is necessary to meet more frequently. The committee is subject to the Texas Open Meetings Act, Texas Government Code Chapter 551.(B) Quorum. A majority of members constitutes a quorum.(C) Compensation and Travel Reimbursement. Members will not be reimbursed for expenses related to their participation in the advisory committee.(b) Administrative Rules Advisory Committee. The Commission establishes an Administrative Rules Advisory Committee to regularly review all administrative rules as part of the mandated rule review process, administrative rules required by new legislation, administrative rules as recommended by the Commission, and petitions for administrative rule changes. The committee makes recommendations to the Commission related to administrative rules. The Committee consists of a minimum of nine members as follows:(1) one representative of the Commission to act as Committee Chair;(2) one sheriff of a county with a population of 80,000 or more;(3) one sheriff of a county with a population of fewer than 80,000;(4) one county judge or county commissioner from a county with a population of 80,000 or more;(5) one county judge or county commissioner from a county with a population of fewer than 80,000;(6) one member of the public who is a representative of a statewide organization that advocates for individuals or issues related to county jails;(7) one non-voting ex-officio jail administrator from a jail consisting of 50 beds or fewer;(8) one non-voting ex-officio jail administrator from a jail consisting of 51-999 beds; and(9) one non-voting ex-officio jail administrator from a jail consisting of 1000 or more beds.(c) Intellectual or Developmental Disability Advisory Committee. As required by Government Code 511.022, the commission establishes an Intellectual or Developmental Disability Advisory Committee to advise the commission and make recommendations on matters related to the confinement in county jail of persons with intellectual or developmental disabilities. The Committee consists of a minimum of thirteen members as follows:(1) one representative of the commission;(2) one representative of the Department of State Health Services;(3) one representative of the Health and Human Services Commission with expertise in intellectual and developmental disabilities;(4) one representative of the Texas Commission on Law Enforcement;(5) one representative of the Texas Correctional Office on Offenders with Medical or Mental Impairments;(6) one sheriff of a county with a population of 80,000 or more;(7) one sheriff of a county with a population of fewer than 80,000;(8) two representatives of statewide organizations that advocate for individuals with intellectual and developmental disabilities;(9) one representative who is a mental health professional with a focus on trauma and intellectual and developmental disabilities;(10) one representative from a state supported living center;(11) one member who has an intellectual or developmental disability or whose family member has an intellectual or developmental disability; and(12) one member who represents the public.</content><note type="source"><p>Source Note: The provisions of this §255.6 adopted to be effective September 6, 2023, 48 TexReg 4864; amended to be effective August 29, 2024, 49 TexReg 6464.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c257"><num value="257">CHAPTER 257</num><heading>CONSTRUCTION APPROVAL RULES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c257/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.1"><num value="257.1">§257.1</num><heading>Initial Contact</heading><content>When the construction, renovation, or addition to a facility is being considered, the owner shall notify the executive director of the proposed scope of the project.</content><note type="source"><p>Source Note: The provisions of this §257.1 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.2"><num value="257.2">§257.2</num><heading>Facility Needs Analysis</heading><content>Analysis of facility needs shall be submitted to the commission by the owner prior to submission of any design documents. The owner may request commission assistance in preparation of the needs analysis. The analysis shall include facility type, capacity, and support area needs.</content><note type="source"><p>Source Note: The provisions of this §257.2 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.3"><num value="257.3">§257.3</num><heading>Architects and Engineers</heading><content>Design documents shall bear professional seals and signatures required by the Texas Board of Architectural Examiners and/or the Texas State Board of Regulation for Professional Engineers as required by law. The owner shall notify commission staff of the designated prime design professional.</content><note type="source"><p>Source Note: The provisions of this §257.3 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.4"><num value="257.4">§257.4</num><heading>Required Submissions</heading><content>Information shall be furnished by the owner or the owner's representative to the commission staff at the following stages of planning and construction.(1) Schematic design. Documents shall illustrate the scale, relationship of project components, and cost estimates.(2) Design development. Drawings and specification documents shall illustrate and describe the size and character of the entire project as to structural, mechanical, and electrical systems, life safety and detention locking systems, construction materials, cost estimates, and other essentials as may be appropriate.(3) Construction documents. Drawings and specification documents shall include detail requirements for the construction of the entire project including necessary bidding information, bidding forms, final cost estimates of construction cost, and operation cost. These documents shall include the conditions of the construction contract or contracts.(4) Addendum, substitutions and changes. Copies of all proposed addendum prepared during the bidding phase shall be forwarded to the executive director prior to being issued. The executive director shall respond in writing, giving approval or disapproval promptly to the architect, not longer than ten working days after receiving the request. Modifications, changes and all substitutions of equal material or equipment for those specified in the approved contract documents must receive written approval by the executive director prior to the change order or substitution approval being issued. Emergency approval of addendum, modifications, substitutions or changes may be sought and obtained by telephone or facsimile from the executive director who will subsequently issue a confirming answer in writing.(5) Award of construction contract. Upon award of the construction contract, the owner or the owner's representative shall notify the commission staff of the date construction is to commence, estimated time of completion, and the amount of the contract.</content><note type="source"><p>Source Note: The provisions of this §257.4 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.5"><num value="257.5">§257.5</num><heading>Official Comments</heading><content>Each time a required submission is made, it shall contain a statement of review and comment from both the owner and sheriff/operator.</content><note type="source"><p>Source Note: The provisions of this §257.5 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.6"><num value="257.6">§257.6</num><heading>Approval</heading><content>Within 30 working days of receiving the contract documents as submitted by the owner, the executive director or his representative shall respond in writing with approval or disapproval of the building as complying with the minimum standards established by rules and procedures of the commission. If approval is not given, an explicit description of the items which are not approved shall be given by the executive director along with an explicit description of the remedy or remedies necessary. The executive director shall send his reply directly to the owner and sheriff/operator.</content><note type="source"><p>Source Note: The provisions of this §257.6 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.7"><num value="257.7">§257.7</num><heading>Occupancy Inspections</heading><content>The owner shall notify the executive director not less than 30 days prior to completion of construction to schedule an occupancy inspection.</content><note type="source"><p>Source Note: The provisions of this §257.7 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.8"><num value="257.8">§257.8</num><heading>Letter of Occupancy</heading><content>Upon determination that the completed facility meets the requirements of minimum jail standards, the executive director shall issue a letter of occupancy to the owner and sheriff/operator. The facility shall not be occupied before approval by the executive director or his designee.</content><note type="source"><p>Source Note: The provisions of this §257.8 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.9"><num value="257.9">§257.9</num><heading>Laws Applicable</heading><content>Facilities constructed prior to subsequent amendments to these rules, entailing changes, additions, or deletions to the structure of equipment therein, shall not be required to meet the changes unless the change also establishes a date by which the change shall be effected. The facility shall conform to the building, safety, and health requirements of state and local authority. The facility shall also conform to the Texas Accessibility Standards in effect at the time of construction in its entirety regarding the Americans with Disabilities Act Accessibility Guidelines (ADAAG). The commission adopts these rules and 16 TAC §68.20 (relating to Buildings and Facilities Subject to Compliance with the Texas Accessibility Standards) by reference. State standards for a facility which exceed those of the local authority shall take precedence. Where local building codes do not exist, the county shall designate a building code currently in effect; otherwise the International Building Code will apply.</content><note type="source"><p>Source Note: The provisions of this §257.9 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective August 16, 1996, 21 TexReg 7565; amended to be effective March 14, 1999, 24 TexReg 1637; amended to be effective July 7, 2013, 38 TexReg 4188.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.10"><num value="257.10">§257.10</num><heading>Accessibility Review</heading><content>The plans for all facilities shall be submitted to the Texas Department of Licensing and Regulation, Elimination of Architectural Barriers, the Texas Commission on Jail Standards, or a Registered Accessibility Specialist for review and approval of accessibility features.</content><note type="source"><p>Source Note: The provisions of this §257.10 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective March 14, 1999, 24 TexReg 1637; amended to be effective May 19, 2002, 27 TexReg 4164.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c257/sc/s257.11"><num value="257.11">§257.11</num><heading>Facilities Exempt from New Standard Requirements</heading><content>Facilities completed, under construction or plans received by the Commission prior to adoption of changes to Construction Standards, Chapter 259 of this title (relating to New Construction Rules) as indicated by the effective date are exempt from new standard requirements.</content><note type="source"><p>Source Note: The provisions of this §257.11 adopted to be effective March 14, 1999, 24 TexReg 1638.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c259"><num value="259">CHAPTER 259</num><heading>NEW CONSTRUCTION RULES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scA/s259.1"><num value="259.1">§259.1</num><heading>Objectives</heading><content>Any county contemplating construction, renovation of or addition to a facility shall determine the present and future needs and possible expansion of the existing or proposed facility. A clear definition of the functions and objectives for the proposed new facility, renovation, or addition shall then be provided to the commission for approval.</content><note type="source"><p>Source Note: The provisions of this §259.1 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scA/s259.2"><num value="259.2">§259.2</num><heading>Unfinished Areas</heading><content>Planning may provide for the construction of space for future expansion to increase the capacity of the facility. These areas may be constructed "shell only" for future installation of interior walls, equipment and appurtenances. Such areas shall not compromise the security of the total facility.</content><note type="source"><p>Source Note: The provisions of this §259.2 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scA/s259.3"><num value="259.3">§259.3</num><heading>Design Concepts</heading><content>Innovative concepts are encouraged to reduce problems of security and maintenance while creating a safe, sanitary, and secure environment for staff and inmates. The facility shall be structurally sound, fire resistive and not connected to a building that is not fire resistive and shall provide for adequate security and safety. Facility design shall provide for support functions and equipment to insure safe, secure, and efficient operations.</content><note type="source"><p>Source Note: The provisions of this §259.3 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scB"><num value="B">SUBCHAPTER B</num><heading>NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.100"><num value="259.100">§259.100</num><heading>Facility Site</heading><content>The site shall be of sufficient size to provide for the immediate facility and a reasonable projected expansion. A buffer zone around the facility should be provided.</content><note type="source"><p>Source Note: The provisions of this §259.100 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.101"><num value="259.101">§259.101</num><heading>Facility Operation Concept</heading><content>The facility shall be planned to receive unclassified persons, hold pretrial and convicted persons, and allow for processing, classifying and releasing persons at all times.</content><note type="source"><p>Source Note: The provisions of this §259.101 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.102"><num value="259.102">§259.102</num><heading>Facility Security Requirements</heading><content>Facility security shall be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes.</content><note type="source"><p>Source Note: The provisions of this §259.102 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.103"><num value="259.103">§259.103</num><heading>Special Security</heading><content>A facility shall be constructed and maintained as a special security unit. The integrity of the security perimeter shall not be compromised by other functions.</content><note type="source"><p>Source Note: The provisions of this §259.103 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.104"><num value="259.104">§259.104</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired shall determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §259.104 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.105"><num value="259.105">§259.105</num><heading>Public Areas</heading><content>Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area shall be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §259.105 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.106"><num value="259.106">§259.106</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §259.106 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.107"><num value="259.107">§259.107</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the inmate housing areas. Evidence storage shall be provided within the system and located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.107 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.108"><num value="259.108">§259.108</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §259.108 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.109"><num value="259.109">§259.109</num><heading>Arsenal</heading><content>An arsenal or secure storage area for weapons, ammunition, and tactical equipment should be provided and shall be located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.109 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.110"><num value="259.110">§259.110</num><heading>Inmate Movement Into and Out of Facility</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §259.110 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.111"><num value="259.111">§259.111</num><heading>Inmate Movement inside Facility</heading><content>The design shall provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §259.111 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.112"><num value="259.112">§259.112</num><heading>Observation</heading><content>Inmate occupied areas shall be constructed to facilitate direct observation of inmates. The design shall allow observation into inmate living areas without requiring staff to enter inmate safety vestibules.</content><note type="source"><p>Source Note: The provisions of this §259.112 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.113"><num value="259.113">§259.113</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §259.113 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.114"><num value="259.114">§259.114</num><heading>Segregation</heading><content>(a) Systems shall provide separate cells and day rooms of varying capacities to provide adequate segregation of different classifications of male and female inmates as required by Chapter 271 of this title (relating to Classification and Separation of Inmates).(b) Single occupancy cells shall be provided to house inmates classified in administrative, disciplinary, and medical segregation in a quantity to meet the following requirements:(1) Systems having an inmate capacity of 200 or less shall provide separation cells to accommodate not less than 10% of the facility capacity;(2) Systems having an inmate capacity of over 200 shall provide a minimum of 20 separation cells and a sufficient number of single cells with adjacent day rooms to accommodate a total of at least 10% of the capacity. Day rooms provided for these cells shall be arranged to accommodate no more than 24 inmates.(c) The capacity of each cell and day room shall not exceed 20% of the system's capacity.(d) The total capacity of all dormitory space shall not exceed 40% of the system's capacity.</content><note type="source"><p>Source Note: The provisions of this §259.114 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.115"><num value="259.115">§259.115</num><heading>Functions</heading><content>Minimum space allocations shall provide for the following:(1) Inmate processing:(A) sally port;(B) reception and holding;(C) shakedown;(D) booking;(E) identification;(F) dressing in and out;(G) video taping and intoxilizer programs if such are to be performed in the facility.(2) Detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations.(3) Support/Services:(A) public areas;(B) administrative offices;(C) squad rooms;(D) food service;(E) laundry;(F) inmate commissary;(G) storage;(H) sanitation;(I) medical examination and treatment;(J) multipurpose rooms;(K) recreation and exercise;(L) inmate programs and activities;(M) counseling;(N) library.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §259.115 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective November 8, 1998, 23 TexReg 11165; amended to be effective July 7, 2013, 38 TexReg 4188.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.116"><num value="259.116">§259.116</num><heading>Vehicular Sally Port</heading><content>A facility shall have a vehicular sally port located inside or abutting the building so that inmates may board or disembark from a vehicle. Space shall be sufficient to accommodate anticipated transportation vehicles. The sally port shall be secured with one or more entrance gates or doors capable of being opened, closed, locked, and unlocked from a remote location within the facility. Means shall be provided for the identification of persons approaching the sally port.</content><note type="source"><p>Source Note: The provisions of this §259.116 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.117"><num value="259.117">§259.117</num><heading>Inmate Entrance</heading><content>The inmate entrance shall be from the vehicular sally port through a safety vestibule into the processing area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §259.117 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.118"><num value="259.118">§259.118</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §259.118 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.119"><num value="259.119">§259.119</num><heading>Processing Area</heading><content>Facilities shall have a processing area located inside the security perimeter, but away from the inmate housing areas. The processing area shall be designed to readily permit the booking, shakedown, identification, and dressing of inmates. A telephone shall be available for detainees' use. Processing areas shall be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the booking area to provide privacy and separation of inmates.</content><note type="source"><p>Source Note: The provisions of this §259.119 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.120"><num value="259.120">§259.120</num><heading>Identification</heading><content>Space shall be provided for photographing, fingerprinting and identification procedures for inmates.</content><note type="source"><p>Source Note: The provisions of this §259.120 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.121"><num value="259.121">§259.121</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both inmates and visitors. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for a direct passage of legal paper between inmates and attorneys at noncontact visitation.</content><note type="source"><p>Source Note: The provisions of this §259.121 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective June 14, 1996, 21 TexReg 5001; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.122"><num value="259.122">§259.122</num><heading>Control Room/Jailer Stations</heading><content>A sufficient number of control rooms/jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories shall be located within the security perimeter and in close proximity to control rooms and jailer stations. The design shall allow access to control rooms without requiring staff to enter inmate safety vestibules or inmate activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.122 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective October 8, 2013, 38 TexReg 6923.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.123"><num value="259.123">§259.123</num><heading>Kitchen</heading><content>A properly equipped kitchen of adequate size shall be provided within the system and shall include the following:(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should reduce the possibility of slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §259.123 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.124"><num value="259.124">§259.124</num><heading>Dining Space</heading><content>Group dining may be provided and shall avoid concentrations of more than 96 inmates.</content><note type="source"><p>Source Note: The provisions of this §259.124 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.125"><num value="259.125">§259.125</num><heading>Laundry Facilities</heading><content>Space for a laundry commensurate to the size of the facility shall be provided within the system. The laundry shall be equipped with a sufficient number of washers and dryers to accommodate the anticipated laundry load. Adequate separate storage space shall be provided for both clean and soiled laundry and laundry supplies.</content><note type="source"><p>Source Note: The provisions of this §259.125 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.126"><num value="259.126">§259.126</num><heading>Commissary</heading><content>Space appropriate to capacity of the facility shall be provided for an inmate commissary.</content><note type="source"><p>Source Note: The provisions of this §259.126 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.127"><num value="259.127">§259.127</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity shall be provided as follows:(1) Inmate property: two cubic feet per inmate;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §259.127 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.128"><num value="259.128">§259.128</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment shall be provided within the security perimeter and administrative area. Sufficient broom and mop racks shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.128 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.129"><num value="259.129">§259.129</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.129 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective May 3, 1995, 20 TexReg 2865.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.130"><num value="259.130">§259.130</num><heading>Infirmary</heading><content>An infirmary should be provided for systems of 200 or more capacity and shall include the following minimum components:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 gross square feet of floor space per bed;(7) at least one single occupancy negative pressure cell;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of inmates in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §259.130 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.131"><num value="259.131">§259.131</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms having a minimum of 200 square feet of floor space each shall be provided for each increment of 100 inmates based on design capacity. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §259.131 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.132"><num value="259.132">§259.132</num><heading>Exercise Area</heading><content>One or more secure exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas shall be provided for exercise during inclement weather. Outdoor exercise areas should be covered with a security enclosure. Where outdoor exercise areas are not provided, facility design shall provide for access to sunlight. A toilet and drinking fountain shall be readily available. Exercise areas for facilities of less than 100 inmates based on design capacity shall not be less than 800 square feet. Exercise areas for larger facilities shall provide 15 square feet per inmate for the maximum number of inmates expected to use the space at one time, but not less than 1000 square feet for each exercise area. Exercise areas serving multiple inmates housed in segregation shall provide 15 square feet per inmate for the maximum number of inmates expected to use the space at one time, but not less than 500 square feet for each exercise area. Individual recreation areas serving a single inmate in segregation shall provide no less than 200 square feet for each exercise area. Each direct supervision housing area shall have an exercise area within close proximity, which should be adjacent to the housing area.</content><note type="source"><p>Source Note: The provisions of this §259.132 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.133"><num value="259.133">§259.133</num><heading>Single Cells</heading><content>Single cells shall contain not less than 40 square feet of clear floor space. Each cell shall have one bunk, toilet, lavatory, table and seating separate from the bunk.</content><note type="source"><p>Source Note: The provisions of this §259.133 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.134"><num value="259.134">§259.134</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §259.134 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.135"><num value="259.135">§259.135</num><heading>Dormitories</heading><content>Dormitories shall contain 9 to 48 bunks. Dormitories operated as direct supervision may accommodate more than 48 inmates but shall not exceed more than 72 inmates. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets, lavatories, and may include showers. Dormitories with contiguous day rooms in direct supervision facilities may exceed 40% of the facility capacity.</content><note type="source"><p>Source Note: The provisions of this §259.135 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective October 23, 1995, 20 TexReg 8325; amended to be effective December 29, 1997, 22 TexReg 12789; amended to be effective June 13, 2024, 49 TexReg 4059.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.136"><num value="259.136">§259.136</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day room space. Separation cells, violent cells, holding cells, detoxification cells, and medical cells are exempt from this requirement. Day rooms shall accommodate no more than 48 inmates. Dayrooms operated as direct supervision may accommodate more than 48 inmates but shall not exceed more than 72 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; a sufficient number of toilets, lavatories, and showers as approved by the Commission; and mirrors, seating, and tables. A utility sink should be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the day room.</content><note type="source"><p>Source Note: The provisions of this §259.136 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective October 23, 1995, 20 TexReg 8325; amended to be effective December 29, 1997, 22 TexReg 12789; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective May 3, 2000, 25 TexReg 3791; amended to be effective June 13, 2024, 49 TexReg 4059.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.137"><num value="259.137">§259.137</num><heading>Separation Cells</heading><content>Separation cells shall include the following features and equipment.(1) Furnishings. Each cell shall be provided with one bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, and shower.(3) Cell Size. Cells shall contain not less than 40 square feet of clear floor space.</content><note type="source"><p>Source Note: The provisions of this §259.137 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.138"><num value="259.138">§259.138</num><heading>Holding Cells</heading><content>(a) One or more holding cells shall be provided to hold inmates pending intake, processing, release, or other reason for temporary holding. Inmates shall not be held for more than 48 hours and the cell shall include the following features.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.(b) Remote Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting transportation. Inmates shall not be held for more than 4 hours and the cell shall include the following features.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor, and not less than 12" wide. Seating shall be sufficient to provide not less than 18 linear inches per inmate at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories capable of providing drinking water, and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and the capacity shall be determined by the amount of seating provided and posted at the exterior of the cell.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.(6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall annunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building.(7) Audible Communication. Audible communications shall be provided.(c) Remote Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting transportation. Inmates shall not be held for more than 8 hours and the cell shall include the following features.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor, and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories capable of providing drinking water, and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.(6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall annunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building.(7) Audible Communication. Audible communications shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.138 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective August 16, 1996, 21 TexReg 7565; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective May 3, 2000, 25 TexReg 3791; amended to be effective October 16, 2007, 32 TexReg 7267.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.139"><num value="259.139">§259.139</num><heading>Detoxification Cells</heading><content>Any facility that anticipates the housing of intoxicated persons shall provide one or more detoxification cells for detention during the detoxification process. These cells shall include the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than 8" above the finished floor, not less than 2' 0" wide and shall extend the length of the cell.(2) Plumbing. Cells shall be provided with one or more vandal resistive flushing floor drains with outside controls, or detention type toilet and lavatory and vandal resistive floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water shall be provided.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from 1 to 8 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §259.139 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.140"><num value="259.140">§259.140</num><heading>Violent Cells</heading><content>A facility may contain one or more single occupancy cells for the temporary holding of violent persons. Violent cells shall include the following features and equipment.(1) Furnishings. The cell shall be equipped with a minimum 2' 3" wide by 6' 3" long bench not more than 8" above the floor which abuts the wall and extends the length or width of the cell.(2) Plumbing. Flushing type floor drains with outside controls shall be provided.(3) Cell Size. Cell shall contain not less than 40 square feet of clear floor space.(4) Padding. Walls, floor, door and bench shall be completely covered with a material to protect the inmate from self injury. The type of material used to cover the walls, floor, door and bench shall be fire resistive and nontoxic.</content><note type="source"><p>Source Note: The provisions of this §259.140 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective December 22, 1999, 24 TexReg 11517.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.141"><num value="259.141">§259.141</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §259.141 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.142"><num value="259.142">§259.142</num><heading>Safety Vestibules</heading><content>Safety vestibules shall be provided for each inmate housing area and day room used for confinement of three or more inmates. No more than four living areas shall be served by one vestibule. All entrances through the security perimeter from administrative and/or public areas shall be provided with a safety vestibule.(1) Safety vestibules shall have one or more interior doors and a main entrance door.(2) Interior doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule.(3) Where doors have an interlocking security feature, provisions shall be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §259.142 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.143"><num value="259.143">§259.143</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than 2' 3" wide and 6' 3" long.(b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. In direct supervision living areas, they shall be constructed in such manner and of such material so as to resist vandalism. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of 8 inmates.(c) Showers. Shower areas shall be not less than 2' 6" square per showerhead and not less than 7' 0" high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than 2' 6" square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and seating in direct supervision day rooms are not required to be anchored. Tables and benches shall be not less than 12" wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12" in diameter. Seating height of 17" to 19" shall be provided.(e) Privacy Shields. Inmate toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be equipped to restrict viewing from persons outside the cell and staff areas in direct supervision designs. Privacy shields shall extend from about 15" above the finished floor to about 5' high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells.</content><note type="source"><p>Source Note: The provisions of this §259.143 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective December 29, 1997, 22 TexReg 12789; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective October 8, 2013, 38 TexReg 6923.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.144"><num value="259.144">§259.144</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Exterior and interior walls within inmate housing and activity areas shall be constructed as follows:(1) Exterior walls:(A) a minimum 8" concrete block vertically reinforced by #3 bars 8" on center and all cells filled with 2,500 psi grout; or(B) a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way; or(C) a minimum 3/16" thick steel plate.(2) Interior walls:(A) a minimum 6" concrete block vertically reinforced by #3 bars 8" on center and all cells filled with 2,500 psi grout; or(B) a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way; or(C) a minimum 3/16" thick steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for exterior and interior wall construction.</content><note type="source"><p>Source Note: The provisions of this §259.144 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective December 10, 1996, 21 TexReg 11626.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.145"><num value="259.145">§259.145</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §259.145 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.146"><num value="259.146">§259.146</num><heading>Ceilings</heading><content>Ceilings within inmate housing areas shall be constructed of a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way or a minimum 10 gauge steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for ceiling construction.</content><note type="source"><p>Source Note: The provisions of this §259.146 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective December 10, 1996, 21 TexReg 11626; amended to be effective September 1, 1998, 23 TexReg 8844.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.147"><num value="259.147">§259.147</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §259.147 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.148"><num value="259.148">§259.148</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in inmate occupied areas shall be commensurate with the security of the walls. Windows or skylights should be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.148 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.149"><num value="259.149">§259.149</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved. Vent grilles shall be securely anchored.</content><note type="source"><p>Source Note: The provisions of this §259.149 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.150"><num value="259.150">§259.150</num><heading>Food Passes</heading><content>Food passes shall be provided and lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §259.150 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective October 8, 2013, 38 TexReg 6923.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.151"><num value="259.151">§259.151</num><heading>Detention Doors</heading><content>Hollow metal doors shall be constructed of 12 to 14 gauge steel inside the security perimeter. Eighteen gauge hollow metal doors may be used outside the security perimeter. Plate doors shall be constructed of material not less than 3/16 inches thick. The security quality of each detention door shall be determined by the level of security sought to be achieved. Detention doors shall be equipped with detention hardware and accessories. All cell doors shall be not less than 28 inches in clear width and not less than six feet-eight inches high.</content><note type="source"><p>Source Note: The provisions of this §259.151 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.152"><num value="259.152">§259.152</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors and shall be placed to maintain a minimum of six inches between the leading edge of the door and the wall. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §259.152 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.153"><num value="259.153">§259.153</num><heading>Door Closers</heading><content>Door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §259.153 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.154"><num value="259.154">§259.154</num><heading>Keys and Locks</heading><content>Keys and locks for detention doors shall be manufactured especially for detention use and keys shall be mogul or paracentric type. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §259.154 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.155"><num value="259.155">§259.155</num><heading>Key Cabinets</heading><content>Secured key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §259.155 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.156"><num value="259.156">§259.156</num><heading>Power Operated Locks</heading><content>Power operated locks shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty, detention type door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §259.156 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.157"><num value="259.157">§259.157</num><heading>Remote Controls</heading><content>Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §259.157 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.158"><num value="259.158">§259.158</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §259.158 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.159"><num value="259.159">§259.159</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks or vandal resistive screws commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §259.159 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.160"><num value="259.160">§259.160</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in occupied areas.</content><note type="source"><p>Source Note: The provisions of this §259.160 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.161"><num value="259.161">§259.161</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §259.161 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.162"><num value="259.162">§259.162</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the International Plumbing Code, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Lavatories in court holding cells are not required to provide warm water. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas shall have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §259.162 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective September 14, 1995, 20 TexReg 6829; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.163"><num value="259.163">§259.163</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water shall be provided within the security perimeter and administrative area.</content><note type="source"><p>Source Note: The provisions of this §259.163 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.164"><num value="259.164">§259.164</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections shall be provided in plumbing access space or corridors. Distance between hose connections shall not be more than 100 feet apart.</content><note type="source"><p>Source Note: The provisions of this §259.164 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.165"><num value="259.165">§259.165</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Floor drains may be provided in chases serving single and separation cells. Drain covers shall be provided and securely anchored with vandal resistive screws.</content><note type="source"><p>Source Note: The provisions of this §259.165 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.166"><num value="259.166">§259.166</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. Security detention type lighting shall be provided in inmate housing areas and vandal resistive lighting within inmate occupied areas. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §259.166 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.167"><num value="259.167">§259.167</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.167 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective January 1, 2014, 38 TexReg 9623.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.168"><num value="259.168">§259.168</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §259.168 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.169"><num value="259.169">§259.169</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §259.169 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scB/s259.170"><num value="259.170">§259.170</num><heading>Negative Pressure Cell</heading><content>A minimum of one negative pressure separation cell shall be provided for systems with a capacity of 100 or more inmates and contain the following features and equipment.(1) Furnishings. Each cell shall be provided with one bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, and shower.(3) Cell Size. Cells shall contain not less than 80 gross square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §259.170 adopted to be effective February 4, 1999, 24 TexReg 591.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scC"><num value="C">SUBCHAPTER C</num><heading>NEW LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.200"><num value="259.200">§259.200</num><heading>Lockup Site</heading><content>The site shall be of sufficient size to provide for the immediate facility and should provide for reasonable expansion. A buffer zone around the facility should be provided.</content><note type="source"><p>Source Note: The provisions of this §259.200 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.201"><num value="259.201">§259.201</num><heading>Lockup Operation Concept</heading><content>A facility shall be planned to receive unclassified persons, hold pretrial persons and allow for processing, classifying and releasing persons at all times. Inmates shall not be confined in a lockup in excess of 72 hours.</content><note type="source"><p>Source Note: The provisions of this §259.201 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.202"><num value="259.202">§259.202</num><heading>Lockup Facilities</heading><content>A facility shall consist of one or more single cells and may include multiple occupancy cells or dormitories.</content><note type="source"><p>Source Note: The provisions of this §259.202 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.203"><num value="259.203">§259.203</num><heading>Lockup Security Requirements</heading><content>Facility security shall be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes.</content><note type="source"><p>Source Note: The provisions of this §259.203 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.204"><num value="259.204">§259.204</num><heading>Special Security</heading><content>A facility shall be constructed and maintained as a special security unit. The integrity of the security perimeter shall not be compromised by other functions.</content><note type="source"><p>Source Note: The provisions of this §259.204 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.205"><num value="259.205">§259.205</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired shall determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §259.205 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.206"><num value="259.206">§259.206</num><heading>Public Areas</heading><content>Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area shall be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitor's articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §259.206 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.207"><num value="259.207">§259.207</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §259.207 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.208"><num value="259.208">§259.208</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the inmate housing areas. Evidence storage shall be provided within the system and located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.208 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.209"><num value="259.209">§259.209</num><heading>Squad Room</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §259.209 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.210"><num value="259.210">§259.210</num><heading>Arsenal</heading><content>An arsenal or secure storage area for weapons, ammunition and tactical equipment should be provided and shall be located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.210 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.211"><num value="259.211">§259.211</num><heading>Inmate Movement Into and Out of Lockup</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §259.211 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.212"><num value="259.212">§259.212</num><heading>Inmate Movement inside Lockup</heading><content>The design shall provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §259.212 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.213"><num value="259.213">§259.213</num><heading>Observation</heading><content>Inmate occupied areas shall be constructed to facilitate direct observation of inmates. The design shall allow observation into inmate living areas without requiring staff to enter inmate safety vestibules.</content><note type="source"><p>Source Note: The provisions of this §259.213 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.214"><num value="259.214">§259.214</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §259.214 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.215"><num value="259.215">§259.215</num><heading>Segregation</heading><content>Design shall provide for adequate segregation of inmates in accordance with the facility classification plan as required by Chapter 271 of this title (relating to Classification and Separation of Inmates).</content><note type="source"><p>Source Note: The provisions of this §259.215 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.216"><num value="259.216">§259.216</num><heading>Functions</heading><content>Minimum space allocations shall provide for the following:(1) Inmate processing:(A) reception and holding;(B) shakedown;(C) booking;(D) identification;(E) dressing in and out;(F) video taping and intoxilizer programs if such are to be performed in the facility.(2) Detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations.(3) Support/Services:(A) public areas;(B) administrative offices;(C) food service;(D) laundry;(E) storage;(F) sanitation;(4) Space may be allocated for a kitchen, inmate commissary, and sally port. It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §259.216 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective November 8, 1998, 23 TexReg 11165; amended to be effective July 7, 2013, 38 TexReg 4188.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.217"><num value="259.217">§259.217</num><heading>Vehicular Sally Port</heading><content>A facility may have a vehicular sally port. If provided, a sally port shall be located inside or abutting the building so that inmates may board or disembark from a vehicle. Space shall be sufficient to accommodate anticipated transportation vehicles. The sally port shall be secured with one or more entrance gates or doors capable of being opened, closed, locked, and unlocked from a remote location within the facility. Means shall be provided for the identification of persons approaching the sally port.</content><note type="source"><p>Source Note: The provisions of this §259.217 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.218"><num value="259.218">§259.218</num><heading>Inmate Entrance</heading><content>The inmate entrance should be through a safety vestibule into the processing area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §259.218 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.219"><num value="259.219">§259.219</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §259.219 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.220"><num value="259.220">§259.220</num><heading>Processing Area</heading><content>Facilities shall have a processing area located inside the security perimeter. The processing area shall be designed to readily permit the booking, shakedown, identification, and dressing of inmates. A telephone shall be available for detainees' use. Processing areas shall be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the booking area to provide privacy and separation of inmates.</content><note type="source"><p>Source Note: The provisions of this §259.220 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.221"><num value="259.221">§259.221</num><heading>Identification</heading><content>Space shall be provided for identification procedures.</content><note type="source"><p>Source Note: The provisions of this §259.221 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.222"><num value="259.222">§259.222</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the visitor and inmate. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both visitors and inmates. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for a direct passage of legal paper between inmates and attorneys at noncontact visitation.</content><note type="source"><p>Source Note: The provisions of this §259.222 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.223"><num value="259.223">§259.223</num><heading>Control Rooms/Jailer Stations</heading><content>A sufficient number of control rooms/jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories shall be located within the security perimeter and in close proximity to control rooms and jailer stations. The design shall allow access to control rooms without requiring staff to enter inmate safety vestibules or inmate activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.223 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective July 7, 2013, 38 TexReg 4188.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.224"><num value="259.224">§259.224</num><heading>Kitchen</heading><content>A properly equipped kitchen of adequate size shall be provided within the system and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should reduce the possibility of slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §259.224 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.225"><num value="259.225">§259.225</num><heading>Dining Space</heading><content>Group dining may be provided and shall avoid concentrations of more than 96 inmates.</content><note type="source"><p>Source Note: The provisions of this §259.225 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.226"><num value="259.226">§259.226</num><heading>Laundry Facilities</heading><content>An adequate laundry within the system, or a vendor contract, shall be maintained to provide clean clothing, bedding, and supplies. Adequate separate storage space shall be provided for both clean and soiled laundry and laundry supplies.</content><note type="source"><p>Source Note: The provisions of this §259.226 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.227"><num value="259.227">§259.227</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity shall be provided as follows:(1) Inmate property: two cubic feet per inmate;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §259.227 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.228"><num value="259.228">§259.228</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment shall be provided within the security perimeter and administrative area. Sufficient broom and mop racks shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.228 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.229"><num value="259.229">§259.229</num><heading>Medical Storage Space</heading><content>Adequate secure space for first aid equipment, medical supplies, and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.229 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.230"><num value="259.230">§259.230</num><heading>Single Cells</heading><content>Single cells shall contain not less than 40 square feet of clear floor space. Each cell shall have one bunk, toilet, lavatory, table, and seat separate from the bunk.</content><note type="source"><p>Source Note: The provisions of this §259.230 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.231"><num value="259.231">§259.231</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Cells shall contain table and seating if day room space is not provided.</content><note type="source"><p>Source Note: The provisions of this §259.231 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.232"><num value="259.232">§259.232</num><heading>Dormitories</heading><content>Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets, lavatories, and may include showers. Cells shall contain table and seating if day room space is not provided.</content><note type="source"><p>Source Note: The provisions of this §259.232 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective December 29, 1997, 22 TexReg 12789; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.233"><num value="259.233">§259.233</num><heading>Day Rooms</heading><content>Single cells, multiple occupancy cells, and dormitories may be provided with day room space. Holding cells and detoxification cells are exempt from this requirement. Day rooms shall accommodate no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; a sufficient number of toilets, lavatories, and showers as approved by the Commission, mirrors, seating, and tables. A utility sink should be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the day room.</content><note type="source"><p>Source Note: The provisions of this §259.233 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective December 29, 1997, 22 TexReg 12789; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective December 22, 1999, 24 TexReg 11517; amended to be effective May 3, 2000, 25 TexReg 3792.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.234"><num value="259.234">§259.234</num><heading>Separation Cells</heading><content>Separation cells shall include the following features and equipment.(1) Furnishings. Each cell shall be provided with 1 bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, and shower.(3) Cell Size. Cells shall contain not less than 40 square feet of clear floor space.</content><note type="source"><p>Source Note: The provisions of this §259.234 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.235"><num value="259.235">§259.235</num><heading>Holding Cells</heading><content>One or more holding cells shall be provided to hold inmates pending intake, processing, release, or other reason for temporary holding. Holding cells shall contain the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §259.235 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.236"><num value="259.236">§259.236</num><heading>Detoxification Cells</heading><content>A facility shall provide one or more detoxification cells for detention during the detoxification process. These cells shall include the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than 8" above the finished floor, not less than 2' 0" wide and shall extend the length of the cell.(2) Plumbing. Cells shall be provided with one or more vandal resistive flushing floor drains with outside controls, or detention type toilet and lavatory and vandal resistive floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water shall be provided.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from 1 to 8 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, door and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §259.236 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.237"><num value="259.237">§259.237</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §259.237 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.238"><num value="259.238">§259.238</num><heading>Safety Vestibules</heading><content>Safety vestibules shall be provided for each inmate housing area and day room used for confinement of three or more inmates. No more than four living areas shall be served by one vestibule. All entrances through the security perimeter from administrative and/or public areas shall be provided with a safety vestibule.(1) Safety vestibules shall have 1 or more interior doors and a main entrance door.(2) Interior doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule.(3) Where doors have an interlocking security feature, provisions shall be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §259.238 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.239"><num value="259.239">§259.239</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than 2' 3" wide and 6' 3" long.(b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. Based on design capacity, each cell and day room shall provide 1 toilet and lavatory capable of providing drinking water for each group or increment of 8 inmates.(c) Showers. Shower areas shall be not less than 2' 6" square per showerhead and not less than 7' 0" high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than 2' 6" square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each day room, unless otherwise approved by the Commission, shall provide 1 shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and benches shall be not less than 12" wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12" in diameter. Seating height of 17" to 19" shall be provided.(e) Privacy Shields. Inmate toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be equipped to restrict viewing from persons outside the cell and staff areas in direct supervision designs. Privacy shields shall extend from about 15" above the finished floor to about 5' high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells.</content><note type="source"><p>Source Note: The provisions of this §259.239 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective December 29, 1997, 22 TexReg 12789; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective October 8, 2013, 38 TexReg 6923.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.240"><num value="259.240">§259.240</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Exterior and interior walls within inmate housing and activity areas shall be constructed as follows:(1) Exterior walls:(A) a minimum 8" concrete block vertically reinforced by #3 bars 8" on center and all cells filled with 2500 psi grout, or(B) a minimum of 4" thick concrete plank reinforced with #4 bars 8" on center each way, or(C) a minimum 3/16" thick steel plate.(2) Interior walls:(A) a minimum 6" concrete block vertically reinforced by #3 bars 8" on center and all cells filled with 2500 psi grout, or(B) a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way, or(C) a minimum 3/16" thick steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for exterior and interior wall construction.</content><note type="source"><p>Source Note: The provisions of this §259.240 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.241"><num value="259.241">§259.241</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §259.241 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.242"><num value="259.242">§259.242</num><heading>Ceilings</heading><content>Ceilings within inmate housing areas shall be constructed of a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way or a minimum 10 gauge steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for ceiling construction.</content><note type="source"><p>Source Note: The provisions of this §259.242 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.243"><num value="259.243">§259.243</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §259.243 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.244"><num value="259.244">§259.244</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in inmate occupied areas shall be commensurate with the security of the walls. Windows or skylights may be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.244 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.245"><num value="259.245">§259.245</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved. Vent grilles shall be securely anchored.</content><note type="source"><p>Source Note: The provisions of this §259.245 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.246"><num value="259.246">§259.246</num><heading>Food Passes</heading><content>Food passes shall be provided and lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §259.246 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective October 8, 2013, 38 TexReg 6924.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.247"><num value="259.247">§259.247</num><heading>Detention Doors</heading><content>Hollow metal doors shall be constructed of 12 to 14 gauge steel inside the security perimeter. Eighteen gauge hollow metal doors may be used outside the security perimeter. Plate doors shall be constructed of material not less than 3/16 inches thick. The security quality of each detention door shall be determined by the level of security sought to be achieved. Detention doors shall be equipped with detention hardware and accessories. All cell doors shall be not less than 28 inches in clear width and not less than six feet-eight inches high.</content><note type="source"><p>Source Note: The provisions of this §259.247 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.248"><num value="259.248">§259.248</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors and shall be placed to maintain a minimum of six inches between the leading edge of the door and the wall. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §259.248 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.249"><num value="259.249">§259.249</num><heading>Door Closers</heading><content>Door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §259.249 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.250"><num value="259.250">§259.250</num><heading>Keys and Locks</heading><content>Keys and locks for detention doors shall be manufactured especially for detention use and keys shall be mogul or paracentric type. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §259.250 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.251"><num value="259.251">§259.251</num><heading>Key Cabinets</heading><content>Secured key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §259.251 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.252"><num value="259.252">§259.252</num><heading>Power Operated Locks</heading><content>Power operated locks shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty, detention type door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §259.252 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.253"><num value="259.253">§259.253</num><heading>Remote Controls</heading><content>Doors to single cells, multiple-occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §259.253 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.254"><num value="259.254">§259.254</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §259.254 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.255"><num value="259.255">§259.255</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks or vandal resistive screws commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §259.255 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.256"><num value="259.256">§259.256</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in the occupied areas.</content><note type="source"><p>Source Note: The provisions of this §259.256 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.257"><num value="259.257">§259.257</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §259.257 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.258"><num value="259.258">§259.258</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the International Plumbing Code, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas shall have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §259.258 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.259"><num value="259.259">§259.259</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water shall be provided within the security perimeter and administrative area.</content><note type="source"><p>Source Note: The provisions of this §259.259 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.260"><num value="259.260">§259.260</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections shall be provided in plumbing access space or corridors. Distance between hose connections shall not be more than 100 feet apart.</content><note type="source"><p>Source Note: The provisions of this §259.260 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.261"><num value="259.261">§259.261</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Floor drains may be provided in chases serving single and separation cells. Drain covers shall be provided and securely anchored with vandal resistive screws.</content><note type="source"><p>Source Note: The provisions of this §259.261 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.262"><num value="259.262">§259.262</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. Security detention type lighting shall be provided in inmate housing areas and vandal resistive lighting within inmate occupied areas. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §259.262 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.263"><num value="259.263">§259.263</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.263 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective January 1, 2014, 38 TexReg 9623.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.264"><num value="259.264">§259.264</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §259.264 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scC/s259.265"><num value="259.265">§259.265</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §259.265 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scD"><num value="D">SUBCHAPTER D</num><heading>NEW MEDIUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.300"><num value="259.300">§259.300</num><heading>Facility Site</heading><content>The site shall be of sufficient size to provide for the immediate facility and a reasonable projected expansion. A buffer zone around the facility should be provided.</content><note type="source"><p>Source Note: The provisions of this §259.300 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.301"><num value="259.301">§259.301</num><heading>Facility Concept</heading><content>Medium security facilities shall be designed only in conjunction with facilities which meet the requirements of Chapter 259, §§259.100-259.170 of this title (relating to Maximum Security Design) or Chapter 261, §§261.100-261.171 of this title (relating to Existing Maximum Security Design). Inmates housed in medium security facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Separation). Maximum security spaces incorporated into the medium security design shall meet the requirements of Chapter 259, §§259.100-259.170 of this title.</content><note type="source"><p>Source Note: The provisions of this §259.301 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective June 14, 1996, 21 TexReg 5001; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.302"><num value="259.302">§259.302</num><heading>Facility Security Requirements</heading><content>Facility security shall be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes.</content><note type="source"><p>Source Note: The provisions of this §259.302 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.303"><num value="259.303">§259.303</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired shall determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §259.303 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.304"><num value="259.304">§259.304</num><heading>Public Areas</heading><content>Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area shall be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §259.304 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.305"><num value="259.305">§259.305</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §259.305 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.306"><num value="259.306">§259.306</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the inmate housing areas. Evidence storage shall be provided within the system and located outside security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.306 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.307"><num value="259.307">§259.307</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §259.307 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.308"><num value="259.308">§259.308</num><heading>Inmate Movement Into and Out of Facility</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §259.308 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.309"><num value="259.309">§259.309</num><heading>Inmate Movement inside Facility</heading><content>The design shall provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §259.309 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.310"><num value="259.310">§259.310</num><heading>Observation</heading><content>Inmate occupied areas shall be constructed to facilitate direct observation of inmates. The design shall allow observation into inmate living areas without requiring staff to enter inmate safety vestibules.</content><note type="source"><p>Source Note: The provisions of this §259.310 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.311"><num value="259.311">§259.311</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §259.311 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.312"><num value="259.312">§259.312</num><heading>Segregation</heading><content>(a) Systems shall provide separate cells and day rooms of capacities to provide adequate segregation of different classifications of male and female inmates as required by Chapter 271 of this title (relating to Classification and Separation of Inmates).(b) Systems shall provide adequate single cells, separation cells, or holding cells, and may provide other special purpose cells.</content><note type="source"><p>Source Note: The provisions of this §259.312 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.313"><num value="259.313">§259.313</num><heading>Functions</heading><content>Minimum space allocations shall provide for the following.(1) Inmate reception:(A) reception and holding;(B) video taping and intoxilizer programs if such are to be performed in the facility.(2) Detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations.(3) Support/Services:(A) public areas;(B) administrative offices;(C) squad rooms;(D) food service;(E) laundry;(F) inmate commissary;(G) storage;(H) sanitation;(I) medical examination and treatment;(J) multipurpose rooms;(K) recreation and exercise;(L) inmate programs and activities;(M) counseling;(N) library.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §259.313 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective July 7, 2013, 38 TexReg 4189.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.314"><num value="259.314">§259.314</num><heading>Inmate Entrance</heading><content>The inmate entrance shall be through a safety vestibule into the receiving area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §259.314 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.315"><num value="259.315">§259.315</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §259.315 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.316"><num value="259.316">§259.316</num><heading>Receiving Area</heading><content>Facilities shall have a receiving area. The receiving area shall be designed to readily permit the processing of inmates. Receiving areas shall be provided with access to drinking fountains and toilets.</content><note type="source"><p>Source Note: The provisions of this §259.316 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.317"><num value="259.317">§259.317</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both visitors and inmates. A secure visiting area may be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for a direct passage of legal paper between inmates and attorneys at noncontact visitation.</content><note type="source"><p>Source Note: The provisions of this §259.317 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.318"><num value="259.318">§259.318</num><heading>Control Rooms/Jailer Stations</heading><content>A sufficient number of control rooms/jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories shall be located within the security perimeter and in close proximity to control rooms and jailer stations. The design shall allow access to control rooms without requiring staff to enter inmate safety vestibules or inmate activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.318 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective July 7, 2013, 38 TexReg 4189.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.319"><num value="259.319">§259.319</num><heading>Kitchen</heading><content>A properly equipped kitchen of adequate size shall be provided within the system and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should reduce the possibility of slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §259.319 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.320"><num value="259.320">§259.320</num><heading>Dining Space</heading><content>Group dining may be provided and shall avoid concentrations of more than 96 inmates.</content><note type="source"><p>Source Note: The provisions of this §259.320 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.321"><num value="259.321">§259.321</num><heading>Laundry Facilities</heading><content>Space for a laundry commensurate to the size of the facility shall be provided within the system. The laundry shall be equipped with a sufficient number of washers and dryers to accommodate the anticipated laundry load. Adequate separate storage space shall be provided for both clean and soiled laundry and laundry supplies.</content><note type="source"><p>Source Note: The provisions of this §259.321 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.322"><num value="259.322">§259.322</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity shall be provided as follows:(1) Inmate property: two cubic feet per inmate, unless personal property will be maintained in another facility;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §259.322 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.323"><num value="259.323">§259.323</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment shall be provided within the security perimeter and administrative area. Sufficient broom and mop racks shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.323 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.324"><num value="259.324">§259.324</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.324 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective May 3, 1995, 20 TexReg 2865.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.325"><num value="259.325">§259.325</num><heading>Infirmary</heading><content>An infirmary should be provided for systems of 200 or more capacity and shall include the minimum following components:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 gross square feet of floor space per bed;(7) at least 1 single occupancy negative pressure room or cell;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of inmates in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §259.325 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.326"><num value="259.326">§259.326</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms having a minimum of 200 square feet of floor space each shall be provided for each increment of 100 inmates based on design capacity. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §259.326 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.327"><num value="259.327">§259.327</num><heading>Exercise Area</heading><content>One or more secure exercise areas shall be provided. Where outdoor exercise are provided, alternate areas shall be provided for exercise during inclement weather. Outdoor exercise areas should be covered with a security enclosure. Where outdoor exercise areas are not provided, facility design shall provide for access to sunlight. A toilet and drinking fountain shall be readily available. Exercise areas for facilities of less than 100 inmates based on design capacity shall not be less than 800 square feet. Exercise areas for larger facilities shall provide 15 square feet per inmate for the maximum number of inmates expected to use the space at one time, but not less than 1000 square feet for each exercise area. Each direct supervision housing area shall have an exercise area within close proximity which should be adjacent to the housing area.</content><note type="source"><p>Source Note: The provisions of this §259.327 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.328"><num value="259.328">§259.328</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §259.328 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.329"><num value="259.329">§259.329</num><heading>Dormitories</heading><content>Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets, lavatories, and may include showers.</content><note type="source"><p>Source Note: The provisions of this §259.329 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.330"><num value="259.330">§259.330</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day room space. Separation cells, violent cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall accommodate no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; a sufficient number of toilets, lavatories, and showers as approved by the Commission, mirrors, seating, and tables. A utility sink should be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the day room.</content><note type="source"><p>Source Note: The provisions of this §259.330 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective May 3, 2000, 25 TexReg 3792.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.331"><num value="259.331">§259.331</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §259.331 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.332"><num value="259.332">§259.332</num><heading>Safety Vestibules</heading><content>Safety vestibules shall be provided for each inmate housing area and day room used for confinement of three or more inmates. No more than four living areas shall be served by one vestibule. All entrances through the security perimeter from administrative and/or public areas shall be provided with a safety vestibule.(1) Safety vestibules shall have one or more interior doors and a main entrance door.(2) Interior doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule.(3) Where doors have an interlocking security feature, provisions shall be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §259.332 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.333"><num value="259.333">§259.333</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than 2' 3" wide and 6' 3" long.(b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. In direct supervision living areas, they shall be constructed in such manner and of such material so as to resist vandalism. Based on design capacity, each cell and day room shall provide 1 toilet and lavatory capable of providing drinking water for each group or increment of 8 inmates.(c) Showers. Shower areas shall be not less than 2' 6" square per showerhead and not less than 7' 0" high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than 2' 6" square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each day room, unless otherwise approved by the Commission, shall provide 1 shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and seating in direct supervision day rooms are not required to be anchored. Tables and benches shall be not less than 12" wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12" in diameter. Seating height of 17" to 19" shall be provided.(e) Privacy Shields. Inmate toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be equipped to restrict viewing from persons outside the cell and staff areas in direct supervision designs. Privacy shields shall extend from about 15" above the finished floor to about 5' high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells.</content><note type="source"><p>Source Note: The provisions of this §259.333 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective October 8, 2013, 38 TexReg 6924.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.334"><num value="259.334">§259.334</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Exterior and interior walls within inmate housing and activity areas shall be constructed as follows:(1) Exterior walls:(A) a minimum 8" concrete block vertically reinforced by #3 bars 8" on center and all cells filled with 2,500 psi grout; or(B) a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way; or(C) a minimum 3/16" thick steel plate.(2) Interior walls:(A) a minimum 6" concrete block vertically reinforced by #3 bars 8" on center and all cells filled with 2,500 psi grout; or(B) a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way; or(C) a minimum 3/16" thick steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for exterior and interior wall construction.</content><note type="source"><p>Source Note: The provisions of this §259.334 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.335"><num value="259.335">§259.335</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §259.335 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.336"><num value="259.336">§259.336</num><heading>Ceilings</heading><content>Ceilings within inmate housing areas shall be constructed of a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way or a minimum 10 gauge steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for ceiling construction.</content><note type="source"><p>Source Note: The provisions of this §259.336 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.337"><num value="259.337">§259.337</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §259.337 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.338"><num value="259.338">§259.338</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in inmate occupied areas shall be commensurate with the security of the walls. Windows or skylights should be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.338 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.339"><num value="259.339">§259.339</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved. Vent grilles shall be securely anchored.</content><note type="source"><p>Source Note: The provisions of this §259.339 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.340"><num value="259.340">§259.340</num><heading>Food Passes</heading><content>Food passes shall be provided and lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §259.340 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective October 8, 2013, 38 TexReg 6924.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.341"><num value="259.341">§259.341</num><heading>Detention Doors</heading><content>Doors may be of any material commensurate with the degree of security sought to be achieved. Doors shall be equipped with appropriate hardware and accessories to achieve the degree of security sought. All cell doors shall be not less than 28 inches in clear width and not less than six feet-eight inches high.</content><note type="source"><p>Source Note: The provisions of this §259.341 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.342"><num value="259.342">§259.342</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors and shall be placed to maintain a minimum of six inches between the leading edge of the door and the wall. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §259.342 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.343"><num value="259.343">§259.343</num><heading>Door Closers</heading><content>Door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §259.343 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.344"><num value="259.344">§259.344</num><heading>Keys and Locks</heading><content>Keys and locks for detention doors shall be manufactured especially for detention use and keys shall be mogul or paracentric type. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §259.344 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.345"><num value="259.345">§259.345</num><heading>Key Cabinets</heading><content>Key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §259.345 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.346"><num value="259.346">§259.346</num><heading>Power Operated Locks</heading><content>Power operated locks shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty, detention type door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §259.346 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.347"><num value="259.347">§259.347</num><heading>Remote Controls</heading><content>Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §259.347 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.348"><num value="259.348">§259.348</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §259.348 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.349"><num value="259.349">§259.349</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks or vandal resistive screws commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §259.349 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.350"><num value="259.350">§259.350</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §259.350 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.351"><num value="259.351">§259.351</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §259.351 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.352"><num value="259.352">§259.352</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the International Plumbing Code, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas shall have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §259.352 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.353"><num value="259.353">§259.353</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water shall be provided within the security perimeter and administrative area.</content><note type="source"><p>Source Note: The provisions of this §259.353 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.354"><num value="259.354">§259.354</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections shall be provided in plumbing access space or corridors. Distance between hose connections shall not be more than 100 feet apart.</content><note type="source"><p>Source Note: The provisions of this §259.354 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.355"><num value="259.355">§259.355</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers shall be provided and securely anchored with vandal resistive screws.</content><note type="source"><p>Source Note: The provisions of this §259.355 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.356"><num value="259.356">§259.356</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. Security detention type lighting shall be provided in the inmate housing areas and vandal resistive lighting in inmate occupied areas. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §259.356 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.357"><num value="259.357">§259.357</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.357 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective January 1, 2014, 38 TexReg 9624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.358"><num value="259.358">§259.358</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §259.358 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scD/s259.359"><num value="259.359">§259.359</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §259.359 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scE"><num value="E">SUBCHAPTER E</num><heading>NEW MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.400"><num value="259.400">§259.400</num><heading>Facility Site</heading><content>The site shall be of sufficient size to provide for the immediate facility and a reasonable projected expansion. A buffer zone around the facility should be provided.</content><note type="source"><p>Source Note: The provisions of this §259.400 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.401"><num value="259.401">§259.401</num><heading>Facility Concept</heading><content>Minimum security facilities shall be designed only in conjunction with facilities which meet the requirements of Chapter 259, §§259.100-259.170 of this title (relating to Maximum Security Design) or §§261.100-261.171 of this title (relating to Existing Maximum Security Design). Inmates housed in minimum security facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Separation). Unlike jails or lockups for maximum custody and medium custody inmates, these facilities do not require stringent security measures. Maximum security spaces which are incorporated into the minimum security design shall meet the requirements of Chapter 259, §§259.100-259.170 of this title.</content><note type="source"><p>Source Note: The provisions of this §259.401 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective June 14, 1996, 21 TexReg 5001; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.402"><num value="259.402">§259.402</num><heading>Facility Security Requirements</heading><content>The facility need not be designed and maintained as a special security unit. It does not require a security perimeter. When built in conjunction with other jail or lockup functions, the integrity of the security perimeter of the higher security facility shall not be compromised.</content><note type="source"><p>Source Note: The provisions of this §259.402 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.403"><num value="259.403">§259.403</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms may be constructed of conventional construction materials. Consideration should be given to the use of quality durable materials.</content><note type="source"><p>Source Note: The provisions of this §259.403 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.404"><num value="259.404">§259.404</num><heading>Public Areas</heading><content>Public access to the building shall be through a main entrance. The public shall not have uncontrolled access to enter inmate areas. A public lobby or waiting area shall be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitor's articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §259.404 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.405"><num value="259.405">§259.405</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §259.405 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.406"><num value="259.406">§259.406</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the inmate housing areas. Evidence storage shall be provided within the system and located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.406 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.407"><num value="259.407">§259.407</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §259.407 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.408"><num value="259.408">§259.408</num><heading>Inmate Movement Into and Out of Facility</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §259.408 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.409"><num value="259.409">§259.409</num><heading>Inmate Movement inside Facility</heading><content>The design shall provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §259.409 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.410"><num value="259.410">§259.410</num><heading>Observation</heading><content>Inmate occupied areas shall be constructed to facilitate observation of inmates.</content><note type="source"><p>Source Note: The provisions of this §259.410 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.411"><num value="259.411">§259.411</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §259.411 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.412"><num value="259.412">§259.412</num><heading>Segregation</heading><content>(a) Systems shall provide separate cells and day rooms of varying capacities to provide adequate segregation of male and female inmates as required by Chapter 271 of this title (relating to Classification and Separation of Inmates).(b) Systems shall provide adequate single cells, separation cells, or holding cells, and may provide other special purpose cells.</content><note type="source"><p>Source Note: The provisions of this §259.412 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.413"><num value="259.413">§259.413</num><heading>Functions</heading><content>Minimum space allocations shall provide for the following.(1) Inmate reception:(A) reception and holding;(B) video taping and intoxilizer programs if such are to be performed in the facility.(2) Detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations.(3) Support/Services:(A) public areas;(B) administrative offices;(C) squad rooms;(D) food service;(E) laundry;(F) inmate commissary;(G) storage;(H) sanitation;(I) medical examination and treatment;(J) multipurpose rooms;(K) recreation and exercise;(L) inmate programs and activities;(M) counseling;(N) library.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §259.413 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective July 7, 2013, 38 TexReg 4189.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.414"><num value="259.414">§259.414</num><heading>Inmate Entrance</heading><content>The inmate entrance may be through a conventional vestibule into the receiving area. This entrance shall allow for passage of patient evacuation equipment. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §259.414 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.415"><num value="259.415">§259.415</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §259.415 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.416"><num value="259.416">§259.416</num><heading>Receiving Area</heading><content>Facilities shall have a receiving area. The receiving area shall be designed to readily permit the processing of inmates. Receiving areas shall be provided with access to drinking fountains and toilets.</content><note type="source"><p>Source Note: The provisions of this §259.416 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.417"><num value="259.417">§259.417</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Audible communications shall be provided between the inmate and visitor. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both visitors and inmates. A visiting area may be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for a direct passage of legal paper between inmates and attorneys at noncontact visitation.</content><note type="source"><p>Source Note: The provisions of this §259.417 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.418"><num value="259.418">§259.418</num><heading>Control Rooms/Jailer Stations</heading><content>A sufficient number of control rooms/jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories shall be in close proximity to control rooms and jailer stations.</content><note type="source"><p>Source Note: The provisions of this §259.418 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective July 7, 2013, 38 TexReg 4189.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.419"><num value="259.419">§259.419</num><heading>Kitchen</heading><content>A properly equipped kitchen of adequate size shall be provided within the system and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should reduce the possibility of slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §259.419 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.420"><num value="259.420">§259.420</num><heading>Dining Space</heading><content>Group dining may be provided and shall avoid concentrations of more than 96 inmates.</content><note type="source"><p>Source Note: The provisions of this §259.420 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.421"><num value="259.421">§259.421</num><heading>Laundry Facilities</heading><content>Space for a laundry commensurate to the size of the facility shall be provided within the system. The laundry shall be equipped with a sufficient number of washers and dryers to accommodate the anticipated laundry load. Adequate separate storage space shall be provided for both clean and soiled laundry and laundry supplies.</content><note type="source"><p>Source Note: The provisions of this §259.421 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.422"><num value="259.422">§259.422</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity shall be provided as follows:(1) Inmate property: two cubic feet per inmate, unless personal property will be maintained in another facility;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §259.422 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.423"><num value="259.423">§259.423</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment shall be provided within the security perimeter and administrative area. Sufficient broom and mop racks shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.423 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.424"><num value="259.424">§259.424</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.424 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective May 3, 1995, 20 TexReg 2865.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.425"><num value="259.425">§259.425</num><heading>Infirmary</heading><content>An infirmary should be provided for systems of 200 or more capacity and shall provide the following minimum components:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 gross square feet of floor space per bed;(7) at least 1 single occupancy, negative pressure cell;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of inmates in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §259.425 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.426"><num value="259.426">§259.426</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms having a minimum of 200 square feet of floor space each shall be provided for each increment of 100 inmates based on design capacity. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §259.426 adopted to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.427"><num value="259.427">§259.427</num><heading>Exercise Area</heading><content>One or more secure exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas shall be provided for exercise during inclement weather. Outdoor exercise areas should be covered with a security enclosure. Where outdoor exercise areas are not provided, facility design shall provide for access to sunlight. A toilet and drinking fountain shall be readily available. Exercise areas for facilities of less than 100 inmates based on design capacity shall not be less than 800 square feet. Exercise areas for larger facilities shall provide 15 square feet per inmate for the maximum number of inmates expected to use the space at 1 time, but not less than 1000 square feet for each exercise area. Each direct supervision housing area shall have an exercise area within close proximity which should be adjacent to the housing area.</content><note type="source"><p>Source Note: The provisions of this §259.427 adopted to be effective December 12, 1994, 19 TexReg 9376; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.428"><num value="259.428">§259.428</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §259.428 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.429"><num value="259.429">§259.429</num><heading>Dormitories</heading><content>Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets, lavatories, and may include showers.</content><note type="source"><p>Source Note: The provisions of this §259.429 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.430"><num value="259.430">§259.430</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall accommodate no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; a sufficient number of toilets, lavatories, and showers as approved by the Commission, mirrors, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.430 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective May 3, 2000, 25 TexReg 3793.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.431"><num value="259.431">§259.431</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §259.431 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.432"><num value="259.432">§259.432</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive. The mattress surface of the bunk shall measure not less than 2' 3" wide and 6' 3" long.(b) Toilets and Lavatories. Toilets and lavatories shall be provided in cells and day rooms. They may be conventional type. Based on design capacity, each cell and day room shall provide 1 toilet and lavatory capable of providing drinking water for each group or increment of 8 inmates.(c) Showers. Shower areas shall be not less than 2' 6" square per showerhead and not less than 7' 0" high. Construction should be of materials which resist the action of soap and water. Drying areas of not less than 2' 6" square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each day room, unless otherwise approved by the Commission, shall provide 1 shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive and reasonably remote from toilet areas. Tables and benches shall be not less than 12" wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12" in diameter. Seating height of 17" to 19" shall be provided.(e) Privacy Shields. Inmate toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be equipped to restrict viewing from persons outside the cell and staff areas in direct supervision designs. Privacy shields shall extend from about 15" above the finished floor to about 5' high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells.</content><note type="source"><p>Source Note: The provisions of this §259.432 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective October 8, 2013, 38 TexReg 6925.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.433"><num value="259.433">§259.433</num><heading>Walls</heading><content>Walls may be constructed of conventional construction materials and shall be designed to resist vandalism and facilitate ease of maintenance.</content><note type="source"><p>Source Note: The provisions of this §259.433 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.434"><num value="259.434">§259.434</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §259.434 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.435"><num value="259.435">§259.435</num><heading>Ceilings</heading><content>Ceilings should be constructed of material not easily damaged.</content><note type="source"><p>Source Note: The provisions of this §259.435 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.436"><num value="259.436">§259.436</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §259.436 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.437"><num value="259.437">§259.437</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. Windows or skylights should be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.437 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.438"><num value="259.438">§259.438</num><heading>Food Passes</heading><content>Food passes shall be provided and lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §259.438 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective October 8, 2013, 38 TexReg 6925.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.439"><num value="259.439">§259.439</num><heading>Doors</heading><content>Doors may be of any material commensurate with the degree of security sought to be achieved. Doors shall be equipped with appropriate hardware and accessories to achieve the degree of security sought. All cell doors shall be not less than 28 inches in clear width and not less than six feet-eight inches high.</content><note type="source"><p>Source Note: The provisions of this §259.439 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.440"><num value="259.440">§259.440</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors and shall be placed to maintain a minimum of six inches between the leading edge of the door and the wall. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §259.440 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.441"><num value="259.441">§259.441</num><heading>Door Closers</heading><content>Door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §259.441 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.442"><num value="259.442">§259.442</num><heading>Keys and Locks</heading><content>Conventional keys and locks may be used. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §259.442 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.443"><num value="259.443">§259.443</num><heading>Key Cabinets</heading><content>Key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §259.443 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.444"><num value="259.444">§259.444</num><heading>Power Operated Locks</heading><content>Power operated locks shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §259.444 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.445"><num value="259.445">§259.445</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §259.445 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.446"><num value="259.446">§259.446</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §259.446 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.447"><num value="259.447">§259.447</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §259.447 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.448"><num value="259.448">§259.448</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the International Plumbing, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas shall have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §259.448 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.449"><num value="259.449">§259.449</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.449 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.450"><num value="259.450">§259.450</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections shall be provided in plumbing access space or corridors. Distance between hose connections shall not be more than 100 feet apart.</content><note type="source"><p>Source Note: The provisions of this §259.450 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.451"><num value="259.451">§259.451</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located.</content><note type="source"><p>Source Note: The provisions of this §259.451 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.452"><num value="259.452">§259.452</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Inmates should be capable of controlling some lighting; override capability shall be provided. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §259.452 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.453"><num value="259.453">§259.453</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.453 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective January 1, 2014, 38 TexReg 9624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.454"><num value="259.454">§259.454</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §259.454 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scE/s259.455"><num value="259.455">§259.455</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §259.455 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scF"><num value="F">SUBCHAPTER F</num><heading>TEMPORARY HOUSING--TENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.500"><num value="259.500">§259.500</num><heading>Qualifications for Use</heading><content>(a) The commission may approve the use of tents for the temporary housing of inmates when a need is clearly identified by the sheriff and commissioners court. The county shall submit a plan to the commission for approval indicating long-range solutions with time frames for implementation.(b) The commission may approve the use of tents for temporary housing of inmates in connection with specific correctional programs which include work camps, wilderness camps, forestry camps, or boot camps. The county shall submit a plan outlining the specific correctional program and intended length of stay of inmates.</content><note type="source"><p>Source Note: The provisions of this §259.500 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.501"><num value="259.501">§259.501</num><heading>Time Period</heading><content>Tents used under authority of §259.500(a) of this title (relating to Qualifications for Use) shall not be used in excess of three years without review and approval by the commission.</content><note type="source"><p>Source Note: The provisions of this §259.501 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.502"><num value="259.502">§259.502</num><heading>Classification</heading><content>Inmates housed in tents shall be classified as minimum custody as required by Chapter 271 of this title (relating to Classification and Separation of Inmates) or assigned to the specific correctional programs.</content><note type="source"><p>Source Note: The provisions of this §259.502 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective May 3, 1995, 20 TexReg 2865; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.503"><num value="259.503">§259.503</num><heading>Compound Security</heading><content>A security perimeter should be provided around the tent compound area to deter inmate escapes and the introduction of contraband. Secure storage space shall be provided for disposition of weapons.</content><note type="source"><p>Source Note: The provisions of this §259.503 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.504"><num value="259.504">§259.504</num><heading>Construction Approval</heading><content>The county shall submit, for approval by the commission, drawings and specifications of the proposed tents in sufficient detail to demonstrate that the completed construction meets the requirements of §§259.500-259.522 of this title (relating to Temporary Housing).</content><note type="source"><p>Source Note: The provisions of this §259.504 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.505"><num value="259.505">§259.505</num><heading>Site Requirements</heading><content>The site shall be of sufficient size to provide for adequate spacing of tents and support structures to facilitate access of emergency and service vehicles and equipment. Site shall provide adequate drainage to maintain sanitary and safe conditions.</content><note type="source"><p>Source Note: The provisions of this §259.505 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.506"><num value="259.506">§259.506</num><heading>Construction Materials</heading><content>Tent fabric shall be of durable, waterproof, and fire-resistant material and shall be maintained in good condition. Tent supports shall be structurally sound and fire-resistant. Tent floors shall be constructed of fire-resistant solid material. Tent floors shall be raised or constructed to prevent site runoff water from entering tents. Tent construction shall incorporate measures which protect against the entrance and infestation of vermin.</content><note type="source"><p>Source Note: The provisions of this §259.506 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.507"><num value="259.507">§259.507</num><heading>Sleeping Areas</heading><content>Tents used for inmate sleeping areas shall provide a minimum of 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk.</content><note type="source"><p>Source Note: The provisions of this §259.507 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.508"><num value="259.508">§259.508</num><heading>Day Rooms</heading><content>All inmate living areas shall be provided with or allowed access to day rooms. Day rooms shall provide 40 square feet of clear floor space for one inmate plus 18 square feet of clear floor space for each additional inmate allowed access at a specific time. Day rooms may be contiguous with inmate sleeping areas.</content><note type="source"><p>Source Note: The provisions of this §259.508 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.509"><num value="259.509">§259.509</num><heading>Dimensions</heading><content>Minimum ridge height shall be seven feet above the floor. Distance between furnishings shall be three feet when used for exit path. Distance between tents shall be 16 feet, exclusive of any obstruction.</content><note type="source"><p>Source Note: The provisions of this §259.509 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.510"><num value="259.510">§259.510</num><heading>Capacity</heading><content>Maximum capacity of a tent shall not exceed 48 inmates.</content><note type="source"><p>Source Note: The provisions of this §259.510 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective October 23, 1995, 20 TexReg 8325.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.511"><num value="259.511">§259.511</num><heading>Tent Openings</heading><content>Entrances to tents shall be of adequate size to allow for passage of emergency medical equipment. Openings shall be capable of being fastened and provided with insect screens. Maximum distance from any point in a tent to an exit shall not exceed 50 feet.</content><note type="source"><p>Source Note: The provisions of this §259.511 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.512"><num value="259.512">§259.512</num><heading>Furnishings</heading><content>A fire-resistive bunk and mattress or cot not less than two feet three inches wide and six feet three inches long shall be provided for each inmate confined. Additional furnishings may be provided. Drinking water shall be provided in all inmate sleeping and day room areas. Day rooms shall be provided with fire-resistive table and seating to accommodate the number of inmates confined.</content><note type="source"><p>Source Note: The provisions of this §259.512 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.513"><num value="259.513">§259.513</num><heading>Storage</heading><content>Provisions shall be made for the storage of inmate property, uniforms, towels, bedding, linens, and janitorial supplies.</content><note type="source"><p>Source Note: The provisions of this §259.513 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.514"><num value="259.514">§259.514</num><heading>Jailer Stations</heading><content>Jailer stations shall be provided within sufficient proximity to inmate living and day room areas.</content><note type="source"><p>Source Note: The provisions of this §259.514 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective July 7, 2013, 38 TexReg 4190.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.515"><num value="259.515">§259.515</num><heading>Support Areas</heading><content>Provisions shall be made for inmate services and activities to include:(1) food service;(2) laundry;(3) medical examination and treatment;(4) recreation and exercise;(5) public and attorney visitation;(6) inmate programs, activities, counseling, and interviews;(7) telephone;(8) commissary;(9) correspondence;(10) religious services;(11) education; and(12) library.</content><note type="source"><p>Source Note: The provisions of this §259.515 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.516"><num value="259.516">§259.516</num><heading>Sanitary Facilities</heading><content>A shower, toilet, and lavatory, which are accessible at all times, shall be provided for each group or increment of 12 inmates. Warm water shall be provided at all lavatories and showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. Sanitary facilities should be within the inmate living and day room areas. Sanitary facilities shall be within reasonable proximity to inmate living and day room areas and accessible by walkways which are protected from inclement weather, or accessible by other means which will protect inmates from inclement weather. A separate toilet should be available for staff.</content><note type="source"><p>Source Note: The provisions of this §259.516 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.517"><num value="259.517">§259.517</num><heading>Temperature Control</heading><content>Reasonable temperature levels shall be maintained. Heating equipment, if provided, shall be approved in writing by local or state fire officials.</content><note type="source"><p>Source Note: The provisions of this §259.517 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.518"><num value="259.518">§259.518</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.518 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective May 3, 1995, 20 TexReg 2865.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.519"><num value="259.519">§259.519</num><heading>Life Safety Equipment</heading><content>(a) Self alarming smoke detectors shall be provided for each inmate living and day room area.(b) Plans and drills for emergencies shall be provided as required by §§263.40-263.42 of this title (relating to Life Safety).(c) Fire extinguishers of adequate number and type to meet NFPA 10 shall be provided at appropriate locations. Fire department connections in proximity to the tent as approved in writing by local fire official shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.519 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective December 12, 1994, 19 TexReg 9376.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.520"><num value="259.520">§259.520</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.520 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective January 1, 2014, 38 TexReg 9624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.521"><num value="259.521">§259.521</num><heading>Lighting</heading><content>Normal lighting sufficient for reading, writing, and other activities shall be provided in all inmate occupied areas. Night lights and emergency illumination shall be provided. Adequate exterior lighting shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.521 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scF/s259.522"><num value="259.522">§259.522</num><heading>Electrical Wiring</heading><content>All electrical wiring shall be in suitable conduit and comply with local electrical codes or the National Electric Code.</content><note type="source"><p>Source Note: The provisions of this §259.522 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scG"><num value="G">SUBCHAPTER G</num><heading>TEMPORARY HOUSING--BUILDINGS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.600"><num value="259.600">§259.600</num><heading>Qualifications for Use</heading><content>The commission may approve the use of buildings for the temporary housing of inmates when a need is clearly identified by the sheriff and commissioners court. The county shall submit a plan to the commission for approval indicating long-range solutions with time frames for implementation.</content><note type="source"><p>Source Note: The provisions of this §259.600 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.601"><num value="259.601">§259.601</num><heading>Time Period</heading><content>Buildings shall not be used in excess of three years without review and approval by the commission.</content><note type="source"><p>Source Note: The provisions of this §259.601 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.602"><num value="259.602">§259.602</num><heading>Classification and Segregation</heading><content>Systems shall provide separate cells and day rooms of capacities to provide adequate segregation of different classifications of male and female inmates as required by Chapter 271 of this title (relating to Classification and Separation of Inmates). Temporary buildings may house maximum, medium and minimum custody inmates.</content><note type="source"><p>Source Note: The provisions of this §259.602 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective May 3, 1995, 20 TexReg 2865; amended to be effective June 14, 1996, 21 TexReg 5001; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.603"><num value="259.603">§259.603</num><heading>Security Requirements</heading><content>(a) Buildings should protect inmates from one another, protect custodial personnel from inmates, and deter or prevent escapes. Separate secure storage space shall be provided for disposition of weapons.(b) A minimum security facility need not be designed and maintained as a special security unit. It does not require a security perimeter. When built in conjunction with other jail or lockup functions, the integrity of the security perimeter of the higher security facility shall not be compromised.(c) A security perimeter to restrict the movement of inmates and unauthorized persons and to prevent the introduction of contraband into the facility shall be maintained in medium and maximum security facilities. Safety vestibules shall be provided for each inmate living area and day room used for confinement of three or more inmates within a medium or maximum security facility.</content><note type="source"><p>Source Note: The provisions of this §259.603 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.604"><num value="259.604">§259.604</num><heading>Construction Approval</heading><content>The county shall submit, for approval by the commission, drawings and specifications of the proposed building construction in sufficient detail to demonstrate that the completed building construction meets the requirements of §§259.600-259.622 of this title (relating to Temporary Housing).</content><note type="source"><p>Source Note: The provisions of this §259.604 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.605"><num value="259.605">§259.605</num><heading>Site Requirements</heading><content>The site shall be of sufficient size for the buildings and to facilitate access of emergency and service vehicles and equipment. Site shall provide adequate drainage to maintain sanitary and safe conditions.</content><note type="source"><p>Source Note: The provisions of this §259.605 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.606"><num value="259.606">§259.606</num><heading>Construction Materials and Methods</heading><content>Buildings shall be designed, constructed, and maintained in a manner to provide a safe, sanitary, secure, and structurally sound environment. Class A finishes are required on exterior and interior surfaces. Floor drains should be provided at wet areas. Building construction shall incorporate measures which protect against the entrance and infestation of vermin.(1) Inmate housing areas and day rooms in minimum security facilities may be constructed of conventional construction materials. Plywood floors with a fire retardant, vinyl covering may be used for the building floor.(2) Inmate housing areas and day rooms in medium and maximum security facilities may be constructed of conventional construction materials which are comparable to metal, masonry, or concrete. The purpose of a particular wall or partition and the type of security sought to be achieved shall determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §259.606 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.607"><num value="259.607">§259.607</num><heading>Sleeping Areas</heading><content>Inmate sleeping areas shall provide a minimum of 40 square feet of clear floor space for the first bunk, plus 18 square feet of clear floor space for each additional bunk.</content><note type="source"><p>Source Note: The provisions of this §259.607 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.608"><num value="259.608">§259.608</num><heading>Day Rooms</heading><content>All inmate living areas shall be provided with or allowed access to day rooms. Day rooms shall provide 40 square feet of clear floor space for one inmate plus 18 square feet of clear floor space for each additional inmate allowed access at a specific time. Day rooms may be contiguous with inmate sleeping areas.</content><note type="source"><p>Source Note: The provisions of this §259.608 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.609"><num value="259.609">§259.609</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet six inches from wall to wall.</content><note type="source"><p>Source Note: The provisions of this §259.609 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.610"><num value="259.610">§259.610</num><heading>Capacity</heading><content>Maximum capacity of any living area shall not exceed 48 inmates.</content><note type="source"><p>Source Note: The provisions of this §259.610 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective October 23, 1995, 20 TexReg 8325.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.611"><num value="259.611">§259.611</num><heading>Openings</heading><content>All doors shall have commercial grade or detention hardware to provide the level of security sought to be achieved. All exit doors shall have a minimum width of 36 inches. Key override feature shall be available on all electric or mechanical locks. Maximum distance from any point in the building to an exit shall not exceed 150 feet. All swinging doors shall be installed to swing in the direction of exit traffic. Where provided, operable windows shall be equipped with insect screens. Adequate mechanical ventilation shall be provided when operable windows are not provided.</content><note type="source"><p>Source Note: The provisions of this §259.611 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.612"><num value="259.612">§259.612</num><heading>Furnishings</heading><content>A fire resistive bunk not less than 2 feet 3 inches wide and 6 feet 3 inches long with a fire resistive mattress shall be provided for each inmate confined. Additional furnishings may be provided. Drinking water shall be provided in all inmate sleeping and day room areas. Day rooms shall be provided with fire resistive table and seating to accommodate the number of inmates confined. Furnishings shall be securely anchored in all areas that house inmates other than minimum security, except direct supervision housing areas.</content><note type="source"><p>Source Note: The provisions of this §259.612 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.613"><num value="259.613">§259.613</num><heading>Storage</heading><content>Provisions shall be made for the storage of inmate property, uniforms, towels, bedding, linens, and janitorial supplies.</content><note type="source"><p>Source Note: The provisions of this §259.613 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.614"><num value="259.614">§259.614</num><heading>Jailer Stations</heading><content>Jailer stations shall be provided within sufficient proximity to inmate living and day room areas. They should be so arranged that visibility into the housing areas is provided.</content><note type="source"><p>Source Note: The provisions of this §259.614 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective July 7, 2013, 38 TexReg 4190.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.615"><num value="259.615">§259.615</num><heading>Support Areas</heading><content>Provisions shall be made for inmate services and activities to include:(1) food service;(2) laundry;(3) medical examination and treatment;(4) recreation and exercise;(5) public and attorney visitation;(6) inmate programs, activities, counseling, and interviews;(7) telephone;(8) commissary;(9) correspondence;(10) religious services;(11) education; and(12) library.</content><note type="source"><p>Source Note: The provisions of this §259.615 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.616"><num value="259.616">§259.616</num><heading>Sanitary Facilities</heading><content>A shower, toilet, and lavatory, which are accessible at all times, shall be provided for each group or increment of 12 inmates. In housing areas other than minimum security or direct supervision, showers, toilets, and lavatories shall be constructed in such manner and of such material so as to resist vandalism. Warm water shall be provided at all lavatories and showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. Sanitary facilities should be within the inmate living and day room areas. Sanitary facilities shall be within reasonable proximity to inmate living and day room areas and accessible by walkways which are covered or other means provided which will protect inmates from inclement weather. A separate toilet should be available for staff.</content><note type="source"><p>Source Note: The provisions of this §259.616 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.617"><num value="259.617">§259.617</num><heading>Temperature Control</heading><content>Temperature level shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §259.617 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.618"><num value="259.618">§259.618</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.618 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective May 3, 1995, 20 TexReg 2865.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.619"><num value="259.619">§259.619</num><heading>Life Safety</heading><content>(a) Provisions shall be made for the rapid removal of occupants by such reliable means as the remote control of doors or by keying all locks to keys readily available to jail staff who are continually on duty and have undergone emergency drills. There shall be not less than two exits on each floor as remote as practicable from one another. Travel distance between any point on the floor of the facility to an exit shall not exceed 150 feet. Travel distance between any room door and an exit may be increased by 50 feet in fully sprinklered facilities not to exceed 200 feet of total travel distance.(b) Access to exits shall be marked by readily visible signs at all locations where the exit is not readily visible from outer cell doors.(c) Interior stairways serving as emergency exits for new facilities and new additions shall be separated by a two-hour fire rated enclosure and self-closing fire doors.(d) Hazardous area protection shall be provided as required by §263.21 of this title (relating to Life Safety).(e) Self alarming smoke detectors or smoke detectors which are part of an automatic fire detection and alarm system shall be provided for each inmate living and day room area in sufficient numbers to provide prompt warning to occupants and staff. The alarm systems should be tested in accordance with the manufacturer's recommendation, but shall be tested at least on calendar quarterly intervals and test results made a matter of record to include date and results of test, and signature of the person testing the equipment.(f) Plans and drills for emergencies shall be provided as required by §§263.40-263.42 of this title (relating to Life Safety).(g) A manually operated or automatic smoke removal system shall be provided. (Exception: Single story minimum security facility buildings which provide direct exiting to the exterior of the building from the inmate living and day room areas and whose exit doors are incapable of being locked are not required to provide a smoke removal system.)(h) Fire extinguishers of adequate number and type to meet NFPA 10 shall be provided at appropriate locations. Fire department connections in proximity to the building as approved in writing by local fire official shall be provided. A standpipe and hose system with a one-inch non-collapsible or one and one-half inch collapsible hose utilizing a minimum of two inches domestic water system shall be provided.(i) All life safety equipment shall be out of reach of inmates, or otherwise secured from unauthorized tampering. At least one self-contained breathing apparatus shall be available and maintained in or near each facility control station. All jail staff shall be trained and quarterly drills conducted in the use of this equipment. A minimum of one unit shall be provided for each building or a multi-building facility. All life safety equipment shall be inspected, maintained, and tested by persons qualified to do so (whether under vendor contract, by state or private agency or otherwise) in order that such equipment shall be safe, secure, and fully operative at all times.(j) Records and reports shall be maintained as required by §263.70 and §263.71 of this title (relating to Life Safety).</content><note type="source"><p>Source Note: The provisions of this §259.619 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective December 12, 1994, 19 TexReg 9376; amended to be effective June 14, 1996, 21 TexReg 5001.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.620"><num value="259.620">§259.620</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.620 adopted to be effective April 28, 1994, 19 TexReg 2960; amended to be effective January 1, 2014, 38 TexReg 9624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.621"><num value="259.621">§259.621</num><heading>Lighting</heading><content>Normal lighting sufficient for reading, writing, and other activities shall be provided in all inmate occupied areas. Night lights and emergency illumination shall be provided. All corridors, passages to exits, discharging stairways, other means of egress, and exit signs shall be continuously illuminated. Adequate exterior lighting shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.621 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scG/s259.622"><num value="259.622">§259.622</num><heading>Electrical Power</heading><content>All electrical wiring shall be in a suitable conduit and comply with local electrical codes or the National Electrical Code. Emergency power shall be provided, as applicable, for electrical door locks, smoke detection, smoke removal, emergency lighting, communication, and ventilation. A non-automatic start generator system may be used.</content><note type="source"><p>Source Note: The provisions of this §259.622 adopted to be effective April 28, 1994, 19 TexReg 2960.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c259/scH"><num value="H">SUBCHAPTER H</num><heading>NEW LONG-TERM INCARCERATION DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.700"><num value="259.700">§259.700</num><heading>Facility Site</heading><content>The site shall be of sufficient size to provide for the immediate facility. A buffer zone around the facility shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.700 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.701"><num value="259.701">§259.701</num><heading>Facility Operation Concept</heading><content>The facility shall be planned to receive classified persons, allow for intake and release, and processing. Sufficient programmatic, activity and recreational space shall be planned to allow for generous out of cell time for inmates.</content><note type="source"><p>Source Note: The provisions of this §259.701 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.702"><num value="259.702">§259.702</num><heading>Facility Security Requirements</heading><content>Facility security shall be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes.</content><note type="source"><p>Source Note: The provisions of this §259.702 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.703"><num value="259.703">§259.703</num><heading>Special Security</heading><content>A facility shall be constructed and maintained as a special security unit. The integrity of the security perimeter shall not be compromised by other functions.</content><note type="source"><p>Source Note: The provisions of this §259.703 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.704"><num value="259.704">§259.704</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired shall determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §259.704 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.705"><num value="259.705">§259.705</num><heading>Public Areas</heading><content>Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area shall be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §259.705 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.706"><num value="259.706">§259.706</num><heading>Vision Into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §259.706 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.707"><num value="259.707">§259.707</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the inmate housing areas. Evidence storage shall be provided within the system and located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.707 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.708"><num value="259.708">§259.708</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §259.708 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.709"><num value="259.709">§259.709</num><heading>Arsenal</heading><content>An arsenal or secure storage area for weapons, ammunition, and tactical equipment shall be provided and shall be located outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §259.709 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.710"><num value="259.710">§259.710</num><heading>Inmate Movement Into and Out of Facility</heading><content>Construction should provide for movement of an inmate into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §259.710 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.711"><num value="259.711">§259.711</num><heading>Inmate Movement Inside Facility</heading><content>The design shall provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §259.711 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.712"><num value="259.712">§259.712</num><heading>Observation</heading><content>Inmate occupied areas shall be constructed to facilitate direct observation of inmates. The design shall allow observation into inmate living areas without requiring staff to enter inmate safety vestibules.</content><note type="source"><p>Source Note: The provisions of this §259.712 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.713"><num value="259.713">§259.713</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §259.713 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.714"><num value="259.714">§259.714</num><heading>Segregation</heading><content>(a) Systems shall provide separate cells and day rooms of varying capacities to provide adequate separation of different classifications of male and female inmates as required by Chapter 271 of this title (relating to Classification and Separation of Inmates).(b) Systems shall provide a minimum of 20 separation cells and a sufficient number of single cells with adjacent day rooms to accommodate a total of at least 10% of the capacity. Day rooms provided for these single cells shall be arranged to accommodate no more than 24 inmates.(c) The capacity of each cell and day room shall not exceed 20% of the system's capacity.(d) The total capacity of all dormitory space shall not exceed 40% of the system's capacity.</content><note type="source"><p>Source Note: The provisions of this §259.714 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.715"><num value="259.715">§259.715</num><heading>Functions</heading><content>Minimum space allocations shall provide for the following:(1) Intake and Release:(A) sally port;(B) reception and holding;(C) shakedown;(D) processing area;(E) identification;(F) dressing in and out;(G) staging area.(2) Detention:(A) housing;(B) separation;(C) visiting;(D) jailer stations.(3) Support/Services:(A) public areas;(B) administrative offices;(C) squad rooms;(D) food service;(E) laundry;(F) commissary;(G) storage;(H) sanitation;(I) medical examination and treatment;(J) multipurpose rooms;(K) recreation and exercise;(L) programs and activities;(M) counseling;(N) library.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required separation of the facility.</content><note type="source"><p>Source Note: The provisions of this §259.715 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective July 7, 2013, 38 TexReg 4190.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.716"><num value="259.716">§259.716</num><heading>Vehicular Sally Port</heading><content>A facility shall have a vehicular sally port located inside or abutting the building so that inmates may board or disembark from a vehicle. Space shall be sufficient to accommodate anticipated transportation vehicles. The sally port shall be secured with one or more entrance gates or doors capable of being opened, closed, locked, and unlocked from a continually staffed location. Means shall be provided for the identification of persons approaching the sally port.</content><note type="source"><p>Source Note: The provisions of this §259.716 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.717"><num value="259.717">§259.717</num><heading>Inmate Entrance</heading><content>The inmate entrance shall be from the vehicular sally port through a safety vestibule into the processing area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §259.717 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.718"><num value="259.718">§259.718</num><heading>Weapon Storage</heading><content>Separate, secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §259.718 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.719"><num value="259.719">§259.719</num><heading>Intake and Release Area</heading><content>Facilities shall have an intake and release area located inside the security perimeter, but away from the inmate housing areas. The intake and release area shall be designed to readily permit the processing of inmates. Intake and release areas shall be provided with access to drinking fountains and toilets.</content><note type="source"><p>Source Note: The provisions of this §259.719 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.720"><num value="259.720">§259.720</num><heading>Identification</heading><content>Space shall be provided for identification procedures for inmates.</content><note type="source"><p>Source Note: The provisions of this §259.720 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.721"><num value="259.721">§259.721</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas for inmates shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating shall be provided for both inmates and visitors. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for a direct passage of legal paper between inmates and attorneys at noncontact visitation.</content><note type="source"><p>Source Note: The provisions of this §259.721 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.722"><num value="259.722">§259.722</num><heading>Control Rooms/Jailer Stations</heading><content>A sufficient number of control rooms/jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories shall be located within the security perimeter and in close proximity to control rooms and jailer stations. The design shall allow access to control rooms without requiring staff to enter inmate safety vestibules or inmate activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.722 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591; amended to be effective July 7, 2013, 38 TexReg 4190.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.723"><num value="259.723">§259.723</num><heading>Perimeter Security</heading><content>An outside area fence shall be a minimum 12 foot high security fence. Fencing shall be installed within fence posts. The footing of the fence shall be sufficiently secured to preclude tunneling and hiding of contraband. When double security fences are utilized, they shall be separated by not less than ten feet. Guard towers and/or comparable electronic detection systems shall be utilized and towers shall be provided outside inmate occupied areas. Alternative design concepts are encouraged and comparable materials and methods approved by the commission may be utilized.</content><note type="source"><p>Source Note: The provisions of this §259.723 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.724"><num value="259.724">§259.724</num><heading>Kitchen</heading><content>A properly equipped kitchen of adequate size shall be provided within the system and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should reduce the possibility of slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §259.724 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.725"><num value="259.725">§259.725</num><heading>Dining Space</heading><content>Group dining may be provided and shall be adequate for the size of the facility.</content><note type="source"><p>Source Note: The provisions of this §259.725 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.726"><num value="259.726">§259.726</num><heading>Laundry Facilities</heading><content>Space for a laundry commensurate to the size of the facility shall be provided within the system. The laundry shall be equipped with a sufficient number of washers and dryers to accommodate the anticipated laundry load. Adequate, separate storage space shall be provided for both clean and soiled laundry and laundry supplies.</content><note type="source"><p>Source Note: The provisions of this §259.726 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.727"><num value="259.727">§259.727</num><heading>Commissary</heading><content>Space appropriate to capacity of the facility shall be provided for an inmate commissary.</content><note type="source"><p>Source Note: The provisions of this §259.727 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.728"><num value="259.728">§259.728</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity shall be provided as follows:(1) Inmate property: 2 cubic feet per inmate;(2) Inmate uniforms and linens: 3 cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of 5 1/4 cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §259.728 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.729"><num value="259.729">§259.729</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment shall be provided within the security perimeter and administrative area. Sufficient broom and mop racks shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.729 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.730"><num value="259.730">§259.730</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment shall be provided for medical examination, treatment, and convalescent care. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §259.730 adopted to be effective September 2, 1997, 22 TexReg 8405.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.731"><num value="259.731">§259.731</num><heading>Negative Pressure Cell</heading><content>A minimum of one negative pressure separation cell shall be provided with the following features and equipment.(1) Furnishings. Each cell shall be provided with one bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, and shower.(3) Cell Size. Cells shall contain not less than 80 gross square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §259.731 adopted to be effective September 2, 1997, 22 TexReg 8405; amended to be effective February 4, 1999, 24 TexReg 591.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.732"><num value="259.732">§259.732</num><heading>Infirmary</heading><content>An infirmary shall be provided with the following features and equipment:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 gross square feet of floor space per bed;(7) at least one single occupancy negative pressure cell;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a goose neck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of inmates in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §259.732 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.733"><num value="259.733">§259.733</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms having a minimum of 200 square feet of floor space each shall be provided for each increment of 100 inmates based on design capacity. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §259.733 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.734"><num value="259.734">§259.734</num><heading>Exercise Area</heading><content>One or more secure exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas shall be provided for exercise during inclement weather. Outdoor exercise areas should be covered with a security enclosure. Where outdoor exercise areas are not provided, facility design shall provide for access to sunlight. A toilet and drinking fountain shall be readily available. Exercise areas shall provide 15 square feet per inmate for the maximum number of inmates expected to use the space at one time, but not less than 1000 square feet for each exercise area. Exercise areas serving multiple inmates housed in segregation shall provide 15 square feet per inmate for the maximum number of inmates expected to use the space at one time, but not less than 500 square feet for each exercise area. Individual recreation areas serving a single inmate in segregation shall provide no less than 200 square feet for each exercise area. Each direct supervision housing area shall have an exercise area within close proximity which should be adjacent to the housing area.</content><note type="source"><p>Source Note: The provisions of this §259.734 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.735"><num value="259.735">§259.735</num><heading>Single Cells</heading><content>Single cells shall contain not less than 40 square feet of clear floor space. Each cell shall have one bunk, toilet, lavatory, table, and seat separate from the bunk.</content><note type="source"><p>Source Note: The provisions of this §259.735 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.736"><num value="259.736">§259.736</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §259.736 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.737"><num value="259.737">§259.737</num><heading>Dormitories</heading><content>Dormitories shall contain 9 to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets, lavatories, and may include showers. Dormitories with contiguous day rooms in direct supervision facilities may exceed 40% of the facility capacity.</content><note type="source"><p>Source Note: The provisions of this §259.737 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.738"><num value="259.738">§259.738</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day room space. Separation cells, violent cells, holding cells, detoxification cells, and medical cells are exempt from this requirement. Day rooms shall accommodate no more than 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first inmate plus 18 square feet of clear floor space for each additional inmate; a sufficient number of toilets, lavatories, and showers as approved by the Commission, mirrors, seating, and tables. Seating and table for at least one inmate may be provided in day rooms serving administrative segregation cells upon Commission approval. A utility sink should be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the day room.</content><note type="source"><p>Source Note: The provisions of this §259.738 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective December 22, 1999, 24 TexReg 11517; amended to be effective May 3, 2000, 25 TexReg 3793.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.739"><num value="259.739">§259.739</num><heading>Separation Cells</heading><content>Separation cells shall include the following features and equipment:(1) Furnishings. Each cell shall be provided with one bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell;(2) Plumbing. Cells shall be provided with a toilet, lavatory, and shower;(3) Cell Size. Cells shall contain not less than 40 square feet of clear floor space.</content><note type="source"><p>Source Note: The provisions of this §259.739 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.740"><num value="259.740">§259.740</num><heading>Holding Cells</heading><content>One or more holding cells shall be provided to hold inmates pending intake, processing, release, or other reason for temporary holding. An appropriate space shall be designated for staging inmates. Inmates shall not be held for more than 48 hours and the cell shall include the following features.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 17" to 19" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §259.740 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective May 3, 2000, 25 TexReg 3793.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.741"><num value="259.741">§259.741</num><heading>Detoxification Cells</heading><content>Any facility that anticipates the housing of intoxicated persons shall provide one or more detoxification cells for detention during the detoxification process. These cells shall include the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than 8" above the finished floor, not less than 2' 0" wide and shall extend the length of the cell.(2) Plumbing. Cells shall be provided with one or more vandal resistive flushing floor drains with outside controls, or detention type toilet and lavatory and vandal resistant floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water shall be provided.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from 1 to 8 inmates and shall contain not less than 40 square feet of floor space for the first inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §259.741 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.742"><num value="259.742">§259.742</num><heading>Violent Cells</heading><content>A facility may contain one or more single occupancy cells for the temporary holding of violent persons. Violent cells shall include the following features and equipment.(1) Furnishings. The cell shall be equipped with a minimum 2' 3" wide by 6' 3" long bench not more than 8" above the floor which abuts the wall and extends the length or width of the cell.(2) Plumbing. Flushing type floor drains with outside controls shall be provided.(3) Cell Size. Cell shall contain not less than 40 square feet of clear floor space.(4) Padding. Walls, floor, door and bench shall be completely covered with a material to protect the inmate from self injury. The type of material used to cover the walls, floor, door and bench shall be fire resistive and nontoxic.</content><note type="source"><p>Source Note: The provisions of this §259.742 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective December 22, 1999, 24 TexReg 11518.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.743"><num value="259.743">§259.743</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than 8 feet from finished floor to ceiling and 5 feet 6 inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than 4 feet wide.</content><note type="source"><p>Source Note: The provisions of this §259.743 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.744"><num value="259.744">§259.744</num><heading>Safety Vestibules</heading><content>Safety vestibules shall be provided for each inmate housing area and day room used for confinement of three or more inmates. No more than four cells shall be served by one vestibule. All entrances through the security perimeter from administrative and/or public areas shall be provided with a safety vestibule.(1) Safety vestibules shall have one or more interior doors and a main entrance door.(2) Interior doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule.(3) Where doors have an interlocking security feature, provisions shall be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §259.744 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.745"><num value="259.745">§259.745</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than 2' 3" wide and 6' 3" long.(b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in inmate occupied areas. In direct supervision living areas, they shall be constructed in such manner and of such material so as to resist vandalism. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of 8 inmates.(c) Showers. Shower areas shall be not less than 2' 6" square per showerhead and not less than 7' 0" high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than 2' 6" square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and seating in direct supervision day rooms are not required to be anchored. Tables and benches shall be not less than 12" wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12" in diameter. Seating height of 17" to 19" shall be provided.(e) Privacy Shields. Inmate toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be equipped to restrict viewing from persons outside the cell and staff areas in direct supervision designs. Privacy shields shall extend from about 15" above the finished floor to about 5' and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells.(g) Inmate Storage. Individual inmate storage shelving or trunks shall be constructed of fire resistive material and shall not impede the means of egress.</content><note type="source"><p>Source Note: The provisions of this §259.745 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective October 8, 2013, 38 TexReg 6925.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.746"><num value="259.746">§259.746</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Exterior and interior walls within inmate housing and activity areas shall be constructed as follows:(1) Exterior walls:(A) a minimum 8 inch concrete block vertically reinforced by #3 bars 8 inches on center and all cells filled with 2,500 psi grout; or(B) a minimum of 4 inch thick concrete plank reinforced with #4 bars 8 inches on center each way; or(C) a minimum 3/16 inch thick steel plate.(2) Interior walls:(A) a minimum 6 inch concrete block vertically reinforced by #3 bars 8 inches on center and all cells filled with 2,500 psi grout; or(B) a minimum 4 inch thick concrete plank reinforced with #4 bars 8 inches on center each way; or(C) a minimum 3/16 inch thick steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for exterior and interior wall construction.</content><note type="source"><p>Source Note: The provisions of this §259.746 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.747"><num value="259.747">§259.747</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §259.747 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.748"><num value="259.748">§259.748</num><heading>Ceilings</heading><content>Ceilings within inmate housing areas shall be constructed of a minimum 4" thick concrete plank reinforced with #4 bars 8" on center each way or a minimum 10 gauge steel plate. Innovative design concepts are encouraged and comparable materials and methods approved by the Commission may be utilized for ceiling construction.</content><note type="source"><p>Source Note: The provisions of this §259.748 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.749"><num value="259.749">§259.749</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §259.749 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.750"><num value="259.750">§259.750</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in inmate occupied areas shall be commensurate with the security of the walls. Windows or skylights should be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §259.750 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.751"><num value="259.751">§259.751</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved. Vent grilles shall be securely anchored.</content><note type="source"><p>Source Note: The provisions of this §259.751 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.752"><num value="259.752">§259.752</num><heading>Food Passes</heading><content>Food passes shall be provided and lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §259.752 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective October 8, 2013, 38 TexReg 6925.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.753"><num value="259.753">§259.753</num><heading>Detention Doors</heading><content>Hollow metal doors shall be constructed of 12 to 14 gauge steel inside the security perimeter. 18 gauge hollow metal doors may be used outside the security perimeter. Plate doors shall be constructed of material not less than 3/16 inches thick. The security quality of each detention door shall be determined by the level of security sought to be achieved. Detention doors shall be equipped with detention hardware and accessories. All cell doors shall be not less than 28 inches in clear width and not less than 6 feet 8 inches high.</content><note type="source"><p>Source Note: The provisions of this §259.753 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.754"><num value="259.754">§259.754</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors and shall be placed to maintain a minimum of 6 inches between the leading edge of the door and the wall. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §259.754 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.755"><num value="259.755">§259.755</num><heading>Door Closers</heading><content>Door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §259.755 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.756"><num value="259.756">§259.756</num><heading>Keys and Locks</heading><content>Keys and locks for detention doors shall be manufactured especially for detention use and keys shall be mogul or paracentric type. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §259.756 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.757"><num value="259.757">§259.757</num><heading>Key Cabinets</heading><content>Secured key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §259.757 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.758"><num value="259.758">§259.758</num><heading>Power Operated Locks</heading><content>Power operated locks shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty, detention type door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §259.758 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.759"><num value="259.759">§259.759</num><heading>Remote Controls</heading><content>Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §259.759 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.760"><num value="259.760">§259.760</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §259.760 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.761"><num value="259.761">§259.761</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks or vandal resistive screws commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §259.761 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.762"><num value="259.762">§259.762</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §259.762 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.763"><num value="259.763">§259.763</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §259.763 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.764"><num value="259.764">§259.764</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the International Plumbing Code, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Lavatories in court holding cells are not required to provide warm water. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas shall have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §259.764 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.765"><num value="259.765">§259.765</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water shall be provided within the security perimeter and administrative area.</content><note type="source"><p>Source Note: The provisions of this §259.765 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.766"><num value="259.766">§259.766</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections shall be provided in plumbing access space or corridors. Distance between hose connections shall not be more than 100 feet apart.</content><note type="source"><p>Source Note: The provisions of this §259.766 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.767"><num value="259.767">§259.767</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Floor drains may be provided in chases serving single and separation cells. Drain covers shall be provided and securely anchored with vandal resistive screws.</content><note type="source"><p>Source Note: The provisions of this §259.767 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.768"><num value="259.768">§259.768</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. Security detention type lighting shall be provided in inmate housing areas and vandal resistive lighting provided within inmate occupied areas. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §259.768 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.769"><num value="259.769">§259.769</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §259.769 adopted to be effective April 4, 1999, 24 TexReg 2355; amended to be effective January 1, 2014, 38 TexReg 9625.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.770"><num value="259.770">§259.770</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §259.770 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c259/scH/s259.771"><num value="259.771">§259.771</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §259.771 adopted to be effective April 4, 1999, 24 TexReg 2355.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c260"><num value="260">CHAPTER 260</num><heading>COUNTY CORRECTIONAL CENTERS</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c260/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL</heading><section identifier="/us/state/tx/tac/t37/p9/c260/scA/s260.1"><num value="260.1">§260.1</num><heading>Memorandum of Understanding</heading><content>The Community Justice Assistance Division of the Texas Department of Criminal Justice and the Texas Commission on Jail Standards adopt by reference a memorandum of understanding, which establishes the respective responsibilities in the certification of a county correctional center and the adoption of minimum standards for structural, life safety, and operational requirements of a county correctional center. Copies of the memorandum of understanding may be obtained from the commission.</content><note type="source"><p>Source Note: The provisions of this §260.1 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scA/s260.2"><num value="260.2">§260.2</num><heading>Operational Concept</heading><content>County correctional centers shall be operated as an integral part of the community justice plan endorsed by the Community Justice Council and approved by the district judges who manage the community supervision and corrections department and determined to be acceptable by the Community Justice Assistance Division of the Texas Department of Criminal Justice. The county correctional center shall be designed and operated for a specific target population of offenders. Management of the facility should be proactive rather than reactive and should rely on an enhanced ability to supervise offenders rather than structural barriers or electronic security devices.</content><note type="source"><p>Source Note: The provisions of this §260.2 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scA/s260.3"><num value="260.3">§260.3</num><heading>Operational Requirements</heading><content>A county correctional center funded by the Community Justice Assistance Division of the Texas Department of Criminal Justice shall operate in compliance with their residential services rules.</content><note type="source"><p>Source Note: The provisions of this §260.3 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scA/s260.4"><num value="260.4">§260.4</num><heading>Design Concepts</heading><content>Innovative concepts are encouraged to enhance the ability to operate a county correctional center with a proactive management style and to reduce problems of security and maintenance while creating a safe, sanitary, and secure environment for staff and offenders. The facility shall be structurally sound, fire resistive, and not connected to a building that is not fire resistive. Selection of housing arrangements, including single cells, multiple occupancy cells, or dormitories shall be based on the degree of security sought to be achieved. Facility design shall provide for support functions and equipment to insure safe, secure, and efficient operations.</content><note type="source"><p>Source Note: The provisions of this §260.4 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c260/scB"><num value="B">SUBCHAPTER B</num><heading>CCC DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.100"><num value="260.100">§260.100</num><heading>Facility Site</heading><content>The site shall be of sufficient size to provide for the immediate facility and a reasonable projected expansion. A buffer zone around the facility should be provided.</content><note type="source"><p>Source Note: The provisions of this §260.100 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.101"><num value="260.101">§260.101</num><heading>Facility Security Requirements</heading><content>Facility security shall be planned to protect offenders from one another, protect staff and visitors from offenders, and deter or prevent escapes. The level of security shall be commensurate with the degree of security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.101 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.102"><num value="260.102">§260.102</num><heading>Program Requirements</heading><content>Programs provided for offenders should be commensurate with the needs of the target population and in consultation with the director of the Community Supervision and Corrections Department, if funded by the Community Justice Assistance Division.</content><note type="source"><p>Source Note: The provisions of this §260.102 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.103"><num value="260.103">§260.103</num><heading>Special Security</heading><content>A facility shall be constructed and maintained as a special security unit. When built in conjunction with other jail or lockup functions, the integrity of the security perimeter of the higher security facility shall not be compromised.</content><note type="source"><p>Source Note: The provisions of this §260.103 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.104"><num value="260.104">§260.104</num><heading>Public Building</heading><content>A county correctional center shall not be located under, in, or on top of another building which has not been designed for the security level sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.104 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.105"><num value="260.105">§260.105</num><heading>Construction Materials</heading><content>Housing areas and day rooms shall be constructed of durable building materials commensurate with the degree of security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.105 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.106"><num value="260.106">§260.106</num><heading>Public Areas</heading><content>Public access shall be through a main entrance. Public access to the offender occupied areas shall be controlled. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §260.106 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.107"><num value="260.107">§260.107</num><heading>Vision into Offender Areas</heading><content>Design and construction shall preclude direct vision into offender occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §260.107 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.108"><num value="260.108">§260.108</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces shall be located outside the offender occupied areas.</content><note type="source"><p>Source Note: The provisions of this §260.108 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.109"><num value="260.109">§260.109</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §260.109 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.110"><num value="260.110">§260.110</num><heading>Observation</heading><content>Offender occupied areas shall be constructed to facilitate observation of offenders.</content><note type="source"><p>Source Note: The provisions of this §260.110 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.111"><num value="260.111">§260.111</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §260.111 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.112"><num value="260.112">§260.112</num><heading>Segregation</heading><content>The facility design shall provide adequate male/female segregation. Additional segregation should be provided for offenders of different risk/needs classifications.</content><note type="source"><p>Source Note: The provisions of this §260.112 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.113"><num value="260.113">§260.113</num><heading>Functions</heading><content>Minimum space allocations shall provide for the following:(1) Offender processing and reception.(2) Detention:(A) housing;(B) visiting; and(C) jailer stations.(3) Support/Services:(A) public areas;(B) administrative space;(C) food service;(D) laundry;(E) storage;(F) sanitation;(G) recreation and exercise;(H) offender programs and activities;(I) counseling and interviews;(J) medical exam.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, or sanitation of the facility.</content><note type="source"><p>Source Note: The provisions of this §260.113 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective July 7, 2013, 38 TexReg 4191.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.114"><num value="260.114">§260.114</num><heading>Offender Entrance</heading><content>Where appropriate to the security level, the offender entrance shall be through a safety vestibule into the processing area. A common entrance for offenders and the public may be utilized if appropriate with the security level of the facility. This entrance shall allow for passage of patient evacuation equipment. The entrance shall be designed and constructed to allow observation and identification of persons approaching the offender entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §260.114 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.115"><num value="260.115">§260.115</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §260.115 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.116"><num value="260.116">§260.116</num><heading>Offender Reception</heading><content>Facilities shall have an offender receiving area designed to readily permit the administrative processing of offenders. Receiving areas shall be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the receiving area to provide privacy and separation.</content><note type="source"><p>Source Note: The provisions of this §260.116 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.117"><num value="260.117">§260.117</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the offender and visitor. Provisions shall be made for disabled visitors and offenders. Seating shall be provided for both offenders and visitors.</content><note type="source"><p>Source Note: The provisions of this §260.117 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.118"><num value="260.118">§260.118</num><heading>Jailer Stations</heading><content>A sufficient number of jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories should be provided in close proximity to jailer stations.</content><note type="source"><p>Source Note: The provisions of this §260.118 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective July 7, 2013, 38 TexReg 4191.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.119"><num value="260.119">§260.119</num><heading>Kitchen</heading><content>A kitchen of adequate size and properly equipped shall be provided within the system and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen shall not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth, washable, light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §260.119 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.120"><num value="260.120">§260.120</num><heading>Dining Space</heading><content>Group dining may be provided. Group dining should avoid concentrations of more than 24 offenders (48 for direct supervision).</content><note type="source"><p>Source Note: The provisions of this §260.120 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.121"><num value="260.121">§260.121</num><heading>Laundry Facilities</heading><content>Space for a laundry commensurate to the size of the facility shall be provided within the system. The laundry shall be equipped with a sufficient number of washers and dryers to accommodate the anticipated laundry load. Adequate, separate storage space shall be provided for both clean and soiled laundry and laundry supplies.</content><note type="source"><p>Source Note: The provisions of this §260.121 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.122"><num value="260.122">§260.122</num><heading>Commissary</heading><content>Space appropriate to capacity of the facility should be provided for an offender commissary.</content><note type="source"><p>Source Note: The provisions of this §260.122 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.123"><num value="260.123">§260.123</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity shall be provided as follows:(1) Offender property: two cubic feet per offender;(2) Offender uniforms and linens: three cubic feet per offender;(3) Offender mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §260.123 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.124"><num value="260.124">§260.124</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment shall be provided within the security perimeter and administrative area. Sufficient broom and mop racks shall be provided.</content><note type="source"><p>Source Note: The provisions of this §260.124 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.125"><num value="260.125">§260.125</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §260.125 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective May 3, 1995, 20 TexReg 2866.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.126"><num value="260.126">§260.126</num><heading>Infirmary</heading><content>An infirmary should be provided for facilities of 200 or more capacity. When an infirmary is provided, the following minimum components shall be included:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 square feet of floor space per bed;(7) at least one single occupancy room or cell with 80 square feet of floor space;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of offenders in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §260.126 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.127"><num value="260.127">§260.127</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms having a minimum of 200 square feet of floor space each shall be provided for each increment of 100 offenders based on design capacity. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §260.127 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.128"><num value="260.128">§260.128</num><heading>Exercise Area</heading><content>One or more exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas shall be provided for exercise during inclement weather. A toilet and drinking fountain shall be readily available. Exercise areas for facilities of less than 100 offenders based on design capacity shall not be less than 800 square feet. Exercise areas for larger facilities shall provide 15 square feet per offender for the maximum number of offenders expected to use the space at one time, but not less than 1,000 square feet for each exercise area. Each direct supervision housing area shall have an exercise area within close proximity which should be adjacent to the housing area. Consideration shall be given to the requirement for offenders to be allowed access to sunlight for one hour per week after ten days confinement.</content><note type="source"><p>Source Note: The provisions of this §260.128 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.129"><num value="260.129">§260.129</num><heading>Single Cells</heading><content>Single cells shall contain not less than 40 square feet of clear floor space. Each cell shall have one bunk, toilet, lavatory, table, and seat separate from the bunk.</content><note type="source"><p>Source Note: The provisions of this §260.129 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.130"><num value="260.130">§260.130</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §260.130 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.131"><num value="260.131">§260.131</num><heading>Dormitories</heading><content>Dormitories shall contain nine to 48 bunks. Dormitories shall contain not less than 40 square feet of clear floor space for the first bunk plus 18 square feet of clear floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories.</content><note type="source"><p>Source Note: The provisions of this §260.131 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective October 23, 1995, 20 TexReg 8326.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.132"><num value="260.132">§260.132</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 48 offenders. Based on the design capacity of the cells served, the day rooms shall contain: not less than 40 square feet of clear floor space for the first offender plus 18 square feet of clear floor space for each additional offender; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with offender living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles should be individually controlled outside of the cell.</content><note type="source"><p>Source Note: The provisions of this §260.132 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective October 23, 1995, 20 TexReg 8326.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.133"><num value="260.133">§260.133</num><heading>Separation Cells</heading><content>Separation cells shall include the following features and equipment.(1) Furnishings. Each cell shall be provided with one bunk, mirror, table, and seat separate from the bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection shall be provided. Power to receptacles shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain.(3) Cell Size. Cells shall contain not less than 40 square feet of clear floor space.</content><note type="source"><p>Source Note: The provisions of this §260.133 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.134"><num value="260.134">§260.134</num><heading>Holding Cells</heading><content>One or more holding cells should be provided to hold offenders during processing, housing assignment, discharge, or other reason for temporary housing. Holding cells shall contain the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 16 inches to 20 inches above the finished floor and not less than 12 inches wide. Seating shall be sufficient to provide not less than 24 linear inches per offender at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of offenders to be confined at any one time. Cells shall be constructed to house from one to 24 offenders and shall contain not less than 40 square feet of floor space for one offender and 18 square feet of floor space for each additional offender to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §260.134 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.135"><num value="260.135">§260.135</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §260.135 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.136"><num value="260.136">§260.136</num><heading>Safety Vestibules</heading><content>(a) Safety vestibules, where provided, shall:(1) have one or more interior doors and a main entrance door;(2) be arranged to be locked and unlocked by control means located outside of the offender living area and safety vestibule.(b) Effective September 1, 1983, where doors have an interlocking security feature, provisions shall be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §260.136 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.137"><num value="260.137">§260.137</num><heading>Furnishings for Offender Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long.(b) Toilets and Lavatories. Toilets and lavatories shall be provided in cells and day rooms. Based on degree of security sought to be achieved, they may be conventional type. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of eight offenders.(c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 offenders.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive and reasonably remote from toilet areas. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 16 inches to 20 inches shall be provided.(e) Privacy Shields. Offender toilet and shower areas in dormitories, multiple occupancy cells, single occupancy cells, holding cells, and day rooms shall be equipped to restrict viewing from persons outside the cell and staff areas in direct supervision designs. Privacy shields shall extend from about 15 inches above the finished floor to about four feet-six inches high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in day rooms and separation cells.(g) Additional Furnishings. Shelves, clothes hooks, and lockers for offenders' personal belongings should be provided.</content><note type="source"><p>Source Note: The provisions of this §260.137 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective October 8, 2013, 38 TexReg 6926.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.138"><num value="260.138">§260.138</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Walls shall be constructed for the degree of security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.138 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.139"><num value="260.139">§260.139</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface shall be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §260.139 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.140"><num value="260.140">§260.140</num><heading>Ceilings</heading><content>Ceilings within the security perimeter shall be constructed of material not easily damaged and shall be constructed for the degree of security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.140 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.141"><num value="260.141">§260.141</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §260.141 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.142"><num value="260.142">§260.142</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in offender occupied areas shall be commensurate with the degree of security sought to be achieved. Windows or skylights should be provided in offender living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §260.142 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.143"><num value="260.143">§260.143</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.143 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.144"><num value="260.144">§260.144</num><heading>Food Passes</heading><content>Food passes shall be provided and lockable shutters should be provided to prevent passage of contraband where appropriate.</content><note type="source"><p>Source Note: The provisions of this §260.144 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective October 8, 2013, 38 TexReg 6926.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.145"><num value="260.145">§260.145</num><heading>Detention Doors</heading><content>Doors may be of any material commensurate with the degree of security sought to be achieved. Doors shall be equipped with appropriate hardware and accessories to achieve the degree of security sought. All cell doors shall be not less than 28 inches clear width and not less than six feet-eight inches high.</content><note type="source"><p>Source Note: The provisions of this §260.145 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.146"><num value="260.146">§260.146</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors and shall be placed to maintain a minimum of six inches between the leading edge of the door and the wall. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §260.146 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.147"><num value="260.147">§260.147</num><heading>Door Closers</heading><content>Door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §260.147 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.148"><num value="260.148">§260.148</num><heading>Keys and Locks</heading><content>Keys and locks shall be commensurate with the degree of security sought to be achieved. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §260.148 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.149"><num value="260.149">§260.149</num><heading>Key Cabinets</heading><content>Key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §260.149 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.150"><num value="260.150">§260.150</num><heading>Power Operated Locks</heading><content>Power operated locks shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Door closers appropriate for the weight of the door should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §260.150 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.151"><num value="260.151">§260.151</num><heading>Remote Controls</heading><content>Remote controls, where provided, shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §260.151 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.152"><num value="260.152">§260.152</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §260.152 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.153"><num value="260.153">§260.153</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.153 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.154"><num value="260.154">§260.154</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §260.154 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.155"><num value="260.155">§260.155</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §260.155 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.156"><num value="260.156">§260.156</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water shall be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in offender occupied areas shall have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §260.156 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.157"><num value="260.157">§260.157</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water shall be provided.</content><note type="source"><p>Source Note: The provisions of this §260.157 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.158"><num value="260.158">§260.158</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections shall be provided in plumbing access space or corridors. Distance between hose connections shall not be more than 100 feet apart.</content><note type="source"><p>Source Note: The provisions of this §260.158 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.159"><num value="260.159">§260.159</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers shall be provided and secured for the degree of security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §260.159 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.160"><num value="260.160">§260.160</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of offenders. Offenders should be capable of controlling some lighting; override capability shall be provided. All lighting fixtures in cells and day rooms shall be in accordance with the security level sought to be achieved. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §260.160 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.161"><num value="260.161">§260.161</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between offenders and jailers, licensed peace officers, court bailiffs, or staff designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §260.161 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective January 1, 2014, 38 TexReg 9625.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.162"><num value="260.162">§260.162</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. View of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §260.162 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c260/scB/s260.163"><num value="260.163">§260.163</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities shall have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §260.163 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c261"><num value="261">CHAPTER 261</num><heading>EXISTING CONSTRUCTION RULES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c261/scA"><num value="A">SUBCHAPTER A</num><heading>EXISTING MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.100"><num value="261.100">§261.100</num><heading>Design Concepts</heading><content>The facility shall be structurally sound, fire resistive and not connected to a building that is not fire resistive and shall provide for adequate security and safety. Facility design shall provide for support functions and equipment to insure safe, secure, and efficient operations.</content><note type="source"><p>Source Note: The provisions of this §261.100 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.101"><num value="261.101">§261.101</num><heading>Facility Operation Concept</heading><content>The facility shall be planned to receive unclassified persons, hold pretrial and convicted persons, and allow for processing, classifying, and releasing persons at all times.</content><note type="source"><p>Source Note: The provisions of this §261.101 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.102"><num value="261.102">§261.102</num><heading>Facility Security Requirements</heading><content>Facility security shall be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes.</content><note type="source"><p>Source Note: The provisions of this §261.102 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.103"><num value="261.103">§261.103</num><heading>Special Security</heading><content>A facility shall be constructed and maintained as a special security unit. The integrity of the security perimeter shall not be compromised by other functions.</content><note type="source"><p>Source Note: The provisions of this §261.103 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.104"><num value="261.104">§261.104</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete or other comparable materials. The level of security desired should determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §261.104 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.105"><num value="261.105">§261.105</num><heading>Public Areas</heading><content>Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitor's articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §261.105 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.106"><num value="261.106">§261.106</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §261.106 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.107"><num value="261.107">§261.107</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces should be located outside the inmate housing areas. Evidence storage should not be located within the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §261.107 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.108"><num value="261.108">§261.108</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §261.108 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.109"><num value="261.109">§261.109</num><heading>Arsenal</heading><content>An arsenal or secure storage area for weapons and tactical equipment should be provided outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §261.109 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.110"><num value="261.110">§261.110</num><heading>Inmate Movement Into and Out of Facility</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §261.110 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.111"><num value="261.111">§261.111</num><heading>Inmate Movement inside Facility</heading><content>The design should provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §261.111 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.112"><num value="261.112">§261.112</num><heading>Observation</heading><content>Inmate occupied areas should be constructed to facilitate observation of inmates.</content><note type="source"><p>Source Note: The provisions of this §261.112 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.113"><num value="261.113">§261.113</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §261.113 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.114"><num value="261.114">§261.114</num><heading>Segregation</heading><content>Facility design shall provide adequate segregation facilities for segregation of different classifications of inmates, in accordance with the facility classification plan as required by Chapter 271 of this title (relating to Classification and Segregation of Inmates).</content><note type="source"><p>Source Note: The provisions of this §261.114 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.115"><num value="261.115">§261.115</num><heading>Functions</heading><content>Minimum space allocations should provide for, but not be limited to:(1) inmate processing:(A) sally port;(B) reception and holding;(C) shakedown;(D) booking;(E) identification;(F) dressing in and out;(G) video taping and intoxilizer programs if such are to be performed in the facility;(2) detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations;(3) support/services:(A) public areas;(B) administrative offices;(C) squad rooms;(D) food service;(E) laundry;(F) inmate commissary;(G) storage;(H) sanitation;(I) medical examination and treatment;(J) multipurpose rooms;(K) recreation and exercise;(L) inmate programs and activities;(M) counseling;(N) library.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §261.115 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective November 8, 1998, 23 TexReg 11165; amended to be effective July 7, 2013, 38 TexReg 4181.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.116"><num value="261.116">§261.116</num><heading>Vehicular Sally Port</heading><content>A facility should have a vehicular sally port located inside or abutting the building so that inmates may board or disembark from a vehicle. Space should be sufficient to accommodate anticipated transportation vehicles.</content><note type="source"><p>Source Note: The provisions of this §261.116 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.117"><num value="261.117">§261.117</num><heading>Inmate Entrance</heading><content>The inmate entrance should be from the vehicular sally port through a safety vestibule into the processing area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §261.117 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.118"><num value="261.118">§261.118</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §261.118 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.119"><num value="261.119">§261.119</num><heading>Processing Area</heading><content>Facilities shall have a processing area located inside the security perimeter, but away from the inmate housing areas. The processing area shall be designed to readily permit the booking, shakedown, identification, and dressing of inmates. A telephone shall be available for detainees' use. Processing areas should be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the booking area to provide privacy and separation of inmates.</content><note type="source"><p>Source Note: The provisions of this §261.119 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.120"><num value="261.120">§261.120</num><heading>Identification</heading><content>Space shall be provided for photographing, fingerprinting and identification procedures for inmates.</content><note type="source"><p>Source Note: The provisions of this §261.120 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.121"><num value="261.121">§261.121</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided and shall be designed to provide adequate visitation for the capacity of the facility. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the inmate and visitor. Visiting areas for maximum and medium custody inmates shall be designed to prevent passage of contraband. Provisions shall be made for disabled visitors and inmates. Seating should be provided for both inmates and visitors. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for passage of legal paper between inmates and attorneys.</content><note type="source"><p>Source Note: The provisions of this §261.121 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 27, 1995, 20 TexReg 10619; amended to be effective June 14, 1996, 21 TexReg 5003.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.122"><num value="261.122">§261.122</num><heading>Jailer Stations</heading><content>A sufficient number of jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories should be provided in close proximity to jailer stations.</content><note type="source"><p>Source Note: The provisions of this §261.122 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective July 7, 2013, 38 TexReg 4192.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.123"><num value="261.123">§261.123</num><heading>Kitchen</heading><content>A kitchen of adequate size and properly equipped shall be provided within the system and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen should not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth washable light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §261.123 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.124"><num value="261.124">§261.124</num><heading>Dining Space</heading><content>Group dining may be provided. Group dining should avoid concentrations of more than 24 inmates (48 for direct supervision).</content><note type="source"><p>Source Note: The provisions of this §261.124 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.125"><num value="261.125">§261.125</num><heading>Laundry Facilities</heading><content>A laundry, or an acceptable laundry vendor contract, or both, shall be maintained to provide clean clothing, bedding, and supplies. Adequate, separated storage space, commensurate with facility capacity, shall be provided for both clean and soiled laundry and laundry supplies. Where applicable, space shall be provided for washers, extractors and dryers. A toilet and lavatory should be provided nearby.</content><note type="source"><p>Source Note: The provisions of this §261.125 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.126"><num value="261.126">§261.126</num><heading>Commissary</heading><content>Space appropriate to the capacity of the facility should be provided for an inmate commissary, or a written program shall be established. (See Chapter 291 of this title (relating to Services and Activities)).</content><note type="source"><p>Source Note: The provisions of this §261.126 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.127"><num value="261.127">§261.127</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity should be provided as follows:(1) Inmate property; two cubic feet per inmate;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §261.127 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.128"><num value="261.128">§261.128</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment should be provided within the security perimeter and administrative area. Sufficient broom and mop racks should be provided.</content><note type="source"><p>Source Note: The provisions of this §261.128 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.129"><num value="261.129">§261.129</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §261.129 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective May 3, 1995, 20 TexReg 2866.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.130"><num value="261.130">§261.130</num><heading>Infirmary</heading><content>An infirmary should be provided for facilities of 200 or more capacity. When an infirmary is provided, the following minimum components shall be included:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 square feet of floor space per bed;(7) at least one single occupancy room or cell with 80 square feet of floor space;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of inmates in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §261.130 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.131"><num value="261.131">§261.131</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms should be provided. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §261.131 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.132"><num value="261.132">§261.132</num><heading>Exercise Area</heading><content>One or more secure exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas should be provided for exercise during inclement weather. Outdoor exercise areas should be covered with a security enclosure. A toilet and drinking fountain should be readily available. Consideration shall be given to the requirement for inmates to be allowed access to sunlight for one hour per week after ten days confinement.</content><note type="source"><p>Source Note: The provisions of this §261.132 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.133"><num value="261.133">§261.133</num><heading>Single Cells</heading><content>Single cells shall not be less than eight feet high from finished floor to ceiling and not less than five feet wide from wall to wall. They shall contain not less than 40 square feet of floor space. They shall have one bunk, toilet, lavatory, table, and seat. Single cells should comprise at least 50% of the total inmate capacity of the facility, but in no event shall comprise less than 30% of the total capacity of the facility.</content><note type="source"><p>Source Note: The provisions of this §261.133 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.134"><num value="261.134">§261.134</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §261.134 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.135"><num value="261.135">§261.135</num><heading>Dormitories</heading><content>Dormitories shall contain nine to 24 bunks, except direct supervision dormitories which may contain up to 48 bunks. Dormitories shall contain not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories. Not more than 40% of the inmate capacity of the facility shall be designed for dormitories.</content><note type="source"><p>Source Note: The provisions of this §261.135 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.136"><num value="261.136">§261.136</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, detoxification cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 24 inmates, except direct supervision day rooms may be designed for up to 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain not less than 40 square feet of floor space for the first inmate plus 18 square feet of floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles should be individually controlled outside of the cell.</content><note type="source"><p>Source Note: The provisions of this §261.136 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.137"><num value="261.137">§261.137</num><heading>Separation Cells</heading><content>A facility shall have one or more single occupancy separation cells which shall include the following features and equipment.(1) Furnishings. Each cell shall be provided with a table, seat, mirror and bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles, when provided, shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain.(3) Cell Size. Cells shall contain not less than 40 square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §261.137 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.138"><num value="261.138">§261.138</num><heading>Holding Cells</heading><content>(a) One or more holding cells should be provided to hold inmates pending booking, court appearance, identification, housing assignment, discharge, or other reason for temporary housing. Inmates shall not be held for more than 48 hours and the cell shall include the following features.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14" to 18" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity;(2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains;(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 inmate and 18 square feet of floor space for each additional inmate to be confined;(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned;(5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise.(b) Remote Court Holding Cells. Holding cells that are separate from the facility and utilized for direct court holding, processing, or for inmates awaiting trial shall include the following features and equipment:(1) Seating. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity;(2) Plumbing. Cells shall be provided with adequate toilets, and lavatories capable of providing drinking water. Floor drains should be provided;(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 inmate and 18 square feet of floor space for each additional inmate to be confined;(4) Surfaces. Floor, wall, and ceiling material should be durable and easily cleaned;(5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise;(6) Smoke Detection. Smoke detection capability shall be provided. The alarm shall enunciate at a staffed location in close proximity to the cell. Additional life safety items shall be compatible with the remainder of the building;(7) Audible Communication. Audible communications shall be provided.</content><note type="source"><p>Source Note: The provisions of this §261.138 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective August 16, 1996, 21 TexReg 7565; amended to be effective May 3, 2000, 25 TexReg 3794.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.139"><num value="261.139">§261.139</num><heading>Detoxification Cells</heading><content>Any facility that anticipates the housing of intoxicated persons should provide one or more detoxification cells for the detention of persons during the detoxification process. These cells shall include the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than eight inches above the finished floor.(2) Plumbing. Cells should be provided with one or more vandal resistive flushing floor drains with outside controls, or vandal resistive toilet, lavatory, and standard floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water should be provided.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from one to 12 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §261.139 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.140"><num value="261.140">§261.140</num><heading>Violent Cells</heading><content>A facility may contain one or more single occupancy cells for the temporary holding of violent persons. Violent cells shall include the following features and equipment.(1) Furnishings. The cell shall be equipped with a hammock, not less than two feet-three inches wide and six feet-three inches long, made of an elastic or fibrous fabric. A bench abutting the wall, the length or width of the cell, at least two feet-three inches wide and six feet-three inches long and not more than eight inches above the floor may be provided in lieu of a hammock.(2) Plumbing. Flushing type floor drains with outside controls shall be provided.(3) Cell Size. Cell shall contain not less than 40 square feet of floor space.(4) Padding. Walls, floor and bench shall be completely covered with a material to protect the inmate from self injury. The type of material used to cover the walls, floor, and bench shall be fire resistive and nontoxic.</content><note type="source"><p>Source Note: The provisions of this §261.140 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.141"><num value="261.141">§261.141</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §261.141 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.142"><num value="261.142">§261.142</num><heading>Safety Vestibules</heading><content>Safety vestibules shall be provided for each inmate living area and day room used for confinement of three or more inmates.(1) Safety vestibules shall have one or more interior doors and a main entrance door.(2) Doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule.(3) Where doors have an interlocking security feature, provisions should be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §261.142 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.143"><num value="261.143">§261.143</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long.(b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. In direct supervision living areas, they shall be constructed in such manner and of such material so as to resist vandalism. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of 12 inmates.(c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and seating in direct supervision day rooms are not required to be anchored. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 14 inches to 18 inches shall be provided.(e) Privacy Shields. Inmate toilet areas in holding cells shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields should extend from about 15 inches above the finished floor to about four feet-six inches high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in separation cells.</content><note type="source"><p>Source Note: The provisions of this §261.143 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.144"><num value="261.144">§261.144</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Walls shall be constructed with due consideration to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §261.144 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.145"><num value="261.145">§261.145</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface should be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §261.145 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.146"><num value="261.146">§261.146</num><heading>Ceilings</heading><content>Ceilings within the security perimeter shall be constructed of material not easily damaged and shall be commensurate with the security level of the adjacent walls.</content><note type="source"><p>Source Note: The provisions of this §261.146 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.147"><num value="261.147">§261.147</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §261.147 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.148"><num value="261.148">§261.148</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in inmate occupied areas shall be commensurate with the security of the walls. Windows or skylights should be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §261.148 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.149"><num value="261.149">§261.149</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved. Vent grilles shall be securely anchored.</content><note type="source"><p>Source Note: The provisions of this §261.149 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.150"><num value="261.150">§261.150</num><heading>Food Passes</heading><content>Food passes should not be less than 15 inches wide and four and one-half inches high. Lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §261.150 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.151"><num value="261.151">§261.151</num><heading>Detention Doors</heading><content>Hollow metal doors shall be constructed of 12 to 14 gauge steel inside the security perimeter. Eighteen gauge hollow metal doors may be used outside the security perimeter. Plate doors shall be constructed of material not less than 3/16 inch thick. The security quality of each detention door shall be determined by the level of security sought to be achieved. Detention doors shall be equipped with detention hardware and accessories.</content><note type="source"><p>Source Note: The provisions of this §261.151 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.152"><num value="261.152">§261.152</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §261.152 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.153"><num value="261.153">§261.153</num><heading>Door Closers</heading><content>Where used, door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §261.153 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.154"><num value="261.154">§261.154</num><heading>Keys and Locks</heading><content>Keys and locks for detention doors shall be manufactured especially for detention use and shall be commensurate with the security sought to be achieved. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §261.154 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.155"><num value="261.155">§261.155</num><heading>Key Cabinets</heading><content>Secured key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §261.155 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.156"><num value="261.156">§261.156</num><heading>Power Operated Locks</heading><content>Power operated locks, where used, shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty detention type door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §261.156 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.157"><num value="261.157">§261.157</num><heading>Remote Controls</heading><content>Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls should be secure.</content><note type="source"><p>Source Note: The provisions of this §261.157 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.158"><num value="261.158">§261.158</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §261.158 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.159"><num value="261.159">§261.159</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §261.159 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.160"><num value="261.160">§261.160</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §261.160 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.161"><num value="261.161">§261.161</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §261.161 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.162"><num value="261.162">§261.162</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water should be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas should have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §261.162 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.163"><num value="261.163">§261.163</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water should be provided within the security perimeter and administrative area.</content><note type="source"><p>Source Note: The provisions of this §261.163 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.164"><num value="261.164">§261.164</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections should be provided in plumbing access space or corridors.</content><note type="source"><p>Source Note: The provisions of this §261.164 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.165"><num value="261.165">§261.165</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers should be provided and securely anchored with vandal proof screws.</content><note type="source"><p>Source Note: The provisions of this §261.165 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.166"><num value="261.166">§261.166</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. All lighting fixtures in cells and day rooms shall be detention type. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §261.166 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.167"><num value="261.167">§261.167</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers.</content><note type="source"><p>Source Note: The provisions of this §261.167 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 22, 2020, 45 TexReg 9230.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.168"><num value="261.168">§261.168</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. Closed circuit television monitoring of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §261.168 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.169"><num value="261.169">§261.169</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities should have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §261.169 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.170"><num value="261.170">§261.170</num><heading>Emergency Electrical Power</heading><content>An emergency electrical power system for quick recovery to maintain essential services, security, and safety should be provided to meet the life safety requirements as required by Chapter 263 of this title (relating to Life Safety). If installed, such system shall be tested operationally not less than weekly and a record kept of this testing.</content><note type="source"><p>Source Note: The provisions of this §261.170 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scA/s261.171"><num value="261.171">§261.171</num><heading>Applicability</heading><content>The provisions of this section apply only to facilities existing and being operated as county facilities on December 23, 1976.</content><note type="source"><p>Source Note: The provisions of this §261.171 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c261/scB"><num value="B">SUBCHAPTER B</num><heading>EXISTING LOCKUP DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.200"><num value="261.200">§261.200</num><heading>Lockup Operation Concept</heading><content>A facility shall be planned to receive unclassified persons, hold pretrial persons, and allow for processing, classifying, and releasing persons at all times. Inmates shall not be confined in a lockup in excess of 72 hours.</content><note type="source"><p>Source Note: The provisions of this §261.200 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.201"><num value="261.201">§261.201</num><heading>Lockup Facilities</heading><content>A facility shall consist of one or more single cells and may include multiple occupancy cells or dormitories.</content><note type="source"><p>Source Note: The provisions of this §261.201 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.202"><num value="261.202">§261.202</num><heading>Lockup Security Requirements</heading><content>Facility security should be planned to protect inmates from one another, protect staff and visitors from inmates, and deter or prevent escapes.</content><note type="source"><p>Source Note: The provisions of this §261.202 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.203"><num value="261.203">§261.203</num><heading>Special Security</heading><content>A facility shall be constructed and maintained as a special security unit. The integrity of the security perimeter shall not be compromised by other functions.</content><note type="source"><p>Source Note: The provisions of this §261.203 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.204"><num value="261.204">§261.204</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms shall be constructed of metal, masonry, concrete, or other comparable materials. The level of security desired should determine the selection of appropriate materials.</content><note type="source"><p>Source Note: The provisions of this §261.204 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.205"><num value="261.205">§261.205</num><heading>Public Areas</heading><content>Public areas shall be located outside the security perimeter. Public access to the security perimeter shall be controlled. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitor's articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §261.205 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.206"><num value="261.206">§261.206</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §261.206 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.207"><num value="261.207">§261.207</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces should be located outside the inmate housing areas. Evidence storage should not be located within the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §261.207 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.208"><num value="261.208">§261.208</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §261.208 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.209"><num value="261.209">§261.209</num><heading>Arsenal</heading><content>An arsenal or secure storage area for weapons and tactical equipment should be provided outside the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §261.209 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.210"><num value="261.210">§261.210</num><heading>Inmate Movement Into and Out of Lockup</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §261.210 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.211"><num value="261.211">§261.211</num><heading>Inmate Movement inside Lockup</heading><content>The design should provide for the orderly movement of inmates and services.</content><note type="source"><p>Source Note: The provisions of this §261.211 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.212"><num value="261.212">§261.212</num><heading>Observation</heading><content>Inmate occupied areas should be constructed to facilitate observation of inmates.</content><note type="source"><p>Source Note: The provisions of this §261.212 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.213"><num value="261.213">§261.213</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §261.213 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.214"><num value="261.214">§261.214</num><heading>Segregation</heading><content>Design shall provide adequate segregation facilities for segregation of different classifications of inmates in accordance with the facility classification plan as required by Chapter 271 of this title (relating to Classification and Separation).</content><note type="source"><p>Source Note: The provisions of this §261.214 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.215"><num value="261.215">§261.215</num><heading>Functions</heading><content>Minimum space allocations should provide for, but not be limited to:(1) inmate processing:(A) reception and holding;(B) shakedown;(C) booking;(D) identification;(E) dressing in and out;(F) video taping and intoxilizer programs if such are to be performed in the facility;(2) detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations;(3) support/services:(A) public areas;(B) administrative offices;(C) food service;(D) laundry;(E) storage;(F) sanitation.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §261.215 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective November 8, 1998, 23 TexReg 11165; amended to be effective July 7, 2013, 38 TexReg 4192.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.216"><num value="261.216">§261.216</num><heading>Vehicular Sally Port</heading><content>A facility may have a vehicular sally port. If provided, a sally port should be located inside or abutting the building so that inmates may board or disembark from a vehicle. Space should be sufficient to accommodate anticipated transportation vehicles.</content><note type="source"><p>Source Note: The provisions of this §261.216 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.217"><num value="261.217">§261.217</num><heading>Inmate Entrance</heading><content>The inmate entrance should be through a safety vestibule into the processing area. This entrance shall allow for passage of patient evacuation equipment between interlocking doors. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §261.217 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.218"><num value="261.218">§261.218</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §261.218 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.219"><num value="261.219">§261.219</num><heading>Processing Area</heading><content>Facilities shall have a processing area located inside the security perimeter. The processing area shall be designed to readily permit the booking, shakedown, identification, and dressing of inmates. A telephone shall be available for detainees' use. Processing areas should be provided with access to drinking fountains and toilets. Panels or partitions may be erected in the booking area to provide privacy and separation of inmates.</content><note type="source"><p>Source Note: The provisions of this §261.219 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.220"><num value="261.220">§261.220</num><heading>Identification</heading><content>Space shall be provided for identification procedures.</content><note type="source"><p>Source Note: The provisions of this §261.220 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.221"><num value="261.221">§261.221</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided. Visitation areas shall be designed for the degree of security sought to be achieved. Audible communications shall be provided between the visitor and inmate. Provisions shall be made for disabled visitors and inmates. Seating should be provided for both visitors and inmates. A secure visiting area should be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for passage of legal paper between inmates and attorneys.</content><note type="source"><p>Source Note: The provisions of this §261.221 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 27, 1995, 20 TexReg 10619.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.222"><num value="261.222">§261.222</num><heading>Jailer Stations</heading><content>A sufficient number of jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories should be provided in close proximity to jailer stations.</content><note type="source"><p>Source Note: The provisions of this §261.222 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective July 7, 2013, 38 TexReg 4192.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.223"><num value="261.223">§261.223</num><heading>Kitchen</heading><content>If food is to be prepared in the facility, a kitchen of adequate size and properly equipped shall be provided and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen should not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth washable light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §261.223 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.224"><num value="261.224">§261.224</num><heading>Dining Space</heading><content>Group dining may be provided. Group dining should avoid concentrations of more than 24 inmates (48 for direct supervision).</content><note type="source"><p>Source Note: The provisions of this §261.224 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.225"><num value="261.225">§261.225</num><heading>Laundry Facilities</heading><content>A laundry, or an acceptable laundry vendor, or both, shall be maintained to provide clean clothing, bedding, and supplies. Adequate, separate storage space, commensurate with facility capacity, shall be provided for both clean and soiled laundry and laundry supplies. Where applicable, space shall be provided for washers, extractors, and dryers. A toilet and lavatory should be provided nearby.</content><note type="source"><p>Source Note: The provisions of this §261.225 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.226"><num value="261.226">§261.226</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity should be provided as follows:(1) Inmate property; two cubic feet per inmate;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §261.226 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.227"><num value="261.227">§261.227</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment should be provided within the security perimeter and administrative area. Sufficient broom and mop racks should be provided.</content><note type="source"><p>Source Note: The provisions of this §261.227 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.228"><num value="261.228">§261.228</num><heading>Medical Storage Space</heading><content>Adequate, secure space for first aid equipment, medical supplies, and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §261.228 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.229"><num value="261.229">§261.229</num><heading>Single Cells</heading><content>Single cells shall not be less than eight feet high from finished floor to ceiling and not less than five feet wide from wall to wall. They shall contain not less than 40 square feet of floor space. They shall have one bunk, toilet, lavatory, table, and seat.</content><note type="source"><p>Source Note: The provisions of this §261.229 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.230"><num value="261.230">§261.230</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Cells shall contain table and seating if day room space is not provided.</content><note type="source"><p>Source Note: The provisions of this §261.230 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.231"><num value="261.231">§261.231</num><heading>Dormitories</heading><content>Dormitories shall contain nine to 24 bunks, except direct supervision dormitories which may contain up to 48 bunks. Dormitories shall contain not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories. Cells shall contain table and seating if day room space is not provided. Not more than 40% of the inmate capacity of the facility shall be designed for dormitories.</content><note type="source"><p>Source Note: The provisions of this §261.231 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.232"><num value="261.232">§261.232</num><heading>Day Rooms</heading><content>Single cells, multiple occupancy cells, and dormitories may be provided with day rooms. Day rooms shall be designed for no more than 24 inmates. Based on the design capacity of the cells served, the day rooms shall contain not less than 40 square feet of floor space for the first inmate plus 18 square feet of floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles should be individually controlled outside of the cell.</content><note type="source"><p>Source Note: The provisions of this §261.232 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.233"><num value="261.233">§261.233</num><heading>Separation Cells</heading><content>A facility may have one or more single occupancy separation cells which shall include the following features and equipment.(1) Furnishings. Each cell shall be provided with a table, seat, mirror and bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles, when provided, shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain.(3) Cell Size. Cells shall contain not less than 40 square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §261.233 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.234"><num value="261.234">§261.234</num><heading>Holding Cells</heading><content>One or more holding cells should be provided to hold inmates pending booking, court appearance, identification, housing assignment, discharge, or other reason for temporary housing. Holding cells shall contain the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14 inches to 18 inches above the finished floor and not less than 12 inches wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity.(2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from one to 24 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §261.234 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.235"><num value="261.235">§261.235</num><heading>Detoxification Cells</heading><content>A facility should provide one or more detoxification cells for the detention of persons during the detoxification process. These cells shall include the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than eight inches above the finished floor, not less than two feet wide and shall extend the length of the cell.(2) Plumbing. Cells shall be provided with one or more vandal resistive flushing floor drains with outside controls, or vandal resistive toilet, lavatory, and standard floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water shall be provided.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from one to 12 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §261.235 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.236"><num value="261.236">§261.236</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §261.236 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.237"><num value="261.237">§261.237</num><heading>Safety Vestibules</heading><content>Safety vestibules shall be provided for each inmate living area and day room used for confinement of three or more inmates.(1) Safety vestibules shall have one or more interior doors and a main entrance door.(2) Doors shall be arranged to be locked and unlocked by control means located outside of the inmate living area and safety vestibule.(3) Where doors have an interlocking security feature, provisions should be made for an override capability in the event an emergency requires both doors to be opened simultaneously.</content><note type="source"><p>Source Note: The provisions of this §261.237 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.238"><num value="261.238">§261.238</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive and securely anchored. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long.(b) Toilets and Lavatories. Detention type toilets and lavatories shall be provided in cells and day rooms. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of eight inmates.(c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction shall be of vandal resistive materials and should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive, securely anchored, and reasonably remote from toilet areas. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 14 inches to 18 inches shall be provided.(e) Privacy Shields. Inmate toilet areas in holding cells shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields should extend from about 15 inches above the finished floor to about four feet-six inches high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in separation cells.</content><note type="source"><p>Source Note: The provisions of this §261.238 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.239"><num value="261.239">§261.239</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance. Walls shall be constructed with due consideration to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §261.239 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.240"><num value="261.240">§261.240</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface should be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §261.240 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.241"><num value="261.241">§261.241</num><heading>Ceilings</heading><content>Ceilings within the security perimeter shall be constructed of material not easily damaged and shall be commensurate with the security level of the adjacent walls.</content><note type="source"><p>Source Note: The provisions of this §261.241 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.242"><num value="261.242">§261.242</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §261.242 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.243"><num value="261.243">§261.243</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. The security level of windows in inmate occupied areas shall be commensurate with the security of the walls. Windows or skylights may be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §261.243 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.244"><num value="261.244">§261.244</num><heading>Vent Grilles</heading><content>Vent grilles in walls and ceilings shall be commensurate with the security sought to be achieved. Vent grilles shall be securely anchored.</content><note type="source"><p>Source Note: The provisions of this §261.244 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.245"><num value="261.245">§261.245</num><heading>Food Passes</heading><content>Food passes should not be less than 15 inches wide and four and one-half inches high. Lockable shutters should be provided to prevent passage of contraband.</content><note type="source"><p>Source Note: The provisions of this §261.245 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.246"><num value="261.246">§261.246</num><heading>Detention Doors</heading><content>Hollow metal doors shall be constructed of 12 to 14 gauge steel inside the security perimeter. Eighteen gauge hollow metal doors may be used outside the security perimeter. Plate doors shall be constructed of material not less than 3/16 inch thick. The security quality of each detention door shall be determined by the level of security sought to be achieved. Detention doors shall be equipped with detention hardware and accessories.</content><note type="source"><p>Source Note: The provisions of this §261.246 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.247"><num value="261.247">§261.247</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §261.247 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.248"><num value="261.248">§261.248</num><heading>Door Closers</heading><content>Where used, door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §261.248 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.249"><num value="261.249">§261.249</num><heading>Keys and Locks</heading><content>Keys and locks for detention doors shall be manufactured especially for detention use and shall be commensurate with the security sought to be achieved. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §261.249 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.250"><num value="261.250">§261.250</num><heading>Key Cabinets</heading><content>Secured key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §261.250 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.251"><num value="261.251">§261.251</num><heading>Power Operated Locks</heading><content>Power operated locks, where used, shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Heavy-duty detention type door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §261.251 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.252"><num value="261.252">§261.252</num><heading>Remote Controls</heading><content>Doors to single cells, multiple occupancy cells, dormitories, and day rooms shall be capable of being locked and unlocked individually by control means located remote from the cell area. Single cells with contiguous day room and separation cells which open directly on an exiting corridor are exempt from this requirement. All remote door controls should be secure.</content><note type="source"><p>Source Note: The provisions of this §261.252 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.253"><num value="261.253">§261.253</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location.</content><note type="source"><p>Source Note: The provisions of this §261.253 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.254"><num value="261.254">§261.254</num><heading>Access Doors</heading><content>All plumbing and mechanical access doors and panels shall be constructed and secured with locks commensurate to the security sought to be achieved.</content><note type="source"><p>Source Note: The provisions of this §261.254 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.255"><num value="261.255">§261.255</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §261.255 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.256"><num value="261.256">§261.256</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §261.256 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.257"><num value="261.257">§261.257</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water should be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas should have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §261.257 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.258"><num value="261.258">§261.258</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water should be provided within the security perimeter and administrative area.</content><note type="source"><p>Source Note: The provisions of this §261.258 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.259"><num value="261.259">§261.259</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections should be provided in plumbing access space or corridors.</content><note type="source"><p>Source Note: The provisions of this §261.259 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.260"><num value="261.260">§261.260</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located. Drain covers should be provided and securely anchored with vandal proof screws.</content><note type="source"><p>Source Note: The provisions of this §261.260 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.261"><num value="261.261">§261.261</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Master light controls for cells and day rooms and electrical conduit shall be out of reach of inmates. Inmates should be capable of controlling some lighting; override capability shall be provided. All lighting fixtures in cells and day rooms shall be detention type. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §261.261 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.262"><num value="261.262">§261.262</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers.</content><note type="source"><p>Source Note: The provisions of this §261.262 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 22, 2020, 45 TexReg 9230.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.263"><num value="261.263">§261.263</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. Closed circuit television monitoring of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §261.263 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.264"><num value="261.264">§261.264</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities should have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §261.264 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.265"><num value="261.265">§261.265</num><heading>Emergency Electrical Power</heading><content>An emergency electrical power system for quick recovery to maintain essential services, security, and safety should be provided to meet the life safety requirements as required by Chapter 263 of this title (relating to Life Safety). If installed, such system shall be tested operationally not less than weekly and a record kept of this testing.</content><note type="source"><p>Source Note: The provisions of this §261.265 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scB/s261.266"><num value="261.266">§261.266</num><heading>Applicability</heading><content>The provisions of this section apply only to facilities existing and being operated as county facilities on December 23, 1976.</content><note type="source"><p>Source Note: The provisions of this §261.266 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c261/scC"><num value="C">SUBCHAPTER C</num><heading>EXISTING MINIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.300"><num value="261.300">§261.300</num><heading>Facility Site</heading><content>The site should be of sufficient size to provide for the immediate facility. A buffer zone around the facility should be provided.</content><note type="source"><p>Source Note: The provisions of this §261.300 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.301"><num value="261.301">§261.301</num><heading>Facility Concept</heading><content>Inmates housed in minimum security facilities shall be assessed according to the provisions of Chapter 271 of this title (relating to Classification and Separation). Unlike facilities or lockups for maximum custody and medium custody inmates, these facilities do not require stringent security measures.</content><note type="source"><p>Source Note: The provisions of this §261.301 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective June 14, 1996, 21 TexReg 5003.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.302"><num value="261.302">§261.302</num><heading>Facility Security Requirements</heading><content>The facility need not be designed and maintained as a special security unit. It does not require a security perimeter. When built in conjunction with other jail or lockup functions, the integrity of the security perimeter of the higher security facility shall not be compromised.</content><note type="source"><p>Source Note: The provisions of this §261.302 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.303"><num value="261.303">§261.303</num><heading>Construction Materials</heading><content>Inmate housing areas and day rooms may be constructed of conventional construction materials. Consideration should be given to the use of quality durable materials.</content><note type="source"><p>Source Note: The provisions of this §261.303 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.304"><num value="261.304">§261.304</num><heading>Public Areas</heading><content>Public access to the building shall be through a main entrance. The public shall not have uncontrolled access to enter inmate areas. A public lobby or waiting area should be provided for the convenience of the public, including seating, drinking fountains, and rest rooms and should include lockers or storage for visitors' articles. Provisions shall be made for disabled visitors.</content><note type="source"><p>Source Note: The provisions of this §261.304 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.305"><num value="261.305">§261.305</num><heading>Vision into Inmate Areas</heading><content>Design and construction shall preclude direct vision into inmate occupied areas by the public.</content><note type="source"><p>Source Note: The provisions of this §261.305 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.306"><num value="261.306">§261.306</num><heading>Administrative Space</heading><content>The facility shall provide sufficient space for administrative, program, and clerical needs. Adequate space for equipment and supplies shall be provided to meet established and projected needs. These spaces should be located outside the inmate housing areas. Evidence storage should not be located within the security perimeter.</content><note type="source"><p>Source Note: The provisions of this §261.306 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.307"><num value="261.307">§261.307</num><heading>Squad Rooms</heading><content>Locker space, toilets, lavatories, showers, dressing rooms, and classroom space should be provided for staff and shall be located outside the security perimeter. Break and dining space should be provided in the facility.</content><note type="source"><p>Source Note: The provisions of this §261.307 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.308"><num value="261.308">§261.308</num><heading>Inmate Movement Into and Out of Facility</heading><content>Construction should provide for movement of an inmate or detainee into and out of the facility without exposing the individual to contact with the public.</content><note type="source"><p>Source Note: The provisions of this §261.308 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.309"><num value="261.309">§261.309</num><heading>Observation</heading><content>Inmate occupied areas should be constructed to facilitate observation of inmates.</content><note type="source"><p>Source Note: The provisions of this §261.309 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.310"><num value="261.310">§261.310</num><heading>Emergency Access</heading><content>Multistory facilities shall have an elevator or other passageway large enough to accommodate the passage of patient evacuation equipment.</content><note type="source"><p>Source Note: The provisions of this §261.310 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.311"><num value="261.311">§261.311</num><heading>Segregation</heading><content>Facilities shall provide separate cells and day rooms of capacities for inmates to provide adequate separation of male and female inmates as required by Chapter 271 of this title (relating to Classification and Segregation).</content><note type="source"><p>Source Note: The provisions of this §261.311 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.312"><num value="261.312">§261.312</num><heading>Functions</heading><content>Minimum space allocations should provide for, but not be limited to:(1) Inmate reception:(A) reception and holding;(B) video taping and intoxilizer programs if such are to be performed in the facility.(2) Detention:(A) inmate housing;(B) segregation;(C) visiting;(D) jailer stations.(3) Support/Services:(A) public areas;(B) administrative offices;(C) squad rooms;(D) food service;(E) laundry;(F) inmate commissary;(G) storage;(H) sanitation;(I) medical examination;(J) multipurpose rooms;(K) recreation and exercise;(L) inmate programs and activities;(M) counseling;(N) library.(4) It is permissible to use the same room or space allocation for more than one of the listed functions where such use will not deny the rights of any individual and will not impair the safety, security, sanitation, or required segregation of the facility.</content><note type="source"><p>Source Note: The provisions of this §261.312 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective July 7, 2013, 38 TexReg 4192.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.313"><num value="261.313">§261.313</num><heading>Inmate Entrance</heading><content>The inmate entrance may be through a conventional vestibule into the receiving area. This entrance shall allow for passage of patient evacuation equipment. The entrance shall be designed and constructed to allow observation and identification of persons approaching the inmate entrance. Electronic surveillance equipment may be used.</content><note type="source"><p>Source Note: The provisions of this §261.313 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.314"><num value="261.314">§261.314</num><heading>Weapon Storage</heading><content>Separate secure storage space shall be provided at all entrances to the security perimeter for weapons and ammunition.</content><note type="source"><p>Source Note: The provisions of this §261.314 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.315"><num value="261.315">§261.315</num><heading>Receiving Area</heading><content>Facilities shall have a receiving area. The receiving area shall be designed to readily permit the processing of inmates. Receiving areas should be provided with access to drinking fountains and toilets.</content><note type="source"><p>Source Note: The provisions of this §261.315 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.316"><num value="261.316">§261.316</num><heading>Visiting Areas</heading><content>Visiting areas shall be provided. Audible communications shall be provided between the inmate and visitor. Provisions shall be made for disabled visitors and inmates. Seating should be provided for both visitors and inmates. A visiting area may be provided for contact visits from law enforcement officers, attorneys, clergy, and probation and parole officers. Provisions shall be made for passage of legal paper between inmates and attorneys.</content><note type="source"><p>Source Note: The provisions of this §261.316 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 27, 1995, 20 TexReg 10619.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.317"><num value="261.317">§261.317</num><heading>Jailer Stations</heading><content>A sufficient number of jailer stations shall be provided on each floor where inmates are housed. Staff toilets and lavatories should be provided in close proximity to jailer stations.</content><note type="source"><p>Source Note: The provisions of this §261.317 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective July 7, 2013, 38 TexReg 4193.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.318"><num value="261.318">§261.318</num><heading>Kitchen</heading><content>If food is to be prepared at the facility, a kitchen of adequate size and properly equipped shall be provided and shall include the following.(1) Functions. Kitchen space and equipment shall allow for the efficient operations of receiving, storage, processing, preparation, cooking, baking, serving, dish washing, cleaning, menu preparation, record keeping, personal hygiene, and removal of waste and garbage. Kitchen functions shall be performed without compromising the security of the facility. The kitchen should not be designed as a passageway for nonfood handling persons.(2) Storage. Adequate dry and cold storage shall be provided appropriate for the size of kitchen. Separate storage shall be provided for nonfood items.(3) Surfaces. The kitchen floor shall be properly pitched to adequate floor drains and allow for proper cleaning. Floor finish should prevent slipping. The junction between floors and walls shall be covered. Walls and ceilings shall be finished with smooth washable light colored surfaces.(4) Light. Adequate lighting shall be provided on all work surfaces.(5) Ventilation. Food service areas shall be adequately ventilated to control disagreeable odors and moisture. All openings to the outside shall be secured and provided with insect screens.(6) Water. Adequate hot and cold water shall be provided for food preparation, cleaning, and dish washing. Hot water equipment shall be of sufficient size and capacity to meet the needs of the facility.(7) Codes. Kitchens shall comply with state health codes.</content><note type="source"><p>Source Note: The provisions of this §261.318 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.319"><num value="261.319">§261.319</num><heading>Dining Space</heading><content>Group dining may be provided. Group dining should avoid concentrations of more than 24 inmates (48 for direct supervision).</content><note type="source"><p>Source Note: The provisions of this §261.319 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.320"><num value="261.320">§261.320</num><heading>Laundry Facilities</heading><content>A laundry or an acceptable laundry vendor, or both, shall be maintained to provide clean clothing, bedding, and supplies. Adequate, separate storage space, commensurate with facility capacity, shall be provided for both clean and soiled laundry and laundry supplies. Where applicable, space shall be provided for washers, extractors, and dryers. A toilet and lavatory should be provided nearby.</content><note type="source"><p>Source Note: The provisions of this §261.320 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.321"><num value="261.321">§261.321</num><heading>Storage Area Capacities</heading><content>Storage areas based upon facility capacity should be provided as follows:(1) Inmate property: two cubic feet per inmate, unless personal property will be maintained in another facility;(2) Inmate uniforms and linens: three cubic feet per inmate;(3) Inmate mattresses: raised perforated storage in the amount of five and one-fourth cubic feet per mattress for 25% of total capacity.</content><note type="source"><p>Source Note: The provisions of this §261.321 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.322"><num value="261.322">§261.322</num><heading>Janitorial Storage Space</heading><content>Adequate, secured, well ventilated storage for janitorial supplies and equipment should be provided within the security perimeter and administrative area. Sufficient broom and mop racks should be provided.</content><note type="source"><p>Source Note: The provisions of this §261.322 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.323"><num value="261.323">§261.323</num><heading>Medical Space and Equipment</heading><content>Adequate space for first aid equipment shall be provided. Space and equipment for medical examination, treatment, and convalescent care shall be provided or provisions contained in the health services plan. Adequate, secure storage for medical supplies and drugs shall be provided.</content><note type="source"><p>Source Note: The provisions of this §261.323 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective May 3, 1995, 20 TexReg 2866.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.324"><num value="261.324">§261.324</num><heading>Infirmary</heading><content>An infirmary should be provided for facilities of 200 or more capacity. When an infirmary is provided, the following minimum components shall be included:(1) nurses station;(2) locked medication station with storage for individually filled prescriptions;(3) utility room with sink and storage for linens and equipment;(4) refrigerated storage;(5) utility room with double tub sink and clinical service sink with flushing rim;(6) 80 square feet of floor space per bed;(7) at least one single occupancy room or cell with 80 square feet of floor space;(8) doors, through which patients and equipment are to be moved, of adequate width to allow turning of wheeled chairs and tables normally used in medical facilities;(9) a lavatory with a gooseneck inlet and wrist controls accessible to each ward;(10) janitor closet;(11) toilet, lavatory, and shower for use of inmates in the infirmary;(12) additional elements as dictated by the facility health care director.</content><note type="source"><p>Source Note: The provisions of this §261.324 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.325"><num value="261.325">§261.325</num><heading>Multipurpose Rooms</heading><content>One or more multipurpose rooms should be provided. These multipurpose rooms may be used for group assembly, conferences, contact visitation, counseling, religious services, education, or other special uses.</content><note type="source"><p>Source Note: The provisions of this §261.325 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.326"><num value="261.326">§261.326</num><heading>Exercise Area</heading><content>One or more exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas should be provided for exercise during inclement weather. A toilet and drinking fountain should be readily available. Consideration shall be given to the requirement for inmates to be allowed access to sunlight for one hour per week after ten days confinement.</content><note type="source"><p>Source Note: The provisions of this §261.326 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.327"><num value="261.327">§261.327</num><heading>Single Cells</heading><content>Single cells, if provided, shall not be less than eight feet high from finished floor to ceiling and not less than five feet wide from wall to wall. They shall contain not less than 40 square feet of floor space. They shall have one bunk, toilet, lavatory, table, and seat.</content><note type="source"><p>Source Note: The provisions of this §261.327 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.328"><num value="261.328">§261.328</num><heading>Multiple Occupancy Cells</heading><content>Multiple occupancy cells shall contain two to eight bunks and not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each multiple occupancy cell shall have one toilet and lavatory. Multiple occupancy cells should not be provided in direct supervision facilities.</content><note type="source"><p>Source Note: The provisions of this §261.328 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.329"><num value="261.329">§261.329</num><heading>Dormitories</heading><content>Dormitories shall contain nine to 24 bunks, except direct supervision dormitories which may contain up to 48 bunks. Dormitories shall contain not less than 40 square feet of floor space for the first bunk plus 18 square feet of floor space for each additional bunk. Each dormitory shall have adequate toilets and lavatories.</content><note type="source"><p>Source Note: The provisions of this §261.329 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.330"><num value="261.330">§261.330</num><heading>Day Rooms</heading><content>All single cells, multiple occupancy cells, and dormitories shall be provided with day rooms. Separation cells, violent cells, holding cells, and medical cells are exempt from this requirement. Day rooms shall be designed for no more than 24 inmates, except direct supervision day rooms may be designed for up to 48 inmates. Based on the design capacity of the cells served, the day rooms shall contain not less than 40 square feet of floor space for the first inmate plus 18 square feet of floor space for each additional inmate; adequate toilets, lavatories, mirrors, showers, seating, and tables. A utility sink should be provided. Day rooms may be contiguous with inmate living areas provided that space requirements for living areas and day rooms are met. Convenient electrical receptacles circuited with ground fault protection should be provided.</content><note type="source"><p>Source Note: The provisions of this §261.330 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.331"><num value="261.331">§261.331</num><heading>Separation Cells</heading><content>Separation cells, if provided, shall include the following features and equipment.(1) Furnishings. Each cell shall be provided with a table, seat, mirror, and bunk. A shelf and clothes hook may be provided. Convenient electrical receptacles circuited with ground fault protection should be provided. Power to receptacles shall be individually controlled outside of the cell.(2) Plumbing. Cells shall be provided with a toilet, lavatory, shower, and floor drain.(3) Cell Size. Cells shall contain not less than 40 square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §261.331 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.332"><num value="261.332">§261.332</num><heading>Holding Cells</heading><content>Inmates shall not be held for more than 48 hours and the cells, if provided, shall include the following features.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be 14" to 18" above the finished floor and not less than 12" wide. Seating shall be sufficient to provide not less than 24 linear inches per inmate at cell capacity;(2) Plumbing. Cells shall be provided with adequate toilets, lavatories, and floor drains. The floor shall be properly pitched to drains;(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of inmates to be confined at any one time. Cells shall be constructed to house from 1 to 24 inmates and shall contain not less than 40 square feet of floor space for 1 inmate and 18 square feet of floor space for each additional inmate to be confined;(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned;(5) Supervision. The cell should be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §261.332 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective May 3, 2000, 25 TexReg 3795.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.333"><num value="261.333">§261.333</num><heading>Detoxification Cells</heading><content>Any facility that anticipates the housing of intoxicated persons should provide one or more detoxification cells for the detention of persons during the detoxification process. These cells shall include the following features and equipment.(1) Seating. A stationary bench or benches abutting the walls shall be provided. Benches shall be not higher than eight inches above the finished floor, not less than two feet wide and shall extend the length of the cell.(2) Plumbing. Cells should be provided with one or more vandal resistive flushing floor drains with outside controls, or vandal resistive toilet, lavatory, and standard floor drains. The floor shall be properly pitched to drains. Drinking fountains or lavatories capable of providing drinking water should be provided.(3) Cell Size. The size of the cell shall be determined by the anticipated maximum number of intoxicated inmates to be confined at any one time. Cells shall be constructed to house from one to 12 inmates and shall contain not less than 40 square feet of floor space for one inmate and 18 square feet of floor space for each additional inmate to be confined.(4) Surfaces. Floor, wall, and ceiling material shall be durable and easily cleaned.(5) Supervision. The cell shall be located and constructed to facilitate supervision of the cell area and to materially reduce noise.</content><note type="source"><p>Source Note: The provisions of this §261.333 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.334"><num value="261.334">§261.334</num><heading>Violent Cells</heading><content>A facility may contain one or more single occupancy cells for the temporary holding of violent persons. Violent cells shall include the following features and equipment.(1) Furnishings. The cell shall be equipped with a hammock, not less than two feet-three inches wide and six feet-three inches long, made of an elastic or fibrous fabric. A bench abutting the wall, the length or width of the cell, at least two feet-three inches wide and six feet-three inches long and not more than eight inches above the floor may be provided in lieu of a hammock.(2) Plumbing. Flushing type floor drains with outside controls shall be provided.(3) Cell Size. Cell shall contain not less than 40 square feet of floor space.(4) Padding. Walls, floor, and bench shall be completely covered with a material to protect the inmate from self injury. The type of material used to cover the walls, floor, and bench shall be fire resistive and nontoxic.</content><note type="source"><p>Source Note: The provisions of this §261.334 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.335"><num value="261.335">§261.335</num><heading>Dimensions</heading><content>All cells and day rooms shall be not less than eight feet from finished floor to ceiling and five feet-six inches from wall to wall. Cells containing over/under bunk units shall be measured from center line of units to wall. Corridors shall be not less than four feet wide.</content><note type="source"><p>Source Note: The provisions of this §261.335 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.336"><num value="261.336">§261.336</num><heading>Furnishings for Inmate Housing Areas</heading><content>(a) Bunks. Bunks shall be fire resistive. The mattress surface of the bunk shall measure not less than two feet-three inches wide and six feet-three inches long.(b) Toilets and Lavatories. Toilets and lavatories shall be provided in cells and day rooms. They may be conventional type. Based on design capacity, each cell and day room shall provide one toilet and lavatory capable of providing drinking water for each group or increment of eight inmates.(c) Showers. Shower areas shall be not less than two feet-six inches square per showerhead and not less than seven feet high. Construction should be of materials which resist the action of soap and water. Drying areas of not less than two feet-six inches square sloped to a drain should be provided adjoining the shower entrance. Based on design capacity, each separation cell and day room shall provide one shower for each group or increment of 12 inmates.(d) Tables and Seating. Tables and seating shall be constructed of materials which will resist vandalism. They shall be fire resistive and reasonably remote from toilet areas. Tables and benches shall be not less than 12 inches wide, and linear seating shall be not less than 18 continuous inches per person. Stools shall be not less than 12 inches in diameter. Seating height of 14 inches to 18 inches shall be provided.(e) Privacy Shields. Inmate toilet areas in holding cells shall be configured or equipped to provide reasonable privacy from exposure to persons outside the cell. Privacy shields should extend from about 15 inches from the finished floor to about four feet-six inches high and shall be securely anchored.(f) Mirrors. Mirrors shall be constructed of unbreakable material. Mirrors shall be provided above lavatories in separation cells.</content><note type="source"><p>Source Note: The provisions of this §261.336 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.337"><num value="261.337">§261.337</num><heading>Walls</heading><content>Walls should be constructed to resist vandalism and facilitate ease of maintenance.</content><note type="source"><p>Source Note: The provisions of this §261.337 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.338"><num value="261.338">§261.338</num><heading>Floors</heading><content>Floors should provide a high resistance to wear and moisture. A nonslip surface should be provided at the entrance to all shower areas.</content><note type="source"><p>Source Note: The provisions of this §261.338 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.339"><num value="261.339">§261.339</num><heading>Ceilings</heading><content>Ceilings should be constructed of material not easily damaged.</content><note type="source"><p>Source Note: The provisions of this §261.339 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.340"><num value="261.340">§261.340</num><heading>Vermin Control</heading><content>Facility construction shall protect against the entrance and infestation of vermin. Materials and construction design shall contribute to efficient maintenance and housekeeping.</content><note type="source"><p>Source Note: The provisions of this §261.340 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.341"><num value="261.341">§261.341</num><heading>Windows and Screens</heading><content>Operable windows shall be equipped with insect screens. Windows or skylights should be provided in inmate living and activity areas.</content><note type="source"><p>Source Note: The provisions of this §261.341 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.342"><num value="261.342">§261.342</num><heading>Food Passes</heading><content>Food passes should not be less than 15 inches wide and four and one-half inches high.</content><note type="source"><p>Source Note: The provisions of this §261.342 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.343"><num value="261.343">§261.343</num><heading>Doors</heading><content>Doors may be of any material commensurate with the degree of security sought to be achieved. Doors shall be equipped with appropriate hardware and accessories to achieve the degree of security sought.</content><note type="source"><p>Source Note: The provisions of this §261.343 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.344"><num value="261.344">§261.344</num><heading>Door Stops</heading><content>Door stops shall be provided for all detention doors. Door closers manufactured with integral door stops may be used.</content><note type="source"><p>Source Note: The provisions of this §261.344 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.345"><num value="261.345">§261.345</num><heading>Door Closers</heading><content>Where used, door closers for all detention swinging doors shall be appropriate for the weight of the door.</content><note type="source"><p>Source Note: The provisions of this §261.345 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.346"><num value="261.346">§261.346</num><heading>Keys and Locks</heading><content>Conventional keys and locks may be used. An additional set of keys shall be maintained by the operator.</content><note type="source"><p>Source Note: The provisions of this §261.346 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.347"><num value="261.347">§261.347</num><heading>Key Cabinets</heading><content>Key cabinets should be provided at suitable locations.</content><note type="source"><p>Source Note: The provisions of this §261.347 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.348"><num value="261.348">§261.348</num><heading>Power Operated Locks</heading><content>Power operated locks, where used, shall be motor, solenoid, or pneumatic type and provide electrical control unlocking, key unlocking by manual operation, and automatic mechanical deadlocking of doors upon closing. A door position switch and door position indicator shall be provided for all doors equipped with power operated locks. Door closers should be provided on all swinging doors equipped with power operated locks.</content><note type="source"><p>Source Note: The provisions of this §261.348 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.349"><num value="261.349">§261.349</num><heading>Emergency Operation of Doors</heading><content>All doors to cells and day rooms shall be capable of being unlocked by a manual means at the door or a remote location. All remote door controls shall be secure.</content><note type="source"><p>Source Note: The provisions of this §261.349 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.350"><num value="261.350">§261.350</num><heading>Temperature Control</heading><content>Temperature levels shall be reasonably maintained between 65 degrees Fahrenheit and 85 degrees Fahrenheit in all occupied areas.</content><note type="source"><p>Source Note: The provisions of this §261.350 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.351"><num value="261.351">§261.351</num><heading>Air Flow</heading><content>Ventilation shall be sufficient to admit fresh air and remove disagreeable odors. A sufficient number of windows capable of being opened, or a mechanical ventilation system provided with emergency electrical power, shall be provided in order to allow for sufficient ventilation in case of breakdown in the normal ventilation system or normal power failure.</content><note type="source"><p>Source Note: The provisions of this §261.351 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.352"><num value="261.352">§261.352</num><heading>Plumbing</heading><content>Plumbing work shall meet the requirements of the Southern Standard Building Code, or equivalent. Warm and cold water should be provided at all lavatories and warm water shall be provided at all showers. Warm water temperature shall be between 100 and 120 degrees Fahrenheit. All plumbing in inmate occupied areas should have quick shut off capability.</content><note type="source"><p>Source Note: The provisions of this §261.352 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.353"><num value="261.353">§261.353</num><heading>Sinks</heading><content>Sufficient mop sinks with hot and cold water should be provided.</content><note type="source"><p>Source Note: The provisions of this §261.353 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.354"><num value="261.354">§261.354</num><heading>Faucets</heading><content>Cold water faucets with standard hose connections should be provided in plumbing access space or corridors.</content><note type="source"><p>Source Note: The provisions of this §261.354 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.355"><num value="261.355">§261.355</num><heading>Floor Drains</heading><content>Floor drains shall be located throughout the facility so as to reduce the possibility of flooding. Floor drains shall be provided in every area where toilets, lavatories, or showers are located.</content><note type="source"><p>Source Note: The provisions of this §261.355 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.356"><num value="261.356">§261.356</num><heading>Lighting</heading><content>Adequate illumination shall be provided throughout the cells and day rooms. An illumination level of 20 foot candles shall be provided at mirrors and tables. Inmates should be capable of controlling some lighting; override capability shall be provided. Night lights sufficient to permit continuous observation shall be provided. Control areas and means of egress shall be continuously illuminated. Exteriors of buildings and all entrances shall be lighted sufficiently to observe approaching persons.</content><note type="source"><p>Source Note: The provisions of this §261.356 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.357"><num value="261.357">§261.357</num><heading>Audible Communication</heading><content>Two-way voice communication shall be available at all times between inmates and jailers.</content><note type="source"><p>Source Note: The provisions of this §261.357 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 22, 2020, 45 TexReg 9231.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.358"><num value="261.358">§261.358</num><heading>Television Monitoring</heading><content>Closed circuit television monitoring may be provided to supplement control and security functions. Closed circuit television monitoring of toilet and shower areas shall not be allowed except in medical and special observation areas.</content><note type="source"><p>Source Note: The provisions of this §261.358 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.359"><num value="261.359">§261.359</num><heading>Electrical Power</heading><content>Electrical installation shall comply with state and local codes and ordinances. Facilities should have adequate electrical receptacles in corridors or chases for food carts, janitorial, and maintenance equipment.</content><note type="source"><p>Source Note: The provisions of this §261.359 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.360"><num value="261.360">§261.360</num><heading>Emergency Electrical Power</heading><content>An emergency electrical power system for quick recovery to maintain essential services, security, and safety should be provided to meet the life safety requirements as required by Chapter 263 of this title (relating to Life Safety). If installed, such system shall be tested operationally not less than weekly and a record kept of this testing.</content><note type="source"><p>Source Note: The provisions of this §261.360 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c261/scC/s261.361"><num value="261.361">§261.361</num><heading>Applicability</heading><content>The provisions of this section apply only to facilities existing and being operated as county facilities on December 23, 1976.</content><note type="source"><p>Source Note: The provisions of this §261.361 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c263"><num value="263">CHAPTER 263</num><heading>LIFE SAFETY RULES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scA/s263.1"><num value="263.1">§263.1</num><heading>General Purpose</heading><content>All facilities shall be designed, constructed, maintained, staffed, and operated to: (1) provide for proper compartmentation;(2) provide for the prompt detection, alarm, and extinguishing of fires and the avoidance of any explosion; (3) provide for a mechanical smoke management system and other emergency equipment; (4) provide (and file with the Commission) plans, programs, drills, and training for emergencies, as required under §263.40 and §263.41 of this title (relating to Plans and Drills for Emergencies). (5) comply with standards as adopted by The Texas Department of Insurance under Government Code 417.</content><note type="source"><p>Source Note: The provisions of this §263.1 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5939.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scA/s263.2"><num value="263.2">§263.2</num><heading>Equivalency</heading><content>Nothing in these rules is intended to prevent the use of new systems, new methods, new devices, or systems, methods, or devices of equivalent quality, strength, fire resistance effectiveness, durability, and safety to those set forth in these rules, providing technical data is submitted to the commission demonstrating the equivalency of such systems, methods or devices.</content><note type="source"><p>Source Note: The provisions of this §263.2 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scA/s263.3"><num value="263.3">§263.3</num><heading>Adequacy of Plans/Drills</heading><content>The commission shall determine the compliance of each facility's exits, emergency plans, programs, drills, procedures, equipment, and the other measures for life safety in accordance with these rules. Variances from the strict requirements of these rules may be granted by the commission in accordance with the variance procedures set forth in Chapter 299 of this title (relating to Variance Procedure Rules), but only when it is clearly evident that reasonable life safety is thereby secured.</content><note type="source"><p>Source Note: The provisions of this §263.3 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scB"><num value="B">SUBCHAPTER B</num><heading>DESIGN AND MATERIALS</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.10"><num value="263.10">§263.10</num><heading>Removal of Occupants</heading><content>Because doors are locked and windows are secured in jails, provisions shall be made for the rapid removal of occupants by such reliable means as the remote control of doors, or by keying all locks to keys readily available to staff who are continually on duty, and have undergone emergency drills.</content><note type="source"><p>Source Note: The provisions of this §263.10 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.11"><num value="263.11">§263.11</num><heading>Separation</heading><content>Jails in buildings serving other functions shall be completely separated from such other functions or occupancies by construction having a fire resistive rating of at least two hours. This rule applies to existing jails as well as new construction. Minimum security inmate housing not provided with a smoke removal system shall be separated from all other inmate occupancy areas by fire resistive partitions of at least two hour rating.</content><note type="source"><p>Source Note: The provisions of this §263.11 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective June 14, 1996, 21 TexReg 5003.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.12"><num value="263.12">§263.12</num><heading>Additions/New Construction</heading><content>New facilities, new additions, and major renovations to existing facilities shall:(1) be constructed of fire resistive, noncombustible materials. Single story, minimum security facilities may use wood framing when provided as part of an Underwriters Laboratory fire rated assembly, appropriate for the application, provided exterior walls, interior walls, and ceilings are of fire resistive materials. Roof materials shall meet Class C criterion unless superseded by local code requirements;(2) have dividing fire and smoke partitions between floors, between compartments, and in corridors with self-closing fire doors or normally closed power operated swinging or sliding detention doors;(3) have Class A interior finish materials on all interior surfaces (flame spread 0-25, smoke developed 0-450 in accordance with ASTM E84 "Standard Test Method for Surface Burning Characteristics of Building Materials" and UL 723 standards);(4) be designed for isolation of fires, riots, or other emergencies;(5) provide means of egress components consisting of doors, stairs, and smoke proof enclosures (in multistory facilities), horizontal exits, and passageways in accordance with NFPA 101 Life Safety Code §14.2 concerning Means of Egress Components as appropriate for the occupancy type such as Business or Detention.</content><note type="source"><p>Source Note: The provisions of this §263.12 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective June 14, 1996, 21 TexReg 5003; amended to be effective September 14, 2025, 50 TexReg 5939.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.13"><num value="263.13">§263.13</num><heading>Number of Exits</heading><content>There shall be no less than two exits on each floor of each facility, as remote as practicable from one another, to minimize the possibility that both may be blocked at the same time by fire or other emergency, and to which, upon release in emergency situations, inmates may have access by open, unobstructed, safe, and continuous passageways or corridors leading directly to such exits. Travel distance between any point on the floor of the facility and an exit shall not exceed 150 feet. Travel distance between any point on the floor and an exit may be increased by 50 feet in fully sprinklered facilities not to exceed 200 feet of total travel distance. Existing facilities having a capacity of 45 inmates or less may operate with a single exit with the approval of the commission. Elevators shall not be considered or relied upon as exits.</content><note type="source"><p>Source Note: The provisions of this §263.13 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.14"><num value="263.14">§263.14</num><heading>Width of Exit</heading><content>Exit doors to cells, day rooms, and other rooms where inmates are confined, up to a capacity of 48 inmates, shall have a minimum clear width of 28 inches. The minimum width of all other exit doors shall be calculated at 0.2 inches of clear width for each inmate utilizing the door for exit access, but in no case shall such width be less than 36 inches. Stairs shall provide 0.3 inches of width for each inmate utilizing stairs for exit access, but in no case shall such width be less than 44 inches. (Exception: Facilities in operation or initiated prior to March 31, 1991, may utilize exit doors having a minimum clear width of 28 inches.)</content><note type="source"><p>Source Note: The provisions of this §263.14 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.15"><num value="263.15">§263.15</num><heading>Illumination of Exits</heading><content>All corridors and passages to exits, the exits themselves, and other means of egress shall be continuously illuminated at all points with not less than 1.0 foot candle measured at the floor, and shall be so arranged that the failure of any lighting unit or bulb will not leave any area in darkness. Discharging stairways shall be continuously illuminated at all points with not less that 10 foot candle measured at the floor, and shall be so arranged that the failure of any lighting unit or bulb will not leave any area in darkness.</content><note type="source"><p>Source Note: The provisions of this §263.15 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5940.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.16"><num value="263.16">§263.16</num><heading>Exit Marking</heading><content>Access to exits shall be marked by readily visible signs at all locations where the exit is not readily visible from outer cell doors. At all times, the access-to-exit and exit signs shall be of such size and distinctive and contrasting coloring as to be readily visible, shall be continuously illuminated, and shall never be covered or obstructed.</content><note type="source"><p>Source Note: The provisions of this §263.16 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.17"><num value="263.17">§263.17</num><heading>Exit Stairways</heading><content>Interior stairways serving as emergency exits for new facilities and new additions shall be separated by a two-hour fire rated enclosure and self-closing fire doors.</content><note type="source"><p>Source Note: The provisions of this §263.17 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.18"><num value="263.18">§263.18</num><heading>Exit Doors</heading><content>All swinging doors to cells, day rooms, and inmate activity areas shall be installed to swing in the direction of exit traffic; and all doors shall be so situated that, in the process of opening and when fully open, they shall be unobstructed.</content><note type="source"><p>Source Note: The provisions of this §263.18 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.19"><num value="263.19">§263.19</num><heading>Hazardous Area Protection</heading><content>(a) Areas used for general storage, boiler or furnace rooms, fuel storage, storage for chemicals or cleaning supplies, maintenance shops including woodworking and painting areas, laundries, and kitchens, shall be separated from other parts of the building with two-hour fire resistive construction with openings protected with automatic or self- closing one-half hour fire rated assemblies. When the hazardous area is protected by automatic sprinkler protection, the separation may be of one hour fire resistive construction with openings protected with automatic or self-closing 20-minute fire rated assemblies.(b) Cooking facilities producing grease laden vapors shall have an approved automatic fire extinguishing system protecting cooking surfaces and hood and duct systems serving the cooking equipment in accordance with NFPA 96, Standard for Ventilation Control and Fire Protection of Commercial Cooking Operations.(c) Where hazardous processes or storage areas are of such a character as to introduce an explosion potential, explosion venting or an explosion suppression system specifically designed for the hazard shall be provided. The use of combustible supplies and permitting of hazardous material and trash to collect shall be minimized and avoided where possible.</content><note type="source"><p>Source Note: The provisions of this §263.19 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5940.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.20"><num value="263.20">§263.20</num><heading>Duct Dampers</heading><content>Air conditioning and ventilation duct work in new facilities and new additions shall contain dampers to resist the passage of smoke at each point a duct penetrates a smoke partition or floor level; such ducts shall close automatically upon the detection of smoke. (Exception: this rule does not apply for duct work which is part of a smoke detection or smoke management system.)</content><note type="source"><p>Source Note: The provisions of this §263.20 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scB/s263.21"><num value="263.21">§263.21</num><heading>Construction Materials and Furnishings</heading><content>Construction materials as well as furnishings and fittings shall consist of noncombustible or low hazard content material only. Fire resistant and nontoxic mattresses only (pillows where furnished), to include the core and ticking, shall be used. Ticking should be antibacterial, stain resistant and easily cleaned.</content><note type="source"><p>Source Note: The provisions of this §263.21 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scC"><num value="C">SUBCHAPTER C</num><heading>DETECTION AND ALARM SYSTEMS</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scC/s263.30"><num value="263.30">§263.30</num><heading>General</heading><content>An automatic fire detection and alarm system shall be provided for all facilities in accordance with NFPA 72, National Fire Alarm and Signaling Code. The system shall include:(1) automatic fire detection for all areas of the facility; (2) manual fire alarm pull station for staff use;(3) audio and visual devices shall be installed at continuously staffed locations.</content><note type="source"><p>Source Note: The provisions of this §263.30 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5940.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scC/s263.31"><num value="263.31">§263.31</num><heading>Smoke Detection</heading><content>Fire detection for inmate occupied areas shall be by means of listed and labeled smoke detectors. The detectors shall be so located to meet the smoke detection testing criterion of §263.51(f) of this title (relating to Smoke Management).</content><note type="source"><p>Source Note: The provisions of this §263.31 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective June 25, 2000, 25 TexReg 5917.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scC/s263.32"><num value="263.32">§263.32</num><heading>Periodic Testing</heading><content>The fire alarm system shall be tested in accordance with the inspection, testing, and maintenance schedules in NFPA 72, National Fire Alarm and Signaling Code and shall be tested at least on calendar quarterly intervals.</content><note type="source"><p>Source Note: The provisions of this §263.32 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5940.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scC/s263.33"><num value="263.33">§263.33</num><heading>Notification of Others</heading><content>The fire alarm system shall be supervised in accordance with NFPA 72, National Fire Alarm and Signaling Code, to facilitate the notification of the local fire department.</content><note type="source"><p>Source Note: The provisions of this §263.33 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5941.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scD"><num value="D">SUBCHAPTER D</num><heading>PLANS AND DRILLS FOR EMERGENCIES</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scD/s263.40"><num value="263.40">§263.40</num><heading>Plans</heading><content>Each facility shall have and implement a written plan, approved by the commission, for escapes, riots, assaults, fires, evacuations, rebellions, civil disasters, and any other emergencies. Each plan shall provide for:(1) use and response to alarms;(2) notification of and access for:(A) fire department;(B) emergency medical service;(C) other law enforcement officials;(3) isolation of emergency areas;(4) prompt release and evacuation of emergency areas (including non-ambulatory inmates);(5) prevention of escapes during evacuations;(6) fire suppression and extinguishment, rendering of prompt medical aid and quelling disturbances; and(7) protection of staff during emergencies.</content><note type="source"><p>Source Note: The provisions of this §263.40 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 30, 2025, 50 TexReg 8624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scD/s263.41"><num value="263.41">§263.41</num><heading>Training and Drills</heading><content>Training of staff for emergency situations shall be provided immediately upon employment and no less than each calendar quarter for all jail personnel to include fire, emergency, evacuation drills, and location and use of equipment.</content><note type="source"><p>Source Note: The provisions of this §263.41 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scD/s263.42"><num value="263.42">§263.42</num><heading>Fire Prevention Plan</heading><content>Each facility, after consultation with the local fire department or Texas Commission on Fire Protection, shall have and implement a written plan, approved by the Commission on Jail Standards, for fire prevention and a fire hazard inspection checklist which shall be evaluated no less than each calendar quarter. The facility shall be inspected annually by a local fire official who is certified by the Texas Commission on Fire Protection or who meets the alternative criteria provided in Government Code 419.909 and shall pass the inspection.</content><note type="source"><p>Source Note: The provisions of this §263.42 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 22, 1999, 24 TexReg 11518; amended to be effective July 5, 2022, 47 TexReg 3822.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scE"><num value="E">SUBCHAPTER E</num><heading>LIFE SAFETY AND EMERGENCY EQUIPMENT</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.50"><num value="263.50">§263.50</num><heading>Emergency Electrical Power</heading><content>(a) New facilities, new additions, and major renovations to existing facilities shall be equipped with an emergency back-up electrical generator designed to operate both manually and automatically upon interruption of the primary electrical power source. The system shall be capable of operating uninterrupted for a minimum period of one- and one-half hours without refueling. Back-up electrical power shall be provided for necessary equipment and life safety systems including, but not limited to:(1) emergency illumination systems;(2) exit signs;(3) smoke management systems;(4) fire detection and alarm systems;(5) audible communication systems;(6) security/control systems;(7) normal ventilation systems required for smoke detection. (b) Existing facilities shall provide emergency illumination, and this may be accomplished by utilizing a battery back-up system capable of continuous operation for one and one-half hours.</content><note type="source"><p>Source Note: The provisions of this §263.50 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5941.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.51"><num value="263.51">§263.51</num><heading>Smoke Management</heading><content>(a) General. Jails shall have a sufficient means of managing smoke from a fire to permit orderly movement of inmates from the area of a fire incident. Smoke management shall limit the exposure of staff to untenable conditions when responding to a fire emergency. The means of smoke management shall be a combination of compartmentation, control of smoke migration from the affected area, and means of removing smoke to the exterior of the building. The smoke management system shall include the consideration of:(1) automatic and manual fire detection;(2) automatic and manual fire alarm system;(3) automatic and manual smoke control system activation;(4) automatic and manual fire suppression system;(5) maintenance of reliable means of egress;(6) movement of inmates from affected area to an area of refuge;(7) containment of smoke to area of fire origin;(8) automatic and manual removal of smoke.(b) Coverage.(1) Smoke management shall be provided throughout all detention and support areas within the security perimeter.(2) Mechanical smoke control systems and smoke removal systems shall be provided for all inmate housing areas, including cells, day rooms, dormitories, and special purpose cells.(3) For the purpose of smoke control and smoke removal systems, the affected area shall be deemed to be the compartment consisting of a cell, day room, dormitory, or special purpose cell, in which the fire incident originates. Where open grating or mesh walls are used, the affected area shall be restricted to the cell(s) and the adjacent day room.(c) Compartmentation. Smoke barriers shall be provided in accordance with NFPA 101 Chapter 22.3.7 and Chapter 23.3.7 concerning Subdivision of Building Spaces.(d) Control of Smoke Migration.(1) The smoke detection system shall promptly detect smoke within the affected area.(2) Upon detection, a fire alarm system shall automatically alert the control station(s) and initiate the automatic smoke control system.(3) The smoke control system shall automatically, by pressure differential and/orair flow, contain smoke in the area of fire origin.(4) Smoke control systems shall be designed so that smoke is restricted from entering the means of egress during the evacuation of inmates by providing sufficient air flow through exit access doors, when open.(5) A manual override capability shall be provided in the event of detection failure and for testing purposes.(e) Smoke Removal.(1) All jails shall be provided with smoke removal capability, except as provided under subsection (g) of this section, relating to exceptions.(2) The smoke removal system shall have the ability to remove smoke from the affected area to the exterior of the building using fixed mechanical equipment. Existing facilities (in operation prior to December 23, 1976) may be exempt from using fixed equipment when portable equipment is provided.(3) During smoke removal, smoke shall not migrate from the affected area to other areas of the building. (4) Smoke removal systems shall be designed to develop air flow patterns within the affected area which contribute to the dilution and removal of smoke. Air devices for supply and exhaust shall be separated by a distance of not less than 75% of the horizontal dimensions of the compartment and so arranged to provide air flow coverage of at least 50% of the vertical dimension of the compartment. Alternate air device configurations which have demonstrated effectiveness by field testing or mock-up testing may be approved.(5) Capacity of the smoke removal system shall be sufficient to comply with subsection (f) of this section relating to smoke testing. Facilities in operation or initiated prior to March 31, 1991, which are not provided with a complete smoke management system (as required by this section) shall provide smoke removal capability, being automatically activated by the smoke detection system when utilizing fixed equipment, meeting the smoke testing criteria established by the commission on September 27, 1989. Designs for smoke removal systems which provide air change rates of less than 15 air changes per hour shall not be utilized. Design consideration shall be given to system configuration, friction loss, pressure drops and differentials, air leakage, and other construction characteristics, which may necessitate safety factors being included in design calculations. (6) A manual override capability shall be provided in the event of detection failure and for testing purposes.(f) Testing.(1) General. Testing of the smoke management systems in all facilities shall be in compliance with the requirements of this section.(2) Functional Testing.(A) Air Balancing Certification. Prior to any other testing of new smoke management systems, an air balance report prepared in accordance with nationally recognized practices shall be submitted to the county. Such report shall bear certification that the smoke control and removal systems meet the engineer of record's design requirements with respect to pressure differentials achieved and air flow rates necessary to meet the intended smoke management operation. A copy of the air balance report shall be maintained at the facility and made available to the commission's inspector during all tests and inspections. An air balance report on an existing system may be required by the Texas Commission on Jail Standards when there is evidence that the smoke management system has been impaired due to modifications to the system or inadequate maintenance.(B) System Operation. A test of smoke management system's initiating devices and control systems' output shall be performed. Such testing shall verify that, upon activation of a smoke detector, water flow indicating device, manual fire alarm station, or other smoke management system initiating device, the smoke management system components will automatically commence operation. The engineer of record shall provide a "cause and effect" chart to indicate the appropriate smoke management operating mode for all affected equipment based on the operation of each initiating device. Acceptance of functional testing shall be predicated upon all input and output devices performing as indicated by the "cause and effect" chart.(3) Smoke Testing.(A) General smoke testing of the smoke management systems shall be accomplished in accordance with this section. The smoke management system shall be tested in both normal and emergency power modes.(B) Smoke Detection. Artificial smoke shall be introduced into the space to be tested. The rate of introduction of smoke shall be two times the volume of the space to be tested. The commission may establish a minimum amount of smoke to be introduced into a space. The smoke detection system shall alarm and initiate the smoke control and removal system(s) within 60 seconds of the beginning of smoke introduction.(C) Smoke Migration. The smoke management system shall be deemed to be controlling smoke migration if smoke from the detection test does not migrate from the affected area for a period of ten minutes from the time of detection and activation of the smoke control system. The inspector may conduct the smoke migration test with the compartment exit door open or closed.(D) Smoke Removal. Utilizing the procedure for testing smoke detection, smoke removal shall be completed in the space to be tested within fifteen minutes from the time of system activation.(4) Maintenance and Retesting. The smoke management systems shall be regularly maintained to assure consistent performance. The smoke management systems shall be operationally tested quarterly and may be tested by the commission's inspector on an annual basis utilizing the smoke testing procedures.(g) Exceptions.(1) Fully sprinklered, minimum security facilities may be exempt from these requirements if approved by the sheriff, the local fire marshal, and the commission; however, smoke detection and alarm systems shall be provided for all facilities. Approval shall be based on review of each facility, the degree of overall protection achieved, and a high degree of freedom of movement afforded the inmates. Such facilities shall be inspected by local fire protection authorities monthly.(2) Single story, new construction, minimum security facilities whose exit doors are incapable of being locked from the inside and which provide direct exiting to the exterior of the building from the inmate sleeping area(s) and day room(s) may be constructed without smoke control, smoke removal, or sprinkler systems. However,these facilities shall provide proper compartmentation and smoke detection.(3) Facilities that were in operation or initiated prior to March 31, 1991, and which comply with subsection (e) of this section, relating to Smoke Removal, may be exempt from other requirements of this section relating to smoke management.</content><note type="source"><p>Source Note: The provisions of this §263.51 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective June 14, 1996, 21 TexReg 5003; amended to be effective September 14, 2025, 50 TexReg 5941.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.52"><num value="263.52">§263.52</num><heading>Standpipes and Hoses</heading><content>Each facility shall be furnished with an approved wet NFPA 14, Standard for the Installation of Standpipe and Hose Systems, Class III standpipe and hose system (located to permit quick deployment to all inmate occupied areas) for use by fire department personnel and staff. Partial or complete automatic fire sprinkler systems with appropriate sprinkler heads may be provided. Facilities equipped with complete automatic fire sprinkler systems, in accordance with NFPA 13, Standard for the Installation of Sprinkler Systems, may reduce the system to an NFPA 14, Standard for the Installation of Standpipe and Hose Systems, Class I system. A one-inch non collapsible hose and reel system may be used in lieu of the one and one-half inch collapsible hose when approved by local fire officials. Existing facilities may request a variance from this requirement.</content><note type="source"><p>Source Note: The provisions of this §263.52 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective September 14, 2025, 50 TexReg 5941.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.53"><num value="263.53">§263.53</num><heading>Portable Fire Extinguishers</heading><content>Portable fire extinguishers of the number, size, and type, and in appropriate locations or in accordance with NFPA 101, Life Safety Code and NFPA 10, Standard for Portable Fire Extinguisher shall be provided.</content><note type="source"><p>Source Note: The provisions of this §263.53 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 30, 2025, 50 TexReg 8624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.54"><num value="263.54">§263.54</num><heading>Equipment</heading><content>All life safety equipment shall be out of reach of inmates or otherwise secured from unauthorized tampering. At least one self-contained breathing apparatus shall be available and maintained in or near each facility control station. All staff shall be trained, and quarterly drills conducted in the use of this equipment. A minimum of one unit shall be provided for each building of a multibuilding facility and on each floor of a multistory facility.</content><note type="source"><p>Source Note: The provisions of this §263.54 adopted to be effective December 19, 1994, 19 TexReg 9526; amended to be effective December 30, 2025, 50 TexReg 8624.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.55"><num value="263.55">§263.55</num><heading>Inspections, Maintenance, Testing</heading><content>All life safety equipment shall be inspected, maintained, and tested by persons qualified to do so (whether under vendor contract, by state or private agency or otherwise) in order that such equipment shall be safe, secure, and fully operative at all times.</content><note type="source"><p>Source Note: The provisions of this §263.55 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c263/scE/s263.56"><num value="263.56">§263.56</num><heading>Testing Emergency Power Equipment</heading><content>Emergency power equipment shall be tested at least once each week and the electric load transferred to the circuits at least monthly.</content><note type="source"><p>Source Note: The provisions of this §263.56 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scF"><num value="F">SUBCHAPTER F</num><heading>RECORDS AND REPORTS</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scF/s263.70"><num value="263.70">§263.70</num><heading>Records</heading><content>Adequate records of all required life safety plans, drills, and inspection of equipment shall be maintained and shall be readily available for inspection by the commission. The records shall include date, time, results, and signature of person conducting inspection.</content><note type="source"><p>Source Note: The provisions of this §263.70 adopted to be effective December 19, 1994, 19 TexReg 9526.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c263/scG"><num value="G">SUBCHAPTER G</num><heading>SUBMISSION WITH ARCHITECTURAL PLANS</heading><section identifier="/us/state/tx/tac/t37/p9/c263/scG/s263.90"><num value="263.90">§263.90</num><heading>Submission</heading><content>Drawings of adequate detail indicating all life safety and emergency equipment and the proposed function thereof shall be submitted with new construction or renovation plans in accordance with §257.4 of this title (relating to Required Submissions).</content><note type="source"><p>Source Note: The provisions of this §263.90 adopted to be effective March 22, 1991, 16 TexReg 1468; amended to be effective June 25, 2000, 25 TexReg 5917.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c265"><num value="265">CHAPTER 265</num><heading>ADMISSION</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c265/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.1"><num value="265.1">§265.1</num><heading>Receiving</heading><content>The receiving officer shall determine that each inmate is being committed by a duly authorized officer. If only one jailer is on duty, the delivering officer should stay until the inmate is locked into the facility.</content><note type="source"><p>Source Note: The provisions of this §265.1 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective October 8, 2013, 38 TexReg 6926.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.2"><num value="265.2">§265.2</num><heading>Search</heading><content>(a) A thorough pat or frisk search shall be conducted on each inmate upon entry into the facility and prior to booking.(b) When facility personnel reasonably believe it to be necessary, inmates should undergo a thorough strip search for weapons and contraband that may pose a threat to the security or safety of the facility. The strip search shall be conducted by jailer(s) or designated staff of the same gender in a reasonable and dignified manner and place.</content><note type="source"><p>Source Note: The provisions of this §265.2 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective May 3, 1995, 20 TexReg 2866; amended to be effective October 8, 2013, 38 TexReg 6926.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.3"><num value="265.3">§265.3</num><heading>Observation During Holding</heading><content>Inmates confined in a holding cell or detoxification cell shall be observed by facility personnel at intervals not to exceed 30 minutes.</content><note type="source"><p>Source Note: The provisions of this §265.3 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective May 3, 1995, 20 TexReg 2866.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.4"><num value="265.4">§265.4</num><heading>Inmate Files</heading><content>(a) Upon intake, a file on each inmate shall be established. The file shall include:(1) name of inmate with aliases;(2) description;(3) gender(4) marital status;(5) address;(6) date of birth;(7) offense charged;(8) date of commitment;(9) previous criminal record;(10) record of injuries;(11) inmate property inventory;(12) disabilities warranting special accessibility consideration;(13) name, address, and phone number of person to be contacted in event of emergency;(14) the name of the delivering officer, and the arresting agency;(15) documents that purport to legally authorize the inmate's commitment.(b) Upon intake, a medical record shall be established and shall be kept separate.</content><note type="source"><p>Source Note: The provisions of this §265.4 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective December 22, 1999, 24 TexReg 11518.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.5"><num value="265.5">§265.5</num><heading>Health Tags</heading><content>"Health tags" which may identify the inmate as having special medical or mental health needs shall be noted in the inmate's medical record and brought to the attention of health personnel and/or the supervisor on duty.</content><note type="source"><p>Source Note: The provisions of this §265.5 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective December 17, 2006, 31 TexReg 10100.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.6"><num value="265.6">§265.6</num><heading>Identification</heading><content>Each inmate should be fingerprinted and photographed. Copies of the fingerprints should be forwarded to the proper state and federal authorities.</content><note type="source"><p>Source Note: The provisions of this §265.6 adopted to be effective December 20, 1994, 19 TexReg 9647.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.7"><num value="265.7">§265.7</num><heading>Telephone Use</heading><content>A telephone 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.</content><note type="source"><p>Source Note: The provisions of this §265.7 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective September 6, 2023, 48 TexReg 4866.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.8"><num value="265.8">§265.8</num><heading>Contacting Attorney</heading><content>The inmate should be advised that he will be allowed to contact any attorney upon reasonable request.</content><note type="source"><p>Source Note: The provisions of this §265.8 adopted to be effective December 20, 1994, 19 TexReg 9647.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.9"><num value="265.9">§265.9</num><heading>Bonding</heading><content>The inmate shall be given the opportunity to secure his release utilizing the bonding procedures available in the county or district.</content><note type="source"><p>Source Note: The provisions of this §265.9 adopted to be effective December 20, 1994, 19 TexReg 9647.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.10"><num value="265.10">§265.10</num><heading>Inmate Property Checking</heading><content>The receiving officer shall carefully record and store the inmate's property as it is taken. A receipt signed by the receiving officer and the inmate shall be maintained in the inmate's file. In the event an inmate refuses to sign the property receipt, the receiving officer, with a witness present, shall note the refusal and sign the receipt.</content><note type="source"><p>Source Note: The provisions of this §265.10 adopted to be effective December 20, 1994, 19 TexReg 9647.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.11"><num value="265.11">§265.11</num><heading>Shower</heading><content>Following booking and prior to housing assignment, inmates should be showered. Inmate showers shall be supervised by a jailer or designated staff of the same gender.</content><note type="source"><p>Source Note: The provisions of this §265.11 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective October 8, 2013, 38 TexReg 6927.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.12"><num value="265.12">§265.12</num><heading>Communicable Disease</heading><content>Inmates suspected of having a reportable communicable disease shall be isolated and immediate arrangements made for the inmate's transfer to a facility equipped to handle the suspected disease, unless the admitting facility can safely and effectively segregate and maintain a medically prescribed course of treatment.</content><note type="source"><p>Source Note: The provisions of this §265.12 adopted to be effective December 20, 1994, 19 TexReg 9647; amended to be effective December 22, 1999, 24 TexReg 11518.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c265/sc/s265.13"><num value="265.13">§265.13</num><heading>Verify Veteran Status</heading><content>(a) Each sheriff/operator shall investigate and verify the veteran status of each prisoner by using data made available from the Veterans Reentry Search Service (VRSS) operated by the United States Department of Veteran Affairs or similar service during intake, prior to housing.(b) Each sheriff/ operator shall provide assistance to prisoners identified as veterans, identified through either self-report or the VRSS, in applying for federal benefits or compensation for which the prisoners may be eligible under a program administered by the United States Department of Veterans Affairs. Assistance includes, but not limited to, direct assistance by qualified claims counselor, issuance of a referral card, or similar assistance.(c) Each sheriff shall maintain a log of positive VRSS returns with identifying prisoner number and whether a referral card was issued to the identified veteran prior to his or her release. If a referral card was not issued, a reason shall be provided on the log. A report shall be provided to the Texas Veterans Commission of positive identification of veteran status weekly.</content><note type="source"><p>Source Note: The provisions of this §265.13 adopted to be effective December 22, 2015, 40 TexReg 9305; amended to be effective December 30, 2025, 50 TexReg 8625.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c267"><num value="267">CHAPTER 267</num><heading>RELEASE</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c267/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c267/sc/s267.1"><num value="267.1">§267.1</num><heading>Identification</heading><content>The releasing officer shall determine inmate identity before discharge or release.</content><note type="source"><p>Source Note: The provisions of this §267.1 adopted to be effective December 20, 1994, 19 TexReg 9648.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c267/sc/s267.2"><num value="267.2">§267.2</num><heading>Authorization</heading><content>The releasing officer shall be certain that authorized release orders have been presented for the discharge or release of the inmate.</content><note type="source"><p>Source Note: The provisions of this §267.2 adopted to be effective December 20, 1994, 19 TexReg 9648.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c267/sc/s267.3"><num value="267.3">§267.3</num><heading>Search</heading><content>All inmates being released to other custody shall be searched by the releasing agency.</content><note type="source"><p>Source Note: The provisions of this §267.3 adopted to be effective December 20, 1994, 19 TexReg 9648.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c267/sc/s267.4"><num value="267.4">§267.4</num><heading>Record</heading><content>A record shall be kept of the release order and the time of release.</content><note type="source"><p>Source Note: The provisions of this §267.4 adopted to be effective December 20, 1994, 19 TexReg 9648.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c267/sc/s267.5"><num value="267.5">§267.5</num><heading>Property Return</heading><content>All inmates being discharged or released from the facility shall sign a receipt for property returned. In the event an inmate refuses to sign the property return receipt, the releasing officer, with a witness present, shall note the refusal and sign the receipt.</content><note type="source"><p>Source Note: The provisions of this §267.5 adopted to be effective December 20, 1994, 19 TexReg 9648.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c267/sc/s267.6"><num value="267.6">§267.6</num><heading>Inmate Release Times</heading><content>(a) A facility shall release an inmate at any time beginning at 6 a.m. and ending at 5 p.m. on the day the inmate discharges the inmate's sentence.(b) A facility may credit an inmate with no more than 18 hours of time served and release the inmate at any time beginning at 6 a.m. and ending at 5 p.m. on the day preceding the day on which the inmate discharges the inmate's sentence.(c) A facility may release an inmate from county jail after 5 p.m. and before 6 a.m. if the inmate:(1) posts a bond;(2) agrees to or requests a release after 5 p.m. and before 6 a.m.;(3) is subject to an arrest warrant issued by another county and is being released for purposes of executing that arrest warrant;(4) is being transferred to the custody of another state, a unit of the federal government, or a facility operated by or under contract with the Texas Department of Criminal Justice; or(5) is being admitted to an inpatient mental health facility or a state supported living center for court-ordered mental health or intellectual disability services.</content><note type="source"><p>Source Note: The provisions of this §267.6 adopted to be effective November 28, 2019, 44 TexReg 7408.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c269"><num value="269">CHAPTER 269</num><heading>RECORDS AND PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c269/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL</heading><section identifier="/us/state/tx/tac/t37/p9/c269/scA/s269.1"><num value="269.1">§269.1</num><heading>Record System</heading><content>The sheriff/operator shall maintain the following records:(1) a daily record of the number of inmates in the facility;(2) a record on each inmate including:(A) intake;(B) identification;(C) classification;(D) property;(E) discipline;(F) grievance;(G) commissary;(H) medical;(I) incidents or unusual occurrences;(J) release;(K) documentation relating to the continued custody of inmates; and(L) receipts and expenditures of inmate accounts.(3) a separate written record of all incidents which result in physical harm or serious threat of physical harm to an employee, visitor, or inmate in a facility. Such record shall include the names of the persons involved, a description of the incident, the actions taken, and the date and time of the occurrence. Such a written record shall be prepared and submitted to the sheriff/operator within 24 hours of the incident.(4) Escape From Custody Report.(A) The Texas Commission on Jail Standards shall be notified of all escapes from a facility within 24 hours of the escape.(B) A report of the escape shall be made available for review by Commission staff upon request.(5) Deaths in Custody.(A) The Texas Commission on Jail Standards shall be notified of all deaths of inmates while in the custody of sheriff/operator within 24 hours of the death.(B) The Commission shall appoint a law enforcement agency, other than the local law enforcement agency that operates the county jail, to investigate the death.(C) Upon conclusion of the investigation by the designated law enforcement agency, the report shall be submitted to the Texas Commission on Jail Standards.(6) Information on Licensed Jailer Turnover Report. On or before the fifth day of each month, each jail under the Commission's purview shall submit a report, on a form prescribed by the Commission, the number of licensed jailers who left employment at the jail during the previous month.(7) Serious Incidents Report. Information on Serious Incidents Report. On or before the fifth day of each month, the sheriff/operator of each county jail shall report to the Commission, on a form prescribed by the Commission, regarding the occurrence during the preceding month any incidents involving an inmate in the county jail as required by §511.020.(8) The sheriff/operator shall submit the following reports in electronic format as prescribed by the Commission:(A) Population Report;(B) Immigration/Detainer Report;(C) Paper-ready Report;(D) Licensed Jailer Turnover Rate Report;(E) Pregnant Inmates Report;(F) Death In Custody Report;(G) Escape Report; and(H) Serious Incident Report.(9) A sheriff/operator may submit the reports listed under paragraph (8) of this subsection in non-electronic format; however, the Commission will charge an administrative processing fee in accordance with the fee schedule established for this section.</content><note type="source"><p>Source Note: The provisions of this §269.1 adopted to be effective December 20, 1994, 19 TexReg 9648; amended to be effective May 19, 2002, 27 TexReg 4164; amended to be effective October 16, 2007, 32 TexReg 7267; amended to be effective December 30, 2009, 34 TexReg 9482; amended to be effective December 4, 2011, 36 TexReg 8043; amended to be effective January 1, 2018, 42 TexReg 6630; amended to be effective November 28, 2019, 44 TexReg 7408.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scA/s269.2"><num value="269.2">§269.2</num><heading>Fiscal</heading><content>Each sheriff/operator should maintain fiscal records which will clearly indicate the costs for the facility. Such records should include feeding and clothing outlay and other program costs. Each county auditor shall submit to the commission a copy of the annual financial audit of general operations of the jail not later than ten days after completing the audit.</content><note type="source"><p>Source Note: The provisions of this §269.2 adopted to be effective December 20, 1994, 19 TexReg 9648; amended to be effective December 27, 1995, 20 TexReg 10620.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scA/s269.3"><num value="269.3">§269.3</num><heading>Weapons/Ammunition Procedure</heading><content>Weapons shall not be permitted beyond the security perimeter. Ammunition should not be permitted beyond the security perimeter. Each facility shall have and implement a written policy available for commission review regarding ammunition.</content><note type="source"><p>Source Note: The provisions of this §269.3 adopted to be effective May 3, 1995, 20 TexReg 2866.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scA/s269.4"><num value="269.4">§269.4</num><heading>Equitable Treatment</heading><content>Each Sheriff/operator shall have and implement a written procedure providing for equitable treatment regardless of race, religion, national origin, gender, age, or disabilities. The treatment of inmates with disabilities shall be in accordance with Title II, Subtitle A, of the Americans with Disabilities Act, 42 United States Code §§35.101-35.190</content><note type="source"><p>Source Note: The provisions of this §269.4 adopted to be effective August 16, 1996, 21 TexReg 7566; amended to be effective March 14, 1999, 24 TexReg 1638; amended to be effective December 22, 1999, 24 TexReg 11518.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c269/scB"><num value="B">SUBCHAPTER B</num><heading>JAIL POPULATION REPORTS</heading><section identifier="/us/state/tx/tac/t37/p9/c269/scB/s269.10"><num value="269.10">§269.10</num><heading>General</heading><content>The commission is required by Government Code, Chapter 499, §499.122 (concerning Inmate Counts) to analyze monthly the population of each jail.</content><note type="source"><p>Source Note: The provisions of this §269.10 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scB/s269.11"><num value="269.11">§269.11</num><heading>Reports</heading><content>(a) Each sheriff shall submit to the commission reports for each month indicating the number and type of inmates confined in the jail.(b) Reports shall be delivered to the commission not later than five days after the last day of the reporting month.(c) The sheriff shall certify over his signature that the information provided in each report is complete and accurate.</content><note type="source"><p>Source Note: The provisions of this §269.11 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scB/s269.12"><num value="269.12">§269.12</num><heading>Forms</heading><content>The commission adopts by reference Form PR-1, Monthly Paper Ready Inmate Report, Form PR-2, Monthly Paper-Ready Inmate Roster, and Form POP-2, Jail Population Report. Copies of the forms are available at the offices of the Texas Commission on Jail Standards at 300 West 15th Street, Suite 503, Austin, Texas 78701 or the agency website at www.tcjs.state.tx.us. Each sheriff shall utilize the referenced forms or similar forms, approved by the Executive Director, for submission of monthly reports.</content><note type="source"><p>Source Note: The provisions of this §269.12 adopted to be effective February 26, 1996, 21 TexReg 1284; amended to be effective April 10, 2013, 38 TexReg 2227.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scB/s269.13"><num value="269.13">§269.13</num><heading>Records</heading><content>Each sheriff shall maintain complete records of the information required under §269.11 of this title (relating to Reports) and make the records available to commission staff upon request for review. The sheriff shall retain completed copies of each inmate's TDCJ-ID Document Checklist and copies of issued white warrants for a period of one year from the date of transfer or release of the inmate from the jail.</content><note type="source"><p>Source Note: The provisions of this §269.13 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scB/s269.14"><num value="269.14">§269.14</num><heading>Revisions</heading><content>The sheriff shall notify the commission immediately upon determination that an inaccurate report, required under §269.11 of this title (relating to Reports), was submitted by the sheriff to the commission. Revised complete reports shall be submitted to the commission within 60 days of the end of the affected reporting period indicating the correct information for all paper ready inmates confined during the reporting period.</content><note type="source"><p>Source Note: The provisions of this §269.14 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c269/scC"><num value="C">SUBCHAPTER C</num><heading>TRANSFER OF FELONY BACKLOG</heading><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.20"><num value="269.20">§269.20</num><heading>General</heading><content>The commission is required by Government Code, Chapter 499, §499.125 (concerning the Transfer of Felony Backlog) to transfer inmates awaiting transfer to the Texas Department of Criminal Justice-Institutional Division (TDCJ-ID) from an applicable county jail to appropriate facilities.</content><note type="source"><p>Source Note: The provisions of this §269.20 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.21"><num value="269.21">§269.21</num><heading>Applicable County Jail</heading><content>A jail is an applicable county jail when the commission determines that a jail meets the following criteria:(1) a state or federal court determines that conditions in a county jail are unconstitutional;(2) on or after October 1, 1991, the percentage of inmates in the jail awaiting transfer to the TDCJ-ID is 20% or more of the total number of inmates in the jail.</content><note type="source"><p>Source Note: The provisions of this §269.21 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.22"><num value="269.22">§269.22</num><heading>Appropriate Facility</heading><content>The Executive Director will develop a list of facilities which are appropriate to house the transferred inmates following determination by the commission that a jail is an applicable county jail. An appropriate jail may include a jail, detention center, work camp, or correctional facility.</content><note type="source"><p>Source Note: The provisions of this §269.22 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.23"><num value="269.23">§269.23</num><heading>Administrative Order</heading><content>The commission will issue to the sheriff and commissioners court (by and through the county judge) of an applicable county jail upon determination by the commission that the jail meets the criteria of §269.21 of this title (relating to Applicable County Jail) a written administrative order to transfer felony backlog inmates to appropriate facilities.</content><note type="source"><p>Source Note: The provisions of this §269.23 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.24"><num value="269.24">§269.24</num><heading>Request for Hearing</heading><content>The sheriff or commissioners court of an applicable county jail to which the commission has issued an administrative order may, within 15 days after the date of the order, request a hearing upon any matter of fact or law with which he or the court disagrees. The request for hearing shall be in writing and shall comply with §297.8 of this title (relating to Request for Hearing). Upon receipt of a timely request for hearing, the commission may schedule a hearing to be conducted at a regular or special meeting of the commission.</content><note type="source"><p>Source Note: The provisions of this §269.24 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.25"><num value="269.25">§269.25</num><heading>Amendments to Administrative Orders</heading><content>The commission may review and amend an administrative order as necessitated by changes in the status of court orders, jail population, jail conditions, availability of appropriate facilities or other conditions, by commission action at a regular or special meeting.</content><note type="source"><p>Source Note: The provisions of this §269.25 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.26"><num value="269.26">§269.26</num><heading>Limits of Transfer</heading><content>The commission will determine the number of inmates who shall be transferred from an applicable county jail and the frequency of transfers required to comply with this section and Government Code, Chapter 499, §499.125 (concerning Transfer of Felony Backlog).</content><note type="source"><p>Source Note: The provisions of this §269.26 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.27"><num value="269.27">§269.27</num><heading>Reports</heading><content>(a) The sheriff of an applicable county jail shall submit a report to the commission of transferred inmates on a form prescribed by the commission. The report shall be delivered to the commission not later than five days after the date of each transfer of inmates.(b) The sheriff of a county for which an appropriate facility receiving transferred inmates is operated shall submit a report and billing statement to the commission representing the costs of maintenance of transferred inmates on a form prescribed by the commission. The report and billing statement shall be submitted not later than five days after the first and 15th day of each month.(c) Sheriffs may submit reports on forms produced by automated data processing equipment which provide required information when approved by the Executive Director. Such approved reports shall be considered forms prescribed by the commission.(d) A county is not eligible for payment under this section if reports are not submitted by the sheriff or if information required by the form(s) is not complete.</content><note type="source"><p>Source Note: The provisions of this §269.27 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.28"><num value="269.28">§269.28</num><heading>Payments</heading><content>The commission is liable to a county operating a facility receiving transferred inmates for payment of the costs of maintenance of transferred inmates. The commission is liable to counties for the payment of costs of transportation of transferred inmates.</content><note type="source"><p>Source Note: The provisions of this §269.28 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.29"><num value="269.29">§269.29</num><heading>Determination of Costs</heading><content>(a) The costs of maintenance shall be the actual costs, as determined by the agreement between the Texas Board of Criminal Justice and the county operating the appropriate facility receiving transferred inmates.(b) The costs of transportation shall be the agreed cost between the transporting county and the commission. Such costs shall be determined and agreed upon by the commission and the transporting county prior to the movement of inmates. The cost of transportation may be adjusted as appropriate when evidenced by sufficient documentation and approved by the commission.</content><note type="source"><p>Source Note: The provisions of this §269.29 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.30"><num value="269.30">§269.30</num><heading>Felony Backlog Inmates</heading><content>This chapter is applicable only to the transfer of inmates confined in a jail who are awaiting transfer to the TDCJ-ID following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and to whom all paperwork and processing required under Code of Criminal Procedure, Article 42.09, §8(a) (concerning Commencement of Sentence and Delivery to Place of Confinement) for transfer have been completed.</content><note type="source"><p>Source Note: The provisions of this §269.30 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.31"><num value="269.31">§269.31</num><heading>Forms</heading><content>The commission adopts by reference Inmate Transfer Roster (form ITR-1) and Transferred Inmate Maintenance Report (form Trans-1). Copies of the forms are available at the offices of the Texas Commission on Jail Standards at 300 West 15th Street, Suite 503, Austin, Texas 78701.</content><note type="source"><p>Source Note: The provisions of this §269.31 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scC/s269.32"><num value="269.32">§269.32</num><heading>Order To Accept Inmates</heading><content>The commission may order the sheriff and commissioners court (by and through the county judge) of a county to accept inmates transferred under this chapter when the commission determines that the housing of transferred inmates in a facility operated by or for the county is necessary in order to effectuate the mandated authority of the commission to transfer inmates in accordance with Government Code, Chapter 499, §499.125 (concerning Transfer of Felony Backlog).</content><note type="source"><p>Source Note: The provisions of this §269.32 adopted to be effective February 26, 1996, 21 TexReg 1284.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p9/c269/scE"><num value="E">SUBCHAPTER E</num><heading>REPORT ON RESTRAINT OF PREGNANT INMATES</heading><section identifier="/us/state/tx/tac/t37/p9/c269/scE/s269.50"><num value="269.50">§269.50</num><heading>Review</heading><content>The Commission is required by Government Code, Chapter 511, §511.0105 to collect and review reports on the use of restraints on pregnant inmates.</content><note type="source"><p>Source Note: The provisions of this §269.50 adopted to be effective November 28, 2019, 44 TexReg 7409.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scE/s269.51"><num value="269.51">§269.51</num><heading>Submission</heading><content>No later than February 1 of each year, each facility under the Commission's purview shall submit a report regarding the facility's use, during the preceding calendar year, of any type of restraints to control or restrict the movement of an inmate, including a limb or other part of the inmate, who is confirmed to be pregnant or who gave birth in the preceding 12 weeks.</content><note type="source"><p>Source Note: The provisions of this §269.51 adopted to be effective November 28, 2019, 44 TexReg 7409.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scE/s269.52"><num value="269.52">§269.52</num><heading>Content</heading><content>The report shall include the circumstances of each use of restraints, including:(1) the specific type of restraints used;(2) what activity the inmate was engaged in immediately before being restrained;(3) whether the inmate was restrained during or after delivery;(4) whether the inmate was restrained while being transported to a local hospital; and(5) the reasons supporting the determination to use the restraints, a description of the process by which the determination was made, and the name and title of the person or persons making the determination.</content><note type="source"><p>Source Note: The provisions of this §269.52 adopted to be effective November 28, 2019, 44 TexReg 7409.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c269/scE/s269.53"><num value="269.53">§269.53</num><heading>Form</heading><content>The commission shall prescribe a form for the report required for this section.</content><note type="source"><p>Source Note: The provisions of this §269.53 adopted to be effective November 28, 2019, 44 TexReg 7409.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c271"><num value="271">CHAPTER 271</num><heading>CLASSIFICATION AND SEPARATION OF INMATES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c271/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.1"><num value="271.1">§271.1</num><heading>Objective Classification Plan</heading><content>(a) Each sheriff/operator shall develop and implement an objective classification plan approved by the Commission by January 1, 1997. The plan shall include principles, procedures, instruments and explanations for classification assessments, housing assignments, reassessments and inmate needs. Plans utilizing an approved objective classification system shall be submitted and approved by the Commission. The following principles and procedures shall be addressed:(1) inmates shall be classified and housed in the least restrictive housing available without jeopardizing staff, inmates or the public, utilizing risk factors which include any or all of the following:(A) current offense or conviction;(B) offense history;(C) escape history;(D) institutional disciplinary history;(E) prior convictions;(F) alcohol and/or drug abuse; and(G) stability factors.(2) classification criteria shall not include race, ethnicity or religious preference;(3) custody levels and special housing needs shall be assessed to include minimum, medium and maximum custody levels and the placement and release of inmates to and from special units including protective custody, administrative separation, disciplinary separation and mental and medical health housing including known pregnant inmates;(4) minimum and maximum custody level inmates shall be housed separately. All other custody level inmates should be housed separately. When under direct, visual supervision, inmates of different custody levels may simultaneously participate in work and program activities;(5) juveniles shall be separated by sight and sound from adults in accordance with the Family Code, §51.12;(6) female inmates shall be separated by sight and sound from male inmates. When under direct, visual and proximate supervision, males and females may simultaneously participate in work and program activities;(7) when housed together and separately from all other inmates, contracted TDCJ-ID and federal inmates may be classified solely by approved TDCJ-ID and federal classification policies and procedures, respectively. Housing units for contracted TDCJ-ID and federal inmates shall be approved by TDCJ-ID and federal officials, respectively, to ensure that the inmates' custody level does not exceed the construction security level of the assigned housing;(8) the following shall apply to prisoners in transit:(A) an inmate is a prisoner in transit if the agency charged with the custody of the inmate is transporting the inmate from one jail or detention facility to another jail or detention facility;(B) when housed together and separately from all other inmates, prisoners in transit transported by another agency may be temporarily housed in a facility if the transporting agency provides a written statement that the prisoners can be safely housed together;(C) when housed they shall be confined in maximum construction level housing;(D) females shall be separated by sight and sound from males;(E) observation shall be performed at least every 30 minutes;(F) they shall not be held in a facility for more than 48 consecutive hours;(G) the facility providing temporary housing is not required to check prisoners in transit against the Department of State Health Services' CCQ system to determine if the prisoner has previously received state mental healthcare; and(H) a transporting agency may include a private correctional company engaged in the transportation of prisoners;(9) persons assigned to a detoxification cell shall be transferred to a housing or holding area as soon as they can properly care for themselves;(10) the status of persons confined to a violent cell shall be reassessed and documented at least every 24 hours for continuance of status;(11) inmates who require protection or those who require separation to protect the safety and security of the facility may be housed in administrative separation. The status of inmates placed in administrative separation shall be reviewed and documented at least every 30 days for continuance of status. Inmates housed in administrative separation shall retain access to services and activities, unless the continuance of the services and activities would adversely affect the safety and security of the facility; and(12) single cells may be utilized for disciplinary or administrative separation. Inmates in administrative separation shall be provided access to a day room for at least one hour each day. Inmates in disciplinary separation shall be provided a shower every other day.(b) The following classification procedures shall be conducted utilizing the approved classification instruments.(1) Intake Screening. To be completed immediately on all inmates admitted for purposes of identifying any medical, mental health or other special needs that require placing inmates in special housing units;(2) Initial Custody Assessment. To be completed on all newly admitted inmates prior to housing assignments to determine custody levels.(3) Custody Reassessment/Review. A custody reassessment shall be conducted within 30 - 90 days of the Initial Custody Assessment and immediately upon any disciplinary action and/or change in legal status which would affect classification. A documented classification review to determine the necessity for a complete reassessment shall be conducted every 30 - 90 days thereafter.(c) A Needs Assessment Instrument may be used to assess the needs and qualifications of inmates for participation in vocational, educational, mental health, substance abuse and other treatment or work programs.</content><note type="source"><p>Source Note: The provisions of this §271.1 adopted to be effective December 27, 1995, 20 TexReg 10620; amended to be effective June 14, 1996, 21 TexReg 5004; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective May 3, 2000, 25 TexReg 3795; amended to be effective May 1, 2008, 33 TexReg 3446; amended to be effective December 30, 2009, 34 TexReg 9482; amended to be effective January 1, 2014, 38 TexReg 9625.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.2"><num value="271.2">§271.2</num><heading>Housing Scheme</heading><content>Each sheriff/operator shall establish a housing scheme designating the construction security level (minimum, medium, maximum) of each facility, housing unit and bed. Custody level assignments shall not exceed the construction security level.</content><note type="source"><p>Source Note: The provisions of this §271.2 adopted to be effective December 27, 1995, 20 TexReg 10620; amended to be effective June 14, 1996, 21 TexReg 5004.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.3"><num value="271.3">§271.3</num><heading>Training</heading><content>The plan shall provide that all staff whose duties include classification, shall undergo at least four hours of training on the principles, procedures and instruments for classification assessments, housing assignments, reassessments and inmate needs.</content><note type="source"><p>Source Note: The provisions of this §271.3 adopted to be effective December 27, 1995, 20 TexReg 10620; amended to be effective June 14, 1996, 21 TexReg 5004; amended to be effective December 22, 1999, 24 TexReg 11519.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.4"><num value="271.4">§271.4</num><heading>Appeals</heading><content>The plan shall provide that a documented appeals process shall be provided for classification assessments, reassessments, housing, work and program assignments.</content><note type="source"><p>Source Note: The provisions of this §271.4 adopted to be effective December 27, 1995, 20 TexReg 10620; amended to be effective June 14, 1996, 21 TexReg 5004; amended to be effective December 22, 1999, 24 TexReg 11519.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.5"><num value="271.5">§271.5</num><heading>Validation</heading><content>Prior to implementation, classification instruments other than those recommended by the commission and documentation of validation shall be submitted for approval.</content><note type="source"><p>Source Note: The provisions of this §271.5 adopted to be effective June 14, 1996, 21 TexReg 5004.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.6"><num value="271.6">§271.6</num><heading>Records</heading><content>Records shall be maintained on classification assessments, housing, work and program assignments, reassessments and appeals.</content><note type="source"><p>Source Note: The provisions of this §271.6 adopted to be effective June 14, 1996, 21 TexReg 5004.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c271/sc/s271.7"><num value="271.7">§271.7</num><heading>Audit</heading><content>The plan shall provide that an annual, internal audit shall be conducted on the classification system. Audit records shall be maintained for Commission review. The audit shall assess the following features of the objective classification system:(1) inmates are classified prior to placement in inmate housing;(2) inmates are housed according to their assigned custody levels;(3) the override rate is acceptable; and(4) classification instruments are completed in an accurate and timely manner.</content><note type="source"><p>Source Note: The provisions of this §271.7 adopted to be effective June 14, 1996, 21 TexReg 5004; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective May 3, 2000, 25 TexReg 3795.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c273"><num value="273">CHAPTER 273</num><heading>HEALTH SERVICES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c273/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.1"><num value="273.1">§273.1</num><heading>Health Services</heading><content>The owner/operator of each facility shall provide medical, mental, and dental services in accordance with the approved health services plan. These services may include, but shall not be limited to, the services of a licensed physician, professional and allied health personnel, hospital, or similar services.</content><note type="source"><p>Source Note: The provisions of this §273.1 adopted to be effective December 20, 1994, 19 TexReg 9650.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.2"><num value="273.2">§273.2</num><heading>Health Services Plan</heading><content>Each facility shall have and implement a written plan, approved by the Commission, for inmate medical, mental, and dental services. The plan shall:(1) provide procedures for regularly scheduled sick calls;(2) provide procedures for referral for medical, mental, and dental services;(3) provide procedures for efficient and prompt care for acute and emergency situations;(4) provide procedures for long-term, convalescent, and care necessary for disabled inmates;(5) provide procedures for medical, to include obstetrical and gynecological care, mental, nutritional requirements, special housing and appropriate work assignments and the documented use of restraints during labor, delivery and recovery for known pregnant inmates. A sheriff/operator shall notify the commission of any changes in policies and procedures in the provision of health care to pregnant prisoners. A sheriff/operator shall notify the commission of any changes in policies and procedures in the placement of a pregnant prisoner in administrative separation. As soon as practicable after receiving a report of a miscarriage or physical or sexual assault of a pregnant inmate while in the custody of a county jail, the sheriff shall ensure that an obstetrician or gynecologist and a mental health professional promptly:(A) review the health care services provided to the prisoner; and(B) order additional health care services, including obstetrical and gynecological services and mental health services, as appropriate.(6) provide procedures for the control, distribution, secured storage, inventory, and disposal of prescriptions, syringes, needles, and hazardous waste containers;(7) provide procedures for the distribution of prescriptions in accordance with written instructions from a physician by an appropriate person designated by the sheriff/operator;(8) provide procedures for the control, distribution, and secured storage of over-the-counter medications;(9) provide procedures for the rights of inmates to refuse health care in accordance with informed consent standards for certain treatments and procedures (in the case of minors, the informed consent of a parent, guardian, or legal custodian, when required, shall be sufficient);(10) provide procedures for all examinations, treatments, and other procedures to be performed in a reasonable and dignified manner and place;(11) provide that adequate first aid equipment and patient evacuation equipment be on hand at all times;(12) provide procedures that shall require that a qualified medical professional shall review as soon as possible any prescription medication an inmate is taking when the inmate is taken into custody. These procedures shall include providing each prescription medication that a qualified medical professional or mental health professional determines is necessary for the care, treatment, or stabilization of an inmate with mental illness;(13) provide procedures that shall give inmates the ability to access a mental health professional at the jail or through a telemental health service 24 hours a day and approved by the Commission by August 31, 2020. If a mental health professional is not present at the county jail at the time or available by telemental health services, then require the jail to provide the inmate access to, at a minimum, a qualified mental health professional (as defined by 25 TAC §412.303(48)) within a reasonable time;(14) provide procedures that shall give prisoners the ability to access a health professional at the jail or through a telehealth service 24 hours a day or, if a health professional is unavailable at the jail or through a telehealth service, provide for a prisoner to be transported to access a health professional and approved by the Commission by August 31, 2020; and(15) provide procedures to train staff to identify when a pregnant inmate is in labor and provide access to appropriate care. Inmates shall be promptly transported to a local hospital when they state that they are in labor or are determined by a person at the level of emergency medical technician or above to be in labor.</content><note type="source"><p>Source Note: The provisions of this §273.2 adopted to be effective December 20, 1994, 19 TexReg 9650; amended to be effective December 30, 2009, 34 TexReg 9482; amended to be effective September 12, 2012, 37 TexReg 7196; amended to be effective December 22, 2015, 40 TexReg 9305; amended to be effective January 1, 2018, 42 TexReg 6631; amended to be effective August 26, 2018, 43 TexReg 5541; amended to be effective November 28, 2019, 44 TexReg 7409; amended to be effective March 29, 2022, 47 TexReg 1625; amended to be effective March 1, 2023, 48 TexReg 1153.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.3"><num value="273.3">§273.3</num><heading>Health Instructions</heading><content>All medical instructions of designated physicians shall be followed.</content><note type="source"><p>Source Note: The provisions of this §273.3 adopted to be effective December 20, 1994, 19 TexReg 9650.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.4"><num value="273.4">§273.4</num><heading>Health Records</heading><content>(a) The health services plan shall include procedures for the maintenance of a separate health record on each inmate. The record shall include a health screening procedure administered by health personnel or by a trained booking officer upon the admission of the inmate to the facility and shall cover, but shall not be limited to, the following items:(1) health history;(2) current illnesses (prescriptions, special diets, and therapy);(3) known pregnancy;(4) current medical, mental, and dental care and treatment;(5) behavioral observation, including state of consciousness and mental status;(6) inventory of body deformities, ease of movement, markings, condition of body orifices, and presence of lice and vermin.(b) Separate health records shall reflect all subsequent findings, diagnoses, treatment, disposition, special housing assignments, medical isolation, distribution of medications, and the name of any institution to which the inmate's health record has been released.(c) The Texas Uniform Health Status Update form, in the format prescribed by the Commission, shall be completed and forwarded to the receiving criminal justice entity at the time an inmate is transferred or released from custody.(d) Each facility shall report to the Department of State Health Services (DSHS) the release of an inmate who is receiving treatment for tuberculosis in accordance with DSHS Guidelines.</content><note type="source"><p>Source Note: The provisions of this §273.4 adopted to be effective December 20, 1994, 19 TexReg 9650; amended to be effective September 1, 1998, 23 TexReg 8845; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective November 1, 2004, 29 TexReg 10141; amended to be effective December 30, 2009, 34 TexReg 9483.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.5"><num value="273.5">§273.5</num><heading>Mental Disabilities/Suicide Prevention Plan</heading><content>(a) Each sheriff/operator shall develop and implement a mental disabilities/suicide prevention plan, in coordination with available medical and mental health officials, approved by the Commission by March 31, 1997. The plan shall address the following principles and procedures:(1) Training. Provisions for staff training (including frequency and duration) on the procedures for recognition, supervision, documentation, and handling of inmates who are mentally disabled and/or potentially suicidal. Supplemental training should be provided to those staff members responsible for intake screening;(2) Identification. Procedures for intake screening to identify inmates who are known to be or observed to be mentally disabled and/or potentially suicidal and procedures for compliance with Code of Criminal Procedure Article 16.22 and referrals to available mental health officials;(3) Communication. Procedures for communication of information relating to inmates who are mentally disabled and/or potentially suicidal;(4) Housing. Procedures for the assignment of inmates who are mentally disabled and/or potentially suicidal to appropriate housing;(5) Supervision. Provisions for adequate supervision of inmates who are mentally disabled and/or potentially suicidal and procedures for documenting supervision;(6) Intervention and Emergency Treatment. Procedures for staff intervention prior to the occurrence of a suicide and during the progress of a suicide attempt, or serious deterioration of mental condition;(7) Reporting. Procedures for reporting of completed suicides to appropriate outside authorities and family members; and(8) Follow-Up Review. Procedures for follow-up review of policies by the sheriff/operator and mental health and medical officials following all attempted or completed suicides.(b) Screening Instrument. An approved mental disabilities/suicide prevention screening instrument shall be completed immediately on all inmates admitted.(c) Mental Health/Intellectual and Developmental Disabilities History Check. Each jail shall:(1) check each inmate upon intake into the jail against the Texas Health and Human Services Commission CCQ system to determine if the inmate has previously received state mental healthcare or has a known intellectual or developmental disability, unless the inmate is being housed as an out of state inmate or a federal inmate on a contractual basis;(2) maintain documentation to be available at the time of inspection showing that information for each inmate designated in paragraph (1) of this subsection was submitted for CCQ/IDD system checks, to include notification to the magistrate and the Local Mental Health Authority or Local Intellectual and Developmental Disabilities Authority as per CCP 16.22(a)(1); and(3) include any relevant mental health or intellectual and developmental disability information on the mental health screening instrument and, if sentenced to the Department of Criminal Justice, on the Uniform Health Status form.</content><note type="source"><p>Source Note: The provisions of this §273.5 adopted to be effective December 20, 1994, 19 TexReg 9650; amended to be effective October 23, 1996, 21 TexReg 10439; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective December 17, 2006, 31 TexReg 10100; amended to be effective May 1, 2008, 33 TexReg 3446; amended to be effective December 30, 2009, 34 TexReg 9483; amended to be effective December 9, 2010, 35 TexReg 10770; amended to be effective April 10, 2013, 38 TexReg 2228; amended to be effective March 4, 2021, 46 TexReg 1385.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.6"><num value="273.6">§273.6</num><heading>Restraints</heading><content>Inmates exhibiting behavior indicating that they are a danger to themselves or others shall be managed in such a way as to minimize the threat of injury or harm. If restraints are determined to be necessary, they shall be used in a humane manner, only for the prevention of injury, and not as a punitive measure.(1) The decision to apply restraints shall be made by supervisory or medical personnel. Appropriate staff should assess the inmate's medical condition.(2) Restraints should restrict movement of an inmate only to the degree necessary to avoid injurious behavior. Soft or padded restraints should be used when feasible. Inmates shall not be restrained in a position or manner that would exacerbate any physical infirmities.(3) A documented observation of the inmate shall be conducted every 15 minutes, at a minimum. The observations should include an assessment of the security of the restraints and the circulation to the extremities.(4) The inmate should receive medical care a minimum of every 2 hours, to include changing position, exercising extremities, offering nourishment and liquids, offering toilet facilities, checking for medication needs, and taking vital signs. These checks shall be documented.(5) Documentation of use of restraints shall include, but not be limited to the following: the events leading up to the need for restraints, the time the restraints were applied, the justification for their use, observations of the inmate's behavior and condition, the 15-minute checks and the time the restraints were removed.(6) A jail shall not use restraints on a inmate confirmed to be pregnant or who gave birth in the preceding 12 weeks for the duration of the pregnancy and for a period of not less than 12 weeks after the inmate gives birth:(A) unless supervisory personnel determine that the use of restraints is necessary to prevent an immediate and credible risk that the inmate will attempt to escape; or the inmate poses an immediate and serious threat to the health and safety of the inmate, staff, or any member of the public; or(B) unless a health care professional responsible for the health and safety of the inmate determines that the use of restraints is appropriate for the health and safety of the inmate and, if applicable, the unborn child of the inmate.(7) If the determination to utilize restraints in accordance with paragraph (6)(A) or (B) of this section is made, a jail shall use the least restrictive restraints necessary to prevent escape or to ensure health and safety; and at the request of a health care professional responsible for the health and safety of the inmate, jail staff shall refrain from using restraints on the inmate or shall remove the restraints.(8) Notwithstanding paragraph (6)(A) of this section, at the request of a health care professional responsible for the health and safety of the inmate, jail staff shall refrain from using restraints on the inmate or shall remove the restraints.(9) Use of restraints on pregnant inmates shall be documented and submitted as required by §269.50 of this title (relating to Restraints on Pregnant Inmates).(10) Restraints shall be removed from an inmate at the earliest possible time that the inmate no longer exhibits behavior necessitating restraint. In no case shall an inmate be kept in restraints longer than 24 hours.</content><note type="source"><p>Source Note: The provisions of this §273.6 adopted to be effective June 25, 2000, 25 TexReg 5917; amended to be effective September 12, 2012, 37 TexReg 7196; amended to be effective November 28, 2019, 44 TexReg 7410.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.7"><num value="273.7">§273.7</num><heading>Tuberculosis Screening Plan</heading><content>(a) Each facility having a capacity of 100 or more beds, or housing inmates transferred from a facility with a capacity of at least 100 beds or housing inmates from another state, shall develop and implement a plan for tuberculosis screening tests of employees, volunteers, and inmates. Inmates confined in the jail for more than 7 days shall be tested on or before the 7th day after the day of confinement. Inmates may be exempt from the screening test when the test conflicts with the tenets of an organized religion to which the individual belongs or when the test is contraindicated based on an examination by a physician. An inmate is not required to be retested at each rebooking if the inmate is booked into the facility more than once during a 12-month period, unless the inmate shows symptoms of or is known to have been exposed to tuberculosis.(b) The tuberculosis screening plan shall be developed and implemented in accordance with 25 TAC §§97.171 - 97.180 (relating to Communicable Diseases) and the Texas Health and Safety Code, §§89.001 - 89.102 and shall be approved by the appropriate branch of the Department of State Health Services prior to use. The plan shall be made available to the Commission upon request. A copy of an inmate's medical records or documentation of screenings or treatment received during confinement shall accompany an inmate transferred from one correctional facility to another or to TDCJ-ID and be available for medical review upon arrival of the inmate.</content><note type="source"><p>Source Note: The provisions of this §273.7 adopted to be effective June 25, 2000, 25 TexReg 5917; amended to be effective May 3, 2009, 34 TexReg 2680; amended to be effective December 22, 2020, 45 TexReg 9231.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c273/sc/s273.8"><num value="273.8">§273.8</num><heading>Memorandum of Understanding</heading><content>For the purpose of establishing a continuity of care system for offenders with mental impairments, elderly, physically disabled, terminally ill, or significantly ill, the Texas Correctional Office on Offenders with Medical and Mental Impairments (TCOOMMI) and the Texas Commission on Law Enforcement (TCOLE) and the Texas Commission on Jail Standards (TCJS) agree to the following Memorandum of Understanding.(1) Authority and Purpose. Senate Bill 252, Acts 1993, 73rd Legislature, Chapter 488, 1, codified as Texas Health and Safety Code, §614.013, authorizes TCOOMMI and TCOLE and the TCJS to establish a written Memorandum of Understanding that identifies methods for:(A) identifying offenders in the criminal justice system who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill;(B) developing procedures for the exchange of information relating to offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill by the TCOOMMI, TCOLE, and the TCJS for use in the continuity of care and services program; and(C) adopting rules and standards that assist in the development of a continuity of care and services program for offenders who are mentally impaired, elderly, physically disabled, terminally ill, or significantly ill.(2) All entities agree to the extent possible to:(A) enter into a Memorandum of Understanding fulfilling the statutory requirements and purposes of Texas Health and Safety Code, §614.013, as set forth in this section;(B) seek a statutory change in current statutes to allow for the exchange of information (including electronic) about offenders with special needs without consent of the individuals involved for the purpose of providing or coordinating services among the entities;(C) develop a system that provides for timely identification of offenders with special needs who come into contact with law enforcement or jail personnel;(D) submit a list of contact staff to the TCOOMMI who are responsible for responding to referrals and/or issues regarding persons with special needs;(E) distribute relevant training seminar and/or educational information towards improving each agency's knowledge and understanding of the identification and management of offenders with special needs;(F) develop and implement a standardized release of information form that can facilitate the exchange of client information;(G) inform the other of any proposed rule or standards changes which could affect the continuity of care system. Each agency shall be afforded 30 days after receipt of proposed change(s) to respond to the recommendations prior to the adoption;(H) provide ongoing status reports to TCOOMMI on the implementation of initiatives outlined in this Memorandum of Understanding; and(I) provide opportunities for cross-training for each other's staff.(3) TCOOMMI shall:(A) provide technical assistance toward the development of improved medical and psychiatric screening standards;(B) provide training and technical assistance to state or local law enforcement or jails on enhancing identification and management strategies for offenders with special needs;(C) develop a statewide directory of contact staff for distribution to state and local law enforcement and jail personnel;(D) monitor and coordinate the implementation of the activities of this Memorandum of Understanding;(E) provide reports to the Legislature on the status of implementation of activities; and(F) participate in any relevant research or studies relevant to offenders with special needs who come into contact with law enforcement or who are incarcerated in county jails.(4) TCOLE shall:(A) develop and publish a mental health officer training inservice curriculum to train law enforcement officers and county jailers;(B) establish a Mental Health Officer Certification Program; and(C) develop and publish an inservice training course for law enforcement officers and county jailers that is concerned with individuals with special needs.(5) TCJS shall:(A) develop mental health standards which address training needs, identification, communication, housing, supervision and referrals; and(B) provide technical assistance for local jails on management strategies for offenders with special needs.(6) Review and Monitoring.(A) TCOOMMI, TCOLE, and TCJS shall jointly monitor implementation of the continuity of care system as outlined in this Memorandum of Understanding. The intent of all agencies is to provide timely communication, discussion and resolution of transitional problems should any occur.(B) This Memorandum of Understanding shall be adopted by TCOOMMI, TCOLE, and TCJS. Subsequent to adoption, all parties to this memorandum shall annually review this memorandum and provide status reports to TCOOMMI. Amendments to this Memorandum of Understanding may be made at any time by mutual agreement to the parties.</content><note type="source"><p>Source Note: The provisions of this §273.8 adopted to be effective June 25, 2000, 25 TexReg 5917; amended to be effective January 1, 2014, 38 TexReg 9626; amended to be effective December 22, 2020, 45 TexReg 9231.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c275"><num value="275">CHAPTER 275</num><heading>SUPERVISION OF INMATES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c275/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.1"><num value="275.1">§275.1</num><heading>Regular Observation by Jailers</heading><content>Every facility shall have the appropriate number of jailers at the facility 24 hours each day. Facilities shall have an established procedure for documented, face-to-face observation of all inmates by jailers no less than once every 60 minutes. Observation shall be performed at least every 30 minutes in areas where inmates known to be assaultive, potentially suicidal, mentally ill, or who have demonstrated bizarre behavior are confined. There shall be a two-way voice communication capability between inmates and jailers, licensed peace officers, bailiffs, and designated staff at all times. Closed circuit television may be used, but not in lieu of the required personal observation. Electronic sensors or cameras capable of recording the required personal observations of inmates in high-risk cells or groups of cells shall be installed no later than August 31, 2020.</content><note type="source"><p>Source Note: The provisions of this §275.1 adopted to be effective December 20, 1994, 19 TexReg 9651; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective January 1, 2014, 38 TexReg 9626; amended to be effective August 26, 2018, 43 TexReg 5542; amended to be effective December 22, 2020, 45 TexReg 9231.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.2"><num value="275.2">§275.2</num><heading>Jailers Training and Licensing</heading><content>Personnel employed or appointed as jailers of county jails or personnel appointed, employed, or assigned to directly supervise jailers shall be licensed as per the requirements of the Texas Commission on Law Enforcement under the provisions of Part 7 of this title. Personnel employed or appointed as jailers or personnel appointed, employed, or assigned to directly supervise jailers at facilities operated under vendor contract with a county or city shall be licensed as per the requirements of the Texas Commission on Law Enforcement under the provisions of Part 7 of this title.</content><note type="source"><p>Source Note: The provisions of this §275.2 adopted to be effective December 20, 1994, 19 TexReg 9651; amended to be effective January 1, 2014, 38 TexReg 9626; amended to be effective December 22, 2020, 45 TexReg 9231.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.3"><num value="275.3">§275.3</num><heading>Temp Jailers May Not Supervise</heading><content>In accordance with Occupations Code 1701.310(f), a county jailer with a temporary license shall not be appointed as Jail Administrator or to any other supervisory position and shall not be assigned supervisory duties.</content><note type="source"><p>Source Note: The provisions of this §275.3 adopted to be effective December 19, 2021, 46 TexReg 8351.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.4"><num value="275.4">§275.4</num><heading>Staff</heading><content>Inmates shall be supervised by an adequate number of jailers to comply with state law and this chapter. One jailer shall be provided on each floor of the facility where 10 or more inmates are housed, with no less than 1 jailer per 48 inmates or increment thereof on each floor for direct inmate supervision. This jailer shall provide documented visual inmate supervision not less than once every 60 minutes. Sufficient staff to include supervisors, jailers and other essential personnel as accepted by the Commission shall be provided to perform required functions. A plan concurred in by both commissioners' court and sheriff's office, which provides for adequate and reasonable staffing of a facility, may be submitted to the Commission for approval. This rule shall not preclude the Texas Commission on Jail Standards from requiring staffing in excess of minimum requirements when deemed necessary to provide a safe, suitable, and sanitary facility nor preclude submission of variance requests as provided by statute or Chapter 299 of this title.</content><note type="source"><p>Source Note: The provisions of this §275.4 adopted to be effective December 20, 1994, 19 TexReg 9651; amended to be effective February 26, 1996, 21 TexReg 1285; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective January 1, 2014, 38 TexReg 9627.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.5"><num value="275.5">§275.5</num><heading>Census</heading><content>Inmates shall be physically counted by a jailer at frequent and regular intervals, no less than once per day.</content><note type="source"><p>Source Note: The provisions of this §275.5 adopted to be effective December 20, 1994, 19 TexReg 9651; amended to be effective January 1, 2014, 38 TexReg 9627.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.6"><num value="275.6">§275.6</num><heading>Searches for Contraband</heading><content>For the protection of jail personnel and inmates:(1) any items brought into the security perimeter of the facility by anyone should be searched for contraband;(2) any inmate who leaves the security perimeter of the facility shall be thoroughly searched for contraband before reentering the security perimeter;(3) there shall be regular and irregular searches of the entire facility area for contraband which shall be noted in a permanent facility record; and(4) searches for contraband should be timed so that they cannot be anticipated by the inmates.</content><note type="source"><p>Source Note: The provisions of this §275.6 adopted to be effective December 20, 1994, 19 TexReg 9651; amended to be effective December 22, 1999, 24 TexReg 11519; amended to be effective December 22, 2020, 45 TexReg 9231.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.7"><num value="275.7">§275.7</num><heading>Supervision Outside the Security Perimeter--Court Holding Cells</heading><content>Inmates shall be observed by a peace officer or a jailer licensed by the Texas Commission on Law Enforcement or bailiff when outside the security perimeter in court holding cells. The sheriff/operator shall have an established procedure for documented, face-to-face observation of all inmates no less than once every 30 minutes. One jailer, licensed peace officer, or bailiff shall be provided on each floor where 10 or more inmates are detained, with no less than one jailer, licensed peace officer, or bailiff per 48 inmates or increment thereof on each floor for direct inmate supervision. Where required, there shall be a two-way voice communication capability between inmates and jailers, licensed peace officers, or bailiffs at all times. Closed circuit television may be used, but not in lieu of the required personal observation.</content><note type="source"><p>Source Note: The provisions of this §275.7 adopted to be effective January 1, 2014, 38 TexReg 9627.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c275/sc/s275.8"><num value="275.8">§275.8</num><heading>Jail Administrator Examination</heading><content>A person appointed to the position of Jail Administrator after March 1, 2018, is required to satisfy the requirements of the Jail Administrator Examination as required by Texas Government Code §511.00905. A person appointed as Jail Administrator must satisfy this requirement within 180 days of his/her appointment. If the person appointed as jail administrator is unable to satisfy the requirements of the examination, he/she shall be immediately removed and may not serve as the jail administrator until he/she satisfies the examination requirements of this section.</content><note type="source"><p>Source Note: The provisions of this §275.8 adopted to be effective March 1, 2018, 43 TexReg 1139.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c277"><num value="277">CHAPTER 277</num><heading>CLOTHING, PERSONAL HYGIENE AND BEDDING</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c277/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.1"><num value="277.1">§277.1</num><heading>Inmate Clothing</heading><content>Standard facility clothing shall be issued to all inmates held over 48 hours. Additional appropriate clothing shall be issued to inmates participating in outside activities during inclement weather.</content><note type="source"><p>Source Note: The provisions of this §277.1 adopted to be effective December 20, 1994, 19 TexReg 9652; amended to be effective May 3, 1995, 20 TexReg 2867; amended to be effective September 2, 1997, 22 TexReg 8405; amended to be effective June 25, 2000, 25 TexReg 5918.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.2"><num value="277.2">§277.2</num><heading>Laundering</heading><content>A change of clothing shall be furnished at least once a week unless work, climatic conditions, illness, or other factors necessitate more frequent exchange to assure cleanliness.</content><note type="source"><p>Source Note: The provisions of this §277.2 adopted to be effective December 20, 1994, 19 TexReg 9652.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.3"><num value="277.3">§277.3</num><heading>Personal Clothing</heading><content>All inmate personal clothing shall be cleaned, or sprayed with a disinfectant and stored.</content><note type="source"><p>Source Note: The provisions of this §277.3 adopted to be effective December 20, 1994, 19 TexReg 9652.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.4"><num value="277.4">§277.4</num><heading>Personal Hygiene</heading><content>Inmates held over 48 hours who are unable to supply themselves with personal care items, because of indigency, shall be furnished the following:(1) toothbrush;(2) toothpaste or toothpowder;(3) soap;(4) comb;(5) shaving implements.</content><note type="source"><p>Source Note: The provisions of this §277.4 adopted to be effective December 20, 1994, 19 TexReg 9652; amended to be effective June 25, 2000, 25 TexReg 5918.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.5"><num value="277.5">§277.5</num><heading>Toilet Paper</heading><content>Toilet paper shall be available at all times.</content><note type="source"><p>Source Note: The provisions of this §277.5 adopted to be effective December 20, 1994, 19 TexReg 9652.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.6"><num value="277.6">§277.6</num><heading>Showers</heading><content>Each inmate shall be given the opportunity to shower at least every other day or more often if possible. Inmates on work assignments and those making court appearances shall be given an opportunity to shower daily. Inmates should be required to shower at least every other day. Whenever clearly justified for health or sanitary reasons, the sheriff/operator may require a shower.</content><note type="source"><p>Source Note: The provisions of this §277.6 adopted to be effective December 20, 1994, 19 TexReg 9652.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.7"><num value="277.7">§277.7</num><heading>Compelling Haircuts</heading><content>Whenever clearly justified for health or sanitary reasons, the sheriff/operator may require a haircut. Haircuts by reasonably skilled persons shall be available on a voluntary basis to all inmates, sentenced and unsentenced.</content><note type="source"><p>Source Note: The provisions of this §277.7 adopted to be effective December 20, 1994, 19 TexReg 9652.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.8"><num value="277.8">§277.8</num><heading>Bedding and Linens</heading><content>A standard issue of bedding and linens to each inmate to be placed in housing shall include, but shall not be limited to, the following clean, safe, and serviceable items:(1) one mattress;(2) one sheet or mattress cover;(3) one towel;(4) one blanket, or more depending upon climatic conditions. Inmates detained in holding and/or detoxification cells may be provided with the above items.</content><note type="source"><p>Source Note: The provisions of this §277.8 adopted to be effective December 20, 1994, 19 TexReg 9652; amended to be effective May 3, 1995, 20 TexReg 2867; amended to be effective March 31, 2014, 39 TexReg 2296.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.9"><num value="277.9">§277.9</num><heading>Laundering of Bedding and Linens</heading><content>Washable items such as sheets, towels, and mattress covers shall be exchanged for clean replacements at least once each week, or more often if necessary. Blankets shall be laundered or dry cleaned at least every three months or more often if necessary.</content><note type="source"><p>Source Note: The provisions of this §277.9 adopted to be effective December 20, 1994, 19 TexReg 9652.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.10"><num value="277.10">§277.10</num><heading>Mattresses</heading><content>Mattresses shall be swept, aired, sprayed with a nontoxic disinfectant and stored off the ground prior to reissue.</content><note type="source"><p>Source Note: The provisions of this §277.10 adopted to be effective December 20, 1994, 19 TexReg 9652; amended to be effective December 22, 1999, 24 TexReg 11520.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c277/sc/s277.11"><num value="277.11">§277.11</num><heading>Feminine Hygiene Products</heading><content>Jails shall provide quality feminine hygiene products to female inmates, to include tampons in regular and large sizes and menstrual pads with wings in regular and large sizes. These products shall be available at all times and upon request. Inmates who utilize these products in a manner other than their intended purpose may be subject to disciplinary action in accordance with the facility's approved Discipline Plan.</content><note type="source"><p>Source Note: The provisions of this §277.11 adopted to be effective November 28, 2019, 44 TexReg 7411.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c279"><num value="279">CHAPTER 279</num><heading>SANITATION</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c279/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c279/sc/s279.1"><num value="279.1">§279.1</num><heading>Sanitation Plan</heading><content>Each facility shall have and implement a written plan, reviewed and approved by the commission, for the maintenance of an acceptable level of cleanliness and sanitation throughout the facility. Such plan shall provide for: (1) a regular daily schedule for the work and inspections necessary to keep the facility clean; which schedule shall be assigned and supervised by jailers who have the responsibility for keeping the facility clean and making regular sanitation inspections;(2) water and sewage systems not part of a public system and food preparation areas shall be inspected at least annually by health authorities and record kept for each inspection; (3) adequate and safe cleaning equipment; (4) water tight garbage containers with tight fitting covers in the kitchen; (5) the maintenance of toilets, lavatories, showers, and other equipment throughout the facility in good working order; (6) the maintenance of all counters, shelves, tables, equipment, and utensils with which food or drink comes into contact in a clean condition and in good repair; (7) clean washing aids, such as brushes, dishcloths, and other hand aids used in dish washing operations and for no other purposes; (8) a well ventilated place for storing and drying mops and other cleaning tools;(9) the continuous compliance of the water system and sewage system with the minimum requirements for such public systems;(10) the prohibition of excessive storage of food in cells and day rooms.(11) a method to allow hand washing prior to meals being served in holding cells.</content><note type="source"><p>Source Note: The provisions of this §279.1 adopted to be effective December 20, 1994, 19 TexReg 9653; amended to be effective December 22, 1999, 24 TexReg 11520; amended to be effective April 10, 2013, 38 TexReg 2228; amended to be effective December 22, 2020, 45 TexReg 9232; amended to be effective September 14, 2025, 50 TexReg 5942.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c279/sc/s279.2"><num value="279.2">§279.2</num><heading>Specificity</heading><content>Such plan shall specify how and by whom the foregoing provisions are to be met.</content><note type="source"><p>Source Note: The provisions of this §279.2 adopted to be effective December 20, 1994, 19 TexReg 9653.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c279/sc/s279.3"><num value="279.3">§279.3</num><heading>Facility Maintenance</heading><content>Preventive maintenance, to include necessary repairs, shall be conducted to ensure a safe, secure, and sanitary facility.</content><note type="source"><p>Source Note: The provisions of this §279.3 adopted to be effective May 19, 2002, 27 TexReg 4165.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c281"><num value="281">CHAPTER 281</num><heading>FOOD SERVICE</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c281/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c281/sc/s281.1"><num value="281.1">§281.1</num><heading>Frequency of Meals</heading><content>Food shall be served three times in any 24-hour period. No more than 14 hours shall pass between meals without supplemental food being served.</content><note type="source"><p>Source Note: The provisions of this §281.1 adopted to be effective December 20, 1994, 19 TexReg 9653.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c281/sc/s281.2"><num value="281.2">§281.2</num><heading>Dining/Day Rooms for Meals</heading><content>Meals should be served in dining rooms or day rooms when possible. Inmates should not be allowed to store excess food in cells or day rooms.</content><note type="source"><p>Source Note: The provisions of this §281.2 adopted to be effective December 20, 1994, 19 TexReg 9653.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c281/sc/s281.3"><num value="281.3">§281.3</num><heading>Balanced Diet</heading><content>Except in emergency situations, meals shall be served in accordance with a written menu approved and reviewed annually for compliance with nationally recognized allowances for basic nutrition including nutritional requirements of known pregnant inmates. This approval and review shall be documented and should be performed by a licensed or provisional licensed dietitian.</content><note type="source"><p>Source Note: The provisions of this §281.3 adopted to be effective December 20, 1994, 19 TexReg 9653; amended to be effective May 3, 1995, 20 TexReg 2867; amended to be effective December 30, 2009, 34 TexReg 9483.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c281/sc/s281.4"><num value="281.4">§281.4</num><heading>Prescribed Diets</heading><content>Physician prescribed diets for inmates shall be served as required.</content><note type="source"><p>Source Note: The provisions of this §281.4 adopted to be effective December 20, 1994, 19 TexReg 9653.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c281/sc/s281.5"><num value="281.5">§281.5</num><heading>Staff Supervision</heading><content>Food shall be prepared under the supervision of a staff member or contract employee who possesses a food handler license in accordance with 25 Texas Administrative Code (TAC) §228.31(d) with a copy available for review. Food shall be served under the immediate supervision of a staff member. Care shall be taken that hot foods are served reasonably warm and that cold foods are served reasonably cold.</content><note type="source"><p>Source Note: The provisions of this §281.5 adopted to be effective December 20, 1994, 19 TexReg 9653; amended to be effective December 27, 1995, 20 TexReg 10621; amended to be effective March 4, 2021, 46 TexReg 1386; amended to be effective June 5, 2023, 48 TexReg 2862.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c281/sc/s281.6"><num value="281.6">§281.6</num><heading>Outside Food Preparation</heading><content>Facilities without kitchens shall obtain prepared foods from sources which are approved either by the local health officer or the Food and Drug Division of the Texas Department of Health. The transfer of such food to the jail facility shall be in a manner to prevent contamination or adulteration.</content><note type="source"><p>Source Note: The provisions of this §281.6 adopted to be effective December 20, 1994, 19 TexReg 9653.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c283"><num value="283">CHAPTER 283</num><heading>DISCIPLINE AND GRIEVANCES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c283/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c283/sc/s283.1"><num value="283.1">§283.1</num><heading>Inmate Discipline Plan</heading><content>Each sheriff/operator shall develop and implement a written disciplinary plan, approved by the Commission, governing inmate conduct. The plan shall provide for the firm, fair, and consistent application of rules and regulations. Facilities housing contracted TDCJ-ID inmates may adhere to TDCJ-ID disciplinary policies and procedures for these inmates, when they are housed together, and separately from all other inmates. Facilities housing federal inmates may adhere to federal disciplinary policies and procedures for these inmates, when they are housed together, and separately from all other inmates. For purposes of inmate discipline, violations of institutional rules and regulations shall be divided into Minor Infractions and Major Infractions.(1) Minor Infractions. Violations of rules and regulations which do not represent serious offenses against persons and do not pose a serious threat to institutional order and safety. Sanctions shall be limited to:(A) counseling;(B) verbal or written reprimand;(C) in podular, direct supervision facilities, temporary restriction to cells for a period not to exceed twenty-four hours;(D) loss of privileges for a period not to exceed fifteen days;(E) disciplinary separation for a period not to exceed fifteen days;(F) restitution for damage to jail property; and(G) loss of good conduct credit.(2) Major Infractions. Violations of rules and regulations which constitute serious offenses against persons and property and pose a serious threat to institutional order and safety. Sanctions may include:(A) loss of good conduct credit;(B) loss of privileges for a period not to exceed thirty days;(C) removal from work details or programs;(D) disciplinary separation for a period not to exceed thirty days; and(E) restitution for damage to jail property.(3) Disciplinary Due Process Requirements.(A) provisions shall be made for a disciplinary hearing before a neutral and impartial board or officer which shall not include anyone involved in the claimed violation or charges;(B) provisions shall be made for the selection of a disciplinary board and disciplinary officer. In facilities of 50 capacity or less, this may be one person. Disciplinary hearings may be conducted by a disciplinary officer for incidents defined as Minor Infractions;(C) provisions shall be made for at least twenty-four hours written notice to be given to the inmate of the claimed violation or charges against him/her;(D) provisions may be included for inmates to waive the right to a disciplinary hearing provided proper notification is given prior to the signing of the waiver. The waiver shall include the appropriate identification of charges, the allowable sanctions, and the sanctions offered by the waiver. A waiver shall not include the loss of good time as a sanction;(E) provisions shall be made for the disclosure of the evidence against the person charged with the violation, although confidential informants may be protected;(F) provisions shall be made for an opportunity to be heard in person and to present documentary defensive evidence when not unduly hazardous to institutional safety and correctional goals.(G) provisions shall be made for inmates to call relevant witnesses on his or her behalf for disciplinary hearings when not unduly hazardous to institutional safety and correctional goals;(H) provisions should be made permitting the inmate to seek the aid of another inmate if the inmate is illiterate or where the complexity of the issue makes it unlikely that the inmate will be able to collect and present the evidence necessary for an adequate comprehension of the case. If that is not permissible, substitute aid from the staff or from an inmate designated by the staff shall be provided;(I) provisions shall be made for a written statement by the disciplinary board or disciplinary officer at the conclusion of the hearing indicating the evidence relied upon and reasons for the disciplinary action taken. The statement shall be delivered to the inmate and the Sheriff/Operator and shall be placed in the inmate's disciplinary file; and(J) provisions shall be made for a documented appeals process, if requested by the inmate, by a person or persons not a member of the disciplinary board.(4) The following sanctions are prohibited:(A) deviation from normal feeding procedures;(B) corporal punishment;(C) administration of any form of disciplinary action or supervision by inmates;(D) deprivation of clothing or bedding; inmates who destroy bedding or clothing may be deprived of such items. This shall be reviewed and documented every twenty-four hours;(E) use of a violent cell;(F) deprivation of items necessary to maintain an acceptable level of personal hygiene;(G) deprivation of correspondence privileges when the offense is unrelated to a violation of the institutional rules and regulations regarding correspondence. In no case shall privileged correspondence be suspended; and(H) deprivation of physical recreation or physical exercise.</content><note type="source"><p>Source Note: The provisions of this §283.1 adopted to be effective June 14, 1996, 21 TexReg 5004; amended to be effective December 29, 1997, 22 TexReg 12791; amended to be effective December 22, 1999, 24 TexReg 11520; amended to be effective May 3, 2000, 25 TexReg 3796; amended to be effective April 10, 2013, 38 TexReg 2229; amended to be effective May 26, 2014, 39 TexReg 3988.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c283/sc/s283.2"><num value="283.2">§283.2</num><heading>Inmate Rules and Regulations</heading><content>Every facility shall have prescribed rules and regulations governing inmate conduct. A copy of the institutional rules and regulations shall be made available to each inmate and read to illiterate inmates. A written acknowledgment by the inmate that the rules have been explained shall be retained. A translation shall be provided in an understandable language when necessary. The rules and regulations shall outline both Major and Minor Infractions, the types and ranges of possible sanctions for each category, due process requirements and specific procedures for filing a grievance. The rules and regulations, as provided to the inmate, shall be submitted to the Commission for approval.</content><note type="source"><p>Source Note: The provisions of this §283.2 adopted to be effective June 14, 1996, 21 TexReg 5004; amended to be effective September 2, 1997, 22 TexReg 8405; amended to be effective December 22, 1999, 24 TexReg 11520.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c283/sc/s283.3"><num value="283.3">§283.3</num><heading>Inmate Grievance Plan</heading><content>Every facility shall have and implement a written plan, approved by the Commission, for inmate grievance procedures. This plan shall be an administrative means for the resolution of grievances. It supplements, but does not replace any informal grievance procedure. Each plan shall:(1) provide for the selection of member(s) to constitute a grievance board. In facilities of 50 capacity or less, this may be one person. An inmate may also be a member;(2) provide details on what constitutes grounds for initiation of a grievance:(A) violation of civil rights;(B) criminal act;(C) unjust denial or restriction of inmate privileges;(D) prohibited act by facility staff;(3) provide maximum time limits not to exceed 60 days with interim response not to exceed 15 days for written replies by the grievance board;(4) provide for the expeditious handling of emergency grievances where delay could subject the inmate to personal injury or other damages;(5) provide safeguards to prevent reprisals against the inmate in the resolution of a grievance(6) provide for meaningful relief of a substantiated grievance (i.e., reinstatement of good time, additional visitation privileges);(7) provide a documented appeals process if requested by the inmate by a person or persons not a member of the grievance board;(8) provide for the release of information to inmates and employees only when specifically approved by the sheriff/operator or designee.</content><note type="source"><p>Source Note: The provisions of this §283.3 adopted to be effective December 20, 1994, 19 TexReg 9654; amended to be effective December 22, 1999, 24 TexReg 11520.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c285"><num value="285">CHAPTER 285</num><heading>RECREATION AND EXERCISE</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c285/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c285/sc/s285.1"><num value="285.1">§285.1</num><heading>Physical Exercise</heading><content>Each facility shall have and implement a written plan, approved by the Commission, for inmate physical exercise and physical recreation. Documentation of physical exercise and physical recreation shall be maintained for Commission review. Each inmate shall be allowed one hour of supervised physical exercise or physical recreation at least three days per week.</content><note type="source"><p>Source Note: The provisions of this §285.1 adopted to be effective December 20, 1994, 19 TexReg 9655; amended to be effective December 22, 1999, 24 TexReg 11521.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c285/sc/s285.2"><num value="285.2">§285.2</num><heading>Sunlight</heading><content>Inmates confined longer than ten days shall be allowed access to sunlight no less than one hour weekly.</content><note type="source"><p>Source Note: The provisions of this §285.2 adopted to be effective December 20, 1994, 19 TexReg 9655.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c285/sc/s285.3"><num value="285.3">§285.3</num><heading>Activities</heading><content>Activities such as arts, crafts, cards, dominoes, checkers, chess, and similar diversions should be considered as possible nonphysical recreational activities. A television and radio may be available for day room viewing and listening.</content><note type="source"><p>Source Note: The provisions of this §285.3 adopted to be effective December 20, 1994, 19 TexReg 9655.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c285/sc/s285.4"><num value="285.4">§285.4</num><heading>Volunteers</heading><content>Volunteers may be utilized in conjunction with recreational and exercise activities.</content><note type="source"><p>Source Note: The provisions of this §285.4 adopted to be effective December 20, 1994, 19 TexReg 9655.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c287"><num value="287">CHAPTER 287</num><heading>EDUCATION AND REHABILITATION PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c287/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c287/sc/s287.1"><num value="287.1">§287.1</num><heading>Education and Rehabilitation Plan</heading><content>Each facility shall have and implement a written plan, approved by the Commission, for inmate rehabilitation and education. The plan shall make maximum use of the resources available in and to the community in which the facility is located. The plan should include programs for voluntary participation by inmates such as:(1) testing and counseling in connection with:(A) alcohol or other drug abuse problems;(B) vocational rehabilitation;(C) academic and vocational aptitudes and goals;(D) job placement;(E) family problems;(F) personal psychological or psychiatric problems;(2) participating in an academic, reading, and/or training program where feasible and where community resources are available.</content><note type="source"><p>Source Note: The provisions of this §287.1 adopted to be effective December 20, 1994, 19 TexReg 9655; amended to be effective December 22, 1999, 24 TexReg 11521.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c287/sc/s287.2"><num value="287.2">§287.2</num><heading>Criteria, Eligibility</heading><content>Reasonable criteria for eligibility shall be established.</content><note type="source"><p>Source Note: The provisions of this §287.2 adopted to be effective December 20, 1994, 19 TexReg 9655.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c287/sc/s287.3"><num value="287.3">§287.3</num><heading>Continuity</heading><content>If possible, the plan established under §287.1 of this title (relating to Education and Rehabilitation Plan), should be devised so that an inmate may continue the program upon release from the facility or when transferred to the Texas Department of Criminal Justice.</content><note type="source"><p>Source Note: The provisions of this §287.3 adopted to be effective December 20, 1994, 19 TexReg 9655.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c287/sc/s287.4"><num value="287.4">§287.4</num><heading>Library Plan</heading><content>Each facility shall have and implement a written plan approved by the Commission for providing recreational library services to inmates.</content><note type="source"><p>Source Note: The provisions of this §287.4 adopted to be effective December 20, 1994, 19 TexReg 9655; amended to be effective December 22, 1999, 24 TexReg 11521.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c289"><num value="289">CHAPTER 289</num><heading>WORK ASSIGNMENTS</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c289/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c289/sc/s289.1"><num value="289.1">§289.1</num><heading>Assignment and Supervision</heading><content>Inmate work shall be assigned by staff with consideration for an inmate's condition including known pregnancy. Inmate activities shall not be supervised by other inmates. Inmates shall not have access to inmate records, nor handle inmate monies or commissary accounts. Maintenance of locking systems and other security detention devices shall not be performed by inmates.</content><note type="source"><p>Source Note: The provisions of this §289.1 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective December 30, 2009, 34 TexReg 9484.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c289/sc/s289.2"><num value="289.2">§289.2</num><heading>Voluntary Work</heading><content>Pretrial detainees and inmates awaiting transfer to the Texas Department of Criminal Justice following conviction or revocation of probation, parole, or mandatory supervision may volunteer to participate in any work program operated by the sheriff that uses the labor of convicted misdemeanants. Inmates who have not been convicted shall not be required to participate in a work program. All inmates may be required to keep their immediate living area clean.</content><note type="source"><p>Source Note: The provisions of this §289.2 adopted to be effective December 27, 1994, 19 TexReg 9880.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c289/sc/s289.3"><num value="289.3">§289.3</num><heading>Maximum Hours</heading><content>Inmates should not be required to work more than 48 hours per week, except in an emergency.</content><note type="source"><p>Source Note: The provisions of this §289.3 adopted to be effective December 27, 1994, 19 TexReg 9880.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c289/sc/s289.4"><num value="289.4">§289.4</num><heading>Outside the Security Perimeter</heading><content>Only inmates classified as minimum custody should be assigned to work outside the security perimeter and should be supervised by jailers or persons designated by the sheriff.</content><note type="source"><p>Source Note: The provisions of this §289.4 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective June 14, 1996, 21 TexReg 5005; amended to be effective January 1, 2014, 38 TexReg 9628.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c289/sc/s289.5"><num value="289.5">§289.5</num><heading>Non-Exclusivity</heading><content>This provision is not intended to limit in any way the utilization of work release, work furlough, or other programs affording inmates work or employment opportunities outside the facility.</content><note type="source"><p>Source Note: The provisions of this §289.5 adopted to be effective December 27, 1994, 19 TexReg 9880.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c291"><num value="291">CHAPTER 291</num><heading>SERVICES AND ACTIVITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c291/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c291/sc/s291.1"><num value="291.1">§291.1</num><heading>Inmate Telephone Plan</heading><content>Each facility shall have and implement a written plan, approved by the commission, governing the availability and use of inmate telephones.(1) Immediately after booking, but in no case later than four hours after arrival, a person shall be permitted to make at least two completed telephone calls. Toll calls should be made on a prepaid or collect basis. A free telephone shall be available for local calls for those inmates who otherwise would be unable to complete the two required calls. Facilities may have a special line reserved for inmate use.(2) Each facility shall provide for reasonable access, both local and long distance, between an inmate and his/her attorney, family, and friends. This may be on a prepaid or collect basis. The plan shall contain procedures for the handling of emergency calls.</content><note type="source"><p>Source Note: The provisions of this §291.1 adopted to be effective December 27, 1994, 19 TexReg 9880.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c291/sc/s291.2"><num value="291.2">§291.2</num><heading>Inmate Correspondence Plan</heading><content>Each facility shall have and implement a written plan, approved by the Commission, governing inmate correspondence. The plan shall provide for the handling of privileged and nonprivileged correspondence, both outgoing and incoming, and shall provide for the collection and distribution of correspondence.(1) General Requirements.(A) Inmates shall be permitted to send as many letters of as many pages as they desire, to whomever they desire. Inmate to inmate correspondence may be prohibited where legitimate penological interest exists.(B) Inmates may receive correspondence in any quantity, amount, and number of pages.(C) Inmates shall be allowed to retain writing materials, stamps, and correspondence in reasonable amounts.(D) If requested, indigent inmates shall be furnished a reasonable amount of paper, pencils, envelopes, and stamps to correspond with their attorney(s) and the courts. Additionally, indigent inmates shall be furnished paper, pencils, envelopes, and stamps to post at least three letters a week for all other correspondence. A negative balance may be maintained on the inmate's commissary account for indigent postage and correspondence supplies.(E) Correspondence may be rejected on a case by case basis, provided it is a violation of the inmate rules. For purposes of this plan such correspondence is defined as:(i) containing information regarding the manufacture of explosives, weapons, or drugs;(ii) containing material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of jails through inmate disruption such as strikes or riots; and(iii) a specific factual determination has been made that the publication is detrimental to inmate's rehabilitation because it would encourage deviate criminal sexual behavior.(2) Privileged Correspondence.(A) Correspondence addressed to or received from the following persons or organizations shall be considered privileged correspondence:(i) officials of the federal, state, and local courts;(ii) all federal officials and officers, including the President of the United States;(iii) state officials and officers, including the Texas Commission on Jail Standards and the Governor;(iv) letters to bona fide news media; and(v) the inmate's attorney(s).(B) Outgoing correspondence addressed to the persons listed in subparagraph (A) of this paragraph shall not be opened or interfered with unless a search warrant is obtained.(C) Incoming correspondence from correspondents listed in subparagraph (A) of this paragraph shall be opened only in the presence of the inmate with inspection limited to locating contraband. Whenever jail officials have probable cause to suspect that the incoming letter is part of an attempt to formulate, devise or otherwise effectuate a plan to escape from the jail, or to violate state or federal laws, officials shall obtain a search warrant prior to opening and reading the correspondence of the individual involved.(3) Nonprivileged Correspondence.(A) Mail addressed to or received from persons or organizations not listed in paragraph (2)(A) of this section shall be considered nonprivileged correspondence.(B) Outgoing correspondence may be opened and read. Correspondence may be censored provided a legitimate penological interest exists. A copy of the original correspondence should be retained.(C) Incoming correspondence may be opened and read. Correspondence may be censored provided a legitimate penological interest exists. A copy of the original correspondence should be retained. If contraband is discovered, it shall be confiscated and the inmate advised of the action.</content><note type="source"><p>Source Note: The provisions of this §291.2 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective October 20, 1997, 22 TexReg 10332; amended to be effective December 22, 1999, 24 TexReg 11521.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c291/sc/s291.3"><num value="291.3">§291.3</num><heading>Inmate Commissary Plan</heading><content>Each facility shall have and implement a written plan, approved by the commission, governing the availability and use of an inmate commissary which allows for the purchase of hygiene items and sundries. The plan shall:(1) indicate type of services, in-house or vendor;(2) indicate frequency of services;(3) provide procedures for inmates obtaining items;(4) provide for yearly audits by the county auditor in accordance with the Local Government Code, §351.0415. The audits shall be submitted to the commission not later than ten days following completion; and(5) provide that all expenditures from commissary proceeds be made in accordance with the Local Government Code, §351.0415.</content><note type="source"><p>Source Note: The provisions of this §291.3 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective October 23, 1995, 20 TexReg 8327.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c291/sc/s291.4"><num value="291.4">§291.4</num><heading>Visitation Plan</heading><content>Each facility shall have and implement a written plan, approved by the commission, governing inmate visitation. The plan shall:(1) indicate frequency of visitation periods; each inmate hall be allowed a minimum of two in-person, noncontact visitation periods per week of at least 20 minutes duration each;(A) Facilities exempt from in-person visitation shall be determined by the provisions set forth in Government Code §511.009(20)(a-1). (B) The requirement of in-person visitation does not remove a sheriff's/operator's authority to limit visitation for disciplinary reasons as per 37 TAC §283.1.(2) provide that at least one visitation period be allowed during evenings or weekends;(3) provide for reasonable attorney/client visitation;(4) provide for inmates whose veteran status has been verified to have in-person or video visitation with the veterans county service officer for the county or a peer service coordinator, at no cost to the inmate. These visits may not be counted towards the minimum allowed visits;(5) provide procedures for the selection of visitors, including inmates' minor children. Accompaniment by parent, guardian, or legal counsel may be required. The Sheriff/operator shall provide procedures regarding visitation by a guardian. The procedures shall include placement of a guardian, at the guardian's request, on the inmate's visitation list, and provide the guardian access to the inmate during regular visitation hours to an eligible inmate. A guardian's visit shall be in addition to normal visitation. The sheriff/operator shall require the guardian to provide the sheriff/operator with letters of guardianship as provided by §§1002.012, 1106.001 - 1106.003, Estates Code, before allowing visitation with the inmate;(6) define procedures where contact visitation is permitted; (7) contain procedures for emergency visitation.</content><note type="source"><p>Source Note: The provisions of this §291.4 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective May 3, 1995, 20 TexReg 2867; amended to be effective December 22, 2015, 40 TexReg 9305; amended to be effective December 30, 2025, 50 TexReg 8626.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c291/sc/s291.5"><num value="291.5">§291.5</num><heading>Inmate Religious Practices Plan</heading><content>Each facility shall have and implement a written plan, approved by the Commission, governing religious practices. The plan shall include the following provisions:(1) removal of inmates not wishing to participate where group services are held;(2) volunteer programs and access to religious leaders in addition to normal visitation, consistent with security restrictions;(3) review of inmate requests regarding religious practices by the Sheriff/Operator or his designee;(4) procedures for determining whether a request can be accommodated through the least restrictive means without presenting an undue burden or endangering the safety and security of the facility;(A) documentation of the reason for denial if the request cannot be accommodated;(B) utilization of the established grievance procedure when the inmate contends the denial is unjust.</content><note type="source"><p>Source Note: The provisions of this §291.5 adopted to be effective December 27, 1994, 19 TexReg 9880; amended to be effective June 25, 2000, 25 TexReg 5919.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c297"><num value="297">CHAPTER 297</num><heading>COMPLIANCE AND ENFORCEMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c297/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.1"><num value="297.1">§297.1</num><heading>Regular Local Inspections</heading><content>During intervals of at least four months and at least two times each year, the sheriff/operator shall inspect each facility for which he/she is responsible inquiring into the security, control, conditions, and state of compliance with the rules of the Commission. The owner of each facility is encouraged to make similar periodic inspections.</content><note type="source"><p>Source Note: The provisions of this §297.1 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.2"><num value="297.2">§297.2</num><heading>Commission Inspections</heading><content>The frequency and extent to which facilities under Commission jurisdiction are inspected will be determined by the inspection priority of each facility. Commission staff shall perform at least one comprehensive and one limited inspection of each facility under Commission jurisdiction every twenty-four months. Limited compliance inspections and special inspections shall be used when deemed appropriate by the inspection priority of the jail. The Commission staff shall at any time have access to all parts of each facility; the books, records, data, documents, and accounts pertaining to each facility and to the inmates confined therein; and shall have the right and authority to interview any of the officials of the facility or inmates therein. The sheriff/operator shall assist staff by all means at their disposal to enable them to perform the functions, powers, and duties of their office.</content><note type="source"><p>Source Note: The provisions of this §297.2 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.3"><num value="297.3">§297.3</num><heading>Inspection Priority Assessment</heading><content>The inspection priority of each jail shall be determined utilizing the assessment factors as required, but not limited to, Government Code, sec 511.0085 and other factors as determined by the Commission.</content><note type="source"><p>Source Note: The provisions of this §297.3 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.4"><num value="297.4">§297.4</num><heading>Inspection Reports</heading><content>Within 45 days of each inspection by Commission staff, the owner and sheriff/operator responsible for the facility inspected shall be furnished with a report of the results of the inspection, and a copy of such report shall be filed with the Commission.</content><note type="source"><p>Source Note: The provisions of this §297.4 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.5"><num value="297.5">§297.5</num><heading>Certification</heading><content>Upon completion of a comprehensive inspection, those facilities that meet Minimum Jail Standards shall be issued a certificate of compliance. The certificate of compliance shall remain in effect until a notice of non-compliance is issued.</content><note type="source"><p>Source Note: The provisions of this §297.5 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.6"><num value="297.6">§297.6</num><heading>Notice of Noncompliance</heading><content>(a) When the Commission finds that a facility is not in compliance with state law, Minimum Jail Standards, or conditions necessitate administrative remedies, it shall issue a notice of noncompliance to the owner and sheriff/operator responsible for the facility that is not in compliance. Such notice shall be sent to such officials by certified mail, return receipt requested. A copy of such notice of noncompliance shall be sent to the Governor.(b) The notice of noncompliance shall:(1) specify the minimum standards established by state law or the rules of the Commission with which the facility fails to comply or administrative remedies;(2) shall provide a reasonable time, not to exceed 30 days, within which appropriate corrective measures shall be initiated; and(3) shall provide a reasonable time, not to exceed one year within which appropriate corrective measures shall be completed.</content><note type="source"><p>Source Note: The provisions of this §297.6 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.7"><num value="297.7">§297.7</num><heading>Response by Officials</heading><content>Upon receipt of a notice of noncompliance, the responsible officials shall initiate appropriate corrective measures within the time prescribed by the Commission (which shall not exceed 30 days) and shall complete the same within a reasonable time (not to exceed one year) as prescribed by the notice of noncompliance. Within 30 days following receipt of the notice of noncompliance, the responsible officials shall report to the Commission the corrective measures initiated and/or completed to correct a deficiency set forth in the notice of noncompliance.</content><note type="source"><p>Source Note: The provisions of this §297.7 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.8"><num value="297.8">§297.8</num><heading>Reinspection</heading><content>Following a determination that the deficiency(s) set forth in the notice of non-compliance have been corrected, the owner and sheriff/operator responsible for the facility shall formally request a re-inspection. All re-inspections will be unannounced and no less than 10% of facilities under the Commission's jurisdiction that request re-inspection will be randomly selected for a comprehensive inspection.</content><note type="source"><p>Source Note: The provisions of this §297.8 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.9"><num value="297.9">§297.9</num><heading>Commission Review of Compliance</heading><content>(a) If a response is not received from the responsible officials or if a response does not offer remedies addressing all the items of noncompliance, the Commission may request that officials appear at a regular or special meeting of the Commission to present evidence of corrective action to be taken. Following the officials' presentation, the Commission may require the officials to appear before the Commission at a future date to report on compliance progress, may issue a remedial order, or may deem that no further action is required.(b) If a notice of noncompliance is issued to a facility operated by a private entity under Section 351.101 or 361.061, Local Government Code, the compliance status of the facility shall be reviewed at the next meeting of the Commission.(c) After the issuance of a notice of non-compliance, the jail's compliance status will be reviewed as required by the Commission's monthly compliance assessment review.(d) A jail that has been issued two or more notices of non-compliance within a period of eighteen consecutive months will be subject to increased monitoring to include:(1) Submission of monthly status reports on a form prescribed by the Commission and supporting documentation as requested by the Commission to determine status; and(2) Two unannounced comprehensive inspections within twelve months from the date that the increased monitoring commenced.(e) If the jail fails to submit the monthly reports or fails one of these two full inspections, the jail will be subject to immediate enforcement action.</content><note type="source"><p>Source Note: The provisions of this §297.9 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.10"><num value="297.10">§297.10</num><heading>Commission Enforcement Action</heading><content>(a) A jail that has not requested reinspection and has not been issued a certificate of compliance within three months of the issuance of a notice of non-compliance will be required to provide updates on their progress to regain compliance. With written concurrence from the County Judge, the Sheriff shall submit to the Commission the corrective measures completed and expected completion date to correct the deficiency(s) set forth in the notice of noncompliance if the jail has not been issued a certificate of compliance within three months of the issuance of a notice of non-compliance.(b) A jail that has not requested reinspection and has not been issued a certificate of compliance within six months of the issuance of the notice of noncompliance shall appear before the Commission at its next regularly scheduled or special called meeting. The sheriff and county judge shall appear in order to present evidence of corrective action taken and completion date. Following the official's presentation, the Commission may issue a remedial order or may deem that no further action is required.(c) A jail that has not requested reinspection and has not been issued a certificate of compliance within nine months of the issuance of the notice of noncompliance will be subject to a comprehensive inspection and shall appear before the Commission at its next regularly scheduled or special called meeting. The sheriff and county judge shall appear in order to present evidence of corrective action taken and completion date. Following the official's presentation, the Commission may issue a remedial order or may deem that no further action is required.(d) A jail that has not requested reinspection and has not been issued a certificate of compliance within twelve months of the issuance of the notice of noncompliance shall appear before the Commission at its next regularly scheduled or special called meeting. A remedial order shall be issued requiring compliance with minimum standards.</content><note type="source"><p>Source Note: The provisions of this §297.10 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.11"><num value="297.11">§297.11</num><heading>Remedial Order by Commission</heading><content>(a) If the Commission determines that the responsible officials receiving a notice of noncompliance fail to initiate corrective measures within the time prescribed, the Commission may, by remedial order, delivered by certified mail, return receipt requested or by personal service to the responsible officials, declare that the facility in question or any portion thereof be closed, that further confinement of inmates or classifications of inmates in the noncomplying facility or any portion thereof be prohibited, that all or any number of the inmates then confined be transferred to and maintained in another designated facility, or any combination of such remedies.(b) The remedial order of the Commission shall be in writing and shall specifically identify each minimum standard with which the facility has failed to comply. Such remedial order shall become final and effective 15 days after its receipt by the responsible officials, provided, however, that if a review of Commission action § 297.13 of this title (relating to Review of Commission Action) or request for administrative hearing § 297.14 of this title (relating to Request for Administrative Hearing) on such remedial order is requested, the enforcement of such remedial order shall be stayed until such time as the Commission has rendered its decision following its hearing.(c) If a remedial order is issued, the Commission shall furnish the sheriff/operator with a list of qualified facilities to which the inmates may be transferred. The sheriff/operator of the facility shall immediately transfer the number of inmates necessary to bring the facility into compliance to a facility that agrees to accept the inmates. The agreement shall be in writing and shall be signed by the sheriff/operator transferring the inmates and the sheriff/operator receiving the inmates. A facility transferring inmates under this subsection shall immediately remove the inmates from the receiving facility if the sheriff/operator of the receiving facility requests their removal in writing. The owner responsible for the noncomplying facility shall bear the liability for and the cost of transportation and maintenance of inmates transferred to or from a noncomplying facility by order of the Commission. The costs of transportation and maintenance shall be determined by agreement between the participating jurisdictions and shall be paid into the treasury of the entity providing transportation and/or maintenance.(d) When a remedial order is issued to terminate a contract for housing inmates not sentenced in a Texas court, the responsible officials shall initiate action to terminate the contract and transfer the effected inmates. A copy of the remedial order shall be provided the sending state.(e) Upon the issuance of a Certificate of Compliance, the remedial order shall be reviewed at the next regularly scheduled meeting of the Commission.</content><note type="source"><p>Source Note: The provisions of this §297.11 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.12"><num value="297.12">§297.12</num><heading>Other Commission Remedies</heading><content>In addition to or in lieu of the remedial order remedies described in §511.104 of this title (relating to Remedial Order by Commission), the Commission may institute an action in its own name to enforce or enjoin the violation of its orders, rules or procedures, or the Local Government Code, Chapter 351. An action brought pursuant to this section is in addition to any other action, proceeding, or remedy provided by law and may be brought in a district court of Travis County, Texas. A suit brought under this section shall be given preferential setting and shall be tried by the Court, without a jury, unless the responsible officials request a jury, in accordance with the Local Government Code, Chapter 351. The Commission shall be represented by the attorney general in such actions.</content><note type="source"><p>Source Note: The provisions of this §297.12 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.13"><num value="297.13">§297.13</num><heading>Review of Commission Action</heading><content>(a) Any responsible official disagreeing with any remedial order or action on an application for variance of the Commission, within 15 days after the date thereof, may request in writing an appearance before the Commission to review the action taken by the Commission. The request shall include information on the circumstances to be reviewed.(b) The request for review shall be effective if postmarked within 15 days from the date of the remedial order or action on application for variance, or if it is otherwise received by the Commission within such 15-day time period. The request for review shall be directed to the Executive Director.(c) Review of Commission action may determine that the remedial order or application for variance request may continue to be effective as issued, may be amended, or may be rescinded. Any action affected by this section shall be effective immediately.</content><note type="source"><p>Source Note: The provisions of this §297.13 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.14"><num value="297.14">§297.14</num><heading>Request for Administrative Hearing</heading><content>(a) If the responsible officials disagree with a Commission action and have exhausted all remedies under §297.13 of this title (relating to Review of Commission Action), the officials may request, within 15 days after the date thereof, an administrative hearing under Chapter 301 of this title (relating to Rules of Practice in Contested Cases), upon the determination of matters of fact or law with which they disagree.(b) The request for hearing shall be effective if post marked within 15 days from the date of the remedial order or action on application for variance, or if it is otherwise received by the Commission within such 15-day time period. The request for hearing shall be directed to the chairman of the Commission and shall contain the following statements:(1) the legal authority and jurisdiction under which the hearing should be held;(2) the particular statutes, sections of statutes, and rules involved;(3) a short, plain recital of the errors of fact or law for which review is sought, stating in detail the facts justifying the amendment or reversal of the order or action of the Commission; and(4) the name and address of the person or representative to whom notices or other written communications shall be directed, and the name and address of the person or representative who will appear at the hearing and the name and address of the person or persons on whose behalf he will appear.(c) A request for hearing, if not made in the time and manner herein provided, shall be deemed waived, and in such event the remedial order or action on application for variance of the Commission shall become final.(d) Upon the receipt of a timely request for hearing, the Commission shall request a hearing be scheduled by the State Office of Administrative Hearings.(e) If the administrative law judge issues a proposal for decision indicating the Commission action is justified, the administrative law judge shall include in the proposal a finding of the costs, fees, expenses, and reasonable and necessary attorney's fees the state and Commission incurred in bringing the proceeding. The board may adopt the finding for costs, fees, and expenses and make the finding a part of the final order entered in the proceeding. Proceeds collected from a finding made under this subsection shall be paid to the Commission.</content><note type="source"><p>Source Note: The provisions of this §297.14 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.15"><num value="297.15">§297.15</num><heading>County Contract with Private Entity for Jail Facilities</heading><content>(a) The Commissioners court of a county may contract with a private vendor to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a facility for the confinement of persons accused or convicted of an offense.(b) Contracts for these purposes shall comply with Local Government Code, §§351.101-351.104 (concerning county contract with private entity for jail facilities).(c) If the contract includes construction of a new facility or renovation of an existing facility, the construction documents shall be submitted and reviewed in accordance with Chapter §257 of this title (relating to Construction Approval Rules).(d) Facility operational plans, as required by the Commission, shall be developed by the private operator of the facility in consultation with the sheriff and shall be approved by the sheriff, in writing, prior to submission to the Commission for approval. Approval by the sheriff shall not be unreasonably withheld. Revised plans shall similarly be submitted when there is a change of sheriffs, operator, types of persons being confined, or operational procedures.(e) The sheriff shall exercise regular on-site monitoring over the private jail facility, in accordance with the Local Government Code, §351.103 (concerning Contract Requirements). The specifics of such on-site monitoring, including the resolution of disputes, disagreements, or deficiencies shall be provided for in the contract and facility operational plans.</content><note type="source"><p>Source Note: The provisions of this §297.15 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.16"><num value="297.16">§297.16</num><heading>Municipal Contract with Private Entity for Jail Facilities</heading><content>(a) The governing body of a municipality may contract with a private vendor to provide for the financing, design, construction, leasing, operation, purchase, maintenance, or management of a facility for the confinement of persons accused or convicted of an offense.(b) Contracts for these purposes shall comply with the Local Government Code, §§361.061-361.067 (concerning municipal contract for jail facilities).(c) If the contract includes construction of a new facility or renovation of an existing facility, the construction documents shall be submitted and reviewed in accordance with Chapter §257 of this title (relating to Construction Approval Rules).(d) Facility operational plans, as required by the Commission, shall be developed by the private operator and approved by the municipality, in writing, prior to submission to the Commission for approval. Revised plans shall be submitted when there is a change of operators, types of persons being confined, or operational procedures.(e) The municipality shall exercise regular on-site monitoring over the private operation of the facility, in accordance with the Local Government Code, §361.062 (concerning Contract Requirements). The specifics of such on-site monitoring, including the resolution of disputes, disagreements, or deficiencies shall be provided for in the contract and facility operational plans.</content><note type="source"><p>Source Note: The provisions of this §297.16 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c297/sc/s297.17"><num value="297.17">§297.17</num><heading>Contract with Other States for Housing Non-Texas Inmates §511.0095</heading><content>(a) The only entities, other than the state, that are authorized to operate a correctional facility to house in this state, inmates convicted of offenses against the laws of another state of the United States are:(1) a county or municipality; and(2) a private vendor operating a correctional facility under a contract with a county under Subchapter F, Chapter 351, Local Government Code, or a municipality under Subchapter E, Chapter 361, Local Government Code.(b) A private vendor operating a correctional facility in this state may not enter into a contract for housing out-of-state inmates. A county Commissioners court or the governing body of a municipality may enter into a contract with another state or a jurisdiction in another state for housing out-of-state inmates.(c) At a minimum all contracts shall:(1) require facility compliance with Minimum Jail Standards;(2) require that all inmates confined pursuant to the contract be released within the jurisdiction of the sending entity;(3) require that all inmates records concerning classification, to include conduct records, be reviewed by the receiving entity prior to transfer of the inmate;(4) require that the sending entity determine inmate custody level in accordance with Chapter 271 of this title (relating to Classification and Separation of Inmates) to ensure that custody level assignments do not exceed the construction security level availability;(5) require that inmates with a record of institutional violence involving the use of a deadly weapon or a pattern of violence while confined in the sending state, escape, or attempted escape from secure custody are not eligible for transfer unless a specific waiver has been granted by the Commission;(6) require that all appropriate medical information be provided prior to transfer, to include certification of tuberculosis screening or treatment;(7) require provisions for termination of contract within 90 days by receiving entity; and(8) require termination of contract if so ordered by the Commission, pursuant to the Government Code, §511.096.(d) The receiving entity shall develop and implement a written procedure outlining the coordination of law enforcement activities in the case of riot, rebellion, escape, or other situations requiring assistance from city, county, or state law enforcement agencies. The Commission may require the receiving entity or sending state to reimburse the state for emergency assistance. The procedure shall be submitted to the Commission for approval.(e) The receiving entity shall provide the Commission with a statement of custody level capacity and availability.(f) All operational requirements shall meet or exceed Texas Minimum Jail Standards and require Commission approval prior to implementation.(g) All receiving entities shall maintain a certificate of compliance from the Commission.(h) Copies of unsigned and signed contracts, along with addenda, shall be submitted to the Commission for review and approval respectively. Signed contracts between a private vendor and receiving entity shall be provided by the vendor for review and approval. The vendor shall also provide a biographical history for review.(i) The receiving entity shall promptly notify the Commission of any major incidents, including escapes.</content><note type="source"><p>Source Note: The provisions of this §297.17 adopted to be effective December 4, 2022, 47 TexReg 8043.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c299"><num value="299">CHAPTER 299</num><heading>VARIANCE PROCEDURE RULES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c299/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c299/sc/s299.1"><num value="299.1">§299.1</num><heading>Policy</heading><content>Local Government Code, Chapter 351 and Government Code, Chapter 511, Vernon's Annotated Civil Statutes, and these sections prescribe minimum standards for the construction, equipment, maintenance, operation, personnel, programs, services, and for the custody, care and treatment of inmates of county facilities and municipal facilities, operated under vendor contract. They are in the public interest of the state of Texas and should in all instances be reasonably enforced by the commission.</content><note type="source"><p>Source Note: The provisions of this §299.1 adopted to be effective December 27, 1994, 19 TexReg 9882.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c299/sc/s299.2"><num value="299.2">§299.2</num><heading>Filing</heading><content>When a facility does not meet the requirements of the state statutes or these sections, or when the elected or appointed official having jurisdiction desires to construct or operate a facility not complying with the requirements, the official may file an application for variance with the commission. The facts and circumstances justifying the variance shall be submitted to the commission for review.</content><note type="source"><p>Source Note: The provisions of this §299.2 adopted to be effective December 27, 1994, 19 TexReg 9882.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c299/sc/s299.3"><num value="299.3">§299.3</num><heading>Contents</heading><content>An application for variance shall include:(1) the name, address, and signature of the elected or appointed official(s) having jurisdiction of the facility for which the variance is being requested;(2) the specific statute, sections of statutes, and/or rules for which the variance is being requested;(3) the existing condition(s) that requires a variance or the desired condition(s) that would require a variance;(4) the projected cost to achieve compliance without a variance;(5) the effect the variance, if granted, would have on the operations and sanitation of the facility and on the custody, safety, health, and supervision of the inmates;(6) the length of time for which the variance is being requested;(7) any additional information or attachments demonstrating justification for the variance; and(8) utilization of alternatives to incarceration, including diversion initiatives and reentry efforts to reduce recidivism.</content><note type="source"><p>Source Note: The provisions of this §299.3 adopted to be effective December 27, 1994, 19 TexReg 9882; amended to be effective September 30, 2010, 35 TexReg 8771.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c299/sc/s299.4"><num value="299.4">§299.4</num><heading>Burden</heading><content>The burden of showing a clear justification for a variance shall be up to the party filing an application for variance. An application for variance will not be granted if it reasonably appears to the commission that the variance requested would permit or create unhealthy, unsanitary, or unsafe conditions or otherwise jeopardize the security or supervision of inmates or the programs and services required by law or rule of the commission.</content><note type="source"><p>Source Note: The provisions of this §299.4 adopted to be effective December 27, 1994, 19 TexReg 9882.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c299/sc/s299.5"><num value="299.5">§299.5</num><heading>Determination/Notice</heading><content>The commission shall consider each application for variance and shall enter its order granting or denying the application in whole or in part. Notice of the order of the commission shall be mailed or delivered in person to the official(s) named in the application for variance.</content><note type="source"><p>Source Note: The provisions of this §299.5 adopted to be effective December 27, 1994, 19 TexReg 9882.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c299/sc/s299.6"><num value="299.6">§299.6</num><heading>Request for Hearing</heading><content>Any elected or appointed official disagreeing with an order or action of the commission upon any application for variance may, within 15 days of the date of such order or action, file a request for hearing in accordance with the provisions of §297.11 of this title (relating to Request for Administrative Hearing).</content><note type="source"><p>Source Note: The provisions of this §299.6 adopted to be effective December 27, 1994, 19 TexReg 9882.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c300"><num value="300">CHAPTER 300</num><heading>FEES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c300/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c300/sc/s300.1"><num value="300.1">§300.1</num><heading>General</heading><content>The commission shall set and collect reasonable fees to recover the cost of performing designated services as required by Government Code, §511.0091 and §511.0093 concerning fees set and collected by the commission.</content><note type="source"><p>Source Note: The provisions of this §300.1 adopted to be effective December 27, 1994, 19 TexReg 9883; amended to be effective September 2, 1997, 22 TexReg 8407.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c300/sc/s300.2"><num value="300.2">§300.2</num><heading>Designated Services</heading><content>The following services are designated as fee recoverable when provided for facilities described under §300.3 of this title (relating to Applicable Facilities):(1) review of and comment on construction documents for new facilities or expansion projects of existing facilities;(2) performance of occupancy inspections;(3) performance of annual inspections; and(4) performance of technical assistance,</content><note type="source"><p>Source Note: The provisions of this §300.2 adopted to be effective December 27, 1994, 19 TexReg 9883; amended to be effective September 2, 1997, 22 TexReg 8407.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c300/sc/s300.3"><num value="300.3">§300.3</num><heading>Applicable Facilities</heading><content>(a) Municipal jails operated for a municipality by a private vendor or county jails, whether financed, purchased, designed, constructed, leased, operated, maintained, or managed for the county by a private vendor or provided entirely by the county shall be considered applicable facilities for which the commission shall collect fees for designated services, as described in §300.2 of this title (relating to Designated Services), when the facilities have:(1) a rated capacity of 100 or more prisoners; and(2) an actual or projected annual average jail population of prisoners sentenced by jurisdictions other than the courts of this state that is 30% or more of the total population of the facility.(b) Annual inspection fees shall be collected only for inspections conducted for the year in which the facility meets the requirements of subsection (a)(2) of this section.</content><note type="source"><p>Source Note: The provisions of this §300.3 adopted to be effective December 27, 1994, 19 TexReg 9883.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c300/sc/s300.4"><num value="300.4">§300.4</num><heading>Setting Fees</heading><content>The commission shall determine or estimate the cost of performing the designated services described in §300.2 of this title (relating to Designated Services) at least annually and set reasonable fees that recover the costs of the services. A fee schedule shall be developed and maintained at the offices of the commission (300 West 15th Street, Suite 503, Austin, Texas 78701) indicating the current fees set by the commission.</content><note type="source"><p>Source Note: The provisions of this §300.4 adopted to be effective December 27, 1994, 19 TexReg 9883.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c300/sc/s300.5"><num value="300.5">§300.5</num><heading>Collection of Fees</heading><content>(a) The commission will forward an invoice for payment for designated services to the municipality or county, for which the facility is or will be operated.(b) Payment shall be made to the commission by the municipality or county receiving the designated services within 45 days from receipt of the invoice for services.(c) Facilities operated by or for municipalities or counties which fail or refuse to make payment of fees are not eligible for certification.(d) Any municipality or county which is assessed a fee for services may request a hearing before the commission for adjustment or abatement of a fee by written request to the executive director within 15 days of receipt of invoice for performance of services.</content><note type="source"><p>Source Note: The provisions of this §300.5 adopted to be effective December 27, 1994, 19 TexReg 9883; amended to be effective February 21, 1997, 22 TexReg 1671.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p9/c301"><num value="301">CHAPTER 301</num><heading>RULES OF PRACTICE IN CONTESTED CASES</heading><subchapter identifier="/us/state/tx/tac/t37/p9/c301/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p9/c301/sc/s301.1"><num value="301.1">§301.1</num><heading>Procedures</heading><content>The commission will follow the rules of procedure of the State Office of Administrative Hearings for contested cases, Title 1, Part VII, Texas Administrative Code, Chapter 155.</content><note type="source"><p>Source Note: The provisions of this §301.1 adopted to be effective December 27, 1994, 19 TexReg 9884.</p></note></section><section identifier="/us/state/tx/tac/t37/p9/c301/sc/s301.2"><num value="301.2">§301.2</num><heading>Decision</heading><content>The commission will render a decision following receipt of the proposal for decision from the State Office of Administrative Hearings. The commission may rule to agree, disagree or modify the proposal for decision based on findings of fact or conclusion of law which substantiate the remedial action or other action by the commission. The decision by the commission shall be final and effective when rendered.</content><note type="source"><p>Source Note: The provisions of this §301.2 adopted to be effective December 27, 1994, 19 TexReg 9884.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p11"><num value="11">PART 11</num><heading>TEXAS JUVENILE JUSTICE DEPARTMENT</heading><chapter identifier="/us/state/tx/tac/t37/p11/c341"><num value="341">CHAPTER 341</num><heading>GENERAL STANDARDS FOR JUVENILE PROBATION DEPARTMENTS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS AND GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scA/s341.100"><num value="341.100">§341.100</num><heading>Definitions</heading><content>The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise. (1) Alternative Referral Plan--A procedure that deviates from the requirements of §53.01(d), Family Code, regarding referral of cases to the prosecutor.(2) Approved Personal Restraint Technique ("personal restraint")--A professionally trained, curriculum-based, and competency-based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints. (3) Approved Mechanical Restraint Devices ("mechanical restraint")--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. The only mechanical restraint devices approved for use are the following: (A) Ankle Cuffs--Metal band designed to be fastened around the ankle to restrain free movement of the legs. (B) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms. (C) Plastic Cuffs--Plastic devices designed to be fastened around the wrists or legs to restrain free movement of hands, arms, or legs. Plastic cuffs must be designed specifically for use in human restraint.(D) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the subject's extremities.(E) Waist Belt--A cloth, leather, or metal band designed to be fastened around the waist and used to secure the arms to the sides or front of the body.(4) Case Management System--A computer-based tracking system that provides a systematic method to track and manage juvenile offender caseloads. (5) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department, including the juvenile probation department of a multi-county judicial district. (6) Comprehensive Folder Edit--A report generated in the Caseworker or Juvenile Case Management System (JCMS) application that performs an extensive edit of the case file information. This report identifies incorrectly entered data and questionable data that impact the accuracy of the reports and programs. (7) Criminogenic Needs--Issues, risk factors, characteristics, and/or problems that relate to a person's risk of reoffending.(8) Data Coordinator--A person employed by a juvenile probation department who is designated to serve and function as the primary contact with TJJD on all matters relating to data collection and reporting. (9) Department--A juvenile probation department.(10) Draw--To unholster a weapon in preparation for use against a perceived threat.(11) EDI Specifications--A document developed by TJJD outlining the data fields and file structures that each juvenile probation department is required to follow in submitting the TJJD EDI extract.(12) Empty-Hand Defense--Defensive tactics through the use of pressure points, releases from holds, and blocking and striking techniques using natural body weapons such as an open hand, fist, forearm, knee, or leg. (13) Field Supervision--Supervision ordered by a juvenile court in accordance with §54.04(d)(1)(A), Family Code, where the child is placed on probation in the child's home or in the custody of a relative or another fit person. (14) Formal Referral--An event that occurs only when all three of the following conditions exist: (A) a juvenile has allegedly committed delinquent conduct, conduct indicating a need for supervision, or a violation of probation; (B) the juvenile probation department has jurisdiction and venue; and(C) the office or official designated by the juvenile board has:(i) made face-to-face contact with the juvenile and the alleged offense has been presented as the reason for this contact; or (ii) given written or verbal authorization to detain the juvenile.(15) Initial Disposition--The disposition of probation issued by a juvenile court after a child is:(A) formally referred to a juvenile probation department for the first time; or(B) formally referred to a juvenile probation department after any and all previous periods of supervision by the department have ended. (16) Inter-County Transfer--As described in §51.072, Family Code, a transfer of supervision from one juvenile probation department in Texas to another juvenile probation department in Texas for a juvenile who moves or intends to move to another county and intends to remain in that county for at least 60 days.(17) Intermediate Weapons--Weapons designed to neutralize or temporarily incapacitate an assailant, such as electronic restraint devices, irritants, and impact weapons. This level of self-defense employs the use of tools to neutralize aggressive behavior when deadly force is not justified but when empty-hand defense is not sufficient.(18) Intern--An individual who performs services for a juvenile justice program or facility through a formal internship program that is sponsored by a juvenile justice agency or is part of an approved course of study through an accredited college or university. (19) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program.(20) Juvenile Board--A governing board created under Chapter 152, Human Resources Code.(21) Juvenile Justice Program--A program or department that:(A) serves juveniles under juvenile court or juvenile board jurisdiction; and(B) is operated solely or partly by the governing board, juvenile board, or by a private vendor under a contract with the governing board or juvenile board. The term includes:(i) juvenile justice alternative education programs; (ii) non-residential programs that serve juvenile offenders under the jurisdiction of the juvenile court or the juvenile board; and (iii) juvenile probation departments. (22) Non-Juvenile Justice Contract Facility--a facility in which a juvenile is placed pursuant to a contract with a department, program, facility, or juvenile board, other than a facility registered with TJJD.(23) Professional--A person who meets the definition of professional in §344.100 of this title.(24) Resident--A juvenile or other individual who has been lawfully admitted into a pre-adjudication secure juvenile detention facility, post-adjudication secure juvenile correctional facility, or a non-secure juvenile correctional facility.(25) Residential Placement--Supervision ordered by a juvenile court in which the child is placed on probation outside the child's home in a foster home or a public or private institution or agency.(26) Restraints--Personal or mechanical restraint.(27) Responsivity Factors--Factors that are not necessarily related to criminal activity but are relevant to the way in which the juvenile reacts to different types of interventions (e.g., learning styles and abilities, self-esteem, motivation for treatment, resistance to change, etc.)(28) SRSXEdit--An audit program developed by TJJD to assist juvenile probation departments not using the Caseworker or JCMS application with verifying their data prior to submission to TJJD.(29) Supervision--The case management of a juvenile by the assigned juvenile probation officer or designee through contacts (e.g., face-to-face, telephone, office, home, or collateral contacts) with the juvenile, the juvenile's family, and/or other persons or entities involved with the juvenile.(30) TCOLE--Texas Commission on Law Enforcement.(31) Title IV-E Approved Facility--A facility licensed and/or approved by the Texas Department of Family and Protective Services for Title IV-E participation.(32) TJJD--Texas Juvenile Justice Department.(33) TJJD Electronic Data Interchange (EDI) Extract--An automated process to extract and submit modified case records from the department's case management system to TJJD. The extract must be completed in accordance with this chapter.(34) TJJD Mental Health Screening Instrument--An instrument selected by TJJD to assist in identifying juveniles who may have mental health needs.(35) Volunteer--An individual who performs services for the juvenile probation department without compensation from the department who has: (A) any unsupervised contact with juveniles in a juvenile justice program or facility; or(B) regular or periodic supervised contact with juveniles in a juvenile justice program or facility.</content><note type="source"><p>Source Note: The provisions of this §341.100 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective February 1, 2018, 42 TexReg 5684; amended to be effective September 1, 2025, 50 TexReg 2611.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scA/s341.102"><num value="341.102">§341.102</num><heading>Waiver or Variance to Standards</heading><content>Unless expressly prohibited by another standard, an application for a waiver or variance of any standard in this chapter may be submitted in accordance with §349.200 of this title.</content><note type="source"><p>Source Note: The provisions of this §341.102 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scB"><num value="B">SUBCHAPTER B</num><heading>JUVENILE BOARD RESPONSIBILITIES</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scB/s341.200"><num value="341.200">§341.200</num><heading>Administration</heading><content>(a) Local Juvenile Probation Services Administration.(1) For each autonomous juvenile probation department, the juvenile board must employ a chief administrative officer who meets the standards set forth in Chapter 344 of this title.(2) When probation services for adult and juvenile offenders are provided by a single probation office, the juvenile board must ensure that the juvenile probation department's policies, programs, and procedures are clearly differentiated.(b) Referral Ratio. The juvenile probation department must employ at least one certified juvenile probation officer for each 100 formal referrals made to the juvenile probation department annually.(c) Participation in Community Resource Coordination Groups. A person designated by the juvenile board must participate in the system of community resource coordination groups pursuant to Section 531.055, Government Code.(d) Notice of Complaint Procedures. The juvenile board must ensure the English and Spanish signs provided by TJJD relating to complaint procedures are posted in a public area of:(1) the juvenile probation department; and(2) any facility operated by the juvenile board or by a private entity through a contract with the juvenile board.(e) Research Studies and Experimentation.(1) The juvenile board must establish a policy that prohibits participation by juveniles in research that employs an experimental design to test a medical, pharmaceutical, or cosmetic product or procedure.(2) Participation by juveniles in any other kind of research is prohibited unless:(A) the research study is approved in writing by the juvenile board or its designee; and(B) the juvenile board has established policies that:(i) govern all authorized research studies;(ii) prohibit studies that involve medically invasive procedures; and(iii) adhere to all federal requirements governing human subjects and confidentiality.(3) If the juvenile board authorizes a board member or staff member to approve research studies on behalf of the board, the authorization must be in writing.(4) Approved research studies must adhere to all applicable policies of the authorizing juvenile board.(5) Before a research study approved by the juvenile board begins, the research study must be reported to TJJD in a format prescribed by TJJD.(6) Results of a completed study must be made available to TJJD upon request.(f) Alternative Referral Plans. If a juvenile board adopts an alternative referral plan under Section 53.01(d), Family Code, the board must ensure the most recent version of the plan is submitted to the TJJD general counsel.</content><note type="source"><p>Source Note: The provisions of this §341.200 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective May 1, 2023, 48 TexReg 1961.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scB/s341.202"><num value="341.202">§341.202</num><heading>Policies and Procedures</heading><content>(a) Personnel Policies. The juvenile board must establish written personnel policies.(b) Department Policies. The juvenile board must establish written department policies and procedures. These policies and procedures must address the following topics if they apply.(1) Deferred Prosecution.(A) If the juvenile board adopts a fee schedule for the collection of deferred prosecution fees, the board must establish a written policy that includes the following requirements.(i) The monthly fee must be determined after obtaining a financial statement from the parent or guardian and may not exceed the maximum set by Family Code §53.03.(ii) The fee schedule must be based on total parent/guardian income.(iii) The chief administrative officer or his/her designee must approve in writing the fee assessed for each child, including any waiver of deferred prosecution fees.(B) A deferred prosecution fee may not be imposed if the juvenile board does not adopt a fee schedule and rules for waiver of the deferred prosecution fee.(2) Volunteers and Interns. If a juvenile probation department uses volunteers or interns, the juvenile board must establish policies for the volunteer and/or internship program that include:(A) a description of the scope, responsibilities, and limited authority of volunteers and interns who work with the department;(B) selection and termination criteria, including disqualification based on specified criminal history;(C) a requirement to conduct criminal history searches as described in Chapter 344 of this title for volunteers and interns who will have direct, unsupervised access to juveniles;(D) a prohibition on having unsupervised contact with juveniles for volunteers and interns whose criminal history does not meet the requirements in Chapter 344 of this title;(E) the orientation and training requirements, including training on recognizing and reporting abuse, neglect, and exploitation;(F) a requirement that volunteers and interns meet minimum professional requirements if serving in a professional capacity; and(G) a requirement to maintain a sign-in log that documents the name of the volunteer or intern, the purpose of the visit, the date of the service, and the beginning and ending time of the service performed for the department.(3) Zero-Tolerance for Sexual Abuse. The juvenile board must establish zero-tolerance policies and procedures regarding sexual abuse as defined in Chapter 358 of this title. The policies and procedures must:(A) prohibit sexual abuse of juveniles under the jurisdiction of the department by department staff, volunteers, interns, and contractors;(B) establish the actions department staff must take in response to allegations of sexual abuse and TJJD-confirmed incidents of sexual abuse; and(C) provide for administrative disciplinary sanctions and referral for criminal prosecution.(4) Pretrial Detention for Certain Juveniles. As required by Human Resources Code §152.0015, the juvenile board must establish a policy that specifies whether a person who has been transferred for criminal prosecution under Family Code §54.02 and is younger than 17 years of age may be detained in a juvenile facility pending trial.(5) Juveniles Younger Than 12 Years of Age. As required by Human Resources Code §152.00145, the juvenile board must establish policies that prioritize:(A) the diversion of children younger than 12 years of age from referral to a prosecuting attorney under Family Code Chapter 53; and(B) the limitation of detention of children younger than 12 years of age to circumstances of last resort.(6) Taking Juveniles into Custody. The juvenile board must establish a policy that specifies whether juvenile probation officers may take a juvenile into custody as allowed by Family Code §§52.01(a)(4), 52.01(a)(6), or 52.015.(A) If the policy allows juvenile probation officers to take a juvenile into custody, the policy must specify whether the officers are allowed to use force in doing so.(B) If the policy allows juvenile probation officers to use force in taking a juvenile into custody, the policy must:(i) address prohibited conduct, circumstances under which force is authorized, and training requirements;(ii) require each use of force to be documented, except when the only force used is the placement of mechanical restraints on the juvenile.</content><note type="source"><p>Source Note: The provisions of this §341.202 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective April 1, 2019, 44 TexReg 712.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scB/s341.204"><num value="341.204">§341.204</num><heading>Residential Placement</heading><content>(a) Duty to Certify Juvenile Justice Facilities. The juvenile board serving the county where a juvenile justice facility is located must certify and register the facility as required by Texas Family Code §§51.12, 51.125, and 51.126, as applicable.(b) Prohibition on Placing Juveniles in Non-licensed Facilities. The juvenile board must ensure that juveniles under its jurisdiction are placed only in:(1) juvenile justice facilities that are certified by a juvenile board in Texas; or(2) public or private residential facilities or programs licensed by a state governmental entity or exempted from licensure by state law.(c) Placement in a Facility Constructed or Previously Used for the Confinement of Adult Offenders.(1) A juvenile board or juvenile probation department may contract with a facility that was constructed or previously used for the confinement of adult offenders only after TJJD has determined the facility has been appropriately retrofitted to comply with TJJD standards related to facilities. TJJD will maintain a list of pre-approved facilities.(2) If the facility is not on the list of pre-approved facilities, the juvenile board or juvenile probation department must request approval from TJJD and submit any information TJJD needs in order to make a determination under this provision.(3) This subsection does not apply to facilities registered with TJJD.</content><note type="source"><p>Source Note: The provisions of this §341.204 adopted to be effective February 1, 2018, 42 TexReg 5684; amended to be effective September 1, 2024, 49 TexReg 5353.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scC"><num value="C">SUBCHAPTER C</num><heading>CHIEF ADMINISTRATIVE OFFICER RESPONSIBILITIES</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scC/s341.300"><num value="341.300">§341.300</num><heading>Policy and Procedure Manual</heading><content>(a) The chief administrative officer must develop, maintain, and enforce a policy and procedure manual for the juvenile probation department, which must include the policies and procedures of the juvenile probation department as established by the juvenile board.(b) The chief administrative officer must provide all employees with a copy of or access to the policy and procedure manual, review the manual no later than the last day of the calendar month of the previous year's review, maintain documentation of this review, and update the manual as necessary.</content><note type="source"><p>Source Note: The provisions of this §341.300 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scC/s341.302"><num value="341.302">§341.302</num><heading>Participation in Community Resource Coordination Groups</heading><content>The chief administrative officer or his/her designee must serve as the liaison to the local community resource coordination group pursuant to Texas Government Code §531.055.</content><note type="source"><p>Source Note: The provisions of this §341.302 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scC/s341.304"><num value="341.304">§341.304</num><heading>Requirement to Apply for Diversion Funds</heading><content>(a) Prior to a court committing a juvenile to TJJD, the chief administrative officer or designee must submit an application for diversion funds to divert a juvenile from commitment to TJJD.(b) The requirement in subsection (a) does not apply if:(1) the youth has committed conduct that is eligible for a determinate sentence under §51.031 or §53.045, Family Code, whether or not the petition was approved by the grand jury;(2) the youth has been previously placed and discharged within the last year from a post-adjudication secure juvenile correctional facility;(3) the juvenile has been previously committed to TJJD;(4) the youth is at least 17 years of age on the date of disposition or modification of disposition; or(5) a juvenile probation department is not recommending commitment.</content><note type="source"><p>Source Note: The provisions of this §341.304 adopted to be effective October 15, 2024, 49 TexReg 7934.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scC/s341.306"><num value="341.306">§341.306</num><heading>Providing Information to TJJD</heading><content>(a) The chief administrative officer or designee must annually provide TJJD with information on gaps in resources, programs, and services for juveniles served by the juvenile probation department.(b) The information must include a description of the needs of juveniles committed to TJJD that were not met with community resources and information on the types of resources, programs, and services that, if available in the community, might have allowed the juveniles to remain in the community as an alternative to commitment to TJJD.(c) The information shall be provided in the format and by the deadline established by TJJD.</content><note type="source"><p>Source Note: The provisions of this §341.306 adopted to be effective December 1, 2024, 49 TexReg 9568.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scC/s341.308"><num value="341.308">§341.308</num><heading>Notification to Office of Independent Ombudsman</heading><content>(a) The chief administrative officer or designee must notify the Office of Independent Ombudsman when a juvenile is placed in a non-juvenile justice contract facility. The notification must be made no later than 10 days after the juvenile's placement and must be made via email to the Office of Independent Ombudsman.(b) The chief administrative officer or designee must notify the Office of Independent Ombudsman when a juvenile who was placed in a non-juvenile justice contract facility has been removed from the facility for any reason. The notification must be made no later than 10 days after the juvenile's removal and must be made via email to the Office of Independent Ombudsman.</content><note type="source"><p>Source Note: The provisions of this §341.308 adopted to be effective September 1, 2025, 50 TexReg 2611.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scD"><num value="D">SUBCHAPTER D</num><heading>REQUIREMENTS FOR JUVENILE PROBATION OFFICERS</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scD/s341.400"><num value="341.400">§341.400</num><heading>Duties of Certified Juvenile Probation Officers</heading><content>(a) The following duties and responsibilities may be performed only by certified juvenile probation officers, except as allowed by subsection (b) of this section:(1) recommending a disposition in formal court proceedings;(2) providing final approval of written social history reports;(3) acting as the primary supervising officer for court-ordered and deferred prosecution cases;(4) acting as the primary supervising officer in a collaborative supervision agreement under Family Code §51.075;(5) developing and implementing case plans in accordance with Subchapter E of this chapter;(6) conducting intake interviews and preliminary investigations and making release decisions under Family Code §53.01 unless another staff member is designated to do so by the juvenile board;(7) taking a child into custody as authorized by Family Code §§52.01(a)(4), 52.01(a)(6), or 52.015;(8) serving as the designated inter-county transfer officer and performing the duties required by Family Code §51.072;(9) referring a child to a local mental health or mental retardation authority as required by Family Code §54.0408; and(10) providing to the juvenile and to the juvenile's parent, guardian, or custodian a written explanation of the process of sealing juvenile records and a copy of Family Code Chapter 58, Subchapter C-1.(b) An individual hired as a juvenile probation officer who is not yet certified as a juvenile probation officer may perform the duties under subsection (a) of this section only if the individual has:(1) not exceeded the deadline for submitting a certification application established by Chapter 344 of this title;(2) completed a minimum of 40 hours of training, which must include the mandatory exam topics required in Chapter 344 of this title; and(3) passed the certification exam for juvenile probation officers.</content><note type="source"><p>Source Note: The provisions of this §341.400 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective February 1, 2018, 42 TexReg 5684; amended to be effective April 1, 2019, 44 TexReg 712.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scD/s341.402"><num value="341.402">§341.402</num><heading>Duties of Certified Community Activities Officers</heading><content>(a) The following duties and responsibilities may be performed only by certified community activities officers, except as allowed by subsections (b) and (c) of this section:(1) supervising juveniles in a non-secure setting within a juvenile justice program; or(2) transporting juveniles in a non-secure setting within a juvenile justice program.(b) An individual hired into a position requiring certification as a community activities officer who is not yet certified as a community activities officer may perform the duties under subsection (a) of this section only if the individual has:(1) not exceeded the deadline for submitting a certification application established by Chapter 344 of this title; and(2) completed at least 40 hours of training, which must include the topics listed in §344.626 of this title.(c) The following individuals may perform the duties listed in subsection (a) of this section:(1) a certified juvenile probation officer; or(2) a certified juvenile supervision officer.(d) Notwithstanding subsections (a) and (b) of this section, an individual in a position requiring certification as a community activities officer may participate in the administration of intensive physical activity, as defined in Chapter 348 of this title, only if the individual has received training in adolescent development and behavior.(e) Nothing in this chapter is intended to require professionals who are providing services in their professional capacity to obtain certification as a community activities officer. For purposes of this chapter, providing services in a professional capacity is not considered supervising juveniles.</content><note type="source"><p>Source Note: The provisions of this §341.402 adopted to be effective February 1, 2018, 42 TexReg 5684.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scD/s341.403"><num value="341.403">§341.403</num><heading>Supervising and Transporting Juveniles</heading><content>At least one staff member who is supervising or transporting a juvenile in a non-secure setting within a juvenile justice program must be certified in cardiopulmonary resuscitation and first aid.</content><note type="source"><p>Source Note: The provisions of this §341.403 adopted to be effective February 1, 2018, 42 TexReg 5684.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scE"><num value="E">SUBCHAPTER E</num><heading>CASE MANAGEMENT</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scE/s341.500"><num value="341.500">§341.500</num><heading>Mental Health Screening</heading><content>(a) The TJJD mental health screening instrument must be completed for all juveniles who receive a formal referral to the juvenile probation department, except in the specific circumstances listed in paragraphs (1) - (2) of this subsection.(1) A clinical assessment by a licensed mental health professional may be substituted for the TJJD mental health screening instrument if the assessment is completed within the time frames listed in subsection (b) of this section.(2) The department is not required to complete an additional screening if the TJJD mental health screening instrument has been completed within the previous two weeks and is contained in the juvenile's case record.(b) If the juvenile is not admitted into detention, the TJJD mental health screening instrument must be administered no later than 14 calendar days after the date of the first face-to-face contact between the juvenile and a juvenile probation officer. If the juvenile is admitted into detention, the detention facility is required under §343.404 of this title to administer the TJJD mental health screening instrument within 48 hours after admission and to send the results to the supervising juvenile probation officer.(c) The individual administering the TJJD mental health screening instrument must have received training from:(1) TJJD or its predecessor agency on administering the mental health screening instrument; or(2) an individual who is documented to have received training from TJJD or its predecessor agency on administering the mental health screening instrument.</content><note type="source"><p>Source Note: The provisions of this §341.500 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scE/s341.502"><num value="341.502">§341.502</num><heading>Risk and Needs Assessment</heading><content>(a) A juvenile probation department must complete a risk and needs assessment for a juvenile:(1) before each disposition in a juvenile's case; and(2) at least once every six months.(b) The risk and needs assessment instrument must be:(1) validated; and(2) approved or provided by TJJD.(c) The risk and needs assessment instrument must be administered by an individual trained to administer the instrument.</content><note type="source"><p>Source Note: The provisions of this §341.502 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scE/s341.504"><num value="341.504">§341.504</num><heading>Case Management Policies and Procedures</heading><content>Each department's case management policies and procedures must:(1) establish that individualized case management practices are based on a consideration of the following factors, at a minimum:(A) results of the department's risk and needs assessment instrument;(B) criminogenic needs;(C) risk level to reoffend;(D) responsivity factors; and(E) involvement of the parent(s), guardian, or custodian; and(2) require a minimum of one face-to-face contact per month with each juvenile under supervision unless otherwise noted in the case plan.</content><note type="source"><p>Source Note: The provisions of this §341.504 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scE/s341.506"><num value="341.506">§341.506</num><heading>Case Plans</heading><content>(a) A case plan must be developed for each juvenile assigned to progressive sanctions level three, four, or five, as defined in Texas Family Code Chapter 59, and for each juvenile given determinate sentence probation under Texas Family Code §54.04(q).(b) The case plan must be completed within 30 calendar days after the date of initial disposition. The case plan must be:(1) developed by a juvenile probation officer in coordination with the juvenile and the juvenile's parent, guardian, or custodian;(2) signed by a juvenile probation officer, the juvenile, and the juvenile's parent, guardian, or custodian; and(3) retained, with copies provided to:(A) the juvenile;(B) the juvenile's parent, guardian, or custodian; and(C) upon placement of a juvenile in a residential placement, staff at the residential placement.(c) The case plan must address:(1) relevant criminogenic need(s), as determined by the department; and(2) the following information for each criminogenic need addressed in the case plan:(A) goal(s); and(B) for each goal:(i) action step(s);(ii) person(s) responsible for completing the action step(s);(iii) time frame for completing the action step(s); and(iv) status of the goal;(3) identification of relevant community services for the juvenile and the juvenile's parent(s), guardian, or custodian to access while the juvenile is under supervision and after supervision ends;(4) facility name and phone number, if the juvenile is in a residential placement; and(5) level of supervision.(d) Except as noted in subsection (f) of this section, the juvenile probation officer must complete and document the following actions each calendar month after the case plan has been developed:(1) discuss progress toward meeting case plan goals with:(A) the juvenile;(B) the juvenile's parent(s), guardian, or custodian; and(C) the residential provider where the juvenile is placed, if applicable; and(2) update the status and progress toward meeting case plan goals and action steps.(e) If the parent, guardian, or custodian cannot be located or is unable or unwilling to participate in developing or updating the case plan as required in subsection (b) or (d) of this section, documentation of the reason the parent, guardian, or custodian did not participate must be maintained.(f) The requirements in subsection (d) of this section do not apply after a request for an inter-county transfer has been submitted and before the sending and receiving counties have agreed on the official start date, as described in Texas Family Code §51.072 (f-1).(g) Within 30 calendar days after the official start date for an inter-county transfer, the receiving county must:(1) assume responsibility for the monthly updates described in subsection (d) of this section; or(2) complete a new case plan in accordance with subsections (b) and (c) of this section.(h) Section 341.506 of this title does not apply to:(1) juveniles on field supervision in departments that currently participate in Title IV-E reasonable candidacy;(2) juveniles who have been certified or are pending certification as Title IV-E eligible; or(3) juveniles who are receiving services under the Special Needs Diversionary Program administered by TJJD.(i) A case plan is required in accordance with subsections (b) and (c) of this section within 30 calendar days after any of the following events:(1) a juvenile is discharged from the Title IV-E foster care reimbursement program or is determined to be ineligible for the Title IV-E program;(2) a juvenile is discharged from the Special Needs Diversionary Program; or(3) a department ceases to participate in claiming Title IV-E reasonable candidate costs.</content><note type="source"><p>Source Note: The provisions of this §341.506 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scF"><num value="F">SUBCHAPTER F</num><heading>DATA COLLECTION</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scF/s341.600"><num value="341.600">§341.600</num><heading>Data Coordinator</heading><content>(a) Training Requirements.(1) The data coordinator must have a thorough understanding of TJJD's reporting requirements.(2) The data coordinator must complete training related to data reporting provided by TJJD as required.(b) Duties.(1) The data coordinator is responsible for ensuring that all data submitted to TJJD by the juvenile probation department is accurate, timely, and consistent with TJJD's reporting requirements.(2) The data coordinator must ensure that the TJJD EDI Extract is submitted to TJJD on or before the applicable due date.</content><note type="source"><p>Source Note: The provisions of this §341.600 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scF/s341.602"><num value="341.602">§341.602</num><heading>TJJD EDI Extract</heading><content>(a) The TJJD EDI Extract must be sent to TJJD electronically.(b) The extract is due to TJJD no later than the tenth calendar day of each month following the reporting period.(c) The TJJD EDI Extract data must include all data fields required by the EDI Specifications.(d) TJJD staff must discuss any proposed changes to the specifications with juvenile probation departments' designated representatives before making substantive changes to the specifications.</content><note type="source"><p>Source Note: The provisions of this §341.602 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scF/s341.604"><num value="341.604">§341.604</num><heading>Accuracy of Data</heading><content>(a) The juvenile probation department must fill in all applicable data fields for each referral in the department's case management system.(b) The juvenile probation department must run the Comprehensive Folder Edit or SRSXEdit on a monthly basis.(c) Errors detected by the Comprehensive Folder Edit must be corrected prior to the next submission of the EDI Extract.(d) Errors detected by TJJD must be corrected prior to the date provided by TJJD.</content><note type="source"><p>Source Note: The provisions of this §341.604 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scF/s341.606"><num value="341.606">§341.606</num><heading>Security of Data</heading><content>(a) Each user of the juvenile probation department's case management system must obtain a password to the system. Passwords must not be shared with department employees or other persons.(b) The juvenile probation department must limit the number of employees who are authorized to delete information in the department's case management system.(c) Access to the department's case management system must be removed concurrent with the termination of a user's employment.(d) A juvenile probation department that does not use the Juvenile Case Management System (JCMS) must:(1) establish and follow a written policy for backup and restoration procedures relating to data in its case management system; and(2) maintain an off-site backup storage system.</content><note type="source"><p>Source Note: The provisions of this §341.606 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scG"><num value="G">SUBCHAPTER G</num><heading>RESTRAINTS</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.700"><num value="341.700">§341.700</num><heading>Applicability</heading><content>This subchapter applies only to juveniles who are not residents of a juvenile pre-adjudication secure detention facility, a juvenile post-adjudication secure correctional facility, or a non-secure juvenile correctional facility.</content><note type="source"><p>Source Note: The provisions of this §341.700 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.702"><num value="341.702">§341.702</num><heading>Requirements</heading><content>The use of restraints is governed by the following criteria.(1) Personal restraints may be used only by juvenile probation officers and community activities officers who are trained and currently certified in the use of the approved personal restraint technique.(2) Mechanical restraints may be used only by juvenile probation officers and community activities officers who are trained in the use of all approved mechanical restraint devices.(3) Except during routine transportation or when a juvenile probation officer takes a juvenile into custody under Texas Family Code §52.01 or §52.015, restraints may be used only in instances of threat of imminent or active:(A) self-injury;(B) injury to others; or(C) serious property damage.(4) Restraints may be used only as a last resort.(5) Only the amount of force and type of restraint necessary to control the situation may be used.(6) Restraints must be implemented in such a way as to protect the health and safety of the juvenile and others.(7) Restraints must be terminated as soon as the juvenile's behavior no longer indicates an imminent threat of self-injury, injury to others, or serious property damage, except during routine transportation or when a juvenile probation officer takes a juvenile into custody.</content><note type="source"><p>Source Note: The provisions of this §341.702 adopted to be effective January 1, 2017, 41 TexReg 5433; amended to be effective February 1, 2018, 42 TexReg 5684.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.704"><num value="341.704">§341.704</num><heading>Prohibitions</heading><content>Restraints that employ a technique listed in this section are prohibited:(1) restraints used for punishment, discipline, retaliation, harassment, compliance, or intimidation;(2) restraints that deprive the juvenile of basic human necessities, including restroom opportunities, water, food, and clothing;(3) restraints that are intended to inflict pain;(4) restraints that put a juvenile in a prone or supine position with sustained or excessive pressure on the back or chest cavity;(5) restraints that put a juvenile in a prone or supine position with pressure on the neck or head;(6) restraints that obstruct the airway or impair the breathing of the juvenile, including a procedure that places anything in, on, or over the juvenile's mouth or nose or around the juvenile's neck;(7) restraints that interfere with the juvenile's ability to communicate;(8) restraints that obstruct the view of the juvenile's face;(9) any technique that does not require the monitoring of the juvenile's respiration and other signs of physical distress during the restraint; and(10) percussive or electrical shocking devices.</content><note type="source"><p>Source Note: The provisions of this §341.704 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.706"><num value="341.706">§341.706</num><heading>Documentation</heading><content>(a) Restraints must be fully documented and the documentation must be maintained, except as noted in subsection (b) of this section. Written documentation regarding the use of restraints must include, at a minimum:(1) name of the juvenile;(2) name and title of each staff member who administered the restraint;(3) narrative description of the restraint event from each staff member who participated in the restraint;(4) date of the restraint;(5) duration of each type of restraint (e.g., personal or mechanical), including notation of the time each type of restraint began and ended;(6) location of the restraint;(7) events and behavior that prompted the initial restraint and any continued restraint;(8) de-escalation efforts and restraint alternatives attempted;(9) type of restraint(s) applied, including, as applicable:(A) the specific type of personal restraint hold applied; and(B) the type of mechanical restraint device(s) applied; and(10) any injury that occurred during the restraint.(b) The following events are not required to be documented as a restraint, except as noted in subsection (c) of this section:(1) using mechanical restraints during routine transportation; and(2) a juvenile probation officer taking a juvenile into custody under Texas Family Code §52.01 or §52.015.(c) The exception in subsection (b) of this section does not apply when:(1) the juvenile's cooperation is compelled through the use of a personal restraint; or(2) the juvenile receives an injury in relation to the restraint event or restraint devices.</content><note type="source"><p>Source Note: The provisions of this §341.706 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.708"><num value="341.708">§341.708</num><heading>Personal Restraint</heading><content>(a) A juvenile probation department may not use a personal restraint technique before it has been approved for use by TJJD.(b) Staff members who are authorized to use personal restraints must be retrained in the approved personal restraint technique in accordance with the requirements of the technique or at least once every 365 calendar days, whichever time frame is shorter.</content><note type="source"><p>Source Note: The provisions of this §341.708 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.710"><num value="341.710">§341.710</num><heading>Mechanical Restraint</heading><content>The use of mechanical restraints is governed by the following criteria.(1) Requirements.(A) Only approved mechanical restraint devices may be used by the juvenile probation department.(B) Mechanical restraints must be used only in a manner consistent with their intended use.(C) Mechanical restraint devices must be inspected at least once each year, no later than the last day of the calendar month of the previous year's inspection. The dates of the inspections must be documented.(D) Faulty or malfunctioning devices must be restricted from use until they are repaired. Any maintenance performed must adhere to the manufacturer's guidelines.(2) Prohibitions.(A) Mechanical restraint devices may not be altered from the manufacturer's design.(B) A juvenile may not be placed in a prone position while restrained in any mechanical restraint for a period of time longer than necessary to apply the restraint devices.(C) A mechanical restraint may not be used to secure a juvenile in a prone, supine, or lateral position with the juvenile's arms and hands behind his/her back and secured to his/her legs.(D) Mechanical restraint devices may not be secured so tightly as to interfere with circulation or so loosely as to cause chafing of the skin.(E) Mechanical restraint devices may not be used to secure a juvenile to a stationary object.(F) A juvenile in mechanical restraints may not participate in any physical activity.(G) Plastic cuffs may be used only in emergency situations.</content><note type="source"><p>Source Note: The provisions of this §341.710 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scG/s341.712"><num value="341.712">§341.712</num><heading>Transporting</heading><content>(a) During transportation in a vehicle, a juvenile may not be affixed to any part of the vehicle.(b) During transportation in a vehicle, a juvenile may not be secured to another juvenile.</content><note type="source"><p>Source Note: The provisions of this §341.712 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c341/scH"><num value="H">SUBCHAPTER H</num><heading>CARRYING OF WEAPONS</heading><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.800"><num value="341.800">§341.800</num><heading>Applicability and Authorization</heading><content>(a) Applicability. This subchapter applies only to actively certified juvenile probation officers who are authorized to carry firearms under this subchapter.(b) Authorization to Carry a Firearm.(1) In accordance with §142.006 of the Texas Human Resources Code, a juvenile probation officer is authorized to carry a firearm during the course of the officer's official duties if:(A) the juvenile probation officer has been employed for at least one year by the juvenile probation department described in subparagraph (B) of this paragraph;(B) the chief administrative officer of the juvenile probation department that employs the juvenile probation officer authorizes the juvenile probation officer to carry a firearm in the course of the officer's official duties; and(C) the juvenile probation officer possesses a certificate of firearms proficiency issued by the Texas Commission on Law Enforcement (TCOLE) under §1701.259 of the Texas Occupations Code.(2) A juvenile probation officer is disqualified from being authorized to carry a firearm during the course of the officer's official duties if the officer has been found to be a designated perpetrator in a TJJD abuse, neglect, or exploitation investigation, unless that designation has been overturned.(3) In accordance with §221.35 of this title, a juvenile probation officer must successfully complete TCOLE's current firearms training program for juvenile probation officers to be authorized to carry a firearm in the course of the officer's official duties.(4) A license to carry a handgun obtained under Chapter 411, Subchapter H, of the Texas Government Code does not enable a certified juvenile probation officer to carry a firearm in the course of the officer's official duties and does not satisfy, and may not be accepted in lieu of, the requirements in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §341.800 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.802"><num value="341.802">§341.802</num><heading>Documentation Requirements</heading><content>(a) Documents Required After Obtaining an Initial Firearms Proficiency Certificate. Within 30 calendar days after receiving the initial firearms proficiency certificate from TCOLE, the chief administrative officer must ensure the following documents are provided to TJJD:(1) a copy of the Juvenile Probation Officer Firearms Proficiency Certificate from TCOLE; and(2) a completed, signed, and notarized copy of TJJD's Verification of Eligibility for Juvenile Probation Officer to Carry Firearm form, including the following required attachments:(A) appropriate documentation that the juvenile probation officer has been subjected to a complete search of local, state, and national records to disclose any criminal record or criminal history;(B) written documentation from each chief administrative officer who has authorized the juvenile probation officer's participation in the juvenile probation officer firearms proficiency training program that the officer has been examined by a psychologist who was selected by the current employing department and who is licensed by the Texas State Board of Examiners of Psychologists;(C) a written declaration from the examining psychologist that the juvenile probation officer possesses the requisite psychological and emotional health to carry a firearm in the course of the officer's official duties;(D) documentation of successful completion of TCOLE's current firearms training program for juvenile probation officers;(E) documentation of successful completion of the amount of training specified by the department's policies and procedures in the following areas:(i) use of an empty-hand defense tactic; and(ii) use of an intermediate weapon; and(F) the department's current policies and procedures described in §341.808 of this title.(b) Documents Required After Obtaining Renewed Firearms Proficiency Certificate. Within 30 calendar days after receiving a renewal of a firearms proficiency certificate from TCOLE, the chief administrative officer must ensure the following documents are provided to TJJD:(1) a copy of the renewed Juvenile Probation Officer Firearms Proficiency Certificate from TCOLE;(2) a completed, signed, and notarized copy of TJJD's Renewal of Verification of Eligibility for Juvenile Probation Officer to Carry Firearm form;(3) documentation of successful completion of the amount of continuing education specified by the department's policies and procedures relating to the use of a firearm, intermediate weapon, and empty-hand defense tactic; and(4) the department's current policies and procedures described in §341.808 of this title.</content><note type="source"><p>Source Note: The provisions of this §341.802 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.804"><num value="341.804">§341.804</num><heading>Responsibilities of a Juvenile Probation Officer Authorized to Carry a Firearm</heading><content>A juvenile probation officer who is authorized to carry a firearm in accordance with this subchapter must:(1) comply with the requirements of this subchapter, the officer's department policies and procedures, and the laws of this state and of the United States;(2) be knowledgeable of the places where firearms or other weapons are prohibited;(3) immediately report to the chief administrative officer if the officer is arrested for, charged with, or convicted of any criminal offense;(4) comply with all training, firearms proficiency, and certification requirements in §221.35 of this title;(5) maintain the firearm and all authorized intermediate weapons in proper working order at all times;(6) be responsible for the safe handling of the firearm and all authorized intermediate weapons; and(7) store the firearm and all authorized intermediate weapons in a secure, locked location designed for secure storage of a weapon when the firearm or other weapon is not on the officer's person.</content><note type="source"><p>Source Note: The provisions of this §341.804 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.806"><num value="341.806">§341.806</num><heading>Responsibilities of Chief Administrative Officers or Other Supervising Officers</heading><content>(a) The chief administrative officer or his/her designee must notify TJJD within 24 hours if:(1) the department rescinds its authorization for a juvenile probation officer to carry a firearm; or(2) an officer who is authorized to carry a firearm separates from the department.(b) An internal investigation must be conducted for all incidents in which a juvenile probation officer, during the course of his/her official duties:(1) uses an empty-hand defense tactic in an incident involving another person;(2) draws or uses an intermediate weapon in an incident involving another person; or(3) draws or discharges a firearm in any incident.(c) The investigation described in subsection (b) of this section must be conducted by:(1) the chief administrative officer or his/her designee; or(2) the juvenile board or the board's designee in cases where the chief administrative officer is the subject of the investigation.(d) A juvenile probation officer must be immediately placed on administrative leave or reassigned to a position having no contact with juveniles or the relatives of a juvenile involved in the incident if the juvenile probation officer, while in the course of his/her official duties:(1) draws or uses an intermediate weapon in an incident involving another person; or(2) draws or discharges a firearm in any incident.(e) The administrative leave or reassignment described in subsection (d) of this section must remain in effect until the conclusion of the internal investigation.(f) The chief administrative officer must ensure that TJJD is notified if an officer who is authorized to carry a firearm is arrested for, charged with, or convicted of any criminal offense. This notification is required within 24 hours after the chief administrative officer learns of the arrest, charge, or conviction.</content><note type="source"><p>Source Note: The provisions of this §341.806 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.808"><num value="341.808">§341.808</num><heading>Written Policies and Procedures</heading><content>Each juvenile probation department that employs a juvenile probation officer who is authorized to carry a firearm in accordance with the requirements in this subchapter must maintain and implement written policies and procedures that:(1) define which juvenile probation officers within the department are authorized to carry firearms;(2) specify the amount of required training hours in the following areas before a juvenile probation officer may carry a firearm in the course of the officer's duties:(A) use of an empty-hand defense tactic; and(B) use of at least one intermediate weapon;(3) specify the amount of continuing education hours required every two years for an officer to continue to carry a firearm in the course of the officer's duties;(4) require continuing education hours to be in areas that enhance the officer's skills and knowledge relating to the proficient and legal use of a firearm, empty-hand defense tactics, and intermediate weapons in the context of self-defense and defense of third parties, including the following topics, at a minimum:(A) use of force;(B) weapons retention; and(C) crisis intervention;(5) specify the duties and training requirements of the chief administrative officer or the direct supervisor of a juvenile probation officer in cases where the following circumstances exist:(A) a juvenile probation officer is authorized to carry a firearm in the course of his/her official duties; and(B) the direct supervisor of the juvenile probation officer does not carry a firearm in the course of his/her official duties;(6) require all training described in this section to be received from a TCOLE-certified instructor;(7) state whether firearms and intermediate weapons are to be purchased and maintained by the department or the individual officer;(8) require that the firearm and intermediate weapons remain under the control of the officer authorized to carry the firearm and weapon(s);(9) specify whether the firearm must be fully loaded when carried or worn when the officer is in the course of his/her official duties;(10) specify how credentials identifying the officer as a certified juvenile probation officer must be carried and/or displayed while the officer is carrying a firearm in accordance with this subchapter;(11) describe the circumstances and limitations under which the officer is justified to use force, which must be consistent with Chapter 9 of the Texas Penal Code;(12) specify the firearms to be carried, including the type of firearm, manufacturer, model, and caliber;(13) specify the type of ammunition authorized for use in the firearm;(14) specify the type(s) of intermediate weapons to be used;(15) state whether the firearm must be carried in plain view or concealed and the manner in which it must be worn or carried;(16) require documentation of each incident in which a juvenile probation officer, while in the course of his/her official duties, uses an empty-hand defense tactic, uses an intermediate weapon, or draws or discharges a firearm;(17) require the officer to carry an intermediate weapon at all times while the officer is carrying a firearm;(18) specify the manner in which the intermediate weapon(s) must be carried;(19) define the process for rescinding or suspending the authorization to carry a firearm;(20) prohibit the consumption of alcohol while carrying a firearm or intermediate weapon;(21) define the process for conducting an internal investigation when required by §341.806(b) of this title; and(22) require that a juvenile probation officer be placed on administrative leave or be reassigned to a position having no contact with juveniles or relatives of the juvenile involved in the incident when required by §341.806(d) of this title.</content><note type="source"><p>Source Note: The provisions of this §341.808 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.810"><num value="341.810">§341.810</num><heading>Reporting Use of Force Incidents to TJJD and Law Enforcement</heading><content>(a) The chief administrative officer or his/her designee must report to TJJD each incident in which a juvenile probation officer, during the course of his/her official duties:(1) uses an empty-hand defense tactic in an incident involving another person;(2) draws or uses an intermediate weapon in an incident involving another person; or(3) draws or discharges a firearm in any incident.(b) The initial report must be made to TJJD immediately, but no later than four hours after the conclusion of the use of force incident.(c) The initial report must be made using the toll-free number designated by TJJD.(d) Within 24 hours after the report by phone, the Juvenile Probation Officer Use of Force Incident Report form must be submitted to TJJD via fax or e-mail.(e) The chief administrative officer or his/her designee must report to local law enforcement any discharge of a firearm by a juvenile probation officer immediately, but no later than one hour after the time of discharge.</content><note type="source"><p>Source Note: The provisions of this §341.810 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c341/scH/s341.812"><num value="341.812">§341.812</num><heading>Records</heading><content>(a) The personnel file of each juvenile probation officer authorized to carry a firearm in accordance with this subchapter must contain a copy of the:(1) PID Assignment (TCOLE C-1 form);(2) results of criminal history checks conducted pursuant to the requirements of this subchapter;(3) Licensee Psychological and Emotional Health Declaration (TCOLE L-3 form);(4) proof of annual firearms proficiency;(5) verification of successful completion of TCOLE's firearms training program for juvenile probation officers; and(6) acknowledgment that the officer has reviewed the department's current policies and procedures specified in §341.808 of this title.(b) Juvenile probation departments must allow TCOLE, other law enforcement agencies, and TJJD access to records pertaining to firearms and use of force incidents for monitoring and investigation purposes.</content><note type="source"><p>Source Note: The provisions of this §341.812 adopted to be effective January 1, 2017, 41 TexReg 5433.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c342"><num value="342">CHAPTER 342</num><heading>STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS DETENTION AND CORRECTIONAL FACILITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c342/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p11/c342/sc/s342.1"><num value="342.1">§342.1</num><heading>Authority to House Out-of-State Juveniles</heading><content>The only entities other than the state authorized to operate a pre-adjudication secure detention facility, post-adjudication secure correctional facility, or non-secure correctional facility in this state to house juveniles convicted of offenses committed against the laws of another state or the United States are:(1) a governmental unit in this state; or(2) a private vendor operating a pre-adjudication secure detention facility, post-adjudication secure correctional facility, or non-secure correctional facility under a contract with a governmental unit in this state.</content><note type="source"><p>Source Note: The provisions of this §342.1 adopted to be effective September 1, 2003, 28 TexReg 2941; amended to be effective April 1, 2014, 39 TexReg 2126.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c342/sc/s342.2"><num value="342.2">§342.2</num><heading>Registration and Standards Compliance</heading><content>(a) Prior to receiving out-of-state juveniles, each facility must:(1) be registered with the Texas Juvenile Justice Department (TJJD) in accordance with the requirements in the Texas Family Code §§51.12, 51.125, and 51.126;(2) possess written certification of suitability in accordance with the requirements in the Texas Family Code §§51.12, 51.125, and 51.126; and(3) adhere to the rules (i.e., standards) in Chapters 343, 344, 345, 355, and 358 of this title.(b) A facility housing out-of-state juveniles must identify the out-of-state populations served when registering the facility with TJJD.</content><note type="source"><p>Source Note: The provisions of this §342.2 adopted to be effective September 1, 2003, 28 TexReg 2941; amended to be effective April 1, 2014, 39 TexReg 2126.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c342/sc/s342.3"><num value="342.3">§342.3</num><heading>Contracts with Other States for Housing Non-Texas Juvenile Inmates</heading><content>The authorizing governmental unit must ensure that there is a written and fully executed annual contract with each out-of-state entity that sends juveniles to the Texas facility. At a minimum, the contract must:(1) require that all juveniles confined pursuant to the contract be released within the jurisdiction of the sending entity;(2) require the out-of-state entity to provide the following information before transferring the juvenile:(A) the juvenile's record of institutional violence, escape, attempted escape, suicidal and self-harming behaviors, and sexually aggressive behaviors;(B) all appropriate medical information of the juvenile, including certification for tuberculosis screening or treatment;(C) all appropriate and available mental health information for the juvenile; and(D) all appropriate and available education information for the juvenile.</content><note type="source"><p>Source Note: The provisions of this §342.3 adopted to be effective September 1, 2003, 28 TexReg 2941; amended to be effective April 1, 2014, 39 TexReg 2126.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c343"><num value="343">CHAPTER 343</num><heading>SECURE JUVENILE PRE-ADJUDICATION DETENTION AND POST-ADJUDICATION CORRECTIONAL FACILITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c343/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS, APPLICABILITY, AND GENERAL DOCUMENTATION REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p11/c343/scA/s343.100"><num value="343.100">§343.100</num><heading>Definitions</heading><content>When used in this chapter, the following words and terms shall have the following meanings unless otherwise expressly defined within the chapter.(1) Administrative Designee--A juvenile probation department staff member who is above the level of a facility administrator.(2) Bed--Includes a bed frame or platform and a mattress. The bed frame or platform may be a permanent or portable fixture. (3) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed by one of the boards listed in paragraph (37) of this section and is qualified by training to conduct all required elements of a behavioral health assessment. A behavioral health assessment must include the following elements: (A) clinical interview; (B) psychosocial evaluation, including a history of traumatic events, to include: (i) family history;(ii) community/living environment; (iii) peer relationships; and (iv) academic/vocational history; (C) review of the following files and associated records in the possession of the juvenile probation department: (i) juvenile probation records; (ii) mental health records; (iii) medical records; (iv) previous mental health testing records; and (v) educational records; (D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer; (E) psychometric testing, using instruments that are recognized and accepted by the American Psychological Association or another professional mental health organization, to include: (i) achievement assessment, only if there is no record of an achievement assessment within the last three years; (ii) personality assessment, only if there is no record of a personality assessment within the last three years; (iii) intellectual assessment, only if: (I) there is no record of an intellectual assessment within the last three years; or (II) a new intellectual assessment is indicated by: (-a-) pervasive use of drugs known to impair thought processes; (-b-) traumatic brain injury; (-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or (-d-) obvious impairment in cognitive or interpersonal functioning; (F) diagnostic impression; and (G) review of risks, strengths, and recommendations for intervention. (4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district. (5) Confidential Setting--A room or area that provides sound separation from other residents and unauthorized staff. (6) Constant Physical Presence--A juvenile supervision officer is physically present in the same room or same physical location with the residents and is responsible for the supervision of residents. The term does not include supervision from behind architectural barriers such as glass observation windows or screened windows. (7) Common Activity Area--Area inside the facility to which residents have access and in which activities are conducted. This area includes dayrooms, covered recreation areas, recreation rooms, education rooms, counseling rooms, testing rooms, visitation areas, and medical or dental rooms. (8) Contraband--Any item that is not issued to employees for the performance of their duties and that employees have not obtained supervisory approval to possess. Contraband also includes any item that a resident is not allowed to possess or use that is given to a resident by an employee or other individual. Specific items of contraband include, but are not limited to: (A) firearms; (B) knives; (C) ammunition; (D) drugs; (E) intoxicants; (F) pornography; and (G) any unauthorized written or electronic communication brought into or taken from a facility for a resident, former resident, associate of a resident, or family members of a resident. (9) Date and Time of Admission--The date and time a juvenile is authorized for detention in a secure pre-adjudication detention facility by an individual who is authorized by the juvenile board in accordance with §53.02 of the Texas Family Code. If the decision to detain was made prior to the juvenile's arrival to the facility, the date and time of admission shall be the same as the date and time of entry. (10) Date and Time of Entry--The date and time a juvenile is presented by law enforcement or a county juvenile probation officer to a pre-adjudication secure detention facility for processing and authorization of detention. (11) Design Capacity--The number of people that can safely occupy a building or space as determined by the current architectural design and any building modifications, licensing, accreditation, regulatory authorities, and applicable building codes. (12) Designee--The person authorized to perform a specific duty as assigned by the facility administrator. (13) Detention--The temporary secure custody of a child as defined in and authorized by Title 3 of the Texas Family Code. (14) Disciplinary Seclusion--The separation of a resident from other residents for disciplinary reasons and the placement of the resident alone in an area from which egress is prevented for more than 90 minutes. (15) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator. (16) Furlough--A period of time during which a resident is allowed to leave the facility premises and go into the community unsupervised for various purposes consistent with public interest. (17) Governing Board--Any governmental unit, as defined in §101.001 of the Texas Civil Practice and Remedies Code, or a board of trustees appointed by the governmental unit, that operates a secure facility or contracts for the operation of a secure facility. A juvenile board is an example of a governing board. As used in this chapter, this term does not include the Texas Juvenile Justice Board. (18) Hazardous Material--Any substance that is explosive, flammable, combustible, poisonous, corrosive, irritating, or otherwise harmful and is likely to cause injury or death. (19) Health Administrator--A person who, by virtue of education, experience, or certification, is capable of assuming responsibility for arranging all levels of health care and ensuring quality and accessible health services for juveniles. (20) Health Assessment--A focused assessment conducted for the purpose of validating screening results and making any needed referrals. The health assessment shall include: (A) review of the health screening results; (B) collection of additional data to complete the medical, dental, and mental health histories; (C) recording of vital signs; and (D) initiation of referrals when appropriate. (21) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical and nursing care assistants, emergency medical technicians (EMT), and others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for patients. (22) Health Service Authority--The agency, organization, entity, or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility. (23) Housing Area--An area within a secure juvenile facility that contains one or more single-occupancy housing units (SOHU) and/or multiple-occupancy housing units (MOHU). (24) Housing Unit--A single-occupancy housing unit (SOHU) or a multiple-occupancy housing unit (MOHU). (25) Individual Resident Sleeping Quarters--A cell or room designed and constructed to securely house one resident. (26) Intellectual Disability--A diagnosis made by a mental health provider based on the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders. (27) Intern--An individual who performs services for the facility through a formal internship program that is part of an approved course of study through an accredited college or university or sponsored by a juvenile justice agency. (28) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication secure detention facility into a post-adjudication secure correctional facility under the same administrative authority. This definition does not include placement in a privately operated secure post-adjudication facility located within the placing juvenile probation department's jurisdictional boundaries, even if the privately operated facility has the same juvenile board and/or governing board as the referring juvenile probation department. (29) Isolation--The separation of a resident from other residents for assessment, medical, or protective purposes and the placement of the resident alone in an area from which egress is prevented. (30) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board. (31) Juvenile Supervision Officer--A person whose primary responsibility and essential function is the supervision of juveniles in a juvenile justice facility or a juvenile justice program operated by or under contract with the juvenile board. (32) Major Violations--Rule violations that constitute only the following: (A) serious threat against persons or property; (B) serious threat to facility safety and/or security; or (C) repeated minor rule violations, consistent with requirements listed in §343.274 of this title. (33) Material Safety Data Sheet (MSDS)--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information. (34) Medical Diet--Special diet ordered for a temporary or permanent health condition that restricts the type, preparation, and/or amount of food. (35) Medical Entity--An agency or organization that is primarily composed of health care professionals. (36) Medical Treatment--Medical care, including diagnostic testing (e.g., x-rays, laboratory testing, etc.), that is performed or ordered by anyone authorized by law to do so, including a physician, physician assistant, nurse practitioner, emergency medical technician (EMT), paramedic, registered nurse (RN), or licensed vocational nurse (LVN). (37) Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services by one or more of the following licensing boards: (A) Texas State Board of Examiners of Psychologists; (B) Texas State Board of Examiners of Professional Counselors; (C) Texas State Board of Examiners of Marriage and Family Therapists; (D) Texas Department of State Health Services - Chemical Dependency Counselors Program; (E) Council on Sex Offender Treatment;(F) Texas Medical Board; or (G) Texas State Board of Social Worker Examiners. (38) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review. (39) Military-Style Program--A program or component in a post-adjudication secure correctional facility for juvenile offenders that features military-style discipline and structure as an integral part of its treatment and rehabilitation program. (40) Minor Violations--Rule violations that do not represent a serious threat against persons or property and that do not pose a serious threat to facility safety and/or security. (41) Multiple-Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple-occupancy sleeping, which is self-contained and includes appropriate sleeping, sanitation, and hygiene equipment or fixtures. (42) Non-Program Hours--Time period when all scheduled resident activity for the entire resident population in the facility has ceased for the day. (43) Oral Cavity Search--The visual examination of a resident's open mouth. (44) Pat-Down Search--A manual search in which the resident's outer clothing is patted down or searched. (45) Perimeter--The contiguous property on the exterior of the building to which residents have access for recreational activities, physical exercise, and other outdoor activities.(46) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education). (47) Positive Screening--A scored result of a completed mental health screening instrument requiring referral to a mental health provider. (48) Post-Adjudication Secure Correctional Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of the residents and is intended for the treatment and rehabilitation of youth who have been adjudicated. Subchapters A, B, D, and E of this chapter apply to all post-adjudication secure correctional facilities. A post-adjudication secure correctional facility does not include any non-secure residential program operating under the authority of a governing board. (49) Pre-Adjudication Secure Detention Facility ("Facility" or "Secure Facility")--A secure facility administered by a governing board that includes construction and fixtures designed to physically restrict the movements and activities of juveniles or other individuals held in lawful custody in the facility and is used for the temporary placement of any juvenile or other individual who is accused of having committed an offense and is awaiting court action, an administrative hearing, or other transfer action. Subchapters A, B, C, and E of this chapter apply to all pre-adjudication secure detention facilities. A pre-adjudication secure detention facility does not include a short-term detention facility as defined by §51.12(j) of the Texas Family Code. (50) Premises--One or more buildings together with their grounds or other appurtenances. (51) Primary Control Room--A restricted or secure area from which entrance into and exit from a secure facility is controlled. The primary control room also contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that residents are in the facility. (52) Professionals--The following persons are considered professionals for limited purposes: (A) teachers certified as educators by the State Board for Educator Certification, including teachers certified by the State Board for Educator Certification with provisional or emergency certifications; (B) educational aides or paraprofessionals certified by the State Board for Educator Certification; (C) health care professionals licensed or certified by: (i) the Texas Board of Nursing; (ii) the Texas Medical Board; (iii) the Texas Physician Assistant Board; (iv) the Texas State Board of Dental Examiners; or(v) the State Board of Examiners for Speech-Language Pathology and Audiology; (D) mental health providers as defined in paragraph (37) of this section; (E) qualified mental health professionals as defined in paragraph (56) of this section; (F) juvenile probation officers certified by the Texas Juvenile Justice Department; and (G) commissioned law enforcement personnel. (53) Protective Isolation--The exclusion of a threatened resident from the group by placing the resident in an individual room that minimizes contact with the residents from a specific group. (54) Program Hours--The time period when the resident population has scheduled activities, including any shift changes that occur during the time period when the resident population has scheduled activities. (55) Psychological Evaluation--A mental health assessment completed or supervised by a doctoral-level psychologist who is licensed by the Texas State Board of Examiners of Psychologists. At a minimum, a psychological evaluation must include the following elements: (A) clinical interview; (B) psychosocial evaluation, including a history of traumatic events, to include: (i) family history; (ii) community/living environment; (iii) peer relationships; and (iv) academic/vocational history; (C) review of the following files and associated records in the possession of the juvenile probation department: (i) juvenile probation records; (ii) mental health records; (iii) medical records; (iv) previous mental health testing records; and (v) educational records; (D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the psychologist deems appropriate, such as a teacher or the child's juvenile probation officer; (E) psychometric testing, only if there is no record of psychometric testing within the past three years. Psychometric testing must be conducted with instruments that are recognized and accepted by the American Psychological Association or another professional mental health organization and must include: (i) achievement assessment; (ii) personality assessment; and (iii) intellectual assessment; (F) diagnostic impression; and (G) review of risks, strengths, and recommendations for intervention. (56) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the definition of a qualified mental health professional in the administrative rules adopted by the Texas Department of State Health Services. (57) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed as a housing unit. (58) Reasonable Belief--A belief that would be held by an ordinary and prudent person in the same circumstances as the actor.(59) Resident--A juvenile or other individual that has been lawfully admitted into a juvenile pre-adjudication secure detention facility or a post-adjudication secure correctional facility. (60) Resident-Initiated Separation--The separation of a resident from other residents: (A) at the resident's request (e.g., a cooling-off period); or(B) due to a resident's refusal to leave his/her sleeping room to engage in programming, but only when the separation is not a room restriction or staff-imposed disciplinary measure.(61) Room Restriction--The placement of a resident alone in an area from which egress is prevented for 90 minutes or less for behavior modification purposes as directed by staff. (62) Safety-Based Seclusion--The separation of a resident from other residents for the safety-and-security-related reasons listed in §343.288 of this title and the placement of the resident alone in an area from which egress is prevented.(63) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed. (64) Serious Mental Illness--A mental health diagnosis of any of the following disorders: psychoses, schizophrenia, bipolar with psychotic features, depression with psychotic features, severe post-traumatic stress disorder, and schizoaffective disorders. (65) Serious Property Damage--Any damage equal to or greater than $50.00. (66) Single-Occupancy Housing Unit (SOHU)--A housing unit that is designed and constructed with separate and secure individual resident sleeping quarters and that includes appropriate sleeping, sanitation, and hygiene equipment or fixtures. (67) Specialized Housing--Any room or cell used for disciplinary seclusion, safety-based seclusion, protective isolation, assessment isolation, or medical isolation. (68) Standard--An administrative rule adopted by TJJD in accordance with Texas Government Code Chapter 2001. (69) Strip Search--A visual inspection of a resident's body in a state of full or partial undress. (70) TJJD--The Texas Juvenile Justice Department. (71) Volunteer--Individuals agreeing to perform services without compensation who have regular or periodic supervised contact or unsupervised contact with juveniles under the direction of the pre-adjudication or post-adjudication secure juvenile facility. (72) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph. (A) "Deviate sexual intercourse" means: (i) any contact between any part of the genitals of one person and the mouth or anus of another person; or (ii) the penetration of the genitals or the anus of another person with an object. (B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person: (i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or (ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person. (C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ. (D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola. (E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.</content><note type="source"><p>Source Note: The provisions of this §343.100 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scA/s343.102"><num value="343.102">§343.102</num><heading>Interpretation and Applicability</heading><content>(a) Use of the Words "Including" and "Includes." When used in this chapter, the words "including" and "includes" are to be understood as introducing a non-exhaustive list, unless the context clearly indicates otherwise.(b) Applicability. This chapter applies to secure juvenile pre-adjudication detention facilities and post-adjudication correctional facilities in this state that are operated by or under contract with a governing board. This chapter does not apply to a facility that is licensed by a state governmental entity or that is exempt from licensure by state or federal law.</content><note type="source"><p>Source Note: The provisions of this §343.102 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scA/s343.104"><num value="343.104">§343.104</num><heading>Waivers and Variances</heading><content>Unless expressly prohibited by another standard, an application for a waiver or variance of any standard in this chapter may be submitted in accordance with §349.200 of this title.</content><note type="source"><p>Source Note: The provisions of this §343.104 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scA/s343.108"><num value="343.108">§343.108</num><heading>Document Retention</heading><content>The facility shall retain documents referenced in this chapter for at least one year after the most recent formal, comprehensive monitoring event conducted by TJJD unless a standard requires a longer retention period.</content><note type="source"><p>Source Note: The provisions of this §343.108 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scA/s343.110"><num value="343.110">§343.110</num><heading>Observation Records</heading><content>(a) The requirements of this standard apply to each standard in this chapter in which a juvenile supervision officer is required to observe and record a resident's behavior, including §§343.286, 343.288, 343.290, 343.338, 343.348, 343.350, 343.402, 343.438, 343.442, 343.632, and 343.634 of this title.(b) All such observations shall be documented by the juvenile supervision officer who made the actual observation. The documentation shall indicate the exact hour and minute the visual observation was made and a general description of the resident's behavior.(c) If a facility uses an electronic system to record observations of residents, the system shall have the capability to:(1) allow juvenile supervision officers to record a general description of the resident's observed behavior; and(2) print out the observation records.(d) If a facility uses an electronic system that does not allow for the resident's behavior to be recorded at the time the observation is made, the facility shall maintain a supplemental log in which the officer conducting the observations documents, at the time of the observation, the resident's behavior.</content><note type="source"><p>Source Note: The provisions of this §343.110 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c343/scB"><num value="B">SUBCHAPTER B</num><heading>PRE-ADJUDICATION AND POST-ADJUDICATION SECURE FACILITY STANDARDS</heading><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.200"><num value="343.200">§343.200</num><heading>Authority to Operate Secure Juvenile Facility</heading><content>Pursuant to Texas Family Code Title 3, pre-adjudication secure detention facilities and post-adjudication secure correctional facilities for juvenile offenders may be operated only by:(1) a governmental unit in this state; or(2) a private entity under a contract with a governmental unit in this state.</content><note type="source"><p>Source Note: The provisions of this §343.200 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.202"><num value="343.202">§343.202</num><heading>Acceptance of Residents</heading><content>A facility may only accept and admit a child, as that term is defined in §51.02 of the Texas Family Code, or a person who is under the jurisdiction of the juvenile court who:(1) has been charged with or adjudicated for an offense against the laws of this state;(2) is authorized to be detained or confined under Title 3 of the Texas Family Code; or(3) is a juvenile adjudicated for an offense committed against the laws of another state or the United States whose confinement is authorized under Chapter 342 of this title.</content><note type="source"><p>Source Note: The provisions of this §343.202 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.204"><num value="343.204">§343.204</num><heading>Facility Governing Board</heading><content>Each facility shall have a governing board that:(1) establishes and operates or contracts for the establishment and operation of the facility; and(2) provides oversight of facility operations, policies, and procedures.</content><note type="source"><p>Source Note: The provisions of this §343.204 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.206"><num value="343.206">§343.206</num><heading>Certification and Registration of Facility</heading><content>(a) Before the facility admits residents, the juvenile board in the county where the facility is located, shall ensure:(1) the facility is certified in compliance with §51.12 or §51.125 of the Texas Family Code;(2) the number of pre-adjudication and post-adjudication beds is designated in the facility certification;(3) the facility is registered with TJJD in compliance with §51.12 or §51.125 of the Texas Family Code; and(4) the current facility certification and TJJD's facility registration are posted within a public area of the facility.(b) TJJD will not register a facility that was constructed or previously used for the confinement of adult offenders unless TJJD determines the facility has been appropriately retrofitted to comply with TJJD standards related to facilities.(c) A juvenile who has been committed to TJJD and is awaiting transport to a TJJD facility may be housed in a post-adjudication secure facility in a bed that is designated as a pre-adjudication bed or dually designated as a pre-adjudication bed or a post-adjudication bed.</content><note type="source"><p>Source Note: The provisions of this §343.206 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective September 1, 2024, 49 TexReg 5354.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.208"><num value="343.208">§343.208</num><heading>Policy, Procedure, and Practice</heading><content>The governing board of the facility shall require that written policies and procedures exist governing the operation of all secure juvenile pre-adjudication detention and post-adjudication correctional facilities in the county. The policies, procedures, and practices of the facility shall include:(1) policies that strictly prohibit:(A) abuse, neglect, or exploitation of a resident, as defined in Texas Family Code §261.001 and §261.401, by any individual having contact with a resident of the facility;(B) youth-on-youth sexual conduct;(C) violations of the code of ethics as outlined in Chapter 345 of this title;(D) violations of any professional code of ethics or conduct by any individual providing services to or having contact with residents of the facility; and(2) a zero-tolerance policy and practice regarding sexual abuse as defined by Chapter 358 of this title. The policy shall provide for administrative disciplinary sanctions and/or referral for criminal prosecution.</content><note type="source"><p>Source Note: The provisions of this §343.208 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.210"><num value="343.210">§343.210</num><heading>Designation of Facility Administrator</heading><content>The chief administrative officer or the governing board of the facility or their designee shall designate one facility administrator for each secure facility.</content><note type="source"><p>Source Note: The provisions of this §343.210 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.212"><num value="343.212">§343.212</num><heading>Duties of Facility Administrator</heading><content>(a) The facility administrator shall be responsible for the daily operations of the facility. The facility administrator's office shall be located on the grounds of the facility. The facility administrator shall not maintain a satellite office to oversee the daily operations of the facility.(b) The facility administrator shall designate a certified juvenile supervision officer to be in charge during the facility administrator's absence from the facility.(c) The facility administrator shall develop, implement, and maintain a policies and procedures manual for the facility and shall ensure the daily facility practice conforms to the policies and procedures detailed in the manual.(d) The facility administrator shall review the facility's policies and procedures manual at least once each year, no later than the last day of the calendar month of the previous year's review, and maintain documentation of this review.(e) The facility administrator shall make the policies and procedures manual available to all employees of the facility.(f) The facility administrator shall ensure that each employee of the facility is:(1) trained on the provisions of the policies and procedures manual that are relevant to the employee's job functions prior to beginning service at the facility; and(2) notified of or given access to, in a written or electronic format, all changes or modifications to the policies and procedures manual in a timely manner.(g) The facility administrator shall maintain documentation of the training described in subsection (f) of this section.(h) The facility administrator or designee shall ensure that current, accurate, and confidential personnel records are maintained for each employee, which shall include:(1) proof of age;(2) documentation of criminal background checks conducted as required by Chapter 344 of this title;(3) the completed application for employment;(4) training records; and(5) documentation of promotion, demotion, termination, and other personnel actions.(i) The facility administrator or chief administrative officer of a private entity under contract with a governmental unit in this state shall provide the presiding officer of the juvenile board of the county in which the facility is located with periodic updates on the operation of the facility, including the following information to be provided at least every quarter:(1) facility population and capacity reports;(2) number of serious incidents, by category, that occurred in the facility;(3) number of resident restraints by type (i.e., personal, mechanical, and chemical);(4) number of injuries to residents requiring medical treatment; and(5) number of injuries to staff requiring medical treatment.(j) The facility administrator or chief administrative officer shall ensure the accurate and timely submission of statistical data to TJJD in an electronic format or other format as requested by TJJD.</content><note type="source"><p>Source Note: The provisions of this §343.212 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.214"><num value="343.214">§343.214</num><heading>Data Collection</heading><content>The facility administrator or chief administrative officer shall maintain and report to TJJD electronically, or in the format requested, the following information:(1) total number of resident grievances;(2) total number of personal restraint incidents;(3) total number of mechanical restraint incidents;(4) total number of chemical restraint incidents;(5) total number of non-ambulatory restraint incidents;(6) total number of safety-based seclusions in each of the following categories:(A) less than 90 minutes;(B) 90 minutes or more but less than four hours;(C) four hours or more but less than 24 hours;(D) 24 hours or more but less than 48 hours;(E) 48 hours or more but less than 72 hours; and(F) 72 hours or more;(7) total number of disciplinary seclusions in each of the following categories:(A) more than 90 minutes but less than 24 hours; and(B) 24 hours up to 48 hours;(8) total number of residents placed in safety-based seclusion who have a known diagnosis of a serious mental illness;(9) total number of residents placed in safety-based seclusion who have a current designation as high or moderate risk for suicide;(10) total number of residents placed in safety-based seclusion who have a known diagnosis of severe or profound intellectual disability;(11) total number of residents placed in disciplinary seclusion who have a current designation as high or moderate risk for suicide; and(12) total number of staff injuries requiring medical treatment, as defined in §358.100 of this title, resulting from resident assault or restraint.</content><note type="source"><p>Source Note: The provisions of this §343.214 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.218"><num value="343.218">§343.218</num><heading>Location and Operations</heading><content>(a) Co-located Facilities.(1) If the juvenile facility is located in the same building or on the same grounds as any type of adult corrections facility, the juvenile facility shall be a separate, self-contained unit.(2) All applicable federal and state laws pertaining to the separation of juveniles from adult inmates shall apply.(3) The facility shall submit information to and agree to monitoring from the Office of the Governor and/or the contract representative.(b) Separate Operations.(1) All pre-adjudication programs shall be operated separately from any post-adjudication programs.(2) Where a pre-adjudication program and a post-adjudication program are located in the same building or on the same grounds, direct verbal interaction and/or physical interaction between the two populations shall be kept to a minimum. Sight-and-sound separation is not required. Allowing the two populations to hear each other (non-interactive) and see each other does not constitute non-compliance with this standard.(3) During program hours, separate and distinct juvenile supervision officer supervision ratios shall be maintained in accordance with applicable standards in Subchapters C and D of this chapter if pre-adjudication and post-adjudication populations are sharing the same physical space and/or program activity.(4) During non-program hours, a single juvenile supervision officer may simultaneously satisfy the supervision ratios for pre-adjudication and post-adjudication populations housed in single-occupancy housing units.(c) Programming on Facility Premises for Non-Residents. Any youths who participate in day programming on the facility premises who are not residents of the facility shall be kept physically separated from residents of the facility at all times.</content><note type="source"><p>Source Note: The provisions of this §343.218 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.220"><num value="343.220">§343.220</num><heading>Population</heading><content>(a) The population of the facility shall not exceed the rated capacity of the facility.(b) A daily population roster shall be maintained in chronological order by date and shall be available for TJJD monitoring purposes. The population roster shall be current as of 5:00 a.m. daily.(c) The population roster shall include:(1) the date and time the roster was compiled;(2) the names of all residents in the facility;(3) the sex of all residents in the facility;(4) the housing assignment location (e.g., multiple/single-occupancy housing unit, assigned pod, bay, etc.) of all residents in the facility; and(5) the total resident population for each day.</content><note type="source"><p>Source Note: The provisions of this §343.220 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.222"><num value="343.222">§343.222</num><heading>Heating, Cooling, and Ventilation</heading><content>(a) The facility shall provide fully functioning heating and cooling systems adequate for the square footage of the facility. However, areas of a facility from which residents are restricted (e.g., mechanical rooms, storage rooms, etc.) are exempt from this requirement.(b) The facility shall provide a fully functioning ventilation system adequate for the square footage of the facility.(c) The facility shall maintain an alternate means of ventilation in the event that regular power is interrupted. The alternate means of ventilation shall ensure there is a mechanical means of bringing fresh air into and exhausting stagnant air out of all resident-occupied housing areas, such as placing an industrial-sized fan in front of an open door or window to bring in fresh air and placing another industrial-sized fan in front of another door or window to exhaust stagnant air.(d) Documentation of any malfunctions or repairs made to the heating, cooling, and ventilation systems shall be maintained in the facility's maintenance log.</content><note type="source"><p>Source Note: The provisions of this §343.222 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.224"><num value="343.224">§343.224</num><heading>Alternate Power Source</heading><content>(a) The facility shall have at least one alternate source of electrical power that provides for the simultaneous operation of life safety systems, including:(1) emergency lighting other than flashlights;(2) illuminated emergency exit lights and signs;(3) emergency audible communication systems and equipment;(4) fire detection and alarm systems;(5) ventilation and smoke management systems; and(6) all secure door-locking mechanisms which operate exclusively on electric current.(b) The alternate power source system (i.e., the alternate power source and the required life safety system) shall be tested at least once every 15 calendar days to ensure the system is in working condition.(c) The alternate power source system shall be inspected at least once each year, no later than the last day of the calendar month of the previous year's inspection. This inspection must be completed by a person with qualifications established through work experience, relevant training, specialized licensure, or certification.(d) Each test and inspection of the alternate power source system shall be documented and include the test date and test results.(e) If any malfunctions or maintenance needs of the alternate power source system are identified during a test or at any other time and are not corrected immediately, a written maintenance request shall be immediately submitted to the appropriate personnel.(f) The facility shall maintain a log to document all tests, inspections, and maintenance performed on the alternate power source.(g) If a facility uses multiple alternate power sources (i.e., gas- or diesel-powered emergency generator and a battery backup), all of the alternate power sources shall be considered part of the alternate power source system.</content><note type="source"><p>Source Note: The provisions of this §343.224 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.226"><num value="343.226">§343.226</num><heading>Lighting</heading><content>(a) Adequate lighting shall be provided to all areas of the facility.(b) In facilities that began operating as secure pre- or post-adjudication facilities on or after September 1, 2003, all housing units, including specialized housing units, shall provide natural light from a source within the housing unit. If the housing unit contains individual resident sleeping quarters, each individual resident sleeping quarters shall:(1) have its own natural light source; and/or(2) have a viewing window in the door or wall that allows for a direct line of sight to the natural light.</content><note type="source"><p>Source Note: The provisions of this §343.226 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.228"><num value="343.228">§343.228</num><heading>Dining Area</heading><content>The dining area shall provide a minimum of 15 square feet of floor space per diner.</content><note type="source"><p>Source Note: The provisions of this §343.228 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.230"><num value="343.230">§343.230</num><heading>Specialized Housing</heading><content>(a) A resident in specialized housing must be placed in a room or cell equipped with:(1) an operable toilet above floor level;(2) a washbasin with hot and cold running water or a single control that produces warm water;(3) a bed above floor level; and(4) access to natural light as described in §343.226 of this title.(b) Rooms or cells used for specialized housing must meet the spatial requirements in:(1) §343.452 and §343.644 of this title if the room or cell is in a single-occupancy housing unit; or(2) §343.474 and §343.656 of this title if the room or cell is in a multiple-occupancy housing unit.</content><note type="source"><p>Source Note: The provisions of this §343.230 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850; amended to be effective February 1, 2018, 42 TexReg 6380.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.232"><num value="343.232">§343.232</num><heading>Housing for Residents with Physical Disabilities</heading><content>All housing areas used by residents with physical disabilities shall be designed for their use and provide for their safety and security in accordance with state and federal law.</content><note type="source"><p>Source Note: The provisions of this §343.232 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.234"><num value="343.234">§343.234</num><heading>Program Areas</heading><content>The facility shall provide space for:(1) visitation;(2) religious activities;(3) interviewing and counseling; and(4) educational instruction.</content><note type="source"><p>Source Note: The provisions of this §343.234 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.236"><num value="343.236">§343.236</num><heading>Secure Storage Areas</heading><content>(a) The area(s) used to store hazardous materials, cleaning supplies, and equipment shall be locked and not accessible to residents.(b) Hazardous materials shall be stored:(1) in accordance with the storage requirements contained in the Material Safety Data Sheet (MSDS) for the product; and(2) in:(A) the original container with the manufacturer's label intact; or(B) a secondary container that is labeled with the identity of the product and appropriate hazard warnings.(c) Restraint devices and related security equipment shall be stored in a secure area when not in use. This equipment shall be readily accessible to authorized persons.(d) Space shall be provided for secure storage of residents' personal property.</content><note type="source"><p>Source Note: The provisions of this §343.236 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.238"><num value="343.238">§343.238</num><heading>Hazardous Materials</heading><content>(a) The facility shall maintain a master list of all hazardous materials used in the facility and a master copy of the Material Safety Data Sheet (MSDS) for each hazardous material used in the facility.(b) Staff members on all shifts shall have immediate access to a copy of the MSDS for each hazardous material used or stored in their work area(s).(c) Except as noted in subsection (d) of this section, the facility shall prohibit the use of all hazardous materials by residents.(d) Residents may use cleaning agents and paint only if:(1) access and use of the paint and/or cleaning agents by residents is strictly controlled and supervised by a juvenile supervision officer;(2) the residents are instructed on the use of the hazardous material and the proper equipment as identified by the MSDS;(3) the residents are provided the proper safety equipment identified by the MSDS; and(4) use of the hazardous material is part of a routine housekeeping or maintenance assignment.(e) Any use of hazardous materials shall be according to the manufacturer's instructions.(f) All staff members whose responsibilities include the use of hazardous materials shall:(1) receive documented, annual training in hazardous communications topics, including how to read and follow instructions in MSDS and product labels;(2) be made aware of the location of the MSDS; and(3) follow the prescribed guidelines in the MSDS.</content><note type="source"><p>Source Note: The provisions of this §343.238 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.240"><num value="343.240">§343.240</num><heading>Safety Codes</heading><content>(a) The following types of construction or renovation projects shall be designed, constructed, and maintained in accordance with the requirements of Chapter 22 of the Life Safety Code(r) (i.e., National Fire Protection Association 101):(1) a new facility that begins operation as a secure juvenile pre-adjudication or post-adjudication facility on or after January 1, 2015; and(2) an addition or major renovation to a facility that began operation as a secure juvenile pre-adjudication or post-adjudication facility before January 1, 2015. For purposes of this standard, a renovation project that requires the services of an architect or engineer is considered a major renovation.(b) The inspections described in this standard shall be conducted:(1) under at least one of the following fire/safety codes:(A) the Life Safety Code(r); or(B) the International Fire Code(r); and(2) by:(A) the authorized governmental fire authority; or(B) a person certified by the Texas Commission on Fire Protection.(c) The facility shall obtain the following inspections:(1) a formal fire safety inspection before the facility admits its first resident; and(2) an annual fire/safety code inspection of all applicable fire codes no later than the last day of the calendar month of the previous year's inspection.(d) Each fire safety inspection, including the annual inspection and any subsequent inspections, shall result in a written report that includes the following information:(1) identification of the specific code(s) used to complete the inspection;(2) name of the governmental entity that conducted the inspection, if applicable;(3) identification of any applicable code violations and the corresponding corrective action requirements;(4) name and title of the person conducting the inspection; and(5) date(s) of the inspection.(e) Any violations and/or deficiencies noted in the inspection report shall be immediately addressed by the facility administrator or designee. The facility administrator shall develop and implement a corrective action plan for all violations and/or deficiencies that cannot be immediately fixed.</content><note type="source"><p>Source Note: The provisions of this §343.240 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.242"><num value="343.242">§343.242</num><heading>Fire Safety Plan</heading><content>(a) The facility shall maintain and have in effect a written fire safety plan.(b) The fire safety plan shall:(1) be available to all supervisory personnel;(2) provide for the protection of all persons in the event of a fire by evacuation to areas of refuge and evacuation from the building when necessary; and(3) be coordinated with and reviewed by the fire authority legally committed to serve the facility. The coordination and review efforts required in this standard shall be validated by documentation prepared or attested to by a representative of the applicable fire authority.(c) The fire safety plan shall include the following:(1) procedures for limitations on the numbers or amounts of books, clothing, and other combustible personal property allowed in sleeping rooms and the proper disposal of combustible refuse;(2) a prohibition on using portable space heaters within the secure perimeter;(3) a requirement for each staff member assigned to the facility to be instructed and drilled regarding his or her duties in the event of a fire to include the location and use of life safety and/or fire suppression equipment:(A) during new employee orientation; and(B) at least once every 365 days; and(4) procedures for the use and control of flammable, toxic, and caustic materials.</content><note type="source"><p>Source Note: The provisions of this §343.242 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.244"><num value="343.244">§343.244</num><heading>Fire Safety Officer</heading><content>(a) The facility shall have a designated fire safety officer. The designation shall be in writing.(b) The fire safety officer shall:(1) ensure a log for fire drills is maintained;(2) ensure fire drills are conducted as required by §343.246 of this title;(3) ensure the posting of emergency evacuation plans as required by the applicable fire code for the facility;(4) implement procedures for limitations on the numbers or amounts of books, clothing, and other combustible personal property allowed in sleeping rooms and the proper disposal of combustible refuse;(5) implement procedures for the use and control of flammable, toxic, and caustic materials;(6) implement procedures to ensure that:(A) the facility exits are clear of obstructions;(B) the capacity of an exit route does not decrease in the direction of the exit; and(C) exit doors are properly marked for evacuation in the event of a fire or other emergency; and(7) ensure staff members are trained on the fire safety plan.</content><note type="source"><p>Source Note: The provisions of this §343.244 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.246"><num value="343.246">§343.246</num><heading>Fire Drills</heading><content>(a) The fire safety officer or designee shall conduct a fire drill on each shift at least once every 90 calendar days.(b) All staff on duty in the facility shall participate in the fire drills.(c) Each staff member assigned to the facility shall be instructed and drilled regarding his or her duties in the event of a fire to include the location and use of life safety and/or fire suppression equipment:(1) during new employee orientation; and(2) at least once every 365 days.(d) The facility shall maintain a fire drill log that contains the date and time of each fire drill and the names of staff members conducting each fire drill.</content><note type="source"><p>Source Note: The provisions of this §343.246 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.248"><num value="343.248">§343.248</num><heading>Non-Fire Emergency Preparedness Plan</heading><content>The facility shall have an emergency preparedness plan that includes, but is not limited to, severe weather, natural disasters, disturbances or riots, national security issues, and medical emergencies. The plan shall address:(1) the identification of key personnel and their specific responsibilities during an emergency or disaster situation;(2) procedures for:(A) alerting, notifying, activating, and deploying employees;(B) identifying mission-essential functions;(C) establishing alternate sites for the evacuation of residents; and(D) identifying staff members with authority and knowledge of functions;(3) agreements with other agencies or departments; and(4) transportation to pre-determined evacuation sites.</content><note type="source"><p>Source Note: The provisions of this §343.248 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.249"><num value="343.249">§343.249</num><heading>Internal Security</heading><content>(a) Written policies and procedures for security and control of the facility shall include the following:(1) continued operations in the event of a work stoppage;(2) provisions for the security, storage, and accessibility of:(A) keys;(B) tools;(C) medical equipment; and(D) kitchen utensils;(3) provisions to prevent firearms from entering the secure area of the facility, with the exception of a licensed peace officer who is officially responding to an active criminal event (e.g., hostage situation, resident riot, escape, etc.) within the facility; and(4) provisions for coordination with law enforcement authorities in the case of escape or other situations requiring assistance from city, county, or state law enforcement agencies.(b) The facility administrator or designee shall ensure that all special incidents, including taking of hostages, escapes, and assaults, are documented. A copy of the report shall be placed in the permanent file of any resident(s) involved in the incident.(c) Video and audio monitoring devices shall not substitute for required levels of supervision by a juvenile supervision officer.</content><note type="source"><p>Source Note: The provisions of this §343.249 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2011, 35 TexReg 10993; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.250"><num value="343.250">§343.250</num><heading>External and Perimeter Security</heading><content>(a) The facility's perimeter shall be controlled by appropriate means to:(1) ensure that residents remain within the perimeter; and(2) prevent access by the general public without proper authorization.(b) Any outdoor area in which residents are permitted shall be enclosed by a permanently erected fence or wall.</content><note type="source"><p>Source Note: The provisions of this §343.250 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.260"><num value="343.260">§343.260</num><heading>Resident Searches</heading><content>(a) The facility shall have written policies and procedures regulating the search of juveniles being admitted into the facility and residents already within the facility's population.(b) Residents shall be subjected only to the following searches:(1) a pat-down search, conducted by same-gender staff, as necessary for facility safety and security;(2) an oral cavity search to prevent concealment of contraband and to ensure the proper administration of medication;(3) a strip search based on the reasonable belief that the resident is in possession of contraband or reasonable belief that the resident presents a threat to the facility's safety and security;(A) a strip search shall be limited to a visual observation of the resident and shall not involve the physical touching of a resident;(B) a strip search shall be performed in an area that ensures the privacy and dignity of the resident; and(C) a strip search shall be conducted by a staff member of the same gender as the resident being searched; and(4) an anal or genital body cavity search only if there is probable cause to believe the resident is concealing contraband;(A) an anal or genital body cavity search shall be conducted only by a physician or physician assistant. The physician or physician assistant shall be of the same gender as the resident, if available;(B) all anal and genital body cavity searches shall be conducted in an office or room designated for medical procedures; and(C) all anal and genital body cavity searches shall be documented and the documentation shall be maintained in the resident's file.(c) Staff members conducting searches shall:(1) not touch residents any more than is necessary to conduct a comprehensive search;(2) make every effort to prevent embarrassment or humiliation of resident;(3) refrain from excessively forceful touching, prodding, or probing that may cause pain or injury;(4) refrain from search techniques that may resemble fondling, especially in the area of the resident's breasts, genitalia, and buttocks; and(5) conduct themselves in a professional manner and refrain from making inappropriate remarks or comments about the search process, the resident being searched, or the resident's body or physical appearance. Staff members' communications during the search shall be limited to the verbal instructions and requests necessary to conduct an effective and efficient search and to provide for resident, staff, and facility safety.(d) Probable cause for an anal or genital body cavity search shall be documented. This documentation shall include:(1) name of the resident searched;(2) date and time of the search;(3) probable cause justifying the search;(4) name and title of the physician conducting search; and(5) contraband found, if applicable.</content><note type="source"><p>Source Note: The provisions of this §343.260 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.261"><num value="343.261">§343.261</num><heading>Resident Supervision</heading><content>(a) When supervision under this chapter is performed through an architectural barrier (e.g., door, window), staff must have the ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window, regardless of how frequently visual observation recordings are required.(b) Facility policy must prohibit staff and residents from using any covering that prevents staff's ability to clearly see the resident without having to remove or relocate anything that might be on, covering, or blocking the observation window. Facility policy must address the actions to be taken if the prohibition is violated.(c) The refusal by staff or a resident to remove an item that prevents staff's ability to clearly see the resident is considered a serious threat to facility safety and/or security.(d) Nothing in this section requires continuous, uninterrupted visual supervision or constant visual supervision in instances in which such supervision is not required by another section.</content><note type="source"><p>Source Note: The provisions of this §343.261 adopted to be effective May 1, 2025, 50 TexReg 2481.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.262"><num value="343.262">§343.262</num><heading>Hygiene Plan</heading><content>(a) Residents shall be given appropriate instruction on personal and oral hygiene.(b) Facilities shall provide residents with hygiene items including:(1) soap;(2) shampoo;(3) toothbrush;(4) deodorant; and(5) brush or comb.(c) Toothbrushes, non-spray deodorant, brushes, and combs shall not be shared.</content><note type="source"><p>Source Note: The provisions of this §343.262 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.264"><num value="343.264">§343.264</num><heading>Resident Showers</heading><content>Residents shall be provided the opportunity to shower:(1) daily; and(2) after participating in strenuous exercise other than activities related to the educational curriculum (i.e., physical education).</content><note type="source"><p>Source Note: The provisions of this §343.264 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.266"><num value="343.266">§343.266</num><heading>Bedding</heading><content>(a) Required Items.(1) Each resident must be provided:(A) a mattress;(B) a mattress cover or fitted sheet;(C) a sheet;(D) a blanket;(E) a pillow; and(F) a pillowcase.(2) A mattress with an integrated pillow may be substituted for a separate pillow and pillowcase.(3) All bedding items listed in paragraph (1) of this subsection must be clean and in good condition.(4) A clean mattress cover (or fitted sheet), sheet, blanket, and pillowcase must be issued at least once every seven calendar days.(b) Modifications for Residents on Suicide Supervision. Modifications to a resident's bedding items may be made in accordance with §343.340 of this title. However, residents on suicide supervision may not be denied appropriate bedding substitutions.(c) Misuse of Bedding Items.(1) If a resident has misused a sheet, fitted sheet, mattress cover, pillow, or pillowcase or if staff have reason to believe the resident will misuse these bedding items, such as using a sheet as a weapon, the items may be substituted with a blanket.(2) If a substitution is authorized, the resident's misuse of the bedding item or the staff's reason to believe the resident will misuse the bedding item must be documented.(d) Misuse of Mattress in Specialized Housing.(1) A mattress may be temporarily removed from a specialized housing room or cell if evidence exists that the resident is:(A) actively damaging the mattress; or(B) using the mattress in a manner that presents a threat to safety or security, including, but not limited to, obstructing a doorway or window or folding the mattress to use as a makeshift stepstool.(2) If a resident's mattress is removed under paragraph (1) of this subsection, the reason for the removal must be documented.(e) Modifications for Residents in Disciplinary Seclusion, Safety-Based Seclusion, or Resident-Initiated Separation. Any or all of the bedding items listed in subsection (a)(1) of this section may be removed from a room or cell currently being used for disciplinary seclusion, safety-based seclusion, or resident-initiated separation whether or not the criteria in subsection (b), (c), or (d) of this section are present. However, unless the criteria in subsection (b), (c), or (d) of this section are present, all bedding items must be returned to the resident and be available for use during all non-program hours.</content><note type="source"><p>Source Note: The provisions of this §343.266 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective February 1, 2018, 42 TexReg 6380.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.268"><num value="343.268">§343.268</num><heading>Towels</heading><content>A clean towel shall be issued to each resident daily.</content><note type="source"><p>Source Note: The provisions of this §343.268 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.270"><num value="343.270">§343.270</num><heading>Clothing</heading><content>(a) Clean clothing shall be provided to each resident upon admission into the facility.(b) Clean undergarments and socks shall be issued daily. Clean uniforms and other clean clothing shall be issued at least twice per week, with a maximum of 72 hours between exchanges.(c) Climate-appropriate clothing shall be provided to all residents in the facility for any outdoor programming or activities.(d) A resident identified as moderate or high risk for suicidal behavior may have his/her clothing requirements modified per the facility's suicide prevention plan (see §343.340 of this title). However, in no case shall residents on suicide supervision be left in an unnecessary state of undress.(e) While participating in activities with at least one other resident or when assigned to a multiple-occupancy housing unit, residents identified as moderate or high risk for suicidal behavior shall not be required to wear protective clothing specifically designed to reduce the likelihood of self-harm such as safety smocks, paper gowns, or quilted vests.</content><note type="source"><p>Source Note: The provisions of this §343.270 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.272"><num value="343.272">§343.272</num><heading>Facility Maintenance, Cleanliness and Appearance</heading><content>(a) Housekeeping Plan. The facility shall implement a written housekeeping plan and provide verification for the maintenance of a clean and sanitary facility that promotes a safe and secure environment for residents.(1) The plan shall include:(A) a schedule for periodic and routine cleaning and housekeeping, including:(i) the identification of staff and resident responsibilities; and(ii) the regular cleaning and disinfection of toilet and shower areas currently in use;(B) a requirement for routine pest and vermin control; and(C) a requirement for facility staff to conduct a weekly cleaning, safety, and maintenance inspection of all areas of the facility that are currently in use.(2) The housekeeping plan shall be accessible to facility staff.(b) Maintenance. The facility administrator shall be responsible for ensuring that the interior physical plant, exterior grounds, and all equipment are in proper repair and safely functioning including the following requirements:(1) repairs shall be made promptly to all furniture, fixtures, and equipment currently in use that are not in safe working order;(2) all surfaces in facility areas currently being used shall be regularly maintained and repaired if damaged and shall be reasonably free from graffiti and markings, excluding minor damage from reasonable and expected wear and tear from normal use; and(3) all exterior grounds currently used for programmatic purposes or accessed by staff, residents, or visitors shall be free from any health and safety hazards and shall be appropriately maintained to ensure safe use by residents, staff, and visitors.(c) Cleanliness. All areas of the facility where residents reside or participate in programming or services shall be clean, sanitary, and reasonably free from debris, rodents, insects, and strong, offensive, or foul odors.</content><note type="source"><p>Source Note: The provisions of this §343.272 adopted to be effective January 1, 2010, 34 TexReg 709; amended to be effective October 15, 2010, 35 TexReg 9117; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.274"><num value="343.274">§343.274</num><heading>Resident Discipline Plan</heading><content>(a) Each facility shall develop and implement a written resident discipline plan that provides for the fair and consistent application of resident rules and sanctions.(b) The plan shall:(1) categorize resident rule violations as minor violations and major violations and list the corresponding sanctions available for each violation. If the discipline plan allows for repeated minor rule violations to be considered a major rule violation, the discipline plan shall:(A) specify how many minor rule violations constitute a major rule violation;(B) define a repeated violation as one that occurs within the same calendar day as the first violation; and(C) specify the sanctions available for repeated minor violations;(2) require a referral to law enforcement for resident behaviors that constitute probable cause for a class B misdemeanor or above;(3) prohibit the following:(A) corporal punishment;(B) humiliating punishment, including verbal harassment;(C) allowing or directing one resident to sanction another resident;(D) group punishment for the acts of individuals;(E) deprivation or modification of required meals and snacks;(F) deviation from normal food service procedures, except as allowed by §343.308 of this title;(G) deprivation of clean and appropriate clothing;(H) deprivation or intentional disruption of scheduled sleeping opportunities;(I) deprivation or intentional delay of medical or mental health services;(J) physical exercises imposed for compliance, intimidation, or discipline with the exception of practices allowed in §343.710 of this title; and(K) denial of the following as a disciplinary sanction:(i) the right to visitation as specified in §343.352(b) of this title;(ii) the right to send mail as specified in §343.360(a) and §343.364 of this title;(iii) the right to receive mail;(iv) the right to participate in large muscle exercise as specified in §343.498(b)(1) and §343.680(b)(1) of this title;(v) the right to receive required educational programming; and(vi) the right to participate in religious services or to receive religious counseling;(4) require written notice of an alleged major rule violation to be provided to the resident no more than 24 hours after the violation;(5) explain the process for conducting reviews of major rule violations and any ensuing appeals, as required by §§343.276, 343.280, and 343.282 of this title;(6) not deny or restrict a formal disciplinary review or appeal when one is requested by a resident with eligible standing; and(7) require an administrative review and closure of formal disciplinary reviews or appeals that are not resolved before the resident is released from the facility.(c) The resident discipline plan may also include an informal disciplinary review process to resolve rule violations. If used, the informal process shall include:(1) guidelines that describe how residents and staff use the process to review and resolve resident concerns;(2) a requirement for the staff member conducting the informal review to allow the resident to be heard before a decision is made to impose a sanction; and(3) a prohibition on issuing a sanction to or retaliating against a resident who chooses to forego the informal disciplinary review process in favor of a formal disciplinary review.</content><note type="source"><p>Source Note: The provisions of this §343.274 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.276"><num value="343.276">§343.276</num><heading>Formal Disciplinary Reviews for Major Rule Violations</heading><content>(a) A resident shall receive a formal disciplinary review before disciplinary seclusion is imposed unless the review is waived in writing by the resident.(b) For sanctions other than disciplinary seclusion that result from a major rule violation, a formal disciplinary review shall be held if requested by the resident. Upon such a request, the review shall be held within five calendar days after the resident's request. Any delay beyond five calendar days must be supported by documented justification explaining why it was impossible, impractical, or inappropriate to hold the review within five calendar days.</content><note type="source"><p>Source Note: The provisions of this §343.276 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.280"><num value="343.280">§343.280</num><heading>Formal Disciplinary Review Process</heading><content>The formal disciplinary review process shall include the following elements:(1) The review shall be held by one or more neutral and impartial persons who were not directly involved in the alleged rule violation or the imposed sanction.(2) All evidence shall be disclosed to the resident unless:(A) a law enforcement officer or prosecuting authority requests the facility to withhold certain evidence; or(B) the facility administrator documents that certain evidence may create a breach of facility security or compromise the safety of a resident or others.(3) The resident shall have the opportunity to be heard in person and to present evidence.(4) The resident shall have the opportunity to present relevant witnesses.(5) A staff member and/or translator shall be appointed to assist the resident if:(A) the resident is illiterate, limited English proficient, or otherwise unable to understand the nature of the proceedings; or(B) the resident requests assistance.(6) If the review determines that the resident did not commit a rule violation or that the sanction is not appropriate, facility staff shall:(A) not impose the sanction; or(B) if the sanction has already been imposed, restore or reinstate any denied or modified privileges or determine some form of appropriate relief, if available.(7) Once the review has been completed, the person(s) who held the review shall prepare a written statement indicating the evidence relied upon and the justification for the disposition. The statement shall be made available to the resident for review and a copy shall be retained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.280 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.282"><num value="343.282">§343.282</num><heading>Resident Appeals</heading><content>A resident may appeal the findings of a formal disciplinary review. The appeal process shall include the following elements.(1) The appeal shall be decided by one or more neutral and impartial persons who were not directly involved in the formal disciplinary review and not directly involved in the disciplinary process.(2) The resident shall be allowed to submit the request for an appeal within seven calendar days after a disposition is rendered in the formal disciplinary review.(3) The person(s) who decides the appeal shall prepare a written response to the resident's appeal that:(A) indicates the evidence to be relied upon in making the appeal decision and the justification for the decision; and(B) is completed within 10 calendar days after the date the resident requested the appeal. Any delay beyond 10 calendar days must be supported by documented justification explaining why it was impossible, impractical, or inappropriate to answer the appeal within ten calendar days.(4) If the appeal determines the resident did not commit the violation or that the sanction given was not appropriate, staff shall restore or reinstate any denied or modified privileges or determine some form of appropriate relief, if available.(5) The appeal response shall be made available to the resident for review and a copy shall be retained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.282 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.284"><num value="343.284">§343.284</num><heading>Disciplinary Review Log</heading><content>The facility shall maintain a log or other documentation that shows the names of the residents who have requested or received:(1) an informal disciplinary review;(2) a formal disciplinary review; and/or(3) an appeal of a formal disciplinary review.</content><note type="source"><p>Source Note: The provisions of this §343.284 adopted to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.285"><num value="343.285">§343.285</num><heading>Disciplinary Seclusion</heading><content>(a) Disciplinary seclusion may be imposed only for a major rule violation proved in a formal disciplinary review.(b) Disciplinary seclusion shall not be issued to a resident with a known diagnosis of:(1) a serious mental illness; or(2) severe or profound intellectual disability.(c) A mental health provider shall be consulted before disciplinary seclusion is imposed if the resident has a current designation as moderate or high risk for suicide.(d) Disciplinary seclusion shall be limited to 48 hours in duration. The time a resident spends in disciplinary seclusion shall be counted from the time he/she is placed in disciplinary seclusion until the time he/she is formally released from disciplinary seclusion. The time shall be continuous and include program and non-program hours.(e) The formal disciplinary review and appeal process as detailed in §§343.276, 343.280, and 343.282 of this title shall apply to residents placed in disciplinary seclusion.(f) While a resident is in disciplinary seclusion, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed 15 minutes unless supervision requirements in §343.348 or §343.350 of this title apply.</content><note type="source"><p>Source Note: The provisions of this §343.285 adopted to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.286"><num value="343.286">§343.286</num><heading>Room Restriction</heading><content>(a) The facility shall maintain documentation of the reason for each room restriction.(b) While a resident is in room restriction, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed 15 minutes unless supervision requirements in §343.348 or §343.350 of this title apply.(c) Room restriction assignments shall be in individual sleeping quarters or a room specifically designated for use in room restriction. If the room is not individual sleeping quarters, the room shall:(1) be heated, cooled, and ventilated in accordance with §343.222 of this title;(2) have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling; and(3) be equipped with a viewing window that allows staff to observe the resident.</content><note type="source"><p>Source Note: The provisions of this §343.286 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.287"><num value="343.287">§343.287</num><heading>Resident-Initiated Separation</heading><content>(a) The facility shall maintain a written plan to address resident-initiated separation.(b) The plan shall include the following:(1) a requirement to release the resident as soon as reasonably possible after the resident requests to be released, not to exceed 90 minutes after the resident's request;(2) a requirement to document the time the resident requests to be released;(3) a requirement for a staff review if the resident has not requested to be released within four hours; and(4) procedures to address repeated resident-initiated separations by one resident, to include procedures for referral to a mental health provider when necessary.(c) The plan shall state which locations may be used for resident-initiated separation. If the plan allows for the use of a room other than individual resident sleeping quarters, the room shall:(1) be heated, cooled, and ventilated in accordance with §343.222 of this title;(2) have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling; and(3) be equipped with a viewing window that allows staff to observe the resident.(d) A juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed 15 minutes unless supervision requirements in §343.348 or §343.350 of this title apply.</content><note type="source"><p>Source Note: The provisions of this §343.287 adopted to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.288"><num value="343.288">§343.288</num><heading>Safety-Based Seclusion</heading><content>(a) Safety-based seclusion may be used only when a reasonable belief exists, based on a resident's current behavior, that one or more of the following is true:(1) the resident is a serious and probable escape risk;(2) the resident is a serious and probable physical danger to others and staff cannot protect them except by placing the resident in safety-based seclusion;(3) confinement is necessary to prevent probable and substantial damage to property;(4) confinement is necessary to control behavior that disrupts programming to the extent that the current program cannot continue except by placing the resident in safety-based seclusion; or(5) the resident is likely to interfere with a pending or ongoing investigation or a requested or scheduled disciplinary review hearing.(b) A written report that describes the resident's precipitating behavior and identifies the staff's response shall be:(1) completed no later than the end of the shift on which the safety-based seclusion begins; and(2) submitted immediately upon completion to the facility administrator for review.(c) A mental health provider shall be consulted before the end of the 24th hour of safety-based seclusion if the resident has a known diagnosis of a serious mental illness, a known diagnosis of severe or profound intellectual disability, and/or a current designation as high or moderate risk for suicide. If the seclusion occurs on a holiday or weekend and no mental health provider is available, the facility administrator or designee shall notify the mental health provider of the seclusion. The facility administrator or designee shall consult with the mental health provider as soon as possible after the notification.(d) While a resident is in safety-based seclusion, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed 15 minutes unless supervision requirements in §343.348 or §343.350 of this title apply.(e) At any time before or after a safety-based seclusion review, the seclusion shall be immediately discontinued if the facility administrator or designee determines seclusion is no longer warranted.(f) The time a resident spends in safety-based seclusion shall be counted from the time he/she is placed in safety-based seclusion until the time he/she is formally released from safety-based seclusion. The time shall be continuous and include program and non-program hours.(g) Prior to the 72nd hour of safety-based seclusion, the facility shall prepare a written reintegration plan and review the plan with the resident. The plan shall include specific behaviors required for release from safety-based seclusion.(h) If a resident poses an imminent threat to facility safety or security and services required in §343.274(b)(3)(K) of this title are temporarily restricted, the facility shall maintain documentation of each restriction and the justification.</content><note type="source"><p>Source Note: The provisions of this §343.288 adopted to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.289"><num value="343.289">§343.289</num><heading>Safety-Based Seclusion Reviews</heading><content>(a) Safety-Based Seclusion beyond Four Hours.(1) An initial safety-based seclusion review shall be held no later than four hours after a resident is placed in safety-based seclusion. If the fourth hour of seclusion occurs during non-program hours, the review shall be held no later than two hours after the start of the ensuing day's program schedule.(2) The initial safety-based seclusion review shall be held by the facility administrator or designee.(3) The initial safety-based seclusion review shall determine whether the alleged behavior meets criteria for safety-based seclusion as established in §343.288 of this title and whether continued seclusion is appropriate.(A) If the review results in a finding that the alleged behavior does not meet criteria for placement in safety-based seclusion or that continued seclusion is not appropriate, the seclusion shall be immediately discontinued.(B) If safety-based seclusion is continued, documentation shall be maintained that shows the resident was notified of the reason for continued seclusion.(b) Safety-Based Seclusion beyond 24 Hours. A safety-based seclusion review is required before the end of each 24-hour period of seclusion. If the 24th hour of seclusion occurs during non-program hours, the review shall be conducted no later than two hours after the start of the ensuing day's program schedule.(1) The review shall be held by a staff member who was not directly involved in the decision to place the resident in seclusion. The resident shall be present for the review.(2) The review shall determine if continued seclusion is warranted. Seclusion shall not be continued unless:(A) there is a reasonable belief that the resident continues to meet criteria in §343.288(a) of this title; and(B) the facility administrator approves the continued seclusion.(3) Documentation of each review shall be retained in the resident's file.(c) Safety-Based Seclusion beyond Five Days.(1) A resident shall not be secluded beyond five consecutive calendar days unless:(A) the chief administrative officer or administrative designee determines the resident continues to meet criteria in 343.288(a) of this title; and(B) the placing agency, if different from the agency operating the facility, is notified of the resident's status.(2) The finding and notice requirements in paragraph (1) of this subsection apply to every 24-hour period beyond five calendar days.</content><note type="source"><p>Source Note: The provisions of this §343.289 adopted to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.290"><num value="343.290">§343.290</num><heading>Protective Isolation</heading><content>(a) Protective isolation may be used as a last resort only when:(1) a resident is physically threatened by a resident or a group of residents;(2) less restrictive measures are inadequate to keep the resident safe; and(3) the decision is approved in writing by the facility administrator.(b) Protective isolation may be used only until alternative means for keeping the resident safe can be arranged.(c) While a resident is in protective isolation, a juvenile supervision officer shall observe and record the resident's behavior at random intervals not to exceed 15 minutes, unless supervision requirements in §343.348 or §343.350 of this title apply.(d) If the protective isolation of a resident exceeds 24 hours, the facility administrator shall immediately conduct a documented review of the circumstances surrounding the level of threat faced by the resident and make a determination as to whether other less restrictive protective measures are appropriate and available. If continued protective isolation is approved, the facility administrator shall ensure that the review document includes a plan to ensure the isolated resident is provided all required program services during the period of protective isolation.(e) Documentation that identifies the threat faced by the resident shall be placed in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.290 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.294"><num value="343.294">§343.294</num><heading>Separation Status Log</heading><content>The facility shall maintain a log or other documentation that shows, in chronological order by date, the following information any time a resident is placed in disciplinary seclusion, safety-based seclusion, room restriction, resident-initiated separation, protective isolation, medical isolation, or assessment isolation:(1) resident's name;(2) type of separation;(3) date and time the separation began; and(4) date and time the separation ended.</content><note type="source"><p>Source Note: The provisions of this §343.294 adopted to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.300"><num value="343.300">§343.300</num><heading>Nutritional Requirements</heading><content>Meals shall contain a variety of foods and meet the dietary requirements of the United States Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §343.300 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.302"><num value="343.302">§343.302</num><heading>Menu Plans</heading><content>(a) The facility shall develop and follow daily, written menu plans. The menu plans shall incorporate all daily meals and snacks provided to residents.(b) Menu plans shall be reviewed and approved at least once each year, no later than the last day of the calendar month of the previous year's approval. The review and approval shall be conducted by a licensed or provisionally licensed dietician to ensure that the menu plans meet or exceed the requirements of the United States Department of Agriculture.(c) All deviations from the menu plan shall be documented.</content><note type="source"><p>Source Note: The provisions of this §343.302 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.306"><num value="343.306">§343.306</num><heading>Modified Diets</heading><content>(a) Modified diets shall be provided upon the direction of a health care professional.(b) When a resident's religious beliefs require adherence to religious dietary laws, the facility shall make a reasonable and equitable effort to provide a modified diet, within the limitations of resources and the facility's need for safety, security, health, and order.(c) Religious diets shall be documented in the resident's record.</content><note type="source"><p>Source Note: The provisions of this §343.306 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.308"><num value="343.308">§343.308</num><heading>Mealtime Prohibitions</heading><content>(a) Residents shall not eat meals in their rooms unless:(1) the resident is in disciplinary seclusion, safety-based seclusion, resident-initiated separation, room restriction, medical isolation, or assessment isolation; or(2) it is necessary for facility safety and security (e.g., during a riot).(b) When a resident is required to eat meals in his or her room:(1) the resident shall be served meals that meet the same nutritional guidelines as meals served in the cafeteria, unless the resident is being served a medical or religious diet; and(2) meals shall be served following normal food service procedures, unless the resident poses a documented safety risk to himself/herself or others.</content><note type="source"><p>Source Note: The provisions of this §343.308 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.310"><num value="343.310">§343.310</num><heading>Staff Meals</heading><content>If facility staff members eat in the presence of residents, the staff members shall eat the same meal served to the residents unless a special diet has been ordered by a health care professional or a staff member's religious beliefs require a different meal.</content><note type="source"><p>Source Note: The provisions of this §343.310 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.312"><num value="343.312">§343.312</num><heading>Daily Meal Schedule</heading><content>(a) Three meals shall be provided daily to each resident in the facility.(b) At least two of the meals shall be hot.(c) No more than 14 hours may elapse between the evening meal and breakfast unless a snack is provided.(d) Residents shall be allowed no less than ten minutes to eat once they have received their meal.</content><note type="source"><p>Source Note: The provisions of this §343.312 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.314"><num value="343.314">§343.314</num><heading>On-Site Food Preparation</heading><content>(a) A facility that prepares food on site shall maintain a valid permit and any required licenses issued by the local health department or the Texas Department of State Health Services (DSHS), unless one of the exceptions in subsection (b) or (c) of this section applies.(b) A privately operated facility that is located in an area regulated by DSHS shall obtain a permit through the Food and Drug Group of DSHS and shall renew the permit on an annual basis.(c) A county-operated facility that is located in an area without a local health department is exempt from the permit requirement in subsection (a) of this section. However, the facility shall maintain a current inspection by the Public Health Sanitation Group of DSHS.</content><note type="source"><p>Source Note: The provisions of this §343.314 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.316"><num value="343.316">§343.316</num><heading>Off-Site Food Preparation</heading><content>(a) A facility that regularly receives food from an off-site source shall maintain a copy of the source's valid permit and any required licenses issued by the local health department or the Texas Department of State Health Services. The transfer of such food to the facility shall be conducted in a manner to prevent contamination or adulteration.(b) If the facility receives food from an off-site source on a special occasion, the facility is not required to maintain a copy of any required permits or licenses for the additional off-site source.</content><note type="source"><p>Source Note: The provisions of this §343.316 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.320"><num value="343.320">§343.320</num><heading>Health Service Authority</heading><content>(a) The facility shall have a designated health service authority responsible for the development and implementation of a health care system within the facility. The designation shall be in writing.(b) The health service authority shall be a physician, physician assistant, registered nurse, nurse practitioner, health administrator, or a medical entity.(c) When a medical entity is designated as the health service authority, an individual shall be identified as the primary point of contact.</content><note type="source"><p>Source Note: The provisions of this §343.320 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.322"><num value="343.322">§343.322</num><heading>Health Service Plan</heading><content>(a) The facility shall have and implement a written health service plan developed in consultation with the health service authority. The health service plan shall establish the facility's health care delivery system and detail the protocols for the delivery of medical, mental health, and dental services for all residents. The plan shall include:(1) procedures for conducting health screenings and health assessments;(2) procedures for the referral of residents in need of medical attention, either self-reported or identified by staff, for medical, mental health, and dental services;(3) procedures for emergency health care services;(4) procedures to ensure continuity of care in accordance with the instructions of the medical provider including the delivery of treatment, medication, referrals, follow up, and medically modified diets;(5) procedures relating to informed consent as required by Texas Family Code Chapter 32 for medical, dental, psychological, and surgical treatment; immunizations; and counseling services;(6) procedures relating to procurement, distribution, dispensing, disposal, and accounting of prescription and over-the-counter medication;(7) procedures for performing all examinations, treatments, and other procedures in a confidential setting consistent with facility operations and security;(8) procedures for off-premises transportation and evacuation of residents with medical restrictions;(9) procedures for identification and control of communicable diseases;(10) procedures for staff education and training relating to the facility's health care delivery system;(11) procedures relating to first aid kit contents, location, and periodic inspections; and(12) procedures for pregnant residents to receive timely and appropriate prenatal care, specialized obstetrical services when indicated, and postpartum care. These procedures shall also include procedures for the safe and appropriate restraint (both physical and mechanical) of pregnant residents.(b) The health service plan shall be reviewed at least once every 24 months in consultation with the health service authority.</content><note type="source"><p>Source Note: The provisions of this §343.322 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.324"><num value="343.324">§343.324</num><heading>Health Services Coordinator</heading><content>(a) The facility shall have a designated health services coordinator on staff or on contract to coordinate health care delivery in the facility. Designation of the health services coordinator shall be in writing.(b) If the health services coordinator is not a health care professional, the health services coordinator shall receive special training in health care and health care service delivery topics relevant to detention and correctional facilities and be familiar with local health care providers and facilities. The facility shall work in conjunction with the health service authority to determine the topics of this specialized training.</content><note type="source"><p>Source Note: The provisions of this §343.324 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.326"><num value="343.326">§343.326</num><heading>Medical Referral</heading><content>If a staff member observes any resident to be in need of medical attention or if a resident requests medical attention, the resident shall be referred for medical services. The resident may not be denied access to health care if the resident will only disclose the condition or reason for the treatment request to a health care professional.</content><note type="source"><p>Source Note: The provisions of this §343.326 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.328"><num value="343.328">§343.328</num><heading>Consent for Medical Treatment</heading><content>(a) Consent for medical treatment shall be secured in accordance with Chapter 32 of the Texas Family Code.(b) Documentation of consent for medical treatment received shall be maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.328 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.330"><num value="343.330">§343.330</num><heading>Medical Treatment for Victims of Abuse</heading><content>(a) Testing for sexually transmitted diseases, including HIV/AIDS, shall be made available to a resident who is found in an internal investigation or TJJD investigation to have been abused, neglected, or exploited in a manner by which any physical injuries may have occurred or any sexually transmitted disease may have been contracted. The testing services and any subsequent medical treatment services shall be at no cost to the resident or the resident's family.(b) Determinations as to what testing and treatment services are medically necessary and appropriate shall be made by a health care professional or in direct consultation with a health care professional.</content><note type="source"><p>Source Note: The provisions of this §343.330 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.332"><num value="343.332">§343.332</num><heading>Behavioral Health Care Services for Sexual Abuse Victims</heading><content>(a) A mental health provider shall assess any resident who, at the conclusion of an internal investigation or TJJD investigation of abuse, neglect, or exploitation that occurred in the facility, is found to have been the victim of a sexual assault. The mental health provider shall assess the need for crisis intervention counseling and any subsequent long-term, follow-up, or counseling services. The assessment and any subsequent counseling services shall be at no cost to the resident or the resident's family.(b) Determinations as to what assessment and counseling services are necessary and appropriate shall be made by a mental health provider or in direct consultation with a mental health provider.</content><note type="source"><p>Source Note: The provisions of this §343.332 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.334"><num value="343.334">§343.334</num><heading>Confidentiality</heading><content>(a) All medical and mental health screenings and assessments shall be conducted in a confidential setting consistent with facility operations and security.(b) All interactions between a resident and a health care professional that involve treatment or an exchange of confidential medical information shall be conducted in private. The facility's policies and procedures may authorize a juvenile supervision officer to be present in the following situations:(1) if the resident poses a substantial risk to the safety of the health care professional or others;(2) if the facility has a written policy requiring the presence of a juvenile supervision officer during medical treatment;(3) if the health care professional or resident requests the presence of a juvenile supervision officer during the treatment; or(4) if the circumstances or situation indicate the presence of a juvenile supervision officer is necessary and prudent.</content><note type="source"><p>Source Note: The provisions of this §343.334 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.336"><num value="343.336">§343.336</num><heading>Medication Administration</heading><content>(a) No stimulant, tranquilizer, or psychotropic drug shall be administered to residents without an order from a physician, physician assistant, dentist, or nurse practitioner.(b) The governing board of the facility shall adopt a policy concerning the administration of medication to residents. The policy shall include:(1) a listing of which facility personnel are authorized to administer medication to residents;(2) a requirement that, for any medication brought into the facility by the resident's parent, guardian, or custodian:(A) the facility administrator shall have a written request from the parent, guardian, or custodian to administer the medication; and(B) the medication shall be in the original, properly labeled container;(3) a requirement that all medication prescribed to the resident during the resident's stay is administered; and(4) a requirement to document each administration of medication.(c) Only staff who have had appropriate training in the administration of medication shall administer non-prescription medication (i.e., over-the-counter medication). The medication shall be administered according to the product instructions unless:(1) the health services coordinator instructs otherwise;(2) the health services coordinator is a health care professional; and(3) the deviation from the product's instructions and the reason for it are documented.</content><note type="source"><p>Source Note: The provisions of this §343.336 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.338"><num value="343.338">§343.338</num><heading>Medical Isolation</heading><content>Medical isolation may be authorized as a health precaution at the direction of a health care professional or the facility administrator.(1) The reasons for the medical isolation of a resident shall be documented and a copy placed in the resident's file.(2) A resident who has been placed on medical isolation by a facility administrator shall be seen by a health care professional within 12 hours after the start of the isolation. Upon completion of the health care professional's evaluation, the facility shall obtain from the health care professional a written recommendation as to the need for the resident's continued medical isolation and need for ongoing treatment services.(3) During medical isolation, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed 15 minutes.</content><note type="source"><p>Source Note: The provisions of this §343.338 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.340"><num value="343.340">§343.340</num><heading>Suicide Prevention Plan</heading><content>(a) The facility shall implement a written suicide prevention plan, developed in consultation with a mental health provider. Consultation with the mental health provider shall be verified on documentation containing:(1) the date;(2) the provider's name, title, and professional credentials/licensing designation (e.g., LPC, LMSW, etc.); and(3) the provider's signature or other means of verifying the provider's identity (e.g., email from the provider's email account).(b) The suicide prevention plan shall include:(1) definitions of moderate and high risk for suicidal behavior;(2) a listing of the facility-specific criteria associated with each of the two risk classifications and the identification of staff with the authority and responsibility for assigning or determining a resident's risk classification;(3) identification of the suicide screening instrument to be used and the personnel responsible for conducting the screening;(4) policies and procedures for suicide screening, including:(A) conducting a screening within two hours after a resident's admission into the facility;(B) conducting suicide screenings upon any indication a resident previously screened may now be at moderate or high risk for suicidal behavior or at other times during a resident's stay;(C) assessing risk when a resident refuses or is unable to cooperate with the screening process; and(D) using information from the screening to determine a resident's risk for suicidal behavior;(5) policies and procedures for written and/or verbal communication among facility staff; mental health providers; the resident's juvenile probation officer; the resident; and the resident's parent, legal guardian, or custodian, including:(A) communication about staff concerns that a resident previously screened may now be at moderate or high risk for suicidal behavior;(B) communication about a resident's past or current classification as moderate or high risk for suicidal behavior;(C) procedures for referring residents classified as moderate or high risk for suicidal behavior to a mental health provider as required by §343.346 of this title; and(D) identification of which types of information must be communicated, who is responsible to initiate the communication, who is required to receive the information, and how the information is communicated (e.g., direct contact, telephone, email, etc.);(6) level of supervision for residents assigned to moderate or high risk for suicidal behavior;(7) policies and procedures for intervening in suicide attempts, including:(A) staff responsibilities for administering first aid, contacting outside emergency medical services, and notifying other staff for assistance;(B) the process by which emergency medical services personnel will gain access to the facility and how they be guided to the resident;(C) identification and location of life-saving and emergency equipment (e.g., first aid kit, mask resuscitator, rescue tools, ladder, etc.) that is available for staff to use; and(D) identification of personnel responsible for maintaining, issuing, and using the life-saving and emergency equipment;(8) reporting of resident suicides and attempted suicides, in accordance with any applicable state law, administrative rule, or local policy or ordinance, including:(A) reporting a resident's death to local law enforcement and TJJD as required by §358.600 of this title;(B) reporting the death of an incarcerated resident to the Texas Attorney General's office as required by §358.640 of this title and Texas Code of Criminal Procedure Article 49.18(b); and(C) reporting a resident's attempted suicide to TJJD as required by §358.300 of this title;(9) policies and procedures for training all juvenile supervision officers on the contents and implementation of the suicide prevention plan, including:(A) identification of the training topics and curriculum; and(B) a timeline for the initial training and any follow-up training;(10) housing of residents classified as moderate or high risk for suicidal behavior, including removal of any dangerous objects such as clothing and bedding items from the resident; and(11) policies and procedures for conducting mortality reviews for suicides, including:(A) identification of the person or position that is responsible for leading the mortality review and identification of any other review team members;(B) identification of how the findings and recommendations will be recorded and relayed to the facility's governing board;(C) a requirement that the mortality review shall be:(i) designed to review the specific circumstances that occurred before, during, and after the suicide to determine if there is a need for modifications to policies, procedures, or the physical plant; and(ii) separate and distinct from any and all formal investigations such as investigations conducted by the facility, law enforcement, or TJJD.</content><note type="source"><p>Source Note: The provisions of this §343.340 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.342"><num value="343.342">§343.342</num><heading>Review and Dissemination of Suicide Prevention Plan</heading><content>(a) The suicide prevention plan shall be reviewed in consultation with a mental health provider at least once each year, no later than the last day of the calendar month of the previous year's review. Consultation with the mental health provider shall be verified on documentation that includes:(1) the date;(2) the provider's name, title, and professional credentials/licensing designation (e.g., LPC, LMSW, etc.); and(3) the provider's signature or other means of verifying the provider's identity (e.g., email from the provider's email account).(b) The suicide prevention plan shall be made available to all facility staff involved in implementing the plan.</content><note type="source"><p>Source Note: The provisions of this §343.342 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.346"><num value="343.346">§343.346</num><heading>Mental Health Referral of High-Risk Suicidal Youth</heading><content>(a) The facility shall refer a resident classified as high risk for suicidal behavior to a mental health provider or mental health agency within 24 hours after the classification is assigned.(b) The facility shall maintain documentation that the referral was made. The documentation shall include:(1) the name and title of the person who notified the mental health provider;(2) the name and title of the mental health provider or name of the mental health agency notified;(3) the date and time of the notification;(4) the method of notification; and(5) a brief description of the response provided by the mental health provider or a responsive document from the mental health provider.</content><note type="source"><p>Source Note: The provisions of this §343.346 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.348"><num value="343.348">§343.348</num><heading>Supervision of High-Risk Suicidal Youth</heading><content>(a) For residents classified as high risk for suicidal behavior, during non-program hours or any time a resident is separated from other residents, the following supervision requirements shall apply unless an exception in §343.446 and §343.638 of this title applies:(1) the resident shall be under the continuous, uninterrupted visual supervision of a juvenile supervision officer;(2) the juvenile supervision officer shall document his or her personal observations of the resident at intervals not to exceed 30 minutes; and(3) if the juvenile supervision officer is providing the continuous, uninterrupted visual supervision from within a control room, the officer shall not simultaneously be responsible for the operation of the control room.(b) The following documentation shall be maintained for residents classified as high risk for suicidal behavior:(1) the date and time the resident was classified as high risk;(2) name and title of the person who classified the resident as high risk;(3) a description of the resident's behavior and/or factors that led up to the resident's classification as high risk;(4) the name of each juvenile supervision officer providing supervision of the resident and the times during which each officer provided supervision;(5) the location of the resident's supervision;(6) the name and title of the qualified mental health professional, mental health provider, or physician who recommended reclassification of the resident to a lower risk level; and(7) the date and time the resident was reclassified.(c) Reclassification of a high-risk resident to a lower risk level shall not occur without a recommendation from a qualified mental health professional, mental health provider, or licensed physician.(1) Prior to recommending reclassification, a qualified mental health professional, mental health provider, or licensed physician shall review the resident's current suicide risk and issue a written recommendation that addresses the following:(A) the need to reclassify the resident's suicide risk level;(B) the need for intervention strategies and/or services during the resident's stay at the facility; and(C) the need for additional assessment, screening, or evaluation.(2) The written recommendation of the qualified mental health professional, mental health provider, or licensed physician shall be maintained in the resident's record.(3) The facility administrator or designee shall review the written recommendation of the qualified mental health professional, mental health provider, or licensed physician prior to reclassifying a high-risk resident to a lower risk level.(4) Only the facility administrator or designee shall authorize the reclassification of a high-risk resident to a lower risk level.</content><note type="source"><p>Source Note: The provisions of this §343.348 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.350"><num value="343.350">§343.350</num><heading>Supervision of Moderate-Risk Suicidal Youth</heading><content>(a) Any time a resident classified as moderate risk for suicidal behavior and is not in the constant physical presence of a juvenile supervision officer, a juvenile supervision officer shall personally observe and record the resident's behavior at random intervals not to exceed ten minutes, unless an exception in §343.446 and §343.638 of this title applies. If the juvenile supervision officer is making the observations from within a control room, the officer shall not simultaneously be responsible for the operation of the control room.(b) The following documentation shall be maintained for residents classified as moderate risk for suicidal behavior:(1) the date and time the resident was classified as moderate risk;(2) the location of the resident's supervision;(3) the name of the juvenile supervision officer providing supervision of the resident;(4) each visual observation made and the time of the observation; and(5) a general description of the resident's behavior.(c) Only the facility administrator or designee shall authorize the reclassification of a moderate-risk resident to a higher or lower risk level.(d) Documentation of the reclassification shall be maintained in the resident's record.</content><note type="source"><p>Source Note: The provisions of this §343.350 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.351"><num value="343.351">§343.351</num><heading>Suicidal Youth Log</heading><content>(a) The facility shall maintain a log for all residents classified as moderate or high risk for suicidal behavior. The log shall show, in chronological order by date, the following information:(1) name of the resident;(2) date and time the resident was classified as moderate or high risk for suicidal behavior; and(3) date and time the resident was removed from classification as moderate or high risk for suicidal behavior.(b) The log is not required to show reclassifications between high risk and moderate risk status.</content><note type="source"><p>Source Note: The provisions of this §343.351 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.352"><num value="343.352">§343.352</num><heading>Visitation</heading><content>(a) Residents have the right to receive visitors and to communicate subject only to the limitations authorized in §343.354 of this title.(b) Residents shall be allowed visitation by a parent, legal guardian, or custodian at least once every seven calendar days for at least thirty minutes or the equivalent over multiple visits.(c) The parent, legal guardian, or custodian of the resident shall be notified of the visitation schedule.(d) A registry of all visitors shall be maintained. The registry shall document:(1) each visitor's name and relationship to the resident; and(2) the date and time of each visit.</content><note type="source"><p>Source Note: The provisions of this §343.352 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.354"><num value="343.354">§343.354</num><heading>Limitations on Visitation</heading><content>(a) The policies, procedures, and practices of the facility may deny a resident's visitation rights listed in §343.352(b) of this title only to the extent required to maintain control and security of the facility.(b) A resident's visitation rights listed in §343.352(b) of this title shall not be denied as a disciplinary sanction.(c) The facility administrator or designee shall provide documentation justifying any denial of a resident's visitation rights.</content><note type="source"><p>Source Note: The provisions of this §343.354 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.356"><num value="343.356">§343.356</num><heading>Access to Attorney</heading><content>(a) Residents shall be permitted reasonable access to confidential contact with their attorneys and designated representatives of their attorneys through telephone, uncensored letters, and personal visits.(b) Residents shall not be within the audible range of facility staff or other residents but may be within visual observation of facility staff when making telephone calls or visiting with the residents' attorneys or their attorneys' designated representatives.</content><note type="source"><p>Source Note: The provisions of this §343.356 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.358"><num value="343.358">§343.358</num><heading>Telephone</heading><content>(a) A resident shall be provided the opportunity for at least one five-minute phone call every seven calendar days. The facility shall maintain documentation detailing phone call opportunities provided to residents.(b) A resident's right to telephone usage listed in subsection (a) of this section shall not be restricted as a disciplinary sanction.(c) Any restrictions placed on a resident's telephone usage shall be documented and the documentation shall be maintained in the resident's record.(d) The facility shall have written policies and procedures regarding the rules for reasonable and fair telephone access by residents.(e) The parent, legal guardian, or custodian of the resident shall be notified of the facility's policy regarding telephone usage.</content><note type="source"><p>Source Note: The provisions of this §343.358 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.360"><num value="343.360">§343.360</num><heading>Mail</heading><content>(a) Residents shall be provided access to writing materials and postage for no fewer than two letters every seven calendar days.(b) When a resident is released or transferred from the facility, the resident's mail shall be forwarded to his or her new address or returned to the sender.(c) Money received in the mail shall be held for the resident in his or her personal property inventory, with a receipt provided, or returned to the sender.</content><note type="source"><p>Source Note: The provisions of this §343.360 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.362"><num value="343.362">§343.362</num><heading>Limitations on Mail</heading><content>(a) A resident's rights to privacy and correspondence may not be limited except when:(1) a reasonable belief exists that the correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility or to violate state or federal laws. If a reasonable belief exists, facility staff shall:(A) ask the resident's permission to read the letter;(B) if permission is denied, request a search warrant prior to opening and reading the letter; and(C) if a search warrant request is denied, the correspondence shall be provided to the resident; or(2) correspondence with certain individuals is specifically forbidden by:(A) the resident's juvenile-court-ordered rules of probation or parole;(B) the facility's policies, procedures, and practices that restrict and/or limit residents' correspondence with:(i) other facility residents;(ii) witnesses or parties in law enforcement investigations or investigations before the court;(iii) participants in pending or active court proceedings; and/or(iv) victims attached to related juvenile or criminal referrals, investigations, or related proceedings; or(C) a specific list of individuals furnished by a resident's parent, legal guardian, or custodian.(b) Incoming correspondence described in subsection (a)(2) of this section shall be returned unopened to the sender.(c) When mail is withheld from a resident, the reasons shall be documented and a copy shall be maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.362 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.364"><num value="343.364">§343.364</num><heading>Legal Correspondence</heading><content>Residents shall be furnished adequate postage for legal correspondence during their stay in the facility.</content><note type="source"><p>Source Note: The provisions of this §343.364 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.366"><num value="343.366">§343.366</num><heading>Inspection of Mail</heading><content>Mail may be opened by staff only in the presence of the resident with inspection limited to searching for contraband.</content><note type="source"><p>Source Note: The provisions of this §343.366 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.368"><num value="343.368">§343.368</num><heading>Illegal Discrimination</heading><content>Residents shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.</content><note type="source"><p>Source Note: The provisions of this §343.368 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.370"><num value="343.370">§343.370</num><heading>Prohibited Supervision</heading><content>Residents shall not be subjected to supervision and control by other residents.</content><note type="source"><p>Source Note: The provisions of this §343.370 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.372"><num value="343.372">§343.372</num><heading>Work by Residents</heading><content>(a) Residents may be required to perform the following types of work without monetary compensation:(1) assignments that are part of a formal vocational training curriculum;(2) tasks performed as a community service pursuant to a juvenile court order; and(3) routine housekeeping chores that are shared by all youth in the facility, including general facility maintenance.(b) Residents shall not be permitted to perform any work prohibited by state or federal regulations pertaining to child labor.(c) Repetitive, purposeless, or degrading make-work is prohibited.(d) A resident's work assignments shall be excused or temporarily suspended if medically contraindicated.(e) Residents shall be provided with the necessary supervision, tools, cleaning implements, and clothing to safely and effectively complete their assignments.(f) Residents shall not perform personal services for staff, contractors, or volunteers.</content><note type="source"><p>Source Note: The provisions of this §343.372 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.374"><num value="343.374">§343.374</num><heading>Experimentation and Research Studies</heading><content>(a) Experimentation. Participation by residents in medical, psychological, pharmaceutical, or cosmetic experiments is prohibited.(b) Research Studies.(1) Participation by residents in medical, psychological, pharmaceutical, or cosmetic research is prohibited unless:(A) the research study is approved in writing by the juvenile board or its designee; and(B) the juvenile board has adopted policies that:(i) govern all authorized research studies;(ii) prohibit studies that include medically invasive procedures; and(iii) adhere to all federal requirements governing human subjects and confidentiality.(2) If the juvenile board authorizes a board member or staff member to approve research studies on behalf of the board, the authorization shall be in writing.(3) Approved research studies shall adhere to all applicable policies of the authorizing juvenile board.(4) Research studies approved by the juvenile board shall be reported to TJJD before the study begins in a format prescribed by TJJD.(5) The results of the study shall be made available to TJJD upon completion of the study.</content><note type="source"><p>Source Note: The provisions of this §343.374 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.376"><num value="343.376">§343.376</num><heading>Resident Grievance Process</heading><content>(a) Written policies, procedures, and actual practices shall demonstrate that there is a formal grievance process to address residents' complaints about their treatment and facility services.(b) The formalized grievance process shall include the following policy, procedural, and practice elements:(1) Staff members shall not deny a resident the opportunity to submit a grievance upon request, unless doing so would interfere with the safety and security of the facility.(2) Residents shall have full access to the grievance process, including forms and methods of submission. If the resident cannot read or otherwise understand the grievance process, a staff member or translator shall read and explain the process to the resident.(3) A written response and resolution shall be provided to the resident no later than:(A) 10 calendar days after the date the grievance is received by pre-adjudication staff; or(B) 30 calendar days after the date the grievance is received by post-adjudication staff.(4) Documentation of the resident's acknowledgment of the resolution shall be maintained.(5) Grievances shall be confidential, with access limited to those involved in providing responses and administrative review. Retaliation against residents for filing a grievance shall be prohibited.(6) At least one grievance officer shall be designated in writing.(7) Residents shall be provided at least one level of appeal to a supervisory-level or above staff person or to an administrative-level appeals board or panel. A supervisory-level staff person who provided the initial response or who is named in the grievance shall not provide the appeal response.(8) Residents shall have the ability to participate in the resolution of a grievance, including the use of an intermediary and the ability to request witnesses.(9) A supervisory-level or above staff person shall conduct periodic formal reviews of the grievance process and dispositions and maintain documentation of this review.(10) The facility shall maintain a tracking system and grievance log that documents:(A) each grievance submitted;(B) the grievance disposition;(C) whether the grievance was appealed; and(D) the appeal disposition, if applicable.(11) The facility administrator or designee shall review any unresolved grievances submitted by residents who have been released to determine if any action is needed.</content><note type="source"><p>Source Note: The provisions of this §343.376 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.378"><num value="343.378">§343.378</num><heading>Grievance Appeals</heading><content>A written resolution to all grievance appeals shall be provided to the resident no later than:(1) 10 calendar days after the date the appeal is received by pre-adjudication staff; or(2) 30 calendar days after the date the appeal is received by post-adjudication staff.</content><note type="source"><p>Source Note: The provisions of this §343.378 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.380"><num value="343.380">§343.380</num><heading>Grievance Officer</heading><content>The duties of a grievance officer or designee shall include:(1) maintaining a current grievance log;(2) collecting grievances seven days per week;(3) responding to the resident after receiving the grievance;(4) providing a written resolution to the resident; and(5) forwarding all appeals to the administrative staff responsible for determining appeals.</content><note type="source"><p>Source Note: The provisions of this §343.380 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.382"><num value="343.382">§343.382</num><heading>Grievance Documentation</heading><content>Documentation of the grievance shall contain the following elements:(1) name of the resident;(2) housing unit or cell;(3) date of the grievance;(4) grievance tracking identification;(5) nature or description of the grievance;(6) date and time of receipt;(7) name and title of the person receiving the grievance;(8) response or resolution to the grievance;(9) date and time of the response;(10) name and title of the person responding to the grievance; and(11) space for a written request to appeal the grievance response.</content><note type="source"><p>Source Note: The provisions of this §343.382 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.384"><num value="343.384">§343.384</num><heading>Religious Services</heading><content>(a) Residents shall not be required to participate in religious services or religious counseling.(b) Residents who decline to participate in religious services or religious counseling:(1) shall not be subjected to disciplinary sanctions; and(2) shall be:(A) offered alternate programming or activities during religious services; or(B) allowed to remain in their rooms or cells during religious services.</content><note type="source"><p>Source Note: The provisions of this §343.384 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scB/s343.386"><num value="343.386">§343.386</num><heading>Volunteers and Interns</heading><content>(a) Facilities using a volunteer or internship program shall have written policies and procedures that include:(1) the purposes and goals of the program;(2) a description of the scope, responsibilities, and limited authority of volunteers and interns who work with the department;(3) the selection and termination criteria, including disqualification based on specified criminal history;(4) a prohibition on having unsupervised contact with residents for volunteers and interns whose criminal history does not meet the requirements in Chapter 344 of this title;(5) the orientation and training requirements, including training on recognizing and reporting abuse, neglect, and exploitation;(6) a requirement that volunteers and interns meet minimum professional requirements if applicable; and(7) a requirement to maintain a sign-in log that documents the name of the volunteer/intern, the purpose of the visit, the date of the service, and the beginning and ending time of the service performed for the facility.(b) The requirements in subsection (a) of this section do not apply to an individual who performs volunteer services once a year and has only supervised contact with residents.</content><note type="source"><p>Source Note: The provisions of this §343.386 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c343/scC"><num value="C">SUBCHAPTER C</num><heading>SECURE PRE-ADJUDICATION DETENTION FACILITY STANDARDS</heading><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.400"><num value="343.400">§343.400</num><heading>Intake and Admission</heading><content>(a) An intake officer or other person authorized by the juvenile board shall be on duty at the facility or on call 24 hours per day and shall perform the duties and responsibilities associated with determining whether the juvenile should be detained or released as required by Texas Family Code §53.01.(b) Each facility shall have written policies and procedures addressing the admission of juveniles who are in need of emergency medical care due to injury, illness, or intoxication or who are in need of emergency mental health intervention.(1) Anyone presented for admission into detention who is in need of emergency medical care due to injury, illness, or intoxication, or who is in need of emergency mental health intervention shall not be admitted into detention.(2) The referring person shall be directed to a health care facility to have the individual evaluated and treated.(3) Subsequent admission into detention is contingent upon written medical clearance from a health care provider or mental health provider.(c) Each facility shall have written policies and procedures addressing intoxicated or chemically impaired juveniles being admitted into detention and their need for specialized supervision.(d) A juvenile who has been taken into custody by law enforcement and presented for detention at a secure pre-adjudication detention facility shall:(1) be supervised at all times by the law enforcement officer who presented the juvenile for detention or by appropriate facility staff (e.g., intake officer, juvenile supervision officer, etc.) until an admission decision is made; and(2) be:(A) admitted into detention as soon as possible but no later than six hours from the time of entry; or(B) released to a responsible party no later than six hours from the time of entry.(e) The supervision requirement in subsection (d)(1) of this section may take place from behind an architectural barrier (e.g., glass observation window, screened window, partial wall, etc.) as long as the barrier allows for a complete and unobstructed view of the area where the resident is being held. Restroom areas within the facility are exempt from this requirement.</content><note type="source"><p>Source Note: The provisions of this §343.400 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.402"><num value="343.402">§343.402</num><heading>Assessment Isolation</heading><content>(a) Residents shall be assigned to the general program as soon as possible after admittance into the facility.(b) Assessment isolation shall:(1) be used only after admission to the facility;(2) be used only for the purpose of assessing the risks and needs of the resident; and(3) not exceed 24 hours.(c) The facility's policies and procedures shall prohibit the automatic isolation of residents.(d) If a resident is confined in his or her room at admission for assessment purposes, juvenile supervision officers shall document the assessment of the resident during this 24-hour period and retain this documentation in the resident's file.(e) A juvenile supervision officer shall personally observe and record the behavior of a resident during the assessment period at random intervals not to exceed 15 minutes, unless supervision requirements in §343.348 or §343.350 of this title apply.</content><note type="source"><p>Source Note: The provisions of this §343.402 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.404"><num value="343.404">§343.404</num><heading>Mental Health Screening and Referral</heading><content>(a) Requirement to Conduct a Mental Health Screening.(1) Within 48 hours after a resident's admission, the facility shall:(A) administer a mental health screening instrument approved by TJJD; or(B) provide a clinical assessment conducted by a mental health provider.(2) The requirement in paragraph (1) of this subsection applies to residents who are released from detention before the 48-hour time limit.(3) Notwithstanding the 48-hour time limit in paragraph (1) of this subsection, the mental health screening instrument shall be administered within two hours after a resident's admission if the facility uses the mental health screening instrument to satisfy the suicide screening requirement in §343.340 of this title.(b) Positive Screening and Mental Health Referral. A resident who receives a positive screening on the mental health screening instrument shall be administered a secondary screening or be referred to a mental health provider or qualified mental health professional.(1) Secondary Screening. If the resident is administered a secondary screening, the secondary screening shall be administered immediately.(A) If the secondary screening confirms the positive screening and that mental health intervention is warranted, a referral shall be made to a mental health provider or licensed physician within 48 hours.(B) If the secondary screening indicates the initial positive screening was false, no further mental health intervention is required.(2) Referral to a Mental Health Provider or Qualified Mental Health Professional. If the resident is referred to a mental health provider or qualified mental health professional in lieu of conducting a secondary screening, the referral for consultation shall be made by the end of the following workday.(A) The facility shall maintain documentation of the consultation in the resident's file.(B) If the mental health provider or qualified mental health professional recommends that further mental health intervention is needed, the resident must be referred to a mental health provider or a licensed physician within 48 hours after the recommendation.(c) Documentation.(1) The date, time, and name of the person who administered the mental health screening instrument shall be clearly and legibly documented on the completed instrument.(2) Documentation of any referrals, completed assessments, and evaluations, including dates and times, shall be retained in the juvenile's file and forwarded to the supervising juvenile probation officer. If the juvenile has a positive screening but is released before the secondary screening or mental health consultation is completed and no further juvenile justice intervention is required, documentation relating to the positive screening shall also be forwarded to the juvenile's parent, legal guardian, or custodian.(d) Training. The individual administering the mental health screening instrument shall have received training from:(1) TJJD on administering the mental health screening instrument; or(2) an individual who is documented to have received training from TJJD on administering the mental health screening instrument.</content><note type="source"><p>Source Note: The provisions of this §343.404 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.406"><num value="343.406">§343.406</num><heading>Health Screening</heading><content>(a) Timing of Health Screening. A health screening shall be conducted on each resident within two hours before or after admission.(b) Persons Qualified to Conduct Health Screening. The health screening shall be conducted by:(1) an appropriately supervised licensed vocational nurse (LVN), a registered nurse (RN), a nurse practitioner, a physician assistant, or a physician;(2) a qualified and properly trained person who is acting under delegation from a physician in accordance with Texas Occupations Code §157.001, including a medical assistant, emergency medical technician, or paramedic; or(3) an individual who has been trained on administering the facility's health screening by a person listed in paragraph (1) or (2) of this subsection.(c) Training Requirements for Health Screening. The training shall include instruction on:(1) how to take medical history;(2) how to make the required observations;(3) how to determine the appropriate disposition of a resident based on observations and responses to questions; and(4) how to document the findings on the screening instrument.(d) Health Screening Instrument. The health screening instrument shall be approved by an RN, nurse practitioner, physician assistant, or physician and shall include:(1) mental health conditions and treatment, including any hospitalizations;(2) observation of the following:(A) general appearance, such as sweating, tremors, anxious, disheveled, or appropriate;(B) behavior, such as disorderly, erratic, or appropriate;(C) state of consciousness, such as alert, responsive, or lethargic;(D) ease of movement, such as ability to walk and move limbs, gait, and bodily deformities;(E) breathing, such as persistent cough, hyperventilation, or normal; and(F) skin condition, such as lesions, swelling, yellowing, rashes, scars, tattoos, bruises, and/or needle marks;(3) history of or current serious infectious disease, including tuberculosis;(4) recent communicable illness symptoms, such as chronic cough, coughing up blood, lethargy, weakness, weight loss, loss of appetite, fever, and/or night sweats;(5) history of or current sexually transmitted infections;(6) history of or current illnesses or chronic health conditions including:(A) allergies;(B) asthma or other respiratory problems;(C) dermatological conditions;(D) seizure disorder;(E) eye conditions; and(F) other acute or chronic conditions as determined by the health service authority;(7) history of or current gynecological problems;(8) current or recent pregnancy;(9) current use of medication(s) including name, dosage, frequency, time of last dose taken, and name of prescribing physician;(10) dental problems;(11) use of alcohol or illegal drugs, including type, amount, time of last use, and past treatment;(12) drug withdrawal symptoms;(13) special health requirements, such as dietary needs, physical disabilities, or prosthetics;(14) evidence of physical trauma;(15) recent injuries;(16) weight and height; and(17) any other health concerns reported by the resident.(e) Screening Methodology. The health screening shall be administered by directly questioning the resident, observing the resident's behavior and physical condition, and reviewing any available records. If any of the information is unknown at the time of the health screening, the screener shall indicate this by entering "unknown," "not applicable," or a line in the space or electronic field provided for this information on the health screening form.(f) Disposition and Medical Referral.(1) The individual who completes the screening shall:(A) document the disposition of the youth, such as referral to emergency services or placement in the general population with later referral for medical follow up; and(B) sign the screening instrument and document his/her title and the date and time of the screening.(2) For residents who are identified by the screening instrument as requiring follow-up consultation with a health care professional, facility staff shall:(A) contact the health care professional designated by the screening instrument as soon as possible but no later than 24 hours after completion of the screening, unless the screening instrument provides otherwise; and(B) ensure the resident receives follow-up medical care as directed by the health care professional.(3) The facility shall maintain and implement written policies and procedures to ensure that residents identified with potential medical problems (e.g., asthma, diabetes) are appropriately supervised until medical follow-up is received.(4) For residents who report taking prescription medication, facility staff shall document whether the resident's parent, guardian, or custodian has provided the facility with the medication and a written request to administer the medication. If the medication or written request has not been provided, facility staff shall contact a health care professional within 24 hours after completion of the screening to receive instruction.(g) Results of Screening. The results of the health screening shall be communicated to appropriate staff. The completed health screening form shall be maintained.(h) Contagious or Infectious Disease. Any finding of the health screening that indicates a significant potential health risk to the staff or residents from a contagious or infectious disease shall be immediately reported to the facility administrator and the affected resident shall be placed in medical isolation until proper medical clearance is obtained.</content><note type="source"><p>Source Note: The provisions of this §343.406 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.407"><num value="343.407">§343.407</num><heading>Health Screening and Assessment</heading><content>(a) Each resident shall receive a health assessment within 30 days after admission into the facility.(b) The health assessment shall be conducted by:(1) an appropriately supervised licensed vocational nurse, a registered nurse, a nurse practitioner, a physician assistant, or a physician; or(2) a qualified and properly trained person who is operating under delegation from a physician in accordance with Texas Occupations Code §157.001, including a medical assistant, emergency medical technician, or paramedic.(c) The results of the health assessment shall be communicated to appropriate staff.</content><note type="source"><p>Source Note: The provisions of this §343.407 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.408"><num value="343.408">§343.408</num><heading>Personal Hygiene</heading><content>Residents shall be required to surrender their clothing and to shower upon admission into the facility.</content><note type="source"><p>Source Note: The provisions of this §343.408 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.410"><num value="343.410">§343.410</num><heading>Personal Property</heading><content>A resident's personal property shall be collected, inventoried, and securely stored while the resident is housed in the facility. The inventory shall be signed by the resident and the juvenile supervision officer and shall be maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.410 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.412"><num value="343.412">§343.412</num><heading>Orientation</heading><content>(a) Each resident shall be provided a verbal orientation within six hours before or 12 hours after admission into the facility.(b) The verbal orientation shall include an explanation of the following:(1) procedures to access health care and a description of the available services;(2) resident discipline plan, including the guidelines and instructions for informal and formal disciplinary reviews and the resident appeal process;(3) grievance policies and procedures;(4) procedures to access mental health care and a description of the available services;(5) age-appropriate information about the facility's zero-tolerance policy regarding sexual abuse and sexual harassment, including:(A) prevention and intervention; and(B) reporting incidents or suspicions of sexual abuse or sexual harassment;(6) information regarding the reporting of suspected abuse, neglect, or exploitation of a child in a juvenile justice facility; and(7) the facility's policy that states the resident is ensured the right of confidentiality with regard to the items included in paragraphs (3), (5) and (6) of this subsection and will not face reprisal for participating in the procedures included in these items.(c) If the resident is not sufficiently fluent in English, arrangements shall be made to provide the resident with an orientation in the resident's primary language within 48 hours after admission.(d) When a literacy problem prevents a resident from understanding written rules, a staff member or translator shall assist the resident within 48 hours after admission.(e) The facility shall:(1) provide each resident a written copy of the orientation materials; or(2) post the orientation information in an area of the housing unit that is accessible to residents.</content><note type="source"><p>Source Note: The provisions of this §343.412 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.414"><num value="343.414">§343.414</num><heading>Behavioral Screening</heading><content>(a) Prior to placing a resident into a housing unit, the resident shall be screened for potential vulnerabilities or tendencies of acting out with sexually aggressive or assaultive behavior. Housing assignments shall be made accordingly.(b) The behavioral screening shall take into consideration the following information, if readily available:(1) age;(2) current charge(s) and offense history;(3) physical size/stature;(4) current state of mind;(5) sexual orientation;(6) prior sexual victimization or abuse;(7) level of emotional and cognitive development;(8) mental or physical disabilities;(9) intellectual or developmental disabilities; and(10) any other pertinent information.(c) The facility shall maintain documentation that shows the date the behavioral screening was completed and a written acknowledgement that available items listed in subsection (b) of this section were considered in making a housing assignment.</content><note type="source"><p>Source Note: The provisions of this §343.414 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.416"><num value="343.416">§343.416</num><heading>Classification Plan</heading><content>All facilities with more than one housing unit shall have a written classification plan that attempts to safely house residents based on at least the following factors:(1) age;(2) sex;(3) offense;(4) behavior; and(5) any other special considerations, such as potential vulnerabilities for sexual abuse, gang affiliation, referral history, disabilities, and/or other special needs.</content><note type="source"><p>Source Note: The provisions of this §343.416 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.418"><num value="343.418">§343.418</num><heading>Admission Records</heading><content>The facility shall have the following information, which shall be obtained at the time the resident is admitted into the facility:(1) date and time of entry;(2) date and time of admission;(3) name;(4) nicknames and aliases;(5) social security number;(6) current address;(7) detention criteria as required by §53.02(b) of the Texas Family Code;(8) referring offense;(9) name of attorney;(10) name, title, and signature of delivering individual;(11) sex;(12) race;(13) date of birth;(14) place of birth;(15) citizenship;(16) current education level;(17) last school attended;(18) name, relationship, address, and phone number of the resident's parents, legal guardians, or custodians; and(19) primary language of the resident and the resident's parent, legal guardian, or custodian.</content><note type="source"><p>Source Note: The provisions of this §343.418 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.420"><num value="343.420">§343.420</num><heading>Format and Maintenance of Records</heading><content>(a) Resident records shall be maintained in a uniform format.(b) Each facility shall have written policies and procedures to ensure the confidentiality of resident files.</content><note type="source"><p>Source Note: The provisions of this §343.420 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.422"><num value="343.422">§343.422</num><heading>Content of Resident Records</heading><content>(a) Each resident's record shall include the following:(1) offense narrative, arrest warrant, or directive to apprehend;(2) inventory of cash and property surrendered;(3) list of approved visitors;(4) name of the assigned probation officer;(5) behavioral record, including any special incidents, discipline, or grievances;(6) referrals to other agencies; and(7) final release or transfer report.(b) In cases where an admission involves a resident being detained pending a transfer action (e.g., transport to a court-ordered placement or to TJJD), a copy of the court's detention order or adjudication and disposition orders is considered an acceptable substitute for the offense narrative.</content><note type="source"><p>Source Note: The provisions of this §343.422 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.424"><num value="343.424">§343.424</num><heading>Housing Records</heading><content>(a) The following documentation shall be maintained for each housing unit in the facility:(1) a daily chronological log or electronic record documenting the resident's or housing unit's activity that identifies the juvenile supervision officers supervising the residents;(2) a daily report of admissions and releases; and(3) a current population roster as of 5:00 a.m. each day that shall include:(A) the date and time the roster was compiled;(B) the names of all residents in the facility;(C) the sex of all residents in the facility;(D) the housing assignment location (i.e., the location where the resident sleeps) of all residents in the facility; and(E) the numerical total of the resident population for each day.(b) The daily chronological log mentioned in subsection (a)(1) of this section shall:(1) be signed or initialed by the juvenile supervision officer(s) supervising the residents or housing unit; or(2) identify the juvenile supervision officer making the entry if the log is maintained in an electronic format that does not allow for signatures or initials.</content><note type="source"><p>Source Note: The provisions of this §343.424 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.426"><num value="343.426">§343.426</num><heading>Release Procedures</heading><content>Prior to the release of each resident from the facility, the authorized officer shall:(1) verify the identity of the person receiving custody;(2) do one of the following:(A) verify the release authorization documents; or(B) document the release authorization in writing if a judge or juvenile probation officer authorizes the release by telephone;(3) obtain a release signed by the individual receiving the resident's personal property;(4) provide information to a parent, legal guardian, or custodian regarding:(A) all medication prescribed while the resident was in the facility that the resident is currently taking and the name and contact information of the prescribing physician;(B) any pending medical, mental health, or dental appointments; and(C) any present concerns regarding the resident; and(5) obtain a receipt signed by the person receiving custody of the resident.</content><note type="source"><p>Source Note: The provisions of this §343.426 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.428"><num value="343.428">§343.428</num><heading>Qualifications to Provide Resident Supervision</heading><content>(a) A juvenile supervision officer may provide resident supervision only if he or she:(1) is currently certified as a juvenile supervision officer and, if applicable, has received the facility-specific training required in §343.429 of this title; or(2) meets the following criteria:(A) has not exceeded the deadline for submitting a certification application established by Chapter 344 of this title;(B) has completed all training required by §344.622 and §344.624 of this title; and(C) has passed the certification exam for juvenile supervision officers.(b) A juvenile supervision officer who fails to meet the requirements in subsection (a) of this section may not:(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or(2) perform any duties of a juvenile supervision officer listed in this title.</content><note type="source"><p>Source Note: The provisions of this §343.428 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective February 1, 2018, 42 TexReg 5686.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.429"><num value="343.429">§343.429</num><heading>Additional Training Required for Certified Officers Hired by a Different Department</heading><content>(a) If a certified juvenile supervision officer is hired by a department or a private facility other than the one where the officer was employed at the time of receiving his or her certification, the officer must receive facility-specific training in the following topics as they relate to the duties of a juvenile supervision officer at the new department or facility:(1) suicide prevention plan;(2) preventing, identifying, and reporting abuse, neglect, and exploitation;(3) verbal de-escalation policies, procedures, and practices;(4) resident supervision, including resident behavior observation and documentation requirements;(5) behavior management, including the resident discipline plan and safety-based seclusion;(6) resident-initiated separation;(7) facility safety and security;(8) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;(9) fire safety plan, including fire drill procedures;(10) non-fire emergency and evacuation procedures;(11) recognizing and responding to mental health needs of residents;(12) resident grievance procedures;(13) transportation of juveniles; and(14) searches of juveniles.(b) A juvenile supervision officer who has not completed the training as required by subsection (a) of this section may not:(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or(2) perform any duties of a juvenile supervision officer listed in this title.</content><note type="source"><p>Source Note: The provisions of this §343.429 adopted to be effective February 1, 2018, 42 TexReg 5686.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.430"><num value="343.430">§343.430</num><heading>Minimum Facility Supervision</heading><content>At least two juvenile supervision officers shall be on duty at any time the facility has a resident. At least one of the officers shall be certified.</content><note type="source"><p>Source Note: The provisions of this §343.430 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.432"><num value="343.432">§343.432</num><heading>Gender Supervision Requirement</heading><content>(a) If residents of both genders are housed within the facility, juvenile supervision officers of both genders shall be on duty and available to the residents for every shift.(b) A juvenile supervision officer of one gender shall be prohibited from supervising and visually observing a resident of the opposite gender during showers, strip searches, disrobing of residents (suicidal or not), or when personal hygiene practice (e.g., onset of menstrual cycle, etc.) requires the presence of a juvenile supervision officer of the same gender.(c) Juvenile supervision officers of one gender shall be the sole supervisors of residents of the same gender during showers, strip searches, disrobing of suicidal youth, or during other times in which personal hygiene practices or needs would require the presence of a juvenile supervision officer of the same gender.</content><note type="source"><p>Source Note: The provisions of this §343.432 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.434"><num value="343.434">§343.434</num><heading>Facility-Wide Ratio</heading><content>(a) The facility-wide juvenile supervision officer-to-resident ratio shall not be less than:(1) one juvenile supervision officer to every eight residents during program hours; and(2) one juvenile supervision officer to every 18 residents during non-program hours.(b) For a juvenile supervision officer to be counted in the facility-wide ratio, the officer shall be present on the facility premises at all times.</content><note type="source"><p>Source Note: The provisions of this §343.434 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.435"><num value="343.435">§343.435</num><heading>On-Premises Supervision Requirements</heading><content>When residents are participating in any programming or activity on the facility premises but not inside a SOHU or MOHU:(1) residents shall be in the constant physical presence of a juvenile supervision officer; and(2) there shall be at least one juvenile supervision officer for every 12 residents participating in the program or activity.</content><note type="source"><p>Source Note: The provisions of this §343.435 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.436"><num value="343.436">§343.436</num><heading>Supervision Ratio--SOHU</heading><content>In a SOHU, the juvenile supervision officer-to-resident ratio shall not be less than:(1) one juvenile supervision officer to every 12 residents during program hours; and(2) one juvenile supervision officer to every 24 residents during non-program hours.</content><note type="source"><p>Source Note: The provisions of this §343.436 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.438"><num value="343.438">§343.438</num><heading>Level of Supervision--SOHU</heading><content>(a) While residents are located in a SOHU during program hours, they shall be in the constant physical presence of a juvenile supervision officer unless:(1) the residents are placed in their individual sleeping quarters, in which case a juvenile supervision officer shall observe and document each resident's behavior at random intervals not to exceed 15 minutes; or(2) an exception in §343.446 of this title applies.(b) While residents are located in a SOHU during non-program hours, a juvenile supervision officer shall visually observe each resident at random intervals not to exceed 15 minutes.(c) Juvenile supervision officers shall document each visual observation made. The documentation shall include the time of the observation and generally describe the resident's behavior.</content><note type="source"><p>Source Note: The provisions of this §343.438 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.440"><num value="343.440">§343.440</num><heading>Supervision Ratio--MOHU</heading><content>In a MOHU, the juvenile supervision officer-to-resident ratio shall not be less than one juvenile supervision officer to every eight residents in the housing unit.</content><note type="source"><p>Source Note: The provisions of this §343.440 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.442"><num value="343.442">§343.442</num><heading>Level of Supervision--MOHU</heading><content>For MOHUs designed and operated after June 5, 2001:(1) a juvenile supervision officer shall be physically located in the MOHU while residents are in the MOHU;(2) if juvenile supervision officers supervise residents behind an architectural barrier, the barrier shall provide a complete and unobstructed view of the entire MOHU. The barrier, with or without the assistance of an electronic device, shall allow for constant auditory monitoring of the unit; and(3) juvenile supervision officers shall document general observations of dorm activity at intervals not to exceed 30 minutes.</content><note type="source"><p>Source Note: The provisions of this §343.442 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.444"><num value="343.444">§343.444</num><heading>Off-Premises Supervision Requirements</heading><content>(a) A facility shall have written policies and procedures that establish specific supervision practices for residents allowed to temporarily leave the secure confines of the facility or the facility's secure grounds while in the custody of facility staff. The policies and procedures shall include:(1) designations of which staff may supervise youth off-premises;(2) gender-specific requirements;(3) staff-to-resident ratios when more than one resident is involved;(4) personnel authorized to use approved restraint practices; and(5) staff training requirements.(b) The policies and procedures shall be written to provide an appropriate level of protection for the public and involved staff and residents.</content><note type="source"><p>Source Note: The provisions of this §343.444 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.446"><num value="343.446">§343.446</num><heading>Exceptions to Requirement to be Supervised by Juvenile Supervision Officer</heading><content>A resident shall be supervised by a juvenile supervision officer in accordance with requirements of this subchapter with the following exceptions:(1) No more than three residents may be supervised by a professional when the professional is working with the residents in a capacity that relates to the professional's licensure, certification, professional training, or education.(2) A juvenile supervision officer shall provide constant visual supervision of any therapeutic group between four and 12 residents when those residents are working with a qualified mental health professional or mental health provider.(3) Private visitation between one resident and an attorney, authorized visitor, or clergy does not require the constant physical presence of a juvenile supervision officer.</content><note type="source"><p>Source Note: The provisions of this §343.446 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.448"><num value="343.448">§343.448</num><heading>Primary Control Room</heading><content>(a) A juvenile supervision officer stationed in and assigned to the facility's primary control room(s) shall not count toward meeting any ratios required by this subchapter.(b) A facility that has multiple control rooms shall distinguish which control room or rooms are designated as the primary control room(s).(c) Juvenile supervision officers assigned to a secondary control room may be counted:(1) in the facility-wide ratio; and(2) in the supervision ratio in a SOHU or MOHU during non-program hours.(d) A staff member assigned to primary control room duties is not required to be a certified juvenile supervision officer.</content><note type="source"><p>Source Note: The provisions of this §343.448 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.450"><num value="343.450">§343.450</num><heading>Use and Design--SOHU</heading><content>(a) Each SOHU shall be constructed to contain no more than 24 beds.(b) Individual resident sleeping quarters shall be used as single occupancy only. At no time may more than one resident be placed in an individual resident sleeping quarters.(c) Individual resident sleeping quarters shall contain a bed above floor level.</content><note type="source"><p>Source Note: The provisions of this §343.450 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.452"><num value="343.452">§343.452</num><heading>Spatial Requirements--SOHU</heading><content>(a) Individual resident sleeping quarters shall have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling.(b) Individual resident sleeping quarters shall have a minimum of 60 square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §343.452 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.454"><num value="343.454">§343.454</num><heading>Shower Facilities--SOHU</heading><content>(a) Each SOHU shall contain at least one operable shower for every ten beds in the housing unit. The shower shall have:(1) controls that produce hot and cold running water; or(2) one control that produces warm running water.(b) Showers with multiple shower heads are acceptable and shall count toward the shower-to-bed ratio.</content><note type="source"><p>Source Note: The provisions of this §343.454 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.456"><num value="343.456">§343.456</num><heading>Toilet Facilities--SOHU</heading><content>(a) In facilities constructed and operating before March 1, 1996, each SOHU shall contain at least one operable toilet above floor level for:(1) every 12 beds in male housing units; and(2) every eight beds in female housing units.(b) In facilities constructed and operating on or after March 1, 1996, each SOHU shall contain one operable toilet above floor level for every six beds in the housing unit.(c) Urinals may be substituted for up to one-half of the toilets in housing units permanently designed as all-male units.</content><note type="source"><p>Source Note: The provisions of this §343.456 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.458"><num value="343.458">§343.458</num><heading>Washbasin Requirements--SOHU</heading><content>Each SOHU constructed and in operation on or after September 1, 2003, shall:(1) contain an operable washbasin with:(A) controls that produce hot and cold running water; or(B) one control that produces warm running water; and(2) be configured to allow for access to a washbasin without leaving the housing unit.</content><note type="source"><p>Source Note: The provisions of this §343.458 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.460"><num value="343.460">§343.460</num><heading>Drinking Fountain--SOHU</heading><content>Each SOHU shall contain a drinking fountain.</content><note type="source"><p>Source Note: The provisions of this §343.460 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.461"><num value="343.461">§343.461</num><heading>Applicability of Standards--MOHU</heading><content>Sections 343.462, 343.464, 343.468, 343.470, 343.472, 343.474, 343.476, 343.478, 343.480 and 343.482 of this title apply only to MOHUs designed and operating as such on or after June 5, 2001.</content><note type="source"><p>Source Note: The provisions of this §343.461 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.462"><num value="343.462">§343.462</num><heading>Pre-Assignment Screening Process--MOHU</heading><content>Residents shall not be placed into a MOHU directly from the intake process. Classification, screening, and behavioral observation shall occur for at least 72 hours before the resident is placed in a MOHU.</content><note type="source"><p>Source Note: The provisions of this §343.462 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.464"><num value="343.464">§343.464</num><heading>Administrative Approval--MOHU</heading><content>(a) A resident shall not be placed in a MOHU without the approval of the facility administrator or designee.(b) The approval shall be documented in writing and the documentation shall contain the date and time the approval was authorized and the date and time the resident was placed in the MOHU. The approval documentation shall be kept in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.464 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.468"><num value="343.468">§343.468</num><heading>Classification Plan--MOHU</heading><content>A facility with a MOHU shall have a written classification plan that determines how residents are grouped in housing units. Residents shall, at a minimum, be classified for grouping by age and sex.</content><note type="source"><p>Source Note: The provisions of this §343.468 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.470"><num value="343.470">§343.470</num><heading>Eligibility Criteria--MOHU</heading><content>(a) A formalized and objective written classification assessment shall be completed prior to placing a resident in a MOHU. The classification assessment process shall include a review and weighting of the following criteria:(1) Physical health--A review of all available health documentation possessed by the facility staff with an emphasis on assessing any diagnosed or suspected infectious or contagious diseases.(2) Mental health--A review of all available mental health documentation possessed by the facility staff with an emphasis on assessing mental health or mental illness diagnoses that could be exacerbated by, or that would not be conducive to, multiple-occupancy housing settings.(3) Sexual behavior--An assessment of the resident's potential to be sexually abused by other residents and his or her potential to be sexually abusive.(4) Aggressive or assaultive behaviors--An assessment of the resident's history of, or propensity for, aggressive (both verbal and physical) and assaultive behaviors. This assessment shall include a review of the resident's formal referral history (both alleged and disposed charges) and institutional behavior records.(5) Susceptibility to acts of peer abuse, harassment, and exploitation--An assessment of a resident's physical stature, emotional maturity, enemies of record, and social functioning information.(6) Institutional behavior or discipline records--A review of a resident's behavior records for the current term of detention and any available behavior records from previous institutional custody periods provided by the assessing jurisdiction.(7) Special needs or circumstances that may compromise the resident's or other MOHU residents' physical safety and the processes for successfully delivering services.(b) The completed classification assessment document shall include:(1) an objective assessment score or recommendation for or against a MOHU placement;(2) the date the assessment process was completed;(3) the signature of the person completing the assessment; and(4) the signature of the supervisory-level staff who reviewed and approved the assessment.</content><note type="source"><p>Source Note: The provisions of this §343.470 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.472"><num value="343.472">§343.472</num><heading>Use and Design--MOHU</heading><content>(a) A facility shall not use a MOHU without prior written approval and authorization from the governing board.(b) Each MOHU shall be designed to contain no more than eight beds.(c) The capacity of MOHUs shall not exceed 25 percent of the design capacity of the facility.(d) Each MOHU shall have one bed above floor level for every resident assigned to the unit.(e) Each MOHU shall contain only residents of the same sex.</content><note type="source"><p>Source Note: The provisions of this §343.472 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.474"><num value="343.474">§343.474</num><heading>Spatial Requirements--MOHU</heading><content>(a) Each MOHU shall have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point in the ceiling.(b) Each MOHU shall have a minimum of 35 square feet of unencumbered floor space per bed in the housing unit.</content><note type="source"><p>Source Note: The provisions of this §343.474 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.476"><num value="343.476">§343.476</num><heading>Shower Facilities--MOHU</heading><content>(a) Each MOHU shall contain at least one operable shower for every eight beds in the housing unit. The shower shall have:(1) controls that produce hot and cold running water; or(2) one control that produces warm running water.(b) Showers with multiple shower heads are acceptable and shall count toward the shower-to-bed ratio.</content><note type="source"><p>Source Note: The provisions of this §343.476 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.478"><num value="343.478">§343.478</num><heading>Toilet Facilities--MOHU</heading><content>(a) Each MOHU shall contain at least one operable toilet above floor level for every four beds in the housing unit.(b) In male housing units, up to one-half of the required toilets may be substituted by urinals.</content><note type="source"><p>Source Note: The provisions of this §343.478 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.480"><num value="343.480">§343.480</num><heading>Washbasin Requirements--MOHU</heading><content>Each MOHU shall contain at least one washbasin with:(1) controls that produce hot and cold running water; or(2) a control that produces warm running water.</content><note type="source"><p>Source Note: The provisions of this §343.480 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.482"><num value="343.482">§343.482</num><heading>Drinking Fountain--MOHU</heading><content>Each MOHU shall contain a drinking fountain.</content><note type="source"><p>Source Note: The provisions of this §343.482 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.484"><num value="343.484">§343.484</num><heading>Exercise and Common Activity Areas</heading><content>(a) The facility shall provide space for an exercise area.(b) The facility's total common activity area shall encompass no less than 100 square feet of floor space per resident based on the facility's design capacity.</content><note type="source"><p>Source Note: The provisions of this §343.484 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.486"><num value="343.486">§343.486</num><heading>Program Hours</heading><content>Each facility shall have a written, daily program schedule that outlines the planned activities during program hours.(1) Except as noted in paragraph (2) of this section, each resident shall be provided at least ten total hours of structured and unstructured activities each day. Time a resident spends in individual sleeping quarters does not count toward the ten-hour minimum.(2) Residents who are in safety-based seclusion, disciplinary seclusion, room restriction, resident-initiated separation, protective isolation, medical isolation, or assessment isolation may receive modification to their program schedule.(3) The facility shall maintain documentation of any modification or deviation from the program schedule that results in the cancellation of an activity or deviation of one hour or more from the schedule.</content><note type="source"><p>Source Note: The provisions of this §343.486 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.488"><num value="343.488">§343.488</num><heading>Educational Program</heading><content>(a) The facility administrator shall ensure there is an educational program that requires all residents to participate. The educational program shall be administered in accordance with rules adopted by the Texas Education Agency (TEA).(b) The facility administrator shall ensure the education provider has access to residents so that the educational program is afforded to all residents, in accordance with TEA rules.(c) Students shall be provided coursework that complies with TEA rules.</content><note type="source"><p>Source Note: The provisions of this §343.488 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.490"><num value="343.490">§343.490</num><heading>Instructional Days</heading><content>(a) The facility administrator shall ensure that the educational program provides for at least 180 days of instruction unless:(1) a waiver has been granted by the Texas Education Agency for fewer days; or(2) the number of educational days coincides with the local school district calendar.(b) An education service provider is required to provide a full educational day. An educational day is required to:(1) be seven hours long; and(2) consist of at least five and one-half hours of required secondary curriculum to students.</content><note type="source"><p>Source Note: The provisions of this §343.490 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.491"><num value="343.491">§343.491</num><heading>Special Education</heading><content>(a) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities are provided a free and appropriate public education as determined by the Admission, Review, and Dismissal committee in order to meet the individual educational needs of the student as defined by federal and state laws.(b) The facility administrator, through a cooperative effort with the LEA, will ensure that residents with disabilities have available an instructional day commensurate with that of students without disabilities, in accordance with requirements contained in 19 TAC §89.1075.(c) The facility administrator or designee shall send notification of a student placement in a residential facility to the LEA as required by §29.012 of the Texas Education Code and shall retain documentation of this notice.</content><note type="source"><p>Source Note: The provisions of this §343.491 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.492"><num value="343.492">§343.492</num><heading>Educational Space</heading><content>The facility administrator shall ensure that educational space is adequate to meet the instructional requirements for each resident.</content><note type="source"><p>Source Note: The provisions of this §343.492 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.493"><num value="343.493">§343.493</num><heading>Orientation for Educational Staff</heading><content>(a) All permanent educational staff and substitutes with a known facility assignment of five consecutive school days or longer shall receive a facility orientation prior to performing educational duties. Orientation shall include:(1) security procedures;(2) emergency procedures;(3) behavior management system and prohibited sanctions; and(4) reporting abuse, neglect, and exploitation.(b) Documentation of the orientation shall be maintained.</content><note type="source"><p>Source Note: The provisions of this §343.493 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.494"><num value="343.494">§343.494</num><heading>Supervision During Educational Program</heading><content>Educational staff shall not be counted in staff-to-resident ratios.</content><note type="source"><p>Source Note: The provisions of this §343.494 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.496"><num value="343.496">§343.496</num><heading>Reading Materials</heading><content>Age-appropriate reading materials shall be available to all residents.</content><note type="source"><p>Source Note: The provisions of this §343.496 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scC/s343.498"><num value="343.498">§343.498</num><heading>Recreation and Exercise</heading><content>(a) Recreational equipment and supplies shall be provided to the residents. All recreational equipment shall be maintained in working order to ensure the safety of all staff and residents in the facility.(b) The recreational schedule shall offer the following programming each day:(1) at least one hour of large muscle exercise; and(2) at least one hour of open recreational activity.(c) Large muscle exercise shall take place outside of individual resident sleeping quarters or sleeping rooms.(d) If the facility provides an opportunity for residents to participate in scheduled physical recreation, the requirements of this standard are satisfied regardless of whether the resident chooses to participate.(e) A resident's recreational schedule may be altered under the following conditions:(1) participation by the resident is contraindicated for medical reasons;(2) the resident is in safety-based seclusion, disciplinary seclusion, room restriction, resident-initiated separation, protective isolation, medical isolation, or assessment isolation;(3) the resident has a scheduled appointment;(4) extenuating circumstances exist that impede the recreational schedule; or(5) the resident presents an imminent danger to self or others.(f) A youth's recreational schedule may not be altered due to imminent danger to self or others without written approval from the facility administrator. The written approval shall be maintained.</content><note type="source"><p>Source Note: The provisions of this §343.498 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c343/scD"><num value="D">SUBCHAPTER D</num><heading>SECURE POST-ADJUDICATION CORRECTIONAL FACILITY STANDARDS</heading><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.600"><num value="343.600">§343.600</num><heading>Required Pre-Admission Records</heading><content>(a) Prior to a resident's admission, the facility shall receive the following from the referring agency:(1) except for intra-jurisdictional custodial transfers, a detailed summary of the juvenile's history in a format designated by TJJD. The summary shall include the following information:(A) the juvenile's demographic information;(B) the referring agency's impression of the juvenile;(C) a description of the juvenile's strengths;(D) the juvenile's special needs, problems, and behaviors;(E) the juvenile's juvenile justice history;(F) the juvenile's placement history;(G) the juvenile's substance abuse history;(H) the juvenile's history of abuse and neglect;(I) family or parental involvement with the juvenile and history;(J) the juvenile's educational history;(K) a description of the juvenile's physical health and disabilities;(L) a description of the juvenile's mental health;(M) the referring agency's recommendation on the level of care; and(N) other pertinent information;(2) except for intra-jurisdictional transfers, official documentation of the resident's date and place of birth;(3) a psychological evaluation, behavioral health assessment, or psychiatric evaluation completed within 365 calendar days prior to the resident's admission date;(4) a signed disposition order or TJJD commitment order;(5) a current immunization record;(6) a medical examination conducted by a nurse practitioner, physician assistant, or physician that was completed within:(A) 90 calendar days prior to the resident's admission date; or(B) 180 calendar days prior to the resident's admission date if the following conditions apply:(i) the transfer is an intra-jurisdictional custodial transfer;(ii) the medical examination was conducted while the juvenile was a resident in the pre-adjudication facility; and(iii) the juvenile did not leave the custody of the pre-adjudication facility after the medical examination was conducted;(7) documentation that a tuberculosis test was administered and results were received no more than 365 calendar days prior to the resident's admission date;(8) a dental evaluation that was completed within 180 calendar days prior to the resident's admission date;(9) documentation of services needed if the juvenile is disabled;(10) documentation of the primary language of the resident and the resident's parent, legal guardian, or custodian; and(11) school records.(b) If a psychiatric evaluation is accepted in accordance with subsection (a)(3) of this section, it shall:(1) be conducted by a psychiatrist licensed by the Texas Medical Board; and(2) include a diagnostic impression.</content><note type="source"><p>Source Note: The provisions of this §343.600 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.602"><num value="343.602">§343.602</num><heading>Intake and Admission</heading><content>(a) Each facility shall have written policies and procedures addressing the admission of juveniles who are in need of emergency medical care due to injury, illness, or intoxication or who are in need of emergency mental health intervention.(1) Anyone presented for admission into the facility who is in need of emergency medical care due to injury, illness, or intoxication or is in need of emergency mental health intervention shall not be admitted into the facility.(2) The referring person shall be directed to a health care facility to have the individual evaluated and treated.(3) Subsequent admission into the facility is contingent upon written medical clearance provided by a health care professional or mental health provider.(b) Each facility shall have written policies and procedures addressing intoxicated or chemically impaired juveniles being admitted into the facility and their need for specialized supervision.</content><note type="source"><p>Source Note: The provisions of this §343.602 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.604"><num value="343.604">§343.604</num><heading>Health Screening</heading><content>(a) Timing of Health Screening. Except as provided in subsection (i) of this section, a health screening shall be conducted on each resident within two hours after admission.(b) Persons Qualified to Conduct Health Screening. The health screening shall be conducted by:(1) an appropriately supervised licensed vocational nurse (LVN), a registered nurse (RN), a nurse practitioner, a physician assistant, or a physician;(2) a qualified and properly trained person who is operating under delegation from a physician in accordance with Texas Occupations Code §157.001, including a medical assistant, emergency medical technician, or paramedic; or(3) an individual who has been trained on administering the facility's health screening by a person listed in paragraph (1) or (2) of this subsection.(c) Training Requirements for Health Screening. The training shall include instruction on:(1) how to take medical history;(2) how to make the required observations;(3) how to determine the appropriate disposition of a resident based on observations and responses to questions; and(4) how to document the findings on the screening instrument.(d) Health Screening Instrument. The health screening instrument shall be approved by an RN, nurse practitioner, physician assistant, or physician and shall include:(1) mental health conditions and treatment, including any hospitalizations;(2) observation of the following:(A) general appearance, such as sweating, tremors, anxious, disheveled, or appropriate;(B) behavior, such as disorderly, erratic, or appropriate;(C) state of consciousness, such as alert, responsive, or lethargic;(D) ease of movement, such as ability to walk and move limbs, gait, and bodily deformities;(E) breathing, such as persistent cough, hyperventilation, or normal; and(F) skin condition, such as lesions, swelling, yellowing, rashes, scars, tattoos, bruises, and/or needle marks;(3) history of or current serious infectious disease including tuberculosis;(4) recent communicable illness symptoms, such as chronic cough, coughing up blood, lethargy, weakness, weight loss, loss of appetite, fever, and/or night sweats;(5) history of or current sexually transmitted infections;(6) history of or current illnesses or chronic health conditions including:(A) allergies;(B) asthma or other respiratory problems;(C) dermatological conditions;(D) seizure disorder;(E) eye conditions; and(F) other acute or chronic conditions as determined by the health service authority;(7) history of or current gynecological problems;(8) current or recent pregnancy;(9) current use of medication(s) including name, dosage, frequency, time of last dose taken, and name of prescribing physician;(10) dental problems;(11) use of alcohol or illegal drugs, including type, amount, time of last use, and past treatment;(12) drug withdrawal symptoms;(13) special health requirements, such as dietary needs, physical disabilities, or prosthetics;(14) evidence of physical trauma;(15) recent injuries;(16) weight and height; and(17) any other health concerns reported by the resident.(e) Screening Methodology. The health screening shall be administered by directly questioning the resident, observing the resident's behavior and physical condition, and reviewing any available records. If any of the information is unknown at the time of the health screening, the screener shall indicate this by entering "unknown," "not applicable," or a line in the space or electronic field provided for this information on the health screening form.(f) Disposition and Medical Referral.(1) The individual who completes the screening shall:(A) document the disposition of the youth, such as referral to emergency services or placement in the general population with later referral for medical follow up; and(B) sign the screening instrument and document his/her title and the date and time of the screening.(2) For residents who are identified by the screening instrument as requiring follow-up consultation with a health care professional, facility staff shall:(A) contact the health care professional designated by the screening instrument as soon as possible but no later than 24 hours after completion of the screening, unless the screening instrument provides otherwise; and(B) ensure the resident receives follow-up medical care as directed by the health care professional.(3) The facility shall maintain and implement written policies and procedures to ensure that residents identified with potential medical problems (e.g., asthma, diabetes) are appropriately supervised until medical follow-up is received.(4) For residents who report taking prescription medication, facility staff shall document whether the resident's parent, guardian, or custodian has provided the facility with the medication and a written request to administer the medication. If the medication or written request has not been provided, facility staff shall contact a health care professional within 24 hours after completion of the screening to receive instruction.(g) Results of Screening. The results of the health screening and any needed follow-up medical care shall be communicated to appropriate staff. The completed health screening form shall be maintained.(h) Contagious or Infectious Disease. Any finding of the health screening that indicates a significant potential health risk to the staff or residents from a contagious or infectious disease shall be reported immediately to the facility administrator and the affected resident shall be placed in medical isolation until proper medical clearance is obtained.(i) Intra-Jurisdictional Custodial Transfer. A health screening is not required for intra-jurisdictional custodial transfer of residents if the post-adjudication facility receiving the resident is located within the same premises as the pre-adjudication facility. If the two facilities are not located within the same premises, evidence of physical trauma is the only item required for the health screening.</content><note type="source"><p>Source Note: The provisions of this §343.604 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.606"><num value="343.606">§343.606</num><heading>Orientation</heading><content>(a) Each resident shall be provided a verbal orientation within 12 hours after admission into the facility.(b) The verbal orientation shall include an explanation of the following:(1) procedures to access health care and a description of the available services;(2) resident discipline plan, including the guidelines and instructions for informal and formal disciplinary reviews and the resident appeal process;(3) grievance policies and procedures;(4) procedures to access mental health care and a description of the available services; and(5) age-appropriate information about the facility's zero-tolerance policy regarding sexual abuse and sexual harassment, including:(A) prevention and intervention; and(B) reporting incidents or suspicions of sexual abuse or sexual harassment;(6) information regarding the reporting of suspected abuse, neglect, or exploitation of a child in a juvenile justice facility; and(7) the facility's policy stating that the resident is ensured the right of confidentiality with regard to the items included in paragraphs (3), (5), and (6) of this subsection and will not face reprisal for participating in the procedures included in these items.(c) If the resident is not sufficiently fluent in English, arrangements shall be made to provide the resident with an orientation in the resident's primary language within 48 hours after admission.(d) When a literacy problem prevents a resident from understanding written rules, a staff member or translator shall assist the resident within 48 hours after admission.(e) The facility shall:(1) provide each resident a written copy of the orientation materials; or(2) post the orientation information in an area of the housing unit that is accessible to residents.</content><note type="source"><p>Source Note: The provisions of this §343.606 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.608"><num value="343.608">§343.608</num><heading>Classification Plan</heading><content>All facilities with more than one housing unit shall have a written classification plan that attempts to safely house residents based on at least the following factors:(1) age;(2) sex;(3) offense;(4) behavior; and(5) any other special consideration, such as potential vulnerabilities for sexual abuse, gang affiliation, referral history, and/or special needs.</content><note type="source"><p>Source Note: The provisions of this §343.608 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.610"><num value="343.610">§343.610</num><heading>Classification Plan--Segregation</heading><content>The classification plan shall require that residents assigned to progressive sanctions level 5 and below be physically segregated from residents assigned to progressive sanctions levels 6 and 7.</content><note type="source"><p>Source Note: The provisions of this §343.610 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.612"><num value="343.612">§343.612</num><heading>Admission Records</heading><content>The facility shall obtain and record the following information at the time the resident is admitted into the facility:(1) date and time of admission;(2) name;(3) nicknames and aliases;(4) social security number;(5) last known address;(6) adjudicated offense;(7) name of attorney;(8) name, title, and signature of delivering individual;(9) sex;(10) race;(11) date of birth;(12) citizenship;(13) place of birth;(14) name, relationship, address, and phone number of the resident's parents, legal guardians, or custodians; and(15) primary language of the resident and the resident's parent, legal guardian, or custodian.</content><note type="source"><p>Source Note: The provisions of this §343.612 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.614"><num value="343.614">§343.614</num><heading>Format and Maintenance of Records</heading><content>(a) Resident records shall be maintained in a uniform format.(b) Each facility shall have written policies and procedures to ensure the confidentiality of resident files.</content><note type="source"><p>Source Note: The provisions of this §343.614 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.616"><num value="343.616">§343.616</num><heading>Content of Resident Records</heading><content>Each resident's record shall include the following:(1) delinquent history;(2) inventory of cash and property surrendered;(3) list of approved visitors;(4) name of the assigned probation officer;(5) behavioral record, including any special incidents, discipline, or grievances;(6) progress reports; and(7) final release or transfer report.</content><note type="source"><p>Source Note: The provisions of this §343.616 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective January 1, 2017, 41 TexReg 5444.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.618"><num value="343.618">§343.618</num><heading>Housing Records</heading><content>(a) The following documentation shall be maintained for each housing unit in the facility:(1) a daily chronological log or electronic record documenting the resident's or housing unit's activity that identifies the juvenile supervision officers supervising the residents;(2) a daily report of admissions and releases; and(3) a current population roster as of 5:00 a.m. each day that shall include:(A) the date and time the roster was compiled;(B) the names of all residents in the facility;(C) the sex of all residents in the facility;(D) the housing assignment location (i.e., the location where the resident sleeps) of all residents in the facility; and(E) the numerical total of the resident population for each day.(b) The daily chronological log mentioned in subsection (a)(1) of this section shall:(1) be signed or initialed by the juvenile supervision officer(s) supervising the residents or housing unit; or(2) identify the juvenile supervision officer making the entry if the log is maintained in an electronic format that does not allow for signatures or initials.</content><note type="source"><p>Source Note: The provisions of this §343.618 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.620"><num value="343.620">§343.620</num><heading>Release Procedures</heading><content>Prior to the release of each resident from the facility, the authorized officer shall:(1) verify the identity of the person receiving custody;(2) do one of the following:(A) verify the release authorization documents; or(B) document the release authorization in writing if a judge or juvenile probation officer authorizes the release by telephone;(3) obtain a release signed by the individual receiving the resident's personal property;(4) provide information to a parent, legal guardian, or custodian regarding:(A) all medication prescribed while the resident was in the facility that the resident is currently taking, and the name and contact information of the prescribing physician;(B) any pending medical, mental health, or dental appointments; and(C) any present concerns regarding the resident; and(5) obtain a receipt signed by the person receiving custody of the resident.</content><note type="source"><p>Source Note: The provisions of this §343.620 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.622"><num value="343.622">§343.622</num><heading>Qualifications to Provide Resident Supervision</heading><content>(a) A juvenile supervision officer may provide resident supervision only if he or she:(1) is currently certified as a juvenile supervision officer and, if applicable, has received the facility-specific training required in §343.623 of this title; or(2) meets the following criteria:(A) has not exceeded the deadline for submitting a certification application established by Chapter 344 of this title;(B) has completed all training required by §344.622 and §344.624 of this title; and(C) has passed the certification exam for juvenile supervision officers.(b) A juvenile supervision officer who fails to meet the requirements in subsection (a) of this section may not:(1) be included in the juvenile supervision officer-to-resident ratios identified in this chapter; or(2) perform any duties of a juvenile supervision officer listed in this title.</content><note type="source"><p>Source Note: The provisions of this §343.622 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective February 1, 2018, 42 TexReg 5686.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.623"><num value="343.623">§343.623</num><heading>Additional Training Required for Certified Officers Hired by a Different Department</heading><content>(a) If a certified juvenile supervision officer is hired by a department or a private facility other than the one where the officer was employed at the time of receiving his or her certification, the officer must receive facility-specific training in the following topics as they relate to the duties of a juvenile supervision officer at the new department or facility:(1) suicide prevention plan;(2) preventing, identifying, and reporting abuse, neglect, and exploitation;(3) verbal de-escalation policies, procedures, and practices;(4) resident supervision, including resident behavior observation and documentation requirements;(5) behavior management, including the resident discipline plan and safety-based seclusion;(6) resident-initiated separation;(7) facility safety and security;(8) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;(9) fire safety plan, including fire drill procedures;(10) non-fire emergency and evacuation procedures;(11) recognizing and responding to mental health needs of residents;(12) resident grievance procedures;(13) transportation of juveniles; and(14) searches of juveniles.(b) A juvenile supervision officer who has not completed the training as required by subsection (a) of this section may not:(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or(2) perform any duties of a juvenile supervision officer listed in this title.</content><note type="source"><p>Source Note: The provisions of this §343.623 adopted to be effective February 1, 2018, 42 TexReg 5686.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.624"><num value="343.624">§343.624</num><heading>Minimum Facility Supervision</heading><content>At least two juvenile supervision officers shall be on duty at any time the facility has a resident. At least one of the officers shall be certified.</content><note type="source"><p>Source Note: The provisions of this §343.624 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.626"><num value="343.626">§343.626</num><heading>Gender Supervision Requirement</heading><content>(a) If residents of both genders are housed within the facility, juvenile supervision officers of both genders shall be on duty and available to the residents for every shift.(b) A juvenile supervision officer of one gender shall be prohibited from supervising and visually observing a resident of the opposite gender during showers, strip searches, disrobing of residents (suicidal or not), or when personal hygiene practice (e.g., onset of menstrual cycle, etc.) requires the presence of a juvenile supervision officer of the same gender.(c) Juvenile supervision officers of one gender shall be the sole supervisors of residents of the same gender during showers, strip searches, disrobing of suicidal youth, or during other times in which personal hygiene practices or needs would require the presence of a juvenile supervision officer of the same gender.</content><note type="source"><p>Source Note: The provisions of this §343.626 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.628"><num value="343.628">§343.628</num><heading>Facility-Wide Ratio</heading><content>(a) The facility-wide juvenile supervision officer-to-resident ratio shall not be less than:(1) one juvenile supervision officer to every eight residents during program hours; and(2) one juvenile supervision officer to:(A) every 20 residents during non-program hours if the post-adjudication facility is not located in the same building as a pre-adjudication facility; or(B) every 18 residents during non-program hours if the post-adjudication facility is located in the same building as a pre-adjudication facility.(b) For a juvenile supervision officer to count in the facility-wide ratio, the officer shall be present on the facility premises at all times.</content><note type="source"><p>Source Note: The provisions of this §343.628 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.629"><num value="343.629">§343.629</num><heading>On-Premises Supervision Requirements</heading><content>When residents are participating in any programming or activity on the facility premises but not inside a SOHU or MOHU:(1) residents shall be in the constant physical presence of a juvenile supervision officer; and(2) there shall be at least one juvenile supervision officer for every 12 residents participating in the program or activity.</content><note type="source"><p>Source Note: The provisions of this §343.629 adopted to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.630"><num value="343.630">§343.630</num><heading>Supervision Ratio</heading><content>In a SOHU or a MOHU, the juvenile supervision officer-to-resident ratio shall not be less than:(1) one juvenile supervision officer to every 12 residents during program hours; and(2) one juvenile supervision officer to every 24 residents during non-program hours.</content><note type="source"><p>Source Note: The provisions of this §343.630 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.632"><num value="343.632">§343.632</num><heading>Level of Supervision--SOHU</heading><content>(a) While residents are located in a SOHU during program hours, they shall be in the constant physical presence of a juvenile supervision officer unless:(1) the residents are placed in their individual sleeping quarters, in which case a juvenile supervision officer shall observe and document each resident's behavior at random intervals not to exceed 15 minutes; or(2) an exception in §343.638 of this title applies.(b) While residents are located in a SOHU during non-program hours, a juvenile supervision officer shall visually observe each resident at random intervals not to exceed 15 minutes.(c) Juvenile supervision officers shall document each visual observation made. The documentation shall include the time of the observation and generally describe the resident's behavior.</content><note type="source"><p>Source Note: The provisions of this §343.632 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.634"><num value="343.634">§343.634</num><heading>Level of Supervision--MOHU</heading><content>(a) While residents are located in a MOHU, residents shall be in the constant physical presence of a juvenile supervision officer during program and non-program hours.(b) Juvenile supervision officers shall document general observations of dorm activity at intervals not to exceed 30 minutes.</content><note type="source"><p>Source Note: The provisions of this §343.634 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.636"><num value="343.636">§343.636</num><heading>Off-Premises Supervision Requirements</heading><content>(a) A facility shall have written policies and procedures that establish specific supervision practices for residents allowed to temporarily leave the secure confines of the facility or the facility's secure grounds while in the custody of facility staff. The policies and procedures shall include:(1) applicable staff designations (i.e., which staff may supervise youth off site);(2) gender-specific requirements;(3) staff-to-resident ratios when more than one resident is involved;(4) personnel authorized to use approved restraint practices; and(5) staff training requirements.(b) The policies and procedures shall be written to provide an appropriate level of protection for the public and involved staff and residents.</content><note type="source"><p>Source Note: The provisions of this §343.636 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.638"><num value="343.638">§343.638</num><heading>Exceptions to Requirement to be Supervised by Juvenile Supervision Officer</heading><content>A resident shall be supervised by a juvenile supervision officer in accordance with requirements of this subchapter with the following exceptions:(1) No more than three residents may be supervised by a professional when the professional is working with the residents in a capacity that relates to the professional's licensure, certification, professional training, or education.(2) A juvenile supervision officer shall provide constant visual supervision of any therapeutic group between four and twelve residents when those residents are working with a qualified mental health professional or mental health provider.(3) Private visitation between one resident and an attorney, authorized visitor, or clergy does not require the constant physical presence of a juvenile supervision officer.</content><note type="source"><p>Source Note: The provisions of this §343.638 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.640"><num value="343.640">§343.640</num><heading>Primary Control Room</heading><content>If the facility has a primary control room, the following requirements shall apply.(1) A juvenile supervision officer stationed in and assigned to the facility's primary control room(s) shall not count toward meeting any ratios required by this subchapter.(2) A facility that has multiple control rooms shall distinguish which control room or rooms are designated as the primary control room(s).(3) Juvenile supervision officers assigned to a secondary control room may be counted:(A) in the facility-wide ratio; and(B) in the supervision ratio in a SOHU or MOHU during non-program hours.(4) A staff member assigned to primary control room duties is not required to be a certified juvenile supervision officer.</content><note type="source"><p>Source Note: The provisions of this §343.640 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.642"><num value="343.642">§343.642</num><heading>Use and Design--SOHU</heading><content>(a) Each SOHU shall be constructed to contain no more than 24 beds.(b) Individual resident sleeping quarters shall be used as single occupancy only. At no time may more than one resident be placed in an individual resident sleeping quarters.(c) Individual resident sleeping quarters shall contain a bed above floor level.</content><note type="source"><p>Source Note: The provisions of this §343.642 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.644"><num value="343.644">§343.644</num><heading>Spatial Requirements--SOHU</heading><content>(a) Individual resident sleeping quarters shall have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point in the ceiling.(b) Individual resident sleeping quarters shall have a minimum of 60 square feet of floor space.</content><note type="source"><p>Source Note: The provisions of this §343.644 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.646"><num value="343.646">§343.646</num><heading>Shower Facilities--SOHU</heading><content>(a) Each SOHU shall contain at least one operable shower for every ten beds in the housing unit. The shower shall have:(1) controls that produce hot and cold running water; or(2) one control that produces warm running water.(b) Showers with multiple shower heads are acceptable and shall count toward the shower-to-bed ratio.</content><note type="source"><p>Source Note: The provisions of this §343.646 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.648"><num value="343.648">§343.648</num><heading>Toilet Facilities--SOHU</heading><content>(a) In facilities constructed and operating before March 1, 1996, each SOHU shall contain at least one operable toilet above floor level for:(1) every 12 beds in male housing units; and(2) every eight beds in female housing units.(b) In facilities constructed and operating on or after March 1, 1996, each SOHU shall contain one operable toilet above floor level for every six beds in the housing unit.(c) Urinals may be substituted for up to one-half of the toilets in housing units permanently designed as all-male units.</content><note type="source"><p>Source Note: The provisions of this §343.648 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.650"><num value="343.650">§343.650</num><heading>Washbasin Requirements--SOHU</heading><content>Each SOHU constructed and in operation on or after September 1, 2003, shall:(1) contain a washbasin with:(A) controls that produce hot and cold running water; or(B) one control that produces warm running water; and(2) be configured to allow for access to a washbasin without leaving the housing unit.</content><note type="source"><p>Source Note: The provisions of this §343.650 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.652"><num value="343.652">§343.652</num><heading>Drinking Fountain--SOHU</heading><content>Each SOHU shall contain a drinking fountain.</content><note type="source"><p>Source Note: The provisions of this §343.652 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.654"><num value="343.654">§343.654</num><heading>Use and Design--MOHU</heading><content>(a) Each MOHU shall be constructed to contain no more than 24 beds.(b) Each MOHU shall have one bed above floor level for every resident assigned to the unit.(c) Each MOHU shall contain only residents of the same sex.(d) If bunk beds are used, they shall not exceed two levels.</content><note type="source"><p>Source Note: The provisions of this §343.654 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.656"><num value="343.656">§343.656</num><heading>Spatial Requirements--MOHU</heading><content>(a) Each MOHU shall have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling.(b) Each MOHU shall have a minimum of 35 square feet of unencumbered floor space per bed in the housing unit.</content><note type="source"><p>Source Note: The provisions of this §343.656 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.658"><num value="343.658">§343.658</num><heading>Shower Facilities--MOHU</heading><content>(a) Each MOHU shall contain at least one operable shower for every ten beds in the housing unit. The showers shall contain:(1) controls that produce hot and cold running water; or(2) one control that produces warm running water.(b) Showers with multiple shower heads are acceptable and shall count toward the shower-to-bed ratio.</content><note type="source"><p>Source Note: The provisions of this §343.658 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.660"><num value="343.660">§343.660</num><heading>Toilet Facilities--MOHU</heading><content>(a) In facilities constructed and operating before March 1, 1996, each MOHU shall contain at least one operable toilet above floor level for:(1) every 12 beds in male housing units; and(2) every eight beds in female housing units.(b) In facilities constructed and operating on or after March 1, 1996, each MOHU shall contain one operable toilet above floor level for every six beds in the housing unit.(c) Urinals may be substituted for up to one-half of the toilets in housing units permanently designed as all-male units.</content><note type="source"><p>Source Note: The provisions of this §343.660 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.662"><num value="343.662">§343.662</num><heading>Washbasin Requirements--MOHU</heading><content>Each MOHU constructed and in operation on or after September 1, 2003, shall contain a washbasin with:(1) controls that produce hot and cold running water; or(2) a single control that produces warm running water.</content><note type="source"><p>Source Note: The provisions of this §343.662 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.664"><num value="343.664">§343.664</num><heading>Drinking Fountain--MOHU</heading><content>Each MOHU shall contain a drinking fountain.</content><note type="source"><p>Source Note: The provisions of this §343.664 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.666"><num value="343.666">§343.666</num><heading>Exercise and Day Room Areas</heading><content>(a) The facility shall provide an area for indoor and outdoor exercise.(b) Day rooms shall provide a minimum of 35 square feet of space for every resident using the day room at one time, excluding lavatories, showers, and toilets.(c) Day rooms shall provide sufficient seating and writing surfaces for every resident using the day room at one time.</content><note type="source"><p>Source Note: The provisions of this §343.666 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.668"><num value="343.668">§343.668</num><heading>Program Hours</heading><content>Each facility shall have a written, daily program schedule that outlines the planned activities during program hours.(1) Except as noted in paragraph (2) of this section, each resident shall be provided at least ten total hours of structured and unstructured activities each day. Time a resident spends in individual sleeping quarters does not count toward the ten-hour minimum.(2) Residents who are in safety-based seclusion, disciplinary seclusion, room restriction, resident-initiated separation, protective isolation, medical isolation, or assessment isolation may receive modification to their program schedule.(3) The facility shall maintain documentation of any modification or deviation from the program schedule that results in the cancellation of an activity or deviation of one hour or more from the schedule.</content><note type="source"><p>Source Note: The provisions of this §343.668 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.670"><num value="343.670">§343.670</num><heading>Educational Program</heading><content>(a) The facility administrator shall ensure there is an educational program that requires all residents to participate. The educational program shall be administered in accordance with rules adopted by the Texas Education Agency (TEA).(b) The facility administrator shall ensure the education provider has access to residents so that the educational program is afforded to all residents, in accordance with TEA rules.(c) Students shall be provided coursework that complies with TEA rules.</content><note type="source"><p>Source Note: The provisions of this §343.670 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.672"><num value="343.672">§343.672</num><heading>Instructional Days</heading><content>(a) The facility administrator shall ensure that the educational program provides for at least 180 days of instruction unless:(1) a waiver has been granted by the TEA for fewer days; or(2) the number of educational days coincides with the local school district calendar.(b) An education service provider is required to provide a full educational day. An educational day is required to:(1) be seven hours long; and(2) consist of at least five and one-half hours of required secondary curriculum to students.</content><note type="source"><p>Source Note: The provisions of this §343.672 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.673"><num value="343.673">§343.673</num><heading>Special Education</heading><content>(a) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities are provided a free and appropriate public education as determined by the Admission, Review and Dismissal committee in order to meet the individual educational needs of the student as defined by federal and state laws.(b) The facility administrator, through a cooperative effort with the LEA, will ensure that residents with disabilities have available an instructional day commensurate with that of students without disabilities, in accordance with requirements contained in 19 TAC §89.1075(d).(c) The facility administrator or designee shall send notification of a student placement in a residential facility to the LEA as required by §29.012 of the Texas Education Code and shall retain documentation of this notice.</content><note type="source"><p>Source Note: The provisions of this §343.673 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.674"><num value="343.674">§343.674</num><heading>Educational Space</heading><content>The facility administrator shall ensure that educational space is adequate to meet the instructional requirements for each resident.</content><note type="source"><p>Source Note: The provisions of this §343.674 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.675"><num value="343.675">§343.675</num><heading>Orientation for Educational Staff</heading><content>(a) All permanent educational staff and substitutes with a known facility assignment of five consecutive school days or longer shall receive a facility orientation prior to performing educational duties. Orientation shall include:(1) security procedures;(2) emergency procedures;(3) behavior management system and prohibited sanctions; and(4) reporting abuse, neglect, and exploitation.(b) Documentation of the orientation shall be maintained.</content><note type="source"><p>Source Note: The provisions of this §343.675 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.676"><num value="343.676">§343.676</num><heading>Supervision During Educational Program</heading><content>Educational staff shall not be counted in staff-to-resident ratios.</content><note type="source"><p>Source Note: The provisions of this §343.676 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.677"><num value="343.677">§343.677</num><heading>Vocational Training Program</heading><content>If the facility offers a vocational training program that is not administered by the school and through which no academic credit is gained, the facility administrator shall ensure the program is administered by appropriately qualified persons to provide instruction or mentoring in the vocational skills.</content><note type="source"><p>Source Note: The provisions of this §343.677 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.678"><num value="343.678">§343.678</num><heading>Reading Materials</heading><content>Age-appropriate reading materials shall be available to all residents.</content><note type="source"><p>Source Note: The provisions of this §343.678 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.680"><num value="343.680">§343.680</num><heading>Recreation and Exercise</heading><content>(a) Recreational equipment and supplies shall be provided for use by residents. All recreational equipment shall be maintained in working order to ensure the safety of all staff and residents in the facility.(b) The recreational schedule shall offer the following programming each day:(1) at least one hour of large muscle exercise; and(2) at least one hour of open recreational activity.(c) Large muscle exercise shall take place outside of the individual resident sleeping quarters or sleeping rooms.(d) If the facility provides an opportunity for residents to participate in scheduled physical recreation, the requirements of this standard are satisfied regardless of whether or not the resident chooses to participate.(e) A resident's recreational schedule may be altered under the following conditions:(1) participation by the resident is contraindicated for medical reasons;(2) the resident is in safety-based seclusion, disciplinary seclusion, room restriction, resident-initiated separation, protective isolation, medical isolation, or assessment isolation;(3) the resident has a scheduled appointment;(4) extenuating circumstances exist that impede the recreational schedule; or(5) the resident presents an imminent danger to self or others.(f) A youth's recreational schedule may not be altered due to imminent danger to self or others without written approval from the facility administrator. The written approval shall be maintained.</content><note type="source"><p>Source Note: The provisions of this §343.680 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective June 1, 2016, 40 TexReg 7430 and 41 TexReg 850.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.686"><num value="343.686">§343.686</num><heading>Rehabilitative Services</heading><content>The social services program shall provide for the availability of:(1) professional counseling services (individual and group);(2) substance abuse prevention education; and(3) HIV/AIDS prevention education.</content><note type="source"><p>Source Note: The provisions of this §343.686 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.688"><num value="343.688">§343.688</num><heading>Case Plan Coordination</heading><content>The facility administrator shall ensure that:(1) the resident is made available to the juvenile probation officer to participate in monthly status and progress reviews, as described in §341.506 of this title;(2) a staff member who is knowledgeable about the resident's progress in the facility's programming:(A) participates in monthly status and progress reviews with the juvenile probation officer; and(B) provides a monthly written summary of the resident's progress in the facility's programming to the juvenile probation officer; and(3) documentation of the actions required in paragraphs (1) and (2) of this section is maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.688 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243; amended to be effective January 1, 2017, 41 TexReg 5444.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.700"><num value="343.700">§343.700</num><heading>Physical Training Program</heading><content>Sections 343.702, 343.704, 343.706, 343.708, 343.710, and 343.712 of this title apply to facilities that use a physical training program.</content><note type="source"><p>Source Note: The provisions of this §343.700 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.702"><num value="343.702">§343.702</num><heading>Governing Board Approval</heading><content>In facilities that begin operating a physical training program on or after January 1, 2010:(1) the facility shall obtain the governing board's written authorization to implement the program before the program begins operations;(2) the governing board's authorization process and written authorization shall be separate and distinct from the governing board's annual certification of the facility required by Texas Family Code §51.125; and(3) the governing board's written authorization shall be retained as long as the physical training program remains operational.</content><note type="source"><p>Source Note: The provisions of this §343.702 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.704"><num value="343.704">§343.704</num><heading>Pre-Admission Requirements</heading><content>(a) Prior to admitting a resident into the physical training program, the following documentation shall be reviewed by the facility administrator or designee:(1) a medical release signed and dated by a physician approving the resident's participation in the facility's physical training program;(2) the physician's acknowledgement of the components of the physical training program; and(3) a psychological evaluation or behavioral health assessment, which shall indicate whether there are therapeutic contraindications to the resident's participation in the physical training program.(b) The documentation required by this standard shall be maintained in the resident's file or the resident's medical file.</content><note type="source"><p>Source Note: The provisions of this §343.704 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.706"><num value="343.706">§343.706</num><heading>Physical Training Program Plan</heading><content>The facility shall have a written physical training program plan developed in consultation with the facility's health service authority and approved by the governing board. The plan shall include:(1) a physical fitness screening tool that addresses whether the resident has the physical capability to fully participate in the physical training program. The tool shall be selected or developed by the facility administrator or designee;(2) a curriculum that addresses the specific types of exercises authorized for use within the program. The curriculum shall:(A) define the time limitations of the individual exercises used in the physical training program; and(B) define the set number of repetitions of each exercise per session;(3) specific criteria to determine when outdoor weather conditions are too extreme or dangerous for physical training. The criteria shall address scheduling changes when necessary to ensure the safety of residents (e.g., seasonal scheduling changes to accommodate for weather patterns);(4) adjustments for increased dietary allowances in the residents' menu plan to accommodate the need for modified caloric intake and hydration; and(5) protocols for removal from the program if a resident becomes unfit to participate in the physical training program due to medical or mental health reasons.</content><note type="source"><p>Source Note: The provisions of this §343.706 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.708"><num value="343.708">§343.708</num><heading>Injury and Illness</heading><content>(a) If a resident is deemed unfit to participate in the physical training program due to medical reasons, the facility must document that a physician has determined the resident is fit to resume program activities before the resident is permitted to return to the program.(b) The facility shall maintain a log of residents who are deemed unfit to participate in the physical training program due to medical reasons. The log shall show:(1) resident's name and date of birth;(2) date the resident was deemed unfit to participate; and(3) date the resident resumed participation, if applicable.</content><note type="source"><p>Source Note: The provisions of this §343.708 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.710"><num value="343.710">§343.710</num><heading>Disciplinary Sanctions</heading><content>(a) The facility shall have written policies and procedures, including guidelines, parameters, and limitations, on the types of physical activity that may be used for discipline or refocusing purposes (e.g., physical activities used to discipline for non-compliant behavior or as a substitute for write-ups or disciplinary seclusion).(b) Physical exercises used for intimidation shall be prohibited.(c) Residents shall not receive disciplinary sanctions that cause bodily duress (i.e., physical punishment to the body).</content><note type="source"><p>Source Note: The provisions of this §343.710 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scD/s343.712"><num value="343.712">§343.712</num><heading>Physical Fitness Screening Tool</heading><content>(a) A resident shall not participate in the physical training program until the initial physical fitness screening tool has been completed and evaluated.(b) Every 30 calendar days, the facility shall administer the physical fitness screening tool to re-evaluate the resident's ability to participate in the physical training program.(c) The results of the resident's physical fitness screening and the facility designee's evaluation of the screening results shall be maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §343.712 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c343/scE"><num value="E">SUBCHAPTER E</num><heading>RESTRAINTS</heading><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.800"><num value="343.800">§343.800</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless otherwise expressly defined within the chapter.(1) Approved Personal Restraint Technique--A professionally trained, curriculum-based, and competency-based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints.(2) Approved Mechanical Restraint Devices--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. TJJD-approved mechanical restraint devices are limited to the following:(A) Ankle Cuffs--A metal band designed to be fastened around the ankle to restrain free movement of the legs.(B) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms.(C) Plastic Cuffs--Plastic devices designed to be fastened around the wrists or legs to restrain free movement of hands, arms, or legs. Plastic cuffs must be designed specifically for use in human restraint.(D) Restraint Bed--A professionally manufactured and commercially available bed or integrated bed attachments that are specifically designed to facilitate safe human restraint.(E) Restraint Chair--A professionally manufactured and commercially available restraint apparatus specifically designed for safe human restraint. The device restrains a subject in an upright, sitting position by restricting the subject's extremities, upper leg area, and torso with soft restraints. The apparatus may be fixed or wheeled for relocation.(F) Waist Belt--A cloth, leather, or metal band designed to be fastened around the waist and used to secure the arms to the sides or front of the body.(G) Wristlets--A cloth or leather band designed to be fastened around the wrist that may be secured to a waist belt or used in a non-ambulatory mechanical restraint.(3) Chemical Restraint--The application of a chemical agent on one or more residents.(4) Four-Point Restraint--The use of approved mechanical restraint devices on each of a resident's wrists and ankles to secure the resident in a supine position to a restraint bed.(5) Mechanical Restraint--The application of an approved mechanical restraint device.(6) Non-Ambulatory Mechanical Restraint--A method of prohibiting a resident's ability to stand upright and walk with the use of a combination of approved mechanical restraint devices, cuffing techniques, and the subject's body positioning. The four-point restraint and restraint chair are examples of acceptable non-ambulatory mechanical restraints.(7) Personal Restraint--The application of an approved personal restraint technique.(8) Physical Escort--Touching or holding a resident with a minimum use of force for the purpose of directing the resident's movement from one place to another. A physical escort is not considered a personal restraint.(9) Protective Devices--Professionally manufactured devices used for the protection of residents or staff that do not restrict the movement of a resident. Protective devices are not considered mechanical restraint devices.(10) Restraint--The application of an approved personal restraint technique, an approved mechanical restraint device, or a chemical agent to a resident so as to restrict the individual's freedom of movement.(11) Riot--A situation in which three or more persons in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.(12) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices or in conjunction with a restraint bed or restraint chair. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the subject's extremities.</content><note type="source"><p>Source Note: The provisions of this §343.800 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.802"><num value="343.802">§343.802</num><heading>Requirements</heading><content>(a) Restraints shall be used only by juvenile supervision officers and juvenile probation officers.(b) Prior to participating in a restraint, juvenile probation officers and juvenile supervision officers shall be trained in the use of the facility's specific verbal de-escalation policies, procedures, and practices.(c) Prior to participating in a restraint, juvenile probation officers and juvenile supervision officers shall have received training and demonstrated competency in the approved restraint techniques and devices used by the facility.(d) Restraints shall be used only to prevent imminent or active:(1) self-injury or injury to others;(2) serious property damage; or(3) escapes.(e) Restraints shall be used only as a last resort.(f) Only the amount of force and type of restraint necessary to control the situation shall be used.(g) Restraints shall be implemented in such a way as to protect the health and safety of the resident and others.(h) Restraints shall be terminated as soon as the resident's behavior indicates that the imminent threat of self-injury, injury to others, or serious property damage or the threat of escape has subsided.</content><note type="source"><p>Source Note: The provisions of this §343.802 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.804"><num value="343.804">§343.804</num><heading>Prohibitions</heading><content>Restraints that employ any of the following techniques are prohibited:(1) restraints used for punishment, discipline, retaliation, harassment, compliance, intimidation, or as a substitute for an appropriate disciplinary seclusion;(2) restraints that deprive the resident of basic human necessities, including restroom opportunities, water, food, and clothing;(3) restraints that are intended to inflict pain;(4) restraints that place a resident in a prone or supine position with sustained or excessive pressure on the back, chest, or torso;(5) restraints that place a resident in a prone or supine position with pressure on the neck or head;(6) restraints that obstruct the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose;(7) restraints that interfere with the resident's ability to communicate;(8) restraints that obstruct the view of the resident's face;(9) any technique that does not require the monitoring of the resident's respiration and other signs of physical distress during the restraint; and(10) percussive or electrical shocking devices.</content><note type="source"><p>Source Note: The provisions of this §343.804 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.806"><num value="343.806">§343.806</num><heading>Documentation</heading><content>(a) Except for restraints addressed in §343.818 of this title, all restraints shall be fully documented and the documentation shall be maintained. Documentation shall include an accurate description of the restraint event, including:(1) the name of the resident;(2) the name and title of each staff member who administered the restraint;(3) a narrative description of the restraint event from each staff member who participated in the restraint;(4) the date of the restraint;(5) the duration of each type of restraint (e.g., personal, mechanical), including notation of the time each type of restraint began and ended;(6) the location of the restraint;(7) the events and behavior that prompted the initial restraint and any continued restraint;(8) de-escalation efforts and all restraint alternatives attempted;(9) the type of restraint(s) applied, including, as applicable:(A) the specific type of personal restraint hold applied;(B) the type of mechanical restraint device(s) applied; and(C) the type of chemical restraint(s) used; and(10) whether or not any injury occurred during the restraint and a description of any injuries.(b) The facility shall maintain a restraint log. The log shall be organized chronologically by date and document the following information:(1) name of the resident;(2) type of restraint applied (e.g., personal, mechanical);(3) name of staff member(s) who administered the restraint;(4) time and date the restraint began; and(5) time and date the restraint ended.</content><note type="source"><p>Source Note: The provisions of this §343.806 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.808"><num value="343.808">§343.808</num><heading>Personal Restraint</heading><content>(a) A facility shall not use a personal restraint technique before it has been approved for use by TJJD.(b) Personal restraints shall be administered in a manner consistent with the approved personal restraint technique adopted by the facility.(c) Juvenile supervision officers and juvenile probation officers shall be retrained in the approved personal restraint technique in accordance with the requirements of the technique or at least once every 365 calendar days, whichever time frame is shorter.</content><note type="source"><p>Source Note: The provisions of this §343.808 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.810"><num value="343.810">§343.810</num><heading>Mechanical Restraint</heading><content>(a) Requirements.(1) Only TJJD-approved mechanical restraint devices shall be used by a facility.(2) Mechanical restraint devices shall be used only in a manner consistent with their intended use.(3) All mechanical restraint devices shall be inspected at least once each year, no later than the last day of the calendar month of the previous year's inspection. The dates of the inspections shall be documented.(4) All faulty or malfunctioning devices shall be restricted from use until they are repaired or replaced. Any maintenance performed shall adhere to the manufacturer's guidelines.(b) Prohibitions.(1) Except as noted in paragraph (2) of this subsection, approved mechanical restraint devices shall not be altered from the manufacturer's design.(2) If a required repair will modify or alter a restraint bed, restraint chair, and/or accompanying soft restraints, the facility shall obtain and maintain written approval from the manufacturer prior to the repair. The restraint equipment shall meet the requirements of this subchapter after the alteration or modification occurs.(3) A resident shall not be placed in a prone position while restrained in any mechanical restraint for a period of time longer than necessary to apply the restraint device.(4) A mechanical restraint shall not secure a resident in a prone, supine, or lateral position with the resident's arms and hands behind the resident's back and secured to the resident's legs.(5) Approved mechanical restraint devices shall not be secured so tightly as to interfere with circulation or so loosely as to cause chafing of the skin.(6) Approved mechanical restraint devices shall not be secured to a stationary object except when complete immobilization is required by use of a four-point restraint or a restraint chair.(7) A resident in an approved mechanical restraint device shall not participate in any physical activity.(8) Plastic cuffs shall be used only in emergency situations.</content><note type="source"><p>Source Note: The provisions of this §343.810 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.812"><num value="343.812">§343.812</num><heading>Non-Ambulatory Mechanical Restraints</heading><content>(a) Non-ambulatory mechanical restraints shall be used only in response to a resident's overt self-injurious behavior and only when other less restrictive interventions or other forms of physical restraint have been deemed to be inappropriate or ineffective.(b) The initial use of non-ambulatory mechanical restraints shall receive incident-specific authorization from the facility administrator or designee. Standing orders authorizing non-ambulatory mechanical restraints are prohibited.(c) Non-ambulatory mechanical restraints shall be conducted in an area or room that is not visible to other residents but in a location that is readily accessible to health care professionals or specially trained staff with supervisory responsibilities specific to the oversight of the non-ambulatory mechanical restraints.(d) A room or cell with fixed or static non-ambulatory mechanical restraint fixtures or mechanisms (e.g., anchoring points or devices) shall be used to house a resident who is not being restrained in a non-ambulatory mechanical restraint only if the resident is being provided constant supervision.(e) Non-ambulatory mechanical restraints shall be restricted to professionally manufactured, standards-compliant restraint beds, restraint chairs, and soft restraint devices.(f) A written recommendation from a health care professional or a mental health provider is required for a non-ambulatory mechanical restraint to continue longer than one hour.(g) Non-ambulatory mechanical restraints lasting two hours in duration shall be considered a behavioral health crisis and shall result in an immediate referral to a mental health provider or a mental health facility for assessment and possible treatment.(h) Under no circumstances shall a non-ambulatory mechanical restraint exceed three hours in duration within a 24-hour period. The collective time a resident spends in multiple non-ambulatory mechanical restraints occurring within a 24-hour period shall not exceed three hours.(i) Residents in a non-ambulatory mechanical restraint shall be provided:(1) constant visual supervision by a juvenile supervision officer or juvenile probation officer;(2) an opportunity for expanded physical motion for not less than five minutes at every 30-minute interval;(3) an opportunity to drink water every hour;(4) regularly prescribed medications, unless otherwise ordered by a physician; and(5) an opportunity to eliminate bodily waste at least every hour.(j) The constant visual supervision required in subsection (i)(1) of this section may be from behind an architectural barrier, such as a window, as long as the constant visual supervision is not interrupted or impeded.(k) Requirements in subsection (i) of this section shall be fully documented and retained in the facility record or resident file. The juvenile supervision officer or juvenile probation officer shall document any instance in which the resident's aggressive behavior prevents staff from providing any of the items listed in subsection (i) of this section.(l) The following documentation shall be retained in the facility record or resident file:(1) an assessment of the resident's circulation, positioning, and breathing conducted at least every ten minutes by a specially trained juvenile supervision officer or a health care professional; and(2) documented checks, performed by a health care professional or specially trained staff, of the physical condition of the resident and the placement of the mechanical restraint devices within the first 30 minutes of the restraint and every hour thereafter.(m) The officer responsible for providing the constant visual supervision of a resident in a non-ambulatory mechanical restraint shall have physical possession of the key or other mechanism for releasing the resident from the restraint.(n) Any juvenile probation officer or juvenile supervision officer authorized to place a resident in a non-ambulatory mechanical restraint shall be trained in topics that include:(1) monitoring the vital signs and critical circulation points of a resident placed in the non-ambulatory mechanical restraint; and(2) emergency procedures for the removal of a resident from the non-ambulatory mechanical restraint.</content><note type="source"><p>Source Note: The provisions of this §343.812 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective September 1, 2013, 38 TexReg 4387; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.816"><num value="343.816">§343.816</num><heading>Chemical Restraints</heading><content>In addition to the requirements found in §§343.802, 343.804, and 343.806 of this chapter, the use of chemical restraints shall be governed by the following criteria:(1) chemical restraints shall only be used in response to episodes of resident riot and only then when other forms of approved restraints are deemed to be inappropriate or ineffective;(2) the use of chemical restraints shall receive incident-specific authorization from the facility administrator. Standing orders authorizing chemical restraints are prohibited;(3) chemical restraints are restricted to professionally manufactured and commercially available defense sprays and vaporizing agents containing either Oleoresin Capsicum (i.e., OC pepper sprays) or Orthochlorobenzalmalonoitrile (i.e., tear gas);(4) chemical restraint deployment devices shall be stored in a locked area, and the issuance of these devices to juvenile supervision officers shall not commence until the facility administrator's authorization has been provided;(5) chemical restraints shall not be used on a resident when he or she is in a personal or mechanical restraint, or otherwise under control;(6) immediately following the use of a chemical restraint, the exposed resident shall be visually or physically examined by a health care professional and provided treatment if necessary; and(7) chemical agent compatible neutralizers or decontaminants shall be readily available for use on residents who have been exposed to chemical restraints.</content><note type="source"><p>Source Note: The provisions of this §343.816 adopted to be effective January 1, 2010, 34 TexReg 7095.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c343/scE/s343.818"><num value="343.818">§343.818</num><heading>Preventive Mechanical Restraints</heading><content>For resident, staff, and public safety purposes, a resident may be placed in ankle cuffs, handcuffs, wristlets, or a waist belt absent the imminent threat requirements in §343.802(d) of this title. These types of preventive mechanical restraints are authorized under the following circumstances:(1) Mechanical restraints may be used when moving a resident from point to point within the premises of a secure facility. The mechanical restraint devices shall be removed upon completion of the resident's relocation.(2) Mechanical restraints may be used when transporting a resident in a vehicle. However, a resident shall not be secured to:(A) any part of the vehicle; or(B) another resident.(3) Mechanical restraints may be used when a resident is required to leave the secure confines of the facility.(4) The routine, preventive use of mechanical restraint applications described in this section is exempt from the documentation requirements contained in §343.806 of this title, except when:(A) the resident's cooperation is compelled through the use of a personal or chemical restraint;(B) the resident receives an injury in relation to the restraint event or restraint devices; or(C) the resident's behavior escalates to the imminent threat criteria listed in §343.802(d) of this title.</content><note type="source"><p>Source Note: The provisions of this §343.818 adopted to be effective January 1, 2010, 34 TexReg 7095; amended to be effective January 1, 2015, 39 TexReg 9243.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c344"><num value="344">CHAPTER 344</num><heading>EMPLOYMENT, CERTIFICATION, AND TRAINING</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS AND APPLICABILITY</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scA/s344.100"><num value="344.100">§344.100</num><heading>Definitions</heading><content>When used in this chapter, the following words and terms have the following meanings unless the context clearly indicates otherwise.(1) Certification Exam--An exam required by TJJD that is given to individuals hired as a juvenile probation officer or juvenile supervision officer that tests the individual's competency in certain topics.(2) Certification Period--The 24-month period that starts on the first day of the month following the officer's birth month and ends on the last day of the officer's birth month. The first certification period also includes the time between the date of certification and the officer's next birth month. For example: An officer's birth date is June 5. The officer receives initial certification on August 10, 2018. The first certification period starts on August 10, 2018, and ends on June 30, 2021. The second certification period starts on July 1, 2021, and ends on June 30, 2023.(3) Certified Officer (Officer)--A juvenile probation officer, juvenile supervision officer, or community activities officer who is currently certified by TJJD.(4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for the oversight of the day-to-day operations of a single juvenile probation department for a county or a multi-county judicial district.(5) Community Activities Officer--Regardless of title, an individual other than a juvenile probation officer or juvenile supervision officer whose position may require supervising juveniles in a non-secure setting within a juvenile justice program.(6) Continuing Education--Courses, programs, or organized learning experiences required to maintain certification and to enhance personal or professional goals.(7) Conviction--Any conviction or deferred adjudication for criminal conduct. A conviction does not include a juvenile adjudication.(8) Direct, Unsupervised Access--The ability to physically interact with juveniles in a juvenile justice program or facility without the accompanying physical presence of or constant visual monitoring by a certified officer or other authorized employee of the program or facility. For purposes of this chapter, direct, unsupervised access does not include interactions that are incidental and momentary.(9) Facility Administrator--An individual designated by the chief administrative officer or governing board of a juvenile justice facility as the on-site program director or superintendent of a juvenile justice facility.(10) Grace Period--The one-month period following the end of an officer's certification period.(11) Juvenile Justice Facility ("facility")--A facility that serves juveniles under juvenile court jurisdiction and that is operated solely or partly by or under the authority of the governing board or juvenile board or by a private vendor under a contract with the governing board, juvenile board, or governmental unit. The term includes:(A) a public or private juvenile pre-adjudication secure detention facility, including a short-term detention facility (i.e., holdover), required to be certified in accordance with Texas Family Code §51.12;(B) a public or private juvenile post-adjudication secure correctional facility required to be certified in accordance with Texas Family Code §51.125; and(C) a public or private non-secure correctional facility required to be certified in accordance with Texas Family Code §51.126.(12) Juvenile Justice Program ("program")--A program or department that:(A) serves juveniles under juvenile court or juvenile board jurisdiction; and(B) is operated solely or partly by the governing board, juvenile board, or by a private vendor under a contract with the governing board or juvenile board. The term includes:(i) juvenile justice alternative education programs;(ii) non-residential programs that serve juvenile offenders under the jurisdiction of the juvenile court or the juvenile board; and(iii) juvenile probation departments.(13) Juvenile Probation Department ("department")--A governmental unit established under the authority of a juvenile board to facilitate the execution of the responsibilities of a juvenile probation department enumerated in Title 3 of the Texas Family Code and Chapter 221 of the Texas Human Resources Code.(14) Juvenile Probation Officer--An individual whose primary responsibility and essential job function is to provide juvenile probation services and supervision duties authorized under statutory and administrative law that can be performed only by a certified juvenile probation officer.(15) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a:(A) juvenile justice facility; or(B) juvenile justice alternative education program operated by a department that also operates a juvenile justice facility.(16) Professional--The following persons are considered professionals for purposes of this chapter:(A) teachers certified as educators by the State Board for Educator Certification, including teachers certified by the State Board for Educator Certification with provisional or emergency certifications;(B) educational aides or paraprofessionals certified by the State Board for Educator Certification;(C) health-care professionals licensed or certified under the following chapters of the Texas Occupations Code:(i) Chapter 301 (nurses);(ii) Chapter 155 (physicians);(iii) Chapter 204 (physician assistants);(iv) Chapter 256, Subchapter A (dentists); or(v) Chapter 401 (speech-language pathologists and audiologists);(D) mental health providers, as defined in Chapter 343 of this title;(E) qualified mental health professionals, as defined in Chapter 343 of this title; and(F) commissioned law enforcement personnel.</content><note type="source"><p>Source Note: The provisions of this §344.100 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scA/s344.110"><num value="344.110">§344.110</num><heading>Interpretation and Applicability</heading><content>(a) Conflicting Standards. If a general provision contained in this chapter conflicts with a specific provision contained in another chapter promulgated by TJJD, the specific language controls.(b) Use of the Words "Including" and "Includes." When used in this chapter, the words "including" and "includes" are to be understood as introducing a non-exhaustive list unless the context clearly indicates otherwise.(c) Applicability.(1) This chapter applies to all juvenile justice programs and facilities in this state unless expressly stated otherwise.(2) All provisions of this chapter apply regardless of the date an individual is hired or begins service provision unless expressly stated otherwise.(3) All employment and education requirements in this chapter must have been completed prior to the date an individual begins employment in the position to which the requirements apply.(d) Waiver or Variance. The requirements in this chapter are not subject to a waiver or variance except as provided in this chapter.</content><note type="source"><p>Source Note: The provisions of this §344.110 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective September 1, 2024, 49 TexReg 5354.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scB"><num value="B">SUBCHAPTER B</num><heading>QUALIFICATIONS FOR CERTIFICATION AND EMPLOYMENT</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.200"><num value="344.200">§344.200</num><heading>General Qualifications for Positions Requiring Certification</heading><content>(a) Juvenile Probation Officer. To be eligible for certification as a juvenile probation officer, supervisor of a juvenile probation officer, or chief administrative officer, an individual must:(1) be at least 21 years of age;(2) have no disqualifying criminal history as described in this chapter;(3) have no criminal history as described in §344.410(a) of this chapter unless TJJD has reviewed it and determined the person is not ineligible for certification due to the criminal history;(4) have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board;(5) never have had any type of certification revoked by TJJD;(6) complete the training required by this chapter; and(7) pass the certification exam as required by §344.700 of this chapter.(b) Juvenile Supervision Officer. To be eligible for certification as a juvenile supervision officer, an individual must:(1) be at least 21 years of age;(2) have no disqualifying criminal history as described in this chapter;(3) have no criminal history as described in §344.410(a) of this chapter unless TJJD has reviewed it and determined the person is not ineligible for certification due to the criminal history;(4) have acquired a high school diploma or its equivalent as specified in §344.204 of this chapter;(5) never have had any type of certification revoked by TJJD;(6) complete the training required by this chapter; and(7) pass the certification exam as required by §344.700 of this chapter.(c) Community Activities Officer. To be eligible for certification as a community activities officer, an individual must:(1) be at least 21 years of age;(2) have no disqualifying criminal history as described in this chapter;(3) have no criminal history as described in §344.410(a) of this chapter unless TJJD has reviewed it and determined the person is not ineligible for certification due to the criminal history;(4) have acquired a high school diploma or its equivalent as specified in §344.204 of this chapter;(5) never have had any type of certification revoked by TJJD; and(6) complete the training required by this chapter.</content><note type="source"><p>Source Note: The provisions of this §344.200 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8044; amended to be effective September 1, 2024, 49 TexReg 5354.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.202"><num value="344.202">§344.202</num><heading>General Qualifications for Facility Administrators</heading><content>To serve as a facility administrator, an individual must:(1) obtain and maintain an active certification as a juvenile supervision officer in accordance with requirements of this chapter; and(2) have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §344.202 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective September 1, 2024, 49 TexReg 5354.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.204"><num value="344.204">§344.204</num><heading>Education Requirements</heading><content>(a) Juvenile Probation Officer. To be eligible for certification as a juvenile probation officer, an individual must have acquired a bachelor's degree conferred by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.(b) Juvenile Supervision Officer and Community Activities Officer.(1) Except as provided by subsection (c) of this section, to be eligible for certification as a juvenile supervision officer or community activities officer, an individual must meet one of the following educational requirements:(A) a diploma from a high school accredited by a generally recognized accrediting organization or from a high school operated by the United States Department of Defense. TJJD considers the following entities as generally recognized accrediting organizations:(i) the Texas Education Agency or the equivalent agency in another state;(ii) an entity approved by the Texas Private School Accreditation Commission; and(iii) regional accreditation organizations such as:(I) Middle States Association of Colleges and Schools;(II) New England Association of Schools and Colleges;(III) North Central Association of Colleges and Schools;(IV) Northwest Accreditation Commission;(V) Southern Association of Colleges and Schools; and(VI) Western Association of Schools and Colleges;(B) a high school equivalency certificate (e.g., GED) issued by the Texas Education Agency or equivalent agency in another state;(C) a diploma or certificate of completion issued in a homeschool setting;(D) a United States military record that indicates the education level received is equivalent to a United States high school diploma or high school equivalency certificate;(E) a foreign high school diploma that meets the validation requirements established in §344.206 of this chapter; or(F) unconditional acceptance into a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board.(2) A department or facility may attempt to establish that an entity not listed in paragraph (1)(A) of this subsection is a generally recognized accrediting organization by submitting supporting documentation to the TJJD certification office. Based on the documentation, TJJD will determine whether the entity is a generally recognized accrediting organization.(3) Notwithstanding paragraph (1)(E) of this subsection, a department or facility may submit documentation to establish that a state agency in Texas or licensing entity in Texas has accepted a foreign high school diploma as sufficient to meet an employment or licensing requirement to have a high school diploma. TJJD will determine whether the high school diploma is sufficient to meet the certification criterion related to having a high school diploma.(c) Waiver of Education Requirement for Military.(1) This subsection applies only to a person who is a military service member or military veteran as those terms are defined in Chapter 55, Occupations Code who does not have a high school diploma or equivalent and holds a current license issued by another jurisdiction for a position that is substantially similar and with licensing requirements that are substantially similar to TJJD's certification requirements for a juvenile supervision officer or community activities officer, as determined by TJJD.(2) A department or facility that wishes to hire a person described by paragraph (1) of this subsection in a position requiring certification as a juvenile supervision officer or community activities officer may request a waiver of the requirement that the person have a high school diploma or GED. The request must be submitted to TJJD's certification office on a form prescribed by TJJD and must include sufficient information regarding the person's credentials and experience to allow TJJD to determine if a waiver of the education requirement should be granted. Incomplete submissions may result in a denial of the waiver.</content><note type="source"><p>Source Note: The provisions of this §344.204 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective September 1, 2024, 49 TexReg 5354.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.206"><num value="344.206">§344.206</num><heading>Validation Requirements for Foreign Diplomas</heading><content>(a) A high school diploma issued by a foreign high school that does not meet the accreditation requirement in §344.204(b)(1) of this title must be accompanied by an evaluation of the diploma verifying that the high school education received is the substantial equivalent of a high school education received in the United States.(b) The evaluation must be performed by an evaluation service that is a member of the National Association of Credential Evaluation Services.(c) The department or facility may not accept the results of the evaluation unless the results are sent directly to the department or facility.(d) The department or facility may require the individual who is seeking employment to initiate the evaluation and pay any required fees.</content><note type="source"><p>Source Note: The provisions of this §344.206 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.208"><num value="344.208">§344.208</num><heading>Persons Not Subject to Minimum Educational Requirements</heading><content>Individuals employed as juvenile probation officers prior to September 1, 1981, and who have maintained continuous employment as a juvenile probation officer since that date are not subject to the minimum educational requirements set forth in Texas Human Resources Code §222.001 and in this chapter. A juvenile probation officer who experiences an interruption or lapse of employment as a juvenile probation officer must meet all current applicable employment, certification, and training requirements.</content><note type="source"><p>Source Note: The provisions of this §344.208 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.212"><num value="344.212">§344.212</num><heading>Verification of Education Requirements</heading><content>A department or facility must require an applicant for a position requiring certification to provide the department or facility with official documentation that verifies the applicant meets the educational requirements for certification.</content><note type="source"><p>Source Note: The provisions of this §344.212 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scB/s344.230"><num value="344.230">§344.230</num><heading>Persons Who May Not Act as a Chief Administrative Officer, Facility Administrator, Juvenile Probation Officer, Juvenile Supervision Officer, or Community Activities Officer</heading><content>Pursuant to Section 222.004, Texas Human Resources Code, a peace officer, prosecuting attorney, or other person who is employed by or who reports directly to a law enforcement or prosecution official may not act as a chief administrative officer, facility administrator, juvenile probation officer, juvenile supervision officer, or community activities officer or be made responsible for supervising a juvenile on probation.</content><note type="source"><p>Source Note: The provisions of this §344.230 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scC"><num value="C">SUBCHAPTER C</num><heading>CRIMINAL HISTORY AND BACKGROUND CHECKS</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.300"><num value="344.300">§344.300</num><heading>Criminal History Checks</heading><content>(a) Department or facility policy must prohibit direct, unsupervised access to juveniles in a juvenile justice program or facility by the following:(1) any person with a disqualifying criminal history as described in §344.400 of this chapter; and(2) any person with a criminal history described in §344.410(a) of this chapter, unless the person's criminal history has been reviewed by TJJD or the juvenile board or designee, as appropriate, and the review results in a determination that the person is not ineligible for certification, employment, or service in the position.(b) A criminal history check as described in this section must be conducted for:(1) an individual who is in a position requiring certification;(2) an individual who is in a position eligible for optional certification who is seeking certification; and(3) an individual who may have direct, unsupervised access to juveniles in a juvenile justice facility or program and who is:(A) an employee in a position neither requiring certification nor eligible for optional certification;(B) an employee in a position eligible for optional certification who is not seeking certification;(C) a volunteer;(D) an intern; or(E) an individual who provides goods or services under contract on the premises of a juvenile justice facility or program, except as provided in subsection (c) of this section.(c) A criminal history check as specified in this section is not required for employees of a public school district who:(1) provide services in a juvenile justice facility or program; and(2) have completed all criminal history checks required by the Texas Education Agency.(d) Before any individual listed in subsection (b) of this section begins employment or service provision:(1) the department or facility must ensure the individual has electronically submitted fingerprints using Fingerprint Applicant Services of Texas (FAST) and verify that the department is able to subscribe to the individual's Fingerprint-Based Applicant Clearinghouse of Texas (FACT) record;(2) the department must subscribe to that individual's record in FACT; and(3) the department must ensure the criminal history is reviewed as specified in this chapter and must ensure the reviewing entity has determined the person is not ineligible for certification, employment, or providing services based on the person's criminal history, in accordance with this chapter.(e) The department must maintain a FACT subscription for each individual in a position requiring a criminal history check for as long as the individual remains in such a position. This requirement applies regardless of the date employment or service provision began.(f) The requirements of this section do not apply to the juvenile's attorney, family members, managing conservator, guardians, individuals listed as a juvenile's approved visitors, or any other individual not listed in subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §344.300 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.302"><num value="344.302">§344.302</num><heading>Military History Checks</heading><content>(a) If an individual who is subject to a criminal history check has prior military experience, the department or facility must review the applicant's most recent separation or discharge documents.(b) In the event separation or discharge documents reflect character of service that is anything other than "honorable discharge" or "honorably discharged," the department or facility must:(1) attempt to obtain authorization from the applicant for the release of information; and(2) request additional information from the appropriate governmental entity to determine whether the reason for discharge was the result of disqualifying criminal conduct.(c) Before an individual with prior military history begins employment or service provision, the department or facility must use the information described in subsections (a) and (b) of this section to determine if the individual has a disqualifying criminal history as specified in §344.400 of this title.(d) The department or facility must review the most recent separation or discharge documents as described in subsections (a) and (b) of this section when a currently employed certified officer returns from a period of active duty or is discharged from military service.</content><note type="source"><p>Source Note: The provisions of this §344.302 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.312"><num value="344.312">§344.312</num><heading>Criminal History Checks for Employees of Licensed Facilities or Programs</heading><content>(a) Employees of facilities or programs that are licensed by the Texas Department of Family and Protective Services, the Texas Health and Human Services Commission, their successor agencies, or the equivalent agencies in other states are exempt from the requirements of §344.300 and §344.302 of this title. However, the chief administrative officer or designee must obtain documentation confirming that the license of the facility or program is in good standing with the licensing entity.(b) For purposes of this section, the term license includes a permit, certificate, approval, registration, or other form of permission required by law.</content><note type="source"><p>Source Note: The provisions of this §344.312 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.320"><num value="344.320">§344.320</num><heading>Criminal History Checks for Position and Departmental Transfers and for Optional Certification</heading><content>(a) The employing department or facility must complete a criminal history check in accordance with §344.300 and §344.302 of this chapter when:(1) an individual who was not previously certified accepts a position requiring certification;(2) a certified officer employed by a department or facility accepts simultaneous or subsequent employment at a department or facility operated by or under contract with a different juvenile board; or(3) the department or facility is seeking certification for a person in a position that allows for optional certification as provided in §344.802 of this chapter.(b) For individuals with a record in the Fingerprint-Based Applicant Clearinghouse of Texas (FACT), the searches may be conducted using the existing fingerprints.</content><note type="source"><p>Source Note: The provisions of this §344.320 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.330"><num value="344.330">§344.330</num><heading>Criminal History Checks for Employees of Private Juvenile Justice Facilities</heading><content>The following provisions apply when a private juvenile justice facility is operating under contract with a governmental entity as required by Sections 51.12, 51.125, and 51.126, Texas Family Code.(1) The juvenile probation department serving the county where the private facility is located is responsible for performing the checks and subscribing to the Fingerprint-Based Applicant Clearinghouse of Texas (FACT), as required under §344.300 of this chapter, for the private facility.(2) The department and the private facility must have a written agreement that:(A) authorizes the private facility to have access to information resulting from the criminal history checks;(B) limits the private facility's use of the information to the purpose for which it is given;(C) requires the private facility to ensure the confidentiality of the information; and(D) provides for sanctions if the private facility violates a requirement in subparagraphs (B) or (C) of this paragraph.(3) The private facility must provide the following information to the department in writing:(A) identifying information necessary for the department to conduct the criminal history checks as required by this chapter; and(B) notification within 10 calendar days after an individual subject to criminal history checks separates from employment, ceases to provide services, or transfers out of a position that requires criminal history checks.(4) The chief administrative officer or designee of the juvenile probation department serving the county where the private facility is located must notify the private facility in writing of the results of each initial criminal history check and each check required for renewal of certification.(5) The department must immediately notify the private facility administrator in writing if the department receives a FACT alert regarding an arrest, conviction, or deferred adjudication for any offense punishable by confinement or imprisonment for an individual who is employed by or provides services at the private facility.</content><note type="source"><p>Source Note: The provisions of this §344.330 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8044.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.350"><num value="344.350">§344.350</num><heading>Background Checks</heading><content>(a) Before making an offer of employment for a position eligible for certification under this chapter, a department or facility must verify that the applicant:(1) has not been designated as ineligible for certification by TJJD;(2) has not had his/her certification revoked;(3) is not currently under an order of active suspension issued by TJJD; and(4) is not currently ineligible to take the certification exam due to repeated failures to pass the exam as described in §344.700 of this title.(b) The verification must be completed using TJJD's certification system.</content><note type="source"><p>Source Note: The provisions of this §344.350 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.360"><num value="344.360">§344.360</num><heading>Disclosure and Review of Applicant's Prior History</heading><content>(a) The department or facility must require every applicant for any position, including employee, contractor, or volunteer, to complete a form promulgated by TJJD that requires the applicant to disclose and provide additional information, if applicable, regarding whether the applicant ever:(1) worked, contracted with, volunteered with, or had an occupational license with a child-serving entity or entity that serves other vulnerable populations, such as elderly persons, persons with disabilities, persons in mental health facilities, or persons who were incarcerated;(2) had their employment, contract, or volunteer status suspended or terminated or occupational license revoked or suspended;(3) had a finding of abuse, neglect, or exploitation made against them; or(4) had their name placed on a "do not hire" or similar registry with an entity that provides services to or regulation of services for children or vulnerable populations.(b) Prior to making an offer to allow an applicant who disclosed information covered by subsection (a)(2), (3), or (4) of this section to begin employment or provide services in a position requiring certification or for which certification is optional and will be sought, the department or facility must:(1) obtain additional information from all entities identified by the disclosures;(2) submit to TJJD's certification office a request for review as provided in §344.370 of this chapter; and(3) receive confirmation from TJJD that the applicant is not prohibited from obtaining a certification.(c) The request for review described in subsection (b) of this section is required only if the department or facility wants to employ, contract with, or accept the individual as a volunteer.(d) Prior to making an offer to allow an applicant who disclosed information covered by subsection (a)(2), (3), or (4) of this section to begin employment or provide services in a position not requiring certification or for which certification is optional but will not be sought, the juvenile board or designee shall review the information received and consider if the person is appropriate to work in the role. If the juvenile board makes a designation under this provision, it must be in writing.(e) A written record of the review conducted in subsection (d) of this section must be maintained, including the name of the person(s) conducting the review, the date of the review, and the final decision.(f) An applicant's failure to disclose the requested information is considered a violation of the Code of Ethics and may result in termination of employment, ineligibility for certification, or revocation of certification.</content><note type="source"><p>Source Note: The provisions of this §344.360 adopted to be effective September 1, 2024, 49 TexReg 5354.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scC/s344.370"><num value="344.370">§344.370</num><heading>Review by TJJD Regarding Eligibility for Certification</heading><content>(a) Upon receipt of the request for review described in §344.360 of this chapter, TJJD will review the submitted information, seek additional information if warranted, and determine if the person should be denied a certification.(b) TJJD shall notify the person of its decision and of the opportunity to appeal that decision to the executive director. The notification shall be in writing. The person shall have 10 calendar days to appeal the decision. The appeal must be in writing and timely received. TJJD may grant an extension at its discretion.(c) Upon receipt of an appeal, the executive director review the matter and determine if the certification should be denied. The executive director's response shall be in writing. The executive director's decision is final and not subject to appeal.</content><note type="source"><p>Source Note: The provisions of this §344.370 adopted to be effective September 1, 2024, 49 TexReg 5354.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scD"><num value="D">SUBCHAPTER D</num><heading>DISQUALIFYING CRIMINAL HISTORY</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scD/s344.400"><num value="344.400">§344.400</num><heading>Disqualifying Criminal History</heading><content>(a) Applicants for Certification. An individual with the following criminal history is not eligible for certification or for employment in a position requiring certification:(1) deferred adjudication or conviction for a felony listed in Texas Code of Criminal Procedure Article 42A.054 (formerly known as "3(g) offenses" under former Article 42.12) or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD), regardless of the date of disposition; or(2) deferred adjudication or conviction for a sexually violent offense as defined in Article 62.001, Texas Code of Criminal Procedure, or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD), regardless of the date of disposition.(b) Other Individuals Subject to Criminal Background Checks. An individual with the criminal history described in subsection (a) of this section is not eligible to serve in a position listed in §344.300(b)(3) of this chapter.(c) General Provisions.(1) Subsection (a)(1) of this section does not apply to individuals certified before February 1, 2018, unless the certification expires.(2) Subsection (a)(1) of this section does not apply to individuals in a position listed in §344.300(b)(3) of this chapter who began service provision before February 1, 2018, with no break in service after that date.(3) Subsection (a)(2) of this section does not apply to individuals certified before the most recent effective date of this section unless the certification expires.(4) Subsection (a)(2) of this section does not apply to individuals in a position listed in §344.300(b)(3) of this chapter who began service provision before the most recent effective date of this section with no break in service after that date.</content><note type="source"><p>Source Note: The provisions of this §344.400 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8045.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scD/s344.410"><num value="344.410">§344.410</num><heading>Other Criminal History</heading><content>(a) Applicants for Certification.(1) An individual with the following criminal history is not eligible for certification, employment, or otherwise providing service in a position requiring certification without prior review and approval by TJJD as provided in §344.420 of this chapter:(A) deferred adjudication or conviction for a felony other than those referenced in §344.400(a) of this chapter or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD) if the date of deferred adjudication or conviction was less than 10 years prior to the date the review is requested; or(B) deferred adjudication or conviction for any Class A or B misdemeanor in Texas or a substantially equivalent violation against the laws of another state or the United States (as determined by TJJD) if the date of deferred adjudication or conviction was less than five years prior to the date the review is requested.(2) Regardless of the date of conviction or deferred adjudication, a review is required if an individual was incarcerated or placed on community supervision for an offense described by paragraph (1) of this subsection and less than one year has elapsed since the completion of any period of incarceration, community supervision, or parole.(3) Regardless of the date of conviction or deferred adjudication, a review is required if an individual has a current requirement to register as a sex offender under Chapter 62, Texas Code of Criminal Procedure, for an offense other than an offense described by §344.400(a) of this chapter.(b) Other Individuals Subject to Criminal Background Check.(1) An individual with the criminal history described in subsection (a) of this section is not eligible to begin serving or continue serving in a position listed in §344.300(b)(3) of this chapter unless the juvenile board or its documented designee has granted an exemption after considering the factors in §344.420 of this chapter.(2) Exemptions may be granted only on a case-by-case basis. The justification for the exemption must be documented.(3) If the department or facility receives notification of a new conviction or deferred adjudication, the individual may not continue serving in the position unless the juvenile board or its documented designee grants a new exemption in accordance with this subsection. An exemption may not be granted for a conviction or deferred adjudication described in §344.400(a) of this chapter.(4) An exemption granted under this subsection is valid for the individual only at the juvenile probation department or facility operated by or under contract with the juvenile board granting the exemption.(5) The exemption is not valid if the person moves to a position requiring certification or if the department or facility seeks certification for the person in a position that allows for optional certification as provided in §344.802 of this chapter; in such cases, prior review and approval from TJJD is required as provided by subsection (a) of this section.</content><note type="source"><p>Source Note: The provisions of this §344.410 adopted to be effective December 30, 2022, 47 TexReg 8045.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scD/s344.420"><num value="344.420">§344.420</num><heading>Review of Criminal History</heading><content>(a) A department or facility must request review from TJJD and receive confirmation from TJJD that approval has been granted before:(1) hiring, contracting with, or otherwise placing a person with a criminal history described by §344.410(a) of this chapter into a position requiring certification; or(2) seeking optional certification as provided in §344.802 of this chapter for a person with a criminal history described by §344.410(a) of this chapter.(b) The purpose of the review by TJJD is to determine whether TJJD will deny a certification for the individual due to ineligibility for certification based on the criminal history. TJJD will conduct the review in accordance with this section.(c) TJJD will first determine if the criminal history offense(s) directly relate to the duties and responsibilities of the position for which certification is required or sought. In making this determination, TJJD will consider:(1) the nature and seriousness of the crime(s);(2) the relationship of the crime(s) to the purposes for requiring a certification to engage in the occupation;(3) the extent to which a certification might offer an opportunity to engage in further criminal activity of the same type as that in which the person was previously involved;(4) the relationship of the crime(s) to the ability or capacity required to perform the duties and discharge the responsibilities of the position; and(5) any correlation between the elements of the crime(s) and the duties and responsibilities of the position.(d) If TJJD determines the criminal history offense(s) do not directly relate to the duties and responsibilities of the position, TJJD will not deny the certification based on the criminal history.(e) If TJJD determines the criminal history offense(s) directly relate to the duties and responsibilities of the position, TJJD will consider the following in determining whether to deny certification:(1) the extent and nature of past criminal activity;(2) the age of the person when each crime was committed;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person before and after the criminal activity;(5) evidence of the person's rehabilitation and rehabilitative effort while incarcerated or after release;(6) evidence of the person's compliance with any conditions of probation, community supervision, parole, or mandatory supervision; and(7) any other evidence of the person's fitness to perform the duties of the position requiring certification, including any letters of recommendation.(f) The individual to be certified is responsible for providing TJJD with the information required by TJJD to make its decision. Failure to timely provide TJJD with requested information may result in a denial of certification.(g) In making its determinations under this section, TJJD will not consider an arrest that did not result in a conviction or placement on deferred adjudication.(h) If TJJD determines that the criminal history will not result in a denial of certification, TJJD will inform the individual and the department or facility, which may then proceed, as appropriate, with hiring, contracting with, or otherwise placing the individual into a position requiring certification or with seeking certification for the individual.(i) If TJJD determines that the criminal history should result in a certification being denied, TJJD will provide the individual with written notice of the reason for the intended denial and will give the individual at least 30 calendar days to submit any relevant information for consideration. The written notice will comport with the requirements in Section 53.0231, Texas Occupations Code. TJJD will provide a copy of the written notice to the administrative officer of the hiring entity.(j) Upon receipt of additional information as provided in subsection (i) of this section, TJJD will conduct an additional review in accordance with this section and will provide its final decision to the individual and to the department or facility that requested the initial review.</content><note type="source"><p>Source Note: The provisions of this §344.420 adopted to be effective December 30, 2022, 47 TexReg 8045.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scD/s344.430"><num value="344.430">§344.430</num><heading>Arrest or Conviction of Current Employees</heading><content>(a) This section applies to individuals employed by, under contract with, or otherwise providing services at a department or facility who are certified or for whom the department or facility is seeking certification, whether they are serving in a position requiring certification or in a position for which certification is optional under §344.802 of this chapter.(b) If a department or facility receives notification that an individual to whom this section applies has been arrested for criminal conduct described in §344.400(a) or §344.410(a) of this chapter, the department or facility must notify TJJD's certification office in writing no later than 10 calendar days after receiving notice of the arrest. The department or facility must provide information regarding the circumstances of the arrest and respond to any questions from TJJD regarding the arrest.(c) If a department or facility receives notification that an individual to whom this section applies has been convicted of or placed on deferred adjudication for criminal conduct described in §344.400(a) or §344.410(a) of this chapter, the department or facility must:(1) remove the person from the position requiring certification and from any position allowing the person unsupervised access to juveniles; and(2) notify TJJD's certification office in writing no later than 10 calendar days after receiving such notice. The department or facility must provide information regarding the conviction or deferred adjudication and respond to any questions from TJJD regarding the disposition.(d) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in §344.400(a) of this chapter, TJJD will:(1) deny certification if the person is not yet certified; or(2) revoke certification if the person is certified.(e) Upon receipt of a notification under subsection (c) of this section for criminal conduct described in §344.410(a) of this chapter, TJJD will conduct the review described in §344.420 to determine if certification should be denied if the person is not yet certified or if certification should be revoked or suspended if the person is certified.(f) Notwithstanding subsection (d) of this section, TJJD will revoke or deny certification if the individual is imprisoned following a felony conviction, revocation of community supervision, revocation of probation, or revocation of mandatory supervision.</content><note type="source"><p>Source Note: The provisions of this §344.430 adopted to be effective December 30, 2022, 47 TexReg 8045.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scE"><num value="E">SUBCHAPTER E</num><heading>TRAINING AND CONTINUING EDUCATION</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.600"><num value="344.600">§344.600</num><heading>Training Hours Required for Certification</heading><content>(a) To be eligible for certification, an individual must have received the following number of training hours:(1) a minimum of 80 hours of training, including training in topics described in §344.620 of this title, for certification as a juvenile probation officer;(2) a minimum of 80 hours of training, including training in topics described in §344.622 and §344.624 of this title, for certification as a juvenile supervision officer; or(3) a minimum of 40 hours of training, including training in topics described in §344.626 of this title, for certification as a community activities officer.(b) To be eligible for credit, training must have been received within 18 months prior to the date the application for certification is submitted to TJJD.</content><note type="source"><p>Source Note: The provisions of this §344.600 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.610"><num value="344.610">§344.610</num><heading>Relevance of Training and Standardized Curriculum</heading><content>(a) Training must be relevant to the knowledge and skills required in the performance of the officer's job duties to qualify for certification or continuing education credit.(b) Training in the mandatory exam topics listed in §344.620 and §344.622 of this title must be conducted by training providers who:(1) have successfully completed TJJD-sponsored training for trainers in the curriculum; or(2) are qualified by relevant knowledge, education, and/or experience to train the topic.(c) The standardized curriculum provided by TJJD must be used in the provision of training on the mandatory exam topics listed in §344.620 and §344.622 of this title.(d) TJJD may refuse to grant credit for training hours that do not comply with this section.</content><note type="source"><p>Source Note: The provisions of this §344.610 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.620"><num value="344.620">§344.620</num><heading>Mandatory Training Topics for Certification Exam for Juvenile Probation Officers</heading><content>(a) Successful completion of the certification exam is required prior to performing the duties of a certified juvenile probation officer.(b) The certification exam for juvenile probation officers is based on the following mandatory training topics:(1) role of the probation officer;(2) risk and needs assessment, responsivity, case planning, and case management;(3) recognizing and supervising youth with mental health issues;(4) officer safety and mechanical restraints;(5) Texas Family Code Title 3 (Juvenile Justice Code) and related laws;(6) legal liabilities;(7) dispositional recommendations and courtroom proceedings; (8) TJJD code of ethics and TJJD disciplinary procedures;(9) preventing, identifying, and reporting abuse, neglect, and exploitation;(10) purpose and goals of the Prison Rape Elimination Act;(11) suicide prevention and intervention;(12) trauma-informed care;(13) adolescent development and behavior;(14) human trafficking; and(15) mental health screening instrument.</content><note type="source"><p>Source Note: The provisions of this §344.620 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 1, 2025, 50 TexReg 6331.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.622"><num value="344.622">§344.622</num><heading>Mandatory Training Topics for Certification Exam for Juvenile Supervision Officers</heading><content>(a) In addition to the training requirements listed in §344.624 of this title, successful completion of the certification exam is required before a juvenile supervision officer may provide supervision of juveniles and count in any staff-to-juvenile ratio.(b) The certification exam for juvenile supervision officers is based on the following mandatory training topics:(1) juvenile rights;(2) Texas Family Code Title 3 (Juvenile Justice Code) and related laws;(3) preventing, identifying, and reporting abuse, neglect, and exploitation;(4) purpose and goals of the Prison Rape Elimination Act;(5) suicide prevention and intervention;(6) legal liabilities;(7) recognizing and supervising youth with mental health issues;(8) adolescent development and behavior;(9) HIV/AIDS and other communicable diseases;(10) TJJD code of ethics and TJJD disciplinary procedures; (11) trauma-informed care;(12) human trafficking; and(13) mental health screening instrument.</content><note type="source"><p>Source Note: The provisions of this §344.622 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 1, 2025, 50 TexReg 6331.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.624"><num value="344.624">§344.624</num><heading>Additional Training Requirements for Certification as a Juvenile Supervision Officer</heading><content>To be eligible for certification, juvenile supervision officers must:(1) receive training and maintain current certification in the following areas:(A) cardiopulmonary resuscitation (CPR);(B) first aid; and(C) the personal restraint technique used by the department or facility; and(2) receive training in each of the following topics as it relates to the duties of a juvenile supervision officer:(A) suicide prevention policies, including the suicide prevention plan in residential facilities;(B) the policies of the facility or program related to preventing, identifying, and reporting abuse, neglect, and exploitation;(C) verbal de-escalation policies, procedures, and practices;(D) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use;(E) resident supervision, including juvenile behavior observation and documentation requirements;(F) behavior management, including the juvenile discipline plan and safety-based seclusion;(G) resident-initiated separation;(H) facility safety and security policies;(I) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;(J) fire safety plan, including fire drill procedures;(K) non-fire emergency and evacuation procedures;(L) recognizing and responding to mental health needs of juveniles;(M) juvenile grievance procedures;(N) confidentiality of juvenile information;(O) transportation of juveniles; and(P) searches of juveniles.</content><note type="source"><p>Source Note: The provisions of this §344.624 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.626"><num value="344.626">§344.626</num><heading>Required Training Topics for Community Activities Officers</heading><content>To be eligible for certification, community activities officers must:(1) receive training and maintain current certification in:(A) cardiopulmonary resuscitation (CPR);(B) first aid; and(C) the personal restraint technique used by the department, if the department authorizes community activities officers to use personal restraints; and(2) receive training in the following topics:(A) the policies of the department related to preventing, identifying, and reporting abuse, neglect, and exploitation;(B) TJJD code of ethics and TJJD disciplinary procedures;(C) trauma-informed care;(D) verbal de-escalation policies, procedures, and practices; and(E) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use.</content><note type="source"><p>Source Note: The provisions of this §344.626 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.630"><num value="344.630">§344.630</num><heading>On-the-Job Training</heading><content>(a) To be eligible for credit toward initial certification and renewal of certification, documentation of an on-the-job training program must include the following elements, at a minimum:(1) name and signature of the trainee;(2) name and signature of the trainer(s);(3) signature of the supervisor/administrator;(4) training topics;(5) number of training hours for each topic; and(6) dates the topics were explained to the trainee, practiced by the trainee, and demonstrated by the trainee.(b) Staff members who provide on-the-job training must be qualified to do so based on knowledge, education, and/or experience.(c) For juvenile probation officers and juvenile supervision officers, a maximum of 40 hours of on-the-job training may be used to meet the initial certification or continuing education requirement in a certification period.(d) For community activities officers, a maximum of 20 hours of on-the-job training may be used to meet the initial certification or continuing education requirement in a certification period.</content><note type="source"><p>Source Note: The provisions of this §344.630 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.640"><num value="344.640">§344.640</num><heading>Continuing Education Requirements for Maintaining Certification</heading><content>(a) To maintain an active certification:(1) a juvenile probation officer must complete 60 hours of continuing education within the certification period;(2) a juvenile supervision officer must complete 80 hours of continuing education within the certification period; and(3) a community activities officer must complete 40 hours of continuing education within the certification period.(b) For juvenile supervision officers, continuing education received during each certification period must include:(1) suicide prevention policies, including the suicide prevention plan in residential facilities;(2) training necessary to maintain current certification in CPR, first aid, and the approved personal restraint technique;(3) preventing, identifying, and reporting abuse, neglect, and exploitation;(4) verbal de-escalation policies, procedures, and practices; and(5) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use.(c) For community activities officers, continuing education received during each certification period must include:(1) training necessary to maintain current certification in CPR and first aid;(2) training necessary to maintain current certification in the department's personal restraint technique, if the department authorizes community activities officers to use personal restraints;(3) preventing, identifying, and reporting abuse, neglect, and exploitation;(4) verbal de-escalation policies, procedures, and practices; and(5) standards regarding use of personal and mechanical restraints, including prohibited techniques and criteria for use.(d) For chief administrative officers and facility administrators, continuing education must include a minimum of 20 hours of management topics. This requirement does not apply to the certification period during which an individual is appointed as a chief administrative officer or facility administrator.(e) A maximum of 20 hours of continuing education that exceeds the minimum requirement in a certification period may be applied to the next certification period.(f) Documentation of the required continuing education must be submitted to TJJD through TJJD's certification system no later than the last day of the certification period.(g) Requirements in subsection (a) of this section also apply in cases in which an officer's certification becomes inactive but is later reactivated within the same certification period.</content><note type="source"><p>Source Note: The provisions of this §344.640 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.660"><num value="344.660">§344.660</num><heading>Approval and Review of Training and Continuing Education</heading><content>(a) To be eligible for credit, training or continuing education must be:(1) relevant, which means it is related to job responsibilities, the field of juvenile justice, or fields of study approved by TJJD;(2) organized, which means it is based on documentation that includes specified learning objectives, training methods, and evaluation techniques; and(3) planned, which means it is scheduled and conducted in a predetermined location.(b) To be eligible for credit, training or continuing education provided by the department or facility must:(1) meet the criteria in subsection (a) of this section; and(2) be evaluated, which means participants are provided an opportunity to provide written feedback and/or participants are tested (written or demonstrated) to measure the transfer of knowledge.(c) TJJD may, on a case-by-case basis, approve events for credit that do not meet the requirements in subsection (a) or (b) of this section.(d) Training and continuing education topics must be approved by TJJD in order to count toward the requirements of this chapter. A department or facility may request advance approval of a training or continuing education topic by contacting the TJJD certification office.(e) A department or facility may request a review of TJJD's decision not to approve a topic. In support of the request, the department or facility must describe how the topic relates to the job duties and responsibilities of the officer. TJJD may request additional documentation to evaluate the appropriateness of the topic.</content><note type="source"><p>Source Note: The provisions of this §344.660 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.670"><num value="344.670">§344.670</num><heading>Training Methods and Limitations</heading><content>(a) Limitations on Topics.(1) Repetitive Training.(A) Credit will not be granted more than twice in a certification period for training that is duplicative in nature, except as noted in subparagraphs (B) and (C) of this paragraph.(B) If an officer is concurrently employed by more than one department or facility or has transferred to a new department or facility within a certification period, credit for a training topic may be granted up to four times in a certification period.(C) For juvenile supervision officers and community activities officers, credit for a training topic may be granted one additional time if:(i) the topic is one of the topics required during each certification period as listed in §344.640 of this chapter; and(ii) training hours for the topic have been carried over from the prior certification period as allowed by §344.640 of this chapter.(2) Review of Policy and Procedure. A review of the policies and procedures of the department or facility is not eligible for credit unless documentation reflects that the review meets the requirements in §344.660(a) of this chapter.(3) Meetings. Meetings, including staff meetings, are not considered a training activity unless supporting documentation indicates that all or part of the meeting meets the requirements in §344.660(a) of this chapter. If only a portion of the meeting meets the requirements in §344.660(a) of this chapter, credit may be awarded only for that portion of the meeting.(4) Review of Employee Benefits. A review of employment-related benefits and plans is not eligible for credit unless:(A) the officer is a supervisor and the review relates to supervisory duties or is being provided as part of a formal leadership development program; and(B) the review meets the requirements in §344.660(a) of this chapter.(5) Firearms Training. Training required under §341.808 of this chapter relating to carrying a firearm in the course of an officer's official duties is not eligible for credit toward continuing education requirements in this chapter.(b) Limitations on Training Methods. The hour limitations in this section apply to training received within a certification period.(1) There is no limitation on the number of hours that may be obtained from live training. Live training includes in-person training and online training in which the presenter and the person claiming credit appear at the same time and have the ability to interact, either verbally or in writing.(2) There is no limitation on the number of hours that may be obtained from watching pre-recorded training if the training is provided by, sponsored by, or co-sponsored by TJJD. Pre-recorded training includes recordings of live interactive trainings as well as recordings of trainings that were not interactive.(3) For juvenile probation officers and juvenile supervision officers, a maximum of 20 hours of pre-recorded training other than pre-recorded training described in paragraph (2) of this subsection may be eligible for credit.(4) For community activities officers, a maximum of 10 hours of pre-recorded training other than pre-recorded training described in paragraph (2) of this subsection may be eligible for credit.(5) A maximum of 40 hours may be eligible for credit for successful completion of one or more college courses in topics relevant to the officer's job duties. A course must be provided by a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board. TJJD determines on a case-by-case basis whether credit is granted for the course and the number of hours approved for credit.(c) Limitations on Credit for Development and Delivery of Training.(1) A training provider may claim a maximum of 20 hours in a certification period for the time spent delivering training.(2) An individual who develops training curriculum may claim a maximum of 20 hours in a certification period for the time spent developing the curriculum.(3) Credit under this subsection is allowed only for the topics listed in §§344.620, 344.622, 344.624, and 344.626 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §344.670 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective May 1, 2023, 48 TexReg 1961.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.680"><num value="344.680">§344.680</num><heading>Documentation</heading><content>(a) Documentation of all training used for certification must be maintained for monitoring purposes until the end of the current certification period plus two years, at a minimum. This retention requirement does not supersede any requirement in any other rule, statute, or local policy that requires a longer retention period.(b) Documentation may include training curricula, sign-in sheets, agendas, certificates of completion, correspondence from the instructor, registration receipts, and/or exam results.(c) Upon request, a department or facility must submit training records to a department or facility in which an officer has obtained subsequent or concurrent employment.</content><note type="source"><p>Source Note: The provisions of this §344.680 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scE/s344.690"><num value="344.690">§344.690</num><heading>Credit for Training Hours for Military Service Members, Spouses, and Veterans</heading><content>(a) This section applies only to a person who is a military service member, military veteran, or military spouse as those terms are defined in Chapter 55, Occupations Code, and who:(1) holds a current license issued by another jurisdiction with licensing requirements that are substantially similar to TJJD's certification requirements for a juvenile supervision officer or community activities officer, as determined by TJJD; or(2) held a certification from TJJD as a juvenile supervision officer or community activities officer that was active within the five years preceding the person's most recent employment in a position requiring or otherwise eligible for certification.(b) As provided by this section, TJJD may grant credit toward the training hours required in §344.600 to persons described by subsection (a) of this section. Any credit granted will be based on the person's verified military service, training, or education that is directly relevant to the position for which certification is sought.(c) No credit may be given for topics required by §§344.620, 344.622, 344.624, or 344.626.(d) The department or facility that employs a person described by subsection (a) of this section may submit an application to TJJD for possible credit. TJJD will consider the person's experience and training to determine if credit should be granted and, if so, how much.(e) An individual to whom this section applies is also eligible to receive credit as otherwise provided by this chapter, as applicable.</content><note type="source"><p>Source Note: The provisions of this §344.690 adopted to be effective September 1, 2024, 49 TexReg 5354.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scF"><num value="F">SUBCHAPTER F</num><heading>CERTIFICATION EXAM</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scF/s344.700"><num value="344.700">§344.700</num><heading>Certification Exam</heading><content>(a) To be eligible for certification as a juvenile probation officer or juvenile supervision officer, an individual must pass the certification exam required by TJJD.(b) Before taking the exam, the individual must complete the training required in §344.620 or §344.622 of this title, as applicable.(c) The department or facility employing the individual must either pay any required exam fee or require the individual to pay the fee.(d) A score of 70% or higher is required to pass the exam.(e) An individual is allowed three attempts to pass the exam, except as provided in subsections (f) and (g) of this section.(f) An individual who has not passed the exam after three attempts may not take the exam again until:(1) 180 days have elapsed since the date the individual last took the exam; and(2) the individual has repeated the training topics required in §344.620 or §344.622 of this title after the date the individual last took the exam. Credit toward certification is granted only for the training hours in those topics that are completed after the date the individual last failed the exam.(g) An individual who is dismissed from an exam for cheating or otherwise failing to follow exam rules provided by TJJD is not eligible to take the exam again or be certified. If an individual is dismissed for cheating or otherwise failing to follow exam rules provided by TJJD while taking the exam at a department or facility, the department or facility must notify TJJD's certification office in writing within one business day.(h) Except as provided in subsection (i) of this section, the requirements of this subchapter apply to individuals who:(1) do not currently hold a certification as a juvenile probation officer and who begin employment as a juvenile probation officer on or after September 1, 2016; or(2) do not currently hold a certification as a juvenile supervision officer and who begin employment as a juvenile supervision officer on or after September 1, 2017.(i) This subchapter does not apply to an individual whose certification has expired if less than six months has elapsed between the date of the expiration and the date the individual submits an application for the same certification.(j) A department or facility that proctors the certification exam must ensure the proctor complies with TJJD's proctoring agreement.</content><note type="source"><p>Source Note: The provisions of this §344.700 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c344/scG"><num value="G">SUBCHAPTER G</num><heading>CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.800"><num value="344.800">§344.800</num><heading>Positions Requiring Certification</heading><content>(a) Chief administrative officers must maintain an active certification as a juvenile probation officer.(b) Facility administrators must maintain an active certification as a juvenile supervision officer.(c) Supervisors in the direct chain of supervision over juvenile probation officers must maintain an active certification as a juvenile probation officer.(d) Supervisors in the direct chain of supervision over juvenile supervision officers must be certified as a juvenile probation officer and/or juvenile supervision officer.(e) Supervisors in the direct chain of supervision over community activities officers must maintain an active certification as one or more of the following: juvenile probation officer, juvenile supervision officer, or community activities officer.(f) Juvenile probation officers, including any staff member whose position may require temporarily performing the duties of a juvenile probation officer, must maintain an active certification as a juvenile probation officer.(g) Juvenile supervision officers, including any staff member whose position may require temporarily performing the duties of a juvenile supervision officer, must maintain an active certification as a juvenile supervision officer.(h) An individual who is employed by a juvenile justice program and whose position may require supervising juveniles in a non-secure setting within a juvenile justice program must maintain an active certification as a community activities officer, except as noted in subsection (i) of this section.(i) Juvenile probation officers and juvenile supervision officers, as defined by this chapter, do not require certification as a community activities officer.(j) Nothing in this chapter is intended to require professionals who are providing services in their professional capacity to obtain certification from TJJD. For purposes of this chapter, providing services in a professional capacity is not considered supervising juveniles.</content><note type="source"><p>Source Note: The provisions of this §344.800 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.802"><num value="344.802">§344.802</num><heading>Positions Eligible for Optional Certification</heading><content>(a) The following individuals may be certified as a juvenile probation officer, juvenile supervision officer, and/or community activities officer if they meet the criteria for certification:(1) quality assurance staff; and(2) trainers of individuals in positions requiring certification.(b) The individuals listed in subsection (a) of this section are the only individuals other than those listed in §344.800 of this title who may be certified by TJJD.</content><note type="source"><p>Source Note: The provisions of this §344.802 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.804"><num value="344.804">§344.804</num><heading>Dual Certification</heading><content>(a) Individuals may hold more than one certification by TJJD if they meet all criteria required for each certification and their job duties are consistent with all certifications held, except as noted in subsection (b) of this section.(b) An individual may not hold an active certification as a juvenile supervision officer and as a community activities officer unless the individual is concurrently employed by more than one department or facility.(c) Training received may be used for credit toward more than one type of TJJD-issued certification if the topic is relevant to each certification sought or held.(d) An individual who has an active certification as a juvenile supervision officer or juvenile probation officer who has previously completed a mandatory training topic listed in §344.620 of this chapter (relating to Mandatory Training Topics for Certification Exam for Juvenile Probation Officers) or §344.622 of this chapter (relating to Mandatory Training Topics for Certification Exam for Juvenile Supervision Officers), as applicable, is not required to complete training in that topic again in order to receive a dual certification as a juvenile supervision officer or juvenile probation officer. However, the person may not receive credit toward the training hours required for the second certification for training completed more than 18 months prior to the date the application for the second certification is submitted to TJJD.</content><note type="source"><p>Source Note: The provisions of this §344.804 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective December 30, 2022, 47 TexReg 8046; amended to be effective September 1, 2025, 50 TexReg 3919.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.850"><num value="344.850">§344.850</num><heading>Continued Employment in a Position Eligible for Certification</heading><content>(a) To maintain an active certification under this chapter, a certified officer must be employed:(1) by a governmental unit or by a private provider under a contract with a governmental unit; and(2) in a position eligible for certification.(b) Upon receiving notification from the employer of the individual's resignation, termination from employment, or transfer into a position not eligible for certification, TJJD places the officer's certification on inactive status.</content><note type="source"><p>Source Note: The provisions of this §344.850 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.860"><num value="344.860">§344.860</num><heading>Certification Process</heading><content>(a) Submission of Applications. All certification applications must be submitted through TJJD's certification system.(b) Training Record. The department or facility must use TJJD's certification system to record training received by individuals seeking certification.(c) Deadline for Submission of Application. The certification application must be submitted to TJJD no more than 180 calendar days after the date of initial employment.(1) An individual whose application for certification has not been submitted within this time frame:(A) may not perform the duties of a certified officer;(B) may not count toward any staff-to-juvenile ratio; and(C) may begin performing the duties of a certified officer and count toward staff-to-juvenile ratios only after the application has been approved by TJJD.(2) Part-time staff are allowed an additional 90 days to complete the required training.(d) Criminal History Checks. A certification application must include verification that the applicant for certification currently meets the criminal history standards set forth in this chapter.(e) Approval of Applications.(1) TJJD reviews information contained in an application to determine eligibility for certification.(2) TJJD may request additional information or documentation when reviewing an application. The department or facility must respond to such requests within 14 calendar days. If the department or facility fails to respond within 14 calendar days, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio.(f) Denial of Certification. Any individual whose application is denied because TJJD has determined a certification will not be granted may not perform the duties of a certified officer or be employed in any position requiring certification.</content><note type="source"><p>Source Note: The provisions of this §344.860 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.862"><num value="344.862">§344.862</num><heading>Expiration of Certification</heading><content>(a) Certifications issued by TJJD expire upon failure to submit a renewal application before the end of the certification period plus any applicable grace period or extension.(b) A certification period is the 24-month period that starts on the first day of the month following the officer's birth month and ends on the last day of the officer's birth month.(c) The first certification period also includes the time between the date of certification and the officer's next birth month.(d) The grace period is the one-month period following the end of an officer's certification period.(e) Extensions may be granted in accordance with §344.870 of this title.(f) An officer whose certification is expired:(1) may not perform the duties of a certified officer;(2) may not count toward any staff-to-juvenile ratio; and(3) may begin performing the duties of a certified officer and count toward staff-to-juvenile ratios only after a new application for certification has been approved by TJJD.</content><note type="source"><p>Source Note: The provisions of this §344.862 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.864"><num value="344.864">§344.864</num><heading>Certification Renewal Process</heading><content>(a) Submission of Renewal Applications. All applications for renewal must be submitted through TJJD's certification system.(b) Training Documentation. The department or facility must use TJJD's certification system to document continuing education received by individuals seeking a certification renewal.(c) Criminal History Checks. A certification renewal application must include verification that the applicant for certification currently meets the criminal history standards set forth in this chapter.(d) Deadline for Submission of Renewal Application.(1) Renewal applications:(A) must be submitted before the end of an officer's certification period; and(B) may not be submitted earlier than 30 days before the end of the officer's certification period.(2) If an application to renew an officer's certification has not been submitted by the end of the officer's certification period plus any applicable grace period or extension, the officer's certification expires.(e) Approval of Applications.(1) TJJD reviews information contained in a renewal application to determine whether the officer has met the requirements to be granted a renewed certification.(2) TJJD may request additional information or documentation when reviewing an application. The department or facility must respond to such requests within 14 calendar days. If the department or facility fails to respond within 14 calendar days, the officer is ineligible to perform the duties of a certified officer and may not count in any staff-to-juvenile ratio.(f) Denial of Applications. Any individual whose application is denied because TJJD has determined a certification renewal will not be granted may not perform the duties of a certified officer or be employed in any position requiring certification.</content><note type="source"><p>Source Note: The provisions of this §344.864 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.866"><num value="344.866">§344.866</num><heading>Certification Status</heading><content>(a) Active. A status that indicates a certified officer meets the current requirements of certification as set forth in this chapter and is eligible to perform the duties of a juvenile probation officer, juvenile supervision officer, and/or community activities officer, as applicable.(b) Inactive. A status that indicates an officer's certification has not expired but the officer is ineligible to perform the duties of a certified officer because:(1) the officer is no longer employed in a position that either requires or is eligible for the certification held;(2) the officer has been convicted of a disqualifying criminal offense; or(3) the officer's application for certification or renewal of certification is determined by TJJD to contain deliberately false or misleading information.(c) Expired. A status that indicates an application to renew or reactivate a certification has not been submitted before the end of the grace period or any applicable extension.(d) Suspended. A status that indicates an officer's certification is actively suspended and the officer is no longer eligible for employment in a position requiring certification. If the officer's certification is suspended for failure to pay child support under Section 232.003, Texas Family Code, the suspension remains in effect until TJJD receives an order staying or vacating the suspension.(e) Revoked. A status that indicates an officer's certification has been permanently revoked by TJJD and that the officer is no longer eligible for employment or certification as a juvenile probation officer, juvenile supervision officer, or community activities officer. An individual who has had his/her certification revoked is not eligible for any future certification.(f) Voluntarily Relinquished. A status that indicates an officer has voluntarily relinquished his/her certification as provided in §344.884 of this chapter.(g) Provisional. A status that indicates an individual has been hired into a position requiring certification but has not yet been certified.(h) Ineligible.(1) A status that indicates an individual who was never certified is ineligible for certification as a result of conduct that occurred:(A) while the person had a provisional certification;(B) while the person was employed by or under contract with the Texas Juvenile Justice Department; or(C) prior to either time described in subparagraph (A) or (B) of this paragraph if the conduct was unknown to TJJD.(2) Prior to being designated as ineligible for certification, the person will be offered the same due process as a person for whom revocation or active or probated suspension of certification is sought.</content><note type="source"><p>Source Note: The provisions of this §344.866 adopted to be effective February 1, 2018, 42 TexReg 5688; amended to be effective September 1, 2024, 49 TexReg 5354.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.868"><num value="344.868">§344.868</num><heading>Change from Inactive to Expired Certification</heading><content>An inactive certification will expire on the date this section takes effect if the deadline for submitting an application for certification renewal has passed.</content><note type="source"><p>Source Note: The provisions of this §344.868 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.870"><num value="344.870">§344.870</num><heading>Request for Extension of Renewal Deadline</heading><content>(a) Upon request, TJJD may grant an extension of the deadline for certification renewal if TJJD determines there is good cause to do so. Examples of good cause may include, but are not limited to, extended periods of absence covered by the Family and Medical Leave Act (FMLA) or workers' compensation laws.(b) A certified officer on military leave will be granted an extension for an amount of time equal to the period of military leave, up to a maximum of 24 months.(c) If an officer does not satisfy all requirements necessary to maintain an active certification by the end of the extension period, the officer's certification expires.</content><note type="source"><p>Source Note: The provisions of this §344.870 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.874"><num value="344.874">§344.874</num><heading>Separation from Employment and Transfer from a Certified to a Non-Certified Position</heading><content>(a) The department or facility must notify TJJD's certification office in writing or through TJJD's certification system within 10 calendar days after any of the following events:(1) the resignation or termination of a certified officer; and/or(2) the transfer of a certified officer to a position neither requiring certification nor eligible for certification.(b) The department or facility must notify TJJD's certification office in writing of the resignation or termination of an individual who was an authorized user of any TJJD web-based computer application as soon as possible but no later than one business day after the individual is separated from employment. Upon receipt of notice, TJJD will remove the separated employee's user authorization.</content><note type="source"><p>Source Note: The provisions of this §344.874 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.876"><num value="344.876">§344.876</num><heading>Duty to Keep Certified Officers' Addresses Current</heading><content>A department or facility must ensure TJJD's certification system reflects the last known address of each certified officer employed by the department or facility.</content><note type="source"><p>Source Note: The provisions of this §344.876 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.878"><num value="344.878">§344.878</num><heading>Duty to Notify TJJD of Address Changes</heading><content>A certified officer who separates from employment with a department or facility must notify TJJD's certification office of all address changes occurring after separation from employment until the certification expires or is reactivated, revoked, or voluntarily relinquished.</content><note type="source"><p>Source Note: The provisions of this §344.878 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.880"><num value="344.880">§344.880</num><heading>Reactivation, Restoration, or Transfer of Certification Records</heading><content>(a) If an individual with an inactive or expired certification is hired in a position requiring certification, the employing department or facility must request through TJJD's certification system that the individual's record be reactivated (if inactive) or restored (if expired). If the individual was most recently employed as a certified officer by a different department or facility, the employing department or facility must also request through TJJD's certification system that the individual's certification record be transferred.(b) When a certification is reactivated or restored or a record is transferred, all criminal history checks set forth in Subchapter C of this chapter apply. The request for reactivation, restoration, or transfer must include verification that all required criminal history checks have been completed.(c) When reactivating an inactive certification, the continuing education requirements set forth in §344.640 of this title apply.(1) All training received during the current certification period may be used to meet the continuing education requirements in §344.640 of this title.(2) The individual may receive credit for training received during a period of inactive certification. All rules in this chapter regarding relevance and documentation of the training apply.(d) When an individual with an expired certification has his/her record restored, an application for a new certification must be submitted and all training requirements in §344.600(a) and (b) of this title apply.(1) For certifications that have been expired for less than six months when the application for certification is submitted, all eligible training received during the previous certification period may be used to meet the training requirements.(2) For certifications that have been expired for six months or more when the application for certification is submitted, all eligible training received within the 18 months prior to the date the application for certification is submitted to TJJD may be used to meet the training requirements.(e) When an individual with an expired juvenile probation officer or juvenile supervision officer certification applies for the same type of certification six months or more after his/her certification expired, certification exam requirements in §344.700 of this title apply.</content><note type="source"><p>Source Note: The provisions of this §344.880 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c344/scG/s344.884"><num value="344.884">§344.884</num><heading>Voluntary Relinquishment of Certification</heading><content>(a) A certified officer may submit to TJJD's certification office a signed, notarized request to voluntarily relinquish his/her certification for any reason. TJJD may accept or deny the request.(b) An individual who has voluntarily relinquished his/her certification may or may not be eligible for future certification, as determined solely by TJJD.(c) A certification that has been voluntarily relinquished may not be reactivated. If future certification is sought, the individual must comply with initial certification requirements as set forth in this chapter.</content><note type="source"><p>Source Note: The provisions of this §344.884 adopted to be effective February 1, 2018, 42 TexReg 5688.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c345"><num value="345">CHAPTER 345</num><heading>JUVENILE JUSTICE PROFESSIONAL CODE OF ETHICS FOR CERTIFIED OFFICERS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c345/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS AND APPLICABILITY</heading><section identifier="/us/state/tx/tac/t37/p11/c345/scA/s345.100"><num value="345.100">§345.100</num><heading>Definitions</heading><content>The following terms, as used in this chapter, have the following meanings unless otherwise expressly defined within the chapter.(1) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program, including a prevention and intervention program, regardless of age.(2) Juvenile Justice Facility ("facility")--a facility that is registered by TJJD pursuant to Sections 51.12, 51.125, or 51.126, Family Code.(3) Juvenile Justice Professional--A person who is: (A) certified by TJJD as a juvenile probation officer, community activities officer, or juvenile supervision officer; or (B) employed by, contracting with, or volunteering with a department, program, or facility or a non-juvenile justice contract facility.(4) Juvenile Justice Program ("program")--Has the meaning assigned by §344.100 of this title.(5) Juvenile Probation Department ("department")--Has the meaning assigned by §344.100 of this title.(6) Non-Juvenile Justice Contract Facility--A facility in which a juvenile is placed pursuant to a contract with a department, program, facility, or juvenile board, other than a facility registered with TJJD.(7) TJJD--The Texas Juvenile Justice Department.</content><note type="source"><p>Source Note: The provisions of this §345.100 adopted to be effective March 1, 2010, 35 TexReg 1287; amended to be effective July 15, 2014, 39 TexReg 5196; amended to be effective September 1, 2025, 50 TexReg 2613.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c345/scA/s345.110"><num value="345.110">§345.110</num><heading>Applicability</heading><content>(a) Unless otherwise noted, this code of ethics applies to all juvenile justice professionals.(b) The code of ethics is intended to ensure that juvenile justice professionals adhere to the level of professionalism required by TJJD as the licensing agency issuing the certification.</content><note type="source"><p>Source Note: The provisions of this §345.110 adopted to be effective March 1, 2010, 35 TexReg 1287; amended to be effective July 15, 2014, 39 TexReg 5196.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c345/scB"><num value="B">SUBCHAPTER B</num><heading>POLICY AND PROCEDURE</heading><section identifier="/us/state/tx/tac/t37/p11/c345/scB/s345.200"><num value="345.200">§345.200</num><heading>Policy and Procedure</heading><content>Department, programs, and facilities must adopt and implement written policies and procedures to ensure that all code of ethics violations are reported to: (1) the administration of the department, program, or facility; and (2) TJJD.</content><note type="source"><p>Source Note: The provisions of this §345.200 adopted to be effective March 1, 2010, 35 TexReg 1287; amended to be effective July 15, 2014, 39 TexReg 5196; amended to be effective September 1, 2025, 50 TexReg 2613.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c345/scC"><num value="C">SUBCHAPTER C</num><heading>CODE OF ETHICS</heading><section identifier="/us/state/tx/tac/t37/p11/c345/scC/s345.300"><num value="345.300">§345.300</num><heading>Adherence and Reporting Violations</heading><content>(a) To ensure the safety, protection, and welfare of the juveniles and families served by the juvenile justice system, juvenile justice professionals must adhere to the code of ethics set forth in this chapter.(b) Juvenile justice professionals must report any unethical behavior or violations of the code of ethics to TJJD and the administration of the department, program, facility, or non-juvenile justice contract facility where the juvenile justice professional is an employee, volunteer, or contractor.</content><note type="source"><p>Source Note: The provisions of this §345.300 adopted to be effective March 1, 2010, 35 TexReg 1287; amended to be effective July 15, 2014, 39 TexReg 5196; amended to be effective September 1, 2025, 50 TexReg 2613.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c345/scC/s345.310"><num value="345.310">§345.310</num><heading>Code of Ethics</heading><content>(a) The people of Texas expect juvenile justice professionals to exhibit honesty and respect for the dignity and individuality of human beings and display a commitment to professional and compassionate service.(b) In accordance with Chapter 349 of this title, TJJD may take disciplinary action against a certification of or deny a certification to a juvenile justice professional who is found by TJJD to have violated the code of ethics. (c) Juvenile justice professionals must adhere to the following code of ethics principles:(1) Juvenile justice professionals must:(A) abide by all federal laws, federal guidelines and rules, state laws, and TJJD administrative rules;(B) respect the authority and follow the directives of the juvenile court and governing juvenile board;(C) respect and protect the legal rights of all juveniles and their parents and/or guardians;(D) serve each child with concern for the child's welfare and with no expectation of personal gain;(E) respect the significance of all elements of the justice and human services systems and cultivate professional cooperation with each segment;(F) respect and consider the right of the public to be safeguarded from the effects of juvenile delinquency;(G) be diligent in their responsibility to record and make available for review any and all information that could contribute to sound decisions affecting a child or public safety;(H) report without reservation any corrupt or unethical behavior that could affect a juvenile or the integrity of the juvenile justice system;(I) maintain the integrity and confidentiality of juvenile information, not seek more information than needed to perform their duties, and not reveal information to any person who does not have authorized access to the information for a proper, professional use; and(J) treat all juveniles and their families with courtesy, consideration, and dignity.(2) Juvenile justice professionals must not:(A) use their official position to secure privileges or advantages;(B) permit personal interest to impair the impartial and objective exercise of professional responsibilities;(C) accept gifts, favors, or other advantages that could give the appearance of impropriety or impair the impartial and objective exercise of professional responsibilities;(D) maintain or give the appearance of maintaining an inappropriate relationship with a juvenile, including, but not limited to, bribery or solicitation or acceptance of gifts, favors, or services from juveniles or their families;(E) discriminate against any employee, juvenile, parent, or guardian on the basis of race, ethnicity, gender, disability, national origin, religion, sexual orientation, political belief, or socioeconomic status;(F) misuse government property or resources or use personal property or funds belonging to a juvenile;(G) engage in conduct constituting abuse, neglect, or exploitation as provided by Chapter 358 of this title and Chapter 261, Family Code;(H) interfere with or hinder any investigation, including a criminal investigation conducted by law enforcement or an investigation conducted under Chapter 350 and Chapter 358 of this title or Chapter 261, Family Code;(I) deliver into or remove from the grounds of a juvenile facility, program, or department any item of contraband or possess or control any item of contraband beyond the time period required to immediately report and deliver the item to the proper authority within the facility, program, or department;(J) use violence or unnecessary force and must use only the amount and type of force reasonably necessary and appropriate when justified to ensure the security of juveniles or of the facility, program, or department; or(K) falsify or make material omissions to governmental records.</content><note type="source"><p>Source Note: The provisions of this §345.310 adopted to be effective March 1, 2010, 35 TexReg 1287; amended to be effective July 15, 2014, 39 TexReg 5196; amended to be effective September 1, 2025, 50 TexReg 2613.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c347"><num value="347">CHAPTER 347</num><heading>TITLE IV-E FEDERAL FOSTER CARE PROGRAM</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c347/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p11/c347/sc/s347.100"><num value="347.100">§347.100</num><heading>Title IV-E Federal Foster Care Reimbursement Program</heading><content>Juvenile probation departments that seek reimbursement through Title IV-E of the Social Security Act (42 United States Code §670 et seq.) must comply with:(1) all grant requirements associated with the Title IV-E Federal Foster Care Reimbursement Program as documented in the Texas Juvenile Justice Department's state financial assistance contract; and(2) all federal and state laws and rules relating to Title IV-E reimbursement.</content><note type="source"><p>Source Note: The provisions of this §347.100 adopted to be effective September 1, 2016, 40 TexReg 8795.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c348"><num value="348">CHAPTER 348</num><heading>JUVENILE JUSTICE ALTERNATIVE EDUCATION PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c348/scA"><num value="A">SUBCHAPTER A</num><heading>PURPOSE, DEFINITIONS, AND APPLICABILITY</heading><section identifier="/us/state/tx/tac/t37/p11/c348/scA/s348.100"><num value="348.100">§348.100</num><heading>Purpose</heading><content>This chapter establishes minimum operational, programmatic, and educational standards for juvenile justice alternative education programs in Texas.</content><note type="source"><p>Source Note: The provisions of this §348.100 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scA/s348.102"><num value="348.102">§348.102</num><heading>Definitions</heading><content>When used in this chapter, the following words and terms have the following meanings unless the context clearly indicates otherwise.(1) Absent Days--The actual number of instructional days a student enrolled in the JJAEP is not in attendance for a minimum of four hours.(2) Attendance Days--The actual number of instructional days a student enrolled in the JJAEP is in attendance for a minimum of four hours.(3) Community Activities Officer--Has the meaning assigned by §344.100 of this title.(4) Inactive Status--Attendance status assigned to a student in which the student remains enrolled but is not counted as absent or present.(5) Intensive Physical Activity--Rigorous physical activity that involves rhythmic, repetitive physical movement that uses large muscle groups and results in an increase in heart rate and respiration. This term does not include activities required as part of a physical education class.(6) JJAEP Administrator--A juvenile probation department employee designated by the chief administrative officer or governing board of a juvenile probation department as the person responsible for the overall management of the JJAEP.(7) JJAEP Electronic Data Interchange (EDI) Extract--An automated process to extract and submit modified case records from the juvenile probation department's case management system to TJJD.(8) JJAEP Staff Member--Any full-time, part-time, temporary, or seasonal employee or volunteer performing JJAEP-related duties.(9) Juvenile Justice Alternative Education Program (JJAEP)--An educational program operated by the juvenile board designated to serve students pursuant to Chapter 37, Education Code.(10) Juvenile Probation Department (Department)--Has the meaning assigned by §344.100 of this title.(11) Juvenile Probation Officer--Has the meaning assigned by §344.100 of this title.(12) Juvenile Supervision Officer--Has the meaning assigned by §344.100 of this title.(13) Sending School District--The school district that sends the notice of expulsion and/or documentation needed for a student to enroll in a JJAEP.(14) TJJD--Texas Juvenile Justice Department.</content><note type="source"><p>Source Note: The provisions of this §348.102 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scA/s348.104"><num value="348.104">§348.104</num><heading>Interpretation and Applicability</heading><content>(a) Use of the Words "Including" and "Includes." When used in this chapter, the words "including" and "includes" are to be understood as introducing a non-exhaustive list, unless the context clearly indicates otherwise.(b) Applicability. This chapter applies to JJAEPs operated under Section 37.011, Education Code.(c) Records Retention. For purposes of this chapter, any standard that requires documentation to be maintained but does not specify the length of the retention period means at least two years past the end of the school year in which the student exited the JJAEP unless the local records retention schedule specifies a longer retention period.(d) Policies and Procedures. Any policy or procedure required by this chapter must be established by the juvenile board that is responsible for the operation of the JJAEP.(e) Parent Notifications.(1) Any requirement in this chapter for the JJAEP to provide a notice to a student's parent, guardian, or custodian applies only if:(A) the student is under 18 years of age; or(B) the student is 18 years of age or older and:(i) has provided written consent;(ii) the student has a disability and has authorized the parent, guardian, custodian, or other designated individual to receive the notification under a supported decision-making agreement, as referenced in Chapter 1357, Estates Code;(iii) the student is a dependent student as defined in Section 152 of the Internal Revenue Code and the notice relates to education services; or(iv) the notification is one that the parent would have received under the Individuals with Disabilities Education Act before the student reached 18 years of age.(2) Any notifications provided under paragraph (1)(B) of this subsection to a parent, guardian, or custodian without the written consent of a student who is at least 18 years of age must also be provided to the student.</content><note type="source"><p>Source Note: The provisions of this §348.104 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scA/s348.106"><num value="348.106">§348.106</num><heading>Waivers and Variances</heading><content>Unless expressly prohibited by another TJJD standard, an application for a waiver or variance of any standard in this chapter may be submitted in accordance with §349.200 of this title.</content><note type="source"><p>Source Note: The provisions of this §348.106 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c348/scB"><num value="B">SUBCHAPTER B</num><heading>PROGRAM OPERATIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.200"><num value="348.200">§348.200</num><heading>Program Administration and Organization</heading><content>(a) Mission of the JJAEP.(1) Academically, the mission of the JJAEP shall be to enable students to perform at grade level.(2) The mission statement must be located in the JJAEP's policies and procedures manual and in the student code of conduct.(b) Policies and Procedures.(1) The JJAEP must:(A) have written policies and procedures that govern all aspects of the operation of the program, including personnel, administration, programming, training, and any other program requirement included in this chapter;(B) be operated according to the written policies and procedures; and(C) submit the written policies and procedures to TJJD for review and comment at the following times:(i) no later than October 1 of each year; and(ii) upon request from TJJD.(2) The written policies and procedures must be readily accessible to every JJAEP staff member.(c) Memorandum of Understanding.(1) The juvenile board must annually enter into a memorandum of understanding with each participating school district. The memorandum of understanding must address the items listed in Section 37.011(k), Education Code.(2) The memorandum of understanding must be submitted to TJJD annually no later than October 1.(d) Research Studies and Experimentation. The JJAEP must adhere to requirements established by §341.200 of this title regarding research studies and experimentation involving students in JJAEPs.(e) JJAEP Performance Review. The juvenile board and the JJAEP administrator must conduct an annual performance review of the JJAEP between the conclusion of the school year and the beginning of the next school year to determine the effectiveness of the program.(1) The information reviewed must include:(A) the number of student entries and exits during the previous school year;(B) the reason for student entries and exits during the previous school year;(C) the number of students who entered the program during the previous school year who were eligible for special education services;(D) student academic performance as measured by passing rates and, if applicable, half-credits earned for students who exited the program during the previous school year;(E) attendance rates for the entire length of enrollment for students who exited the program during the previous school year;(F) assessment scores for mathematics and reading as measured by the TJJD-required pre-test and post-test scores, if applicable, for students who exited the program during the previous school year;(G) the number of new arrests or referrals that occurred during the entire length of enrollment for students who exited the JJAEP during the previous school year; and(H) the number of restraints by type (i.e., mechanical or personal) during the previous school year.(2) A written report must be completed that includes the data listed in paragraph (1) of this subsection, an analysis of the JJAEP's effectiveness, and any changes to be implemented as a result of the review.(3) The report must be submitted to TJJD no later than October 1.(f) JJAEP Management Review. The JJAEP administrator must conduct an annual review of the overall operations of the JJAEP before the beginning of each school year.(1) The review must include an assessment of the following topics and identify any needed changes:(A) safety and security;(B) inter-local cooperation; and(C) the student code of conduct.(2) Existing policies and procedures must be reviewed and assessed to determine their continued relevance to the mission of the JJAEP.(3) Documentation of the review must be maintained.(g) Required Staff Members.(1) JJAEP Administrator. The juvenile board or chief juvenile probation officer must designate a JJAEP administrator. The JJAEP administrator must:(A) hold a bachelor's degree from a college or university accredited by an organization recognized by the Texas Higher Education Coordinating Board;(B) possess juvenile justice experience and/or education experience;(C) ensure compliance with all applicable laws and rules related to JJAEPs; and(D) ensure compliance with provisions of all contracts with TJJD related to JJAEPs.(2) Instructional Staff Members.(A) The JJAEP must maintain a ratio of at least one instructional staff member for every 24 enrolled students. Instructional staff members include only:(i) teachers who are certified, are highly qualified, and/or meet the teaching requirements of the organization providing education services at the JJAEP;(ii) certified educational aides; and(iii) substitute teachers.(B) The instructional staff members for the JJAEP must include at least one teacher certified by the State Board for Education Certification (SBEC).(C) The JJAEP must provide at least the minimum number of special education teachers required by federal law.(D) A special education teacher must be certified as a special education teacher by SBEC or be eligible to work as a special education teacher prior to obtaining certification, as allowed by SBEC.(E) Upon entry into the JJAEP, substitute teachers who are not JJAEP staff members must be provided the JJAEP student code of conduct and JJAEP policies and procedures that directly affect their duties and sign an acknowledgment of receipt.(3) Caseworkers.(A) A caseworker must be a social worker, juvenile probation officer assigned to the JJAEP, counselor, or other mental health provider, as defined in Chapter 355 of this title.(B) Caseworkers must meet the minimum professional requirements and be licensed or certified by the appropriate licensing board in their field.(C) The JJAEP must maintain a ratio of at least one caseworker for every 50 enrolled students.(i) At a JJAEP with 50 or fewer enrolled students, the caseworker must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph.(ii) At a JJAEP with 51-100 enrolled students, one caseworker must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. The second caseworker must be present for at least four of the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of this subparagraph.(iii) At a JJAEP with 101-150 enrolled students, two caseworkers must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. The third caseworker must be present for at least four of the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of this subparagraph.(iv) At a JJAEP with 151-200 enrolled students, three caseworkers must be present during all operational hours of the JJAEP, except as noted in clauses (vi) and (vii) of this subparagraph. The fourth caseworker must be present for at least four of the JJAEP's daily operational hours, except as noted in clauses (vi) and (vii) of this subparagraph.(v) At a JJAEP with more than 200 enrolled students, the number of caseworkers required to be present during all operational hours of the JJAEP follows the same pattern set forth in clauses (i) - (iv) of this subparagraph.(vi) A substitute caseworker is not required when a caseworker is absent for three or fewer consecutive school days. A substitute caseworker is required if an absence is more than three consecutive school days.(vii) A caseworker who must leave the JJAEP site to complete a JJAEP-related duty is considered present for purposes of calculating the ratio.(4) Supervision Staff Members.(A) The JJAEP must ensure an adequate number of supervision staff members are present during all operational hours.(B) Supervision staff members include drill instructors, educational aides, security personnel, juvenile supervision officers, juvenile probation officers, community activities officers, and behavior management staff.(C) Any staff member, excluding a certified physical education teacher, who participates in the administration of intensive physical activity must be a:(i) juvenile supervision officer;(ii) juvenile probation officer; or(iii) community activities officer who has received training in adolescent development and behavior, as required by §341.402 of this title.(D) Except for professionals as defined in §344.100 of this title who are providing services in their professional capacity, any staff member whose position may require supervising or transporting JJAEP students must be:(i) certified by TJJD as a juvenile probation officer, juvenile supervision officer, or community activities officer; or(ii) otherwise authorized to perform the duties of a certified juvenile probation officer, community activities officer, or juvenile supervision officer under §§341.400, 341.402, 343.428, 343.622, or 355.428 of this title, as applicable.(5) Operational Staff Members.(A) Operational staff members include instructional staff members, supervision staff members, caseworkers, and JJAEP administrators.(B) The JJAEP must maintain a ratio of at least one operational staff member for every 12 enrolled students.(h) Verification Documentation.(1) The JJAEP must maintain a daily staff member roster, staff sign-in sheet, or other verification document that identifies each of the operational staff members who are present in the JJAEP each day.(2) The staff member roster, sign-in sheet, or other verification document must include the date, the time of entry and exit, the staff member's full name, and the staff member's position or title. Electronic records are acceptable for documenting whether staff members are present or absent.</content><note type="source"><p>Source Note: The provisions of this §348.200 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.202"><num value="348.202">§348.202</num><heading>Personnel Administration</heading><content>(a) Personnel Records. The JJAEP administrator must have access to a personnel file for each employee or person working at the JJAEP who is included in any program ratio. The file must include verification that any required certifications are current.(b) Training Records. For each employee or person working at the JJAEP who is included in any program ratio, the JJAEP program administrator must have access to documentation verifying that the individual has completed all training required by this chapter.(c) New Employee Orientation. All staff members expected to work at the JJAEP for six weeks or longer must receive an orientation training prior to having direct, unsupervised access to students.(1) Orientation training must occur within the first two weeks of the staff member's employment.(2) Documentation of completion of orientation training and agendas must be maintained, including staff signatures on training sign-in sheets.(3) Orientation must include training on:(A) safety and security procedures, including emergency exit drills and the JJAEP's disaster safety plan;(B) identification and reporting of serious incidents and child abuse, neglect, and exploitation as required by Chapter 358 of this title;(C) writing incident reports;(D) student code of conduct;(E) behavior management program;(F) transporting students;(G) crisis intervention, including how to report suicidal ideation or behavior;(H) distribution of medication;(I) restraint policy;(J) student grievance procedures; and(K) job descriptions, including duties and responsibilities of the assigned position.(d) Criminal History and Background Checks. The criminal history and background check requirements and criminal history standards established by Chapter 344, Subchapters C and D, of this title apply to a JJAEP.</content><note type="source"><p>Source Note: The provisions of this §348.202 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.204"><num value="348.204">§348.204</num><heading>Data Collection and Case File Information</heading><content>(a) Data Collection and Reporting.(1) JJAEP EDI Extract.(A) Unless an alternate data entry system has been approved by TJJD, the JJAEP administrator or designee must ensure that:(i) statistical and programmatic data for each student, as required by the JJAEP Electronic Data Interchange (EDI) Specifications, are accurately documented and entered into the juvenile probation department's automated case management system; and(ii) the JJAEP EDI Extract is submitted to TJJD no later than the 10th calendar day of each month following the reporting period.(B) TJJD staff must discuss any proposed changes to the JJAEP EDI Specifications with juvenile probation departments' designated representatives before making substantive changes to the specifications.(2) JJAEP Monthly Activity Report. The JJAEP administrator or designee must ensure the JJAEP Monthly Activity Report is submitted in the required format to TJJD no later than the 10th calendar day of each month following the reporting period via TJJD's Internet database.(b) Student Educational Records. The following information must be documented and maintained in the case file for each student in the program:(1) grade level upon entry to the JJAEP;(2) notice of expulsion;(3) court order(s) placing the student into the JJAEP;(4) police offense report, if applicable;(5) entry and exit transition plans;(6) education records, to include:(A) special education determination;(B) appropriate special education records;(C) scores on assessments required by the Texas Education Agency; and(D) home-language survey;(7) admission and exit testing data, if applicable;(8) pre-participation physical evaluation, if required under §348.208 of this title;(9) documentation of regular reviews of academic progress as required by Section 37.011(d), Education Code;(10) date of admission;(11) number of attendance days;(12) number of absent days;(13) date of release;(14) emergency notification contacts;(15) special medical needs, if any;(16) immunization records; and(17) medical release form.</content><note type="source"><p>Source Note: The provisions of this §348.204 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.206"><num value="348.206">§348.206</num><heading>Curriculum</heading><content>(a) Required Courses and Additional Areas of Study.(1) At a minimum, the JJAEP must provide the following courses at the JJAEP:(A) English language arts;(B) mathematics;(C) social studies; and(D) science.(2) The JJAEP must provide the following additional areas of study:(A) high school equivalency program; and(B) self-discipline, which may be integrated into the program and may include topics such as drug awareness, anger management, impulse control, and cognitive skills.(b) Curriculum Development.(1) A teacher certified by the State Board for Educator Certification must oversee the development and implementation of the educational curriculum.(2) The JJAEP administrator must ensure that course instruction is consistent with the essential knowledge and skills of each subject of the foundation curriculum as defined by the rules of the State Board of Education.(3) The high school equivalency program curriculum must address the elements required to pass the topics tested: English, mathematics, science, and social studies. High school equivalency program components may be integrated into the regular educational curriculum.(4) The JJAEP must offer an accelerated component for each required area of instruction to support credit recovery at the high school level and to regain academic and social skills at the elementary and middle school levels.</content><note type="source"><p>Source Note: The provisions of this §348.206 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.208"><num value="348.208">§348.208</num><heading>Program Requirements</heading><content>(a) Special Education.(1) The JJAEP, in collaboration with the sending school district, must ensure that a student with a disability who receives special education services is provided educational services that will support the student in meeting the goals identified in the individualized education program established by a duly constituted admission, review, and dismissal (ARD) committee, in accordance with Section 37.004, Education Code, and federal requirements.(2) The following ARD committee documentation must be maintained for each special education eligible student:(A) the most recent full and complete ARD meeting paperwork;(B) the manifestation determination ARD meeting paperwork; and(C) the most recent evaluation of eligibility for special education services.(b) English as a Second Language (ESL).(1) The JJAEP, in collaboration with the sending school district, must ensure that a student who is non-English speaking or who speaks English as a second language is provided ESL services and instruction appropriate to address his or her needs, as determined by a language proficiency assessment committee (LPAC).(2) Documentation of LPAC determinations must be maintained.(c) Section-504-Eligible Students.(1) The JJAEP must ensure, in collaboration with the sending school district, that a student who is eligible for services under Section 504 of the Rehabilitation Act of 1973 is provided services and instruction appropriate to address his or her needs, as determined by a Section 504 committee.(2) Documentation of Section 504 eligibility determinations must be maintained.(d) Standardized Testing Protocols.(1) JJAEP policies and procedures must describe the safeguards the JJAEP will use to maintain the integrity of the standardized testing process and confidentiality of test results.(2) JJAEP policies and procedures must include the following requirements:(A) tests must be maintained in a secure setting (e.g., a locked file cabinet) so that staff and students do not have access to the test except while the test is being administered;(B) staff are prohibited from making copies of the test;(C) staff are prohibited from teaching the specific questions on the test; and(D) unauthorized persons are prohibited from receiving test results, whether hard copy or electronic.(3) For statewide standardized tests, the JJAEP must adhere to all testing protocols required by the Texas Education Agency.(4) The JJAEP must administer the standardized test selected by TJJD to measure progress in reading and mathematics for students who will be enrolled in the JJAEP for at least 75 school days.(A) The pre-test must be administered within 15 days after the student's enrollment.(B) The post-test must be administered no sooner than 60 days after the student's enrollment.(e) Counseling. Counseling services (individual or group) must be available to all students in attendance at the JJAEP.(f) Meals.(1) Written policies and procedures must require that each student in attendance at the JJAEP is provided a lunch meal on each school day.(2) A student may not be denied a lunch meal as a disciplinary measure.(g) Medical.(1) Authorization to Consent to Treatment. The JJAEP must have on file for each student:(A) an authorization to consent to medical treatment in accordance with Section 32.001, Family Code, signed by the student's parent, guardian, or custodian; or(B) documentation indicating the parent, guardian, or custodian has refused to sign.(2) Medication Administration. The JJAEP must have written policies and procedures governing the administration of medication to students. The policies and procedures must:(A) specify which personnel are authorized to dispense medication to students;(B) identify requirements for the storage, use, and distribution of all medication provided to students;(C) require the student's parent, guardian, or custodian to provide a written request for the administration of the medication;(D) specify that the JJAEP will not accept medication unless it is in the original, properly labeled container; and(E) require that distribution of all medication be documented, including the date/time administered, name of the person who administered, student's name, type of medication, and dosage.(h) Programs that Include Intensive Physical Activity.(1) Weather-Related Policies. A JJAEP that has an intensive physical activity component must develop written policies and procedures regarding extreme weather conditions. These policies and procedures must address the following:(A) gradual acclimatization to hot weather;(B) student clothing for various weather conditions;(C) specific criteria for temperature and humidity level and other weather conditions that indicate when outside activity is not allowed; and(D) the provision of a water break to students at least once every 30 minutes during the intensive physical activity period.(2) Pre-Participation Physical Evaluation.(A) A student may not participate in intensive physical activity unless the student has received a pre-participation physical evaluation performed by a Texas-licensed:(i) physician;(ii) physician assistant;(iii) advanced practice registered nurse; or(iv) doctor of chiropractic.(B) The pre-participation physical evaluation must have been completed within one calendar year prior to the student's participation in intensive physical activity.(C) The pre-participation physical evaluation must indicate whether or not the student has any temporary or permanent physical limitations or conditions that would limit or prohibit participation in intensive physical activity.(D) The JJAEP must adhere to the limitations or prohibitions noted in the pre-participation physical evaluation report.</content><note type="source"><p>Source Note: The provisions of this §348.208 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.210"><num value="348.210">§348.210</num><heading>Student Attendance Accounting</heading><content>(a) Administrator's Responsibility. The JJAEP administrator must ensure that attendance records for all students enrolled in the JJAEP are accurately documented, maintained, and reported to TJJD.(b) Aggregate Attendance Accounting.(1) The expulsion category of each student enrolled must be recorded on the student attendance records.(2) A specific character on the student attendance record must be used to identify a student's status as present, absent, or inactive.(c) Student Entry and Exit Accounting.(1) The student's recorded entry date is the first day the student is physically present at the JJAEP.(2) A student's recorded withdrawal date is the first school day on which the student is no longer enrolled in the program. The withdrawal date cannot be a date on which the student was present.(3) The JJAEP must maintain daily student sign-in sheets that contain each student's printed name and signature.(4) The time of entry or exit must be noted on the student sign-in or sign-out sheet for a student who arrives late or leaves early on any school day.(5) During the regular school year, a student must be present for at least four hours of the school day for it to qualify as an attendance day.(d) Inactive Status.(1) A student must be placed on inactive status if he or she:(A) is in juvenile detention and is not permitted to attend the JJAEP;(B) is in jail;(C) is a documented runaway;(D) is absent for a minimum of four consecutive school days due to an illness or other medical reason documented by a licensed physician, physician assistant, or advanced practice registered nurse; or(E) is absent for a minimum of 10 consecutive school days, which may roll over to the start of the next semester attended by the student.(2) Inactive status begins on the date the event resulting in placement on inactive status begins, as noted on the verification documentation. The documentation must be maintained in the student's file. If verification documentation is not provided, inactive status may not begin until the 11th consecutive school day of absence.(3) A student who is maintained on inactive status for 30 consecutive school days must be withdrawn on the 31st day of inactive status. A student may not be maintained on inactive status for more than 30 consecutive school days, which may roll over to the start of the next semester attended by the student.(e) Reporting Absences. The JJAEP must have written policies and procedures that specify which staff member is responsible for reporting absences to the sending school district, which must occur at least once per week.</content><note type="source"><p>Source Note: The provisions of this §348.210 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.212"><num value="348.212">§348.212</num><heading>Inter-local Cooperation</heading><content>(a) Parent, Guardian, or Custodian.(1) Progress reports must be given to the student and the student's parent, guardian, or custodian a minimum of once every 120 school days.(2) Except in cases where a parent, guardian, or custodian withdraws a student, the JJAEP must notify the student's parent, guardian, or custodian in writing of the student's withdrawal from the JJAEP prior to the withdrawal date unless the date is not known prior to the withdrawal. The JJAEP must maintain this documentation.(b) School District.(1) Student Entry and Exit Transition Plans.(A) For each student, the JJAEP must coordinate with the sending school district to develop a written transition plan for entrance into the JJAEP.(B) For each student, the JJAEP must develop a written exit transition plan, provide the plan to the receiving school district, and maintain written verification that the plan was sent. The exit transition plan must include all information regarding courses in progress or completed, current grades for courses in progress, and number of attendance days and absent days.(C) The JJAEP must provide the student and the parent, guardian, or custodian with a copy of the exit transition plan.(2) Student Assessment. All students enrolled in the JJAEP must take the statewide assessment as required under Section 39.023, Education Code. The JJAEP must have policies and procedures addressing:(A) the delivery of testing materials to and from the JJAEP if the assessment is administered on-site; and(B) the administration of the statewide assessment to the students.(c) Juvenile Probation Departments.(1) The JJAEP and the local juvenile probation department must jointly coordinate the provision of needed social services for the students enrolled in the JJAEP.(2) Local juvenile probation departments must provide to the JJAEP information regarding the probation status of each student and the name of the student's juvenile probation officer.(3) The JJAEP must provide the local juvenile probation department with monthly attendance records of juvenile probationers enrolled in the JJAEP.</content><note type="source"><p>Source Note: The provisions of this §348.212 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.214"><num value="348.214">§348.214</num><heading>Physical Plant</heading><content>(a) The JJAEP must conform to all applicable federal, state, and local ordinances and codes. Each JJAEP must have on file the most recent inspections (i.e., health and fire) conducted by the local governmental authority having jurisdiction.(b) The number of occupants in the JJAEP may not exceed the rated capacity as determined by the appropriate fire authority. The JJAEP must maintain documentation from the appropriate fire authority for the rated capacity of each classroom and for the entire building.(c) The classroom space and common areas must be adequate to meet the programmatic requirements for each student enrolled and in attendance in the JJAEP, including sufficient seating and desks or tables.(d) All fixtures, including any emergency lighting, must be in working order.(e) Repairs must be made promptly to all furniture, equipment, and fixtures currently in use that are not in safe working order.</content><note type="source"><p>Source Note: The provisions of this §348.214 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.216"><num value="348.216">§348.216</num><heading>Safety, Security, and Emergency Response</heading><content>(a) Security Plan. The JJAEP must have a written plan that addresses security:(1) within the JJAEP building(s);(2) on the JJAEP campus;(3) at JJAEP-sponsored events that take place off campus property; and(4) during transportation of JJAEP students; if applicable.(b) Transportation. The JJAEP must have written policies and procedures that govern the use of motor vehicles to transport students enrolled in the JJAEP. The policies and procedures must address the following:(1) authorized methods of transportation;(2) security and supervision requirements;(3) authorized transport personnel;(4) procedures for responding to emergencies while transporting students;(5) a requirement to possess appropriate auto liability insurance when transporting students in personal vehicles, if allowed; and(6) circumstances under which a student is allowed to drive a personal vehicle to the JJAEP campus.(c) Emergency Situations. The JJAEP must have written policies and procedures regarding emergency situations. The policies and procedures must address the following:(1) emergency evacuation plans;(2) assignment of staff responsibilities;(3) notification of emergency services; and(4) procedures for specific emergency situations, including:(A) fire;(B) bomb threat;(C) hazardous weather conditions;(D) active shooter event; and(E) riot.(d) Medical Emergencies. The JJAEP must have written policies and procedures addressing medical emergencies. The policies and procedures must address the following:(1) obtaining medical assistance;(2) when emergency medical services must be called;(3) notification to appropriate staff and to the parent, guardian, or custodian of the student involved; and(4) documentation of the incident.(e) Cardiopulmonary Resuscitation (CPR) and First Aid. Each JJAEP must have at least two staff members certified in CPR and first aid on duty and in close proximity to the students at all times when students are present at the JJAEP campus. Proof of current certification must be maintained in personnel or training files. Documentation must reflect the day certification expires.(f) Emergency Exit Drills. The JJAEP must conduct at least two emergency exit drills during the school year unless local fire codes or ordinances require these drills more frequently. At least one drill must be conducted during the first half of the school year (August-December) and at least one drill must be conducted during the second half of the school year (January-June).(1) Written documentation (e.g., fire drill log) of the emergency exit drills must be maintained. Documentation must include the date, time, and staff involved in the emergency drill.(2) The JJAEP must post emergency exit routes in all classrooms and common areas.(g) JJAEP Closure. The JJAEP must have written policies and procedures addressing the cancellation of classes due to an emergency situation. The policies and procedures must:(1) address the cancellation of classes due to inclement weather and/or emergency situations;(2) identify the individual responsible for making the decision to cancel classes; and(3) specify the method(s) by which the closure is to be communicated to the students and their parents, guardians, or custodians.(h) Supervision upon Removal from a Classroom.(1) The JJAEP must have written policies and procedures that ensure students removed from the classroom for disciplinary reasons and placed in isolation, administrative segregation, time-out, in-school suspension, or any other location are under continuous visual supervision by a JJAEP staff member.(2) Policies and procedures must prohibit:(A) use of a locked room for disciplinary removals; and(B) the use of electronic monitoring equipment as a substitute for continuous visual supervision.(i) Searches.(1) All students entering the JJAEP must be subjected to a pat-down search or a metal detector screening on a daily basis.(2) Searches must be conducted in accordance with written policies and procedures. The policies must:(A) address:(i) when a search is appropriate and/or required;(ii) who is authorized to conduct the search;(iii) what types of searches are permissible;(iv) how pat-down searches will be conducted, if applicable; and(v) what to do when contraband is found;(B) if pat-down searches are used, require that the staff member conducting a pat-down search is the same gender as the student unless an exception is approved and documented by the JJAEP administrator; and(C) prohibit strip searches and anal and genital body cavity searches.(j) Disciplinary Reports.(1) Written policies and procedures must require JJAEP staff to prepare a written disciplinary report for each incident occurring in the JJAEP that constitutes a major violation of the student code of conduct or of JJAEP rules. The policies must require that the written disciplinary report include:(A) details of the incident;(B) violation(s) that occurred;(C) action(s) taken by the staff member(s);(D) date and time of the incident; and(E) discipline imposed, if any.(2) The disciplinary report must be sent to the JJAEP administrator no later than the next school day. Documentation that shows the date and time the disciplinary report was sent to the JJAEP administrator must be maintained.</content><note type="source"><p>Source Note: The provisions of this §348.216 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.218"><num value="348.218">§348.218</num><heading>Restraint Requirements</heading><content>(a) The JJAEP must adhere to the restraint requirements set forth in Chapter 341, Subchapter G, of this title, except as noted in subsection (b) of this section.(b) Personal restraints may be used by any JJAEP staff member trained in the approved personal restraint technique in accordance with training requirements set forth in Chapter 341, Subchapter G, of this title.</content><note type="source"><p>Source Note: The provisions of this §348.218 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.220"><num value="348.220">§348.220</num><heading>Serious Incidents</heading><content>The JJAEP must adhere to the requirements related to serious incidents set forth in Chapter 358 of this title.</content><note type="source"><p>Source Note: The provisions of this §348.220 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.222"><num value="348.222">§348.222</num><heading>Abuse, Neglect, and Exploitation</heading><content>(a) The JJAEP must adhere to the requirements related to abuse, neglect, and exploitation set forth in Chapter 358 of this title.(b) The JJAEP must have zero-tolerance policies and practices regarding sexual abuse, as defined in Chapter 358 of this title, that provide for administrative and/or criminal disciplinary sanctions.</content><note type="source"><p>Source Note: The provisions of this §348.222 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c348/scB/s348.224"><num value="348.224">§348.224</num><heading>Student Code of Conduct</heading><content>(a) Adoption.(1) The JJAEP student code of conduct must be adopted annually by the juvenile board and must describe and define in writing the JJAEP's behavior management system.(2) The JJAEP administrator must:(A) conduct an annual review of the student code of conduct after the conclusion of each school year and before the beginning of the next school year; and(B) no later than October 1 of each year, submit to TJJD documentation verifying the review was completed.(b) Notice to Students, Parents, and Staff.(1) The JJAEP student code of conduct must be provided to each student and to the student's parent, guardian, or custodian upon the student's entry into the JJAEP.(2) The student code of conduct must be reviewed with each student and the student's parent, guardian, or custodian and must be translated if necessary to ensure understanding of the content by all parties.(3) Acknowledgment of receipt of the student code of conduct signed by the student and by his/her parent, guardian, or custodian must be maintained in each student's file.(4) No later than the first day of each school year, each JJAEP staff member must sign an acknowledgement that he/she has read and understands the student code of conduct. This acknowledgement must be maintained in the staff's personnel file.(5) The student code of conduct must be readily accessible to every JJAEP staff member.(c) Discipline and Sanctions. The student code of conduct must include the following:(1) prohibited conduct described as minor violations and major violations and the corresponding disciplinary consequences available for each violation;(2) a description of the disciplinary process, including safeguards designed to promote consistent application of the process;(3) circumstances that will allow a student's removal from the classroom with staff supervision;(4) circumstances under which a student may be placed into another educational setting;(5) due-process procedures; and(6) a prohibition on one student sanctioning another student.(d) Prohibited Sanctions.(1) The following sanctions are prohibited in the JJAEP, and their prohibition must be noted in the student code of conduct:(A) corporal punishment, physical abuse, humiliating punishment, and hazing;(B) physical exercises imposed for discipline or intimidation, except as allowed under paragraph (2) of this subsection;(C) deprivation of food and water; and(D) expulsion from the JJAEP.(2) Physical exercise may be used for discipline only if:(A) the JJAEP operates an intensive physical activity program;(B) the JJAEP has established written policies and procedures that include limitations on the types of physical activity that may be used for discipline; and(C) the physical exercise does not cause bodily duress (i.e., physical punishment to the body).(e) Dress Code. The student code of conduct may establish a dress code or require uniforms for students in attendance.(f) Grievance Procedures. The student code of conduct must state:(1) which issues are grievable and not grievable;(2) the process by which a student may submit a grievance;(3) the method(s) by which students may obtain and submit a grievance without the assistance or permission of staff;(4) that retaliation by staff against a student for submitting a grievance is prohibited;(5) that the student will receive a written response within five school days after submitting the grievance;(6) that, upon request, a student's parent, guardian, or custodian will be provided a copy of a grievance submitted by the student, including the response;(7) the deadline for submitting an appeal of the initial response, which must be no earlier than five school days after the student receives the initial response; and(8) that the student will receive a written response within 10 school days after submitting an appeal.(g) Sexual Abuse. The student code of conduct must include information relating to the JJAEP's zero-tolerance policy for sexual abuse. The information provided must address the following:(1) prevention and intervention;(2) methods of minimizing the risk of sexual abuse;(3) reporting sexual abuse and assault; and(4) treatment and counseling.</content><note type="source"><p>Source Note: The provisions of this §348.224 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c348/scC"><num value="C">SUBCHAPTER C</num><heading>ACCOUNTABILITY</heading><section identifier="/us/state/tx/tac/t37/p11/c348/scC/s348.300"><num value="348.300">§348.300</num><heading>TJJD Performance Reports</heading><content>(a) TJJD completes a JJAEP performance assessment report as required by the General Appropriations Act (GAA). The report addresses factors identified by the GAA. TJJD provides each JJAEP administrator and each chief administrative officer with a copy of the report.(b) At mandatory JJAEPs (i.e., JJAEPs whose operation is required by law), the JJAEP administrator must provide a copy of the report to the juvenile board and to the superintendent of each school district that participates in the JJAEP.</content><note type="source"><p>Source Note: The provisions of this §348.300 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c348/scD"><num value="D">SUBCHAPTER D</num><heading>FUNDING</heading><section identifier="/us/state/tx/tac/t37/p11/c348/scD/s348.400"><num value="348.400">§348.400</num><heading>Funding for JJAEPs</heading><content>(a) Funding for JJAEPs is provided in accordance with requirements in the General Appropriations Act.(b) TJJD will not release funds to a JJAEP until it has received the following:(1) memorandum of understanding with completed signature page(s), as required by §348.200 of this title;(2) student code of conduct for the current school year; and(3) school calendar.(c) TJJD will not release funds to a JJAEP whose school calendar is not in compliance with Section 37.011(f), Education Code, unless an application for a waiver has been approved by TJJD.</content><note type="source"><p>Source Note: The provisions of this §348.400 adopted to be effective August 1, 2018, 43 TexReg 2593.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c349"><num value="349">CHAPTER 349</num><heading>GENERAL ADMINISTRATIVE STANDARDS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c349/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS AND GENERAL REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p11/c349/scA/s349.100"><num value="349.100">§349.100</num><heading>Definitions</heading><content>The words and terms used in this chapter shall have the following definitions unless the context clearly indicates otherwise. (1) Abuse, Neglect, and Exploitation--These terms have the definitions provided in Chapter 358 of this title.(2) Administrator--Regardless of title, the chief administrative officer of a juvenile probation department, juvenile justice program, juvenile justice facility, or non-juvenile justice contract facility.(3) Administrative Designee--The role assigned to the administrator when a preponderance of evidence determines that the proximate cause of the abuse, neglect, or exploitation was based on policies and procedures under the direct control of the administrator.(4) Attorney of Record--A person licensed to practice law in Texas who has provided TJJD with written notice of representation. (5) Authorized Representative--An attorney authorized to practice law in the State of Texas or, if authorized by applicable law, a person designated by a party to represent the party.(6) Board--The Texas Juvenile Justice Board, the governing board of TJJD. (7) Certification Action--An action taken by TJJD with regard to a certification as a juvenile probation, supervision, or community activities officer, to include disciplinary action, designation of ineligibility, and temporary suspension.(8) Certified Officer--An individual who holds a certification as a juvenile probation, supervision, or community activities officer from TJJD, including a provisional certification.(9) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department, including a juvenile probation department with multi-county jurisdiction. (10) Code of Ethics--The Certified Officer Code of Ethics contained in Chapter 345 of this title.(11) De Novo Review--A review that decides an issue without deference to a conclusion or assumption made by a prior review, finding, or holding; a review that decides the issue as though the decision is being made for the first time.(12) Department--A juvenile probation department.(13) Executive Director--The executive director of TJJD.(14) Facility Administrator--An individual designated by the chief administrative officer or governing board of a juvenile justice facility as the on-site program director or superintendent of a secure facility.(15) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, housed in a non-juvenile justice contract facility pursuant to an order of the juvenile court, or participating in a juvenile justice program, including a prevention and intervention program, regardless of age. (16) Juvenile Justice Facility ("facility")--A facility that is registered by TJJD pursuant to Sections 51.12, 51.125, or 51.126, Family Code.(17) Juvenile Justice Program ("program")--A program or department that:(A) serves juveniles under juvenile court or juvenile board jurisdiction; or(B) is operated wholly or partly by the juvenile board or by a private vendor under a contract with the juvenile board. The term includes:(i) a juvenile justice alternative education program; (ii) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board; and(iii) a juvenile probation department.(18) Non-Juvenile Justice Contract Facility--A facility in which a juvenile is placed pursuant to a contract with a department, program, facility, or juvenile board, other than a facility registered with TJJD.(19) Respondent--A person who is the subject of a certification action under this chapter.(20) SOAH--State Office of Administrative Hearings.(21) Subject--A person alleged or found to be responsible for the abuse, neglect, or exploitation of a juvenile through the person's actions or failure to act.(22) TJJD--The Texas Juvenile Justice Department.(23) Victim--A juvenile who is alleged or found to be a victim of abuse, neglect, or exploitation.</content><note type="source"><p>Source Note: The provisions of this §349.100 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scA/s349.110"><num value="349.110">§349.110</num><heading>Interpretation</heading><content>(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards in this chapter.(b) Including. Unless the context clearly indicates otherwise, the words "include," "includes," and "including," when following a general statement or term, are to be understood as introducing a non-exhaustive list. (c) Time. Any period of days set forth in this chapter is computed as set forth in Section 311.014, Government Code. Unless otherwise specified, a period of "days" means "calendar days." When this chapter requires or allows an act by any party other than TJJD to be done at or within a specified time period, the executive director or Board may, for good cause shown, order the period extended or permit the act to be done after the expiration of the specified period.</content><note type="source"><p>Source Note: The provisions of this §349.110 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scA/s349.120"><num value="349.120">§349.120</num><heading>Authorized Delegation</heading><content>(a) The executive director may designate another TJJD employee to perform the executive director's duties under this chapter. (b) The designation must be in writing.</content><note type="source"><p>Source Note: The provisions of this §349.120 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c349/scB"><num value="B">SUBCHAPTER B</num><heading>ADMINISTRATIVE PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.200"><num value="349.200">§349.200</num><heading>Waivers and Variances</heading><content>(a) Purpose.(1) The purpose of a waiver is to excuse a department or facility from the requirement to comply with a particular TJJD standard for a defined period of time when compliance with the standard is not possible due to an event outside of the department's or facility's control.(2) The purpose of a variance is to provide a mechanism for a department or facility to comply with the intent of a TJJD standard in a different manner than is set out in the standard when compliance with the standard is not possible.(b) Applicability.(1) A waiver or variance may be granted for any standard, following this process, unless:(A) another administrative rule prohibits or provides a different means for a waiver or variance; or(B) the standard is required by state or federal law and the corresponding law does not expressly permit a waiver or variance. (2) A waiver or variance may be conditioned on continued compliance with certain terms, as determined by TJJD or the Board, as applicable.(c) Request.(1) The juvenile board, chief administrative officer, or facility administrator may submit a request for waiver or variance to TJJD. If the chief administrator or facility administrator submits the request, approval from the juvenile board chair or designee must be included.(2) A request for a waiver must be submitted on a form provided by TJJD, must state the length of time for which the waiver is requested, and must explain: (A) why compliance with the standard(s) cannot be achieved; (B) what undue hardship would be experienced by the department or facility if the waiver is not granted;(C) what impact the waiver would have on compliance with other standards;(D) how the health and safety of juveniles will be maintained during the duration of the waiver; and(E) how issuing the waiver would not put TJJD or the juvenile board, department, or facility in violation of any state or federal law. (3) A request for a variance must be submitted on a form provided by TJJD, must state the length of time for which the variance is requested, and must explain:(A) why compliance with the standard(s) cannot be achieved; (B) what undue hardship would be experienced by the department or facility if the variance is not granted;(C) what impact the variance would have on compliance with other standards;(D) how substantial compliance with the intent and purpose of the standard for which a variance is requested would be achieved through alternative methods or means; (E) how the health and safety of juveniles will be maintained if the variance is granted; and(F) how issuing the variance would not put TJJD or the juvenile board, department, or facility in violation of any state or federal law.(d) Incomplete Requests.(1) At the sole discretion of TJJD, any request for waiver or variance that does not include all required information will be deemed incomplete and returned to the requestor for completion. (2) No timelines for response begin until the request is complete. An incomplete request will not be presented to the executive director or the Board.(3) TJJD will inform the requestor regarding which parts of the request are incomplete and provide a minimum of 20 days for the requestor to complete the request. If the request is not completed by the date specified by TJJD, the request will be deemed withdrawn.(4) TJJD will maintain records of incomplete and withdrawn requests.(e) Executive Director Authority to Grant a Waiver or Variance.(1) The executive director may grant a waiver for a period of up to 180 days, but only if the executive director makes the following affirmative findings:(A) circumstances outside of the department's or facility's control make it impossible to comply with the standard without undue hardship on the requesting department or facility;(B) the health and safety of juveniles will be maintained if the waiver is granted; and(C) the waiver will not put TJJD or the juvenile board, department, or facility in violation of any state or federal law. (2) The executive director may grant a variance for a period of up to 180 days, but only if the executive director makes the following affirmative findings:(A) the standard cannot be complied with without undue hardship on the requesting department or facility;(B) the requesting department or facility will comply with the intent and purpose through alternative methods;(C) the health and safety of juveniles will be maintained if the variance is granted; and(D) the variance will not put TJJD or the juvenile board, department, or facility in violation of any state or federal law. (f) Process.(1) The executive director will respond to a completed request for waiver or variance within 30 days. If unable to do so, TJJD will inform the requestor of the reasons for the delay.(2) If the request for waiver or variance indicates that it is needed for more than 180 days and the executive director grants the request for any period up to 180 days, the requested waiver or variance will also be presented to the Board for review in accordance with subsection (g) of this section.(3) If the request for waiver or variance, or extension thereof, is denied, the juvenile board, chief administrative officer, or facility administrator may request a review by the Board, in accordance with subsection (g) of this section.(g) Board Review of Request for Waiver or Variance.(1) Except as provided by paragraph (7) of this subsection, only the Board may grant a waiver or variance for a period in excess of 180 days. When appropriate, the Board may grant a permanent variance, with or without conditions. No permanent waivers will be granted.(2) If the executive director has granted a waiver or variance for which the request indicated it was needed for more than 180 days, the request will be presented to the Board for review at the next Board meeting where waivers and variances will be considered, provided there is adequate time to place the item on the agenda.(3) If the executive director denies a request for waiver or variance, the juvenile board, chief administrative officer, or facility administrator may request a review on a form provided by TJJD. If the chief administrative officer or facility administrator submits the request for review, approval from the juvenile board chair or designee must be included. If the approval is from the designee, that designation must be in writing and included with the request for review. The review will occur at the next Board meeting where waivers or variances will be considered, provided there is adequate time to place the item on the agenda.(4) The department or facility requesting the waiver or variance is responsible for appearing at the Board meeting to explain the request and answer any questions from the Board.(5) When appropriate, TJJD staff will make a recommendation to the Board regarding whether or not to grant the waiver or variance.(6) The Board may grant a waiver or variance only if it makes an affirmative finding that the criteria in subsection (e) exist.(7) If the executive director grants a waiver or variance that will expire prior to the Board meeting at which the waiver or variance will be considered, the executive director may extend the existing waiver or variance until the Board meeting.</content><note type="source"><p>Source Note: The provisions of this §349.200 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.210"><num value="349.210">§349.210</num><heading>Code of Ethics Violations</heading><content>(a) Duty to Report. Every person with a certification from TJJD is obligated to report to TJJD when the person has reason to believe that another certified officer has engaged in a violation of the Code of Ethics. Failure to report may result in disciplinary action against the certification.(b) Notification to TJJD. The chief administrative officer, facility administrator, or juvenile board shall notify TJJD's Office of General Counsel when a Code of Ethics violation has been committed by a certified officer, except when the conduct is the subject of a TJJD investigation into an allegation of abuse, neglect, or exploitation. (c) Timelines. If the investigation is conducted pursuant to a request by TJJD, the investigation must be provided to TJJD in accordance with the timelines in Section 349.220 of this chapter. Otherwise, the chief administrative officer, facility administrator, or juvenile board shall provide TJJD with a copy of the internal investigation into the Code of Ethics violation no later than 10 days after the investigation is completed. The chief administrative officer or facility administrator must also provide a copy of the internal investigation to the juvenile board.</content><note type="source"><p>Source Note: The provisions of this §349.210 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.220"><num value="349.220">§349.220</num><heading>Complaints</heading><content>(a) When TJJD receives a complaint about a juvenile board, certified officer, or employee of a department, facility, or non-juvenile justice contract facility, TJJD staff shall review the circumstances surrounding the complaint to determine the most appropriate course of action.(b) If the complaint involves an allegation of abuse, neglect, or exploitation of a juvenile, the complaint will be addressed in accordance with Chapter 358 of this title.(c) Except as provided by subsection (d) of this section, if the complaint involves an allegation of conduct that, if true, would constitute a violation of the Code of Ethics, the complaint will be referred to the chief administrative officer or facility administrator, as appropriate, who must ensure that an investigation is completed and a report of the investigation provided to TJJD within 90 days of the referral. (d) If the complaint involves conduct of the chief administrative officer that, if true, would constitute a violation of the Code of Ethics, the complaint will be referred to the juvenile board chair, who must ensure that an investigation is completed and a report of the investigation provided to TJJD within 90 days of the referral.(e) If the complaint is about juvenile services within the discretion of the juvenile board and not otherwise addressed by this section, TJJD will forward the complaint to the juvenile board chair and chief administrative officer or facility administrator, as appropriate. The complainant will be notified in writing of this referral.(f) If the complaint involves an allegation that a juvenile board has violated TJJD rules or standards or the terms of a grant or contract with TJJD, TJJD staff shall investigate the matter and take appropriate action depending on the outcome of the investigation. (g) If the complaint involves an individual with a license or certification from an entity other than TJJD, the complaint will be forwarded to the licensing entity. If TJJD conducts an investigation related to the complaint, the results of the investigation will be provided to the licensing entity.</content><note type="source"><p>Source Note: The provisions of this §349.220 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.230"><num value="349.230">§349.230</num><heading>Violation by Juvenile Board</heading><content>(a) If TJJD determines the juvenile board, including the department or facility under the juvenile board's jurisdiction, has violated TJJD rules or standards or the terms of the State Financial Assistance Contract, TJJD shall notify the juvenile board in writing of the violation.(b) Upon written notice of the violation, the juvenile board shall be given 90 days to achieve compliance or to propose a plan to achieve compliance that is acceptable to TJJD. TJJD may agree to extend this timeline.(c) If TJJD and the juvenile board cannot reach an agreement, TJJD shall give the juvenile board written notice of its intent to refuse, reduce, or suspend state aid under §223.005, Human Resources Code. Upon receipt of the above notice, the juvenile board shall have 15 days to: (1) provide written notice to the executive director of the juvenile board's compliance;(2) propose in writing an alternate solution; or(3) provide a written appeal of TJJD's action(s) to the executive director. (d) The juvenile board's appeal must state specifically any difference of opinion with the TJJD staff concerning the facts in dispute and the solution necessary under the standards or rules of TJJD. The appeal shall state whether the juvenile board requests a hearing before the Board. (e) TJJD will set the appeal on the agenda for its next regularly scheduled meeting, provided there is sufficient time to place the item on the agenda. The juvenile board and TJJD staff may appear and make oral presentations concerning the appeal. (f) The complainant shall be notified in writing upon receipt of the complaint and upon resolution.</content><note type="source"><p>Source Note: The provisions of this §349.230 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.240"><num value="349.240">§349.240</num><heading>Mandatory Suspension for Failure to Pay Child Support</heading><content>(a) Suspension. Upon receipt of an order suspending certification for failure to pay child support issued under §232.008 or §232.009, Family Code, TJJD shall suspend the certified officer's certification. (b) Notice of Suspension. (1) TJJD shall notify the individual subject to a suspension order received under subsection (a) of this section that the agency has formally suspended the individual's certification. (2) The notice shall also instruct that the individual may not perform the duties of a certified officer while the suspension order is in effect. (3) TJJD shall also notify the chief administrative officer or facility administrator and the juvenile board of the employing department, facility, or program of the suspension. (c) Length of Suspension. A certification suspension under this section shall remain in effect until TJJD receives an order issued under §232.013, Family Code, that either vacates or stays the suspension. (d) Employment. An individual subject to a suspension order issued under subsection (a) of this section may not be employed in a position requiring certification, granted certification, or have the certification renewed while the suspension order remains in effect. (e) Appeal. An order under this section is not subject to appeal. (f) Waiver or Variance. This provision is not subject to a waiver or variance.</content><note type="source"><p>Source Note: The provisions of this §349.240 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.250"><num value="349.250">§349.250</num><heading>Administrative Review of Investigation Findings</heading><content>(a) Any person confirmed by TJJD to have engaged in conduct meeting the definition of abuse, neglect, or exploitation in an investigation conducted under Chapter 358 of this title, including a person named as an administrative designee as a result of an investigation, may request an administrative review of the investigation findings. An administrator may make the request on behalf of the individual.(b) The request must be made in writing no later than the 10th day after receiving TJJD's written notice of the investigation findings.(c) If civil or criminal proceedings related to an allegation that TJJD has investigated are pending when the administrative review is requested, or if such proceedings are initiated before TJJD begins the review, TJJD may postpone the review until the proceedings are completed. (d) If, as part of the administrative review, TJJD chooses to interview a subject or administrative designee who does not speak English or is hearing impaired, TJJD will provide a certified translator or interpreter unless the subject or administrative designee chooses to provide one, in which case the subject or administrative designee is responsible for all translation or interpretation costs incurred in connection with the review. (e) The administrative review is conducted by an attorney in the TJJD Office of General Counsel. The attorney may not have advised or otherwise worked on the investigation that is the subject of the administrative review.(1) The administrative review is a de novo review. The purpose of the review is to determine if there is a preponderance of evidence to establish that the subject or administrative designee engaged in conduct meeting the definition of abuse, neglect, or exploitation, as set out in Chapter 358 of this title. (2) The attorney may interview witnesses and gather additional evidence at the attorney's discretion. The attorney may request the assistance of the TJJD Office of Inspector General in doing so.(3) The attorney confirms or revises TJJD's original investigation findings based on TJJD's administrative rules and policies and prepares a written report explaining the decision.(4) Within 45 days after receiving the request for review, TJJD notifies the subject or administrative designee of the outcome of the review. If necessary, the time period may be extended. If there is an extension, TJJD will notify the subject or administrative designee and provide an estimated completion date.(f) If the administrative review results in changes to the original findings, TJJD will: (1) enter the revised findings into the investigation record; and (2) notify each person who was notified of the original findings that the findings have been revised.(g) This section does not apply to an investigation conducted under Section 380.9333 of this title.</content><note type="source"><p>Source Note: The provisions of this §349.250 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.260"><num value="349.260">§349.260</num><heading>Representation</heading><content>(a) A subject or administrative designee may choose to appear with or without an attorney or other authorized representative throughout the administrative review process. The subject or administrative designee is responsible for the costs of representation. (b) A party's attorney of record shall remain the attorney of record unless the attorney submits a formal request to withdraw to the TJJD attorney involved in the matter except that, if SOAH has acquired jurisdiction, the attorney must comply with SOAH's rules to withdraw.</content><note type="source"><p>Source Note: The provisions of this §349.260 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scB/s349.270"><num value="349.270">§349.270</num><heading>Temporary Suspension Order</heading><content>(a) TJJD may issue an order temporarily suspending the certification, including a provisional certification, of a certified officer or temporarily making a former TJJD employee ineligible for certification in accordance with Sections 222.053 and 222.054, Human Resources Code.(b) Section 2001.054, Government Code, applies to a suspension under this provision.</content><note type="source"><p>Source Note: The provisions of this §349.270 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c349/scC"><num value="C">SUBCHAPTER C</num><heading>CERTIFICATION ACTIONS AND HEARINGS</heading><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.300"><num value="349.300">§349.300</num><heading>Disciplinary Action</heading><content>(a) TJJD may impose disciplinary action when a certified officer has committed a violation of the Code of Ethics or has engaged in conduct that meets the definition of abuse, neglect, or exploitation involving a juvenile in a department, program, facility, or non-juvenile justice contract facility.(b) TJJD may impose any of the following disciplinary actions, including a combination of disciplinary actions:(1) written reprimand; (2) revocation of certification; (3) suspension of certification; or (4) probated suspension of certification.(c) A certified officer is entitled to a hearing before SOAH if revocation, suspension, or probated suspension of the certification is the disciplinary action sought.(d) A majority vote of the Board is required to impose revocation, suspension, or probated suspension as disciplinary action on the certification.(e) Subject to Board approval, a certified officer may voluntarily surrender the certification in lieu of the imposition of disciplinary action. The acceptance may include a condition that the person is ineligible for future certification.</content><note type="source"><p>Source Note: The provisions of this §349.300 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.302"><num value="349.302">§349.302</num><heading>Ineligibility for Certification</heading><content>(a) TJJD may make a person who is a former or current employee, volunteer, or contractor with TJJD ineligible for certification if the person engaged in conduct meeting the definition of abuse, neglect, or exploitation or that is a violation of the Code of Ethics in TJJD's personnel policy (PRS.02.03).(b) TJJD may make a person who is a former or current employee, volunteer, or contractor with a department, program, facility, or non-juvenile justice contract facility ineligible for certification if the person engaged in conduct meeting the definition of abuse, neglect, or exploitation or that is a violation of the Code of the Ethics in Chapter 345 of this title.(c) Except as provided by Section 349.270 of this chapter, an individual is entitled to a hearing before SOAH before the person may be deemed ineligible for certification. (d) A majority vote of the Board is required to make a person ineligible for certification.</content><note type="source"><p>Source Note: The provisions of this §349.302 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.304"><num value="349.304">§349.304</num><heading>Guidelines</heading><content>(a) The purpose of these guidelines is to: (1) provide a framework for analysis by staff members, administrative law judges, and the Board in making decisions regarding certification and disciplinary matters; (2) promote consistency in the exercise of sound discretion in certification and disciplinary matters; and (3) provide guidance in the resolution of potentially contested matters. (b) The following factors may be considered in seeking, proposing, or making a decision under this chapter: (1) the seriousness of the violation, which may include: (A) whether the conduct was in violation of a law; (B) the nature and extent of the harm caused; and/or (C) the frequency of and time period covered by the violation(s);(2) the nature of the violation, which may include: (A) the relationship between the respondent and the person harmed; (B) the vulnerability of the person harmed;(C) the degree to which the actions showed lack of good judgment; and/or(D) the culpability of the respondent, such as whether the violation: (i) was intentional or premeditated; (ii) was due to blatant disregard or gross neglect; (iii) resulted from simple error or negligence; and/or(iv) evidences lack of integrity, trustworthiness, or honesty; (3) the degree of personal accountability taken by the respondent, which may include: (A) admission of wrongdoing and acceptance of responsibility; (B) showing appropriate remorse or concern; (C) making efforts to ameliorate the harm or make restitution; (D) cooperation with an investigation or request for information; and (E) attempts to deny or conceal the misconduct or falsify documents; and(4) any other relevant factors, which may include: (A) the respondent's record of training, length of service, position, job responsibilities, and performance history; (B) the presence or absence of prior or subsequent violations; (C) any other relevant circumstances, including aggravating or mitigating factors, such as environmental factors that may have contributed to the respondent's actions;(D) disciplinary action taken in similar incidents; and(E) disciplinary action taken by the employer and the employer's recommendation to TJJD regarding certification action.</content><note type="source"><p>Source Note: The provisions of this §349.304 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.310"><num value="349.310">§349.310</num><heading>Mandatory Revocation</heading><content>(a) TJJD staff shall seek to revoke or to deny the certification of any person who: (1) engaged in or solicited any sexual conduct with a juvenile;(2) engaged in a sexually related or otherwise inappropriate relationship with a juvenile, whether or not sexual conduct occurred;(3) possessed or distributed child pornography; or(4) was convicted of or placed on deferred adjudication for any offense requiring revocation under Chapter 53, Occupations Code.(b) Subsection (a) of this section does not limit the Board's authority to revoke or deny certification in accordance with this chapter.</content><note type="source"><p>Source Note: The provisions of this §349.310 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.320"><num value="349.320">§349.320</num><heading>Notice and Service</heading><content>(a) Notice and service in a contested case must comply with §2001.052, Government Code, and any relevant administrative rules adopted by SOAH.(b) Preliminary notice of a certification action must be in writing and personally delivered to the respondent or sent via certified mail, return receipt requested, and regular mail to the respondent at the most recent address on file with TJJD. (c) A document sent by regular or certified mail is presumed received no later than three days after mailing. Service is presumed effected if the wrapper containing the document is not returned to TJJD. (d) If notice is not effected at the address on record with TJJD, TJJD may use any reasonable resources to locate an accurate address and may effectuate service there, following this section.(e) Service may be made by publication or any other alternate legal means, if necessary.(f) If TJJD seeks to take any certification action, other than written reprimand for a certified officer, TJJD shall provide the respondent with written notice that includes:(1) the name of the respondent;(2) the certification number if the respondent is a certified officer;(3) a short, plain statement of the facts or conduct alleged to warrant certification action;(4) a statement of the legal authority and jurisdiction under which the action is to be taken;(5) a reference to the particular sections of statute, administrative rule, or policy that the respondent officer is alleged to have violated;(6) a description of the certification action TJJD is recommending be imposed; and(7) an invitation for the respondent to show compliance with all requirements of the law for retention of the certification or eligibility for the certification.(g) The notice shall also include language in 12-point, boldface type that provides the respondent with notice that:(1) failure to file a written answer to this notification within 20 days may result in the Texas Juvenile Justice Board taking a default order;(2) the written answer must include an admission or denial of each and every allegation included in the petition and must include any other matter, whether of law or fact, upon which respondent intends to rely for defense; (3) a failure to admit or deny each allegation will result in the allegation being deemed true and may result in a default order;(4) a default order means the Board will find the allegations in the attached petition to be true and will grant the action requested in the attached petition.</content><note type="source"><p>Source Note: The provisions of this §349.320 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.330"><num value="349.330">§349.330</num><heading>Answer</heading><content>(a) The respondent in a certification action matter has until 20 days after the service of the notice in §349.320 of this chapter to file a written response to TJJD and send it to the address provided in the notice. (b) The answer must admit or deny each of the allegations in the notice. If the respondent intends to deny only a part of an allegation, the certified officer must specify the portion that is not being challenged and deny only the remainder. Failure to deny an allegation will result in the allegation being deemed true.(c) If the answer fails to admit or deny each of the allegations and instead only challenges the recommended action, the allegations will be deemed true and the action pursued. The answer must also include any other matter, whether of law or fact, upon which the respondent intends to rely for defense.</content><note type="source"><p>Source Note: The provisions of this §349.330 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.340"><num value="349.340">§349.340</num><heading>Default</heading><content>(a) If the respondent fails to file a response to the notice or the response fails to comply with the requirements in §349.330, the matter will be considered as a default case. (b) In a case of default, the respondent will be deemed to have: (1) admitted the factual allegations in the notice that respondent did not deny;(2) waived the opportunity to show compliance with the law; (3) waived the opportunity for a hearing on the matter; and (4) waived objection to the certification action recommended in the notice. (c) The executive director may recommend that the Board enter a default order based upon the allegations set out in the notice provided in §349.320 of this chapter and impose the certification action recommended in that notice. (d) Upon consideration of the case, the Board may: (1) enter a default order and impose the recommended certification action;(2) enter a default order and impose a certification action that is less than what was recommended; (3) refuse to enter a default order and instruct staff to reissue the notice with different allegations and/or different recommended certification action; (4) instruct staff to dismiss the matter and close the file with no certification action; or(5) order the matter set for hearing before SOAH.(e) A motion for rehearing that requests the Board vacate its default order under this section shall be granted if the respondent proves by a preponderance of the evidence that the failure to answer the formal charges was not intentional or the result of conscious indifference but instead was due to accident or mistake, provided that the respondent has a meritorious defense to the factual allegations contained in the formal charges and the granting thereof will not cause delay or otherwise create a hardship for the Board.</content><note type="source"><p>Source Note: The provisions of this §349.340 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.350"><num value="349.350">§349.350</num><heading>Agreed Orders</heading><content>(a) The Board's policy is to encourage the resolution of certification matters through voluntary settlement processes. Any matter within the Board's jurisdiction may be resolved informally by agreed order after the respondent has provided a response in accordance with §349.330.(b) Communication during the settlement process may be conducted in any manner, including in-person, electronic, telephonic, video, or written communication.(c) Participation by the respondent and TJJD in any settlement process is voluntary and may be terminated by either party without prejudicing the right to proceed with a contested case.(d) An agreed order may contain such terms as the executive director deems reasonable and necessary.(e) An agreed order may be made at any time, even after formal proceedings have been initiated.(f) An agreed order is not final until the Board approves it in a Board meeting in compliance with Texas Open Meeting laws. (g) If the respondent fails to comply with the terms of an agreed order, formal disciplinary proceedings may be initiated or resumed.</content><note type="source"><p>Source Note: The provisions of this §349.350 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.360"><num value="349.360">§349.360</num><heading>State Office of Administrative Hearings</heading><content>(a) If a respondent provides a written response as required in §349.330 of this chapter and no agreed order is entered as provided in §349.350 of this chapter, the matter will be set for hearing at SOAH.(b) Chapter 2001, Government Code, and SOAH administrative rules and procedures, as relevant, apply to all parts of the proceeding.</content><note type="source"><p>Source Note: The provisions of this §349.360 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.370"><num value="349.370">§349.370</num><heading>Decision of the Board</heading><content>(a) The Board issues orders in compliance with relevant statutes, including Sections 2001.058 and 2001.141, Government Code.(b) TJJD shall provide notice of the Board's decision in accordance with Section 2001.142, Government Code.(c) Board orders become final in accordance with timelines established in Section 2001.144, Government Code.(d) A summary of final board orders in which certification action is taken, including the name of the individual, certification number(s), if any, and action taken, are maintained by TJJD and are public.(e) Motions for rehearing and appeals of final orders are governed by Chapter 2001, Government Code.</content><note type="source"><p>Source Note: The provisions of this §349.370 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.380"><num value="349.380">§349.380</num><heading>Representation</heading><content>(a) A respondent may choose to appear with or without an attorney or other authorized representative throughout the certification action process. Respondent is responsible for the costs of representation. (b) A respondent's attorney of record shall remain the attorney of record unless the attorney submits a formal request to withdraw to the TJJD attorney involved in the matter except that, if SOAH has acquired jurisdiction, the attorney must comply with SOAH's rules to withdraw.(c) TJJD is represented by an attorney from the Office of General Counsel throughout the certification action process.</content><note type="source"><p>Source Note: The provisions of this §349.380 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scC/s349.390"><num value="349.390">§349.390</num><heading>Costs</heading><content>(a) A party who appeals a final decision in a contested case shall pay all of the cost of preparing an original or certified copy of the agency proceeding that is required to be sent to the reviewing court. A charge imposed under this provision is a court cost and may be assessed by the court in accordance with the Texas Rules of Civil Procedure.(b) A party who requests that any part of the proceedings be transcribed is responsible for paying the cost of the transcription.</content><note type="source"><p>Source Note: The provisions of this §349.390 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c349/scD"><num value="D">SUBCHAPTER D</num><heading>CONFIDENTIALITY AND RELEASE OF ABUSE, EXPLOITATION, AND NEGLECT INVESTIGATION RECORDS</heading><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.400"><num value="349.400">§349.400</num><heading>Purpose</heading><content>The purpose of this subchapter is to clarify to whom and under what circumstances TJJD may disclose information made confidential under §261.201, Family Code.</content><note type="source"><p>Source Note: The provisions of this §349.400 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.410"><num value="349.410">§349.410</num><heading>Definitions.</heading><content>The words and terms used in this subchapter shall have the following meanings, unless the context clearly indicates otherwise:(1) Investigation Records--That portion of the records described in §261.201, Family Code, which were generated by TJJD or submitted to TJJD during the course of an abuse, neglect, or exploitation investigation. (2) Parent--Biological or adoptive parent, possessory conservator, temporary or permanent managing conservator, legal guardian, or other legal representative of the juvenile, provided that the requestor's parental or other legal relationship to the juvenile has not been terminated at the time the request for information is made. (3) Report--Formal notification to TJJD of an alleged incident of abuse, neglect, or exploitation of a juvenile in a juvenile justice program and/or under the jurisdiction of the juvenile court. (4) Reporter--An individual who makes a report to TJJD alleging the abuse, neglect, or exploitation of a juvenile. If more than one individual makes a report alleging abuse, neglect, or exploitation of the same juvenile, all such individuals shall have the designation of reporter.</content><note type="source"><p>Source Note: The provisions of this §349.410 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.420"><num value="349.420">§349.420</num><heading>Confidentiality of and Access to Information</heading><content>(a) A report of subjected abuse, neglect, or exploitation and the files, reports, records, communications, audio recordings, videos, and working papers used or developed in an investigation or in providing services as a result of an investigation are confidential and may be disclosed only for purposes consistent with Chapter 261, Family Code, applicable federal or state law, and in accordance with this chapter.(b) The identity of the person making the report of alleged abuse, neglect, or exploitation is confidential and may be disclosed only:(1) if waived in writing by the person making the report;(2) to a law enforcement officer for the purposes of conducting a criminal investigation of the report; or(3) in accordance with Section 261.201, Family Code.(c) The identity of all juveniles in the investigation report is confidential and will not be released except as authorized by law.(d) A copy of the investigation report, appropriately redacted in accordance with law and Section 349.430 of this chapter, may be provided to the following upon request:(1) juvenile board, chief administrative officer, and facility administrator;(2) the subject in the report;(3) the juvenile victim and/or the juvenile's parents;(4) law enforcement officials for the purpose of investigating allegations of abuse, neglect, or exploitation or criminal activity; (5) a physician who suspects a juvenile may be the victim of abuse, neglect, or exploitation and requires this information for diagnosis, prognosis, or treatment of the juvenile; (6) a government official when specifically required by law; (7) a grand jury; (8) an attorney, attorney ad litem, guardian ad litem, or court-appointed special advocate of a victim; (9) a court in a criminal or civil case arising in connection with an investigation of abuse, neglect, or exploitation; (10) SOAH in a case seeking to impose discipline on a certification or make an individual ineligible for certification;(11) the attorney general of the state, or a county or district attorney, when such attorney represents the state in a proceeding in connection with an investigation; (12) a member of the state legislature when necessary to carry out that member's official duties;(13) pursuant to a Memorandum of Understanding adopted under Section 810.009, Health and Safety Code; and (14) any other person or entity, including other licensing agencies, other government agencies, and law enforcement and prosecutors, when, in the discretion of TJJD, such information is necessary to aid in the protection of juveniles.(e) An individual not otherwise entitled to have access to records under this section, but who participated in, cooperated with, or otherwise contributed to an investigation, may have access only to that portion of the investigation records obtained directly from or pertaining directly to that individual.(f) TJJD shall withhold the release of any investigation records obtained from another source if the release of those records to the requestor is specifically prohibited under state or federal law. Information that may be withheld under this section includes: (1) all medical records subject to the Medical Practices Act, Chapter 159, Occupations Code, unless release to the requestor is authorized under that Act;(2) HIV information unless release to the requestor is authorized under Chapter 81, Health and Safety Code; (3) offense reports, criminal history information, and/or arrest records obtained from a law enforcement entity, unless their release to the requestor is specifically authorized under state or federal law; and(4) adult or juvenile probation records, as well as records related to the taking into custody of a juvenile, unless release to the requestor is specifically authorized under state or federal law. (g) Notwithstanding any other provision in this chapter, TJJD may withhold any information in the investigation records if TJJD determines the release of that information would endanger the life or safety of any individual, including the juvenile, the reporter, and any other person who participates in the investigation. TJJD will keep a record of any information so withheld and will document the specific factual basis for its belief that the release of the information would be likely to endanger the life or safety of an individual.(h) Information withheld from a requestor under this subsection, as well as the documented basis for withholding information under subsection (g) of this section, may be released only upon a court order.</content><note type="source"><p>Source Note: The provisions of this §349.420 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.430"><num value="349.430">§349.430</num><heading>Redaction of Records Prior to Release</heading><content>(a) Unless otherwise permitted by law, prior to the release of investigation records, TJJD shall redact the name, address, and any other information in the record that tends to reveal the identity of the reporter.(b) In the event the reporter also provided a witness statement or other evidence, the reporter's identity as a witness and the information provided in the role of witness will be released. Any information that might identify the individual as the reporter shall be redacted from the record prior to its release. (c) TJJD may, in its discretion, redact personally identifiable information about any person other than the reporter who is referenced in a report. Identifying information includes names, social security numbers, home and work addresses, telephone numbers, and driver's license numbers.</content><note type="source"><p>Source Note: The provisions of this §349.430 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.440"><num value="349.440">§349.440</num><heading>Procedures for Requesting Access to Confidential Information</heading><content>(a) Subject to the exception in §349.460 of this chapter, upon written request for copies of records and a determination that the requestor is entitled to have access to those records pursuant to either these rules or a court order issued in accordance with the provisions in §261.201, Family Code, the TJJD will provide copies of the requested records.(b) Notwithstanding any other provision in this chapter, TJJD may not disclose any information that, if released to the requestor, would interfere with a criminal investigation or prosecution.(c) Records will not be released until the investigation of an allegation of abuse, neglect, and exploitation is complete unless TJJD determines that release prior to completion of the investigation is necessary to aid in the protection of juveniles.(d) Notwithstanding any other provision in this chapter, if TJJD has been sued and determines that the release of the requested records might interfere with the defense of that litigation, TJJD may require that a requestor seek access to records under the appropriate rules of civil procedure rather than under this chapter.</content><note type="source"><p>Source Note: The provisions of this §349.440 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.450"><num value="349.450">§349.450</num><heading>Public Information.</heading><content>TJJD shall compile statewide statistics on the incidence of abuse, neglect, and exploitation as required by §261.402, Family Code.(1) The following statistical data, which contains no case-specific identifiers, is available to the public upon written request: (A) the number of reported allegations of abuse, neglect, and exploitation; (B) the classifications assigned to reported allegations of abuse, neglect, and exploitation; and (C) the dispositions assigned to investigations of reported allegations of abuse, neglect, and exploitation. (2) Upon written request and when necessary to cross-reference statistical data with individual allegations of abuse, neglect, and exploitation reported from an individual county, or for purposes of compliance with §§51.12, 51.125, or 51.126, Family Code, the department, facility, or juvenile board may be entitled to specific case numbers assigned to allegations of abuse, neglect, and exploitation that were reported by the county requesting the data. A county may only request specific case numbers related to allegations of abuse, neglect, and exploitation pertaining to juvenile justice programs and facilities in its own county.(3) No exceptions to disclosure under the Public Information Act, Chapter 552, Government Code, are waived by the exchange, disclosure, or dissemination of juvenile justice information under this rule.</content><note type="source"><p>Source Note: The provisions of this §349.450 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scD/s349.460"><num value="349.460">§349.460</num><heading>Video, Audio Recordings, and Photographs</heading><content>(a) Individuals authorized under §349.420 of this chapter to have access to investigation records may review, in accordance with this section, any video, audio recordings, or photographs that are a part of those records. (1) Access will be permitted only in areas designated by TJJD and at a time mutually convenient to the requestor and TJJD. (2) When viewing or listening to these records, the requestor may not be accompanied by any individual who would not otherwise be entitled to have access to these records, unless the participation of this individual is deemed by TJJD to be appropriate under the circumstances surrounding the request.(b) Copies of video, audio recordings, and photographs may be provided to the individuals or entities identified in §349.420 of this chapter only if TJJD determines that the provision of a copy is essential to the investigation, prosecution, or resolution of a case.</content><note type="source"><p>Source Note: The provisions of this §349.460 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c349/scE"><num value="E">SUBCHAPTER E</num><heading>ADVISORY COUNCIL ON JUVENILE SERVICES</heading><section identifier="/us/state/tx/tac/t37/p11/c349/scE/s349.500"><num value="349.500">§349.500</num><heading>Purpose</heading><content>(a) The purpose of the Advisory Council on Juvenile Services is to advise the Texas Juvenile Justice Board and Texas Juvenile Justice Department on:(1) the needs and problems of juvenile boards and juvenile probation departments;(2) long-range strategic planning;(3) reviews and proposed revisions to standards affecting juvenile probation programs, services, and facilities;(4) the potential cost impact on juvenile probation departments of new standards proposed by the Texas Juvenile Justice Board;(5) recommendations to improve information sharing between agencies that serve children, including agencies serving children involved in both the juvenile justice and child welfare systems; and(6) any other matter at the request of the Texas Juvenile Justice Board.(b) The goal of the advisory council is to provide actionable, direct, and inclusive feedback from the local perspective to the Texas Juvenile Justice Board and Texas Juvenile Justice Department so the unified juvenile justice system can collectively develop and improve the state's comprehensive continuum of care for youth; prioritize evidence-based rehabilitative services; and ensure safety for youth, staff, and the public.(c) The advisory council is composed of 15 members, as specified in Chapter 203, Human Resources Code. Members, excluding ex officio members, serve staggered two-year terms. Texas Juvenile Justice Board-appointed members shall receive training on the advisory council's purpose, role, and procedures within 30 days of their appointment.(d) If a vacancy occurs on the council during a member's term, the Texas Juvenile Justice Board must appoint a replacement who meets the qualifications of the vacant position to serve for the remainder of the term.(e) A majority of advisory council members, excluding ex officio members as defined in Chapter 203, Human Resources Code, constitutes a quorum. A quorum must be present to vote on action items that will be submitted to the Texas Juvenile Justice Board for consideration. (f) Ex officio members have the same rights and privileges as other members, including the right to vote. These members are not counted when determining the number of members who represent a quorum or in determining whether a quorum is present.(g) An advisory council member shall avoid the appearance of a conflict of interest by not voting or participating in a decision by the council that solely benefits, solely penalizes, or otherwise solely impacts the county or juvenile probation department over which the member has authority.(h) The advisory council's presiding officer or designee shall periodically update the board on the council's activities, progress on board directives, and issues impacting juvenile probation programs, services, and facilities.(i) The advisory council is subject to Chapter 552, Government Code, as the act applies to bodies that are solely advisory in nature.(j) The advisory council is not subject to Chapter 2110, Government Code. The department shall evaluate the continuing need for and recommendations to improve the council during the rule review process established under Chapter 2001, Government Code.</content><note type="source"><p>Source Note: The provisions of this §349.500 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c349/scE/s349.550"><num value="349.550">§349.550</num><heading>Removal of Members</heading><content>It is a ground for removal from the council if a member is absent from more than half of the regularly scheduled meetings that the member is eligible to attend during a calendar year unless the absence is excused by majority vote of the council.</content><note type="source"><p>Source Note: The provisions of this §349.550 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c349/scF"><num value="F">SUBCHAPTER F</num><heading>DATA</heading><section identifier="/us/state/tx/tac/t37/p11/c349/scF/s349.600"><num value="349.600">§349.600</num><heading>Access to Data Collected</heading><content>For planning and research purposes, all juvenile probation departments participating in the implementation of the state's regionalization plan developed under Chapter 203, Human Resources Code, are authorized to access data that any participating departments have submitted through the juvenile case management system.</content><note type="source"><p>Source Note: The provisions of this §349.600 adopted to be effective September 1, 2025, 50 TexReg 2616.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c351"><num value="351">CHAPTER 351</num><heading>STANDARDS FOR SHORT-TERM DETENTION FACILITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c351/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c351/scA/s351.1"><num value="351.1">§351.1</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Alleged Victim--A juvenile alleged as being a victim of abuse, exploitation or neglect.(2) Attempted Suicide--Any action a resident takes that could result in taking his or her own life voluntarily and intentionally while detained or placed in a short-term detention facility.(3) Chemical Agents--Oleorsin Capsicum (OC) pepper spray, or Orthoclhorobenzalmalonoitrile (tear gas).(4) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department or a multi-county juvenile judicial district.(5) Commission--The Texas Juvenile Probation Commission.(6) Contraband--Any item not issued to employees for the performance of their duties and which employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual, which a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:(A) firearms;(B) knives;(C) ammunition;(D) drugs;(E) intoxicants;(F) pornography; and(G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of or family members of a resident.(7) Design Capacity--The number of people that can safely occupy a building or space as determined by the original architectural design and any building modifications, licensing, accreditation, regulatory authorities, and building codes.(8) Facility Administrator--Individual designated by the Chief Administrative Officer or juvenile board, as the on-site program director or superintendent of a short-term detention facility.(9) Health Care Professional--Practitioner licensed or certified by:(A) the Texas Board of Nurse Examiners;(B) the Texas Board of Medical Examiners;(C) the State Board of Physician Assistants; or(D) the Texas Department of Health.(10) Mental Health Professional--Practitioner licensed or certified by:(A) the Texas State Board of Examiners of Professional Counselors;(B) the Texas State Board of Examiners of Marriage and Family Therapists;(C) the Texas Department of Health;(D) the Texas Commission on Alcohol and Drug Abuse;(E) the Texas State Board of Examiners of Psychologists; and(F) the Texas Board of Social Worker Examiners provided the licensure is either as an advanced practitioner or advanced clinical practitioner;(G) the Texas State Board of Medical Examiners; or(H) mental health professionals employed by the Texas Department of Mental Health and Mental Retardation or an entity that contracts as a service provider with the Texas Department of Mental Health and Mental Retardation.(11) Primary Control Room--A restricted or secure area from which entrance into and exit from a secure facility is controlled. The primary control room also contains the emergency, monitoring, and communications systems and is staffed 24 hours each day that residents are in the facility.(12) Resident--A juvenile or other individual that has been admitted into a short-term detention facility.(13) Short-Term Detention--The temporary secure custody of a juvenile or other individual pending the first hearing to be conducted under Texas Family Code §54.01.(14) Short-Term Detention Facility ("Facility")--A facility used to provide temporary secure custody of a juvenile or other individual pending the first detention hearing to be conducted under Texas Family Code §54.01.(15) Short-Term Detention Officer--A person whose primary responsibility is the supervision of the daily activities of the short-term detention facility's residents.(16) TJPC Standard Screening Tool--An instrument approved by the Commission that screens the juvenile's needs in the area of mental health.</content><note type="source"><p>Source Note: The provisions of this §351.1 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c351/scB"><num value="B">SUBCHAPTER B</num><heading>SHORT-TERM DETENTION FACILITY STANDARDS</heading><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.2"><num value="351.2">§351.2</num><heading>Administration and Management</heading><content>(a) Policies and Procedures. The juvenile board shall approve policies and procedures for the facility or approve the policies and procedures of a private provider operating a facility within its county under contract with the Juvenile Board and/or the County.(b) Certification and Registration. The juvenile board's current facility certification and the Commission's registration shall be posted within the facility in a public area.(c) Facility Administrator.(1) There shall be a single facility administrator on-site that is designated to oversee the daily operations of the facility.(2) The person designated as the facility administrator may be the county or judicial district's chief administrative officer.(3) A short-term detention officer shall be designated to be in charge during the facility administrator's absence.(d) Duties of Facility Administrator. The duties of the facility administrator shall include, but shall not be limited to the following:(1) reviewing the facility's policy and procedure manual on an annual basis and maintaining documentation of this review; and(2) maintaining personnel records for each employee which shall include:(A) proof of age;(B) documentation of criminal background checks under §351.30(b)(4) of this chapter and Chapter 344, Subchapter C of this title;(C) the application for employment;(D) performance evaluations;(E) training records; and(F) documentation of promotion, demotion, termination and other personnel actions.</content><note type="source"><p>Source Note: The provisions of this §351.2 adopted to be effective September 1, 2003, 28 TexReg 2953; amended to be effective September 1, 2010, 35 TexReg 7081.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.4"><num value="351.4">§351.4</num><heading>Intake, Admission and Release</heading><content>(a) Intake. Any individual presented for admission for detention in a short-term detention facility and in need of emergency medical care due to injury, illness or intoxication or in need of mental health intervention shall not be admitted into the short-term detention facility.(1) The referring person shall be directed to a health care facility to have the individual evaluated and treated.(2) Subsequent admission to the short-term detention facility is contingent upon written medical clearance provided by a medical or mental health professional.(b) Intoxicated Individuals.(1) Anyone admitted into a short-term detention facility shall be assessed to determine need for detoxification from alcohol or other substances.(2) Intoxicated individuals who have been medically cleared for admission should be segregated from other residents and closely monitored by staff.(c) Intake and Release.(1) An intake or other officer authorized by the court shall be on duty at the facility or on call 24 hours a day.(2) Written policy shall state the conditions under which the intake officer may authorize the conditional release of a resident referred to the facility.(d) Orientation.(1) A short-term detention officer shall orient each newly admitted resident to the facility.(2) The orientation shall include an explanation of the following:(A) facility's rules; and(B) grievance procedures.(e) Personal Property. Written policy shall describe the procedures regarding the handling of residents' personal property held by the facility.(f) Bedding. Each resident shall be provided suitable clean bedding including sheets, pillow and pillowcase, mattress, and blankets.(g) Clothing. Clean clothing is to be provided upon admission.(h) Personal Hygiene. Residents shall be required to bathe or shower upon admission.(i) Notice. Each resident shall be informed of the procedures in which health care services shall be provided.(j) Assessment Period. Upon entering a short-term detention facility, a resident may be placed in room confinement for purposes of assessing the risks and needs of the resident in accordance with the following:(1) the assessment period shall not last more than 24 hours;(2) short-term juvenile detention officers shall document their assessment of residents during this 24-hour period; and(3) short-term juvenile detention officers shall conduct and record room checks at staggered intervals not to exceed 15 minutes.(k) Health Screening. Within one hour of admission, a health screening shall be conducted on each resident. Information obtained shall include but is not limited to:(1) mental health problems;(2) suicide risk in accordance with §351.13(d)(1)(A)(ii) of this chapter;(3) current state of health including:(A) allergies;(B) other chronic conditions;(C) tuberculosis;(D) sexually transmitted diseases; and(E) other infectious diseases.(4) current use of medication including type, dosage, and prescribing physician;(5) dental problems;(6) vision problems;(7) drug and alcohol use;(8) physical disabilities; and(9) evidence of physical trauma.(l) Screening Results. Any finding of the health screening that indicates a significant potential health risk to the staff and residents shall be immediately reported to the facility administrator and the affected resident shall be placed in medical confinement until proper medical clearance is obtained.(m) Screening. The TJPC Standard Screening Tool shall be administered to each resident that is admitted into the short-term detention facility.(1) The tool shall be administered within 24 hours from the time the resident is admitted into detention.(2) A copy of the completed tool shall be provided to the supervising juvenile probation officer.(3) A copy of the completed tool shall be provided to the receiving pre-adjudication secure detention facility upon transfer from the short-term detention facility.(n) Release. Procedures for releasing residents shall include:(1) verification of identity of the person receiving custody;(2) verification of release authorization;(3) signed release by resident for return of personal property; and(4) receipt signed by person receiving custody.</content><note type="source"><p>Source Note: The provisions of this §351.4 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.5"><num value="351.5">§351.5</num><heading>Supervision</heading><content>(a) Gender.(1) If residents of both genders are housed within the short-term detention facility, short-term detention officers of both genders shall be on duty and available to the residents for every shift.(2) Short-term juvenile detention officers of one gender shall be the sole supervisors of residents of the same gender during showers, physical searches, pat downs, disrobing of suicidal youth, or during other times in which personal hygiene practices or needs would required the presence of a short-term detention officer of the same gender.(b) Ratios.(1) The short-term juvenile detention officer to resident ratio shall not be less than 1 short-term detention officer to every 8 residents.(2) An individual hired as a short-term detention officer may count toward meeting the detention officer to resident ratio under subsection (b)(1) of this section so long as the individual:(A) has received training in recognizing and reporting abuse, exploitation and neglect;(B) has been certified in(i) first aid;(ii) cardio-pulmonary resuscitation; and(iii) a TJPC approved physical restraint technique; and(C) has received training on the contents and implementation of the suicide prevention plan.(c) Level of Supervision.(1) When present outside of their rooms, residents shall be in the constant physical presence of a short-term detention officer.(2) Private visitation between one resident and an attorney, authorized visitor or clergy does not require the constant physical presence of a short-term detention officer.(3) When residents are placed inside of their rooms, the short-term detention officer shall:(A) visually observe each resident at staggered intervals not to exceed 15 minutes; and(B) document each observation made with the time of the observation and a general description of the resident's behavior.(d) Communication. At least one short-term detention officer on every shift shall carry on their person two-way radio communication with local law enforcement.(e) Technology. Video and audio monitoring devices shall not substitute for supervision by short-term juvenile detention officers.</content><note type="source"><p>Source Note: The provisions of this §351.5 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.6"><num value="351.6">§351.6</num><heading>Data Collection</heading><content>The facility administrator shall ensure that accurate annual statistics are gathered and recorded, including:(1) total number of admissions;(2) total days of care provided;(3) residents' age;(4) residents' gender;(5) residents' race;(6) referring offense of those detained;(7) length of stay;(8) average cost per resident per day;(9) total number of physical restraints applied;(10) total number of mechanical restraints applied;(11) total number of room confinements;(12) total number of resident related injuries to detention staff; and(13) total number of incidents where chemical agents were applied.</content><note type="source"><p>Source Note: The provisions of this §351.6 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.7"><num value="351.7">§351.7</num><heading>Residents' Records</heading><content>(a) Facility Records. The facility shall maintain:(1) dated and signed record of entries by the staff supervising the residents;(2) a daily report of admissions and releases; and(3) a single document to identify all residents in the facility and their housing assignment.(b) Admission Records. At the time of admission, the following information will be documented in each resident's admission record:(1) date and time of admission;(2) name;(3) nicknames and aliases;(4) social security number;(5) last known address;(6) detention criteria as required by the Texas Family Code §53.02(b);(7) referring offense;(8) name of attorney;(9) name, title, and signature of delivering individual;(10) gender;(11) race:(12) date of birth;(13) place of birth;(14) citizenship;(15) current education level;(16) last school attended;(17) name, relationship, address, and phone number of parents, guardian, or persons with whom the resident resides at admission; and(18) health assessment.(c) Residents Records Maintenance. Resident records shall be maintained in accordance with:(1) a uniform format for identifying and separating files, and(2) procedures to ensure confidentiality of records.(d) Resident Record Contents. Each resident's record shall include at least the following:(1) offense report, offense narrative, arrest warrant, or directive to apprehend;(2) signed inventory of cash and property surrendered signed by the resident and short-term detention officer;(3) list of approved visitors;(4) name of assigned probation officer;(5) record of resident's notification of program rules and disciplinary policy;(6) record of resident's notification of the facility's grievance procedures;(7) behavioral record including any special incidents, discipline, or grievances;(8) referrals to other agencies;(9) a copy of the completed TJPC standard screening tool; and(10) final release or transfer report.</content><note type="source"><p>Source Note: The provisions of this §351.7 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.8"><num value="351.8">§351.8</num><heading>Physical Plant</heading><content>(a) Sleeping Units. All sleeping rooms constructed and/or placed into operation on or after the effective date of this standard shall be utilized as single occupancy.(1) Sleeping rooms constructed and/or placed into operation on or after the effective date of this standard shall have a minimum ceiling height of seven and one-half feet.(2) Sleeping rooms constructed and/or placed into operation on or after the effective date of this standard shall have a minimum of 60 square feet of floor space.(3) Residents held in sleeping rooms shall have access to a toilet above floor level, a washbasin, drinking water, running water, and a bed above floor level.(4) There shall be separate sleeping rooms for male and female residents.(b) Exits. Facility exits shall be clear of obstruction and properly marked for evacuation in the event of fire or other emergency.(c) Storage. Storage of cleaning supplies and equipment shall not be accessible to residents.(d) Safety Plan. Written policies shall promote the safety of residents, staff, and visitors. The policies shall be reviewed annually with written documentation submitted by a qualified fire prevention and safety officer. These shall include, but shall not be limited to:(1) maintenance of a current fire drill log;(2) proper disposal of combustible refuse;(3) a posted plan for prompt evacuation of the facility;(4) required quarterly fire drills on all shifts; and(5) procedures for use and control of flammable, toxic, and caustic materials.(e) Safety Codes. The facility shall conform to the provisions set forth in the Life Safety Code, National Fire Protection Association (NFPA), 101 and/or any applicable state and local fire safety codes. The Life Safety Code may be substituted with local government ordinances/codes only if said ordinances/codes are specifically written to include building occupancy for detention and correctional usage.(1) A formalized facility Life Safety/fire safety inspection shall be completed prior to the facility becoming operational.(2) All subsequent Life Safety/fire safety shall be conducted at least annually.(3) All inspection reports shall be reduced to written documentation which shall include:(A) an enumeration of the specific codes used during the inspection;(B) any corrective action required;(C) the name and title of person conducting the inspection; and(D) the date(s) of the inspection.(f) Population. The population of the facility shall not exceed the rated capacity of the facility.(g) Lighting. There shall be lighting available for the residents.(h) Lavatory. There shall be a toilet and washbasin for at least every five residents.(i) Facility Design. All housing areas shall provide for the following:(1) an operable shower or bath with hot and cold running water for at least every ten residents;(2) fully functioning:(A) heating systems;(B) ventilation systems; and(C) cooling systems.(3) access to a drinking fountain.(j) New Facilities. All facilities placed into operation on or after the effective date of this standard shall provide for the following:(1) Natural Lighting. All housing areas shall provide natural light available from a source within 20 feet of the area.(2) Disabled Residents. Rooms or housing units used by disabled residents shall be designed for their use and provide for their safety and security in accordance with state and federal law.(3) Personal Property. Space shall be provided for secure storage of the resident's personal property.(4) Alternate Power Source. The facility shall have an alternate source of power to operate:(A) operate lights;(B) communications systems; and(C) electric door locks.(5) Preventive Maintenance.(A) A written plan shall provide for emergency repair or replacement of equipment.(B) Power systems shall be tested at least every two weeks, the results documented and any deficiencies corrected.(C) All emergency equipment and systems shall be tested at least monthly, the results documented and any deficiencies corrected.(6) Ventilation. An alternate means of ventilation shall be maintained in case regular power is interrupted.(7) Access for Individuals with Disabilities. All parts of the facility that are accessible to the public shall be accessible to and usable by staff and visitors with physical disabilities in accordance with the Americans with Disabilities Act.(8) Secure Storage. There shall be a location for secure storage of restraining devices, and related security equipment. This equipment shall be readily accessible to authorized persons.(k) Co-located Facilities. If the short-term detention facility is located in the same building or is on the grounds of any type of adult corrections facility, it shall be a separate, self-contained unit. All applicable federal and state laws pertaining to the separation of juveniles from adult inmates shall apply.</content><note type="source"><p>Source Note: The provisions of this §351.8 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.9"><num value="351.9">§351.9</num><heading>Security and Control</heading><content>(a) Policy. Written policies for security and control of the facility shall include the following:(1) procedures to continue operation in the event of a work stoppage;(2) key control;(3) control of the use of:(A) tools;(B) medical equipment; and(C) kitchen tools; and(4) provisions to prevent firearms from entering the secure area of the facility.(5) Written procedures for coordination with law enforcement authorities in the case of riot, rebellion, escape, or other situations requiring assistance from city, county, or state law enforcement agencies.(b) Searches. Searches shall be conducted according to written policies limited to the following conditions:(1) residents may be required to submit to a pat down/frisk search to prevent concealment of contraband and as necessary for facility security;(2) residents may be required to submit to an oral cavity search to prevent concealment of contraband, to ensure the proper administration of medication, and as necessary for facility security;(3) residents may be required to surrender their clothing and submit to a search as necessary for facility security;(4) residents may be required to undergo an anal or genital body cavity search only if there is probable cause to believe that they are concealing contraband; and(5) an anal or genital body cavity search may be conducted only by a physician.(c) Special Incidents.(1) All special incidents including, but not limited to, riots, rebellion, the taking of hostages, escapes, and assaults shall be reported in writing to the facility administrator.(2) A copy of the report shall be placed in the permanent file of the resident(s) involved in the incident.(d) Perimeter Security. The facility shall be constructed so that residents remain within the premises and the general public is denied access without authorization. Perimeter security shall be maintained at all times.</content><note type="source"><p>Source Note: The provisions of this §351.9 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.10"><num value="351.10">§351.10</num><heading>Rules and Discipline</heading><content>(a) Prohibited Sanctions. The following sanctions shall be prohibited:(1) corporal punishment;(2) humiliating punishment;(3) one resident sanctioning another;(4) group punishment for the acts of an individual;(5) deprivation of food;(6) deprivation of clothing;(7) deprivation of sleep;(8) deprivation of medical services; and(9) physical exercise used for discipline, compliance, or intimidation.(b) Enforcement.(1) Rule violations and corresponding staff actions shall be recorded in the resident's record.(2) Law Violations. When a resident is alleged to have committed a felony or a class A or B misdemeanor while in the facility, the case shall be referred to a law enforcement agency for possible investigation and/or prosecution.</content><note type="source"><p>Source Note: The provisions of this §351.10 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.11"><num value="351.11">§351.11</num><heading>Food</heading><content>(a) Nutritional Requirements. Meals shall be well balanced and nutritious.(b) Modified Diets. Modified diets shall be provided in the following circumstances:(1) upon the recommendation of a physician or dentist; or(2) when a resident's religious beliefs require it.(c) Staff Meals. Facility staff on duty where residents are eating need not eat, but if they do, they shall eat the same food served to the residents unless:(1) a special diet has been ordered by staffs' physician or dentist; or(2) a special diet is required by staff's religious beliefs.(d) Daily Schedule.(1) Three meals shall be provided daily.(2) Two of the meals shall be hot.(3) No more than 14 hours may elapse between the evening meal and breakfast unless a snack is provided.(4) Residents shall be allowed no less than 10 minutes to eat.</content><note type="source"><p>Source Note: The provisions of this §351.11 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.12"><num value="351.12">§351.12</num><heading>Hygiene</heading><content>(a) Bedding and Towels. Bed linens shall be clean.(b) Housekeeping Plan. A written housekeeping plan shall be followed which promotes cleanliness, facility sanitation, and control of vermin and pests.(c) Clothing. Clean socks and underclothing shall be issued daily.(d) Personal Hygiene. Residents shall be required to bathe or shower daily.(e) Hygiene Plan. Residents shall be given appropriate instruction on hygiene and shall be required to comply with acceptable rules of personal cleanliness and oral hygiene.</content><note type="source"><p>Source Note: The provisions of this §351.12 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.13"><num value="351.13">§351.13</num><heading>Health Care Services</heading><content>(a) Medical Referral. If a staff member believes any resident to be in need of immediate medical attention or if a resident requests treatment, the resident shall be referred for medical services.(b) Medical Release. Documentation of consent for medical treatment received in accordance with Texas Family Code Section 32.001, shall be maintained in applicable resident files.(c) Medication. In accordance with Texas Human Resources Code Section 142.005, the juvenile board shall adopt a policy concerning the administration of medication to residents. The policy shall include which facility employees are authorized to administer medication to residents.(d) Suicidal Youth.(1) Prevention Plan.(A) Each facility shall have a written suicide prevention plan developed in consultation with a mental health professional that addresses the following components:(i) definitions of high risk and moderate risk suicidal behavior;(ii) screening methodology to assess a resident's risk of suicide upon admission and upon any indication a resident previously screened may now be at moderate or high risk for suicidal behavior;(iii) communication among facility staff, mental health professionals, the resident, and the resident's parent or guardian including communication regarding observations or indications a resident previously screened may now be at moderate or high risk for suicidal behavior;(iv) level of supervision for residents assigned to moderate or high risk for suicidal behavior;(v) policy and procedure for intervening in suicide attempts;(vi) reporting of resident suicides and attempted suicides in accordance with any applicable state law, administrative standard, or local policy or ordinance;(vii) training on the contents and implementation of the suicide prevention plan;(viii) housing of residents assigned to moderate or high risk of suicidal behavior including the removal from the resident's presence any dangerous objects; and(ix) mortality reviews designed to review the facility's compliance and possible needed revisions to the suicide prevention plan following a resident's suicide.(B) All short-term juvenile detention officers shall be trained annually in the implementation of the suicide prevention plan.(C) Review.(i) The suicide prevention plan shall be reviewed on an annual basis in consultation with a mental health professional.(ii) The suicide prevention plan shall be included in the facility administrator's review of the facility's policies and procedures in accordance with §351.2(d)(1) of this chapter.(2) Level of Supervision.(A) Moderate Risk for Suicidal Behavior. During non-program hours, or any time a resident classified as a moderate risk for suicidal behavior is confined or restricted from the general population:(i) The resident shall be visually checked by a short-term juvenile detention officer at staggered intervals not to exceed every 10 minutes.(ii) The short-term juvenile detention officer shall document each visual observation made with the time of the observation and a general description of the resident's behavior.(B) High Risk for Suicidal Behavior.(i) Supervision. During non-program hours, or any time a resident classified as high risk for suicidal behavior is confined or restricted from the general population:(I) the resident shall be under the continuous, uninterrupted visual supervision of a short-term juvenile detention officer; and(II) the short-term juvenile detention officer shall document physical observations of a high risk resident at staggered intervals of no less than every 30 minutes.(ii) Required Documentation. The following documentation shall be maintained for high-risk residents and shall be posted where it is immediately accessible to the short-term juvenile detention officer providing supervision to the high risk resident:(I) the date and time the resident was classified as high risk;(II) who classified the resident as high risk;(III) a description of the resident's behavior that caused the resident's classification as high risk;(IV) who has been assigned to supervise the resident;(V) the location for the resident's supervision;(VI) the date and time the resident was reclassified as no longer being high risk; and(VII) the name of the mental health professional who reclassified the resident as no longer being high risk.(C) A short-term juvenile detention officer assigned to work in a facility's primary control room may not provide supervision under paragraph (2)(A) or (2)(B) of this subsection.(D) Video and audio monitoring devices shall not substitute for supervision by a short-term juvenile detention officer under paragraph 2(A) or (2)(B) of this subsection.(3) Mental Health Referral.(A) The facility shall refer a resident classified as exhibiting a high risk for suicidal behavior to a mental health professional as defined by §351.1(10)(A), (B), (E), (F) and (G) of this chapter within 24 hours from the time the resident is classified as a high risk for suicidal behavior.(B) The facility shall maintain written documentation that the referral under subparagraph (A) of this paragraph was made. The documentation shall include:(i) who notified the mental health professional or mental health agency;(ii) the date and time of the notification;(iii) the method of notification; and(iv) a brief description of the response provided by the mental health professional or mental health agency.(C) Prior to being removed from a high risk for suicidal behavior designation/classification, a mental health professional as defined by section §351.1(10)(A) (B) (E) (F) and (G) of this chapter shall conduct an assessment of the resident's suicide risk and issue a written recommendation which addresses the following:(i) the need to re-classify the resident's suicide risk level;(ii) the need for intervention strategies and/or services during the resident's period of incarceration within the facility; and(iii) the need for additional assessment(s).(D) The mental health professional's written recommendation shall be maintained in the resident's record.(E) Only the facility administrator or their designee may remove a resident from being designated/classified as being a high risk for suicidal behavior paragraph (2)(B) of this section.</content><note type="source"><p>Source Note: The provisions of this §351.13 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.14"><num value="351.14">§351.14</num><heading>Communications</heading><content>(a) Visitation.(1) Written policies shall allow for regularly scheduled visitation and procedures for emergency visitation.(2) The parents or guardians of the resident shall be provided a copy of the visitation schedule.(3) A registry shall be maintained to document the name and relationship to the resident of all visitors.(4) Attorneys and their representatives may visit residents at any time.(b) Telephone.(1) Written policies shall allow reasonable and fair access to telephones and detail the specific time, length, and other limitations on calls.(2) The parents or guardians of the resident shall be provided a copy of the policy.(c) Mail.(1) Limitations. A resident's rights to privacy and correspondence may not be limited except when:(A) probable cause exists to suspect that the correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to escape from the facility or to violate state or federal laws. If such cause exists, then facility staff shall:(i) ask the resident's permission to read the letter;(ii) if permission is denied, request a search warrant prior to opening and reading the letter; and(iii) if a search warrant request is denied, the correspondence shall be provided to the resident;(B) Communication with certain individuals is specifically forbidden by:(i) the resident's court ordered rules of probation or parole; or(ii) by the facility's rules of separation; or(iii) a specific list of individuals furnished by a minor resident's parents or guardian indicating who they feel should not communicate with the resident.(iv) Such incoming correspondence shall be returned unopened to the sender.(2) Withholding mail. When mail is withheld from the resident, the reasons shall be documented.(3) Materials and Postage. Upon request, residents shall be furnished with writing materials and postage for no fewer than two letters.(4) Legal Correspondence. Residents shall be furnished adequate postage for legal correspondence.(5) Forwarding Mail. Provisions shall be made to forward mail when the resident is released or transferred.(6) Inspection. Mail may be opened by staff only in the presence of the resident with inspection limited to searching for contraband. Money received in the mail shall be held for the resident in their personal property inventory, with receipt provided, or returned to the sender.</content><note type="source"><p>Source Note: The provisions of this §351.14 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.15"><num value="351.15">§351.15</num><heading>Residents' Rights</heading><content>(a) Illegal Discrimination. Residents shall not be subjected to discrimination based on race, national origin, religion, sex, or disability.(b) Supervision. Residents shall not be subjected to supervision and control by other residents. Supervision is to be exercised only by short-term detention officers .(c) Legal Counsel. Residents have the right to confidential contact with attorneys through telephone, uncensored letters, and personal visits.(d) Work. Residents may not be required to work unless the activity is related to general housekeeping or as required by a court order or deferred prosecution agreement for community service restitution.(e) Visitation and Communication. Residents have the right to receive visitors and to communicate and correspond subject only to the limitations necessary to maintain facility security and control.(f) Use of Medication. Except upon the order of a physician, no stimulant, tranquilizer, or psychotropic drug shall be administered to residents.(g) Experimentation. Participation by residents in medical, pharmaceutical, or cosmetic experiments is prohibited.(h) Grievances. The facility shall have a written grievance procedure with at least one level of appeal.(i) Religion. Residents may participate in religious services and religious counseling voluntarily, subject to the limitations necessary to maintain facility security and control.(j) Services.(1) Residents have the right to a program of services including:(A) one hour of physical exercise per day outside of the resident's cell/sleeping unit; and(B) one hour of unstructured activity per day outside of the resident's cell/sleeping unit.(2) Denial of a service under paragraph (1)(A) and (B) of this section shall not be used as a means of disciplining a resident. Denial of a service under paragraph (1)(A) of this subsection and paragraph (1)(B) of this subsection may only occur during the resident's assessment period under §351.4(k) of this title or if the resident poses a threat to himself or others.(k) Treatment and Safety. Residents shall not be subjected to abuse, neglect or exploitation as defined in Chapter 261, Texas Family Code.</content><note type="source"><p>Source Note: The provisions of this §351.15 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.16"><num value="351.16">§351.16</num><heading>Volunteers and Interns</heading><content>If a short-term detention facility has or develops a volunteer or internship program, the juvenile board shall adopt the following policies:(1) a description of the authority, responsibility and accountability of volunteers and interns who work with the department;(2) performance of a Texas criminal history background search (TCIC).(3) performance of a local law enforcement sex offender registration records check in the city or county where the volunteer or intern resides.(4) selection and termination criteria including disqualification based on criminal history;(5) orientation and training requirements including training on recognizing and reporting abuse, exploitation and neglect;(6) a requirement that volunteers and interns meet minimum applicable professional requirements; and(7) a provision for a volunteer and intern registry sign-in log.</content><note type="source"><p>Source Note: The provisions of this §351.16 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scB/s351.17"><num value="351.17">§351.17</num><heading>Waivers and Variances</heading><content>Unless expressly prohibited by another standard, the juvenile board, chief administrative officer or facility administrator may make an application for waiver and the juvenile board may make an application for variance of any standard or standards adopted by the Commission in accordance with §349.200 of this title.</content><note type="source"><p>Source Note: The provisions of this §351.17 adopted to be effective September 1, 2003, 28 TexReg 2953; amended to be effective September 1, 2010, 35 TexReg 7081.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c351/scC"><num value="C">SUBCHAPTER C</num><heading>SHORT-TERM JUVENILE DETENTION OFFICERS</heading><section identifier="/us/state/tx/tac/t37/p11/c351/scC/s351.30"><num value="351.30">§351.30</num><heading>Employment of Short-Term Juvenile Detention Officers</heading><content>(a) Qualifications for Employment.(1) Short-Term Juvenile Detention Officers and Supervisors of Short-Term Juvenile Detention Officers.(A) An applicant for the position of a short-term juvenile detention officer, or supervisor of short-term juvenile detention officers shall be at least 21 years of age; and(B) have either a high school diploma or a general equivalency diploma from a high school or issuing authority within the United States of America. An applicant with a high school diploma issued in a foreign country or who completed high school under home schooling may be hired contingent upon a successful validation of the applicant's high school diploma or high school education under subparagraph (C) of this paragraph.(C) Validation of High School Diploma or High School Education:(i) Method of Validation. An applicant with a foreign high school diploma, or who received a high school education through home schooling shall validate his/her high school diploma within 3 months from the applicant's date of hire using one of the following methods:(I) obtaining unconditional acceptance into a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board;(II) receiving a general equivalency diploma;(III) obtaining evaluation of their high school diploma as the equivalent to a high school diploma received within the United States of America by an educational evaluation service approved by the Commission; and(IV) providing documentation of the conferral of a bachelor's or master's degree from a university or college accredited by an accrediting organization approved by the Texas Higher Education Coordinating Board.(ii) A short-term detention officer subject to subparagraph (C) of this paragraph who fails to validate his/her high school education within the three month time frame shall not be the sole supervisor of residents under §351.5(a)(2) of this title, nor count toward meeting the supervision ratio under §351.5(b) of this title.(2) Facility Administrator. An applicant for the position of facility administrator shall:(A) have a bachelor's degree conferred by a college or university accredited by an accrediting organization recognized by the Texas Higher Education Coordinating Board; and(B) have either:(i) one year of graduate study in criminology, corrections, counseling, law, social work, psychology, sociology; or(ii) have one year of experience in full-time casework, counseling, community group work in criminal justice or a related field.(C) If necessary, and in accordance with Title 37 Texas Administrative Code §341.39, the juvenile board, or chief administrative officer shall apply to the Commission for an exemption of the one year of experience or graduate study prior to the employment of an individual as the facility administrator.(b) Criminal Records Check. Prior to employing a person as a short-term juvenile detention officer, supervisor of short-term juvenile detention officers, or facility administrator, the facility administrator, chief administrative officer, juvenile board or their designee shall initiate a criminal history check in accordance with the following guidelines:(1) The following criminal history checks shall be conducted:(A) a Texas criminal history background search (TCIC);(B) a local law enforcement sex offender registration records check in the city or county where the applicant resides; and(C) a Federal Bureau of Investigation fingerprint based criminal history background search (NCIC).(2) In addition to the requirements of paragraph (1) of this subsection, if the applicant currently resides in one of the following states, or resided in one of the following states within the 10 years prior to the date the employment application was made, a state criminal history background search and state sex offender registration check shall also be conducted where available:(A) Hawaii;(B) Kansas;(C) Kentucky;(D) Louisiana;(E) Maine;(F) Massachusetts;(G) New Hampshire;(H) Rhode Island;(I) Tennessee;(J) Vermont; and(K) the District of Columbia.(3) An Internet based criminal background search shall not be used to conduct the background searches required under subsection (b)(1)(A) or subsection (b)(1)(C) of this section.(4) A copy of the returned criminal history checks shall be retained in the facility's records.(5) Continued employment shall be contingent upon the completion and return of criminal history checks that show the individual has no disqualifying criminal history in accordance with §351.30(c)(1) of this title.(c) Disqualification from Employment.(1) Criminal History. A person with the following criminal history shall be disqualified from employment as a short-term juvenile detention officer, supervisor of juvenile detention officers, or administrative officer.(A) a felony conviction against the laws of this state, another state, or the United States within the past 10 years;(B) a deferred adjudication for a felony against the laws of this state, another state, or the United States within the past 10 years;(C) current felony probation or parole;(D) a jailable misdemeanor conviction against the laws of this state, another state or the United States within the past 5 years;(E) a deferred adjudication for a jailable misdemeanor against the laws of this state, another state, or the United States within the past 5 years;(F) current misdemeanor probation or parole; or(G) registration as a sex offender under Chapter 62, Texas Code of Criminal Procedure(H) Waiver/Variance. A request for waiver or variance under §349.200 of this title may not be requested for any Class A misdemeanor or felony under this section unless the person received a pardon based upon proof of innocence or the reversal of a finding of guilt by a trial or appellate court.(2) Revocations and Suspensions. An individual whose certification has been revoked by the Commission shall never qualify for employment as a juvenile detention officer, supervisor of detention officers or administrative officer.(A) An individual whose certification is currently under a suspension order issued as a result of a disciplinary action pursuant to Chapter 349 of this title shall not qualify for employment as a juvenile detention officer, supervisor of juvenile detention officers, or administrative officer so long as the suspension order remains in effect.(B) An individual whose certification is currently under a mandatory suspension order issued as a result of failure to pay child support pursuant to §349.385 of this title shall not qualify for employment as a juvenile detention officer, supervisor of juvenile detention officers, or administrative officer until the Commission receives an order issued under Texas Family Code §232.013 staying or vacating the license suspension.(d) Applicability. This section applies to all individuals hired on or after the effective date of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §351.30 adopted to be effective September 1, 2003, 28 TexReg 2953; amended to be effective June 12, 2005, 30 TexReg 3435; amended to be effective September 1, 2010, 35 TexReg 7081.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scC/s351.31"><num value="351.31">§351.31</num><heading>Training</heading><content>(a) Training Required Before Assuming Duties. Before assuming duties as the facility administrator and before providing supervision to residents, the facility administrator and all short-term detention officers shall be trained in recognition and reporting of abuse, exploitation and neglect, the contents and implementation of the facility's suicide prevention plan, and hold current certification in first aid, cardio-pulmonary resuscitation, and a physical restraint technique that has been approved by the Commission.(b) Training Required Within 60 Days from Date of Hire.(1) Within 60 days from the date of hire, the facility administrator and short-term detention officers shall be trained in the following subjects:(A) Introduction to Juvenile Detention;(B) Juvenile Rights;(C) Abuse, Exploitation and Neglect;(D) Behavior Observation and Recording;(E) Suicide Prevention and Identification;(F) Legal Liabilities;(G) Dynamics of Youth with Mental Illness in Detention Centers;(H) Behavior Management;(I) Risk Management, Safety, and Security;(J) HIV/AIDS and other Communicable Diseases; and(K) Medical and Health Services.(2) A short-term juvenile detention officer who fails to complete the training required under paragraph (1) of this subsection within 60 days shall not be the sole supervisor of residents under §351.5(a)(2) of this title, nor count toward meeting the supervision ratio under §351.5(b) of this title.</content><note type="source"><p>Source Note: The provisions of this §351.31 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scC/s351.32"><num value="351.32">§351.32</num><heading>Requirements for Continued Employment</heading><content>(a) Criminal History Checks.(1) The facility administrator, chief administrative officer, or juvenile board shall conduct a criminal history check in accordance with §351.30(b) of this title on every short-term juvenile detention officer, supervisor of short-term juvenile detention officers every two years.(2) The chief administrative officer or juvenile board shall conduct a criminal history check in accordance with §351.30(b) of this title on the facility administrator.(3) A person whose returned criminal history check reveals disqualifying criminal history as described under §351.30(c) of this title may not be the sole supervisor of residents under §351.5(a)(2) of this title, nor count toward meeting the supervision ratio under §351.5(b) of this title.(b) Training.(1) Certifications. The facility administrator and every short-term juvenile detention officer shall maintain a current certification in first aid, cardio-pulmonary resuscitation, and a physical restraint technique that has been approved by the Commission.(2) Continuing Education. In addition to the certifications required under paragraph (1) of this subsection the facility administrator and every short-term juvenile detention officer shall receive 30 hours of training in a field related to the performance of their duties every two years.(3) Abuse, Exploitation and Neglect. Short-term detention officers shall receive training on recognizing and reporting abuse, exploitation and neglect on an annual basis.</content><note type="source"><p>Source Note: The provisions of this §351.32 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scC/s351.33"><num value="351.33">§351.33</num><heading>Certification</heading><content>The facility administrator of a short-term detention facility, may elect to certify a facility's short-term juvenile detention officers and supervisors of short-term detention officers as detention officers in accordance with 37 Texas Administrative Code Chapter 344. If the election to certify is made, every short-term detention officer within the facility comply with the certification standards found in Chapter 344.</content><note type="source"><p>Source Note: The provisions of this §351.33 adopted to be effective September 1, 2003, 28 TexReg 2953; amended to be effective September 1, 2010, 35 TexReg 7081.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c351/scD"><num value="D">SUBCHAPTER D</num><heading>RESTRAINTS</heading><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.40"><num value="351.40">§351.40</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Approved Physical Restraint Technique ("physical restraint")--A professionally trained restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints. The approved physical restraint technique shall be approved for use by the Commission and adopted by the juvenile board.(2) Approved Mechanical Restraint Devices ("mechanical restraint")--A professionally manufactured mechanical device to aid in the restriction of a person's bodily movement. The approved mechanical restraint shall be approved by the Commission and adopted by the juvenile board. The following are Commission approved mechanical restraint devices:(A) Ankle Cuffs--Metal, cloth or leather band designed to be fastened around the ankle to restrain free movement of the legs;(B) Anklets--Cloth or leather band designed to be fastened around the ankle or leg;(C) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms;(D) Plastic Cuffs--Plastic devices designed to be fastened around the wrist or legs to restrain free movement of hands, arms or legs;(E) Restraint Chair--A professionally manufactured security restraining device that may utilize a combination of handcuffs, leg cuffs, and restraining straps in a specially designed upright contoured chair to provide effective containment of a resident;(F) Waist Band--A cloth, leather, or metal band designed to be fastened around the waist used to secure the arms to the sides or front of the body; and(G) Wristlets--A cloth or leather band designed to be fastened around the wrist or arm which may be secured to a waist belt.(3) Chemical Restraint--The application of a chemical agent on a resident or residents.(4) Four Point Restraint--The use of mechanical restraint devices, applied to each of a resident's wrists and ankles, used to secure a resident face up to a professionally manufactured bed.(5) Physical Escort--Touching or holding a resident with a minimum use of force for the purpose of directing the resident's movement from one place to another. A physical escort is not considered a physical restraint.(6) Protective Devices--Professionally manufactured devices used for the protection of residents or staff that do not restrict the movement of a resident. Protective devices are not considered mechanical restraint devices.(7) Restraints--Physical, mechanical, or chemical restraint.</content><note type="source"><p>Source Note: The provisions of this §351.40 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.41"><num value="351.41">§351.41</num><heading>Requirements</heading><content>The use of restraints shall be governed by the following criteria:(1) restraints shall only be used by juvenile probation and detention officers;(2) prior to participating in any restraint juvenile probation officers and juvenile detention officers shall be:(A) certified in the use of the approved physical restraint technique;(B) trained in the use all approved mechanical restraint devices; and(C) trained in the use of any approved chemical agents;(3) restraints shall only be used in instances of threat of imminent self-injury, injury to others, serious property damage, or prevention of escapes;(4) restraints shall only be used as a last resort;(5) only the amount of force and type of restraint necessary to control the situation shall be used;(6) restraints shall be implemented in such a way as to protect the health and safety of the resident and others; and(7) restraints shall be terminated as soon as the resident's behavior indicates that the threat of imminent self-injury, injury to others, serious property damage, or prevention of escape has subsided.</content><note type="source"><p>Source Note: The provisions of this §351.41 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.42"><num value="351.42">§351.42</num><heading>Prohibitions</heading><content>Restraints that employ a technique listed below are prohibited:(1) restraints used for punishment, discipline, retaliation, harassment, compliance, intimidation, or as a substitute for room restriction or confinement;(2) restraints that deprive the resident of basic human necessities including restroom privileges, water, food and clothing;(3) restraints that are intended to inflict pain;(4) restraints that put a resident face down with sustained or excessive pressure on the back or chest cavity;(5) restraints that put a resident face down with pressure on the neck or head;(6) restraints that obstruct the airway or impair the breathing of the resident;(7) restraints that restrict the resident's ability to communicate;(8) restraints that obstruct the view of the resident's face;(9) any technique that does not require the monitoring of the resident's respiration and other signs of physical distress during the restraint; and(10) percussive or electrical shocking devices.</content><note type="source"><p>Source Note: The provisions of this §351.42 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.43"><num value="351.43">§351.43</num><heading>Documentation</heading><content>Documentation. Except as required by §351.48(c) of this title, all restraints shall be fully documented and maintained. Written documentation regarding the use of restraints shall require at a minimum:(1) name of resident;(2) staff member(s) name and title(s) who administered the restraint;(3) date of the restraint;(4) duration of the restraint including notation of the time the restraint began and ended;(5) location of the restraint;(6) description of preceding activities;(7) behavior which prompted the restraint;(8) type of restraint applied;(9) efforts made to de-escalate the situation and alternatives to restraint that were attempted; and(10) any injury that occurred during the restraint.</content><note type="source"><p>Source Note: The provisions of this §351.43 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.44"><num value="351.44">§351.44</num><heading>Physical Restraint</heading><content>In addition to the requirements found in §351.41, §351.42 and §351.43 of this chapter, juvenile probation and detention officers shall be re-certified in the approved physical restraint technique at least every two years.</content><note type="source"><p>Source Note: The provisions of this §351.44 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.45"><num value="351.45">§351.45</num><heading>Mechanical Restraint</heading><content>In addition to the requirements found in §351.41, §351.42 and §351.43 of this chapter, the use of mechanical restraint, except the restraint chair shall be governed by the following criteria:(1) Requirements.(A) mechanical restraints shall only be used in a manner consistent with their intended use;(B) there shall be provisions for the inspection and maintenance of mechanical restraint devices; and(C) mechanical restraints may be used when moving a resident from point to point within the facility. The mechanical restraint shall terminate upon completion of the resident's relocation.(2) Prohibitions.(A) mechanical restraint devices shall not be altered from the manufacturer's design;(B) a resident shall not be placed face down while restrained in any mechanical restraint for a period of time longer than necessary to apply the restraint devices;(C) a mechanical restraint shall not secure a resident in a prone position with his or her arms and/or hands behind the resident's back and secured to the resident's legs;(D) mechanical restraint devices shall not be secured so tightly as to interfere with circulation nor so loosely as to cause chafing of the skin;(E) mechanical restraint devices shall not be secured to a stationary object except when complete immobilization is required by four-point restraint;(F) a resident in mechanical restraints shall not participate in any physical activity; and(G) plastic cuffs shall only be used in emergency situations.</content><note type="source"><p>Source Note: The provisions of this §351.45 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.46"><num value="351.46">§351.46</num><heading>Restraint Chair</heading><content>(a) Requirements. In addition to the requirements found in §§351.41, 351.42 and 351.43 of this chapter, the use of the restraint chair shall be governed by the following criteria:(1) only a professionally manufactured restraint chair approved by the juvenile board may be used in a juvenile facility;(2) the restraint chair may only be used to prevent self-injury, injury to others, or when a resident displays extremely aggressive or disruptive behavior and other approved restraint techniques are inappropriate or ineffective to control the resident's behavior; and(3) only a juvenile probation or detention officer who has been trained in the proper use of the restraint chair shall:(A) be authorized to place a resident in the restraint chair; and(B) provide supervision of a resident placed in the restraint chair;(4) circulation checks shall be conducted by a juvenile probation or detention officer every 10 minutes;(5) length of confinement(A) a resident shall be released from the restraint chair as soon as the resident is no longer a threat to self or others and the resident can be reasonably controlled by staff;(B) a resident shall be considered for removal from the restraint chair every ten minutes;(C) the maximum confinement time in the restraint chair is one hour unless authorized by the facility administrator or designee after examination of the resident's condition by one of the following licensed medical professionals:(i) emergency medical services (EMS/fire rescue);(ii) paramedic;(iii) registered nurse (RN);(iv) physician (MD);(v) licensed vocational nurse (LVN);(vi) physician assistant (PA); or(vii) emergency medical technician (EMT);(D) five hours is the maximum total time a resident may be restrained in a restraint chair within a twenty-four hour period;(6) each use of the restraint chair shall be authorized by the facility administrator or designee;(7) when occupied, the restraint chair shall be placed in an area with minimum visibility by other residents in the facility; and(8) there shall be provisions for the inspection and maintenance of the restraint chair.(b) Prohibitions.(1) restraint chairs that have been altered, modified or customized in any way from their originally manufactured state and intended use; and(2) the restraint chair shall not be used to confine any resident for the sole reason as having been designated as being at high risk of suicidal behavior.(c) Supervision of Resident in Restraint Chair.(1) level of supervision.(A) a resident placed in the restraint chair shall be under constant visual supervision until the resident is removed from the chair;(B) the officer responsible for providing the constant visual supervision of a resident in the restraint chair may have limited concurrent duties only if those duties do not impede the constant visual supervision requirement; and(C) a resident classified as high risk of suicidal behavior under §351.13(d) of this chapter who is placed in a restraint chair shall be supervised in accordance with §351.13(d)(2)(B) of this chapter;(2) the officer responsible for providing the constant visual supervision of a resident in the restraint chair shall have physical possession of the key or other mechanism for unlocking or releasing the resident from the restraint chair;(3) primary control room staff shall not be authorized to provide the constant visual supervision of a resident placed in the restraint chair; and(4) audio and/or video monitoring cannot substitute for the constant visual supervision;(d) Required Training. Any juvenile probation or juvenile detention officer authorized to place a resident into a restraint chair shall be trained annually in the proper use of the restraint chair. Training topics shall include but not be limited to:(1) circumstances that are appropriate for use of the restraint chair;(2) proper use of the restraint chair, including how to get a resident in and out of the device safely;(3) supervision procedures for a resident placed in the chair;(4) monitoring the vital signs and critical circulation points of a resident placed in the restraint chair;(5) emergency procedures for the removal of a resident from the restraint chair; and(6) documentation required for use of the restraint chair.(e) Documentation of Chair Restraints. In addition to any documentation required under §351.43 of this chapter a ten-minute observation log shall be maintained that documents:(1) justification for the resident's continued restraint in or removal from the restraint chair;(2) the results of the circulation checks conducted under subsection (a)(4) of this section; and(3) any medical checks conducted under subsection (a)(5)(C) of this section.(f) Review of Use of Restraint Chair.(1) The facility administrator and the juvenile board shall review the use of the restraint chair annually.(2) The review shall consider and evaluate:(A) the frequency of use;(B) the outcomes of the chair's use; and(C) any needed modifications to policy and procedure concerning the chair.</content><note type="source"><p>Source Note: The provisions of this §351.46 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.47"><num value="351.47">§351.47</num><heading>Chemical Agents</heading><content>In addition to the requirements found in §351.41, §351.42 and §351.43 of this chapter, the use of chemical agents shall be governed by the following criteria:(1) the juvenile board shall authorize under which situations chemical agents may be used;(2) immediately following the use of a chemical agent, exposed residents shall be examined by a medical professional and treated if necessary;(3) in all cases, the use of a chemical agent shall be witnessed by a staff member other than the juvenile detention officer using the agent; and(4) any use of a chemical agent is to be reported to the facility administrator immediately after the incident.</content><note type="source"><p>Source Note: The provisions of this §351.47 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c351/scD/s351.48"><num value="351.48">§351.48</num><heading>Transporting Residents Outside Facility</heading><content>(a) During transportation of a resident in a vehicle, the resident may not be affixed to any part of the vehicle.(b) During transportation in a vehicle, a resident may not be secured to another resident.(c) Mechanical restraints used during routine transportation in a vehicle, or movement of a resident from the facility to another location outside the facility are not required to be documented as a restraint.</content><note type="source"><p>Source Note: The provisions of this §351.48 adopted to be effective September 1, 2003, 28 TexReg 2953.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c351/scE"><num value="E">SUBCHAPTER E</num><heading>FACILITIES</heading><section identifier="/us/state/tx/tac/t37/p11/c351/scE/s351.49"><num value="351.49">§351.49</num><heading>Retrofitted Adult Facilities</heading><content>(a) Before a short-term detention facility accepts residents, the juvenile board in the county where the facility is located must ensure the facility has been approved by TJJD.(b) TJJD will not approve a facility that was constructed or previously used for the confinement of adult offenders unless TJJD determines the facility has been appropriately retrofitted to comply with TJJD standards related to facilities.</content><note type="source"><p>Source Note: The provisions of this §351.49 adopted to be effective September 1, 2024, 49 TexReg 5360.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c353"><num value="353">CHAPTER 353</num><heading>SUBSTANCE USE DISORDER TREATMENT PROGRAMS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c353/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS AND GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c353/scA/s353.101"><num value="353.101">§353.101</num><heading>Definitions</heading><content>The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise.(1) Client--An individual who receives or has received substance use disorder services from a provider in a substance use disorder treatment program.(2) Clinical Training Institution--An individual or legal entity registered with the Texas Department of State Health Services to supervise a licensed chemical dependency counselor intern.(3) Consenter--The individual legally responsible for giving informed consent for a client.(4) Counseling--A collaborative process that facilitates the client's progress toward mutually determined treatment goals and objectives. Counseling includes methods that are sensitive to individual client characteristics, to the influence of significant others, and to the client's cultural and social context.(5) Diagnostic and Statistical Manual of Mental Disorders (DSM)--The Diagnostic and Statistical Manual of Mental Disorders, published by the American Psychiatric Association. Any reference to DSM constitutes a reference to the most recent edition unless the context clearly indicates otherwise.(6) Discharge--Formal, documented termination of services.(7) Juvenile Justice Facility (or Facility)--A facility operated wholly or partly by the juvenile board, by another governmental unit, or by a private vendor under a contract with the juvenile board, county, or other governmental unit that serves juveniles under juvenile court jurisdiction. The term includes:(A) a public or private juvenile pre-adjudication secure detention facility, including a holdover facility;(B) a public or private juvenile post-adjudication secure correctional facility except for a facility operated solely for children committed to the Texas Juvenile Justice Department; and(C) a public or private non-secure juvenile post-adjudication residential treatment facility that is not licensed by the Texas Department of Family and Protective Services or the Texas Department of State Health Services.(8) Juvenile Justice Program (or Program)--A program or department operated wholly or partly by the juvenile board or by a private vendor under a contract with a juvenile board that serves juveniles under juvenile court jurisdiction. The term includes:(A) a juvenile justice alternative education program;(B) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court; and(C) a juvenile probation department.(9) Licensed Chemical Dependency Counselor--A counselor licensed by the Texas Department of State Health Services pursuant to Chapter 504, Occupations Code.(10) Licensed Chemical Dependency Counselor Intern--A person registered with the Texas Department of State Health Services who is pursuing a course of training in chemical dependency counseling at a registered clinical training institution.(11) Life Skills Training--A structured program of training, based upon a written curriculum and provided by qualified personnel, designed to help clients with social competencies such as communication and social interaction, stress management, problem-solving, decision-making, and management of daily responsibilities.(12) Personnel--The members of the governing body of a juvenile justice facility or juvenile justice program and, without limitation, the employees, contractors, consultants, agents, representatives, volunteers, interns, or other individuals working for or on behalf of the facility or program through a formal or informal agreement.(13) Prevention--A proactive process that uses multiple strategies to preclude the illegal use of alcohol, tobacco, and other drugs and to foster safe, healthy, drug-free environments.(14) Provider--A person who provides or offers to provide substance use disorder treatment in a substance use disorder treatment program. The term is limited to a qualified credentialed counselor or any other person authorized by the State of Texas to provide substance use disorder treatment under the supervision of a QCC.(15) Qualified Credentialed Counselor (QCC)--Means:(A) a licensed chemical dependency counselor who is licensed and in good standing in the State of Texas;(B) one of the practitioners listed below who is licensed and in good standing in the State of Texas and, in performing any activity as a QCC, is acting within the authorized scope of the individual's license:(i) licensed professional counselor (LPC);(ii) licensed clinical social worker (LCSW);(iii) licensed marriage and family therapist (LMFT);(iv) licensed psychologist;(v) licensed physician;(vi) licensed physician assistant;(vii) certified addictions registered nurse (CARN);(viii) advanced practice registered nurse licensed by the Texas Board of Nursing as a psychiatric/mental health clinical nurse specialist or psychiatric/mental health nurse practitioner; or(C) an individual with a license that the administrative rules of the Texas Department of State Health Services identify as sufficient to qualify the individual as a QCC.(16) Recovery Maintenance--A level of treatment designed to maintain and support a client's continued recovery.(17) Substance Use Disorder--Defined by the most recent published edition of the Diagnostic and Statistical Manual of Mental Disorders (see DSM).(18) Substance Use Disorder Services (or Services)--A comprehensive term intended to describe activities undertaken to address any substance use disorder, including prevention activities. The term includes the provision of screening, assessment, referral, and treatment.(19) Substance Use Disorder Treatment (or Treatment)--A planned, structured, and organized clinical intervention designed primarily to help the client achieve appropriate levels of physical, psychological, or social functioning by identifying and changing patterns of behavior that are maladaptive, destructive, or injurious to health and that are related to or resulting from substance use disorders.(20) Substance Use Disorder Treatment Program (or Treatment Program)--A program that has a primary focus on providing substance use disorder treatment and that is offered by a juvenile justice facility or juvenile justice program. This term means substance abuse facility or program as used in Section 221.002, Human Resources Code.(21) Supplemental Support--Substance use disorder services that do not meet the definition of substance use disorder treatment, such as drug education, prevention, or other support services that are designed to support substance use prevention or treatment goals.</content><note type="source"><p>Source Note: The provisions of this §353.101 adopted to be effective October 1, 2021, 46 TexReg 6406.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scA/s353.102"><num value="353.102">§353.102</num><heading>Purpose</heading><content>The purpose of these rules is to ensure that juveniles receiving substance use disorder treatment offered by juvenile justice facilities or programs are afforded an efficient, effective, and appropriate continuum of services that are designed to address the juvenile's substance use disorder treatment needs. These rules further serve to protect the health, safety, and welfare of those juveniles receiving substance use disorder treatment.</content><note type="source"><p>Source Note: The provisions of this §353.102 adopted to be effective October 1, 2021, 46 TexReg 6406.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scA/s353.103"><num value="353.103">§353.103</num><heading>Interpretation and Applicability</heading><content>(a) When the terms include, includes, and including are used in this chapter, the items that follow constitute a non-exhaustive list unless the context clearly indicates otherwise.(b) This chapter applies to a juvenile justice facility or juvenile justice program that provides substance use disorder treatment. This chapter does not apply to a juvenile justice facility or juvenile justice program that provides only supplemental support or substance use disorder services that do not include substance use disorder treatment. (c) The provisions of this chapter apply in addition to other chapters relevant to the juvenile justice facility or program.</content><note type="source"><p>Source Note: The provisions of this §353.103 adopted to be effective October 1, 2021, 46 TexReg 6406.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scA/s353.104"><num value="353.104">§353.104</num><heading>TJJD Notification</heading><content>(a) A juvenile board or its designee must notify TJJD in writing prior to a juvenile justice facility or program in its jurisdiction offering a substance use disorder treatment program. This provision does not apply to treatment programs in operation before September 1, 2017.(b) The juvenile board or its designee must notify TJJD in writing if the juvenile justice facility or program ceases the operation of a substance use disorder treatment program.(c) If the juvenile board authorizes a designee to provide either of these notifications, the authorization shall be in writing.</content><note type="source"><p>Source Note: The provisions of this §353.104 adopted to be effective October 1, 2021, 46 TexReg 6406.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scA/s353.105"><num value="353.105">§353.105</num><heading>Waiver or Variance to Standards</heading><content>Unless expressly prohibited by another standard, an application for a waiver or variance of any standard in this chapter may be submitted in accordance with §349.200 of this title.</content><note type="source"><p>Source Note: The provisions of this §353.105 adopted to be effective October 1, 2021, 46 TexReg 6406.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c353/scB"><num value="B">SUBCHAPTER B</num><heading>PROVIDERS</heading><section identifier="/us/state/tx/tac/t37/p11/c353/scB/s353.201"><num value="353.201">§353.201</num><heading>Standard of Care</heading><content>(a) Providers shall:(1) provide adequate and appropriate services consistent with best practices and industry standards;(2) maintain objectivity;(3) respect each client's dignity, protect each client's rights, and act with integrity in providing services;(4) ensure the treatment services, lectures, and written materials are age-appropriate and easily understood by clients; and(5) involve the client's parent/guardian or an alternate support system in the treatment process or document why this is not possible or appropriate.(b) Providers shall not engage in any action that may cause physical, emotional, or other harm to a client.</content><note type="source"><p>Source Note: The provisions of this §353.201 adopted to be effective October 1, 2021, 46 TexReg 6407.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scB/s353.202"><num value="353.202">§353.202</num><heading>Scope of Practice</heading><content>(a) Providers shall recognize the limitations of their abilities and shall not offer services outside their scope of practice or use techniques that exceed their professional competence.(b) Providers shall not make any claim, directly or by implication, that they possess professional qualifications or affiliations that they do not possess.</content><note type="source"><p>Source Note: The provisions of this §353.202 adopted to be effective October 1, 2021, 46 TexReg 6407.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scB/s353.203"><num value="353.203">§353.203</num><heading>Verification and Documentation</heading><content>(a) Before allowing a provider to provide services in a treatment program, the juvenile justice facility or program shall verify with the credentialing authority that the provider has the required credentials and is in good standing. The juvenile justice facility or program shall maintain documentation of its compliance.(b) The treatment program shall maintain a list of each of its personnel who qualify as a QCC and maintain documentation that supports such qualification.(c) The facility or program must comply with its obligations under Section 81.003, Texas Civil Practices and Remedies Code, and maintain documentation of its compliance.</content><note type="source"><p>Source Note: The provisions of this §353.203 adopted to be effective October 1, 2021, 46 TexReg 6407.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scB/s353.204"><num value="353.204">§353.204</num><heading>Ethics</heading><content>(a) Providers must adhere to established professional codes of ethics. These codes of ethics define the professional context within which the provider works in order to maintain professional standards and a professional license and to safeguard the client or participant.(b) Juvenile justice facilities and programs must adopt and implement written policies and procedures to ensure that all suspected unethical conduct by a provider is reported to the appropriate regulatory body in accordance with the rules of the regulatory body.</content><note type="source"><p>Source Note: The provisions of this §353.204 adopted to be effective October 1, 2021, 46 TexReg 6407.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scB/s353.205"><num value="353.205">§353.205</num><heading>License Chemical Dependency Counselor Interns</heading><content>A facility or program with personnel that includes licensed chemical dependency counselor interns must be registered with the Texas Department of State Health Services as a clinical training institution and comply with all applicable requirements.</content><note type="source"><p>Source Note: The provisions of this §353.205 adopted to be effective October 1, 2021, 46 TexReg 6407.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c353/scC"><num value="C">SUBCHAPTER C</num><heading>TREATMENT PROGRAM REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.301"><num value="353.301">§353.301</num><heading>Notice of Client Rights</heading><content>(a) Before services in a treatment program begin, the facility or program shall provide each client with a notice of rights, which shall read as follows:(1) You have the right to be told the following information before you start receiving services in the treatment program:(A) the condition that will be treated;(B) the proposed treatment;(C) the risks, benefits, and side effects of all proposed treatment;(D) how your physical and mental health may be affected if you refuse treatment;(E) other treatments that are available and which ones, if any, might be appropriate for you; and(F) the amount of time you will probably spend in the treatment program.(2) You have the right to accept or refuse treatment after a personnel member explains what the treatment will include. However, be aware that refusal to participate in court-ordered treatment may be considered by the court in determining your compliance with probation conditions.(3) If you agree to treatment, you have the right to change your mind at any time. However, be aware that refusal to participate in court-ordered treatment may be considered by the court in determining your compliance with probation conditions.(4) You have the right to know that additional action could be taken by the court if you do not complete a treatment program successfully.(5) You have the right to be told about the treatment program's rules before you start the program, including the rules about restraints and seclusion. Your parent or guardian also has the right to be notified of the rules about restraints and seclusion.(6) You have the right to a treatment plan designed to meet your needs, and you have the right to participate in developing that plan.(7) You have the right to meet with the provider on a regular basis to review and update your treatment plan.(8) You have the right to have information about you kept private and to be told about the times when the information can be given to others without your permission.(9) You have the right to have your rights and treatment plan explained to you in words you can understand.(b) The facility or program shall provide each client with the rights in the notice of client rights.</content><note type="source"><p>Source Note: The provisions of this §353.301 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.302"><num value="353.302">§353.302</num><heading>Client Records</heading><content>(a) The treatment program shall establish and maintain a separate treatment record for every client, beginning at the time of admission into the treatment program.(b) The treatment program shall protect all client records and other client-identifying information from destruction, loss, or tampering and from unauthorized access, use, or disclosure. These safeguards must protect against verbal disclosure and prevent unsecured maintenance of records or recording of an activity or presentation without appropriate releases. Information that identifies those seeking services shall be protected to the same degree as information that identifies clients.(c) Only personnel whose duties require access to client records may have such access. The treatment program shall keep records locked at all times unless authorized personnel are continuously present in the immediate area.(d) The treatment program shall comply with federal and state confidentiality laws and regulations, including 42 CFR Part 2 (federal regulations on the confidentiality of substance use disorder patient records), Chapter 611, Texas Health and Safety Code (relating to mental health records), and the Health Insurance Portability and Accountability Act of 1996 (HIPAA). The treatment program shall also protect the confidentiality of HIV information as required in Section 81.103, Texas Health and Safety Code (relating to confidentiality; criminal penalty).(e) The treatment program shall adopt written policies for personnel regarding the confidentiality of substance use disorder treatment records under the law. The policies shall specify the circumstances in which information regarding a client's substance use disorder treatment may be shared by law.(f) The treatment program may not deny clients access to the content of their records except as provided by Section 611.0045, Texas Health and Safety Code, and HIPAA or other law.</content><note type="source"><p>Source Note: The provisions of this §353.302 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.303"><num value="353.303">§353.303</num><heading>General Documentation Requirements</heading><content>(a) The treatment program shall keep complete, current documentation.(b) All documents shall be factual and accurate.(c) All documents and entries shall be dated and either signed or electronically authenticated by the person responsible for the content.</content><note type="source"><p>Source Note: The provisions of this §353.303 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.304"><num value="353.304">§353.304</num><heading>Location and Environment</heading><content>(a) Services shall be provided in an appropriate, safe, clean, and well-maintained environment.(b) Private space must be provided and used for confidential interactions, including all group counseling sessions.</content><note type="source"><p>Source Note: The provisions of this §353.304 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.305"><num value="353.305">§353.305</num><heading>Policies and Procedures</heading><content>(a) The juvenile justice facility or program shall adopt and implement written policies and procedures for the treatment program. The policies and procedures must contain, at a minimum, the following:(1) a statement of the treatment program's purposes, goals, and objectives;(2) a description of the services offered and how they are provided; and(3) a description of the population to be served.(b) The policies and procedures shall:(1) contain sufficient detail to ensure personnel comply with all applicable TJJD rules in this chapter;(2) be current, as evidenced by documentation establishing that the most recent adoption, amendment, or review occurred no later than the last calendar day of the 12th month following the previous adoption, amendment, or review;(3) be specific to the treatment program; and(4) be easily accessible to treatment program personnel at all times.</content><note type="source"><p>Source Note: The provisions of this §353.305 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.306"><num value="353.306">§353.306</num><heading>Assessment</heading><content>(a) The juvenile must meet the current DSM criteria for a substance use disorder in order to be eligible for admission to a treatment program. An assessment process appropriate for the target population, juvenile's age, developmental level, culture, and gender shall be used to determine if the juvenile is eligible for the treatment program.(b) A provider shall conduct and document a comprehensive psychosocial assessment with each client admitted to the treatment program. Documentation shall reflect that the assessment process included consideration of each of the following areas:(1) presenting problems resulting in admission;(2) alcohol and other drug use;(3) psychiatric and substance use treatment;(4) medical history and current health status, to include an assessment of risk behaviors for tuberculosis, HIV, and other sexually transmitted infections, as permitted by law;(5) relationships with family;(6) significant life events, including any trauma;(7) social and leisure activities;(8) education and vocational training;(9) employment history;(10) legal problems;(11) mental/emotional functioning; and(12) strengths and weaknesses.(c) A comprehensive diagnostic impression, including the client's problems, needs, and strengths, shall be prepared based on the results of the assessment.(d) If the assessment identifies a previously unidentified mental health issue, the treatment program shall seek appropriate mental health services.(e) The assessment shall be signed by a QCC and filed in the client record within seven calendar days of admission.(f) The treatment program may accept an assessment from an outside source if:(1) the assessment meets the criteria set forth herein;(2) the assessment was completed during the 30 days preceding admission or is received directly from a treatment program that is transferring the client; and(3) a provider reviews the information with the client and documents an update.</content><note type="source"><p>Source Note: The provisions of this §353.306 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.307"><num value="353.307">§353.307</num><heading>Admission Authorization and Consent to Treatment</heading><content>(a) Only a QCC may authorize an admission. The QCC shall authorize each admission in writing and specify the level of care to be provided. The authorization shall be documented in the client record and shall contain sufficient documentation to support the diagnosis and the placement decision.(b) The treatment program must obtain written authorization from the consenter before providing any treatment. The consent form must be dated and signed by the client, the consenter, and the personnel member providing the information and must include documentation that the client and consenter received and understood the following information:(1) the specific condition to be treated;(2) the recommended course of treatment;(3) the expected benefits of treatment;(4) the probable health and mental health consequences of not consenting;(5) the side effects and risks associated with the treatment;(6) any generally accepted alternatives and whether an alternative might be appropriate;(7) the qualifications of the personnel member(s) who will provide the treatment;(8) the name of the primary provider;(9) the client grievance procedure;(10) the notice of client rights;(11) the treatment program rules;(12) violations that may lead to disciplinary action or discharge;(13) any consequences or searches used to enforce treatment program rules;(14) the services and treatment process; and(15) opportunities for the parent/guardian or an alternate support system to be involved in treatment.(c) This information shall be explained to the client and consenter in simple, non-technical terms no later than 24 hours after the client's admission to the treatment program. Documentation of the explanation must be dated and signed by the client, the consenter, and the personnel member providing the explanation.(d) If an emergency or the client's physical or mental condition prevents the explanation from being given or understood by the client within 24 hours of the client's admission to the treatment program, a personnel member must document the circumstances in the client record and present the explanation as soon as possible.(e) The client record must include a copy of the notice of client rights dated and signed by the client and consenter.(f) If possible, all information shall be provided in the consenter's primary language.(g) When an applicant is determined to be eligible for services but denied admission, the treatment program shall maintain documentation signed by the examining QCC that includes the reason for the denial.</content><note type="source"><p>Source Note: The provisions of this §353.307 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.308"><num value="353.308">§353.308</num><heading>Treatment Planning, Implementation, and Review</heading><content>(a) The provider shall work with the client to develop and implement an individualized, written treatment plan that identifies the services and support needed to address the problems and needs identified in the assessment. The client's parent(s) or guardian(s) shall also be involved unless such involvement is not possible or appropriate. In such instances, the client record shall include documentation explaining why the involvement of the parent(s) or guardian(s) was not possible or appropriate.(1) When the client needs services not offered by the treatment program, appropriate referrals shall be made and documented in the client's record.(2) The client record shall contain justification when identified needs are temporarily deferred or not addressed during treatment.(b) The treatment plan shall include goals, objectives, and strategies.(1) Goals shall be based on the client's problems/needs, strengths, and preferences.(2) Objectives shall be individualized, realistic, measurable, time-specific, appropriate to the level of treatment, and clearly stated in behavioral terms.(3) Strategies shall describe the type and frequency of the specific services and interventions needed to help the client achieve the identified goals and shall be appropriate to the intensity level of the treatment program in which the client is receiving treatment.(c) The treatment plan shall identify discharge criteria and include initial plans for discharge.(d) The treatment plan shall include a projected length of stay in the treatment program.(e) The treatment plan shall identify the client's primary provider and must be dated and signed by the client and the provider. When the treatment plan is prepared by a provider who is not a QCC, a QCC must review and sign the treatment plan.(f) The treatment plan shall be completed and filed in the client record no later than seven calendar days after admission.(g) The primary provider shall meet with the client to review and update the treatment plan at appropriate intervals, as defined in writing by the treatment program. In non-residential treatment programs, treatment plans must be reviewed no less frequently than midway through the projected duration of treatment. In residential treatment programs, treatment plans must be reviewed no less frequently than monthly.(h) The treatment plan review shall include:(1) an evaluation of the client's progress toward each goal and objective;(2) revision of the goals and objectives, as necessary; and(3) justification of continued length of stay in the treatment program.(i) Treatment plan reviews must be dated and signed by the client, the provider, and, if applicable, the supervising QCC.(j) When a client's intensity of service is changed, the client record must contain:(1) clear documentation of the decision, signed by a QCC, including the rationale and the effective date;(2) a revised treatment plan; and(3) documentation of coordination activities with the receiving provider, if there is a different provider.(k) Treatment program personnel shall document all substance use disorder services in the client record within 72 hours, including the date, nature, and duration of the contact and the signature or electronic authentication of the provider.(1) Education, life skills training, and group counseling notes must also include the topics/issues addressed.(2) Individual counseling notes must include the goals addressed, clinical observations, and new issues or needs identified during the session.</content><note type="source"><p>Source Note: The provisions of this §353.308 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.309"><num value="353.309">§353.309</num><heading>Requirements Applicable to All Treatment Programs</heading><content>(a) Each client's treatment shall be based on a treatment plan developed in accordance with §353.308 of this chapter.(b) Group counseling sessions must be limited to a maximum of 16 clients. This limit does not apply to multifamily educational groups, seminars, outside speakers, or other events designed for a large audience.(c) Group education and life skills training sessions must be limited to a maximum of 35 clients. This limit does not apply to multifamily educational groups, seminars, outside speakers, or other events designed for a large audience.(d) Substance use disorder education and life skills training must follow a written curriculum. All educational sessions must include the opportunity for client participation and discussion of the material presented.(e) The treatment program must provide education about the health risks related to the use of drugs, alcohol, and tobacco products.(f) The treatment program must include education about tuberculosis, HIV, hepatitis B and C, and sexually transmitted infections.(g) The treatment program must provide information on accessing screening for tuberculosis and testing for HIV antibody, hepatitis C, and sexually transmitted infections.(1) HIV antibody testing must be carried out by an entity approved by the Texas Department of State Health Services.(2) If a client tests positive, the treatment program must refer the client to an appropriate health care provider.(h) Individuals responsible for planning, directing, or supervising treatment programs must be QCCs. The clinical program director must have at least two years of post-licensure experience providing substance use disorder treatment.(i) Substance use disorder counseling may be provided only by individuals who meet the definition of a provider in this chapter.(j) Supplemental support may be provided only by individuals who have the appropriate specialized education and expertise to provide that particular supplemental support.(k) Counselor interns must be under the direct supervision of a QCC as required by Texas Administrative Code provisions related to QCC's and counselor interns.</content><note type="source"><p>Source Note: The provisions of this §353.309 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.310"><num value="353.310">§353.310</num><heading>Additional Requirements for Residential Treatment Programs</heading><content>(a) Clients assigned to an intensive service level in a residential treatment program must be provided at least 20 hours of substance use disorder services per week, including at least:(1) ten hours of substance use disorder treatment (one hour of which must be individual counseling);(2) five hours of additional substance use disorder treatment, counseling, substance use education, life skills training, coping skills training, and/or relapse prevention education; and(3) five additional hours of services described in subsection (1) or (2) of this section.(b) Clients assigned to a specialized service level in a residential treatment program must be provided at least six hours of substance use disorder services per week for each client, including at least:(1) three hours of substance use disorder treatment (one hour of which must be individual counseling); and(2) three hours of additional substance use disorder treatment, counseling, substance use education, life skills training, coping skills training, and/or relapse prevention education.(c) Each residential treatment program must set limits on caseload size that ensure effective, individualized treatment. The treatment program must justify the caseload size in writing based on the treatment program design, characteristics and needs of the population served, and any other relevant factors.(d) A treatment program may provide fewer than the number of weekly service hours required in subsections (a) and (b) of this section for good cause, such as the unavailability of the provider or client. All such justifications must be documented in the client record.</content><note type="source"><p>Source Note: The provisions of this §353.310 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.311"><num value="353.311">§353.311</num><heading>Additional Requirements for Day Treatment Programs</heading><content>(a) Day treatment programs are designed for clients who require substance use disorder services on a daily basis but who do not require the more structured environment of residential treatment to maintain sobriety.(b) Day treatment programs shall:(1) have written procedures addressing notification of parents or guardians in the event the client leaves the site of the day treatment program without authorization;(2) have written procedures addressing the process for daily admission and release of clients;(3) provide each client, within three school days of admission, access to education approved by the Texas Education Agency;(4) provide each client at least 15 hours of substance use disorder services per week, including at least:(A) one hour of individual counseling; and(B) 14 hours of additional substance use disorder treatment, counseling, substance use disorder education, life skills training, coping skills training, and/or relapse prevention education. Attendance in school may not be counted toward this requirement.</content><note type="source"><p>Source Note: The provisions of this §353.311 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.312"><num value="353.312">§353.312</num><heading>Additional Requirements for Outpatient Treatment Programs</heading><content>(a) Outpatient treatment programs are designed for clients who do not require the more structured environment of day treatment or residential treatment to maintain sobriety.(b) Outpatient treatment programs shall provide each client with one or more of the following, in accordance with the client's needs:(1) substance use disorder treatment;(2) educational and process groups;(3) individual counseling; and(4) other substance use disorder services.</content><note type="source"><p>Source Note: The provisions of this §353.312 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.313"><num value="353.313">§353.313</num><heading>Transfer to Another Treatment Programs</heading><content>(a) When a client is transferred to another treatment program for continuing care, the sending treatment program must contact the receiving treatment program to provide information for continuity of care.(b) With proper client consent, the sending treatment program shall provide the receiving treatment program with copies of relevant parts of the client's record.</content><note type="source"><p>Source Note: The provisions of this §353.313 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c353/scC/s353.314"><num value="353.314">§353.314</num><heading>Discharge</heading><content>(a) Before the client's discharge from the treatment program, the provider and client shall develop and implement an individualized discharge plan. The plan must address the client's ongoing needs, including, at a minimum:(1) individual goals or activities to sustain recovery;(2) continuity of services to the client, including, if applicable, referrals to other providers or services; and(3) recovery maintenance services, if applicable.(b) The treatment program shall include the client's parent/guardian or an alternate support system in the discharge planning process when possible and appropriate. The treatment program shall document the inclusion of the parent/guardian or alternate support system or the reason that it was not possible or appropriate to do so.(c) The completed discharge plan shall be dated and signed by the provider, the client, and, if applicable, the consenter.(d) The treatment program shall give a copy of the plan to the client and, if applicable, the consenter and file the signed plan in the client record.(e) The treatment program shall complete a discharge summary for each client no later than 30 days after discharge. The discharge summary must be signed by a QCC and must include:(1) dates of admission and discharge;(2) needs and problems identified at admission, during treatment, and at discharge;(3) services provided;(4) assessment of the client's progress towards goals;(5) reason for discharge; and(6) referrals and recommendations for recovery maintenance, if applicable.</content><note type="source"><p>Source Note: The provisions of this §353.314 adopted to be effective October 1, 2021, 46 TexReg 6408.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c355"><num value="355">CHAPTER 355</num><heading>NON-SECURE CORRECTIONAL FACILITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scA/s355.100"><num value="355.100">§355.100</num><heading>Definitions</heading><content>The following words and terms have the following meanings when used in this chapter unless the context clearly indicates otherwise.(1) Behavioral Health Assessment--A mental health assessment conducted by a masters-level mental health provider who is licensed or otherwise authorized to provide mental health services under the statutes listed in paragraph (21) of this section and who is qualified by training to conduct all required elements of a behavioral health assessment. At a minimum, a behavioral health assessment must include the following elements:(A) clinical interview;(B) psycho-social evaluation, including a history of traumatic events, to include:(i) family history;(ii) community/living environment;(iii) peer relationships; and(iv) academic/vocational history;(C) review of the following files and associated records in the possession of the juvenile probation department:(i) juvenile probation records;(ii) mental health records;(iii) medical records;(iv) previous mental health testing records; and(v) educational records;(D) parent/guardian interview, unless the parent/guardian is unwilling to participate, and any other collateral interviews the mental health provider deems appropriate, such as a teacher or the child's juvenile probation officer;(E) psychometric testing, to include:(i) achievement assessment, only if there is no record of an achievement assessment within the last three years;(ii) personality assessment, only if there is no record of a personality assessment within the last three years;(iii) intellectual assessment, only if:(I) there is no record of an intellectual assessment within the last three years; or(II) a new intellectual assessment is indicated by:(-a-) pervasive use of drugs known to impair thought processes;(-b-) traumatic brain injury;(-c-) the child was age 12 or younger on the date of the most recent psychometric testing; or(-d-) obvious impairment in cognitive or interpersonal functioning; and(F) review of risks, strengths, and recommendations for intervention.(2) Chief Administrative Officer--Regardless of title, the person hired by a juvenile board who is responsible for oversight of the day-to-day operations of a juvenile probation department for a single county or a multi-county judicial district.(3) Contraband--Any item not issued to employees for the performance of their duties and that employees have not obtained supervisory approval to possess. Contraband also includes any item given to a resident by an employee or other individual that a resident is not authorized to possess or use. Specific items of contraband include, but are not limited to:(A) firearms;(B) knives;(C) ammunition;(D) drugs;(E) intoxicants;(F) pornography; and(G) any unauthorized written or verbal communication brought into or taken from an institution for a resident, former resident, associate of a resident, or family members of a resident.(4) Date and Time of Admission--The date and time a juvenile was admitted into a non-secure correctional facility.(5) Disciplinary Restriction--The removal of a resident from other residents for behavior modification and the placement of the resident alone for 90 minutes or less.(6) Disciplinary Separation--The removal of a resident from program activities or other residents for 24 hours or less because of a major rule violation or an imminent physical threat to self or others.(7) Facility Administrator--The individual designated by the chief administrative officer or governing board of the facility who has the ultimate responsibility for managing and operating the facility. This definition includes the certified juvenile supervision officer who is designated in writing as the acting facility administrator during the absence of the facility administrator.(8) Facility Staff--All full-time, part-time, temporary, and seasonal staff who are employed or contracted to perform facility-related duties.(9) Governing Board--A governmental unit (typically a juvenile board) or a board of trustees appointed by the governmental unit that establishes and operates or contracts for the establishment and operation of the facility. The governing board for the facility must provide oversight of facility operations, policies, and procedures.(10) Hazardous Material--Any substance that is explosive, flammable, combustible, poisonous, corrosive, irritating, or otherwise harmful and is likely to cause injury or death.(11) Health Assessment--The process whereby the health status of an individual is evaluated, which may include questioning the patient regarding symptoms.(12) Health Care Professional--A term that includes physicians, physician assistants, nurses, nurse practitioners, dentists, medical assistants, emergency medical technicians, and others who, by virtue of their education, credentials, and experience, are permitted by law to evaluate and care for patients.(13) Health Service Authority--The agency, organization, entity, or individual responsible for consulting and collaborating with the facility administrator and/or the health services coordinator to ensure a coordinated and adequate health care system is available to residents of the facility.(14) Housing Area--An area within the non-secure correctional facility that contains residents.(15) Housing Unit--A unit within the housing area that may be designed and constructed as either a single-occupancy housing unit (SOHU) or a multiple-occupancy housing unit (MOHU).(16) Intra-Jurisdictional Custodial Transfer--The transfer of a resident from a pre-adjudication or post-adjudication secure facility into a non-secure correctional facility under the same administrative authority.(17) Juvenile--A person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, or participating in a juvenile justice program administered or operated under the authority of the juvenile board.(18) Juvenile Supervision Officer--An individual whose primary responsibility and essential job function is the supervision of juveniles in a:(A) juvenile justice facility; or(B) juvenile justice alternative education program operated by a department that also operates a juvenile justice facility.(19) Medical Separation--The removal of a resident from program activities or other residents for medical purposes in accordance with §355.524 of this title.(20) Medical Treatment--Medical care and diagnostic testing (e.g., x-rays, laboratory testing) performed or ordered by a physician, advanced practice registered nurse, or physician assistant or performed by an emergency medical technician, paramedic, registered nurse (RN), or licensed vocational nurse (LVN) according to their respective licensure.(21) Mental Health Provider--An individual who is licensed or otherwise authorized to provide mental health services under the following subtitles or chapters of the Texas Occupations Code:(A) Chapter 110 (sex offender treatment providers);(B) Subtitle B (physicians);(C) Subtitle E (limited to nurse practitioners or clinical nurse specialists who are authorized to practice and hold title in the psychiatric/mental health category as provided in 22 TAC Chapter 221); or(D) Subtitle I (psychologists, marriage and family therapists, licensed professional counselors, chemical dependency counselors, and social workers).(22) Mental Health Screening--A process that includes a series of questions that are designed to identify a resident who is at an increased risk of having mental health disorders that warrant attention and a professional review.(23) Multiple-Occupancy Housing Unit (MOHU)--A housing unit designed and constructed for multiple-occupancy sleeping.(24) Non-Program Hours--The time period when the facility's scheduled resident activity has ceased for the day.(25) Non-Secure Correctional Facility (Facility)--Any public or private residential facility operated solely or partly by or under contract with a juvenile board or governing board in which the construction fixtures, hardware, staffing models, and procedures do not restrict the egress of residents from the facility.(26) Physical Training Program--Any program that requires participants to engage in and perform structured physical training and activity. This does not include recreational team activities or activities related to the educational curriculum (i.e., physical education).(27) Positive Screening--A scored result of a completed mental health screening instrument (i.e., MAYSI-2) recommending services requiring a primary service by a mental health provider as described on the MAYSI-2 reference card.(28) Premises--One or more buildings together with their grounds or other appurtenances.(29) Program Hours--The time period when the facility schedules activities for the resident population.(30) Qualified Individual--A person who may supervise residents when working with residents in a capacity that relates to the person's qualifications.(31) Qualified Mental Health Professional--An individual employed by the local mental health authority or an entity who contracts as a service provider with the local mental health authority who meets the definition of a qualified mental health professional in the administrative rules adopted by the Texas Department of State Health Services.(32) Rated Capacity--The maximum number of beds available in a facility that were architecturally designed or redesigned as a housing unit.(33) Resident--A juvenile who is placed in the non-secure correctional facility.(34) Riot--A situation in which three or more residents in the facility intentionally participate in conduct that constitutes a clear and present danger to persons or property and substantially obstructs the performance of facility operations or a program therein. Rebellion is a form of riot.(35) Safety Data Sheet--A document prepared by the supplier or manufacturer of a product clearly stating its hazardous nature, ingredients, precautions to follow, health effects, and safe handling/storage information.(36) Secondary Screening--A triage process that is brief and designed to clarify if a resident is in need of intervention or a more comprehensive assessment and what type of intervention or assessment is needed.(37) Single-Occupancy Housing Unit (SOHU)--A housing unit designed and constructed with separate and individual resident sleeping quarters.(38) TJJD--The Texas Juvenile Justice Department.(39) Volunteer--An individual who agrees to perform services without compensation and may have regular or periodic supervised contact with juveniles under the direction of the non-secure correctional facility.(40) Youth-on-Youth Sexual Conduct--Two or more juveniles, regardless of age, who engage in deviate sexual intercourse, sexual contact, sexual intercourse, or sexual performance as those terms are defined in subparagraphs (A) - (D) of this paragraph:(A) "Deviate sexual intercourse" means:(i) any contact between any part of the genitals of one person and the mouth or anus of another person; or(ii) the penetration of the genitals or the anus of another person with an object.(B) "Sexual contact" means the following acts, if committed with the intent to arouse or gratify the sexual desire of any person:(i) any touching by a person, including touching through clothing, of the anus, breast, or any part of the genitals of a person; or(ii) any touching of any part of the body of a person, including touching through clothing, with the anus, breast, or any part of the genitals of a person.(C) "Sexual intercourse" means any penetration of the female sex organ by the male sex organ.(D) "Sexual performance" means acts of a sexual or suggestive nature performed in front of one or more persons, including simulated or actual sexual intercourse, deviate sexual intercourse, sexual bestiality, masturbation, sado-masochistic abuse, or lewd exhibition of the genitals, the anus, or any portion of the female breast below the top of the areola.(E) A juvenile may not consent to the acts as defined in this paragraph under any circumstances. Consent may not be implied regardless of the age of the juvenile.</content><note type="source"><p>Source Note: The provisions of this §355.100 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scB"><num value="B">SUBCHAPTER B</num><heading>APPLICABILITY AND GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.200"><num value="355.200">§355.200</num><heading>Applicability</heading><content>(a) Except as specified in subsections (b) and (c) of this section, this chapter applies to all non-secure juvenile correctional facilities in this state.(b) Non-secure correctional facilities designated for detention by the juvenile board pursuant to Texas Family Code §51.12 are subject to Chapter 351 of this title.(c) A non-secure correctional facility is subject only to §355.206 of this title and exempt from the rest of this chapter if:(1) the facility is licensed by another state governmental entity; and(2) the facility's governing board has determined the facility will operate solely under the license of the other state governmental entity.</content><note type="source"><p>Source Note: The provisions of this §355.200 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.202"><num value="355.202">§355.202</num><heading>Waiver or Variance</heading><content>Unless expressly prohibited by another standard, an application for waiver or variance of any standard in this chapter may be submitted in accordance with §349.200 of this title.</content><note type="source"><p>Source Note: The provisions of this §355.202 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.204"><num value="355.204">§355.204</num><heading>Authority to Operate Non-Secure Correctional Facility</heading><content>Pursuant to Texas Family Code §51.126, a non-secure correctional facility may only be operated by:(1) a governmental unit in this State; or(2) a private entity under a contract with a governmental unit in this State.</content><note type="source"><p>Source Note: The provisions of this §355.204 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.206"><num value="355.206">§355.206</num><heading>Certification and Registration of Facility</heading><content>(a) Non-Secure Correctional Facilities. Before the facility admits residents, the juvenile board in the county or district where a non-secure correctional facility is located shall ensure:(1) the facility is certified in compliance with §51.126 of the Texas Family Code;(2) the number of beds is designated in the facility certification;(3) the facility is registered with TJJD in compliance with §51.126 of the Texas Family Code; and(4) the current facility certification and TJJD's facility registration are posted within a public area of the facility.(b) Retrofitted Adult Facilities. A juvenile board may use or contract with a non-secure correctional facility that was constructed or previously used for confinement of adult offenders if the juvenile board can document and TJJD can verify that the facility is appropriately retrofitted to adhere to applicable rules (i.e., standards) in Chapters 344, 345, 355, and 358 of this title.</content><note type="source"><p>Source Note: The provisions of this §355.206 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective September 1, 2024, 49 TexReg 5360.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.210"><num value="355.210">§355.210</num><heading>Acceptance of Residents</heading><content>(a) A non-secure correctional facility that is not licensed by another state agency may only accept and admit a child, as that term is defined in §51.02(2) of the Texas Family Code, who is under the jurisdiction of the juvenile court.(b) In addition to children admitted under subsection (a) of this section, a non-secure correctional facility that is licensed by another state agency may accept and admit children as permitted by the facility's license.</content><note type="source"><p>Source Note: The provisions of this §355.210 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.220"><num value="355.220">§355.220</num><heading>Facility Governing Board</heading><content>Each facility shall have a governing board.</content><note type="source"><p>Source Note: The provisions of this §355.220 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.226"><num value="355.226">§355.226</num><heading>Location and Operations</heading><content>(a) Co-located Facilities.(1) If the facility is located in the same building or on the grounds of any type of adult corrections facility, it shall be a separate, self-contained unit.(2) All applicable federal and state laws pertaining to the separation of juveniles from adult inmates shall apply.(3) The facility shall submit information and agree to monitoring from the Office of the Governor and/or the contract representative.(b) Separate Operations. Where a non-secure correctional facility is located in the same building or on the same grounds as a secure pre-adjudication detention or post-adjudication correctional facility, the following shall apply:(1) Direct verbal interaction and/or physical interaction shall be kept to a minimum. Sight and sound separation is not required.(2) During program hours, any situation where secure and non-secure populations are sharing the same physical space and/or program activity, there shall be separate and distinct supervision ratios maintained according to standards.(3) During non-program hours, a single juvenile supervision officer may simultaneously satisfy the supervision ratios for both secure and non-secure populations as long as the facility uses single occupancy housing units (SOHUs).</content><note type="source"><p>Source Note: The provisions of this §355.226 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.232"><num value="355.232">§355.232</num><heading>Serious Incidents</heading><content>All non-secure correctional facilities shall adhere to the requirements set forth in Chapter 358 of this title regarding serious incidents.</content><note type="source"><p>Source Note: The provisions of this §355.232 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.234"><num value="355.234">§355.234</num><heading>Abuse, Neglect, and Exploitation</heading><content>All non-secure correctional facilities shall adhere to requirements set forth in Chapter 358 of this title regarding abuse, neglect, and exploitation.</content><note type="source"><p>Source Note: The provisions of this §355.234 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scB/s355.236"><num value="355.236">§355.236</num><heading>Data Collection</heading><content>The facility administrator or chief administrative officer shall maintain and report to TJJD electronically, or in the format requested, accurate statistics in the following areas:(1) total number of grievances;(2) total number of personal restraint incidents;(3) total number of mechanical restraint incidents;(4) total number of disciplinary separations; and(5) total number of staff injuries resulting from interaction with residents.</content><note type="source"><p>Source Note: The provisions of this §355.236 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scC"><num value="C">SUBCHAPTER C</num><heading>PHYSICAL PLANT AND FIRE SAFETY</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.300"><num value="355.300">§355.300</num><heading>External and Perimeter Security</heading><content>The facility shall be constructed so:(1) the general public is denied access without authorization; and(2) egress for residents is unimpeded by architectural barriers.</content><note type="source"><p>Source Note: The provisions of this §355.300 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.304"><num value="355.304">§355.304</num><heading>Single-Occupancy Housing Units--SOHUs</heading><content>(a) SOHUs shall be constructed to contain no more than 24 beds in each housing unit.(b) Individual resident sleeping quarters shall be utilized as single-occupancy only, and at no time may more than one resident be placed in an individual resident sleeping quarter.(c) Individual resident sleeping quarters shall contain a bed above floor level.</content><note type="source"><p>Source Note: The provisions of this §355.304 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.306"><num value="355.306">§355.306</num><heading>Multiple-Occupancy Housing Units--MOHUs</heading><content>(a) MOHUs shall be designed to contain no more than 24 beds in each housing unit.(b) MOHUs shall have one bed above floor level for every resident assigned to the unit.(c) MOHUs shall contain residents of the same sex.</content><note type="source"><p>Source Note: The provisions of this §355.306 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.310"><num value="355.310">§355.310</num><heading>Program Areas</heading><content>The facility shall provide access to space for:(1) visitation;(2) religious activities;(3) interviewing and counseling;(4) educational instruction;(5) exercise; and(6) common activities.</content><note type="source"><p>Source Note: The provisions of this §355.310 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.312"><num value="355.312">§355.312</num><heading>Housing for Residents with Physical Disabilities</heading><content>All housing areas used by residents with a physical disability shall be designed for their use and provide for their safety and security in accordance with state and federal law.</content><note type="source"><p>Source Note: The provisions of this §355.312 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.314"><num value="355.314">§355.314</num><heading>Shower Facilities</heading><content>Residents shall have access to shower facilities with hot and cold running water within the non-secure correctional facility.(1) Non-secure correctional facilities shall contain one operable shower for every eight beds.(2) The facility shall have policies and procedures regarding residents' access to shower facilities and their supervision during the use of shower facilities.</content><note type="source"><p>Source Note: The provisions of this §355.314 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.316"><num value="355.316">§355.316</num><heading>Toilet Facilities</heading><content>(a) Residents shall have access to toilet facilities within the non-secure correctional facility.(b) Non-secure correctional facilities shall contain at least one operable toilet above floor level for every eight beds.(c) Urinals may be substituted for up to one-half of the toilets in housing areas permanently designed as all-male units.(d) The facility shall have policies and procedures regarding residents' access to toilet facilities and their supervision during the use of toilet facilities.</content><note type="source"><p>Source Note: The provisions of this §355.316 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.318"><num value="355.318">§355.318</num><heading>Washbasins</heading><content>(a) Residents shall have access to washbasins within the non-secure correctional facility.(b) Non-secure correctional facilities shall contain one operable washbasin for every 12 beds.(c) All washbasins shall have hot and cold running water.</content><note type="source"><p>Source Note: The provisions of this §355.318 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.320"><num value="355.320">§355.320</num><heading>Drinking Water</heading><content>(a) Residents shall have access to clean and fresh drinking water within the non-secure correctional facility.(b) The facility shall have policies and procedures regarding residents' access to drinking water.</content><note type="source"><p>Source Note: The provisions of this §355.320 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.324"><num value="355.324">§355.324</num><heading>Heating and Ventilation</heading><content>(a) The facility shall provide fully functioning heating, cooling, and ventilation systems adequate for the square footage of the facility.(b) Alternate means of ventilation in the facility shall be maintained.</content><note type="source"><p>Source Note: The provisions of this §355.324 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.326"><num value="355.326">§355.326</num><heading>Lighting</heading><content>Adequate lighting shall be provided to all areas of the facility.</content><note type="source"><p>Source Note: The provisions of this §355.326 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.330"><num value="355.330">§355.330</num><heading>Alternate Power Source</heading><content>(a) The facility shall have at least one alternate source of electrical power that provides for the simultaneous operation of life safety systems including:(1) emergency lighting;(2) illuminated emergency exit lights and signs;(3) emergency audible communication systems and equipment; and(4) fire detection and alarm system.(b) The alternate power source system shall be tested at least once every 15 calendar days to ensure the system is in working condition.(c) The alternate power source system (e.g., the alternate power source and the life safety systems required to be operated) shall be inspected at least once each year, no later than the last day of the calendar month of the previous year's inspection. This inspection must be completed by a person with qualifications established through work experience, relevant training, specialized licensure, or certification.(d) Each test of the alternate power source system shall be documented and include, at a minimum, the test date and test results.(e) Any system malfunctions or maintenance needs that are identified during a test or at any other time shall require that a written maintenance request be immediately submitted to the appropriate personnel.</content><note type="source"><p>Source Note: The provisions of this §355.330 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.334"><num value="355.334">§355.334</num><heading>Secure Storage Areas</heading><content>(a) Cleaning Supplies. Cleaning supplies and equipment shall be stored in a locked area and not accessible to residents.(b) Restraint Devices. There shall be a location for secure storage of restraining devices and related security equipment. This equipment shall be readily accessible to authorized persons.(c) Personal Property. The facility shall maintain written policies and procedures that addresses the process for secure storage of any personal property as needed.</content><note type="source"><p>Source Note: The provisions of this §355.334 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.336"><num value="355.336">§355.336</num><heading>Hazardous Materials</heading><content>(a) The facility shall maintain an inventory and a copy of the Material Safety Data Sheet (MSDS) for all hazardous materials located in the facility.(b) Materials manufactured for cleaning purposes or those used in the training process of a vocational training program or another program may be used by residents under the general supervision of a certified staff member or qualified individual. The resident must be provided instruction on the use of the hazardous material and the proper equipment as prescribed by the MSDS. Facility policies and procedures shall detail the requirements and restrictions of materials described in this standard.(c) Any use of hazardous materials shall be used according to the manufacturer's instructions.</content><note type="source"><p>Source Note: The provisions of this §355.336 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.340"><num value="355.340">§355.340</num><heading>Safety Codes</heading><content>(a) The facility shall conform to the provisions set forth in the Life Safety Code (i.e., National Fire Protection Association (NFPA) 101) and/or any applicable state and local fire safety codes. Local government ordinances or codes may substitute for the Life Safety Code only if the local ordinances or codes are specifically written to include building occupancy for correctional usage.(b) A formalized Life Safety Code/fire safety inspection shall be completed prior to the facility becoming operational.(c) All subsequent Life Safety Code/fire safety inspections shall be conducted no later than the last day of the calendar month of the previous year's inspection.(d) Each Life Safety Code/fire safety inspection shall result in a written report that contains at least the following information:(1) the identification of the specific code(s) used to complete the inspection. The code(s) used must be the Life Safety Code or the applicable state, municipal, or county specific fire code adopted by the jurisdiction;(2) the name of the governmental entity that conducted the inspection;(3) the identification of any applicable code violations or infractions and the corresponding corrective action requirements;(4) the name and title of the person conducting the inspection; and(5) the date(s) of the inspection.(e) Any deficiencies noted in the annual inspection report shall be immediately addressed by the facility administrator or designee. The facility administrator shall develop and document a corrective action plan to rectify all deficiencies.</content><note type="source"><p>Source Note: The provisions of this §355.340 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.342"><num value="355.342">§355.342</num><heading>Fire Safety Plan</heading><content>(a) The facility shall have in effect and available to all supervisory personnel written copies of a fire safety plan for the protection of all persons in the event of a fire for their evacuation to areas of refuge and for their evacuation from the building if necessary.(b) The fire safety plan shall be coordinated with and reviewed by the fire department whose jurisdiction includes the facility. The coordination and review efforts required in this standard shall be validated by written documentation prepared or attested to by a representative of the applicable fire department.(c) The fire safety plan shall require that all employees be instructed to ensure the following:(1) proper disposal of combustible refuse;(2) prompt evacuation of the facility; and(3) procedures for the use and control of flammable, toxic, and caustic materials.</content><note type="source"><p>Source Note: The provisions of this §355.342 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.344"><num value="355.344">§355.344</num><heading>Fire Safety Officer</heading><content>The fire safety officer shall:(1) ensure maintenance of a current fire drill log;(2) ensure that fire drills are conducted as required by §355.346 of this title;(3) ensure the posting of a plan for prompt evacuation of the facility as required by §355.346 of this title;(4) implement procedures for proper disposal of combustible refuse; and(5) implement procedures for the use and control of flammable, toxic, and caustic materials.</content><note type="source"><p>Source Note: The provisions of this §355.344 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.346"><num value="355.346">§355.346</num><heading>Fire Drills</heading><content>(a) Fire drills shall be conducted on all shifts at least every 90 calendar days. The facility shall maintain documentation of the date, time, and name of the staff conducting each fire drill.(b) All staff on duty in the facility shall participate in the fire drills.(c) Facility exits shall be clear of obstructions and properly marked for evacuation in the event of fire or emergencies.(d) Facility emergency evacuation plans shall be posted in all common and housing areas.</content><note type="source"><p>Source Note: The provisions of this §355.346 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.350"><num value="355.350">§355.350</num><heading>Emergency Preparedness Plan</heading><content>The facility shall have an emergency preparedness plan that includes, but is not limited to, severe weather, natural disasters, disturbances or riots, national security issues, and medical emergencies. The plan shall address:(1) the identification of key personnel and their specific responsibilities during an emergency or disaster situation;(2) agreements with other agencies or departments; and(3) transportation to pre-determined evacuation sites.</content><note type="source"><p>Source Note: The provisions of this §355.350 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scC/s355.360"><num value="355.360">§355.360</num><heading>Facility Maintenance, Cleanliness, and Appearance</heading><content>(a) Housekeeping Plan. The facility shall have a written and implemented housekeeping plan for the maintenance of a clean and sanitary facility.(1) The plan shall contain the following:(A) a schedule for periodic and routine cleaning and housekeeping including:(i) the identification of staff and resident responsibilities; and(ii) the regular cleaning and disinfection of toilet and shower areas currently in use;(B) a schedule for pest and vermin control; and(C) a requirement for the weekly cleaning, safety, and maintenance inspection by facility staff of all areas of the facility that are currently in use.(2) The housekeeping plan shall be accessible to staff.(b) Maintenance. The facility administrator shall be responsible for ensuring that the interior physical plant, exterior grounds, and all equipment are safe and properly functioning including, but not limited to, the following:(1) repairs shall be made promptly to all furniture, fixtures, and equipment currently in use that are not in safe working order;(2) all surfaces in facility areas currently being used shall be regularly maintained and repaired if damaged and shall be reasonably free from graffiti and markings, excluding minor damage from reasonable and expected wear and tear from normal use; and(3) all exterior grounds currently used for programmatic purposes or accessed by staff, residents or visitors are free from any health and safety hazards and are appropriately maintained to ensure the safe use by residents, staff and visitors.(c) Cleanliness. All areas of the facility where residents reside or participate in programming or services shall be clean, sanitary, and reasonably free from debris, rodents, insects and strong, offensive or foul odors.</content><note type="source"><p>Source Note: The provisions of this §355.360 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scD"><num value="D">SUBCHAPTER D</num><heading>FACILITY MANAGEMENT AND OPERATIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.400"><num value="355.400">§355.400</num><heading>Policy, Procedure, and Practice</heading><content>The governing board of the facility shall require that written policies and procedures exist governing the operation of all non-secure juvenile correctional facilities in the county or district, as applicable. The policies, procedures, and practices of the facility shall include:(1) a policy that strictly prohibits the following:(A) physical, sexual or emotional abuse, neglect, or exploitation of a resident by any individual having contact with a resident of the facility;(B) youth-on-youth sexual conduct between residents;(C) violations of the juvenile justice professionals' code of ethics as outlined in Chapter 345 of this title;(D) violations of any professional code of ethics or code of conduct by any individual providing services to or having contact with residents of the facility; and(2) a zero-tolerance policy and practice regarding sexual abuse in accordance with the Prison Rape Elimination Act of 2003 that provide for administrative and/or criminal disciplinary sanctions.</content><note type="source"><p>Source Note: The provisions of this §355.400 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.404"><num value="355.404">§355.404</num><heading>Designation of Facility Administrator</heading><content>The chief administrative officer or the governing board of the facility or the governing board's designee must designate a single facility administrator for each non-secure facility.</content><note type="source"><p>Source Note: The provisions of this §355.404 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.406"><num value="355.406">§355.406</num><heading>Duties of Facility Administrator</heading><content>(a) The facility administrator is responsible for the daily operations of the facility and must maintain an office on the grounds of the facility.(b) The facility administrator must designate a certified juvenile supervision officer to be in charge during his or her absence from the facility.(c) The facility administrator must develop, implement, and maintain a policies and procedures manual for the facility and must ensure the daily facility practice conforms to the policies and procedures detailed in the manual.(d) The facility administrator must review the facility's policies and procedures manual at least once each year, no later than the last day of the calendar month of the previous year's review, and maintain documentation of this review.(e) The facility administrator must make the policies and procedures manual available to all employees of the facility.(f) The facility administrator must ensure that all employees of the facility are:(1) trained on the policies and procedures manual provisions relevant to the employee's job functions during new employee orientation or prior to beginning service at the facility; and(2) notified of all changes or modifications to the policies and procedures manual in a timely manner.(g) The facility administrator must maintain documentation of the training described in subsection (f) of this section.(h) The facility administrator or designee must ensure that current, accurate, and confidential personnel records are maintained for each employee, which must include:(1) proof of age;(2) documentation of criminal background checks conducted as required by Chapter 344 of this title;(3) the completed application for employment;(4) training records; and(5) documentation of promotion, demotion, termination, and other personnel actions.(i) The facility administrator of a private entity under contract with a governmental unit in this state must provide the presiding officer of the juvenile board with jurisdiction over the facility with periodic updates on the operation of the facility, including the following information to be provided at least every quarter:(1) facility population and capacity reports;(2) number of serious incidents, by category, that occurred in the facility;(3) number of resident restraints by type (e.g., personal and mechanical);(4) number of injuries to residents requiring medical treatment; and(5) number of injuries to staff requiring medical treatment.(j) The facility administrator or chief administrative officer must ensure the accurate and timely submission of statistical data to TJJD in an electronic format or other format as requested by TJJD.(k) The facility administrator or chief administrative officer must ensure that all criminal history and background checks as required by Chapter 344 of this title are completed.</content><note type="source"><p>Source Note: The provisions of this §355.406 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.410"><num value="355.410">§355.410</num><heading>Internal Security</heading><content>(a) Policies and Procedures. Written policies and procedures for security and control of the facility shall include the following:(1) continued operations in the event of a work stoppage;(2) key control;(3) control of the use of:(A) tools;(B) medical equipment; and(C) kitchen tools;(4) provisions to prevent firearms from entering the facility; and(5) provisions for coordination with law enforcement authorities in the case of situations requiring assistance from city, county, or state law enforcement agencies.(b) Carrying of Firearms in Facility Prohibited. The policy set forth in subsection (a)(4) of this section shall include a provision to prohibit a juvenile probation officer authorized to carry a firearm under §142.006 of the Texas Human Resources Code from entering the facility with a firearm.(c) Documentation.(1) The facility administrator or designee shall ensure all incidents that affect the physical safety of residents or staff or otherwise significantly affect the operation of the facility are documented.(2) A copy of the documentation shall be placed in the file of any resident(s) involved in the incident.</content><note type="source"><p>Source Note: The provisions of this §355.410 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.414"><num value="355.414">§355.414</num><heading>Population</heading><content>(a) The population of the facility shall not exceed the rated capacity of the facility.(b) A daily population roster shall be maintained in chronological order by date and shall be available for TJJD monitoring purposes. The population roster shall include at a minimum:(1) the date and time the roster was compiled;(2) the names of all residents in the facility;(3) the sex of all residents in the facility;(4) the housing assignment location (e.g., multiple/single occupancy housing unit, assigned pod, bay, etc.) of all residents in the facility; and(5) the total resident population for each day.</content><note type="source"><p>Source Note: The provisions of this §355.414 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.416"><num value="355.416">§355.416</num><heading>Classification Plan</heading><content>All facilities shall have a classification plan that takes at least the following into account:(1) age;(2) sex;(3) offense;(4) behavior;(5) resident's potential vulnerabilities for sexual abuse that are discovered during the resident's behavioral health screening; and(6) any other special considerations.</content><note type="source"><p>Source Note: The provisions of this §355.416 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.420"><num value="355.420">§355.420</num><heading>Admission Records</heading><content>The facility shall obtain and record the following information at the time the resident is admitted into the facility:(1) date and time of admission;(2) name;(3) nicknames and aliases;(4) social security number;(5) last known address;(6) document(s) authorizing legal admission;(7) admitting offense;(8) name of attorney;(9) name, title, and signature of delivering individual;(10) sex;(11) race;(12) date of birth;(13) citizenship;(14) place of birth;(15) current education level;(16) last school attended;(17) name, relationship, address, and phone number of parents, legal guardians, or custodians; and(18) primary language of resident and resident's parent, legal guardian, or custodian.</content><note type="source"><p>Source Note: The provisions of this §355.420 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.422"><num value="355.422">§355.422</num><heading>Content of Resident Records</heading><content>Each resident's record shall include the following:(1) offense history;(2) inventory of cash and property surrendered;(3) list of approved visitors;(4) name of the assigned probation officer;(5) behavioral record, including any special incidents, discipline, or grievances;(6) referrals to other agencies; and(7) final release or transfer report.</content><note type="source"><p>Source Note: The provisions of this §355.422 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.424"><num value="355.424">§355.424</num><heading>Format and Maintenance of Records</heading><content>(a) Resident records shall be maintained in a uniform format for identifying and separating files.(b) Each facility shall have written policies and procedures to ensure the confidentiality of resident files.</content><note type="source"><p>Source Note: The provisions of this §355.424 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.426"><num value="355.426">§355.426</num><heading>Housing Records</heading><content>For each housing unit in the facility, the following documentation must be maintained:(1) a daily chronological log or electronic record documenting the resident's or housing unit's activity that identifies the juvenile supervision officers supervising the residents;(2) a daily report of admissions and releases; and(3) a population roster compiled as of 5:00 a.m. each day that includes, at a minimum:(A) the date and time the roster was compiled;(B) the name of all residents in the facility;(C) the sex of all residents in the facility;(D) the housing assignment location (i.e., the location where the resident sleeps) of all residents in the facility; and(E) the numerical total of the resident population for each day.</content><note type="source"><p>Source Note: The provisions of this §355.426 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.428"><num value="355.428">§355.428</num><heading>Qualifications to Provide Resident Supervision</heading><content>(a) A juvenile supervision officer may provide resident supervision only if he or she:(1) is currently certified as a juvenile supervision officer and, if applicable, has received the facility-specific training required in §355.429 of this title; or(2) meets the following criteria:(A) has not exceeded the deadline for submitting a certification application established by Chapter 344 of this title;(B) has completed all training required by §344.622 and §344.624 of this title; and(C) has passed the certification exam for juvenile supervision officers.(b) A juvenile supervision officer who fails to meet the requirements in subsection (a) of this section may not:(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or(2) perform any duties of a juvenile supervision officer listed in this title.</content><note type="source"><p>Source Note: The provisions of this §355.428 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.429"><num value="355.429">§355.429</num><heading>Additional Training Required for Certified Officers Hired by a Different Department</heading><content>(a) If a certified juvenile supervision officer is hired by a department or a private facility other than the one where the officer was employed at the time of receiving his or her certification, the officer must receive facility-specific training in the following topics as they relate to the duties of a juvenile supervision officer at the new department or facility:(1) suicide prevention plan;(2) preventing, identifying, and reporting abuse, neglect, and exploitation;(3) verbal de-escalation policies, procedures, and practices;(4) resident supervision, including resident behavior observation and documentation requirements;(5) behavior management, including the resident discipline plan;(6) facility safety and security;(7) referral of residents in need of medical, mental health, or dental services, as identified by staff or reported by residents;(8) fire safety plan, including fire drill procedures;(9) non-fire emergency and evacuation procedures;(10) recognizing and responding to mental health needs of residents;(11) resident grievance procedures;(12) transportation of juveniles; and(13) searches of juveniles.(b) A juvenile supervision officer who has not completed the training as required by subsection (a) of this section may not:(1) be included in the juvenile supervision officer-to-resident ratios listed in this chapter; or(2) perform any duties of a juvenile supervision officer listed in this title.</content><note type="source"><p>Source Note: The provisions of this §355.429 adopted to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.430"><num value="355.430">§355.430</num><heading>Supervision Requirements</heading><content>(a) Ratios. Ratios of juvenile supervision officers to residents on facility premises must adhere to the requirements set forth in this standard and be documented in policies and procedures.(1) Regardless of the ratio requirements established in paragraphs (2) and (3) of this subsection, at least one juvenile supervision officer must be on duty at all times.(2) During program hours, the ratio must be at least one juvenile supervision officer for every 12 residents.(3) During non-program hours, the ratio must be at least one juvenile supervision officer for every 24 residents.(4) A juvenile supervision officer may be counted in the ratio only if requirements of §355.428 and, if applicable, §355.429 of this title are met.(b) Same-Gender Supervision Requirement.(1) Policies and practice must ensure at least one juvenile supervision officer of each gender represented in the resident population is on duty and available to the residents on every shift.(2) Cross-gender supervision is prohibited during showers, physical searches, pat downs, disrobing of suicidal residents, or other times in which personal hygiene practices or needs would require the presence of a staff member of the same gender. However, if the resident is behind a closed, windowless door to shower or care for other personal hygiene needs, a same-gender staff member is not required. The requirements of this standard must be detailed in the facility's policies and procedures.(c) Level of Supervision.(1) Program Hours.(A) A juvenile supervision officer must provide direct supervision for residents during all program activities occurring on the facility's premises, except as described in paragraph (2) of this subsection.(B) The facility must conduct two documented resident counts during program hours. To count a resident as present, the staff member must visually observe the resident. Each count must include:(i) the physical location of each resident;(ii) for residents who are on the facility's premises, the resident's current activity; and(iii) for residents who are off the facility's premises, the reason for the off-premises activity.(2) Groups Supervised by Qualified Individuals. Residents may be supervised by a qualified individual when the individual is working with the residents in a capacity that relates to the individual's:(A) work experience;(B) relevant training;(C) specialized licensure; or(D) certification.(3) Non-Program Hours.(A) A juvenile supervision officer must visually observe and document each resident at random intervals not to exceed 15 minutes in a SOHU.(B) A juvenile supervision officer must have constant visual observation of residents in a MOHU and must document general observations of dorm activity at intervals not to exceed 30 minutes. If the physical configuration of the MOHU does not allow for constant visual observation of all residents, a juvenile supervision officer must visually observe and document each resident at random intervals not to exceed 15 minutes.(C) A juvenile supervision officer must document each visual observation made of residents. The documentation must include the time of the observation.</content><note type="source"><p>Source Note: The provisions of this §355.430 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.440"><num value="355.440">§355.440</num><heading>Nutritional Requirements</heading><content>Meals shall contain a variety of foods and meet the dietary requirements of the United States Department of Agriculture.</content><note type="source"><p>Source Note: The provisions of this §355.440 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.442"><num value="355.442">§355.442</num><heading>Menu Plans</heading><content>(a) The facility shall develop and follow daily written menu plans. Menu plans shall be reviewed and approved at least once each year, no later than the last day of the calendar month of the previous year's approval. The review and approval shall be conducted by a licensed or provisionally licensed dietician to ensure that the menu plans meet or exceed the requirements of the United States Department of Agriculture.(b) All deviations from the menu plan shall be documented.</content><note type="source"><p>Source Note: The provisions of this §355.442 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.444"><num value="355.444">§355.444</num><heading>Modified Diets</heading><content>Modified diets shall be provided upon the recommendation of a health care professional or when a resident's religious beliefs require it.</content><note type="source"><p>Source Note: The provisions of this §355.444 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.446"><num value="355.446">§355.446</num><heading>Mealtime Seating</heading><content>Each resident shall have access to a chair and table during mealtimes.</content><note type="source"><p>Source Note: The provisions of this §355.446 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.448"><num value="355.448">§355.448</num><heading>Staff Meals</heading><content>Facility staff members on duty where residents are eating are not required to eat, but if they do, they shall eat the same food served to the residents unless a special diet has been ordered by a health care professional or a staff's religious beliefs require it.</content><note type="source"><p>Source Note: The provisions of this §355.448 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.450"><num value="355.450">§355.450</num><heading>Daily Meal Schedule</heading><content>(a) Three meals shall be provided daily to each resident in the facility.(b) At least two of the meals shall be hot.(c) No more than 14 hours may elapse between the evening meal and breakfast unless a snack is provided.(d) Residents shall be allowed no less than ten minutes to eat once they have received their food.</content><note type="source"><p>Source Note: The provisions of this §355.450 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.452"><num value="355.452">§355.452</num><heading>On-Site Food Preparation</heading><content>A facility that prepares food on site shall maintain a valid permit and any required licenses issued by the local health department or the Texas Department of State Health Services.</content><note type="source"><p>Source Note: The provisions of this §355.452 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.454"><num value="355.454">§355.454</num><heading>Off-Site Food Preparation</heading><content>(a) Except as provided in subsection (b) of this section, a facility that receives food from an off-site source shall maintain a copy of any permit and/or license required by the local health department or the Texas Department of State Health Services. The transfer of such food to the facility shall be conducted in a manner to prevent contamination or adulteration.(b) If the facility receives food from an off-site source on a special occasion, the facility is not required to maintain a copy of any required permits or licenses for the additional off-site source. The facility shall not accept food from residents' family members.</content><note type="source"><p>Source Note: The provisions of this §355.454 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.458"><num value="355.458">§355.458</num><heading>Personal Hygiene</heading><content>(a) Residents shall be given appropriate instruction on personal and oral hygiene and shall be provided the necessary articles to maintain proper personal cleanliness.(b) Residents shall be provided the opportunity to shower daily and after participating in strenuous exercise.</content><note type="source"><p>Source Note: The provisions of this §355.458 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.460"><num value="355.460">§355.460</num><heading>Bedding</heading><content>(a) Each resident shall be provided suitable clean bedding, including at least one mattress cover, one sheet, one blanket, one pillow and pillowcase, and a mattress. Mattresses with an integrated pillow may be substituted for a separate pillow and pillowcase. An additional blanket may substitute for one sheet.(b) Clean bed linens shall be issued at least every seven calendar days.(c) Modifications to a resident's bedding items may be made in accordance with the facility's suicide prevention plan.</content><note type="source"><p>Source Note: The provisions of this §355.460 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.462"><num value="355.462">§355.462</num><heading>Towels</heading><content>A clean towel shall be issued to each resident daily.</content><note type="source"><p>Source Note: The provisions of this §355.462 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.464"><num value="355.464">§355.464</num><heading>Clothing</heading><content>(a) Residents shall have access to clean and appropriate clothing upon admission into the facility.(b) Residents shall have access to clean undergarments and socks daily and shall have access to other clean clothing at least twice per week.(c) Residents shall have access to climate-appropriate clothing for any outdoor programming or activities.(d) Modifications to a resident's clothing requirements may be made in accordance with the facility's suicide prevention plan.</content><note type="source"><p>Source Note: The provisions of this §355.464 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.470"><num value="355.470">§355.470</num><heading>Resident Searches</heading><content>(a) Residents shall be subjected only to the following searches:(1) a pat-down or frisk search as necessary for facility safety and security;(2) an oral cavity search to prevent concealment of contraband and to ensure the proper administration of medication;(3) a strip search in which the resident is required to surrender their clothing based on the reasonable belief that the resident is in possession of contraband or if there is reasonable belief that the resident presents a threat to the facility's safety and security;(A) a strip search shall be limited to a visual observation of the resident and shall not involve the physical touching of a resident;(B) a strip search shall be performed in an area that ensures the privacy and dignity of the resident; and(C) a strip search shall be conducted by a staff member of the same gender as the resident being searched;(4) an anal or genital body cavity search only if there is probable cause to believe that they are concealing contraband;(A) an anal or genital body cavity search shall be conducted only by a physician. The physician shall be of the same gender as the resident, if available;(B) all anal and genital body cavity searches shall be conducted in an office or room designated for medical procedures; and(C) all anal and genital body cavity searches shall be documented with the documentation being maintained in the resident's file.(b) During searches, the residents shall not be touched any more than necessary to conduct a comprehensive search.(c) Every effort shall be made to prevent embarrassment or humiliation of the resident.</content><note type="source"><p>Source Note: The provisions of this §355.470 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.476"><num value="355.476">§355.476</num><heading>Volunteers and Interns</heading><content>(a) Facilities utilizing a volunteer or internship program shall have written policies and procedures that contain the following components:(1) a description of the authority, responsibility, and accountability of volunteers and interns who work with the department;(2) provisions that govern the use of volunteers and interns who have regular or periodic supervised and unsupervised contact with residents regardless of the frequency of contact;(3) the selection and termination criteria, including disqualification based on specified criminal history;(4) the orientation and training requirements, including training on recognizing and reporting abuse, neglect, and exploitation;(5) a requirement that volunteers and interns meet minimum professional requirements if applicable; and(6) a written volunteer and intern registry, log, or other documentation that details all dates and times a volunteer or intern is present on the premises of the facility as well as the purpose of his or her visit.(b) This rule does not apply to an individual who performs volunteer services only once per year, and only under the supervision of facility staff.(c) Facilities may use volunteers and interns whose criminal history does not meet the requirements as described in Chapter 344 of this title; however, in no case shall these volunteers and interns be allowed to have unsupervised contact with residents.</content><note type="source"><p>Source Note: The provisions of this §355.476 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scD/s355.480"><num value="355.480">§355.480</num><heading>Release Procedures</heading><content>Prior to the release of a resident from the facility, the authorized staff member shall:(1) verify the identity of the person receiving custody;(2) verify the release authorization documents or document the authorization if a judge or juvenile probation officer authorized the release by telephone;(3) secure a signed release by the individual receiving the resident's personal property;(4) provide information to a parent, legal guardian, or custodian regarding:(A) all medication prescribed while the resident was in the facility that the resident is currently taking, and the name and contact information of the prescribing physician;(B) any pending medical, mental health, or dental appointments; and(C) any present concerns regarding the resident; and(5) secure a receipt signed by the person receiving custody.</content><note type="source"><p>Source Note: The provisions of this §355.480 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scE"><num value="E">SUBCHAPTER E</num><heading>RESIDENT HEALTH AND SAFETY</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.500"><num value="355.500">§355.500</num><heading>Pre-Admission Assessment for Injury, Illness, or Intoxication</heading><content>(a) Each facility shall have written policies and procedures addressing the admission of juveniles who are in need of emergency medical care due to injury, illness, or intoxication or who are in need of emergency mental health services.(1) Anyone presented for admission into the non-secure correctional facility who is in need of emergency medical care due to injury, illness, or intoxication, or is in need of mental health intervention shall not be admitted.(2) The referring person shall be directed to a health care facility to have the individual evaluated and treated.(b) Subsequent admission into the facility is contingent upon written medical clearance provided by a health care or mental health provider.(c) Each facility shall have written policies and procedures addressing intoxicated or chemically-impaired juveniles being admitted into the non-secure correctional facility and their need for specialized supervision.(d) Intoxicated or chemically-impaired individuals who have been medically cleared for admission should be placed under medical separation in accordance with §355.524 of this title.(e) Residents shall be assigned to the general program as soon as possible after admittance into the facility.</content><note type="source"><p>Source Note: The provisions of this §355.500 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.502"><num value="355.502">§355.502</num><heading>Mental Health Screening and Referral</heading><content>(a) Screening.(1) Unless the exception in subsection (b) of this section applies, a mental health screening instrument approved by TJJD shall be administered to each resident that is admitted into the non-secure correctional facility within 24 hours after admission. Documentation of administration shall be maintained to include, at a minimum, the date and time administered and the name and title of the person administering the screening.(2) The individual administering the screening instrument is not required to be a juvenile supervision officer or a certified juvenile probation officer, but the individual shall have either received training from TJJD in administering the screening instrument or training from an individual who is documented to have received training from TJJD on administering the screening instrument.(b) Exceptions.(1) A mental health screening is not required if the referral documents that arrive with the resident contain a TJJD-approved mental health screening instrument completed within the previous 14 calendar days or a psychological evaluation or behavioral health assessment completed within the previous 365 days. However, if the resident experienced a significant event (such as adjudication or removal from his/her home county) after the mental health screening was conducted, a new screening is required within 24 hours of admission.(2) A facility that chooses to administer a clinical assessment conducted by a mental health provider within 48 hours of a resident's admission is exempted from the screening instrument required by this standard. However, if a resident is released prior to the 48-hour time frame, a mental health screening shall be conducted prior to release.(3) If the facility uses the mental health screening instrument for the suicide risk assessment required in §355.504 of this title, the mental health screening instrument shall be administered within two hours after a resident's admission into the facility.(c) Referral. A resident who scores a positive screening on the screening instrument shall be:(1) administered a secondary screening immediately to assist in clarifying the resident's need for mental health intervention;(A) If the secondary screening confirms the positive screening and that mental health intervention is warranted, then a referral shall be made to a mental health provider or licensed physician within two hours from the completion of the initial mental health screening.(B) If the secondary screening substantiates that the initial positive screening was false, then no further mental health intervention is required; or(2) referred to a qualified mental health professional within two hours for consultation to determine if further mental health intervention is warranted;(A) The facility shall maintain documentation of the consultation in the resident's file.(B) If the qualified mental health professional recommends further mental health intervention is needed, then the resident must be referred to a mental health provider or licensed physician within 48 hours; or(3) referred directly to a mental health provider or licensed physician within two hours.(d) Documentation of secondary screening and referrals specific to the juvenile's positive screening on the screening instrument shall be maintained and forwarded to the resident's supervising juvenile probation officer.(e) Documentation of referrals, completed assessments, and evaluations, including dates and times, shall be retained in the resident's file and forwarded to the resident's supervising juvenile probation officer.</content><note type="source"><p>Source Note: The provisions of this §355.502 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.504"><num value="355.504">§355.504</num><heading>Health Screening and Assessment</heading><content>(a) Timing of Health Screening. A health screening shall be conducted on each resident within two hours after admission.(b) Persons Qualified to Conduct Health Screening. The health screening shall be conducted by:(1) an appropriately supervised licensed vocational nurse (LVN), a registered nurse (RN), a nurse practitioner, a physician assistant, or a physician;(2) a qualified and properly trained person who is operating under delegation from a physician in accordance with Texas Occupations Code §157.001, including, but not limited to, a medical assistant, emergency medical technician, or paramedic; or(3) an individual who has been trained on administering the facility's health screening by a person listed in paragraph (1) or (2) of this subsection.(c) Training Requirements for Health Screening. The training must include, at a minimum, instruction on:(1) how to take medical history;(2) how to make the required observations;(3) how to determine the appropriate disposition of a resident based on observations and responses to questions; and(4) how to document the findings on the screening instrument.(d) Health Screening Instrument. The health screening instrument shall be approved by an RN, nurse practitioner, physician assistant, or physician and shall include, at a minimum:(1) mental health conditions and treatment, including any hospitalizations;(2) suicide risk assessment in accordance with the facility's suicide prevention plan;(3) observation of the following, at a minimum:(A) general appearance, such as sweating, tremors, anxious, disheveled, or appropriate;(B) behavior, such as disorderly, erratic, or appropriate;(C) state of consciousness, such as alert, responsive, or lethargic;(D) ease of movement, such as ability to walk and move limbs, gait, and bodily deformities;(E) breathing, such as persistent cough, hyperventilation, or normal; and(F) skin condition, such as lesions, swelling, yellowing, rashes, scars, tattoos, bruises, and/or needle marks;(4) history of or current serious infectious disease including, at a minimum, tuberculosis;(5) recent communicable illness symptoms, such as chronic cough, coughing up blood, lethargy, weakness, weight loss, loss of appetite, fever, and/or night sweats;(6) history of or current sexually transmitted infections;(7) history of or current illnesses or chronic health conditions including, at a minimum:(A) allergies;(B) asthma or other respiratory problems;(C) dermatological conditions;(D) seizure disorder;(E) eye conditions; and(F) other acute or chronic conditions as determined by the health service authority;(8) history of or current gynecological problems;(9) current or recent pregnancy;(10) current use of medication(s) including, at a minimum, name, dosage, frequency, time of last dose taken, and name of prescribing physician;(11) dental problems;(12) use of alcohol or illegal drugs, including, at a minimum, type, amount, time of last use, and past treatment;(13) drug withdrawal symptoms;(14) special health requirements, such as dietary needs, physical disabilities, or prosthetics;(15) evidence of physical trauma;(16) recent injuries;(17) weight and height; and(18) any other health concerns reported by the resident.(e) Screening Methodology. The health screening shall be administered through directly questioning the resident, observing the resident's behavior and physical condition, and review of any available records. If any of the information is unknown at the time of the health screening, the screener shall indicate this by entering "unknown," "not applicable," or a line in the space or electronic field provided for this information on the health screening form.(f) Disposition and Medical Referral.(1) The individual who completes the screening shall:(A) document the disposition of the youth, such as referral to emergency services or placement in the general population with later referral for medical follow up; and(B) sign the screening instrument and document his/her title and the date and time of the screening.(2) For residents who are identified by the screening instrument as requiring follow-up consultation with a health care professional, facility staff shall:(A) contact the health care professional designated by the screening instrument as soon as possible but no later than 24 hours after completion of the screening, unless the screening instrument provides otherwise; and(B) ensure the resident receives follow-up medical care as directed by the health care professional.(3) The facility shall maintain and implement written policies and procedures to ensure that residents identified with potential medical problems (e.g., asthma, diabetes) are appropriately supervised until medical follow-up is received.(4) For residents who report taking prescription medication, facility staff shall document whether the resident's parent, guardian, or custodian has provided the facility with the medication and a written request to administer the medication. If the medication or written request has not been provided, facility staff shall contact a health care professional within 24 hours after completion of the screening to receive instruction.(g) Mandatory Health Assessment. Each resident shall receive a health assessment within 30 days after admission into the facility. The health assessment shall be conducted by:(1) an appropriately supervised licensed vocational nurse, a registered nurse, a nurse practitioner, a physician assistant, or a physician; or(2) a qualified and properly trained person who is operating under delegation from a physician in accordance with Texas Occupations Code §157.001, including, but not limited to, a medical assistant, emergency medical technician, or paramedic.(h) Results of Screening and Assessment. The results of the health screening and health assessment shall be communicated to appropriate staff.(i) Contagious or Infectious Disease. Any finding of the health screening that indicates a significant potential health risk to the staff or residents from a contagious or infectious disease shall be immediately reported to the facility administrator, and the affected resident shall be placed in medical separation until proper medical clearance is obtained.(j) Intra-Jurisdictional Custodial Transfer. A health screening is not required for intra-jurisdictional custodial transfer of residents if the non-secure facility receiving the resident is located within the same premises as the sending facility. If the two facilities are not located within the same premises, the only items required for the health screening are items enumerated in subsection (d)(2) and (15) of this section.</content><note type="source"><p>Source Note: The provisions of this §355.504 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.506"><num value="355.506">§355.506</num><heading>Behavioral Screening</heading><content>(a) Before being assigned to housing, the juvenile shall be screened for potential vulnerabilities or tendencies of acting out with sexually aggressive or assaultive behavior. Documentation of the screening shall be maintained. Housing assignments shall be made accordingly.(b) The behavioral screening shall take into consideration and address the following information:(1) age;(2) current charge(s) and offense history;(3) physical size/stature;(4) current state of mind;(5) sexual orientation;(6) prior sexual victimization or abuse;(7) level of emotional and cognitive development;(8) physical disabilities;(9) mental disabilities, including emotional, intellectual, and developmental disabilities; and(10) any other pertinent information.(c) The admission form shall contain the date of the behavioral screening and a written acknowledgement signed by the staff member who completed the behavioral screening stating that the information in the behavioral screening was taken into consideration when making a housing assignment.</content><note type="source"><p>Source Note: The provisions of this §355.506 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.510"><num value="355.510">§355.510</num><heading>Health Service Authority</heading><content>The facility shall have a designated health service authority responsible for the development and implementation of health care protocols within the facility. The health service authority shall be a physician, physician assistant, registered nurse, nurse practitioner, health administrator, or a medical entity. When a medical entity is designated as the health service authority, an individual shall be identified as the primary point of contact.</content><note type="source"><p>Source Note: The provisions of this §355.510 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.512"><num value="355.512">§355.512</num><heading>Health Service Plan</heading><content>(a) Health Service Plan. The facility shall have and implement a written health service plan developed in consultation with the designated health service authority. The health service plan shall establish the facility's health care delivery system and detail the protocols for the delivery of medical, mental health, and dental services for all residents. The plan(s) shall include, at a minimum:(1) procedures for conducting health screenings and health assessments;(2) procedures for the referral of residents in need of medical attention, either self-reported or identified by staff, for medical, mental, and dental services;(3) procedures for emergency health care services;(4) procedures to ensure continuity of care in accordance with the instructions of the medical provider including, but not limited to, the delivery of treatment, medication, referrals, follow up, and medically modified diets;(5) procedures relating to informed consent for medical, dental, psychological, and surgical treatment, as well as consent relating to immunizations and counseling services;(6) procedures relating to procurement, distribution, dispensing, disposal, and accounting of prescription and over-the-counter medication;(7) procedures for performing all examinations, treatments, and other procedures in a confidential setting consistent with facility operations and security;(8) procedures for patient transportation and evacuation;(9) procedures for identification and control of communicable diseases;(10) procedures for staff education and training relating to the facility's health care delivery system;(11) procedures relating to first aid kit contents, location, and periodic inspections; and(12) procedures for pregnant residents to receive timely and appropriate prenatal care, specialized obstetrical services when indicated, and postpartum care. These procedures shall also include procedures for the safe and appropriate restraint (both physical and mechanical) of pregnant residents.(b) Review of Health Service Plan. The health service plan shall be reviewed at least once every 24 months in consultation with the health service authority.</content><note type="source"><p>Source Note: The provisions of this §355.512 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.514"><num value="355.514">§355.514</num><heading>Health Services Coordinator</heading><content>(a) The facility shall have a designated health services coordinator on staff to coordinate health care delivery in the facility. The health services coordinator may be a contract employee as long as this staff member is on site.(b) If the health services coordinator is not a health care professional, the health services coordinator shall receive special training in health care and health care service delivery topics relevant to non-secure correctional facilities and be familiar with local health care providers and facilities. The facility shall work in conjunction with the health service authority to determine the topics of the specialized training required by this standard.</content><note type="source"><p>Source Note: The provisions of this §355.514 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.516"><num value="355.516">§355.516</num><heading>Medical Referral</heading><content>If a staff member observes any resident to be in need of medical attention or if a resident requests medical attention, the health care concern shall be addressed in accordance with the health service plan. The resident may not be denied access to health care if the resident will disclose the condition or reason for the treatment request only to a health care professional.</content><note type="source"><p>Source Note: The provisions of this §355.516 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.518"><num value="355.518">§355.518</num><heading>Consent for Medical Treatment</heading><content>(a) Consent for medical treatment shall be secured in accordance with Chapter 32 of the Texas Family Code.(b) Documentation of consent for medical treatment received, in accordance with Chapter 32 of the Texas Family Code, shall be maintained in the applicable resident files.</content><note type="source"><p>Source Note: The provisions of this §355.518 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.520"><num value="355.520">§355.520</num><heading>Confidentiality of Healthcare Encounters</heading><content>(a) All medical and mental health screenings and assessments must be conducted in a confidential setting consistent with facility operations and security.(b) All interactions between a resident and a health care professional that involve treatment or an exchange of confidential medical information must be conducted in private. The facility's policies and procedures may authorize a juvenile supervision officer to be present in the following situations:(1) if the resident poses a substantial risk to the safety of the health care professional or others;(2) if the facility has a written policy requiring the presence of a juvenile supervision officer during health care encounters;(3) if the health care professional or resident requests the presence of a juvenile supervision officer during the health care encounter; or(4) if the circumstances or situation indicate the presence of a juvenile supervision officer is necessary and prudent.</content><note type="source"><p>Source Note: The provisions of this §355.520 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.522"><num value="355.522">§355.522</num><heading>Medication Administration</heading><content>(a) Use of Medication. Except upon the order of a physician, physician assistant, dentist, or nurse practitioner, no stimulant, tranquilizer, or psychotropic drug shall be administered to residents.(b) Medication Policy. The governing board of the facility shall adopt a policy concerning the administration of medication to residents. The policy shall:(1) specify which facility personnel are authorized to administer medication to residents;(2) include medication that is brought into the facility by the resident's parent, guardian or custodian, in which case the facility administrator shall have a written request from the resident's parent, guardian or custodian to administer the medication and the medication shall be in the original, properly labeled container; and(3) include the dispensing of all prescription medication prescribed to the resident during the resident's stay in the facility.(c) Non-prescription Medication. Only staff who have had appropriate training in the administration of medication shall administer non-prescription medication (i.e., over-the-counter medication). The medication shall be administered according to the product instructions unless otherwise instructed by the health services coordinator. A health services coordinator who orders deviations from the product's directions shall be a health care professional. Deviations and the reason for the deviations shall be documented.(d) Documentation. Written documentation of all dispensed medication shall be maintained.</content><note type="source"><p>Source Note: The provisions of this §355.522 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.524"><num value="355.524">§355.524</num><heading>Medical Separation</heading><content>Medical separation may be authorized as a health precaution at the direction of a health care professional or the facility administrator.(1) The reasons for the medical separation of a resident must be documented and a copy placed in the resident's file.(2) If a resident has been placed in medical separation by a facility administrator for over 24 hours, the health care concern must be addressed by a health care professional in accordance with the health service plan. Upon completion of the health care professional's evaluation, the facility must obtain a written recommendation as to the need for the resident's continued medical separation and ongoing treatment services from the health care professional.(3) During medical separation, a juvenile supervision officer must personally observe and record the resident's behavior at random intervals not to exceed 15 minutes if the youth is placed behind an architectural barrier.</content><note type="source"><p>Source Note: The provisions of this §355.524 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.530"><num value="355.530">§355.530</num><heading>Suicide Prevention Plan</heading><content>(a) Plan.(1) The facility shall have a written suicide prevention plan developed in consultation with a mental health provider. The mental health provider's consultation services shall be documented and retained. Acceptable documentation includes, but is not limited to, the mental health provider's written name, signature, title, and professional credentials or licensing designation (e.g., LPC, LMSW, etc.).(2) The plan shall address at least the following components:(A) definitions of moderate risk and high risk for suicidal behavior;(B) a listing of the facility-specific criteria associated with each of the two risk classifications and the identification of staff with the authority and responsibility for assigning or determining a resident's risk classification;(C) a screening methodology which shall include, at a minimum:(i) policies and procedures relating to suicide screening at intake/admission and at other times during the resident's stay at the facility;(ii) identification of the specific suicide screening instrument, specific elements of the screening process, and identification of the person(s) responsible for the screening process;(iii) specific provisions regarding the assessment of risk when a resident refuses or is unable to cooperate with the screening process; and(iv) policies and procedures relating to how completed screening information and results are used in determining a resident's risk for suicidal behavior;(D) communication protocols which shall include, at a minimum:(i) policies and procedures specific to the internal and external communications directly related to residents who have been or are currently classified as moderate risk or high risk for suicidal behavior. For purposes of this standard, communications are defined as any written or verbal communications specific to the circumstances relating to the resident's status as a moderate risk or high risk for suicidal behavior; and(ii) policies and procedures for notifying the sending agency or a mental health provider as required in §355.534 of this title for youth classified as high risk for suicidal behavior. The policies and procedures shall identify what information must be communicated, who is responsible for initiating the communication, who is required to receive the information, and how the information must be communicated (e.g., direct contact, telephone, email, etc.);(E) level of supervision for residents assigned to moderate risk or high risk for suicidal behavior;(F) policies and procedures for intervening in an active suicide attempt, which shall identify, at a minimum:(i) staff responsibilities specific to the administration of first aid (e.g., cardiopulmonary resuscitation, etc.) and emergency notification of other facility staff for assistance and contact of outside emergency medical services;(ii) the process by which emergency medical services personnel are to gain access to the facility and how they are to be guided or escorted to the resident; and(iii) any life-saving and emergency equipment (e.g., first aid kit, Ambu-bag, rescue tools, ladder, etc.) that will be made available for staff to use in their intervention efforts, the location of such equipment, and staff responsible for maintaining, issuing, and using the equipment;(G) reporting of resident suicides and attempted suicides:(i) to TJJD as a serious incident within the time frames established in Chapter 358 of this title; and(ii) in accordance with any other applicable state law, administrative rule, or local policy or ordinance;(H) policies and procedures for staff training on the contents and implementation of the suicide prevention plan. The policies and procedures shall address, at a minimum, the training topics, curriculum to be used, and timeline for initial training and any follow-up training;(I) housing of residents assigned to moderate risk or high risk for suicidal behavior, including removal of any dangerous objects, which may include clothing and bedding items, from the resident's presence; and(J) formal mortality reviews following a resident's suicide to examine the specific circumstances that occurred prior to, during, and after the suicide to determine if there is a need for modified policies, procedures, and physical plant configurations. The mortality review plan shall, at a minimum:(i) require a review process that is separate and distinct from any and all formal investigations (e.g., investigations conducted by the facility, law enforcement, TJJD, etc.);(ii) identify the person or position who is responsible for leading the mortality review and any other applicable review team members (identified by name, position, or agency);(iii) identify how the findings and recommendations of the mortality review are to be recorded; and(iv) identify how the findings and any subsequent recommendations are to be relayed to the facility's governing board.(b) Implementation. The facility shall implement the suicide prevention plan. All residents shall be screened and assessed for suicide risk upon admission and as necessary thereafter.</content><note type="source"><p>Source Note: The provisions of this §355.530 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.532"><num value="355.532">§355.532</num><heading>Review and Dissemination of Suicide Prevention Plan</heading><content>(a) The suicide prevention plan shall be reviewed in consultation with a mental health provider at least once each year, no later than the last day of the calendar month of the previous year's review. Documentation of the review shall be maintained on the actual plan or in the form of a dated and signed letter from the mental health provider indicating the individual's title and the date that the review occurred. The documentation shall include the mental health provider's signature, title, and date of the review.(b) The suicide prevention plan shall be disseminated or made available to all facility staff having responsibilities named or enumerated in the facility's suicide prevention plan.</content><note type="source"><p>Source Note: The provisions of this §355.532 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.534"><num value="355.534">§355.534</num><heading>Mental Health Referral of High-Risk Suicidal Youth</heading><content>(a) If a resident is classified as high risk for suicidal behavior, the facility shall immediately notify the sending agency for transfer or release. Documentation of this notification shall be maintained including the date, time, name, and jurisdiction of the person notified.(b) If immediate transfer or release is not possible, the facility shall refer the resident classified as high risk for suicidal behavior to a mental health provider or mental health care facility for further assessment or intervention. The referral shall be made within two hours after classification. The facility shall maintain written documentation of the referral that includes:(1) the name and title of the mental health provider or mental health care facility notified;(2) the date and time of the referral;(3) the method of referral; and(4) a brief description of the response provided by the mental health provider or the responsive document from the mental health provider.</content><note type="source"><p>Source Note: The provisions of this §355.534 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.536"><num value="355.536">§355.536</num><heading>Supervision of High-Risk Suicidal Youth</heading><content>(a) Supervision. Residents classified as high risk for suicidal behavior who are awaiting an assessment by a mental health provider or transfer or release as described in §355.534(b) of this title must be:(1) provided constant, uninterrupted supervision by a certified juvenile probation officer or certified juvenile supervision officer; and(2) the supervising staff member must document his or her personal observations of the high-risk resident at intervals not to exceed 30 minutes.(b) Required Documentation. The following documentation must be maintained for high-risk suicidal residents:(1) the date and time the resident was classified as high risk for suicidal behavior;(2) name and title of the person who classified the resident as high risk for suicidal behavior;(3) a description of the resident's behavior and/or factors that led to the resident's classification as high risk for suicidal behavior;(4) name of the certified juvenile probation officer or certified juvenile supervision officer providing supervision of the resident;(5) the location of the resident's supervision;(6) the date and time the resident was reclassified as no longer being at high risk for suicidal behavior; and(7) the name and title of the mental health provider or physician who recommended the reclassification of the resident as no longer being at high risk for suicidal behavior.</content><note type="source"><p>Source Note: The provisions of this §355.536 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.538"><num value="355.538">§355.538</num><heading>Supervision of Moderate-Risk Suicidal Youth</heading><content>(a) Observation. Any time a resident is classified as a moderate risk for suicidal behavior and is not under constant visual observation, a juvenile supervision officer must personally observe and record the resident's behavior at random intervals not to exceed ten minutes.(b) Required Documentation. When providing supervision at random intervals, the juvenile supervision officer must document:(1) the date and time the resident was classified as moderate risk for suicidal behavior;(2) the location of the resident's supervision;(3) the name of the juvenile supervision officer providing supervision of the resident;(4) each visual observation made and the time of the observation; and(5) a general description of the resident's behavior.</content><note type="source"><p>Source Note: The provisions of this §355.538 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scE/s355.540"><num value="355.540">§355.540</num><heading>Reclassification of High- or Moderate-Risk Suicidal Youth</heading><content>Reclassification of a resident designated as high or moderate risk for suicidal behavior to a lower risk level shall only be determined by the facility administrator with the recommendation of a qualified mental health professional, a mental health provider, or a licensed physician.(1) Prior to recommending reclassification, a qualified mental health professional, mental health provider, or a licensed physician shall conduct a review of the resident's current suicide risk and issue a written recommendation which addresses the following:(A) the need to reclassify the resident's suicide risk level;(B) the need for intervention strategies and/or services during the resident's period of confinement within the facility; and(C) the need for additional assessment(s), screening(s) or evaluation(s).(2) The written recommendation of the qualified mental health professional, mental health provider, or licensed physician shall be maintained in the resident's record.(3) The facility administrator or designee shall review the written recommendation of the qualified mental health professional, mental health provider, or licensed physician prior to reclassifying a resident as no longer being at high risk for suicidal behavior.(4) Only the facility administrator or designee shall authorize the reclassification of a resident classified as high risk for suicidal behavior under this section.</content><note type="source"><p>Source Note: The provisions of this §355.540 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scF"><num value="F">SUBCHAPTER F</num><heading>RESIDENT RIGHTS AND PROGRAMMING</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.600"><num value="355.600">§355.600</num><heading>Visitation</heading><content>(a) Residents have the right to receive visitors and to communicate subject only to the limitations authorized in §355.602 of this title.(b) Residents shall be allowed visitation by a parent, legal guardian, or custodian at least once every seven calendar days for at least 30 minutes or the equivalent over multiple visits.(c) The parent, legal guardian, or custodian of the resident shall be provided a copy of the visitation schedule as soon as possible after the resident's admission to the facility.(d) A registry of all visitors shall be maintained to document the name and relationship to the resident.(e) A parent, legal guardian, or custodian shall not be denied private, in-person communication with his or her child for reasonable periods of time. The time, place, and conditions of the private, in-person communication may be regulated only to prevent disruption of scheduled activities and to maintain the safety of the facility/program.</content><note type="source"><p>Source Note: The provisions of this §355.600 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.602"><num value="355.602">§355.602</num><heading>Limitations on Visitation</heading><content>(a) The policies, procedures, and practices of the facility may limit a resident's visitation rights only to the extent required to maintain safety of the facility.(b) Restrictions on a resident's visitation rights shall not be imposed as a disciplinary sanction.(c) The facility administrator or designee shall provide written documentation justifying any restriction placed on a resident's visitation rights.(d) A resident shall not be denied communication or visitation with a parent, legal guardian, or custodian for a prescribed period of time after admission into the facility.</content><note type="source"><p>Source Note: The provisions of this §355.602 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.604"><num value="355.604">§355.604</num><heading>Access to Attorney</heading><content>A resident shall be permitted reasonable opportunities for confidential contact with the resident's attorney and the attorney's designated representatives through telephone, uncensored letters, and personal visits. A facility does not need to suspend visual supervision to accommodate this provision.</content><note type="source"><p>Source Note: The provisions of this §355.604 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.610"><num value="355.610">§355.610</num><heading>Telephone</heading><content>(a) Each facility shall have written policies and procedures regarding the rules for reasonable and fair telephone access by residents. The policy shall detail the specific telephone number(s), time of day, and length of phone calls allowed.(b) Restrictions on a resident's telephone rights shall not be imposed as a disciplinary sanction.(c) At a minimum, residents shall be provided the opportunity to complete at least one five-minute phone call every seven calendar days.(d) Facility staff shall document any restriction placed on a resident's telephone usage and maintain this documentation in the resident's file.(e) The facility's policies and procedures shall ensure the resident's parent, guardian, or custodian be provided with a copy of the policy regarding telephone privileges as soon as possible after the resident's admission to the facility.</content><note type="source"><p>Source Note: The provisions of this §355.610 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.612"><num value="355.612">§355.612</num><heading>Mail</heading><content>(a) Residents shall be provided access to writing materials and postage for no fewer than two letters every seven calendar days.(b) When a resident is released or transferred from the facility, his or her mail shall be forwarded to the resident's new address.(c) Each facility shall maintain written policies and procedures regarding the disposition of property received in the mail.</content><note type="source"><p>Source Note: The provisions of this §355.612 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.614"><num value="355.614">§355.614</num><heading>Limitations on Mail</heading><content>(a) Authorized Limitations. A resident's rights to privacy and correspondence may not be limited except when:(1) a reasonable belief exists to suspect that the correspondence is part of an attempt to formulate, devise, or otherwise effectuate a plan to violate a court order or state or federal laws. If such cause exists, then facility staff shall:(A) ask the resident's permission to read the letter;(B) if permission is denied, request a search warrant prior to opening and reading the letter; and(C) if a search warrant request is denied, the correspondence shall be provided to the resident;(2) correspondence with certain individuals is specifically forbidden by:(A) the resident's juvenile court-ordered rules of probation or parole;(B) the facility's rules of separation; or(C) a specific list of individuals furnished by a resident's parents, legal guardian, or custodian indicating who they feel should not communicate with the resident.(b) Returning Mail. Incoming correspondence described by subsection (a)(2) of this section shall be returned unopened to the sender.(c) Withholding Mail. When mail is withheld from the resident, the reasons shall be documented and a copy placed in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §355.614 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.616"><num value="355.616">§355.616</num><heading>Legal Correspondence</heading><content>Residents shall be furnished adequate postage for legal correspondence during their stay in the facility.</content><note type="source"><p>Source Note: The provisions of this §355.616 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.618"><num value="355.618">§355.618</num><heading>Inspection of Mail</heading><content>Mail may be opened by staff only in the presence of the resident with inspection limited to searching for contraband.</content><note type="source"><p>Source Note: The provisions of this §355.618 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.620"><num value="355.620">§355.620</num><heading>Illegal Discrimination</heading><content>Residents shall not be subjected to discrimination based on race, national origin, religion, sex, sexual orientation, gender identity, or disability.</content><note type="source"><p>Source Note: The provisions of this §355.620 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.624"><num value="355.624">§355.624</num><heading>Prohibited Supervision</heading><content>Residents shall not be subjected to supervision and control by other residents.</content><note type="source"><p>Source Note: The provisions of this §355.624 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.626"><num value="355.626">§355.626</num><heading>Facility Orientation</heading><content>(a) Each resident shall be provided a verbal orientation within 12 hours after admission into the facility.(b) The verbal orientation shall include an explanation of the facility's:(1) procedures to access health care and available services;(2) program rules with corresponding and maximum disciplinary sanctions;(3) grievance policies and procedures;(4) procedures to access mental health care and available services;(5) information regarding the reporting of suspected abuse, neglect, or exploitation of a child in a juvenile justice facility; and(6) policy that states the resident is ensured the right of confidentiality with regard to the items included in paragraphs (3) and (5) of this subsection and will not face reprisal for participating in the procedures included in these items.(c) If the resident is not sufficiently fluent in English, arrangements shall be made to provide the resident with an orientation in the resident's primary language within 48 hours after admission.(d) When a literacy problem prevents a resident from understanding written rules, a staff member or translator shall assist the resident within 48 hours after admission.(e) The facility shall:(1) provide each resident a written copy of the orientation materials upon completion of the orientation process; and/or(2) post the orientation information in an accessible area in the housing unit such as on a wall or in a binder.</content><note type="source"><p>Source Note: The provisions of this §355.626 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.630"><num value="355.630">§355.630</num><heading>Resident Discipline Plan</heading><content>Each facility shall develop and implement a written resident discipline plan that provides for the fair and consistent application of resident rules and sanctions. The resident discipline plan shall include, at a minimum, the following:(1) resident rule violations categorized into minor infractions and major violations as well as the corresponding sanctions available to staff. Minor infractions shall be limited to those rules which do not represent serious behavior against persons or property and behavior that does not pose a serious threat to facility order and safety. Major violations shall be limited to those rules which constitute serious behavior against persons or property and behavior that poses a serious threat to facility order and safety;(2) provisions to ensure that rule infractions or resident behaviors which constitute probable cause for a class B misdemeanor offense or above shall be referred to the law enforcement agency with jurisdiction for possible investigation and/or prosecution;(3) a listing of prohibited sanctions for residents that includes at least:(A) corporal punishment;(B) humiliating punishment including verbal harassment of a sexual nature or that relates to a resident's sexual orientation or gender identity;(C) allowing or directing one resident to sanction another;(D) group punishment for the acts of individuals;(E) deprivation or modification of required meals and snacks;(F) deprivation of clean and appropriate clothing;(G) deprivation or intentional disruption of scheduled sleeping opportunities;(H) deprivation or intentional delay of medical or mental health services;(I) physical exercise imposed for the purposes of compliance, intimidation, or discipline with the exception of practices allowed in §355.710 of this title; and(J) placement in a locked area or room during disciplinary restriction or disciplinary separation;(4) provisions that a resident shall be provided written notice of the alleged major rule violation against him or her no more than 24 hours after the violation;(5) provisions for an informal process for residents to resolve conflict with rule infractions and the corresponding sanctions, if the facility chooses to employ such a process. This process shall include established guidelines that provide instruction for residents and staff in using this informal process to review and resolve resident concerns. In no case shall a resident be sanctioned or retaliated against for electing to forego the informal disciplinary review process when they are eligible for formal disciplinary reviews;(6) provisions for disciplinary reviews for major rule violations, including established requirements for when to initiate formal disciplinary reviews and any ensuing appeals; and(7) provisions for the administrative review and closure of formal disciplinary reviews and appeals that are not disposed of prior to a resident's discharge from the facility.</content><note type="source"><p>Source Note: The provisions of this §355.630 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.632"><num value="355.632">§355.632</num><heading>Formal Disciplinary Reviews for Major Rule Violations</heading><content>Residents who are charged with a major rule violation shall receive a formal disciplinary review unless waived in writing by the resident. The formal disciplinary review shall occur within ten calendar days after the date the resident received notice of the violation.</content><note type="source"><p>Source Note: The provisions of this §355.632 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.634"><num value="355.634">§355.634</num><heading>Formal Disciplinary Review Process</heading><content>The formal disciplinary review process shall, at a minimum, adhere to the following requirements:(1) Disciplinary reviews must be before a neutral and impartial person or board that shall not include any staff member directly involved in the alleged rule violation or the imposed sanction.(2) Provisions shall be made for the disclosure of the evidence against the resident accused with a rule violation. A facility may choose not to disclose all evidence against a resident when the facility can document that the evidence would likely:(A) interfere with a corresponding criminal investigation or prosecution;(B) create a significant breach of facility security; and/or(C) compromise the physical safety of a resident.(3) A resident shall have the opportunity to be heard in person and to present evidence on his or her behalf.(4) A resident shall have the opportunity to request relevant witnesses on his or her behalf.(5) A resident shall have the opportunity to secure the aid of a staff member if the resident is illiterate, disabled, or otherwise unable to understand the nature of the proceedings.(6) If the disciplinary review determines that the resident did not commit a rule violation or that the corresponding sanction was inappropriate, facility staff shall restore or reinstate any denied or modified resident privileges.(7) At the conclusion of a disciplinary review, a written statement by the individual who conducted the disciplinary review or disciplinary board shall be prepared indicating the evidence relied upon and justification for the disposition. The statement shall be made available to the resident for review and a copy shall be retained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §355.634 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.636"><num value="355.636">§355.636</num><heading>Appeal of Disciplinary Review</heading><content>A resident may appeal the findings of a disciplinary review. The facility's resident discipline plan shall include at least the following:(1) provisions for a documented appeals process before a neutral and impartial person or persons who are not members of the disciplinary board. The appeals process shall afford each of the due process provisions enumerated in §355.634(2) - (7) of this title;(2) provisions that require the resident to submit the written request for an appeal no later than seven calendar days after a disposition is rendered in the disciplinary review;(3) provisions that require the resident's appeal to be heard within 30 calendar days after resident's request; and(4) provisions for a written statement by the appeals officer or appellate board at the conclusion of the review indicating the evidence relied upon and justification for the disposition. The statement shall be made available to the resident for review and a copy shall be retained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §355.636 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.638"><num value="355.638">§355.638</num><heading>Disciplinary Restriction</heading><content>(a) Disciplinary restriction may be used for minor rule infractions, major rule violations, imminent physical threat, or preventive behavior modifications. Disciplinary restriction may not exceed 90 minutes for the same incident.(b) If the resident is behind an architectural barrier during the period of restriction, a juvenile supervision officer must personally observe and record the resident's behavior at random intervals not to exceed 15 minutes.</content><note type="source"><p>Source Note: The provisions of this §355.638 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.640"><num value="355.640">§355.640</num><heading>Disciplinary Separation</heading><content>(a) Disciplinary separation may be used only when a resident commits a major rule violation or poses an imminent physical threat to self or others. Disciplinary separation may not exceed 24 hours for the same incident.(b) A written disciplinary report that describes the resident's precipitating behavior and identifies the staff's response must be completed promptly, but no later than the end of the shift on which the disciplinary separation occurs. The report must be submitted immediately to the facility administrator for review.(c) If the resident is behind an architectural barrier during the period of disciplinary separation, a juvenile supervision officer must personally observe and record the resident's behavior at random intervals not to exceed 15 minutes.(d) Any time period a resident is placed in disciplinary separation is continuous and includes non-program hours.</content><note type="source"><p>Source Note: The provisions of this §355.640 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.644"><num value="355.644">§355.644</num><heading>Resident Grievance Process</heading><content>(a) Grievance Process. Written policies and procedures, as well as actual practices, shall demonstrate that there is a formalized grievance process to address residents' complaints about their treatment and facility services. At a minimum, the formalized grievance process shall include the following policy, procedural, and practice elements:(1) the residents' ability to submit a grievance and have full access to the process;(2) a written response and resolution to all grievances no later than 10 calendar days from the date the grievance is received by staff;(3) confidentiality of grievance without fear of reprisal;(4) the resident's ability to participate in the resolution of a grievance, including the use of an intermediary and the ability to request witnesses;(5) periodic formal reviews of the grievance process and dispositions by administrative-level staff;(6) a tracking system and grievance log that accounts for all grievances submitted; and(7) post-release forwarding of a resident's unresolved grievance to the facility administrator or designee to determine if any action is needed.(b) Grievance Appeals. A resident may appeal a grievance resolution. The facility shall have written policies and procedures that include appeal provisions. The provisions shall include at least the following:(1) The resident shall have at least one level of appeal.(2) The resident shall have the ability to appeal to a supervisory or higher-level staff member who is not named in the grievance and who did not provide the initial grievance resolution.(3) A written response and resolution shall be provided to the resident within ten calendar days after the resident's appeal request.(4) A copy of the final disposition shall be retained in the resident's file.(c) Grievance Form. The grievance form shall contain the following elements:(1) the name of the resident;(2) the housing assignment;(3) the date of the grievance;(4) the grievance tracking identification;(5) the nature or description of the grievance;(6) the date and time of receipt;(7) the name and title of the person receiving the grievance;(8) the response or resolution to the grievance;(9) the date and time of the response;(10) the name and title of the person responding to the grievance; and(11) a space for a written request to appeal the grievance response.</content><note type="source"><p>Source Note: The provisions of this §355.644 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.648"><num value="355.648">§355.648</num><heading>Religious Services</heading><content>Residents shall not be required to participate in religious services and religious counseling. Residents who refuse to participate in religious services or religious counseling shall not be subjected to disciplinary sanctions.</content><note type="source"><p>Source Note: The provisions of this §355.648 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.650"><num value="355.650">§355.650</num><heading>Program Hours</heading><content>Each facility shall have a daily written program schedule outlining the stated activities during program hours.(1) Each resident shall be provided a minimum of ten hours of structured and unstructured activities.(2) Exceptions. Residents who are in disciplinary separation, disciplinary restriction, or medical separation may receive modification to their program schedule.(3) The facility shall maintain documentation of any program schedule deviation or modification.</content><note type="source"><p>Source Note: The provisions of this §355.650 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.654"><num value="355.654">§355.654</num><heading>Case Plan Coordination</heading><content>The facility administrator shall ensure that:(1) the resident is made available to the juvenile probation officer to participate in monthly status and progress reviews, as described in §341.506 of this title; and(2) a staff member who is knowledgeable about the resident's progress in the facility's programming:(A) participates in monthly status and progress reviews with the juvenile probation officer; and(B) provides a monthly written summary of the resident's progress in the facility's programming to the juvenile probation officer; and(3) documentation of the actions required in paragraphs (1) and (2) of this section is maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §355.654 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective January 1, 2017, 41 TexReg 5445.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.658"><num value="355.658">§355.658</num><heading>Recreation and Exercise</heading><content>(a) Supplies. Recreational equipment and supplies shall be provided to the residents.(b) Schedule. The recreational schedule shall offer the following programming:(1) at least one hour of large muscle exercise shall be scheduled each day; and(2) at least one hour of open recreational activity shall be scheduled each day.(c) Exceptions. A resident's recreational schedule may be altered under the following conditions:(1) participation by the resident is contraindicated for medical reasons;(2) the resident is in disciplinary separation, disciplinary restriction, or medical separation;(3) the resident has a scheduled appointment;(4) extenuating circumstances exist that impede the recreational schedule; or(5) the resident presents an imminent danger to self or others. Use of this provision shall require the written approval of the facility administrator.</content><note type="source"><p>Source Note: The provisions of this §355.658 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.660"><num value="355.660">§355.660</num><heading>Educational Program</heading><content>(a) The facility administrator shall ensure that there is an educational program that:(1) requires participation by all residents who have not attained a high school diploma or GED; and(2) provides educational services that comply with federal and state laws and regulations and that are commensurate with educational services provided to other students attending the educational provider's main campus.(b) When a resident is admitted to the facility, the facility administrator shall notify the school district in which the facility is located of the admission promptly, but no later than three business days after the admission.(c) The facility administrator shall ensure that the education provider has access to residents so that the educational program is afforded to all residents.</content><note type="source"><p>Source Note: The provisions of this §355.660 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.662"><num value="355.662">§355.662</num><heading>Educational Curriculum</heading><content>Students shall be provided coursework that is aligned with the Texas Essential Knowledge and Skills, in accordance with rules adopted by the Texas Education Agency.</content><note type="source"><p>Source Note: The provisions of this §355.662 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.664"><num value="355.664">§355.664</num><heading>Instructional Days</heading><content>The facility administrator shall ensure that the educational program provides for at least 180 days of instruction unless a waiver has been granted by the Texas Education Agency for fewer days or the number of educational days coincides with the local school district calendar.</content><note type="source"><p>Source Note: The provisions of this §355.664 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.668"><num value="355.668">§355.668</num><heading>Special Education</heading><content>(a) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities are provided a free and appropriate public education as determined by the Admission, Review, and Dismissal committee in order to meet the individual educational needs of the student as defined by federal and state laws.(b) The facility administrator, through a cooperative effort with the Local Education Agency (LEA), will ensure that residents with disabilities have available an instructional day commensurate with that of students without disabilities, in accordance with requirements contained in 19 TAC §89.1075.</content><note type="source"><p>Source Note: The provisions of this §355.668 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.670"><num value="355.670">§355.670</num><heading>Educational Space</heading><content>If the educational program is administered on facility premises, the facility administrator shall ensure that educational space is adequate to meet the instructional requirements for each resident.</content><note type="source"><p>Source Note: The provisions of this §355.670 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.672"><num value="355.672">§355.672</num><heading>Educational Staff Orientation</heading><content>(a) If the educational program is administered on facility premises, all permanent educational staff shall receive a facility orientation prior to performing instructional duties. Orientation shall include:(1) security procedures;(2) emergency procedures;(3) behavior management system and prohibited sanctions; and(4) reporting abuse, neglect, and exploitation.(b) A substitute educational staff member shall receive the orientation described in subsection (a) of this section prior to performing instructional duties if he/she is providing sole supervision of residents.</content><note type="source"><p>Source Note: The provisions of this §355.672 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.674"><num value="355.674">§355.674</num><heading>Reading Materials</heading><content>Age-appropriate reading materials shall be available to all residents.</content><note type="source"><p>Source Note: The provisions of this §355.674 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.678"><num value="355.678">§355.678</num><heading>Vocational Training Program</heading><content>If the facility offers a vocational training program that is not administered by the school and through which no academic credit is gained, the facility administrator shall ensure that appropriately qualified individuals provide instruction or mentoring in the vocational skills.</content><note type="source"><p>Source Note: The provisions of this §355.678 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.680"><num value="355.680">§355.680</num><heading>Work by Residents</heading><content>(a) Residents may be required to perform the following types of work responsibilities without monetary compensation:(1) assignments which are part of a formalized vocational training curriculum;(2) tasks performed as a community service pursuant to a juvenile court order; and(3) routine housekeeping chores which are shared by all youth in the facility, including general facility maintenance.(b) Residents shall not be permitted to perform any work prohibited by state or federal regulations pertaining to child labor.(c) Repetitive, purposeless, or degrading make-work is prohibited.(d) A resident's work assignments shall be excused or temporarily suspended if medically contraindicated.(e) Residents shall be provided with the necessary supervision, appropriate tools, cleaning implements, and clothing to safely and effectively complete their assignments.(f) Residents shall not perform personal services for staff.</content><note type="source"><p>Source Note: The provisions of this §355.680 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scF/s355.684"><num value="355.684">§355.684</num><heading>Experimentation and Research Studies</heading><content>(a) Experimentation. Participation by residents in medical, psychological, pharmaceutical, or cosmetic experiments is prohibited.(b) Research Studies. Participation by residents in medical, psychological, pharmaceutical, or cosmetic research is prohibited unless the research study is approved in writing by the governing board subject to the following guidelines:(1) The governing board shall promulgate policies that govern all authorized research studies. Studies that include medically invasive procedures shall be prohibited.(2) Approved research studies shall adhere to all applicable policies of the authorizing governing board.(3) Research studies approved by the governing board shall be reported to TJJD in a format prescribed by TJJD prior to the commencement of the study.(4) The results of the study shall be made available to TJJD upon request from the facility administrator, chief administrative officer, or governing board.(5) Policies governing research studies shall adhere to all federal requirements governing human subjects and confidentiality.</content><note type="source"><p>Source Note: The provisions of this §355.684 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scG"><num value="G">SUBCHAPTER G</num><heading>PHYSICAL TRAINING PROGRAMS</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.700"><num value="355.700">§355.700</num><heading>Physical Training Program</heading><content>(a) A non-secure correctional facility shall not operate a physical training program if the facility accepts non-adjudicated juveniles.(b) This subchapter applies only to facilities that operate a physical training program.</content><note type="source"><p>Source Note: The provisions of this §355.700 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.702"><num value="355.702">§355.702</num><heading>Governing Board Approval of Physical Training Program</heading><content>(a) Facilities that utilize a physical training program shall have written authorization from the governing board prior to operation.(b) The governing board's operational authorization process and written authorization shall be separate and distinct from the juvenile board's annual certification of the facility required by Texas Family Code §51.126.(c) The governing board's written authorization shall be retained as long as the physical training program remains operational.</content><note type="source"><p>Source Note: The provisions of this §355.702 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.704"><num value="355.704">§355.704</num><heading>Pre-Admission Requirements for Physical Training Programs</heading><content>(a) Prior to admitting a resident into the facility, the following documentation shall be reviewed by the facility administrator or designee:(1) a medical release signed and dated by a physician, physician assistant, or nurse practitioner approving the resident's participation in the facility's physical training program;(2) acknowledgement of the physician, physician assistant, or nurse practitioner of the components of the physical training program; and(3) a psychological evaluation, or behavioral health assessment, which shall indicate in writing the appropriateness for the juvenile's placement at the facility based on the needs and/or limitations of the child, including the juvenile's mental capabilities and limitations.(b) The documentation required by this rule shall be maintained in the resident's file or the resident's medical file.</content><note type="source"><p>Source Note: The provisions of this §355.704 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.706"><num value="355.706">§355.706</num><heading>Physical Training Program Plan</heading><content>The facility shall have a written physical training program plan developed in consultation with the facility's health service authority and approved by the governing board. The plan shall include:(1) a physical fitness screening tool that addresses whether the resident has the physical capability to fully participate in the physical training program. The tool shall be selected or developed by the facility administrator or designee;(2) a curriculum that addresses the specific types of exercises authorized to be used within the program. The curriculum shall:(A) define the time limitations of the individual exercises used in the physical training program; and(B) define the set number of repetitions of each exercise per session;(3) specific, minimum criteria to determine when outdoor weather conditions are too extreme or dangerous for physical training. The criteria shall address scheduling changes when necessary to ensure the safety of residents (e.g., seasonal scheduling changes to accommodate for weather patterns);(4) adjustments for increased dietary allowances in the residents' menu plan to accommodate the need for modified caloric intake and hydration; and(5) protocols for removal from the program if a resident becomes unfit to participate in the physical training program due to medical or mental health reasons.</content><note type="source"><p>Source Note: The provisions of this §355.706 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.708"><num value="355.708">§355.708</num><heading>Injury and Illness of Residents in Physical Training Programs</heading><content>If a resident is deemed unfit to participate in the physical training program at any time due to medical reasons, to return the resident to the program, the facility must obtain a written release signed by a physician, nurse practitioner, or physician assistant indicating that the resident is fit to resume program activities.</content><note type="source"><p>Source Note: The provisions of this §355.708 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.710"><num value="355.710">§355.710</num><heading>Disciplinary Sanctions in Physical Training Programs</heading><content>(a) The facility shall have written policies and procedures, including guidelines, parameters, and limitations, on the types of physical activity that may be used for discipline or refocusing purposes (e.g., physical activities used to discipline for non-compliant behavior or as a substitute for write-ups or disciplinary separation).(b) Physical exercise used for intimidation shall be prohibited in all facilities. This rule allows for physical exercise to be used for discipline in non-secure correctional facilities that incorporate a physical training program.(c) Residents shall not receive sanctions that cause bodily duress (i.e., physical punishment to the body).</content><note type="source"><p>Source Note: The provisions of this §355.710 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scG/s355.712"><num value="355.712">§355.712</num><heading>Physical Fitness Screening Tool</heading><content>(a) The resident shall not participate in the physical training program until the initial physical fitness screening tool has been completed and evaluated.(b) Every 30 calendar days, the facility shall administer the physical fitness screening tool to re-evaluate the resident's ability to participate in the physical training program.(c) The results of the resident's physical fitness screening and the facility designee's evaluation of the screening results shall be maintained in the resident's file.</content><note type="source"><p>Source Note: The provisions of this §355.712 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c355/scH"><num value="H">SUBCHAPTER H</num><heading>RESTRAINTS</heading><section identifier="/us/state/tx/tac/t37/p11/c355/scH/s355.800"><num value="355.800">§355.800</num><heading>Restraint Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless otherwise expressly defined within the chapter.(1) Approved Mechanical Restraint Device--A professionally manufactured and commercially available mechanical device designed to aid in the restriction of a person's bodily movement. TJJD-approved mechanical restraint devices are limited to the following for non-secure correctional facilities:(A) Ankle Cuffs--A metal band designed to be fastened around the ankle to restrain free movement of the legs;(B) Handcuffs--Metal devices designed to be fastened around the wrist to restrain free movement of the hands and arms;(C) Plastic Cuffs--Plastic devices designed to be fastened around the wrists or legs to restrain free movement of hands, arms or legs;(D) Waist Belt--A cloth, leather, or metal band designed to be fastened around the waist used to secure the arms to the sides or front of the body; and(E) Wristlets--A cloth or leather band designed to be fastened around the wrist which may be secured to a waist belt.(2) Approved Personal Restraint Technique--A professionally trained, curriculum-based, and competency-based restraint technique that uses a person's physical exertion to completely or partially constrain another person's body movement without the use of mechanical restraints. Personal restraint techniques shall first be approved for use by TJJD.(3) Chemical Restraint--The application of a chemical agent on a resident or residents.(4) Mechanical Restraint--The application of an approved mechanical restraint device which restricts or aids in the restriction of the movement of the whole or a portion of an individual's body to control physical activity.(5) Non-Ambulatory Mechanical Restraint--A method of prohibiting a resident's ability to stand upright and walk with the use of a combination of approved mechanical restraint devices, cuffing techniques, and the subject's body positioning. The four-point restraint and a restraint chair are examples of non-ambulatory mechanical restraints.(6) Personal Restraint--The application of physical force alone, restricting the free movement of the whole body or a portion of an individual's body to control physical activity.(7) Physical Escort--Touching or holding a resident with a minimum use of force for the purpose of directing the resident's movement from one place to another. A physical escort is not considered a personal restraint.(8) Protective Devices--Professionally manufactured devices used for the protection of residents or staff that do not restrict the movement of a resident. Protective devices are not considered mechanical restraint devices.(9) Restraint--The application of an approved personal restraint technique, an approved mechanical restraint device, or a chemical restraint to an individual so as to restrict the individual's freedom of movement or to modify the individual's behavior.(10) Soft Restraints--Non-metallic wristlets and anklets used as stand-alone restraint devices. These devices are designed to reduce the incidence of skin, nerve, and muscle damage to the restrained subject's extremities.</content><note type="source"><p>Source Note: The provisions of this §355.800 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scH/s355.802"><num value="355.802">§355.802</num><heading>Restraint Requirements</heading><content>(a) Restraints may be used only by juvenile supervision officers and juvenile probation officers.(b) Prior to participating in any restraint, juvenile probation officers and juvenile supervision officers must be trained in the use of the facility's specific verbal de-escalation policies, procedures, and practices.(c) Prior to participating in a restraint, juvenile probation officers and juvenile supervision officers must have received training and demonstrated competency in the TJJD-approved restraint used by the facility.(d) Restraints may be used only in instances of an imminent threat of self-injury, injury to others, or serious property damage.(e) Restraints may be used only as a last resort.(f) Only the amount of force and type of restraint necessary to control the situation may be used.(g) Restraints must be implemented in such a way as to protect the health and safety of the resident and others.(h) Restraints must be terminated as soon as the resident's behavior no longer indicates an imminent threat of self-injury, injury to others, or serious property damage.</content><note type="source"><p>Source Note: The provisions of this §355.802 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scH/s355.804"><num value="355.804">§355.804</num><heading>Restraint Prohibitions</heading><content>Restraints that employ a technique listed in this section are prohibited:(1) restraints used for punishment, discipline, retaliation, harassment, compliance, intimidation, or as a substitute for an appropriate disciplinary separation;(2) restraints that deprive the resident of basic human necessities, including restroom opportunities, water, food, and clothing;(3) restraints that are intended to inflict pain;(4) restraints that place a resident in a prone or supine position with sustained or excessive pressure on the back, chest, or torso;(5) restraints that place a resident in a prone or supine position with pressure on the neck or head;(6) restraints that obstruct the resident's airway, including a procedure that places anything in, on, or over the resident's mouth or nose or around the resident's neck;(7) restraints that interfere with the resident's ability to communicate;(8) restraints that obstruct the view of the resident's face;(9) any technique that does not require the monitoring of the resident's respiration and other signs of physical distress during the restraint;(10) percussive or electrical shocking devices;(11) chemical restraints;(12) mechanical restraints that secure a resident to any part of a vehicle or to another resident; or(13) non-ambulatory restraints.</content><note type="source"><p>Source Note: The provisions of this §355.804 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scH/s355.806"><num value="355.806">§355.806</num><heading>Restraint Documentation</heading><content>(a) Except for restraints described in §355.818 of this title, all restraints shall be fully documented and the documentation shall be maintained. Written documentation regarding the use of restraints shall, at a minimum, require:(1) the name of the resident;(2) the name and title of the staff member(s) who administered the restraint;(3) the date of the restraint;(4) the duration of each type of restraint, including notation of the time each type of restraint began and ended;(5) the location of the restraint;(6) the description of the preceding activities;(7) the behavior which prompted the initial and the continued restraint of the resident;(8) the type of restraint(s) applied;(A) the specific type of personal restraint hold applied;(B) the type of mechanical restraint device(s) applied; and(C) the type of chemical restraint(s) utilized;(9) de-escalation efforts as well as all restraint alternatives attempted; and(10) whether or not any injury occurred during the restraint and the description of the injury.(b) Any deviations from the holds as trained in the TJJD-approved personal restraint technique shall also be documented.</content><note type="source"><p>Source Note: The provisions of this §355.806 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scH/s355.808"><num value="355.808">§355.808</num><heading>Personal Restraint</heading><content>In addition to the requirements found in §§355.802, 355.804, and 355.806 of this title, the use of personal restraints is governed by the following criteria:(1) Personal restraints must be administered in a manner specific to or consistent with the approved personal restraint technique adopted by the facility.(2) Juvenile supervision officers and juvenile probation officers must be retrained in the approved personal restraint technique selected by the facility according to the requirements of the particular technique or at least every 365 calendar days, whichever time frame is shorter.</content><note type="source"><p>Source Note: The provisions of this §355.808 adopted to be effective November 15, 2013, 38 TexReg 7973; amended to be effective February 1, 2018, 42 TexReg 5701.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c355/scH/s355.810"><num value="355.810">§355.810</num><heading>Mechanical Restraint</heading><content>(a) Requirements.(1) Only approved mechanical restraint devices shall be used by a facility.(2) Mechanical restraint devices shall only be used in a manner consistent with their intended use.(3) All mechanical restraint devices shall be inspected at least once each year, no later than the last day of the calendar month of the previous year's inspection. All faulty or malfunctioning devices shall be restricted from use until they are repaired or replaced.(b) Prohibitions.(1) Approved mechanical restraint devices shall not be altered from the manufacturer's design.(2) A resident shall not be placed in a prone position while restrained in any mechanical restraint for a period of time longer than necessary to apply the restraint device.(3) A mechanical restraint shall not secure a resident in a prone, supine, or lateral position with the resident's arms and hands behind the resident's back and secured to the resident's legs.(4) Approved mechanical restraint devices shall not be secured so tightly as to interfere with circulation or so loosely as to cause chafing of the skin.(5) Approved mechanical restraint devices shall not be secured to a stationary object.(6) A resident in an approved mechanical restraint device shall not participate in any physical activity.(7) Plastic cuffs shall only be used in emergency situations.</content><note type="source"><p>Source Note: The provisions of this §355.810 adopted to be effective November 15, 2013, 38 TexReg 7973.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c358"><num value="358">CHAPTER 358</num><heading>IDENTIFYING, REPORTING, AND INVESTIGATING ABUSE, NEGLECT, EXPLOITATION, DEATH, AND SERIOUS INCIDENTS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c358/scA"><num value="A">SUBCHAPTER A</num><heading>DEFINITIONS, APPLICABILITY, AND GENERAL REQUIREMENTS</heading><section identifier="/us/state/tx/tac/t37/p11/c358/scA/s358.100"><num value="358.100">§358.100</num><heading>Definitions</heading><content>Terms used in this chapter have the following meanings unless otherwise expressly defined within the chapter.(1) Abuse--an intentional, knowing, or reckless act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program that causes or may cause emotional harm or physical injury to, or the death of, a juvenile served by the juvenile justice facility or program. Abuse also includes the definition in Section 261.001, Family Code.(2) Administrator--the chief administrative officer of a juvenile probation department, juvenile justice program, juvenile justice facility, or non-juvenile justice contract facility.(3) Administrative Designee--the role assigned to the administrator when a preponderance of evidence determines that the proximate cause of the abuse, neglect, or exploitation was based on policies and procedures under the direct control of the administrator.(4) Department--a juvenile probation department.(5) Emotional harm--an impairment in the juvenile's growth, development, or psychological functioning that normally requires evaluation or treatment by a trained mental health or health care professional, regardless of whether evaluation or treatment is actually received. Sexual conduct between employees, volunteers, or contractors and juveniles is presumed to cause substantial emotional harm.(6) Exploitation--the illegal or improper use of a juvenile or the resources of a juvenile for monetary or personal benefit, profit, or gain by an employee, volunteer, or other individual working under the auspices of a facility or program. (7) Incident Report Form--the form used to report to TJJD allegations of abuse, neglect, or exploitation, the death of a juvenile, and serious incidents. (8) Internal Investigation--a formalized and systematic inquiry conducted in response to an allegation of abuse, neglect, or exploitation or the death of a juvenile. (9) Internal Investigative Report--the written report submitted to TJJD that summarizes the steps taken and the evidence collected during an internal investigation of alleged abuse, neglect, or exploitation or the death of a juvenile.(10) Investigative Report--the written report prepared by TJJD detailing its investigation and findings.(11) Juvenile--a person who is under the jurisdiction of the juvenile court, confined in a juvenile justice facility, housed in a non-juvenile justice contract facility pursuant to an order of the juvenile court, or participating in a juvenile justice program, including a prevention and intervention program, regardless of age. (12) Juvenile Justice Facility ("facility")--a facility that is registered by TJJD pursuant to Sections 51.12, 51.125, or 51.126, Family Code.(13) Juvenile Justice Program ("program")--a program or department that:(A) serves juveniles under juvenile court or juvenile board jurisdiction; or(B) is operated wholly or partly by the juvenile board or by a private vendor under a contract with the juvenile board. The term includes:(i) a juvenile justice alternative education program; (ii) a non-residential program that serves juvenile offenders under the jurisdiction of the juvenile court or juvenile board; and (iii) a juvenile probation department. (14) Medical Treatment--medical care, processes, and procedures that are performed by a physician, physician assistant, licensed nurse practitioner, emergency medical technician (EMT), paramedic, or dentist. Diagnostic procedures are excluded from this definition unless intervention beyond basic first aid is required.(15) Neglect--a negligent act or omission by an employee, volunteer, or other individual working under the auspices of a facility or program, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a juvenile served by the facility or program. Neglect also includes the definition in Section 261.001, Family Code.(16) Non-Juvenile Justice Contract Facility--a facility in which a juvenile is placed pursuant to a contract with a department, program, facility, or juvenile board, other than a facility registered with TJJD.(17) Physical Injury--an injury that normally requires examination or treatment by a trained health care professional, regardless of whether examination or treatment is actually received. (18) Preponderance of the Evidence--a standard of proof meaning the credible and reliable evidence establishes that it is more likely than not that conduct meeting the definition of abuse, neglect, or exploitation occurred.(19) Reasonable Cause to Believe--a reasonable ground to suspect that a juvenile has been or may be abused, neglected, or exploited or that a juvenile's physical or mental health or welfare has been adversely affected by abuse or neglect. (20) Report--formal notification to TJJD of alleged abuse, neglect, or exploitation, the death of a juvenile, or a serious incident. (21) Serious Incident--an incident that meets one of the following definitions:(A) escape--the unauthorized departure of a juvenile who is in custody or the failure of a juvenile to return to custody following an authorized temporary leave for a specific purpose or specific, limited time period;(B) attempted escape--committing an act that amounts to more than mere planning but that fails to effect an escape;(C) abscond from a nonsecure facility--the unauthorized departure of a juvenile who has been placed in a nonsecure facility by the juvenile court or the failure of a juvenile to return to a nonsecure facility following an authorized temporary leave for a specific purpose or specific, limited time period; (D) attempted suicide--any voluntary and intentional action that could likely result in taking one's own life;(E) reportable injury--any physical injury sustained by a juvenile accidentally, intentionally, recklessly, or otherwise that: (i) does not result from a personal, mechanical, or chemical restraint and requires medical treatment; or (ii) results from a personal, mechanical, or chemical restraint and is a substantial injury. (F) juvenile sexual conduct--conduct between two or more juveniles, regardless of age, that is conduct described in paragraphs (25) and (28) of this section, regardless of whether the juveniles consented to the conduct; or(G) juvenile-on-juvenile physical assault--a physical altercation involving two or more juveniles that results in any of the involved parties sustaining an injury that requires medical treatment. (22) Serious Physical Abuse--bodily harm or a condition that: (A) resulted directly or indirectly from the conduct that formed the basis of an allegation of abuse, neglect, or exploitation; and (B) requires medical treatment. (23) Sexual Abuse--includes sexual abuse (by contact or by non-contact) of a juvenile by an employee, contractor, or volunteer or by another juvenile. (24) Sexual Abuse by Contact (employee, volunteer, or contractor)--any physical contact between an employee, contractor, or volunteer and a juvenile, with or without the consent of the juvenile that includes: (A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;(B) contact between the mouth and the penis, vulva, or anus;(C) contact between the mouth and any body part where the employee, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;(D) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the employee, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire; (E) any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the actor has the intent to abuse, arouse, or gratify sexual desire; and(F) any attempt by an employee, contractor, or volunteer to engage in the activities described in subparagraphs (a) - (e) of this paragraph. (25) Sexual Abuse by Contact (by another juvenile)--any of the following acts between juveniles, if the victim does not consent, is coerced into the act by overt or implied threats of violence, or is unable to consent or refuse, either actually or legally:(A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;(B) contact between the mouth and the penis, vulva, or anus;(C) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and(D) any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.(26) Sexual Abuse by Non-Contact (by employee, volunteer, or contractor)--any sexual behavior, conduct, harassment, or actions by an employee, contractor, or volunteer, which are exhibited, performed, or simulated in the presence of a juvenile or with reckless disregard for the presence of a juvenile but do not meet the definition of sexual abuse by contact, including but not limited to: (A) any threat or request for a juvenile to engage in the activities described in paragraph (24) of this section;(B) any display of uncovered genitalia, buttocks, or breasts in the presence of a juvenile;(C) voyeurism, which means an invasion of privacy of a juvenile for reasons unrelated to official duties, such as peering at a juvenile who is using a toilet to perform bodily functions; requiring a juvenile to expose his or her buttocks, genitals, or breasts; or taking images of all or part of a juvenile's naked body or of a juvenile performing bodily functions; and(D) sexual harassment.(27) Sexual Harassment (by employee, contractor, or volunteer)--repeated verbal comments or gestures of a sexual nature to a juvenile, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.(28) Sexual Harassment (by another juvenile)--any of the following directed by one juvenile to another juvenile: repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one juvenile directed toward another.(29) Substantial Injury--an injury that is significant in size, degree, or severity. (30) Subject--a person alleged or found to be responsible for the abuse, neglect, or exploitation of a juvenile through the person's actions or failure to act.(31) TJJD OIG--TJJD Office of Inspector General.(32) Victim--a juvenile who is alleged or found to be a victim of abuse, neglect, or exploitation.</content><note type="source"><p>Source Note: The provisions of this §358.100 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scA/s358.110"><num value="358.110">§358.110</num><heading>Interpretation.</heading><content>(a) Headings. The headings in this chapter are for convenience only and are not intended as a guide to the interpretation of the standards in this chapter.(b) Including. Unless the context clearly indicates otherwise, the words "include," "includes," and "including," when following a general statement or term, are to be understood as introducing a non-exhaustive list.(c) Time. Any period of days set forth in this chapter is computed as set forth in Section 311.014, Government Code. Unless otherwise specified, a period of "days" means "calendar days." When this chapter requires or allows an act by any party other than TJJD to be done at or within a specified time period, the executive director or Board may, for good cause shown, order the period extended or permit the act to be done after the expiration of the specified period.</content><note type="source"><p>Source Note: The provisions of this §358.110 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scA/s358.120"><num value="358.120">§358.120</num><heading>Applicability</heading><content>(a) Unless otherwise expressly stated, this chapter applies to: (1) allegations of abuse, neglect, or exploitation involving a juvenile and an employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility, regardless of the physical location of the alleged abuse, neglect, or exploitation;(2) serious incidents involving a juvenile that:(A) occur on the premises of a program, facility, or non-juvenile justice contract facility; or(B) regardless of the physical location, occur while in the presence of an employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility; and(3) a death of a juvenile that:(A) occurs on the premises of a program, facility, or non-juvenile justice contract facility; (B) results from an illness, incident, or injury that occurred, was discovered, or was reported on the premises of a program, facility, or non-juvenile justice contract facility; or(C) regardless of the physical location, occurs while in the presence of an employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility.(b) For purposes of this chapter, "working under the auspices of a facility, program, or non-juvenile justice contract facility" includes providing a service to juveniles when that service is authorized by the juvenile board or pursuant to a contract for placement.</content><note type="source"><p>Source Note: The provisions of this §358.120 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scA/s358.130"><num value="358.130">§358.130</num><heading>Toll-Free Call Center.</heading><content>TJJD maintains a staffed incident reporting center with a toll-free number to facilitate the reporting of alleged abuse, neglect, exploitation, death, and serious incidents. Additionally, TJJD maintains alternative forms of contact for the continuity of operations, including email and secondary phone numbers.</content><note type="source"><p>Source Note: The provisions of this §358.130 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c358/scB"><num value="B">SUBCHAPTER B</num><heading>RESPONSIBILITIES OF DEPARTMENTS, PROGRAMS, AND FACILITIES</heading><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.200"><num value="358.200">§358.200</num><heading>Policy and Procedure</heading><content>(a) Departments, programs, and facilities shall have written policies and procedures that require, in accordance with this chapter: (1) reporting allegations of abuse, neglect, or exploitation of a juvenile to local law enforcement, TJJD, and other appropriate governmental units when there is reasonable cause to believe that abuse, neglect, or exploitation has occurred;(2) reporting death of a juvenile to local law enforcement and TJJD; and(3) reporting serious incidents to TJJD.(b) Departments, programs, and facilities shall include the following in all contracts with non-juvenile justice contract facility:(1) a requirement for the non-juvenile justice contract facility to report allegations of abuse, neglect, exploitation, the death of a juvenile, or a serious incident to the department, program, or facility and to TJJD in accordance with this chapter;(2) a requirement for the non-juvenile justice contract facility to conduct an internal investigation or allow the department, program, or facility to do so and to cooperate with such investigation; and(3) a requirement to cooperate with TJJD with any assessment or investigation.</content><note type="source"><p>Source Note: The provisions of this §358.200 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.210"><num value="358.210">§358.210</num><heading>Information on Reporting</heading><content>(a) As soon as practicable after a child is taken into custody or placed in a facility or program, the facility or program shall provide the child's parents with:(1) information regarding the reporting of suspected abuse, neglect, or exploitation of a juvenile in a facility or program to TJJD; and(2) the TJJD toll-free number for this reporting. (b) Departments, programs, and facilities must prominently display signage provided by TJJD regarding a zero-tolerance policy concerning abuse of juveniles. The signage must be in English and Spanish and be displayed in each of the following places: (1) lobby or visitation areas of the department, program, or facility to which the public has access; (2) juvenile housing and common areas; (3) common medical treatment areas; (4) common educational areas; and (5) other common areas.</content><note type="source"><p>Source Note: The provisions of this §358.210 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.220"><num value="358.220">§358.220</num><heading>Data Reconciliation</heading><content>(a) For all allegations of abuse, neglect, or exploitation, the death of a juvenile, and serious incidents occurring within the reporting period, the department or facility must provide the data listed in subsection (b) to TJJD in the electronic format requested or supplied by TJJD. (b) The data must include: (1) name and Personal Identification Number (PID) of each alleged victim; (2) name and date of birth of each subject of investigation; (3) date and time of alleged incident; (4) date the alleged incident was reported to TJJD; (5) type of alleged incident (i.e., abuse, neglect, exploitation, death, or serious incident); (6) type of injury, if applicable; (7) whether the alleged incident was restraint-related and, if so, what type of restraint was involved (i.e., personal, mechanical, or chemical); (8) disposition of internal investigation (i.e., founded, unfounded, or inconclusive); and (9) county-generated case identification number. (c) The data must be supplied at least annually or more frequently if required by TJJD. The data must include any additional information not listed in this section if specifically requested by TJJD.</content><note type="source"><p>Source Note: The provisions of this §358.220 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.230"><num value="358.230">§358.230</num><heading>Reporting Abuse, Neglect, and Exploitation</heading><content>(a) Duty to Report. An employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility must report an allegation of abuse, neglect, or exploitation to TJJD and local law enforcement if the person has reasonable cause to believe a juvenile has been or may be abused, neglected, or exploited or that a juvenile's physical or mental health or welfare has been adversely affected by abuse or neglect. (b) Non-Delegation of Duty to Report. In accordance with Chapter 261, Family Code, the duty to report cannot be delegated to another person.(c) Other than Sexual Abuse or Serious Physical Abuse.(1) Time Frames for Reporting. A report of alleged abuse, neglect, or exploitation other than allegations involving sexual abuse or serious physical abuse must be made no later than 24 hours after the time the person gains knowledge of or has reasonable cause to believe that abuse, neglect, or exploitation has occurred.(2) Methods for Reporting.(A) The report to TJJD may be made by phone or by emailing a completed Incident Report Form. (B) If the report to TJJD is made by phone, a completed Incident Report Form must be submitted by email within 24 hours after the phone report.(C) The report to law enforcement must be made by phone.(d) Sexual Abuse or Serious Physical Abuse.(1) Time Frames for Reporting.(A) A report of alleged sexual abuse or serious physical abuse must be made to local law enforcement immediately, but no later than one hour after the time a person gains knowledge of or has a reasonable belief that alleged sexual abuse or serious physical abuse has occurred. (B) A report of alleged sexual abuse or serious physical abuse must be made to TJJD immediately, but no later than four hours, after the time a person gains knowledge of or has a reasonable belief that alleged sexual abuse or serious physical abuse has occurred. (2) Methods for Reporting.(A) The initial report to TJJD must be made by phone using the toll-free number as designated by TJJD. (B) Within 24 hours after the initial phone report to TJJD, the completed Incident Report Form must be submitted to TJJD by email. (C) The initial report to law enforcement must be made by phone.</content><note type="source"><p>Source Note: The provisions of this §358.230 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.240"><num value="358.240">§358.240</num><heading>Reporting Serious Incidents</heading><content>(a) Duty to Report. An employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility must report a serious incident to TJJD if the person:(1) witnesses, learns of, or receives an oral or written statement from a juvenile or other person with knowledge of a serious incident; or (2) has reasonable cause to believe that a serious incident has occurred.(b) Time Frame for Reporting. A report of a serious incident must be made within 24 hours from the time a person gains knowledge of or has reasonable cause to believe that a serious incident occurred.(c) Methods for Reporting Serious Incidents. (1) The report may be made by phone or by emailing a completed Incident Report Form to TJJD. (2) If the report is made by phone, a completed Incident Report Form must be submitted to TJJD by email within 24 hours after the phone report.(d) Medical Documentation. A treatment discharge form or other medical documentation that contains evidence of medical treatment pertinent to the reported incident must be submitted to TJJD within 24 hours after receipt by the department, program, facility, or non-juvenile justice contract facility.</content><note type="source"><p>Source Note: The provisions of this §358.240 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.250"><num value="358.250">§358.250</num><heading>Reporting Deaths</heading><content>(a) Duty to Report. An employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility must report to local law enforcement and to TJJD OIG if the person has reasonable to cause to believe a juvenile has died and the death: (1) occurred on the premises of a program, facility, or non-juvenile justice contract facility; (2) resulted from an illness, incident, or injury that occurred, was discovered, or was reported on the premises of a program, facility, or non-juvenile justice contract facility; or(3) occurred while in the presence of an employee, volunteer, or other individual working under the auspices of a facility, program, or non-juvenile justice contract facility, regardless of where the death occurred.(b) Time Frames for Reporting.(1) A report of a death must be made to local law enforcement immediately upon, and no later than one hour after, the discovery or notification of the death. (2) A report of a death must be made to TJJD OIG immediately upon, and no later than four hours after, the discovery or notification of the death. (3) A written report of the cause of death must be submitted to the Office of the Attorney General no later than 30 days after the juvenile's death if required by Article 49.18, Code of Criminal Procedure.(4) A copy of the death investigative report must be submitted to TJJD no later than 10 days after completion.(c) Methods for Reporting. (1) The initial report to TJJD must be made by phone using the toll-free number as designated by TJJD. (2) Within 24 hours after the phone report to TJJD, the completed Incident Report Form must be submitted to TJJD OIG by email.(3) The initial report to law enforcement must be made by phone.</content><note type="source"><p>Source Note: The provisions of this §358.250 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.260"><num value="358.260">§358.260</num><heading>Parental Notification</heading><content>(a) Requirement to Notify. Notification, or diligent efforts to notify, must be made to the parent(s), guardian(s), and custodian(s) of a juvenile who has died or who is the alleged victim of abuse, neglect, or exploitation or was involved in a serious incident. (b) Time of Notification. The notice or efforts to notify required by subsection (a) of this section must be made as soon as possible, but no later than 24 hours, from the time a person gains knowledge of or has a reasonable belief that the allegation of abuse, neglect, or exploitation or the death of a juvenile occurred or that a serious incident has occurred. (c) Method of Notification. The notice or efforts to notify required by subsection (a) of this section may be made by phone, in writing, or in person.(d) Documentation of Notification. The notice or efforts to notify required by subsection (a) of this section must be documented on TJJD's Incident Report Form and in the internal investigative report.</content><note type="source"><p>Source Note: The provisions of this §358.260 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.270"><num value="358.270">§358.270</num><heading>Reporting of Allegations by Juveniles</heading><content>(a) Right to Report. Juveniles have the right to report to TJJD allegations of abuse, neglect, or exploitation and the death of a juvenile. During orientation to a facility or program, juveniles must be advised in writing of:(1) their right to report allegations under this subsection; and(2) TJJD's toll-free number available for reporting allegations under this subsection.(b) Policy and Procedure. Departments, programs, and facilities must have written policies and procedures that provide a juvenile with reasonable, free, and confidential access to telephones for reporting allegations to TJJD.(c) Access to TJJD. Upon the request of a juvenile, staff must facilitate the juvenile's reasonable, free, and confidential access to a telephone for reporting allegations to TJJD.</content><note type="source"><p>Source Note: The provisions of this §358.270 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.280"><num value="358.280">§358.280</num><heading>Internal Investigation</heading><content>(a) Investigation Requirement. In every case in which a report of the death of a juvenile or of an allegation of abuse, neglect, or exploitation has occurred, an internal investigation must be conducted. The investigation must be conducted by a person qualified by experience or training to conduct a comprehensive investigation.(b) Initiation of Investigation. The internal investigation must be initiated immediately upon the chief administrative officer or the private facility administrator or their respective designees gaining knowledge of the death of a juvenile or the allegation of abuse, neglect, or exploitation. However, the initiation of the internal investigation will be postponed if: (1) directed by local law enforcement; (2) requested by TJJD OIG; or (3) after consultation with local law enforcement or TJJD OIG, it is determined that the integrity of potential evidence could be compromised. (c) Burden of Proof. The burden of proof in an internal investigation is preponderance of the evidence. A higher or lower burden of proof may not be implemented. (d) Policy and Procedure. Departments, programs, and facilities must have written policies and procedures for conducting internal investigations under this chapter. The internal investigation must be conducted in accordance with the policies and procedures of the department, program, or facility. The policies and procedures must be provided to TJJD upon request.(e) Juvenile Board Responsibilities. If the chief administrative officer or the private facility administrator is the person alleged to have abused, neglected, or exploited a juvenile, the juvenile board chair must: (1) conduct the internal investigation; or (2) appoint an individual to conduct the internal investigation who is not one of the following: (A) the person alleged to have abused, neglected, or exploited the juvenile(s); (B) a subordinate of the person alleged to have abused, neglected, or exploited the juvenile(s); or (C) a law enforcement officer currently acting in the capacity as a criminal investigator for the alleged abuse, neglect, or exploitation of the juvenile(s).(f) Time Frame for Internal Investigation. The internal investigation must be completed within 30 business days after the initial report to TJJD. TJJD may extend this time frame upon request. TJJD may require submission of all information compiled to date or a statement of the status of the investigation when determining whether or not to grant an extension or after granting an extension.(g) Written and Electronically Recorded Statements. During the internal investigation, diligent efforts must be made to obtain written or electronically recorded oral statements from all persons with direct knowledge of the alleged incident.</content><note type="source"><p>Source Note: The provisions of this §358.280 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.290"><num value="358.290">§358.290</num><heading>Corrective Measures.</heading><content>Corrective measures must be taken at the conclusion of the internal investigation, if warranted, that may include:(1) a review of the policies and procedures pertinent to the alleged incident; (2) revision of any policies or procedures as needed; (3) administrative disciplinary action or appropriate personnel actions against all persons found to have abused, neglected, or exploited a juvenile or to have otherwise engaged in misconduct; and (4) the provision of additional training for all appropriate persons to ensure the safety of the juveniles, employees, and others.</content><note type="source"><p>Source Note: The provisions of this §358.290 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.300"><num value="358.300">§358.300</num><heading>Internal Investigative Report</heading><content>(a) An internal investigative report must be completed at the conclusion of each internal investigation resulting from an allegation of abuse, neglect, or exploitation or the death of a juvenile. (b) The internal investigative report must include: (1) the date the internal investigation was initiated;(2) the date the internal investigation was completed;(3) the date the alleged victim's parent, guardian, or custodian was notified of the allegation, or documentation that diligent efforts to provide the notification were made; (4) a summary of the original allegation; (5) relevant policies and procedures related to the incident; (6) a summary or listing of the steps taken during the internal investigation; (7) a written summary of the content of all oral interviews conducted; (8) a listing of all evidence collected during the internal investigation, including all audio and/or video recordings and polygraph examinations; (9) relevant findings of the investigation that support the disposition; (10) one of the following dispositions: (A) founded, which means the evidence indicates that it is more likely than not that the conduct that formed the basis of an allegation of abuse, neglect, or exploitation occurred or that other conduct constituting abuse, neglect, or exploitation occurred;(B) unfounded, which means the evidence indicates the conduct that formed the basis of an allegation of abuse, neglect, or exploitation did not occur and no other conduct constituting abuse, neglect, or exploitation occurred; or(C) inconclusive, which means the evidence does not clearly indicate whether or not the conduct that formed the basis of an allegation of abuse, neglect, or exploitation occurred or other conduct constituting abuse, neglect, or exploitation occurred. (11) the date the internal investigative report was completed; (12) the names of all persons who participated in conducting the internal investigation;(13) the name and signature of the person who submitted the internal investigative report; and (14) the administrative action, disciplinary action, or corrective measures taken to date, if applicable (e.g., terminated, suspended, retrained, returned to duty, or none).(c) If disciplinary action is imposed after the submission of the internal investigative report, the administrator or designee must notify TJJD of the disciplinary action no later than five calendar days after the disciplinary action is imposed.</content><note type="source"><p>Source Note: The provisions of this §358.300 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.310"><num value="358.310">§358.310</num><heading>Submission of Internal Investigative Report</heading><content>(a) A copy of the internal investigative report must be submitted to TJJD no later than five calendar days following its completion. (b) The following documentation collected during the internal investigation must be submitted to TJJD with the internal investigative report: (1) written statements; (2) relevant medical documentation; (3) training records, if applicable; and (4) any other documentation used to reach the disposition of the internal investigation.</content><note type="source"><p>Source Note: The provisions of this §358.310 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.320"><num value="358.320">§358.320</num><heading>Reassignment or Administrative Leave during the Internal Investigation.</heading><content>(a) Upon gaining knowledge of an allegation of abuse, neglect, or exploitation, and until the finding of the internal investigation is determined, the person alleged to have abused, neglected, or exploited a juvenile must be placed on administrative leave or reassigned to a position having no contact with the alleged victim, relatives of the alleged victim, or other juveniles. (b) If the chief administrative officer or the private facility administrator is the person alleged to have abused, neglected, or exploited a juvenile, the juvenile board chair must immediately place the chief administrative officer or private facility administrator on administrative leave or reassign that person to a position having no contact with the alleged victim, relatives of the alleged victim, or other juveniles.(c) If, during the internal investigation, the subject of the investigation resigns or is terminated from employment, the department or facility must notify TJJD no later than the second business day after the resignation or termination. (d) If a subject of investigation obtains employment in another jurisdiction before the disposition of the internal investigation has been finalized, the person may not be placed in a position having any contact with any juveniles until the disposition of the internal investigation is finalized in the county of previous employment.</content><note type="source"><p>Source Note: The provisions of this §358.320 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.330"><num value="358.330">§358.330</num><heading>Cooperation with TJJD Investigation</heading><content>(a) All persons must fully cooperate with any investigation of an allegation of abuse, neglect, or exploitation, the death of a juvenile, or a serious incident. A failure to do so may result in an action involving the person's certification or provisional certification pursuant to Chapter 349 of this title.(b) A diligent effort must be made to identify and make available for questioning all persons with knowledge of an allegation of abuse, neglect, or exploitation, serious incident, or the death of a juvenile that is the subject of a TJJD investigation.(c) Upon request by TJJD, all evidence must be provided to TJJD in the format requested.</content><note type="source"><p>Source Note: The provisions of this §358.330 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scB/s358.340"><num value="358.340">§358.340</num><heading>Cooperation with Other Agencies</heading><content>All persons must fully cooperate with any investigation of alleged abuse, neglect, or exploitation, serious incident, or death of a juvenile by another state agency or licensing entity with authority to investigate, such as an agency that holds the occupational license of a person who is the subject of the investigation.</content><note type="source"><p>Source Note: The provisions of this §358.340 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c358/scC"><num value="C">SUBCHAPTER C</num><heading>TJJD ASSESSMENT AND INVESTIGATION</heading><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.400"><num value="358.400">§358.400</num><heading>TJJD Assessment and Referral</heading><content>(a) TJJD OIG will complete an assessment on all reports of alleged abuse, neglect, or exploitation of a juvenile, the death of a juvenile, or serious incidents. TJJD may conduct an assessment when there is reasonable cause to believe that one is warranted.(b) The purpose of an assessment is to determine if conduct or alleged conduct falls under:(1) TJJD's investigative authority and, if so, if an investigation is necessary; or(2) TJJD's other regulatory authority and, if so, if other action is warranted.(c) TJJD may request information from the juvenile probation department or facility making the report or where the alleged incident occurred, which may include requests for records, digital media, video, audio, and other related information or items. The entity to which the request is made must provide the requested information or, if it does not exist, an explanation that it does not exist, no later than two business days after the request is made unless a later time is agreed upon between TJJD and the entity.(d) After assessment, TJJD OIG will conduct an investigation if it determines the matter is within TJJD OIG's jurisdiction to investigate or will refer the matter as appropriate to another TJJD division, the appropriate juvenile probation department or facility, or another governmental entity.</content><note type="source"><p>Source Note: The provisions of this §358.400 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.410"><num value="358.410">§358.410</num><heading>TJJD Investigations</heading><content>(a) Investigations may be conducted based on a report to TJJD or may be initiated by TJJD when there is reasonable cause to believe that an incident may require investigation, regardless of how TJJD is made aware of the matter.(b) Investigations will be conducted by TJJD in accordance with TJJD policies and procedures for investigations.(c) Investigations must be prompt, thorough, and directed at resolving all relevant issues.(d) The primary objective of each investigation under this chapter is to ensure the health, safety, and well-being of the alleged victim(s) and other juveniles.(e) Only a person qualified by experience and training may be assigned to conduct an investigation. (f) If a subject of a TJJD abuse, neglect, and exploitation investigation obtains employment in another jurisdiction before the disposition of the investigation has been finalized, the person may not be placed in a position having any contact with any juveniles until the disposition of the investigation is finalized by TJJD or TJJD otherwise approves.</content><note type="source"><p>Source Note: The provisions of this §358.410 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.420"><num value="358.420">§358.420</num><heading>Findings in Abuse, Neglect, and Exploitation Investigations.</heading><content>(a) In order to find that a person engaged in abuse, neglect, or exploitation, there must be a preponderance of evidence to establish the person engaged in conduct that meets the definition of abuse, neglect, or exploitation, including having done so with the required mental state.(b) A person acts intentionally, or with intent, with respect to the nature of the person's conduct or the result of the conduct when it is the person's conscious objective or desire to engage in the conduct or to cause the result.(c) A person acts knowingly, or with knowledge, with respect to the nature of the person's conduct or the result of the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.(d) A person acts recklessly, or is reckless, with respect to circumstances surrounding the person's conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.(e) A person acts with negligence when the person does something that an ordinarily prudent person exercising ordinary care would not have done under the same circumstances or fails to do something that an ordinarily prudent person in the exercise of ordinary care would have done.(f) An investigation of potential abuse requires a finding of whether the subject intentionally, knowingly, or recklessly acted or failed to act and, if so, whether the act caused emotional harm or physical injury to the juvenile or posed a significant and foreseeable risk of emotional harm or physical injury.(g) An investigation of potential neglect requires a finding of whether the subject engaged in a negligent act or omission and, if so, whether the action or failure to act was a substantial factor in bringing about a substantial emotional harm or physical injury to the juvenile or posed a significant and foreseeable risk of emotional harm or physical injury.(h) An investigation of potential exploitation requires a finding of whether a juvenile or the resources of a juvenile were used for monetary or personal benefit, profit, or gain of the subject and, if so, whether the use was illegal or improper.(i) In determining if a person's conduct is the cause of any emotional harm or physical injury, there must be a finding of whether the resulting emotional harm or physical injury would not have occurred but for the person's conduct, either alone or concurrently with another cause.(j) Investigations may include findings of misconduct other than abuse, neglect, or exploitation if the misconduct is established by the evidence. However, the absence of such findings should not be regarded as exoneration of the subject or others as to violations of the code of ethics indicated by the evidence.</content><note type="source"><p>Source Note: The provisions of this §358.420 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.430"><num value="358.430">§358.430</num><heading>Abuse, Neglect, and Exploitation Investigative Report</heading><content>(a) Each investigation requires a written investigative report with the investigator's recommendations regarding whether the evidence is sufficient to establish that abuse, neglect, or exploitation occurred. The report must include a summary and analysis of the evidence relied upon in reaching the recommendations. Anything considered in the investigation, including, but not limited to, copies of relevant documents and photographs, must be attached to the investigative report.(b) Investigations may include recommendations that findings of a violation of the Code of Ethics other than abuse, neglect, or exploitation be made if the conduct is established by the evidence. However, the absence of such findings should not be regarded as exoneration of the subject or other individuals as to violations indicated by the evidence.(c) An attorney in TJJD's Office of General Counsel shall review the recommendations of each investigative report for legal sufficiency and, based on the evidence, shall make findings as to whether or not abuse, neglect, or exploitation occurred. The attorney may request additional information or investigation by TJJD OIG if necessary to make a finding. The findings must be made before the results of the investigative report are finalized.</content><note type="source"><p>Source Note: The provisions of this §358.430 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.440"><num value="358.440">§358.440</num><heading>Notification of Findings</heading><content>(a) The following persons are notified of the findings of an investigation:(1) the juvenile victim and the juvenile's parents or guardian;(2) the subject; and(3) the administrator.(b) If the investigation results in a finding that abuse, neglect, or exploitation occurred, the subject will be provided notice of the opportunity for an administrative review as provided in Chapter 349 of this title.</content><note type="source"><p>Source Note: The provisions of this §358.440 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.450"><num value="358.450">§358.450</num><heading>Other Actions by TJJD</heading><content>(a) TJJD may provide notification of an investigation to the local prosecutor if warranted.(b) TJJD may issue a non-compliance citation report (NCCR) for any violation of standards discovered as a result of an investigation.(c) TJJD may issue a notice of technical assistance (NTA) for any violation of standards discovered as a result of an investigation.</content><note type="source"><p>Source Note: The provisions of this §358.450 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c358/scC/s358.460"><num value="358.460">§358.460</num><heading>Maintenance of Records and Data</heading><content>(a) TJJD prepares and keeps on file a complete written report of each investigation conducted by the agency. The report is retained in accordance with the TJJD records retention schedule.(b) TJJD compiles, maintains, and makes available statistics on the incidence of abuse, neglect, and exploitation investigated by the agency.(c) TJJD maintains an electronic database containing information regarding all reports of alleged abuse, neglect, exploitation, death, and serious incidents.(d) Investigation files are confidential and releasable only as provided in Chapter 349 of this title.</content><note type="source"><p>Source Note: The provisions of this §358.460 adopted to be effective September 1, 2025, 50 TexReg 2620.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c359"><num value="359">CHAPTER 359</num><heading>MEMORANDUMS OF UNDERSTANDING</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c359/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p11/c359/sc/s359.100"><num value="359.100">§359.100</num><heading>Memorandum of Understanding Between the Texas Juvenile Justice Department and the Texas Commission on Law Enforcement</heading><content>The Texas Juvenile Justice Department (TJJD) adopts by reference the attached memorandum of understanding (MOU) between TJJD and the Texas Commission on Law Enforcement. The MOU contains the agreement required by Texas Occupations Code §1701.259 to establish the responsibilities of these agencies in developing a basic training program in the use of firearms by juvenile probation officers and in fulfilling related statutory mandates. Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §359.100 adopted to be effective January 1, 2010, 34 TexReg 8968; amended to be effective July 15, 2014, 39 TexReg 5435.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c359/sc/s359.151"><num value="359.151">§359.151</num><heading>Memorandum of Understanding Concerning Interagency Cooperation for Continuity of Youth Care</heading><content>(a) The Texas Juvenile Justice Department (TJJD) adopts by reference a memorandum of understanding (MOU) entered into by TJJD and the Texas Department of Family and Protective Services (DFPS). The MOU contains the agreement required by Texas Human Resources Code §244.0106 to provide coordinated and appropriate services to youth who are in the conservatorship of DFPS and who are committed to TJJD or released under supervision by TJJD.(b) The MOU is adopted by rule in 40 TAC §702.425.</content><note type="source"><p>Source Note: The provisions of this §359.151 adopted to be effective May 17, 2010, 35 TexReg 3847; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5435.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c380"><num value="380">CHAPTER 380</num><heading>RULES FOR STATE-OPERATED PROGRAMS AND FACILITIES</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scA"><num value="A">SUBCHAPTER A</num><heading>ADMISSION, PLACEMENT, RELEASE, AND DISCHARGE</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8501"><num value="380.8501">§380.8501</num><heading>Definitions</heading><content>As used in this chapter, the following words and terms shall have the following meanings unless the context clearly indicates otherwise. (1) Assessment Rating--A score derived from evidence-based criminogenic factors in a youth's history used to assess the danger a youth poses to the community.(2) Committing Offense--The most serious of the relevant offenses for which the youth was adjudicated and committed to TJJD, to include offenses for which the youth was committed directly to TJJD and offenses for which the youth was on probation if the probation was modified to commit the youth to TJJD. If a committing offense is a violation of a federal statute, the offense will be treated as a violation of a state statute which prohibits the same conduct as the relevant federal offense.(3) Community Reentry/Transition Plan--An individual case plan that includes conditions of parole or placement for youth who are moving to a less restrictive environment. The community reentry/transition plan summarizes the youth's progress, identifies risk factors and protective factors, provides referrals to community services and supports, and identifies objectives for the youth to complete at the next placement.(4) Conditional Placement--A trial living arrangement at a lower restriction level without changing the youth's currently assigned placement. Conditional placements may be to medium-restriction facilities or approved home placements. Continued placement at the lower restriction level is dependent on meeting pre-established conditions. (5) Determinate Sentence Review--A review conducted for youth with determinate sentences who have not met program completion criteria in which staff determines the appropriate action (e.g., request a transfer hearing under §54.11, Family Code, transfer to TDCJ parole).(6) Discharge--An action that ends the jurisdiction of the Texas Juvenile Justice Department (TJJD) over a youth.(7) Final Decision Authority--The TJJD executive director or a staff member designated by the executive director in writing (e.g., via operational manual, administrative directive).(8) High Restriction and Medium Restriction--See definitions in §380.8527 of this chapter.(9) Home Placement--A placement in the home of the parent, other relative or individual acting in the role of parent, managing conservator, or guardian or in an independent living arrangement (excluding contract independent living programs).(10) Home Substitute Placement--A program placement in the community that is not high restriction for youth who have earned parole status.(11) Initial Placement--A placement to which youth are assigned upon being committed to TJJD. This definition does not include a youth's placement at the orientation and assessment unit.(12) Minimum Length of Stay--The predetermined minimum period of time established by TJJD that a youth will be assigned to live in a high- or medium-restriction placement before being placed on parole status.(13) Minimum Period of Confinement--The predetermined minimum period of time established by law that a youth committed to TJJD on a determinate sentence must remain confined in a high-restriction placement.(14) Most Serious of the Relevant Offenses--The offense that carries the most severe consequences, which are, from most to least severe:(A) an offense which carries a determinate sentence;(B) the offense for which the designated minimum length of stay will produce the longest time in the physical custody of TJJD;(C) the offense which requires the highest facility restriction level;(D) the offense which carries the most severe criminal penalty; and(E) the most recently adjudicated offense.(15) Non-Sentenced Offender--A youth who is committed to TJJD for an indeterminate period of time, not to exceed age 19.(16) Offense Severity--A rating of high, moderate, or low based on the degree of the committing or revocation offense as defined by the Penal Code or relevant federal statute and any of the following applicable aggravating factors:(A) sex offense as identified in §62.001, Code of Criminal Procedure;(B) felony against a person;(C) possession or use of a weapon or firearm during the commission of the committing offense.(17) Parole Status--A status assigned to a youth when program completion criteria have been met or the Release Review Panel has ordered the youth's release under supervision. Parole status qualifies the youth for placement in the home or a home substitute and ensures that the youth may not be moved to a high-restriction placement without the highest level of due process afforded to TJJD youth.(18) Program Completion Criteria--Specific requirements established by rule that entitle a youth to parole when met.(19) Program Completion Review--A review in which staff determines whether a youth appears to meet program completion criteria.(20) Release under Supervision (or Release)--The act of placing a youth on parole status under TJJD supervision.(21) Revocation Offense--The offense on which a youth's minimum length of stay is based following a parole revocation hearing. It is the most serious of the relevant offenses found at the hearing.(22) Risk and Protective Factors--Risk factors are aspects of a youth's environment, behavior, and mental processes that contribute to potential for further delinquent activity. Protective factors are positive aspects of individual youth situations that keep a youth away from delinquent activity.(23) Risk Level--A level derived from the risk assessment tool used to assess the danger a youth poses to the community.(24) Sentenced Offender--A youth committed to TJJD pursuant to §54.04(d)(3) or §54.05(f), Family Code, with a fixed sentence assigned by the committing court. Depending on the length of the sentence, a youth may be transferred to the Texas Department of Criminal Justice (TDCJ) to complete the sentence.(25) Transfer--A movement of a sentenced offender to the TDCJ - Correctional Institutions Division or TDCJ - Parole Division.(26) Transition--The act of moving a youth from a high-restriction facility to a medium-restriction facility based on the youth's progress in the rehabilitation program. Transition does not result in the youth being placed on parole status.(27) Transition Review--A review in which staff determines whether a youth meets criteria for transition under §380.8545 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §380.8501 adopted to be effective September 1, 2009, 34 TexReg 5539; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective May 19, 2023, 48 TexReg 705; amended to be effective October 15, 2025, 50 TexReg 6497.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8502"><num value="380.8502">§380.8502</num><heading>Legal Requirements for Admission</heading><content>(a) The purpose of this rule is to establish documentation required and requested by the Texas Juvenile Justice Department (TJJD) from each juvenile court committing youth to TJJD.(b) The committing court must submit all documents referenced in Texas Human Resources Code §243.005.(c) TJJD requests the following additional documents from the committing court:(1) detention order(s) (initial and subsequent) for offense(s) that resulted in commitment to TJJD;(2) for sentenced offenders, the amount of time spent in detention in connection with the offense for which the youth was sentenced. It is preferable for the detention information to be included in the Order of Commitment; and(3) education records, including any special education records.(d) No youth, under any circumstance, will be admitted to TJJD without immunization records (except for undocumented foreign nationals) and a certified copy of the order of commitment. All other documents may be received after admission.(e) Before TJJD admits the youth, TJJD intake staff will review the commitment order to determine if, on its face, it meets all requirements for a proper commitment. TJJD will not look beyond the document itself for determining whether a commitment is proper.(f) Upon a youth's acceptance to TJJD, TJJD will issue a written receipt to the entity delivering the youth.</content><note type="source"><p>Source Note: The provisions of this §380.8502 adopted to be effective September 1, 2009, 34 TexReg 5539; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8503"><num value="380.8503">§380.8503</num><heading>Intake and Admission Process</heading><content>(a) Purpose. This rule establishes the process for receiving youth into the custody of the Texas Juvenile Justice Department (TJJD).(b) Intake and Admission Process.(1) The TJJD orientation and assessment unit performs all intake activities, including receipt of the youth from the committing county.(2) The orientation and assessment unit receives youth between 8:00 a.m. and 7:00 p.m., Monday through Friday.(3) Youth are not allowed to have personal possessions while at the orientation and assessment unit.(4) TJJD staff members perform the following admission procedures, at a minimum:(A) search each youth in accordance with §380.9709 of this title;(B) inventory any personal possessions and return them to the county transporter;(C) complete a body identification form;(D) require the youth to shower, screen the youth for pediculosis, and provide treatment if indicated;(E) complete an initial health screening;(F) issue clothing;(G) provide personal hygiene articles;(H) photograph and fingerprint each youth;(I) assign an official TJJD number;(J) initiate sex offender registration with the Texas Department of Public Safety (DPS), if required; and(K) take a blood sample from each youth for the DPS DNA database.(5) TJJD notifies each youth's parent/guardian in writing of:(A) the youth's admission;(B) TJJD's medical consent authority, as explained in §380.9181 of this title;(C) procedures for communicating with his/her child through mail, phone calls, and visits;(D) the parent/guardian's rights as provided in the TJJD parent's bill of rights; and(E) the following information:(i) contraband money, as defined in §380.9107 of this title, found in possession of a TJJD youth in a residential facility will be deposited in the student benefit fund;(ii) providing contraband to a TJJD youth, including alcohol, drugs, tobacco, or a cellular phone, is a criminal offense and could be subject to prosecution; and(iii) TJJD may use the chemical agent oleoresin capsicum, also known as OC spray, as necessary under §380.9723 of this title.(6) TJJD provides orientation to youth about the TJJD system, as required by §380.9115 of this title, and documents the orientation.(7) TJJD provides youth with counseling services and academic instruction during the youth's stay at the orientation and assessment unit.(8) Upon transportation of youth to their initial placements, TJJD notifies the parent/guardian, parole officer, and others as needed of the initial placement location.</content><note type="source"><p>Source Note: The provisions of this §380.85033 adopted to be effective December 31, 1996, 21 TexReg 11956; amended to be effective October 1, 1997, 22 TexReg 9480; amended to be effective June 21, 1999, 24 TexReg 4461; amended to be effective December 16, 1999, 24 TexReg 10361; amended to be effective September 25, 2000, 25 TexReg 9223; amended to be effective June 8, 2003, 28 TexReg 4310; amended to be effective December 14, 2003, 28 TexReg 11099; amended to be effective April 25, 2004, 29 TexReg 3797; amended to be effective November 8, 2005, 30 TexReg 7230; amended tobe effective September 1, 2009, 34 TexReg 5539; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8505"><num value="380.8505">§380.8505</num><heading>Initial Assessment</heading><content>(a) Purpose. This rule establishes the assessment process for each youth initially admitted to the Texas Juvenile Justice Department (TJJD).(b) General Provisions.(1) Assessments are used to identify:(A) immediate safety, medical, mental health, and housing needs;(B) specialized treatment needs;(C) case planning issues, including individual risk and protective factors; and(D) risk and restriction level for initial placement.(2) The assessment process is designed to be completed within 21 calendar days after the youth's arrival at the Orientation and Assessment Unit.(3) Treatment and case planning activities initiated at the Orientation and Assessment Unit focus on the youth's long-term needs and eventual re-entry into the community.(c) Assessments Completed prior to Dormitory Placement. Within 24 hours after admission and prior to assigning a youth to a dormitory in the Orientation and Assessment Unit, appropriate staff members conduct:(1) medical and mental health screenings, which include, at a minimum, a review of the youth's:(A) suicide risk;(B) medical history;(C) substance abuse history;(D) treatment history;(E) psychiatric history;(F) violent offense history; and(G) sex offense history; and(2) a screening for risk to display sexually aggressive or assaultive behavior or to be sexually victimized; and(3) a safe-housing assessment in accordance with §380.8524 of this title.(d) Assessments Completed within 21 Days after Admission. No later than 21 calendar days after a youth's admission to TJJD, appropriate staff members at the Orientation and Assessment Unit conduct additional assessments, including, but not limited to:(1) assessment of individual risk and protective factors;(2) religious preference assessment;(3) educational assessment;(4) workforce development needs and skills;(5) screening and assessment for substance use disorders;(6) assessment of need for specialized treatment;(7) assessment of behavior while at the Orientation and Assessment Unit;(8) comprehensive psychological evaluation, including review of prior treatment;(9) dental examination;(10) medical examination, including review of history and prior treatment; and(11) comprehensive psychiatric evaluation of the youth, including review of prior treatment, if:(A) the youth is identified during admission as having a current prescription for psychotropic medication or as having been prescribed psychotropic medication at any time within the 60 days prior to admission;(B) the youth's psychological evaluation shows the need for a psychiatric referral; or(C) the youth has been assigned a minimum length of stay of 12 months or longer or the youth has been committed under a determinate sentence, unless TJJD receives the results of a comprehensive psychiatric evaluation of the youth conducted not more than 90 days prior to admission.(e) Treatment and Case Planning.(1) A summary of assessment results and treatment needs is developed for each youth at the Orientation and Assessment Unit. This summary is used as a basis for placement decisions, in accordance with §380.8521 of this title, and for development of the individual case plan, in accordance with §380.8701 of this title.(2) For each youth assessed as having one or more specialized treatment needs, a specialized treatment plan is developed, reviewed, and re-evaluated in accordance with §380.8751 of this title.</content><note type="source"><p>Source Note: The provisions of this §380.8505 adopted to be effective December 31, 1996, 21 TexReg 11956; amended to be effective June 21, 1999, 24 TexReg 4461; amended to be effective December 16, 1999, 24 TexReg 10362; amended to be effective January 16, 2006, 30 TexReg 8447; amended to be effective September 1, 2009, 34 TexReg 5539; amended to be effective November 1, 2011, 36 TexReg 7169; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective December1, 2017, 42 TexReg 6632.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8521"><num value="380.8521">§380.8521</num><heading>Facility Assignment System</heading><content>(a) Purpose. The purpose of this rule is to establish an objective system of assigning youth to the most appropriate facility considering the Texas Juvenile Justice Department's (TJJD's) responsibilities to provide for public protection and promotion of rehabilitation. TJJD seeks to place youth in the least restrictive setting possible to address the youth's treatment needs while considering public safety.(b) General Provisions.(1) This rule applies to placement decisions made:(A) after initial commitment or recommitment to TJJD; and(B) following a parole revocation hearing.(2) Youth may be assigned to subsequent residential placements based on changing treatment needs, reduction in risk level, progress in rehabilitation programming, safety issues, or overpopulation concerns. For more information on transfers between facilities and transitions to less restrictive placements, see §380.8545 of this chapter.(3) Placements described in this rule are limited to high- or medium-restriction facilities. For more information on facility restriction levels, see §380.8527 of this chapter.(c) Placement System Factors. Placement decisions are based on factors including, but not limited to, those listed in paragraphs (1) - (4) of this subsection, with each factor given priority in the order listed.(1) Gender--Youth are generally assigned to male-only or female-only facilities. However, during orientation and assessment or to receive treatment for certain specialized treatment needs, youth may be assigned to co-educational facilities. Youth in co-educational facilities have equal access to agency programs and activities.(2) Treatment Needs--Of the facilities available for the youth's gender, youth are assigned to the facility that is best suited to meet the youth's individual treatment needs. Youth with the highest need for any of the following specialized treatment services will be placed in a facility that provides those services: mental health, intellectual disability, sexual behavior, capital or serious violent offender, or substance use services. Whenever possible, youth with co-occurring specialized treatment needs are assigned to placements providing each indicated type of treatment. See §380.8751 of this chapter for more information on the assessment of specialized treatment needs. Age, medical needs, and intellectual impairment are also considered in determining an appropriate facility assignment.(3) Risk Assessment--Of the facilities available for the youth's gender and treatment needs, youth are assigned to a high- or medium-restriction facility based on an assessment of risk factors, such as offense history, age at first offense, past facility escapes, and other criminogenic factors.(A) Placement upon Initial Commitment or Recommitment to TJJD.(i) Sentenced offenders are initially assigned to a high-restriction facility.(ii) Non-sentenced offenders with a committing offense of high severity are initially assigned to a high-restriction facility.(iii) Non-sentenced offenders with a committing offense of moderate severity who score in the high or medium category on the risk assessment are initially assigned to a high-restriction facility.(iv) Non-sentenced offenders with a committing offense of moderate severity who score in the lowest category on the risk assessment are initially assigned to a high- or medium-restriction facility, depending on the nature of the committing offense and other factors identified in this rule.(v) Non-sentenced offenders with a committing offense of low severity are initially assigned to a high- or medium-restriction facility, depending on the results of the risk assessment and other factors identified in this rule.(B) Placement after Level I Revocation Hearing.(i) Following revocation as a result of a Level I due process hearing held in accordance with §380.9551 of this chapter, non-sentenced offenders found to have engaged in felony-level conduct while on parole and all sentenced offenders are assigned to high-restriction facilities.(ii) Following revocation as a result of a Level I due process hearing held in accordance with §380.9551 of this chapter, non-sentenced offenders found to have violated conditions of parole that are not law violations or engaged in misdemeanor-level conduct are assigned to high- or medium-restriction facilities, depending on the results of the risk assessment and other factors identified in this rule.(4) Proximity to Home--Of the facilities available for the youth's gender, treatment needs, and risk assessment, youth are assigned to the facility closest to the residence of the youth's parent/guardian. In cases where the closest placement is at or above established population capacity or specialized treatment population capacity, the youth may be assigned to another appropriate placement.(d) Waivers. Except for non-sentenced offenders with a committing offense of high severity and sentenced offenders, the facility restriction level required under this rule may be waived by the executive director or designee. A designated restriction level may be waived in order to meet a youth's specific treatment needs or when it is determined that a youth has a disability or special medical condition that would prevent the youth from functioning in the designated restriction level.(e) Parent Notification. Parents or guardians of youth are notified of placement assignments in accordance with §380.8705 of this chapter.(f) Individual Exceptions. The executive director or designee may make exceptions to placement assignments under this rule on a case-by-case basis, taking into consideration a youth's specific treatment needs and public safety.</content><note type="source"><p>Source Note: The provisions of this §380.8521 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective July 1, 2011, 36 TexReg 3927; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8524"><num value="380.8524">§380.8524</num><heading>Assessment for Safe Housing Placement</heading><content>(a) Policy. The Texas Juvenile Justice Department (TJJD) uses an objective system to assess the threat of harm posed by a youth to others and a youth's potential vulnerabilities to make housing and supervision assignments.(b) Applicability. This rule applies to high and medium restriction TJJD-operated facilities.(c) Definitions. Safe Housing Assessment--an instrument designed to determine the appropriate housing assignment at a youth's assigned facility and the level of supervision for an individual youth. The assessment considers factors including, but not limited to, the following:(1) evidence-based criminogenic factors in a youth's history that indicate level of risk to others;(2) age and physical stature of youth;(3) potential vulnerability to sexual victimization or likelihood of sexually aggressive behavior;(4) gender non-conforming appearance or manner, or identification as lesbian, gay, bisexual, transgender, or intersex (LGBTI); and(5) special needs including medical needs, suicide risk, disabilities, mental health, or other placement concerns.(d) General Provisions.(1) Each facility establishes a written housing plan that describes the housing levels allowed, staffing requirements, security level, and programming schedule of each housing unit.(2) TJJD conducts a safe housing assessment for each youth upon arrival at the orientation and assessment unit, prior to facility transfer, and at the initial permanent placement. Safe housing assessments are conducted at specified intervals thereafter, and may be conducted at any time as indicated by youth needs, serious incidents, or facility security needs.(3) Youth are assigned to housing units based on the results of the safe housing assessment. Placement within the housing unit may also be determined by the results of the safe housing assessment.(4) Unless it is determined necessary to ensure youth safety, a youth 14 years of age or younger may not be assigned to the same dormitory as a youth 17 years of age or older.(5) Male and female youths may not occupy the same sleeping room.(6) LGBTI youth must not be placed in a particular housing unit, bed, or other program assignment based solely on the basis of such identification or status.(7) Unless otherwise approved on a case-by-case basis by the division director over residential services or his/her designee, youth who have a reportable adjudication for a sex offense, as defined in Chapter 62, Code of Criminal Procedure, are assigned to an open bay dorm with direct line-of-sight supervision or a single-occupant room.</content><note type="source"><p>Source Note: The provisions of this §380.8524 adopted to be effective August 1, 2009, 34 TexReg 4916 transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8525"><num value="380.8525">§380.8525</num><heading>Minimum Length of Stay/Minimum Period of Confinement</heading><content>(a) Purpose. This rule establishes a minimum period of time youth will spend in high or medium restriction facilities.(b) Applicability.(1) This policy applies only to:(A) youth committed to the Texas Juvenile Justice Department (TJJD) or Texas Youth Commission (a predecessor agency to TJJD) on or after February 1, 2009; and(B) youth whose parole is revoked on or after February 1, 2009, regardless of the commitment date.(2) Youth who were committed to the Texas Youth Commission and/or whose parole was revoked prior to February 1, 2009, remain subject to provisions of this rule in effect at the time of the commitment or revocation.(c) Minimum Length of Stay.(1) Minimum Length of Stay Assigned upon Commitment. The initial minimum length of stay applies only to non-sentenced offenders. The initial minimum length of stay is calculated based on the severity of the committing offense and an assessment of the danger the youth poses to the community.(A) Youth whose committing offense is of high severity are assigned the following minimum length of stay:(i) 24 months, for youth with a high assessment rating;(ii) 18 months, for youth with a medium assessment rating; or(iii) 15 months, for youth with a low assessment rating.(B) Youth whose committing offense is of moderate severity are assigned the following minimum length of stay:(i) 15 months, for youth with a high assessment rating;(ii) 12 months, for youth with a medium assessment rating; or(iii) 12 months, for youth with a low assessment rating.(C) Youth whose committing offense is of low severity are assigned the following minimum length of stay:(i) 12 months, for youth with a high assessment rating;(ii) 9 months, for youth with a medium assessment rating; or(iii) 9 months, for youth with a low assessment rating.(2) Minimum Length of Stay Assigned upon Parole Revocation.(A) Sentenced and non-sentenced offender youth whose parole is revoked are assigned the following minimum length of stay:(i) 9 months, for youth found to have engaged in felony level conduct;(ii) 6 months, for youth found to have broken a federal, state, or other law that is not a felony grade offense; or(iii) 3 months, for youth found to have violated a condition of parole that is not also a violation of law.(B) At the parole revocation hearing, the designated minimum length of stay may be reduced by the presiding staff attorney if extenuating circumstances to the offense are found.(d) Minimum Period of Confinement. The minimum period of confinement applies only to sentenced offenders. The minimum period of confinement is:(1) ten years for youth sentenced for capital murder;(2) three years for youth sentenced for an aggravated controlled substance felony or a felony of the first degree;(3) two years for a felony of the second degree; or(4) one year for a felony of the third degree.(e) Creditable Time for Non-Sentenced Offenders.(1) When a youth is admitted, the minimum length of stay is counted from the first day the youth reaches any TJJD-operated or assigned facility.(2) When a youth is recommitted, the minimum length of stay is counted from the first day the youth reaches any TJJD-operated or assigned facility and runs concurrently with any incomplete minimum length-of-stay requirements.(A) A youth who is recommitted for the same conduct following an appeal of the original commitment is given credit toward completion of the new minimum length of stay for any time spent in TJJD custody as a result of the original commitment.(B) A youth who is recommitted for the same conduct for which a Level I hearing has already been held is given credit toward completion of the new minimum length of stay for the time already served as a result of that hearing.(3) After the count begins, all time spent in program, on furlough as defined in §380.8707 of this title, on a conditional placement, or in detention or jail (except as a disposition in a criminal case) is counted toward meeting a minimum length of stay requirement.(4) Time spent as an escapee from a TJJD placement, in jail, or in a court-ordered placement in an adult correctional residential program as disposition in a criminal case is not counted toward meeting the minimum length-of-stay requirement.(f) Creditable Time for Sentenced Offenders.(1) For sentenced offenders committed prior to June 9, 2007, the minimum period of confinement is counted from the first day a youth reaches any TJJD residential facility.(2) For sentenced offenders committed on or after June 9, 2007, TJJD applies any credit granted in the commitment order toward completion of the minimum period of confinement. This type of credit is for time spent in a secure detention facility in connection with the committing case prior to admission to TJJD.(3) Regardless of the date of commitment:(A) once a youth reaches a TJJD facility and is credited with any applicable time in detention, only time spent in a TJJD residential facility is credited toward completion of the minimum period of confinement; and(B) credit is granted toward completion of the sentence for time spent in a secure detention facility in connection with the committing case prior to admission to TJJD.(g) Multiple Commitments.(1) Multiple Indeterminate Commitments. If a youth is committed to TJJD under more than one indeterminate commitment, a minimum length of stay is assigned for each commitment. The minimum lengths of stay will run concurrently.(2) Concurrent Indeterminate and Determinate Commitments. If a youth is committed to TJJD under determinate and indeterminate commitment orders, the minimum period of confinement and minimum length of stay will run concurrently.(A) The youth is managed as a sentenced offender until he/she is discharged from the determinate commitment.(B) If a youth completes the determinate sentence before he/she meets discharge criteria for the indeterminate commitment, the youth:(i) is discharged from the determinate commitment; and(ii) is:(I) required to serve any remaining minimum length of stay associated with the indeterminate commitment; or(II) referred to the Release Review Panel under §380.8557 of this title if the minimum length of stay associated with the indeterminate commitment has already been completed.(h) Reductions to Minimum Length of Stay.(1) The minimum length of stay requirement may be reduced by the TJJD executive director or his/her designee when it is determined that the minimum length of stay is not justified because of the nature of the offense and offense history or when it is determined that the youth has made sufficient progress in treatment programs.(2) Upon a recommendation by the facility administrator, the division director over residential services or his/her designee may reduce a youth's minimum length of stay up to three months due to positive progress in treatment programs so long as the youth serves at least nine months in a residential placement.</content><note type="source"><p>Source Note: The provisions of this §380.8525 adopted to be effective December 31, 1996, 21 TexReg 11957; amended to be effective October 1, 1997, 22 TexReg 9481; amended to be effective August 28, 1998, 23 TexReg 8463; amended to be effective June 21, 1999, 24 TexReg 4463; amended to be effective September 25, 2000, 25 TexReg 9223; amended to be effective July 13, 2003, 28 TexReg 5542; amended to be effective September 22, 2003, 28 TexReg 8145; amended to be effective December 14, 2003, 28 TexReg 11100; amended to be effective March 21, 2004, 29 TexReg2652; amended to be effective March 27, 2005, 30 TexReg 1793; amended to be effective November 8, 2005, 30 TexReg 7230; amended to be effective February 1, 2009, 34 TexReg 235; amended to be effective September 1, 2009, 34 TexReg 5539; amended to be effective November 1, 2011, 36 TexReg 7348; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8527"><num value="380.8527">§380.8527</num><heading>Program Restriction Levels</heading><content>(a) Purpose. The purpose of this rule is to categorize programs in which TJJD youth may be placed. The categories are based on a youth's access to the general community while in that program. The level of restriction assists TJJD staff in placing youth in the least restrictive, most appropriate placement available.(b) Definitions. As used in this rule, the following terms have the following meanings.(1) Self-contained--a 24-hour supervision program in which the treatment, training, and education program is conducted on the premises. A self-contained program does not allow routine, unsupervised access to the community, unless otherwise stated.(2) Routine, Unsupervised Access to the Community--a privilege offered by some programs whereby a youth may be absent from the program without staff supervision for 48 hours or more per month prior to the youth's last month in the program.(c) Restriction Levels.(1) High Restriction--a facility that does not allow routine, unsupervised access to the community and is typically secured by a perimeter fence. For example:(A) TJJD institutions;(B) self-contained, residential contract placements; and(C) state hospitals.(2) Medium Restriction--any residential program that may provide routine, unsupervised access to the community. For example:(A) TJJD halfway houses; and(B) residential contract programs that are not self-contained (e.g., certain substance abuse programs, residential treatment centers, group homes, or organizational foster care).(3) Minimum Restriction--any residential program that does not provide on-site supervision and allows routine access to the community (e.g., independent living preparation in a structured apartment setting).(4) Home--the home of the parent, other relative, or individual acting in the role of parent, managing conservator, or guardian, or an independent living arrangement.</content><note type="source"><p>Source Note: The provisions of this §380.8527 adopted to be effective December 31, 1996, 21 TexReg 11957; amended to be effective June 21, 1999, 24 TexReg 4463; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8531"><num value="380.8531">§380.8531</num><heading>Temporary Admission Awaiting Transportation</heading><content>(a) Purpose. The purpose of this rule is to provide for temporary admissions into Texas Juvenile Justice Department (TJJD) facilities for youth who are awaiting transportation.(b) General Provisions.(1) A youth may be admitted to a TJJD-operated high restriction facility and held in the security unit for up to 48 hours when the youth's destination cannot be reached in a single day, including transportation:(A) following a Level I or II hearing that results in transportation to another facility; or(B) between facilities not resulting from disciplinary actions.(2) Only the division director over residential services or his/her designee may approve a temporary admission awaiting transportation.</content><note type="source"><p>Source Note: The provisions of this §380.8531 adopted to be effective March 27, 2005, 30 TexReg 1793; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8533"><num value="380.8533">§380.8533</num><heading>Temporary Admission Awaiting Permanent Placement</heading><content>(a) Purpose. The purpose of this rule is to provide for temporary placement for a youth assigned to a home or home substitute whose placement is no longer valid or available but a new placement has not yet been secured.(b) General Provisions.(1) A youth assigned to a home or home substitute may be temporarily admitted to any Texas Juvenile Justice Department-operated residential facility while waiting for assignment to a permanent placement if no disciplinary hearing is involved and if no alternative temporary placement can be found.(2) A youth may remain at the facility as a temporary admission for up to 14 calendar days. Extensions may be granted for up to 30 additional days by the division director over residential services or his/her designee.(3) During a temporary admission, youth are assigned a case manager and participate in regular activities within the general population at the facility.</content><note type="source"><p>Source Note: The provisions of this §380.8533 adopted to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8535"><num value="380.8535">§380.8535</num><heading>Undocumented Foreign Nationals</heading><content>(a) Purpose. The purpose of this rule is to establish guidelines for the Texas Juvenile Justice Department (TJJD) to work with United States Immigration and Customs Enforcement (ICE) concerning youth who are undocumented foreign nationals.(b) Definitions. Undocumented Foreign National--A foreign-born youth who does not have legal authorization to reside in the United States.(c) General Provisions.(1) TJJD will not detain an undocumented foreign national in a secure facility for the sole purpose of deportation. An ICE detainer is not an automatic bar to earned release.(2) TJJD will work with ICE to determine the residency status of a youth who does not have documentation identifying his/her residency.(3) TJJD will notify ICE of the release date of a youth 10 days prior to release from a high restriction/secure facility if ICE has issued a detainer for the youth.(4) If ICE fails to pick up a youth on or before the release date, TJJD will proceed with placement options for the youth. TJJD may hold a youth after the scheduled release date for pick up by ICE, but such a hold may not exceed 48 hours after the scheduled release date.(5) TJJD monitors the cases of youth detained by ICE until the youth are discharged from TJJD.</content><note type="source"><p>Source Note: The provisions of this §380.8535 adopted to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8539"><num value="380.8539">§380.8539</num><heading>Home Placement</heading><content>(a) Purpose. The Texas Juvenile Justice Department (TJJD) recognizes that positive contact with parents, family members, guardians, and other significant persons can greatly enhance a youth's successful re-entry into the community. TJJD considers the totality of the home environment when making decisions regarding an appropriate home placement for youth. The purpose of this rule is to establish criteria and procedures to identify a suitable parole placement for youth who have completed residential program requirements.(b) Applicability.(1) This policy applies to youth who will be placed on parole prior to age 19.(2) This policy does not apply to sentenced offenders whose minimum period of confinement will expire within two months prior to the youth's 19th birthday or after the 19th birthday, because the youth, if released to parole, will be under the supervision of the Texas Department of Criminal Justice-Parole Division.(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Close Family Friend--a person at least 21 years of age who has a longstanding, significant relationship with the youth. Examples may include a godparent or someone considered to be an aunt or uncle even though not related to the youth.(2) Guardian--has the meaning assigned in Chapter XIII, Section 601 of the Probate Code.(3) Parent--an individual who has established a parent-child relationship under §160.201 of the Family Code. Parent does not include an individual whose parental rights have been terminated.(4) Relative--any person at least 21 years of age, other than a parent, who is:(A) currently related to the youth in any of the following ways by blood or adoption: grandparent, sibling, great-grandparent, uncle, aunt, nephew, niece, first cousin, first cousin once-removed (the child of one's first cousin), second cousin (the child of the first cousin of one's parent), great uncle, or great aunt;(B) the spouse of the youth or a person listed in subparagraph (A) of this paragraph; or(C) the youth's step-father, step-mother, or adult step-sibling.(d) General Provisions.(1) TJJD attempts to place paroled youth in the home of the youth's custodial parent(s) or legal guardian whenever possible. All parole placements are made consistent with the best interests, safety, rehabilitative needs, and special needs of the youth.(2) TJJD may place a youth at the following placements:(A) home of the custodial parent(s) or legal guardian;(B) home of the non-custodial parent;(C) home of a relative;(D) home of a close family friend;(E) program placement such as a halfway house, subsidized independent living, or foster home; or(F) if the youth meets required parole supervision levels, an unsupervised home location such as an apartment, dormitory, or homeless shelter.(3) TJJD considers input from the youth, the youth's parents/guardian, and relatives when determining the parole placement that is in the youth's best interest.(4) For youth under supervision of both the Department of Family and Protective Services (DFPS) and TJJD, TJJD collaborates with DFPS to determine the appropriate home placement.(5) TJJD will conduct home placement assessments for youth referred for parole supervision through the Texas Interstate Compact for Juveniles Office according to the rules of the Interstate Commission for Juveniles.(6) TJJD may conduct background and criminal history checks of individuals over the age of 14 as a prerequisite to placing a youth in the home of a close family friend. Confidential criminal history record information will not be released or disclosed except on court order or with the consent of the individual who is the subject of the criminal history record information. Criminal records obtained pursuant to this rule will be destroyed after completion of the home placement decision.(7) For youth under age 18 whose parents cannot be located or refuse to allow the youth to return home and TJJD is unable to locate a placement with a relative, TJJD will refer the matter to DFPS.(8) Based on a consideration of the youth's best interests and public safety, the executive director or his/her designee may make exceptions to provisions of this rule on a case-by-case basis.(e) Placement Assessment.(1) The assigned parole officer must evaluate the parole placement options of each youth upon commitment to TJJD. If it is determined that the home of the custodial parent/legal guardian is not available for a parole placement, alternative placement options will be identified in consultation with the youth's case manager, the youth, and when possible, the youth's parent/guardian.(2) The assigned parole officer must assess the home of each youth in his/her jurisdiction, provide a parent/parole orientation, and determine whether the home is approved or disapproved for placement. The home placement assessment will be completed in the home where the youth will be placed.(3) The home placement assessment status may be changed but only as a result of a follow-up home placement assessment by the assigned parole officer.(4) A completed home placement assessment is considered current for 12 months. Home placement re-assessments are conducted annually.(5) Any time new evidence or special circumstances warrant, a follow-up home placement assessment must be conducted.(f) Disapproval Criteria for Home Placements.(1) A home may be disapproved if one or more of the following criteria exists and can be documented:(A) physical abuse;(B) sexual abuse;(C) physical absence of parent caretaker due to criminal incarceration or physical/psychiatric hospitalization;(D) serious physical/survival neglect;(E) legal termination of parental rights for youth under 18 years of age;(F) the youth is a sex offender, the victim or a potential victim resides in the home, and requirements for family reintegration have not been met;(G) the legal head of household cannot or will not supervise the youth and/or the youth is not welcome in the home; or(H) the home being assessed is that of a close family friend and there is documented evidence that an individual in the home has a criminal or other background that would present or has presented a negative and/or unsafe influence or impact on the youth.(2) If a home is disapproved, parole staff must provide supports and services to the family that will assist with addressing safety or other issues identified as disapproval criteria. A disapproved home may later be approved as a placement if the assigned parole staff determines specific actions have been taken to address the identified issues.(3) If a home is not approved, parole staff must provide the parent(s) or legal head of household with written notice of the disapproval, the reasons for the disapproval, any action that may be taken to correct a deficiency, and information concerning the right to file a grievance concerning the decision.(g) Non-Relative Placements.(1) Youth under 18 years of age may only be placed with a close family friend or in an unsupervised home location if approved by the executive director or his/her designee, and for placements with a close family friend, only if appropriate criminal history checks have been conducted.(2) If a parent/guardian objects to a non-relative placement, the objection will be considered in the final decision.</content><note type="source"><p>Source Note: The provisions of this §380.8539 adopted to be effective April 1, 2014, 39 TexReg 2127.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8545"><num value="380.8545">§380.8545</num><heading>Movement Before Program Completion</heading><content>(a) Purpose. The purpose of this rule is to establish criteria and procedures for moving youth who have not met program completion requirements to placements of equal or lesser restriction.(b) General Provisions. Prior to a transition, a youth may request and in doing so will be granted a Level II hearing.(c) Transition Movements before Initial or Revocation Minimum Length of Stay.(1) Eligibility. The following youth are not eligible for transition movement before completion of the initial or revocation minimum length of stay:(A) sentenced offenders; and(B) sex offenders with court orders deferring their sex offender registration requirements who have not successfully completed an assigned sexual behavior treatment program.(2) Transition Movement Criteria. Youth in a high-restriction facility may be eligible for transition to a medium-restriction facility before completion of the initial or revocation minimum length of stay when the following criteria have been met:(A) no major rule violations proven at a Level II due process hearing:(i) within 60 days before the transition review or during the approval process, for youth with committing offenses of low or moderate severity; or(ii) within 120 days before the transition review or during the approval process, for youth with committing offenses of high severity; and(B) completion of the following:(i) for youth who have not completed the initial minimum length of stay:(I) six months of the initial minimum length of stay in high-restriction facilities if the youth has a committing offense of low severity; or(II) nine months of the initial minimum length of stay in high-restriction facilities if the youth has a committing offense of moderate severity; or(III) all but six months of the initial minimum length of stay in high-restriction facilities if the youth has a committing offense of high severity; or(ii) for youth placed in a high-restriction facility following revocation of parole, at least two-thirds of the revocation minimum length of stay; and(C) participation in or completion of assigned specialized treatment programs or curriculum as required under §380.8751 of this chapter; and(D) completion of the following rehabilitation program requirements:(i) for TJJD-operated facilities, assignment to the second-highest stage in the assigned rehabilitation program as described in §380.8703 of this chapter; or(ii) for facilities operated under contract with TJJD, completion of requirements for transition to a community residential placement as defined in the TJJD-approved rehabilitation program; and(E) completion of a criminal street gang intervention program, if required by court order.(3) Decision Authority for Approval of Transition. The final decision authority ensures, before approving the transition, that the youth meets all transition criteria and the community reentry/transition plan adequately addresses risk factors.(d) Transition Movements after Completion of Initial or Revocation Minimum Length of Stay.(1) Eligibility. The following youth are not eligible for transition movement after completion of the initial or revocation minimum length of stay:(A) sentenced offenders; and(B) sex offenders with court orders deferring their sex offender registration requirements who have not successfully completed an assigned sexual behavior treatment program.(2) Transition Movement Criteria. Youth in a high-restriction facility may be eligible for transition to a medium-restriction facility after completion of the initial or revocation minimum length of stay when the following criteria have been met:(A) no major rule violations proven at a Level II due process hearing within 30 days before the transition review or during the approval process;(B) participation in or completion of assigned specialized treatment programs or curriculum as required under §380.8751 of this chapter; and(C) completion of a criminal street gang intervention program, if required by court order.(3) Decision Authority for Approval of Transition. The final decision authority ensures, before approving the transition, that the youth meets all transition criteria and the community reentry/transition plan adequately addresses risk factors.(e) Population Control Movements.(1) When overpopulation occurs in a high-restriction facility and other remedial actions are not successful in managing facility populations, non-sentenced offender youth who do not otherwise qualify may be released or transitioned. In such cases, the executive director establishes the criteria, taking into account factors including, but not limited to, the following:(A) progress in the rehabilitation program;(B) amount of the minimum length of stay completed;(C) severity of the committing offense;(D) completion of required specialized treatment programs;(E) participation in or completion of any statutorily required rehabilitation programming; and(F) current risk assessment.(2) Youth will be transitioned to a suitable TJJD-operated medium-restriction placement or contract-care facility or will be released to a suitable home or home substitute.(f) Administrative Transfers. Administrative transfers may be made for non-disciplinary, programmatic purposes among facilities of equal restriction without a due process hearing. An administrative transfer may not be made in lieu of a disciplinary transfer. A due process hearing is required for a disciplinary transfer.(g) Reassignment of Youth Initially Eligible for Placement in a Medium-Restriction Facility. A youth may be reassigned to a medium-restriction facility if the youth was initially eligible for such placement under §380.8521 of this chapter but was placed in a high-restriction facility in order to address one or more placement system factors that could not be appropriately addressed in a medium-restriction facility. These youth are not required to meet transition criteria set forth in subsections (c) or (d) of this section.(h) Conditional Placements.(1) Eligibility. The following youth are not eligible for conditional placement:(A) sentenced offenders; and(B) sex offenders with court orders deferring their sex offender registration requirements who have not successfully completed an assigned sexual behavior treatment program.(2) Criteria for Conditional Placement.(A) Before the Initial Minimum Length of Stay. To be considered for a conditional placement before completing the initial minimum length of stay, a youth must meet all program completion criteria set forth in §380.8555 of this chapter, with the exception of the requirement to complete the minimum length of stay.(B) After the Initial Minimum Length of Stay. A youth may be considered for a conditional placement after completing the initial minimum length of stay when the following criteria have been met:(i) staff have determined that, due to the youth's treatment needs, the conditional placement would be in the youth's best interests;(ii) the youth has participated in or completed assigned specialized treatment as required under §380.8751 of this chapter; and(iii) the youth has completed a criminal street gang intervention program, if required by court order.(3) Conclusion of Conditional Placement. A conditional placement ends when:(A) the youth is assigned to a medium-restriction facility or home placement because the youth:(i) earns parole status under §380.8555 of this chapter or is placed on parole status under §380.8557 of this chapter;(ii) is transitioned to a medium-restriction facility under subsection (c) or (d) of this section; or(iii) is reassigned to a medium-restriction facility under subsection (g) of this section;(B) the youth is discharged under §380.8557 or §380.8595 of this chapter; or(C) the youth is returned to the sending facility through a Level II due process hearing held in accordance with §380.9555 of this chapter for reasons including, but not limited to:(i) commission of a rule violation listed in §380.9503 or §380.9504 of this chapter;(ii) violation of the conditional placement agreement; or(iii) the conditional placement is no longer viable.(i) Hardship Cases. In hardship cases, the executive director or designee may approve placing a non-sentenced offender youth on parole status without meeting program completion criteria.(j) Youth with Mental Illness or Intellectual Disability. Pursuant to §380.8779 of this chapter, certain youth may be discharged following application for appropriate services to address their mental illness or intellectual disability.(k) Active Warrants. At least ten calendar days before the youth's transition or release, TJJD notifies any entity that has issued an active warrant for the youth.(l) Individual Exceptions. The executive director or designee may make exceptions to provisions of this rule on a case-by-case basis, based on a consideration of the youth's best interests and public safety.</content><note type="source"><p>Source Note: The provisions of this §380.8545 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective September 1, 2010, 35 TexReg 7871; amended to be effective July 1, 2011, 36 TexReg 3928; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 1, 2022, 47 TexReg 2294.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8555"><num value="380.8555">§380.8555</num><heading>Program Completion for Non-Sentenced Offenders</heading><content>(a) Purpose. The purpose of this rule is to establish criteria and the approval process for release of youth upon program completion.(b) Applicability.(1) This rule does not apply to sentenced offenders.(2) This rule does not apply to decisions by the Release Review Panel. See §380.8557 of this chapter for more information on the Release Review Panel.(c) General Provisions. A detainer or bench warrant is not an automatic bar to earned release. The Texas Juvenile Justice Department (TJJD) releases youth to authorities pursuant to a warrant.(d) Program Completion Criteria. Youth in high- or medium-restriction facilities are eligible for release to TJJD parole when the following criteria have been met:(1) no major rule violations proven at a Level II due process hearing within 30 days before the program completion review or during the approval process; and(2) completion of the minimum length of stay; and(3) participation in or completion of assigned specialized treatment programs or curriculum as required under §380.8751 of this chapter; and (4) completion of the following rehabilitation program requirements:(A) for TJJD-operated facilities, assignment to the highest stage in the assigned rehabilitation program as described in §380.8703 of this chapter; or(B) for facilities operated under contract with TJJD, completion of requirements for release to parole as defined in the TJJD-approved rehabilitation program; and(5) participation in or completion of any statutorily required rehabilitation programming, including but not limited to:(A) participation in a reading improvement program for identified youth to the extent required under §380.9155 of this chapter;(B) participation in a positive behavior support system to the extent required under §380.9155 of this chapter; and(C) completion of at least 12 hours of a gang intervention education program, if required by court order.(e) Review and Approval Process.(1) Program Completion Review.(A) Before the expiration of a youth's initial or revocation minimum length of stay and before the expiration of an extension length of stay, a program completion review is conducted to determine whether the youth appears to meet program completion criteria.(B) If it is determined the youth does not meet program completion criteria, the youth's case is referred to the Release Review Panel. Staff will discuss with the youth the reasons for the decision to refer the youth's case to the panel.(C) If it is determined the youth appears to meet program completion criteria, the youth's case is referred to the final decision authority.(2) Final Decision Authority for Approval of Release.(A) The final decision authority shall confirm whether the youth meets all release criteria and ensure the community reentry/transition plan adequately addresses risk factors prior to approving the release.(B) If the final decision authority approves the release, the youth must be placed on parole or parole status no later than 15 calendar days after the minimum length of stay date.(C) If the final decision authority does not approve the release, the youth's case is referred to the Release Review Panel.(3) Program Completion Prior to Expiration of the Extension Length of Stay.(A) This paragraph applies to a youth who is not subject to review under paragraph (1) of this subsection.(B) A youth with an extension length of stay is not required to complete the extension in order to meet program completion criteria. As soon as a youth with an extension length of stay appears to meet the program completion criteria in subsection (d) of this section, a program completion review is conducted.(C) If it is determined the youth appears to meet program completion criteria, the youth's case is referred to the final decision authority.(D) If the final decision authority approves the release, the youth must be placed on parole or parole status no later than 15 calendar days after the extension length of stay date.(E) If the final decision authority does not approve the release, the youth remains in the facility and is reviewed again under this paragraph or paragraph (1) of this subsection, as appropriate. (f) Loss of Release Eligibility.(1) Except as provided by paragraph (2) of this subsection, if a youth loses release eligibility after the program completion review and before release to parole, the youth's case is referred to the Release Review Panel.(2) If a youth approved for release under subsection (e)(3) of this section loses release eligibility, the youth's case is referred to the Release Review Panel only if the youth has completed the extension length of stay or will do so within 30 days.(g) Active Warrants. At least ten calendar days before the youth's release, TJJD notifies any entity that has issued an active warrant for the youth.</content><note type="source"><p>Source Note: The provisions of this §380.8555 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective September 1, 2010, 35 TexReg 7871; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective October 15, 2025, 50 TexReg 6497.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8557"><num value="380.8557">§380.8557</num><heading>Release Review Panel</heading><content>(a) Purpose. This rule establishes a Release Review Panel to determine whether a youth who has completed the minimum length of stay should be discharged from the custody of the Texas Juvenile Justice Department (TJJD), released under supervision, or given an extended length of stay. This rule also establishes a process to request reconsideration of an order issued by the Release Review Panel.(b) Applicability. This rule applies to all youth committed to TJJD without a determinate sentence who have completed the minimum length of stay or extension length of stay and have not been approved for release under §380.8555 of this chapter. (c) Definitions. Except as specified in this subsection, see §380.8501 of this chapter for definitions of terms used in this rule. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.(1) Clear and Convincing Evidence--A standard of proof meaning that the thing that must be proven is highly probable or reasonably certain to exist; more than a preponderance of the evidence but less than beyond a reasonable doubt.(2) Extension Length of Stay--A period of time in addition to the minimum length of stay that a youth is assigned to remain in residential placement unless the youth meets release criteria before the time has expired.(3) Major Rule Violation--A violation in the most serious category of rule violations for residential facilities, as listed in §380.9503 of this chapter.(4) Residential Placement--A high- or medium-restriction facility, as defined in §380.8527 of this chapter.(5) Victim--Any victim who has requested notification of release or discharge proceedings.(d) General Provisions.(1) Purpose of the Panel. The purpose of the panel is to review youth committed to TJJD without a determinate sentence who have completed the minimum length of stay or extension length of stay but have not been approved for release under TJJD policy.(2) Panel Members. Panel members are appointed by the executive director in accordance with state law and policies adopted by the executive director.(3) Executive Director Policies.(A) The executive director shall adopt policies that ensure the transparency, consistency, and objectivity of the panel's composition, procedures, and decisions.(B) The policies must allow the panel to review any information relevant to the youth's progress and rehabilitation, irrespective of the form of the information.(C) The policies must ensure the youth, parents/guardians, victims, attorneys for youth, and other relevant individuals are given the opportunity to provide information for the panel's consideration. (4) Extension Length of Stay.(A) An extension length of stay may be assigned only if the panel determines by majority vote that there is clear and convincing evidence that:(i) the youth is in need of additional rehabilitation from TJJD; and(ii) a residential placement will provide the most suitable environment for that rehabilitation.(B) If the panel extends the length of a youth's stay, the panel shall specify the length of the extension length of stay.(C) If the panel does not extend the length of a youth's stay, the youth must be released under supervision or discharged from TJJD.(e) Request for Reconsideration of an Extension Order.(1) The purpose of a request for reconsideration is to request that a decision by the panel be reconsidered and changed.(2) A request for reconsideration of an extension order may be submitted by:(A) the youth;(B) the youth's parent/guardian; (C) an attorney or designated advocate for the youth; (D) the youth's victim(s);(E) a TJJD employee;(F) an employee of a TJJD contractor;(G) a person who provides volunteer services at a TJJD facility;(H) the TJJD ombudsman; or(I) any other person designated by the executive director. (3) The request for reconsideration must be in writing and must be received by the panel no later than 15 calendar days after the date of the written notice explaining the reason for the extension. Requests for reconsideration received after that time may be considered at the discretion of the panel if good cause is shown for the delay.(4) The youth may request assistance from any TJJD staff member or volunteer in completing a request for reconsideration.(5) The person submitting the request for reconsideration must state in the request the reason for the request. The request should relate to the reasons given for the extension or be based on relevant information concerning the youth's programming and treatment progress.(6) Upon receipt of a request for reconsideration that is timely filed or that is accepted late by the panel as provided in paragraph (3) of this subsection, the panel:(A) shall reconsider an extension order that extends the youth's stay in TJJD custody by six months or more or that, when combined with previous extension orders, results in an extension of the youth's stay in TJJD custody by six months or more; and(B) may, at its discretion, reconsider extension orders that extend a youth's stay in TJJD custody by a length of time not addressed in subparagraph (A) of this paragraph.(7) The panel must complete the reconsideration no later than 15 days after receipt of the request. The panel shall provide the youth, the youth's parent/guardian, the attorney or designated advocate of the youth, and the person who submitted the request for reconsideration with a written explanation of the panel's decision. The explanation shall include an indication that the panel has considered the information submitted in the request. If the reconsideration results in a decision to release or discharge the youth, any victims shall be notified.(8) A reconsideration decision by the panel exhausts all administrative remedies regarding release after expiration of the minimum length of stay.(f) Request for Reconsideration of a Release or Discharge Order.(1) For youth in a high-restriction facility, a release or discharge order is considered conditional until the youth has been physically released from the facility.(2) For youth in a medium-restriction facility, including a halfway house:(A) a release order is considered conditional until the youth's status has been changed from institutional to parole status; and(B) a discharge order is considered conditional until the youth has been physically released from the facility.(3) The executive director, the chief inspector general, the general counsel, the deputy executive director for state services, the chief of staff, the facility administrator, appropriate contract-care monitoring staff, staff designated by the executive director, or the TJJD ombudsman may request a reconsideration of a release or discharge order as long as the release or discharge order is still conditional, as provided by paragraphs (1) and (2) of this subsection.(4) If, while the release or discharge order is still conditional, the youth is alleged to have committed a major rule violation or new information becomes available that indicates the youth is likely in need of further rehabilitation at a TJJD facility, staff designated by the executive director must request reconsideration of the release or discharge order.(5) The youth shall be provided a copy of the request for reconsideration before the panel makes its decision regarding the reconsideration. The youth shall be given the opportunity to provide information to the panel concerning the reason(s) for the request. If the youth is represented by an attorney or other representative, that person shall also be provided with a copy of the request for reconsideration and given an opportunity to provide information to the panel.(6) The panel must complete the reconsideration no later than 15 days after the receipt of the request. The panel shall provide the youth, the youth's parent/guardian, the requestor, and facility staff with a written explanation of the panel's decision. The reply shall include an indication that the panel has considered the information submitted in the request. If the reconsideration results in a change in the original panel decision, any victims shall be notified.(7) If reconsideration of a release or discharge order results in a decision to extend the youth's length of stay, a person listed in subsection (g) of this section may request reconsideration according to the process established in that subsection. That reconsideration decision exhausts all administrative remedies.</content><note type="source"><p>Source Note: The provisions of this §380.8557 adopted to be effective May 1, 2009, 34 TexReg 2537; amended to be effective September 15, 2011, 36 TexReg 5692; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective October 15, 2025, 50 TexReg 6497.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8559"><num value="380.8559">§380.8559</num><heading>Program Completion for Youth with Determinate Sentences</heading><content>(a) Purpose. This rule establishes criteria and the approval process for youth with determinate sentences to qualify for release or transfer to parole by completing required programming.(b) Applicability.(1) This rule applies only to youth with a determinate sentence who have not been adjudicated for capital murder. See §380.8569 for youth adjudicated for capital murder.(2) This rule does not apply to sentenced offenders who are discharged due to expiration of the sentence or transferred to the Texas Department of Criminal Justice (TDCJ) by court order or by aging out of the Texas Juvenile Justice Department (TJJD). See §380.8565 of this chapter.(c) General Requirements.(1) A detainer or bench warrant is not an automatic bar to earned release. TJJD releases youth to authorities pursuant to a warrant.(2) TJJD reviews each youth's progress:(A) six months after admission to TJJD;(B) when the minimum period of confinement is complete;(C) when the youth becomes 16 years of age;(D) when the youth becomes 18 years of age and again at 18 years and six months of age to determine eligibility or make a recommendation for transfer to TDCJ-Correctional Institutions Division (TDCJ-CID) or TDCJ-Parole Division (TDCJ-PD);(E) within 45 days after revocation of parole, if applicable;(F) when a youth who is past the minimum period of confinement appears to meet program completion criteria; and(G) at other times as appropriate, such as after a major rule violation is proven at a Level II hearing.(3) The youth must serve the entire minimum period of confinement applicable to the committing offense in a high-restriction facility unless:(A) the youth is transferred to TDCJ-CID by the committing court. See §380.8565 of this chapter;(B) the youth is approved by the committing court to attain parole status before completing the minimum period of confinement;(C) the youth's sentence expires before the minimum period of confinement expires; or(D) the executive director waives the requirement that the youth be assigned to a high-restriction facility. This subparagraph does not allow a youth to be placed on parole status.(d) Program Completion Criteria.(1) The youth may be considered for release or transfer to parole when the following criteria have been met:(A) no major rule violations proven at a Level II due process hearing within 90 days prior to the program completion review or during the approval process;(B) participation in or completion of assigned specialized treatment programs or curriculum as required under §380.8751 of this chapter;(C) assignment to the highest stage in the rehabilitation program as described in §380.8703 of this chapter;(D) participation in or completion of any statutorily required rehabilitation programming, including but not limited to:(i) participation in a reading improvement program for identified youth to the extent required under §380.9155 of this chapter;(ii) participation in a positive behavior support system to the extent required under §380.9155 of this chapter; and(iii) completion of at least 12 hours of a gang intervention education program, if required by court order; and(E) completion of:(i) all but nine months of the sentence if the sentence expires before or simultaneously with the minimum period of confinement; or(ii) the entire minimum period of confinement if the sentence expires after the minimum period of confinement.(2) Youth are released to TJJD parole unless the youth meets program completion criteria within two months before the 19th birthday, in which case the youth will be transferred to TDCJ-PD.(e) Approval Process for Release or Transfer.(1) TJJD notifies the youth and the youth's parent/guardian of a pending program completion review. The notification informs the recipients that they have the opportunity to present information in person or to submit written comments to TJJD. The notification also specifies the date by which the comments or the request to present in-person information must be received.(2) The final decision authority confirms whether the youth meets all program completion criteria and ensures that the community reentry/transition plan adequately addresses risk before approving the release or transfer.(f) Loss of Release or Transfer Eligibility.(1) Eligibility for release or transfer is lost when either of the following occurs after the program completion review:(A) the youth commits a major rule violation that is proven at a Level II due process hearing; or(B) the youth is no longer assigned to the highest stage in the agency's rehabilitation program.(2) Except as described in paragraph (3) of this subsection, a youth who loses release or transfer eligibility will not be eligible for release or transfer until it is confirmed that the youth again meets program completion criteria.(3) If a youth is being considered for release or transfer nine months before completion of the sentence and the youth loses eligibility for release or transfer, the youth must remain in high restriction until the sentence has expired.(g) Release or Transfer Date. If the youth is approved for release or transfer to parole, the youth is:(1) released to TJJD parole within 60 calendar days unless the youth loses release eligibility. If the youth loses release eligibility, the release process is reinitiated when the youth again meets program completion criteria; or(2) transferred to TDCJ-PD on or before the youth's 19th birthday.(h) Active Warrants. At least ten calendar days before the youth's transfer or release, TJJD notifies any entity that has issued an active warrant for the youth.</content><note type="source"><p>Source Note: The provisions of this §380.8559 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective September 1, 2010, 35 TexReg 7871; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective December 1, 2016, 41 TexReg 8626; amended to be effective May 1, 2022, 47 TexReg 2294.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8565"><num value="380.8565">§380.8565</num><heading>Discharge of Youth with Determinate Sentences upon Transfer to TDCJ or Expiration of Sentence</heading><content>(a) Purpose. This rule establishes criteria and an approval process for:(1) requesting court approval to transfer sentenced offenders to adult prison; and(2) discharging sentenced offenders:(A) whose sentences have expired; or(B) who did not previously qualify for release or transfer by completing required programming.(b) Applicability.(1) This rule applies only to the disposition of a youth's determinate sentence(s).(2) This rule applies only to sentenced offenders.(3) This rule does not apply to:(A) sentenced offenders who qualify for release or transfer to parole by completing required programming. See §380.8559 of this chapter; or(B) sentenced offenders adjudicated for capital murder. See §380.8569 of this chapter.(c) General Requirements.(1) By law, a sentenced offender is transferred from the custody of the Texas Juvenile Justice Department (TJJD) no later than the youth's 19th birthday.(2) The youth must serve the entire minimum period of confinement that applies to the committing offense in a high-restriction facility unless:(A) the youth is transferred by the committing court to the Texas Department of Criminal Justice-Correctional Institutions Division (TDCJ-CID);(B) the youth is approved by the committing court to attain parole status before completing the minimum period of confinement; (C) the youth's sentence expires before the minimum period of confinement expires; or(D) the executive director waives the requirement that the youth be assigned to a high-restriction facility. This subparagraph does not allow a youth to be placed on parole status.(3) TJJD reviews each youth's progress:(A) six months after admission to TJJD;(B) when the minimum period of confinement is complete;(C) when the youth becomes 16 years of age;(D) when the youth becomes 18 years of age and again at 18 years and six months of age to determine eligibility or make a recommendation for transfer to TDCJ-CID or to the Texas Department of Criminal Justice-Parole Division (TDCJ-PD);(E) within 45 days after revocation of parole, if applicable; and(F) at other times as appropriate, such as after a major rule violation is proven at a Level II hearing.(4) TJJD jurisdiction is terminated and a youth is discharged when:(A) the youth is transferred to TDCJ; or(B) the youth's sentence has expired, except when the youth is committed to TJJD under concurrent determinate and indeterminate commitment orders as described in §380.8525 of this chapter.(d) Transfer Criteria.(1) Transfer to TDCJ-CID for Youth Whose Conduct Occurs While on Parole Status. TJJD may request a juvenile court hearing to recommend transfer of a youth to TDCJ-CID if all of the following criteria are met:(A) the youth's parole has been revoked or the youth has been adjudicated or convicted of a felony offense occurring while on parole status;(B) the youth is at least age 16;(C) the youth has not completed the sentence; and(D) the youth's conduct indicates that the welfare of the community requires the transfer.(2) Transfer to TDCJ-CID for Youth Whose Conduct Occurs While in a High-Restriction Facility. TJJD may request a juvenile court hearing to recommend transfer of a youth in a high-restriction facility to TDCJ-CID if the following criteria are met:(A) the youth is at least age 16; and(B) except as provided by subparagraph (D)(i) of this paragraph, the youth has spent at least six months in high-restriction facilities, which is counted as follows:(i) if the youth received a determinate sentence for conduct that occurred in the community, the six months begins upon admission to TJJD; or(ii) if the youth received a determinate sentence for conduct that occurred in a TJJD or contract facility, the six months begins upon the youth's initial admission to TJJD, regardless of whether the initial admission resulted from a determinate or indeterminate commitment; and(C) the youth has not completed the sentence; and(D) the youth meets at least one of the following behavior criteria:(i) the youth has engaged in conduct meeting the elements of a felony or Class A misdemeanor while assigned to a residential facility; however, if the conduct meets the elements of the offense of assault of a public servant as defined in §22.01, Penal Code, the six-month requirement in subparagraph (B) of this paragraph does not apply; or(ii) the youth has committed major rule violations as proven at a Level II due process hearing on three or more occasions; or(iii) the youth has engaged in conduct that has resulted in at least five security program admissions or extensions in one month or ten in three months (see §380.9740 of this chapter for information on the security program); or(iv) the youth has demonstrated an unwillingness to progress in the rehabilitation program due to persistent non-compliance with objectives; and(E) alternative interventions have been tried without success; and(F) the youth's conduct indicates that the welfare of the community requires the transfer.(3) Transfer to TDCJ-PD for Youth in Residential Facilities. A youth in a residential facility who has not met program completion criteria in §380.8559 of this chapter and who has not received court approval for transfer to TDCJ-CID must be transferred to TDCJ-PD no later than the youth's 19th birthday.(4) Transfer to TDCJ-PD for Youth on TJJD Parole. A youth on TJJD parole must be transferred to TDCJ-PD no later than the youth's 19th birthday.(e) Transfer Recommendation for Youth Who Will Not Complete the Minimum Period of Confinement before Age 19. TJJD requests a court hearing for any youth who cannot complete the minimum period of confinement by the 19th birthday. The purpose of the hearing is to determine whether the youth will be transferred to TDCJ-CID or to TDCJ-PD. Notwithstanding the criteria in subsection (d)(2) of this section, TJJD considers the following factors in forming a recommendation for the committing court:(1) length of stay in TJJD;(2) youth's progress in the rehabilitation program;(3) youth's behavior while in TJJD;(4) youth's offense/delinquent history; and(5) any other relevant factors, such as:(A) risk factors and protective factors the youth possesses as identified in the youth's psychological evaluation;(B) the welfare of the community; and(C) participation in or completion of statutorily required rehabilitation programming, including but not limited to:(i) participation in a reading improvement program for identified youth to the extent required under §380.9155 of this chapter;(ii) participation in a positive behavior support system to the extent required under §380.9155 of this chapter; and(iii) completion of at least 12 hours of a gang intervention education program, if required by court order.(f) Discharge Criteria. TJJD discharges youth from its jurisdiction when one of the following occurs:(1) expiration of the sentence imposed by the juvenile court, unless the youth is under concurrent commitment orders as described in §380.8525 of this chapter; or(2) the youth has been transferred to TDCJ-CID under court order or transferred to TDCJ-PD.(g) Approval Process for Transfer to TDCJ-CID or TDCJ-PD.(1) Before staff submit a recommendation for transfer to TDCJ-CID or TDCJ-PD, a determinate sentence review shall be held.(2) TJJD notifies the youth and the youth's parent/guardian of a pending determinate sentence review. The notification informs the recipients that they have the opportunity to present information in person or to submit written comments to TJJD. The notification also specifies the date by which the comments or the request to present in-person information must be received.(3) Approval from the final decision authority is required before requesting a hearing with the committing juvenile court or initiating a transfer to TDCJ-PD.(4) A hearing with the committing juvenile court shall be requested when a youth cannot complete the minimum period of confinement before age 19.(5) The final decision authority ensures the youth's community reentry/transition plan adequately addresses risk factors before approving the transfer from a high-restriction facility to TDCJ-PD.(6) A youth may not be transferred to TDCJ-CID unless the committing juvenile court orders the transfer.(h) Active Warrants. At least ten calendar days before the youth's transfer or release, TJJD notifies any entity that has issued an active warrant for the youth.</content><note type="source"><p>Source Note: The provisions of this §380.8565 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective September 1, 2010, 35 TexReg 7871; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective December 1, 2016, 41 TexReg 8626; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective October 1, 2025, 50 TexReg 6331.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8569"><num value="380.8569">§380.8569</num><heading>Transfer of Youth with Determinate Sentences Adjudicated for Capital Murder</heading><content>(a) Purpose. This rule establishes criteria and the approval process for transferring sentenced offenders adjudicated for capital murder to the Texas Department of Criminal Justice-Parole Division (TDCJ-PD) or the Texas Department of Criminal Justice-Correctional Institutions Division (TDCJ-CID).(b) Applicability. This rule applies only to sentenced offenders adjudicated for capital murder.(c) General Provisions.(1) A detainer or bench warrant is not an automatic bar to earned release. The Texas Juvenile Justice Department (TJJD) releases youth to authorities pursuant to a warrant.(2) TJJD reviews each youth's progress:(A) six months after admission to TJJD;(B) when the youth becomes 16 years of age;(C) when the youth becomes 18 years of age and again at 18 years and six months of age to determine eligibility or make a recommendation for transfer to TDCJ-CID or TDCJ-PD; and(D) at other times as appropriate, such as after a major rule violation has been proven at a Level II hearing.(3) Youth whose committing offense is capital murder must serve the entire minimum period of confinement applicable to the youth's committing offense in high-restriction facilities unless:(A) the youth is transferred by the committing court to TDCJ-CID;(B) the youth is approved by the committing court to attain parole status before completion of the minimum period of confinement; or(C) the youth's sentence expires before the minimum period of confinement expires.(4) A youth who has not received court approval to transfer to TDCJ-CID must be transferred to TDCJ-PD no later than age 19.(5) TJJD jurisdiction is terminated and a youth is discharged when:(A) the youth is transferred to TDCJ; or(B) the youth's sentence has expired, except when the youth is committed to TJJD under concurrent determinate and indeterminate commitment orders as described in §380.8525 of this chapter.(d) Recommendation for Committing Court upon Termination of TJJD's Jurisdiction. TJJD makes a recommendation to the committing court for transfer to TDCJ-PD or TDCJ-CID before a youth turns 19. TJJD considers the following factors in forming its recommendation:(1) length of stay in TJJD;(2) youth's progress in the rehabilitation program;(3) youth's behavior while in TJJD;(4) youth's offense/delinquent history; and(5) any other relevant factors, such as:(A) risk factors and protective factors the youth possesses, as identified in the psychological evaluation;(B) the welfare of the community; and(C) participation in or completion of statutorily required rehabilitation programming, including but not limited to:(i) participation in a reading improvement program for identified youth to the extent required under §380.9155 of this chapter;(ii) participation in a positive behavior support system to the extent required under §380.9155 of this chapter; and(iii) completion of at least 12 hours of a gang intervention education program, if required by court order.(e) Transfer to TDCJ-CID before Termination of TJJD's Jurisdiction. TJJD may request a juvenile court hearing to recommend transfer of a youth in a high-restriction facility to TDCJ-CID if the following criteria are met:(1) the youth is at least age 16; and(2) except as provided by paragraph (4)(A) of this subsection, the youth has spent at least six months in high-restriction facilities, which is counted as follows:(A) if the youth received a determinate sentence for conduct that occurred in the community, the six months begins upon admission to TJJD; or(B) if the youth received a determinate sentence for conduct that occurred in a TJJD or contract facility, the six months begins upon the youth's initial admission to TJJD, regardless of whether the initial admission resulted from a determinate or indeterminate commitment; and(3) the youth has not completed the sentence; and(4) the youth meets at least one of the following behavior criteria:(A) the youth has engaged in conduct meeting the elements of a felony or Class A misdemeanor while assigned to a residential facility; however, if the conduct meets the elements of the offense of assault of a public servant as defined in §22.01, Penal Code, the six-month requirement in paragraph (2) of this subsection does not apply; or(B) the youth has committed major rule violations as proven at a Level II hearing on three or more occasions; or(C) the youth has engaged in conduct that has resulted in at least five security program admissions or extensions in one month or ten in three months (see §380.9740 of this chapter for information on the security program); or(D) the youth has demonstrated an unwillingness to progress in the rehabilitation program due to persistent non-compliance with objectives; and(5) alternative interventions have been tried without success; and(6) the youth's conduct indicates that the welfare of the community requires the transfer.(f) Approval Process for Transfer to TDCJ-CID or TDCJ-PD.(1) Before staff submit a recommendation for transfer to TDCJ-CID or TDCJ-PD, a determinate sentence review shall be held.(2) TJJD notifies the youth and the youth's parent/guardian of a pending determinate sentence review. The notification informs the recipients that they have the opportunity to present information in person or to submit written comments to TJJD. The notification also specifies the date by which the comments or the request to present in-person information must be received.(3) Approval from the final decision authority is required before requesting a hearing with the committing juvenile court.(4) The final decision authority ensures the youth's community reentry/transition plan adequately addresses risk factors before approving the transfer from a high-restriction facility to TDCJ-PD.(5) A youth may not be transferred to TDCJ-CID unless the committing juvenile court orders the transfer.(g) Active Warrants. At least ten calendar days before the youth's transfer, TJJD notifies any entity that has issued an active warrant for the youth.</content><note type="source"><p>Source Note: The provisions of this §380.8569 adopted to be effective April 1, 2014, 39 TexReg 2127; amended to be effective December 1, 2016, 41 TexReg 8626; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective October 1, 2025, 50 TexReg 6331.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8581"><num value="380.8581">§380.8581</num><heading>Supervision Levels in Parole Home Placement</heading><content>(a) Purpose. This rule provides for varying intensity levels of supervision for youth on parole status in a home placement or home substitute placement.(b) Definitions. For definitions of certain terms used in this rule, see §380.8501 of this title.(c) General Provisions.(1) Levels of supervision intensity are based on each youth's needs and the degree of risk presented to the public. The three levels of parole supervision are minimum, moderate, and intensive.(2) Upon release, all youth are initially placed on intensive supervision unless waived by the executive director or designee on a case-by-case basis.(3) The level of supervision is reassessed at least once every 90 days or sooner, as deemed appropriate by the parole officer. This reassessment may result in an increase, a decrease, or no change in the level of supervision.</content><note type="source"><p>Source Note: The provisions of this §380.8581 adopted to be effective December 1, 2014, 39 TexReg 9257; amended to be effective April 1, 2018, 43 TexReg 1884.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8583"><num value="380.8583">§380.8583</num><heading>Financial Support for Reentry</heading><content>(a) Purpose. This rule promotes successful community reentry by providing limited, targeted financial support to eligible youth.(b) Definitions. For definitions of certain terms used in this rule, see §380.8501 of this title.(c) Eligibility Criteria.(1) To qualify for financial reentry support, the youth must:(A) be assigned to parole status or be placed in a medium-restriction facility; and(B) have an identified financial need that:(i) cannot be met using the youth's student trust fund or other resources available to the youth; and(ii) is directly related to the youth's community reintegration plan.(2) To qualify for a housing rent subsidy, a youth must meet the following criteria in addition to the criteria in paragraph (1) of this subsection:(A) be assigned to parole status;(B) complete an independent living preparation curriculum approved by TJJD;(C) complete the number of hours of community service specified by TJJD;(D) complete the number of months of employment or school attendance specified by TJJD;(E) sign a subsidized living support agreement;(F) be at least 18 years of age; and(G) have enough personal savings to pay all necessary deposits and the first month's rent.(3) A housing rent subsidy may be provided only if TJJD has determined it is in the youth's best interest to be placed in an unsupervised home location.(d) Requests and Approvals. To receive financial reentry support, a youth must:(1) complete and submit the appropriate request form, which must show how the financial need is directly related to the youth's community reintegration plan; and(2) receive approval from the division director over parole services or designee.(e) Limitations.(1) The provision of financial reentry support is contingent on the availability of funds.(2) TJJD may terminate a youth's financial reentry support due to a youth's failure to abide by:(A) his/her conditions of parole or conditions of placement; or(B) the terms of the subsidized living support agreement, if applicable.(3) A housing rent subsidy may not be provided for longer than six months.(4) Financial reentry support may not be expended after a youth is discharged from TJJD's jurisdiction.(5) Financial reentry support may be provided for expenses including, but not limited to:(A) rent;(B) electric service;(C) household goods;(D) food;(E) public transportation passes;(F) employment-related clothing;(G) college expenses, such as tuition, books, and room and board;(H) technical school or training expenses, such as tuition and tools; and(I) structured leisure time activities.(f) Program Requirements for Youth Receiving a Housing Rent Subsidy.(1) A youth's parole officer has access to the youth's living quarters in accordance with the terms of the subsidized living support agreement.(2) The youth's personal property will be disposed of in accordance with the terms of the subsidized living support agreement if the youth's parole is revoked or if the property is lost, damaged, or abandoned.(g) Individual Exceptions. The executive director or designee may make exceptions to provisions of this rule on a case-by-case basis, taking into consideration a youth's reintegration needs and public safety.</content><note type="source"><p>Source Note: The provisions of this §380.8583 adopted to be effective October 15, 2014, 39 TexReg 8076; amended to be effective April 1, 2018, 43 TexReg 1884.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8595"><num value="380.8595">§380.8595</num><heading>Parole Completion and Discharge</heading><content>(a) Purpose. This rule establishes criteria for discharging certain youth from the jurisdiction of the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies only to non-sentenced offenders. Refer to §380.8565 of this title for information relating to discharging sentenced offenders.(c) Discharge Criteria.(1) Discharge Due to Successful Completion of Parole.(A) Youth may qualify for discharge upon completion of the following criteria:(i) successful completion of the following amount of time on the minimum level of parole supervision (or equivalent, if on parole in another state):(I) 90 calendar days for a youth with a committing or revocation offense of high severity; or(II) 30 calendar days for all other youth; and(ii) compliance with the youth's conditions of parole or conditions of placement;(iii) no unresolved criminal charges or delinquency petitions or referrals;(iv) completion of 60 hours of approved community service while on parole status or while assigned to a medium-restriction facility; and(v) completion of 40 hours of approved constructive activities each week for the four consecutive weeks immediately prior to the discharge date. Constructive activity includes, but is not limited to, time spent working, attending school, attending treatment or counseling, completing community service, actively searching for employment, and/or providing direct supervision to a child.(B) The executive director or designee may approve the discharge of a youth who has not yet completed the requirements in subparagraph (A) of this paragraph when consideration of the youth's committing offense, behavior, history, and progress toward completion of parole or placement conditions justifies an earlier discharge.(2) Direct Discharge from Residential Facility by Release Review Panel. Pursuant to §380.8557 of this title, the Release Review Panel may discharge a youth directly from a residential facility if it determines:(A) the youth is no longer in need of rehabilitation; or(B) TJJD is no longer the most suitable location to provide the needed rehabilitation.(3) Discharge Due to Age.(A) Any youth who has not previously been discharged due to successful completion of parole or by the Release Review Panel is discharged on:(i) the day before the 19th birthday, if the youth is assigned to a residential facility; or(ii) the last working day prior to the 19th birthday, if the youth is assigned to a non-residential placement.(B) A youth on parole status who is discharged due to age is considered to have successfully completed parole if the youth:(i) is not in jail or on abscond status;(ii) has no unresolved criminal charges or delinquency petitions or referrals; and(iii) has substantially complied with all parole requirements.(4) Discharge Due to Special Circumstances.(A) Youth may be discharged prior to completion of parole requirements to enlist in the military. Only the executive director may approve such a discharge.(B) In addition to other discharge criteria listed in this rule, a youth placed out of state may be discharged when the youth is adjudicated by a juvenile court or convicted by a criminal court in the placement state.(C) Youth who have completed length-of-stay requirements and who are unable to progress in the agency's rehabilitation program because of mental illness or intellectual disability must be discharged as specified in §380.8779 of this title.(D) Youth who are age 18 or older may be discharged prior to completion of parole requirements in order to obtain appropriate services. Only the executive director or designee may approve such a discharge.(E) Upon approval from the executive director or designee, youth may be discharged for special circumstances other than those addressed in subparagraphs (A) - (D) of this paragraph.(5) Other Types of Discharges. TJJD discharges a youth when:(A) the youth is sentenced for a minimum of 180 days in a state or county jail as part of the disposition of a criminal case;(B) the youth is placed on actively supervised adult probation for conduct that occurred while on TJJD parole status;(C) the youth is placed on actively supervised adult probation for conduct that occurred while the youth was in a TJJD or contract residential facility and not on parole status and the youth spent at least 180 days in county jail awaiting the disposition;(D) the court orders a reversal of the commitment;(E) records are closed following the youth's death; or(F) the youth is sentenced to the Texas Department of Criminal Justice - Correctional Institutions Division.(d) Notification.(1) TJJD immediately notifies the youth of the discharge and provides the youth and the parent/guardian a written explanation of procedures for sealing records.(2) TJJD notifies the following at least ten calendar days before the youth's discharge or as soon as practicable:(A) the committing juvenile court;(B) the prosecuting attorney;(C) the youth's parole officer, if the youth is not on parole status at a home location at the time of discharge;(D) the chief juvenile probation officer for the county in which the youth will be living after discharge if that county is different than the one that committed the youth; and(E) any entity that has issued an active warrant for the youth.</content><note type="source"><p>Source Note: The provisions of this §380.8595 adopted to be effective September 1, 2009, 34 TexReg 5539; amended to be effective November 1, 2011, 36 TexReg 7348; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2127; amended to be effective August 15, 2017, 42 TexReg 3883; amended to be effective May 1, 2018, 43 TexReg 2601.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scA/s380.8597"><num value="380.8597">§380.8597</num><heading>Certain Actions by the Executive Director</heading><content>(a) Purpose. This rule establishes that the Texas Juvenile Justice Department (TJJD) tracks the frequency with which the executive director takes certain actions and reports the resulting data to the TJJD Governing Board and the Sunset Advisory Committee.(b) General Provisions.(1) The department shall track the frequency with which the executive director takes the following actions:(A) selecting youth for a conditional placement;(B) selecting youth for a home placement;(C) waiving the requirement for a youth with a determinate sentence to spend the youth's entire minimum period of confinement in a high-restriction facility;(D) waiving the requirement for a youth to be on intensive supervision when initially released on parole; and(E) authorizing the early discharge of a youth on parole.(2) The department shall compile frequency data outlined in paragraph (b)(1) on a quarterly basis. The department shall provide the frequency data from the previous quarter to the TJJD Governing Board and Sunset Advisory Commission at the beginning of each quarter.</content><note type="source"><p>Source Note: The provisions of this §380.8597 adopted to be effective July 15, 2024, 49 TexReg 5150.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scB"><num value="B">SUBCHAPTER B</num><heading>TREATMENT</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8701"><num value="380.8701">§380.8701</num><heading>Case Planning</heading><content>(a) Purpose. The purpose of this rule is to ensure the case management of each youth is individualized and flexible and is based on the youth's risk and protective factors, abilities, and need for services. (b) Applicability. This rule applies to youth committed to the Texas Juvenile Justice Department.(c) Definitions.(1) Except as noted below, definitions for terms used in this rule are in §380.8501 of this chapter.(2) Integrated Treatment Plan--a collaborative case plan addressing a youth's individualized risk factors, treatment and rehabilitative needs, and plan for community reentry. (d) General Provisions. (1) An individualized case plan is developed for each youth.(2) The case plan is developed in accordance with an assessment of the youth's risk and protective factors, abilities, and progress in the rehabilitation program and includes objectives with specific strategies to address development of skillful behaviors. (3) The case plan specifies measurable objectives, expected outcomes, and a means to evaluate progress.(4) Objectives in the case plan are reviewed and progress is documented monthly. (5) At least once every 90 days, the youth's case plan is updated following an integrated and comprehensive assessment of the youth's progress in the rehabilitation program. This assessment includes:(A) re-assessment of the youth's risk and protective factors;(B) development of objectives and treatment recommendations that reflect the youth's specialized needs and individual abilities; and(C) when appropriate, development of a plan for transitioning the youth to the community.(6) An assessment and treatment summary, which forms the basis of the case plan, is developed during the youth's time in an orientation and assessment program. (7) The case plan is developed with the youth and the youth's parent/guardian when possible.(8) An integrated treatment plan may serve as the case plan. For agency departments using an integrated treatment plan, references in this chapter to the case plan or individual case plan mean the integrated treatment plan.</content><note type="source"><p>Source Note: The provisions of this §380.8701 adopted to be effective September 1, 2009, 34 TexReg 5543; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7196; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective September 1, 2025, 50 TexReg 2622.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8702"><num value="380.8702">§380.8702</num><heading>Rehabilitation Program Overview</heading><content>(a) Purpose. The purpose of this rule is to identify the philosophy and approach of the Texas Juvenile Justice Department (TJJD) to the rehabilitation of youth in TJJD's care in order to reduce future delinquent behavior and increase public safety.(b) Applicabiltiy. This rule applies to youth committed to TJJD.(c) Definitions. See §380.8501 of this chapter for definitions of terms used in this rule.(d) General Provisions.(1) TJJD provides a trauma-informed rehabilitative program that is focused on delivering needed treatment, assessing behavioral progress, assessing increases in protective factors and decreases in risk factors, and assessing the ability of youth to use skills learned in treatment and programming.(2) All treatment and programming is delivered in the least restrictive setting appropriate to the youth, consistent with the rules of this chapter.(3) To the extent possible, TJJD's rehabilitative program offers programs that ensure youth receive appropriate rehabilitation services, including those recommended by the committing court.(4) All aspects of the TJJD rehabilitation program are individualized and performance-based, with clearly defined expectations as set forth in §380.8703 of this chapter.(5) Each youth's individual progress is reviewed monthly. The review addresses identified risk and protective factors and individual abilities.(6) As youth progress in the rehabilitation program, there are increased expectations for demonstrating developed skills and social responsibility, a decreased need for staff intervention, and an increase in earned privileges.(7) TJJD facilities maintain a structured daily schedule for all youth. Each day, youth work on components of the rehabilitation program.(8) TJJD facilities provide for and youth are required to participate in a structured, individually appropriate educational program or equivalent, with appropriate supports.(9) TJJD facilities provide and eligible youth may participate in work experiences.(10) TJJD facilities must provide and youth are given the opportunity to participate in regular large-muscle exercise and recreation programs.(11) Staff members receive appropriate training and certification related to their role in the rehabilitation program and the types of services they provide.(12) TJJD may pilot new programs or program components for youth whose needs cannot be met by existing program components.</content><note type="source"><p>Source Note: The provisions of this §380.8702 adopted to be effective September 1, 2009, 34 TexReg 5543; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7196; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8703"><num value="380.8703">§380.8703</num><heading>Rehabilitation Program Stage Requirements and Assessment</heading><content>(a) Purpose. Youth earn the ability to move to less restrictive placements by progressing through a stage system that measures progress in the rehabilitation program. The purpose of this rule is to provide a general outline of the areas in which a youth must demonstrate progress and to describe the process for assessing progress.(b) Applicability. This rule applies to all residential facilities operated by the Texas Juvenile Justice Department (TJJD). This rule does not apply to youth in contract-care programs that are not required to provide the TJJD rehabilitation program. This rule does not apply to youth on parole status.(c) Definitions. See §380.8501 of this chapter for definitions of terms used in this rule.(d) General Themes in the Rehabilitation Program.(1) TJJD's rehabilitation program is composed of a set of stages with objectives related to each youth's rehabilitative needs. Expectations generally increase as youth progress through the stages.(2) Progress is measured through an assessment of the youth's demonstration of skills in areas such as:(A) appropriate participation in education/vocational and treatment/intervention activities;(B) understanding and use of therapeutic tools;(C) ability to develop, discuss, and work toward individual goals;(D) application of regulation tools to maintain safe behavior; and(E) reducing risk factors and increasing protective factors.(3) The objectives for each youth shall be in writing and provided to the youth.(4) Each youth is provided an equal opportunity, as the youth's behavior warrants, to participate in the scheduled activities needed to progress.(e) Stage Assessment.(1) A stage assessment shall be conducted when the youth completes the required objectives for the stage or within 90 days from the previous stage assessment, whichever occurs first.(2) Each stage assessment includes a comprehensive assessment of the youth's progress in the rehabilitation program.(3) The parent/guardian must be given an opportunity to provide input to be considered at each stage assessment.(4) As a result of a stage assessment, the youth is assigned to the most appropriate stage. Youth may be assigned to a stage that is more than one level higher than the current stage, if appropriate.(5) Each youth's specific needs and responsivity must be considered when assessing a youth's stage. If a youth fails to progress through the stages, staff must conduct a review for responsivity needs and, if appropriate, implement individualized interventions.(6) Youth may not be assigned to a lower stage, except:(A) when it is determined that behavior proven at a Level II due process hearing held in accordance with §380.9555 of this chapter indicates the youth no longer meets the requirements of the current stage assignment;(B) when it has been determined that the youth has been unresponsive to intervention attempts for an extended period of time and the youth's current stage does not reflect the youth's current progress; or(C) in accordance with subsection (g) of this section.(7) If a youth loses release eligibility under §380.8555 or §380.8559 of this chapter, the youth is no longer designated as having completed the rehabilitative program under this rule and is assigned to stage 4.(8) The youth and the youth's parent/guardian are notified of the results of the stage assessment.(f) Requirements for Stage Promotion.(1) Stage 1--this stage focuses on building a foundation of safety and regulation. During this stage, the youth will gain basic knowledge of the TJJD stage objectives and requirements for program completion. The youth attends the foundational skills development groups and participates in individual sessions with the case manager to develop an assessment of risk and protective factors. To determine whether youth have completed this stage, youth are assessed on factors including:(A) reviewing the youth's own unique vulnerabilities and risk and protective factors with the case manager;(B) discussing the youth's progress toward goals with staff;(C) working on case plan objectives with the case manager; and(D) participating safely in the following other areas of programming:(i) treatment and intervention activities;(ii) academic and workforce development programs; and(iii) application of learned skills in daily behavior.(2) Stage 2--this stage focuses on healthy connection and the ability to make repairs after relational harm. Youth on this stage are moving beyond the pre-contemplation stage of change to accept that changes are needed to improve their ability to be interpersonally successful in the future. To determine whether youth have completed this stage, youth are assessed on factors including:(A) exploring personal risk and protective factors, including those related to TJJD commitment;(B) identifying a long-term success plan and sharing plans for community reintegration with the youth's family, community supports, or adult mentor;(C) exploring patterns in thoughts, feelings, attitudes, beliefs, and vulnerabilities; and(D) safely participating in other areas of programming as described in paragraph (1)(D) of this subsection.(3) Stage 3--this stage focuses on taking responsibility and making prosocial decisions. Youth on this stage are preparing to move into the action stage of change through continued acknowledgment of the need to change and planning for their future. To determine whether youth have completed this stage, youth are assessed on factors including:(A) demonstrating a reduction in risk factors and an increase in protective factors;(B) taking responsibility for behaviors leading to commitment;(C) completing case plan objectives; and(D) safely participating in other areas of programming as described in paragraph (1)(D) of this subsection.(4) Stage 4--this stage focuses on demonstrating and practicing learned skills for youth. The purpose of this stage is demonstrating independence through application of treatment concepts and skills learned in earlier stages. This stage is considered the second-highest stage for purposes of eligibility for transition under §380.8545 of this chapter. To determine whether youth have completed this stage, youth are assessed on factors including:(A) demonstrating continued reduction in risk factors and increase in protective factors;(B) identifying new thoughts, feelings, attitudes, beliefs, and values that might increase success in the community;(C) completing case plan objectives, including the ability to articulate plans for successful community reentry; and(D) safely participating in other areas of programming as described in paragraph (1)(D) of this subsection.(5) Rehabilitative stages completion status--this designation indicates that a youth has completed stage 4 and is considered the highest stage for purposes of program completion under §380.8555 and §380.8559 of this chapter. Youth are in the maintenance stage of change and will be given the opportunity to demonstrate and apply learned skills. Youth are expected to safely participate in other areas of programming as described in paragraph (1)(D) of this subsection.(g) Stage Assignment upon Return to a High- or Medium-Restriction Facility or upon Additional Commitment. A youth is placed on the most appropriate stage, as specified by written procedure manual, when the youth:(1) is returned to a high-restriction facility for disciplinary reasons through a Level II due process hearing;(2) is returned to a high- or medium-restriction facility for disciplinary reasons through a Level I due process hearing; or(3) receives an additional commitment to TJJD for a new offense.</content><note type="source"><p>Source Note: The provisions of this §380.8703 adopted to be effective September 1, 2009, 34 TexReg 5543; amended to be effective July 1, 2011, 36 TexReg 3597; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7196; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective May 1, 2022, 47 TexReg 2294; amended to be effective May 19, 2023, 48 TexReg 705; amended to be effective December 1, 2024, 49 TexReg 9568.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8705"><num value="380.8705">§380.8705</num><heading>Family Involvement</heading><content>(a) Purpose. The purpose of this rule is to establish the amount and type of involvement the Texas Juvenile Justice Department (TJJD) encourages and seeks with the families of TJJD youth.(b) Parent Notifications.(1) Parents or guardians of youth younger than 18 shall be provided the following information without regard to the youth's consent:(A) written notification of the youth's placement;(B) the name of the youth's case manager;(C) instructions for contacting the youth's case manager;(D) rights and rules about visitation, mail, and telephone;(E) rules about personal property;(F) rules about sending money to the youth; and(G) copies of the Individual Case Plan (ICP).(2) Youth 18 and older must give written consent for information to be disclosed to a parent or guardian, with the following exceptions:(A) Pursuant to federal law 20 USCA 1232g, educational information may be shared with a parent or guardian whose child is a dependent student as defined in section 152 of the Internal Revenue Code of 1986.(B) Pursuant to federal law 20 USCA(m)(1)(A), if a youth is in a residential placement other than a high restriction facility, any notices required under Individuals with Disabilities Education Act (IDEA), Part B, including Admission, Review, and Dismissal (ARD) committee meetings and scheduled evaluations will be provided to the parent or guardian.(3) Written information sent to parents or guardians who are non-English speaking is translated into Spanish or accompanied by a letter stating that TJJD will translate the information into the spoken language at the request of the parent or guardian.(c) Communication.(1) In the course of the communication described below, the youth's case manager must not disclose any information for which a youth 18 or older has withheld consent.(2) The youth's case manager:(A) seeks input from the family for the youth's ICP;(B) encourages families to communicate concerns to facility administrators and/or the case manager;(C) encourages families to visit their child in any program and prepare for the youth's return home;(D) whenever possible, counsels parents or guardians in preparation for the youth's return home;(E) encourages youth to communicate with families by letter and/or telephone; and(F) refers families to other agencies that provide services needed by the families.(d) Visitation. Youth are allowed to have visitation subject to the safe and secure operations of the program. See §380.9312 of this title for more information on visitation.</content><note type="source"><p>Source Note: The provisions of this §380.8705 adopted to be effective December 31, 1996, 21 TexReg 11961; amended to be effective August 28, 1998, 23 TexReg 8185; amended to be effective December 15, 2003, 28 TexReg 11100; amended to be effective July 27, 2004, 29 TexReg 7144; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8707"><num value="380.8707">§380.8707</num><heading>Furloughs</heading><content>(a) Purpose. This rule establishes the conditions under which a youth may be furloughed while in any residential placement.(b) Definitions. Furlough--an authorized absence from an assigned residential facility for a specific purpose and for a limited period of time.(c) General Provisions.(1) Youth in a residential facility may be granted the following types of furloughs.(A) Emergency. An emergency furlough may be granted when an emergency situation exists in the youth's family that, under normal circumstances, would require his/her presence as a family member.(B) Administrative. An administrative furlough may be granted for programmatic reasons, such as pre-placement visits to residential programs, home visits, health care services, or, for youth in high-restriction facilities, off-campus employment.(C) Bench warrant. A bench-warrant furlough is granted when a bench warrant is served on a youth and custody is transferred to the judicial jurisdiction issuing the warrant.(D) Return to court. A return-to-court furlough is granted when a determinate sentenced offender leaves a residential facility for a court appearance to determine disposition as required by law.(2) Administrative furloughs to a home that has been disapproved or is pending a home evaluation are not permitted.(3) Emergency and administrative furloughs are subject to certain restrictions based on a youth's custody and supervision rating. See §380.9707 of this title for more information.</content><note type="source"><p>Source Note: The provisions of this §380.8707 adopted to be effective December 31, 1996, 21 TexReg 11961; amended to be effective July 31, 2001, 26 TexReg 3942; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective December 1, 2016, 41 TexReg 8630.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8715"><num value="380.8715">§380.8715</num><heading>Title IV-E Foster Care Youth</heading><content>(a) The Texas Juvenile Justice Department (TJJD) participates in the Title IV-E federal foster care reimbursement program in compliance with all federal and state regulations set by the Administration for Children and Families (ACF) and the Texas Department of Family and Protective Services (DFPS). DFPS administers the program for Texas and is directly responsible to ACF.(b) All TJJD youth placed in halfway houses or non-secure contract care facilities are screened for Title IV-E eligibility.</content><note type="source"><p>Source Note: The provisions of this §380.8715 adopted to be effective December 31, 1996, 21 TexReg 11961; amended to be effective August 19, 2002, 27 TexReg 7546; amended to be effective July 27, 2004, 29 TexReg 7145; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8751"><num value="380.8751">§380.8751</num><heading>Specialized Treatment</heading><content>(a) Purpose. The purpose of this rule is to establish the process by which youth committed to the Texas Juvenile Justice Department (TJJD) are assessed and treated for specialized treatment needs. The purpose of all provisions in this rule is to promote successful youth reentry and reduce risk to the community by addressing individual specialized treatment needs through programs that are designed to reduce risk to reoffend.(b) Definitions. Except as indicated in this subsection, see §380.8501 of this chapter for definitions of terms used in this rule.(1) Intensive Treatment Program--a high-intensity treatment program designed to address youth with a high need for specialized treatment. Treatment is generally delivered in specialized groups by licensed or appropriately trained staff.(2) Psycho-educational Program--a low-intensity program delivered by appropriately trained staff that is designed to address youth with a low need for specialized treatment.(3) Sex Offense--a reportable adjudication as defined in Article 62.001 of the Texas Code of Criminal Procedure.(4) Mental Health Professional--see definition in §380.9187 of this chapter.(5) Moderate-Intensity Treatment Program--a program designed to address youth with a moderate need for specialized treatment. Treatment is generally delivered in specialized groups by licensed or appropriately trained staff.(c) General Provisions.(1) Youth with one or more specialized needs will have these needs addressed while under TJJD jurisdiction. Youth may have specialized needs addressed while in a high- or medium-restriction facility or on parole status.(2) If a youth cannot be provided the type(s) of specialized program designated in this rule for the youth's assessed need level, the youth will be provided with the most appropriate alternate form of intervention for that treatment need.(d) Treatment Planning.(1) Upon admission to TJJD, comprehensive assessments are conducted to determine if a youth has any specialized treatment needs and to identify the type of specialized program that is best suited to address those needs. For each youth assessed as having a specialized treatment need, an initial plan documenting all specialized treatment needs and recommended programs is developed as soon as possible.(2) In addition to the initial plan, a comprehensive plan is developed for each youth with specialized treatment needs. The comprehensive plan must:(A) include individually tailored statements regarding treatment goals and objectives;(B) include the tentative sequence and start dates for each specialized program;(C) be developed with input from the youth; and(D) be documented in the youth's individual case plan.(3) The sequence and start dates for specialized programs are based on individual youth needs, facility schedules, and program openings, with consideration given to the youth's minimum length of stay or minimum period of confinement.(4) The comprehensive specialized treatment plan is reviewed, reevaluated, and modified in accordance with rules for the review and modification of the individual case plan, as set forth in §380.8701 of this chapter. The plan is also modified following each reassessment of a youth's specialized treatment needs.(5) Specialized treatment needs may be reassessed at any time during a youth's stay in TJJD.(e) Specialized Treatment Needs. The areas of specialized treatment need are set forth in paragraphs (1) - (6) of this subsection, with each area given priority for placement and treatment based on urgency of need.(1) Medical. Each youth is provided comprehensive medical and dental examinations. Based on the results of these examinations, each youth is assigned a need level for medical or dental services. Non-compliance with treatment may cause any youth to be designated as higher need than the underlying condition would typically warrant.(A) High Need--includes youth who require medical, surgical, or dental services of an intense/acute nature. The youth has a serious acute condition, experiences an exacerbation of a chronic medical or dental condition, sustains a serious injury, and/or may require hospitalization. The youth's condition is unstable or unpredictable, and recovery requires 24-hour nursing care or supervision beyond the scope of normal infirmary services. The youth's medical needs, until resolved, take precedence over other therapeutic interventions and temporarily prevent active participation in programming.(B) Moderate Need--includes youth who are diagnosed with a medical or dental condition that is moderate to serious in severity and that may require frequent access to clinical and/or hospital services for symptom exacerbation.(C) Low Need--includes youth who are diagnosed with a condition that is mild to moderate in severity and does not require ongoing treatment or monitoring. The youth may be temporarily restricted from an activity due to an accident, injury, or illness of mild to moderate severity.(D) None--includes youth with no medical or dental diagnosis requiring ongoing attention.(2) Mental Health. The mental health needs assessment is provided by mental health staff through comprehensive psychological and/or psychiatric evaluation using the most current edition of the Diagnostic and Statistical Manual of Mental Disorders (DSM). Based on this assessment, each youth is assigned a need level for mental health treatment services.(A) High Need - Level 1.(i) This level of treatment need includes youth who:(I) are diagnosed with a mental disorder. As a result of the disorder, there is disorganized, bizarre, and/or grossly inappropriate behavior in one or more of the following areas: social or interpersonal interactions, educational or vocational participation, or the ability to manage daily living requirements;(II) have an assessment of adaptive functioning that is consistent with the level of impairment noted;(III) cannot meaningfully participate in programming until the underlying disorder is stabilized; and/or(IV) are an imminent danger to themselves or others as a result of the mental disorder.(ii) This level of impairment is not the result of a conduct disorder, oppositional defiant disorder, or similar impulse control/behavioral disorders and is not the result of intoxication or withdrawal from drugs.(iii) Youth with this level of impairment require a protective environment during this phase of the disorder and are treated at an agency-operated crisis stabilization unit or a psychiatric hospital with psychiatric care as the highest priority.(B) High Need - Level 2.(i) This level of treatment need includes youth who:(I) are diagnosed with a mental disorder. As a result of the disorder, there is moderate to severe impairment in one or more of the following areas: social or interpersonal interaction, educational or vocational participation, or the ability to manage daily living requirements despite receiving psychiatric care and clinical support services;(II) have an assessment of adaptive functioning that is consistent with the level of impairment noted; and/or(III) are having a difficult time maintaining stability and program participation despite receiving psychiatric services and local clinical support.(ii) This level of impairment is not the result of a conduct disorder, oppositional defiant disorder, or similar impulse control/behavioral disorders and is not the result of intoxication or withdrawal from drugs.(iii) Youth with this level of treatment need are placed in an intensive mental health treatment program with structured interventions and enhanced clinical support services in addition to regular psychiatric services.(C) Moderate Need.(i) This level of treatment need includes youth who:(I) are diagnosed with a mental disorder. As a result of the disorder, behavior is mildly impaired by signs and symptoms of the mental disorder in one or more of the following areas: social or interpersonal interaction, educational or vocational participation, or ability to manage daily living requirements with regular psychiatric care and/or psychological intervention;(II) have an assessment of adaptive functioning that is consistent with the level of impairment noted; and/or(III) display symptoms or difficulties with adaptive behavior as a result of abuse or trauma.(ii) This level of treatment need is not the result of a conduct disorder, oppositional defiant disorder, or similar impulse control/behavioral disorders and is not the result of intoxication or withdrawal from drugs.(iii) Youth with this level of treatment need are placed in an agency facility offering the necessary clinical and/or psychiatric support. Youth identified with a history of abuse or trauma are offered interventions specific to the trauma to help maintain their ability to function and participate in programming.(D) Low Need--includes youth who require only periodic mental health services, regardless of whether the youth have a mental health diagnosis, or regular psychiatric services. For youth with a psychiatric diagnosis, the assessment of adaptive functioning is consistent with the level of impairment noted.(E) None--includes youth who do not require follow-up services from mental health or psychiatric providers, regardless of whether the youth have a mental health diagnosis.(3) Intellectual Disability. The diagnosis of intellectual disability is made by mental health staff based on the results of a culturally validated assessment of cognitive functioning, mental abilities, reasoning, problem solving, abstract thinking, and adaptive behavior as defined in the latest edition of the DSM. Based on this diagnosis, each youth is assigned a need level for intellectual disability services. Youth are assigned to the placement that is best suited to meet the youth's individual treatment needs.(A) High Need--includes youth diagnosed with moderate or severe intellectual disability who have corresponding deficits in intellectual and adaptive functioning.(B) Moderate--includes youth diagnosed with mild intellectual disability who have a co-occurring mental health treatment need of moderate or low.(C) Low Need--includes youth diagnosed with mild intellectual disability who have no co-occurring mental health treatment needs.(D) None--includes youth who have no diagnosis of intellectual disability.(4) Sexual Behavior. The sexual behavior treatment need assessment is provided by a psychologist, mental health professional, or licensed sex offender treatment provider through a clinical interview and an agency-approved juvenile sexual offender assessment instrument. The assessment is provided for youth who have been adjudicated for a sex offense or who have a documented history of sexually inappropriate behavior. Based on this assessment, each youth is assigned a need level for sexual behavior treatment services.(A) High Need--includes youth who receive an assessment rating of high need for sexual behavior treatment based on the results of the clinical interview and the agency-approved juvenile sexual offender assessment instrument. Youth with this level of treatment need are assigned to participate in an intensive sexual behavior treatment program.(B) Moderate Need--includes youth who receive an assessment rating of moderate need for sexual behavior treatment based on the results of the clinical interview and the agency-approved juvenile sexual offender assessment instrument. Youth with this level of treatment need are assigned to participate in a moderate-intensity sexual behavior treatment program.(C) Low Need--includes youth who receive an assessment rating of low need for sexual behavior treatment based on the results of the clinical interview and the agency-approved juvenile sexual offender assessment instrument. Youth with this level of treatment need are assigned to participate in a psychosexual education curriculum.(D) None--includes youth who have no assessed need for sexual behavior treatment.(5) Capital and Serious Violent Offender. A psychologist or mental health professional makes a determination of need for capital and serious violent offender treatment for any youth who was found by a court or a Level I due process hearing to have engaged in conduct that resulted in the death of or serious bodily injury to a person or involved using or exhibiting a deadly weapon and any youth referred by a mental health professional based on a reasonable belief the youth is in need of capital and serious violent offender treatment. The determination is based on the youth's offense history and clinical assessment of the youth's need for specialized treatment intervention.(A) High Need--youth are assigned to participate in an intensive capital and serious violent offender program.(B) Medium Need--youth are assigned to participate in a moderate-intensity program designed to address aggression and violent behavior issues.(C) Low Need--youth are assigned to participate in a psycho-educational anger management supplemental curriculum.(D) None--includes youth who are assessed as not having a significant risk related to violent offending or behavior.(6) Substance Use Services. All youth are screened to determine if they should be assessed for a need for substance use services. Those who need further assessment are assessed and diagnosed by mental health staff or a chemical dependency counselor using the latest edition of the DSM. Based on a clinical interview and the results of an agency-approved, comprehensive assessment instrument, each youth is assigned a need level for substance use services.(A) High Need--includes youth with a diagnosis of substance use disorder and a high-intensity substance-use-services treatment need based on the results of an agency-approved assessment instrument. Youth with this level of treatment need are assigned to participate in an intensive substance-use-services treatment program.(B) Moderate Need--includes youth with a diagnosis of substance use disorder and a moderate-intensity substance-use-services treatment need based on the results of an agency-approved assessment instrument. Youth with this level of treatment need are assigned to participate in a moderate-intensity substance-use-services treatment program.(C) Low Need--includes youth with any identified substance use history or risk that does not rise to the diagnostic level of substance use disorder. Youth with this level of treatment need are assigned to participate in a psycho-educational substance-use-services program.(D) None--includes youth who have no history of substance use or risk of use.(f) Requirement to Complete Specialized Treatment.(1) This subsection applies only to youth who are assessed as having a high or moderate treatment need in the following treatment areas: sexual behavior, capital and serious violent offender, or substance use services. This subsection does not apply to youth assigned to complete psycho-educational supplemental curricula in these treatment areas.(2) For purposes of §§380.8545, 380.8555, and 380.8559 of this chapter, participation in or completion of assigned specialized treatment programs means:(A) the youth has completed assigned specialized treatment programs; or(B) a designee of the executive director with appropriate expertise determines that the youth has made sufficient progress toward treatment goals or that the goals can be addressed in a non-high-restriction setting.(3) This subsection does not apply to decisions made by the Release Review Panel under §380.8557 of this chapter.(g) Individual Exceptions.(1) The requirement to complete specialized treatment as described in subsection (f) of this section may be waived if the division director over specialized treatment or designee determines that the youth is unable to participate in the assigned specialized treatment program due to a medical or mental health condition or due to an intellectual disability.(2) Each youth's individual circumstances are considered when determining the most appropriate type of specialized treatment intervention to assign. A youth may be assigned or reassigned to a specialized program designated for a higher or lower need level than the youth's assessed need level for any reason deemed appropriate by the division director over specialized treatment or designee.(3) The executive director or designee may make exceptions to provisions of this rule on a case-by-case basis, based on a consideration of the youth's best interests and public safety.(4) The justification for any individual exceptions granted under this subsection must be documented.(h) Specialized Aftercare. Youth will be provided specialized aftercare as needed and as available.</content><note type="source"><p>Source Note: The provisions of this §380.8751 adopted to be effective September 1, 2009, 34 TexReg 5543; amended to be effective November 1, 2011, 36 TexReg 7170; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8767"><num value="380.8767">§380.8767</num><heading>Crisis Stabilization Unit</heading><content>(a) Purpose. The purpose of this rule is to establish criteria and a process for admitting youth who are experiencing a psychiatric crisis into a crisis stabilization unit (CSU) operated by the Texas Juvenile Justice Department (TJJD).(b) Definitions.(1) Designated Mental Health Professional--has the meaning assigned by §380.9187 of this chapter.(2) Psychiatric Provider--has the meaning assigned by §380.9187 of this chapter.(c) References.(1) For due process procedures for mental health status reviews, see §380.9571 of this chapter.(2) For emergency mental health placements, see §380.8771 of this chapter title.(d) Admissions.(1) Admission Criteria. A youth may be admitted to a CSU only when the following criteria are met:(A) the youth demonstrates serious dysfunction in behavior, judgment, thinking, or mood; and(B) the dysfunction is the result of a current neurological deficit, emotional disturbance, and/or psychiatric disorder (e.g., psychosis, major affective disorder, organic disorder, or anxiety disorder) and the dysfunction is not the result of a primary conduct disorder or antisocial personality disorder; and(C) the youth:(i) presents a risk of serious harm to self or others; or(ii) if not treated, will continue to suffer severe and abnormal mental, emotional, or physical distress and will continue to experience deterioration in the youth's ability to function independently, as evidenced by the youth's inability to attend to basic needs, such as food, health, personal hygiene, or safety; and(D) a CSU is the least restrictive intervention that is appropriate and available to safely and effectively meet the treatment needs and to control the dysfunctional behavior.(2) Referral Documents. The referral must include a current psychiatric evaluation from a psychiatric provider and a psychological evaluation approved by the designated mental health professional, unless the referral is due to an emergency mental health placement under §380.8771 of this chapter.(3) 72-Hour Admission Review Process. A mental-health-status review hearing must be held for each youth within 72 hours after arrival at the unit. If the 72-hour period ends on a Saturday, Sunday, or official holiday, the hearing must be held on the next workday. The hearing is held to determine whether criteria for unit admission have been met.(A) If the youth does not meet criteria for admission, the youth is not retained in the CSU. Youth who are not admitted are returned to the referring program/location.(B) If the youth meets criteria for admission, the youth is retained and treated in the CSU.(C) If the youth's treatment needs and appropriateness for admission cannot be determined during the hearing, the youth may be temporarily admitted to the CSU for diagnostic and assessment purposes for up to 45 days from the date of arrival.(i) A youth may be temporarily admitted for diagnostic and assessment purposes only if the hearing manager determines:(I) the youth exhibits evidence of psychiatric dysfunction;(II) the youth has recently engaged in behavior that presents a danger to self or others or has demonstrated a chronic failure to progress in the youth's prior programming;(III) the youth is in need of comprehensive psychiatric and psychological evaluation in a specialized setting; and(IV) the CSU is the least restrictive setting in which to effectively accomplish this evaluation.(ii) Before the end of the 45-day diagnostic and assessment period, the CSU staff must:(I) hold a mental-health-status review hearing to seek admission to CSU; or(II) transfer the youth out of CSU if a hearing is not held or if the youth is not admitted to CSU.(e) Program Requirements.(1) The program focus is on stabilization of the psychiatric dysfunction.(2) Services are provided in a self-contained unit.(3) An individualized treatment program, including treatment goals and objectives, is developed for and with each youth.(4) The treatment team reviews the youth's progress weekly.(5) The youth must be transferred out of the CSU within 90 days after the admission hearing unless an extension is granted.(f) Extensions.(1) Extension Criteria. An extension may be granted beyond 90 days only if:(A) the youth continues to meet admission criteria and the youth's treatment plan has been implemented appropriately; or(B) the youth has symptoms of mental illness and continued treatment in the CSU is deemed to be in the youth's best interest.(2) Due Process Requirements for Extensions.(A) The due process required to determine whether extension criteria have been met is a mental-health-status review hearing. A youth on parole status, as defined in §380.9550 of this chapter, will remain on parole status.(B) If an extension is recommended, the mental-health-status review hearing must be held:(i) approximately 75 days but no later than 90 days after the last mental-health-status review hearing; or(ii) within two workdays after the youth returns to the unit if the youth's is in a state hospital at the time the hearing is required.(C) Multiple extensions may be granted by following procedures in this subsection.(3) Release and Transition Options.(A) The extension of time to treat the psychiatric dysfunction must be terminated when placement in a CSU is no longer needed for the primary purpose of treatment of the dysfunction, as determined by a majority vote of the youth's treatment team.(B) Following termination of the extension, future placement decisions, including the youth's return to home parole placement, are made in accordance with other applicable policies and procedures.(C) No youth may be discharged from TJJD jurisdiction directly from a CSU unless TJJD's jurisdiction ends by statute.</content><note type="source"><p>Source Note: The provisions of this §380.8767 adopted to be effective June 24, 1997, 22 TexReg 5765; amended to be effective January 31, 2001, 26 TexReg 765; amended to be effective July 31, 2001, 26 TexReg 4876; amended to be effective April 15, 2002, 27 TexReg 2830; amended to be effective September 21, 2005, 30 TexReg 5955; amended to be effective September 1, 2009, 34 TexReg 5551; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257; amended to be effective July 15, 2024,49 TexReg 5151.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8769"><num value="380.8769">§380.8769</num><heading>Court-Ordered Mental Health Services</heading><content>(a) Purpose. The purpose of this rule is to establish criteria and a procedure for the Texas Juvenile Justice Department (TJJD) to seek court-ordered mental health services for youth with mental illness.(b) Applicability. This rule applies to all youth under TJJD's jurisdiction. TJJD retains jurisdiction of youth transferred to mental health facilities for emergency detention or on temporary or extended mental health commitments unless the youth are discharged pursuant to §§380.8565, 380.8569, 380.8595, or 380.8779 of this title.(c) Definitions. Mental Illness--has the meaning assigned by Texas Health and Safety Code §571.003.(d) Emergency Mental Health Detention.(1) A youth may be referred for emergency mental health detention if:(A) the youth evidences mental illness;(B) the youth evidences a substantial risk of serious harm to self or others;(C) the risk of harm is imminent unless the youth is immediately restrained; and(D) the necessary restraint cannot be accomplished without emergency mental health detention.(2) Upon approval by the TJJD chief local administrator, appropriate TJJD staff members file the required application documents with the judge of the local county court with probate jurisdiction.(3) If the court orders that the youth be placed in emergency mental health detention, he/she is transported to the appropriate mental health facility.(4) TJJD staff members notify the youth's parents, guardian, managing conservator, or any other appropriate party of the emergency detention.(5) Prior to the youth's discharge from the mental health facility, TJJD staff members determine the most appropriate follow-up placement to ensure the youth's mental health needs are appropriately addressed.(e) Court-Ordered Mental Health Services.(1) A youth may be referred for temporary inpatient mental health services if:(A) the youth is mentally ill; and(B) as a result of the mental illness the youth:(i) is likely to cause serious harm to self or others; or(ii) is:(I) suffering severe and abnormal mental, emotional, or physical distress;(II) experiencing substantial mental or physical deterioration of the ability to function independently, exhibited by an inability to provide for basic needs; and(III) unable to make a rational and informed decision as to whether or not to submit to treatment.(2) A youth may be referred for extended inpatient mental health services if the criteria in paragraph (1) of this subsection are met and:(A) the youth's condition is expected to continue for more than 90 days; and(B) the youth has received court-ordered inpatient mental health services for at least 60 consecutive days during the preceding 12 months.(3) A youth who is returning to or residing in the community may be referred for temporary outpatient mental health services if:(A) the youth is mentally ill;(B) the mental illness is severe and persistent;(C) as a result of the mental illness, the youth will, if not treated, continue to:(i) suffer severe and abnormal mental, emotional, or physical distress; and(ii) experience deterioration of the ability to function independently such that the youth cannot live safely in the community without court-ordered outpatient mental health services; and(D) the youth has the inability to participate in outpatient treatment services effectively and voluntarily.(4) A youth may be referred for extended outpatient mental health services if the criteria in paragraph (3) of this subsection are met and:(A) the youth's condition is expected to continue for more than 90 days; and(B) the youth has received court-ordered inpatient mental health services for at least 60 consecutive days during the preceding 12 months.(5) Upon approval of the application for court-ordered mental health services by the TJJD chief local administrator, appropriate TJJD staff members:(A) notify the local Mental Health Authority (MHA) of the pending application for court-ordered mental health services;(B) obtain a Certificate of Medical Examination from two physicians who have examined the youth within five days of the filing of the certificates with the county court. At least one physician must be a psychiatrist;(C) complete a social summary; and(D) file the application for court-ordered mental health services and all necessary documents with the appropriate county clerk.(6) TJJD staff members:(A) notify the youth's parents, guardian, managing conservator, or any other appropriate party of the hearing date set by the court at the time of the filing;(B) transport the youth to the hearing; and(C) if the youth is to be committed and TJJD is authorized by the court order to provide transportation:(i) transport the youth to the mental health facility specified in the court order;(ii) upon delivery of the youth at the receiving mental health facility, obtain a written statement from the facility acknowledging acceptance of the youth and any personal property belonging to the youth; and(iii) file a copy of the statement with the clerk of the court that issued the writ of commitment.(7) Prior to the youth's discharge from the mental health facility, TJJD staff members determine the most appropriate follow-up placement to ensure the youth's mental health needs are appropriately addressed.</content><note type="source"><p>Source Note: The provisions of this §380.8769 adopted to be effective April 15, 2010, 35 TexReg 2746; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8771"><num value="380.8771">§380.8771</num><heading>Emergency Mental Health Admission</heading><content>(a) Purpose. The purpose of this rule is to ensure that youth experiencing a psychiatric crisis receive immediate emergency care.(b) Placement Criteria. A youth may be placed in a hospital or stabilization unit to prevent imminent, serious harm to self or others due to behavior stemming from an apparent psychiatric crisis.(c) Placement Options.(1) The Texas Juvenile Justice Department (TJJD) refers youth who meet criteria to the following emergency placements:(A) TJJD crisis stabilization unit (see §380.8767 of this title); or(B) private hospital for emergency psychiatric care, if the TJJJD crisis stabilization unit is not available.(2) If a youth is placed in a private hospital, TJJD staff seek copies of evaluations performed by the hospital, forward all reports to the TJJD crisis stabilization unit, and submit a referral packet to the stabilization unit as soon as possible.(3) An extension past seven days in a private psychiatric hospital must be approved by the division director over treatment services.(4) A youth may remain in a private hospital only until he/she is sufficiently stabilized to allow safe movement to a TJJD crisis stabilization unit, as determined by the hospital physician.</content><note type="source"><p>Source Note: The provisions of this §380.8771 adopted to be effective December 31, 1996, 21 TexReg 11963; amended to be effective February 20, 1998, 23 TexReg 1114; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8775"><num value="380.8775">§380.8775</num><heading>Program Services for Youth with Intellectual Disabilities</heading><content>(a) Purpose. The Texas Juvenile Justice Department (TJJD) operates a residential treatment program that provides specialized program services for youth identified with a high need for intellectual disability services. The purpose of this rule is to establish admission criteria and procedures and release/transfer options.(b) Definitions.(1) Except as noted in paragraph (2) of this subsection, see §380.8501 for definitions of terms used in this rule.(2) High Need for Intellectual Disability Services--has the meaning assigned in §380.8751 of this title.(c) Admission Criteria. Youth from a high restriction residential facility may be admitted to the TJJD residential treatment program if a high need for intellectual disability services has been established.(d) Program Requirements. Youth diagnosed with an intellectual disability are provided an individualized case plan to enable their progress toward meeting treatment goals.(e) Release, Transfer, and Transition Options.(1) Youth in the TJJD residential treatment program are eligible to be transitioned, released, or transferred to less restrictive settings when they meet criteria in §§380.8545, 380.8555, 380.8557, 380.8559, 380.8565, or 380.8569 of this title.(2) Youth may be transferred or transitioned from the TJJD residential treatment program to an alternative placement if their functional ability improves to a level at which they can continue to progress toward their individual treatment goals in a general population setting.(3) Youth who do not progress in the agency's rehabilitation program for reasons other than an intellectual disability may be administratively transferred to another facility in accordance with §380.8545 of this title.(4) Youth in the TJJD residential treatment program who have completed the initial minimum length of stay and are unable to progress in the agency's rehabilitation program due to an intellectual disability are discharged in accordance with §380.8779 of this title.</content><note type="source"><p>Source Note: The provisions of this §380.8775 adopted to be effective July 19, 2006, 31 TexReg 5666; amended to be effective January 30, 2007, 32 TexReg 335; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8779"><num value="380.8779">§380.8779</num><heading>Discharge of Non-Sentenced Offenders with Mental Illness or Intellectual Disability</heading><content>(a) Purpose. The purpose of this rule is to provide criteria and a process for the Texas Juvenile Justice Department (TJJD) to discharge from its custody non-sentenced offender youth who have completed length of stay requirements and who are unable to progress in TJJD's rehabilitation programs because of mental illness or intellectual disability.(b) Applicability. This rule does not apply to sentenced offender youth.(c) Definitions. As used in this rule, the following terms have the following meanings:(1) Intellectual Disability--means "mental retardation" as used in Texas Human Resources Code §244.011 and §244.012 and has the definition assigned by Texas Health and Safety Code §591.003.(2) Mental Illness--has the meaning assigned by Texas Health and Safety Code §571.003.(d) General Provisions.(1) A determination of whether a youth is able to progress in TJJD's rehabilitation programs is made on an individualized basis, considering factors such as the youth's level of functioning, abilities, strengths, needs, and past progress. The determination also includes a review of the supplemental interventions and/or program adaptations used to accommodate the youth's disability.(2) All discharges under this rule require the approval of the executive director.(e) Discharge Eligibility Criteria.(1) Youth with a mental illness who meet the following criteria must be discharged:(A) the youth has completed the initial minimum length of stay;(B) the youth has been diagnosed with a mental illness by a licensed psychologist or psychiatrist based on the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association (e.g., psychotic disorder, bipolar disorder, major depressive disorder, organic disorder, severe neurological deficit); and(C) the youth is not able to progress in TJJD's rehabilitation programs primarily because of the youth's mental illness.(2) Youth with an intellectual disability who meet the following criteria must be discharged:(A) the youth has completed the initial minimum length of stay;(B) the youth has been diagnosed with an Intellectual Developmental Disorder by a licensed psychologist based upon the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association; and(C) the youth is not able to progress in TJJD's rehabilitation programs primarily because of the intellectual disability.(f) Referrals for Follow-Up Services.(1) Before a youth is discharged due to mental illness, a psychiatrist must examine the youth to determine whether the youth is in need of inpatient or outpatient mental health services.(2) Before a youth is discharged due to mental illness, TJJD must:(A) file an application for court-ordered mental health services as provided in Subchapter C, Chapter 574, Health and Safety Code, if the youth is not receiving such services; and(B) refer the youth to the local Mental Health Authority in the youth's home county for mental health services.(3) Before a youth is discharged due to intellectual disability, TJJD must refer the youth to the Local Authority (LA) in the youth's home county for intellectual disability services.(4) Prior to discharge, all youth discharged under this rule must be referred:(A) to the Texas Correctional Office on Offenders with Medical or Mental Impairments for continuity of care services; and(B) for staffing with the Community Resource Coordination Group that serves the county to which the youth will be discharged.(g) Effective Date of Discharge.(1) Mental Illness Discharge.(A) If the youth is already receiving court-ordered mental health services, discharge is effective immediately upon becoming eligible for discharge under subsection (e) of this section.(B) If the youth is not receiving court-ordered mental health services, discharge is effective the date the court enters an order regarding an application for court-ordered mental health services, or the 30th day after the application is filed, whichever occurs first.(2) Intellectual Disability Discharge.(A) Discharge is effective on the date any action by the home county LA is taken on the agency's application for intellectual disability services or 30 days from the date of the application, whichever occurs first.(B) If the youth is already receiving services for the intellectual disability, discharge is effective immediately upon becoming eligible for discharge under subsection (e) of this section.</content><note type="source"><p>Source Note: The provisions of this §380.8779 adopted to be effective April 15, 2010, 35 TexReg 2746; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8781"><num value="380.8781">§380.8781</num><heading>Referral of Sentenced Offenders to Court for Mental Health Services</heading><content>(a) Purpose. The purpose of this rule is to provide criteria and a process for the Texas Juvenile Justice Department (TJJD) to refer sentenced offender youth with mental illness to the committing juvenile court for inpatient mental health commitment proceedings.(b) Applicability.(1) This rule applies only to sentenced offender youth.(2) This rule applies only to youth committed to TJJD for offenses occurring on or after June 19, 2009.(3) This rule does not apply to youth who are in need of commitment to a mental health facility only for crisis stabilization and/or acute care. See §380.8769 of this title for such commitments.(c) Definitions. Mental Illness--see definition in §380.8779 of this title.(d) General Provisions.(1) A determination of whether a youth is able to progress in TJJD's rehabilitation programs will be made on an individualized basis, considering factors such as the youth's level of functioning, abilities, strengths, needs, and past progress. The determination also includes a review of the supplemental interventions and/or program adaptations used to accommodate the youth's disability.(2) All requests for hearings under this rule require the approval of the executive director.(e) Eligibility Criteria. TJJD may seek a court hearing for inpatient mental health services pursuant to Texas Human Resources Code §244.0125 for a youth who:(1) has been assessed as having a high need for specialized mental health programming, as defined in §380.8751 of this title;(2) has been diagnosed with a mental illness by a licensed psychologist or psychiatrist based on the most recent edition of the Diagnostic and Statistical Manual of the American Psychiatric Association (e.g., psychotic disorder, bipolar disorder, major depressive disorder, organic disorder, severe neurological deficit);(3) as a result of the mental illness:(A) is likely to cause serious harm to self or others; or(B) is:(i) suffering severe and abnormal mental, emotional, or physical distress;(ii) experiencing substantial mental or physical deterioration of the ability to function independently, exhibited by an inability to provide for basic needs; and(iii) unable to make a rational and informed decision as to whether or not to submit to treatment.(f) Referral to Court. If the executive director approves the request for a hearing, appropriate TJJD staff will petition the committing juvenile court for the initiation of mental health commitment proceedings in accordance with Texas Human Resources Code §244.0125.</content><note type="source"><p>Source Note: The provisions of this §380.8781 adopted to be effective April 15, 2010, 35 TexReg 2746; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8785"><num value="380.8785">§380.8785</num><heading>Sex Offender Registration</heading><content>(a) Purpose. The purpose of this rule is to provide criteria and procedures to ensure compliance with sex offender registration requirements as provided in Chapter 62 of the Texas Code of Criminal Procedure, regarding registration of sex offenders who are in the custody of the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies only to youth who have a reportable adjudication as defined by Chapter 62 of the Texas Code of Criminal Procedure.(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Reportable Adjudication--an adjudication of delinquent conduct for any of the offenses listed in Article 62.001, Texas Code of Criminal Procedure.(2) Full Registration--a youth has a reportable adjudication and is required to register as a sex offender and verify registration with the local law enforcement authority.(3) Non-Public Registration--a youth has a reportable adjudication and is required to register as a sex offender but the registration information is not public information.(4) Deferred Registration--a youth has a reportable adjudication but the court has issued an order deferring the decision on whether to require registration.(5) Excused or Waived Registration--a youth has a reportable adjudication but is not required to register as a sex offender because there is a court order exempting his/her duty to register.(6) Completion of Treatment for a Sex Offense--a youth has successfully completed treatment for the sex offense when a licensed sex offender treatment provider verifies that the youth has, while in a secure residential TJJD placement, successfully completed a sexual behavior treatment program as identified in the youth's individual treatment plan.(d) General Provisions.(1) Each youth who has a reportable adjudication will receive treatment for the sex offense while committed to TJJD.(2) TJJD submits sex offender registration information to the appropriate law enforcement agencies for each youth required by law or court order to register as a sex offender.(e) Full Registration. Before a youth with full registration requirements is released from a secure residential placement, TJJD:(1) ensures that the level of risk to the community is determined and assigned according to §380.8787 of this title;(2) ensures that:(A) all pre-release notifications located on the appropriate Texas Department of Public Safety (DPS) forms have been read and explained to the youth; and(B) the youth has initialed and signed all appropriate forms; and(3) at least seven calendar days before the date of release from a secure residential placement:(A) completes all sex offender registration forms required by DPS;(B) sends the sex offender registration forms to:(i) DPS; and(ii) the appropriate local law enforcement authority in the county in which the youth is expected to reside; and(C) ensures a complete set of fingerprints, using the sex offender registration/verification fingerprint card form approved by DPS, and a current photograph of the youth are sent to DPS.(f) Non-Public Registration. Before a youth with a non-public registration requirement is released from a secure residential placement, TJJD:(1) completes full registration as described in subsection (e) of this section; and(2) includes a cover letter stating the youth's registration is non-public and a copy of the non-public sex offender registration court order with the registration information submitted to DPS and the appropriate local law enforcement authority in the county in which the youth is expected to reside.(g) Deferred Registration.(1) For any youth with a deferred registration order:(A) if the youth successfully completes treatment for the sex offense, TJJD sends notification that the youth has completed treatment for the sex offense to the court that issued the deferred registration order and the district attorney within ten calendar days following verification of completion of treatment for the sex offense; or(B) if the youth does not successfully complete treatment for the sex offense, not later than ten calendar days before release or discharge, TJJD sends written notice to the court that issued the deferred registration court order and the prosecuting attorney stating that the youth did not successfully complete treatment for the sex offense; and(2) TJJD completes all required registration documents and submits the registration information as described in subsection (e) or (f) of this section if required by law.(h) Notification of Changes in Status.(1) If TJJD receives information that a youth who is required to register as a sex offender has any changes which affect proper supervision of the youth such as name changes, changes to physical health, job, incarceration, or conditions of parole, TJJD notifies the local law enforcement authority of the change(s) on the appropriate DPS sex offender registration form within ten calendar days following receipt of the information.(2) If TJJD receives information that a youth who is required to register as a sex offender has changed or intends to change address, TJJD notifies the local law enforcement authority of the change on the appropriate DPS sex offender registration form:(A) at least seven calendar days before the change of address; or(B) no more than three calendar days after obtaining the information if the information was not known prior to the change of address.(i) Interstate Compact for Juveniles.(1) For out-of-state youth who are accepted to reside in Texas under cooperative parole supervision and who have been adjudicated for an offense under the laws of another state or federal law that contains elements that are substantially similar to an offense requiring registration under Chapter 62 of the Texas Code of Criminal procedure:(A) TJJD ensures compliance with Texas laws requiring sex offender registration; and(B) if the youth has an out-of-state order excusing sex offender registration, TJJD completes full registration in Texas:(i) unless the duty to register is waived or exempted by an order issued by a Texas court; or(ii) until the duty to register expires.(2) For youth who are required to register as sex offenders in Texas and who are accepted to reside in other states under cooperative parole supervision, TJJD notifies the appropriate registering agency in the receiving state of the youth's registration in Texas.</content><note type="source"><p>Source Note: The provisions of this §380.8785 adopted to be effective December 14, 2003, 28 TexReg 11103; amended to be effective November 8, 2005, 30 TexReg 7231; amended to be effective November 1, 2011, 36 TexReg 7173; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8787"><num value="380.8787">§380.8787</num><heading>Sex Offender Risk Assessment</heading><content>(a) Purpose. The purpose of this rule is to ensure compliance with Chapter 62 of the Texas Code of Criminal Procedure, regarding the assignment of a risk level for sex offenders who are in the custody of the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies to youth who have been adjudicated for a sex offense that requires sex offender registration.(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Risk Assessment Review Committee (RARC)--A statutorily mandated committee created to oversee the assignment of sex offender risk levels. The committee is administered by the Texas Department of Criminal Justice.(2) Sex Offender Risk Assessment--The validated instrument used to determine the risk for sexual re-offending.(d) Risk Assessment. Each youth adjudicated for a sex offense that requires sex offender registration must have a risk assessment completed by trained staff prior to the youth's release from a secure facility operated by or under contract with TJJD. The youth is then assigned a risk level based on the risk assessment instrument(s) approved by the RARC.(e) Overrides. If a risk level is not believed to be an accurate prediction of the risk the youth poses to the community, TJJD may override the risk level or submit a request to the RARC for an override decision. The justification for a decision to override a risk level must be documented and filed in the youth's case file.(f) Notifications. TJJD notifies the youth and, if the youth is under 18 years of age, the youth's parents/guardian, of the result of the risk assessment and the outcome of any override requests.</content><note type="source"><p>Source Note: The provisions of this §380.8787 adopted to be effective September 23, 2002, 27 TexReg 8962; amended to be effective April 25, 2004, 29 TexReg 3801; amended to be effective November 15, 2011, 36 TexReg 7563; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective May 15, 2015, 40 TexReg 2575.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scB/s380.8791"><num value="380.8791">§380.8791</num><heading>Family Reintegration of Youth with Sexual Behavior Treatment Needs</heading><content>(a) Purpose. The purpose of this rule is to provide protection for victims or potential victims of youth with a high or moderate need for sexual behavior treatment.(b) Applicability. This rule applies to youth who have been assessed as having a high or moderate need for sexual behavior treatment in accordance with §380.8751 of this title.(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Family--the family members who live in the designated home placement, including the victim or potential victim(s).(2) Victim--a person who, as the result of the sexual offense, suffers a pecuniary loss, personal injury, or harm.(3) Potential Victim--a person who has a demographic profile similar to the victim or who has a profile that triggers the youth's deviant or abusive sexual arousal patterns.(4) High or Moderate Need for Sexual Behavior Treatment--see definition in §380.8751 of this title.(d) Criteria for Family Reintegration. Before approving a youth's return to a home where a victim or potential victim resides, the Texas Juvenile Justice Department:(1) verifies that the parole officer has completed a home evaluation, parole individual case plan, conditions of parole, and a checklist that identifies strategies to minimize risk factors associated with sexual re-offending;(2) contacts the Texas Department of Family and Protective Services to determine whether there is an open or closed Child Protective Service (CPS) case and considers any concerns of CPS staff related to the victim or other vulnerable children in the home;(3) if the victim is in treatment, notifies the victim's therapist that the youth is returning to the home where the victim resides and considers any concerns raised by the therapist regarding the youth's return; and(4) verifies that the youth has demonstrated sufficient progress in treatment to be ready to return home as evidenced by:(A) completion of the highest stage in the agency's rehabilitation program; and/or(B) completion of the assigned sexual behavior treatment program; and/or(C) participation in the development and presentation to the family of a safety and family reintegration plan that contains specific plans to cope with high-risk situations.</content><note type="source"><p>Source Note: The provisions of this §380.8791 adopted to be effective August 19, 2002, 27 TexReg 7546; amended to be effective April 25, 2004, 29 TexReg 3801; amended to be effective November 1, 2011, 36 TexReg 7351; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9257.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scC"><num value="C">SUBCHAPTER C</num><heading>PROGRAM SERVICES</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9103"><num value="380.9103">§380.9103</num><heading>Living Environment</heading><content>(a) Purpose. The purpose of this rule is to establish basic physical plant requirements for the living areas within TJJD residential facilities.(b) Applicability. This rule applies to high and medium restriction facilities operated by TJJD, unless otherwise indicated.(c) General Provisions.(1) Heating, ventilation, lighting, and acoustical systems provide for comfortable living and working conditions for youth and staff.(2) Ventilation systems provide at least 15 cubic feet of outside or recirculated filtered air per minute, per occupant, in housing areas, staff stations, and dining areas.(3) All housing units have access to a drinking fountain within the housing unit.(4) Dayrooms are situated adjacent to youth sleeping areas and provide the following:(A) a minimum of 35 square feet per youth for the maximum number of youth who use the room at one time, not including lavatories, showers, and toilets;(B) furnishings consistent with the custody level of the youth assigned; and(C) sufficient seating and writing surfaces for the maximum number of youth who use the room at one time.(5) At least 20 foot-candles of light is provided at the writing level and in personal grooming areas.(6) Light from an opening or window that has a view to the outside is available:(A) in each sleeping room; or(B) from a source within 20 feet of each sleeping room.</content><note type="source"><p>Source Note: The provisions of this §380.9103 adopted to be effective December 31, 1996, 21 TexReg 12183; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9107"><num value="380.9107">§380.9107</num><heading>Youth Personal Property</heading><content>(a) Purpose. This policy establishes limits on the personal property a youth may possess while assigned to a residential facility. Restrictions on personal property are necessary to maintain facility order and to provide a safe environment that is conducive to rehabilitation. This rule also defines items that are considered contraband in a residential setting.(b) Applicability. This rule applies to high and medium restriction facilities operated by TJJD.(c) Definitions.(1) Contraband--includes any of the following:(A) Any item which is a crime to possess under municipal ordinances or state or federal law, including solvent inhalants, drugs (including synthetic drugs), and alcohol.(B) Unauthorized prescription drugs or over-the-counter medication. For example, possession of medication:(i) not prescribed to the youth;(ii) in excess of the amount prescribed;(iii) without the consent or knowledge of staff; or(iv) at an unauthorized time.(C) Narcotics paraphernalia.(D) Jewelry (high restriction facilities only).(E) Items that can be used, made, or adapted for use as a weapon.(F) Pictures, printouts, or drawings that depict exploitive or sexually explicit male or female nudity or partial nudity or sexual acts, including magazines or periodicals that routinely publish such pictures.(G) Posters, printouts, pictures, magazines, periodicals, clothing, or any other items with slogans, mottos, or emblems that are obscene, advocate illegal or immoral conduct, hold individuals or groups up to ridicule, advocate violence, or reinforce delinquent subcultural values, or in any way disrupt programs or activities.(H) Money, except in medium restriction facilities during an approved activity.(I) Gambling paraphernalia such as dice or playing cards.(J) Devices that have been fashioned to produce tattoos.(K) Any item not listed on the youth's personal property and clothing inventory (other than personal letters or photographs), including any articles of clothing that have been altered from the original design.(2) Possession--having care, custody, or control of an item.(d) Prohibition on Contraband.(1) Youth are prohibited from possessing contraband. Youth found in possession of contraband are subject to disciplinary consequences in accordance with §380.9503 of this title.(2) Seized contraband is disposed of in accordance with §380.9711 of this title.(e) Authorized Personal Property.(1) At the Orientation and Assessment Unit, youth are not permitted to possess any personal property except for medically necessary items. If a youth arrives at the Orientation and Assessment Unit with personal property other than medically necessary items, TJJD staff members inventory the property and return it to the county transporter.(2) At facilities other than the Orientation and Assessment Unit, youth may possess personal letters, photographs, approved religious items, and medically necessary items. Youth may be allowed to possess additional personal property as earned privileges based on the youth's progress in the TJJD rehabilitation program. TJJD staff members maintain a current inventory of each youth's personal property other than pictures and letters. A copy of the inventory is given to the youth.(3) Due to space limitations and fire safety regulations, the number or amount of personal items a youth may possess is limited to what will fit in the youth's designated storage space in a neat and orderly manner.(A) The size of the designated storage space provided to each youth is dependent on the facility's physical plant and dorm configuration.(B) No youth will be denied the right to possess a type of item allowed by this rule due to inadequate storage space. However, TJJD may limit the number or amount of a specific type of item.(C) Youth may personalize their areas within reasonable guidelines. Items on walls in bedrooms will be limited to space available on individual bulletin boards.(4) For youth with a documented history of self-harm, TJJD may restrict access to certain possessions that are otherwise allowed if the item(s) may be used for self-harming behavior. These restrictions are made on a case-by-case basis and documented.(5) TJJD is not liable for and will not replace lost, stolen, or damaged personal items of youth unless the loss or damage can be shown to have resulted from staff negligence.(6) When a youth is transferred to another facility, TJJD transports any personal property or clothing the youth is allowed to possess to the new facility.(7) Youth may not give, take, borrow, steal, or trade possessions with other youth.(8) A youth who escapes is considered to have abandoned his/her property. TJJD will notify the youth's parents, guardian, or managing conservator that the property will be disposed of in 30 days unless shipping COD is authorized. Should a youth be returned before the end of the 30-day period, TJJD will make reasonable efforts to return any property remaining at the facility.(9) Parents and youth are notified in writing of the rules relating to personal possessions.(f) Restrictions on Makeup. The following restrictions on possessing makeup apply only to youth in high restriction facilities.(1) Makeup may not be shared among youth.(2) Boys are not permitted to wear makeup, except as allowed by the facility administrator on a case-by-case basis.(3) Youth are not permitted to possess talcum powder, aerosol products, products in metal or glass containers, lip liner pencils, eyeliner (liquid or pencil), eye shadow (cream, powder, or pencil), eyebrow pencil, eyelash curler, loose powder, waterproof cosmetics, or nail polish. TJJD may place additional restrictions on certain types or brands of makeup or hygiene products based on safety concerns such as alcohol content or toxicity.(g) Restrictions on Purchased Items. The following restrictions on purchasing items apply only to youth in high restriction facilities.(1) The only items youth are permitted to purchase are:(A) personal clothing;(B) shoes;(C) makeup and other hygiene products; and(D) any items stocked in the facility commissary.(2) All purchases for a youth must be made using money from the youth's student trust fund in accordance with §380.9931 of this title. Staff members are prohibited from taking money directly from youth for this purpose.(3) Purchased items must be:(A) purchased from the facility's commissary; or(B) shipped directly from the vendor to the facility. Shipments are searched for contraband in accordance with §380.9315 of this title. Youth are not permitted to receive personal items during visitation.</content><note type="source"><p>Source Note: The provisions of this §380.9107 adopted to be effective April 27, 2003, 28 TexReg 3520; amended to be effective January 16, 2006, 30 TexReg 8451; amended to be effective July 19, 2006, 31 TexReg 5666; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9113"><num value="380.9113">§380.9113</num><heading>Food and Nutrition</heading><content>(a) This rule establishes standards to ensure that the Texas Juvenile Justice Department (TJJD) provides food services to meet the basic nutrition needs of its youth.(b) Food services departments in TJJD facilities may be operated by TJJD employees or through contracts with private organizations.(c) Facility food service departments shall meet applicable state and local sanitation and health standards.(d) Facilities shall comply with participation requirements for the United States Department of Agriculture National School Lunch Program and School Breakfast Program.(e) The most recent Recommended Dietary Allowances (RDA) published by the National Research Council shall be utilized in planning menus.(f) Standardized menus will be developed or revised as needed and reviewed annually for institutions and for halfway houses by a dietitian.(1) A single menu for staff and youth will be followed.(2) Medical diets shall be provided as prescribed by appropriate medical or dental personnel.(3) Religious diets will be provided when a youth's religious beliefs require adherence to religious dietary laws consistent with §380.9121 of this title.(g) Food will be served in an appetizing and attractive manner.(h) Youth shall be served three meals and a snack(s) daily; at least two of the meals are hot.(i) The scheduled start time between the evening meal and the following day's breakfast meal shall not exceed 14 hours.(j) On-duty correctional care staff shall supervise youth during meals.(k) Meals and snacks shall not be used as disciplinary measures.(l) Facilities will implement a system for determining and responding within reason to youth food preferences.</content><note type="source"><p>Source Note: The provisions of this §380.9113 adopted to be effective December 31, 1996, 21 TexReg 12183; amended to be effective August 28, 1998, 23 TexReg 8186; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9115"><num value="380.9115">§380.9115</num><heading>Youth Orientation</heading><content>(a) TJJD provides youth an orientation to the programs in which they are placed, except as noted in subsection (b) of this section.(1) An initial verbal orientation is completed within 24 hours after the youth's arrival.(2) A comprehensive verbal orientation is completed within 10 calendar days after the youth's arrival.(b) Youth who are transferred to a long-term placement at the same facility where the intake orientation was provided do not receive a new orientation.(c) If a youth does not understand English, TJJD provides the verbal and written orientation in the preferred language.(d) If a literacy problem exists, staff members assist youth to understand written orientation information.(e) The orientation includes verbal and written information on at least the following topics:(1) intake assessment process;(2) program goals;(3) services available;(4) daily living program;(5) procedures for gaining access to health care services;(6) procedures governing mail, telephone, and visitation;(7) youth rights;(8) program rules;(9) behavioral rules and possible consequences;(10) grievance resolution procedure;(11) release criteria;(12) search policy;(13) emergency evacuation procedure;(14) confidentiality of alcohol and drug abuse records;(15) zero-tolerance policy for sexual abuse, sexual activity, and sexual harassment;(16) trust fund procedures;(17) religious activities;(18) education services;(19) clothing and personal property;(20) drug testing policy; and(21) earned privileges.</content><note type="source"><p>Source Note: The provisions of this §380.9115 adopted to be effective December 31, 1996, 21 TexReg 12183; amended to be effective December 16, 1999, 24 TexReg 10372; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9117"><num value="380.9117">§380.9117</num><heading>Structured Activity and Recreation</heading><content>(a) Purpose. The purpose of this rule is to provide for structured activity and recreation programs for youth as a vital and essential aspect of individual development and as opportunity for appropriate social interaction.(b) Applicability. This rule applies to high and medium restriction facilities operated by the Texas Juvenile Justice Department (TJJD).(c) General Provisions.(1) Each facility's schedule includes the following:(A) at least one hour of large-muscle exercise:(i) seven days per week in high restriction facilities; and(ii) five days per week in medium restriction facilities; and(B) structured recreational activities or leisure-time activities:(i) for at least one hour each day in high restriction facilities; and(ii) for at least two hours each day in medium restriction facilities.(2) The recreation and large-muscle exercise program at each facility:(A) is conducted in cooperation with staff from various facility departments;(B) provides access to:(i) a variety of indoor and outdoor recreational activities as weather permits; and(ii) fixed and movable recreation equipment and adequate indoor and outdoor recreation and activity space; and(C) includes:(i) a variety of physical activities to reflect the expressed interests of the youth and to expose youth to different opportunities;(ii) physical skill-building to help maintain lifetime health and fitness;(iii) encouragement for youth to self-monitor and set personal fitness goals; and(iv) a means to individualize the intensity of activities and measure individual improvement.(3) A written schedule of large-muscle exercise activities and recreation events is available to youth.(4) TJJD ensures adequate staff are available to provide proper supervision during recreational activities.</content><note type="source"><p>Source Note: The provisions of this §380.9117 adopted to be effective December 31, 1996, 21 TexReg 12183; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9121"><num value="380.9121">§380.9121</num><heading>Moral Values, Worship, and Religious Education</heading><content>(a) Purpose. The purpose of this rule is to provide youth with the opportunity to participate in worship and religious education and to develop and internalize a set of personal moral and spiritual values.(b) General Provisions.(1) The Texas Juvenile Justice Department (TJJD) determines the religious preference of each youth admitted to TJJD. If a youth is under age 18, TJJD contacts the youth's parent/guardian to verify the youth's religious preference. If there is a disagreement regarding the religious preference for a youth under age 18, the religious preference will be established by the parent/guardian. If TJJD is unable to contact the parent/guardian after due diligence, TJJD will honor the youth's requested religious preference.(2) TJJD provides youth the opportunity to participate in religious education programs, services, and counseling.(3) Participation in religious education programs, services, and counseling is voluntary.(4) Arbitrary and discriminatory restrictions of religious freedoms are prohibited.(5) High restriction and medium restriction facilities operated by or under contract with TJJD must provide for reasonable access to religious education programs, services, and counseling.(6) Participation in religious education programs, services, and counseling may be limited only when documentation indicates a threat to the safety of persons involved or the activity disrupts order in the facility.(7) Youth in TJJD-operated facilities may request that a specific religious practice or item be made available to him/her. The request is subject to an assessment, accommodation, and approval process.(8) TJJD provides access to personal clergy for a youth's faith group in accordance with §380.9317 of this title.(9) TJJD encourages the participation of volunteer religious groups and individuals in its religious services and programs.</content><note type="source"><p>Source Note: The provisions of this §380.9121 adopted to be effective August 28, 1998, 23 TexReg 8464; amended to be effective December 16, 1999, 24 TexReg 10575; amended to be effective August 19, 2002, 27 TexReg 7547; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5436.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9125"><num value="380.9125">§380.9125</num><heading>Youth with Limited English Proficiency</heading><content>(a) Purpose. This rule ensures that the Texas Juvenile Justice Department provides every youth who has a home language other than English and who is identified as limited English proficient a full opportunity to participate in an English as a Second Language program.(b) Definitions. English Language Learner--a youth whose primary language is one other than English and whose English language skills are such that the youth has difficulty performing ordinary classwork in English. The terms English language learner and limited English proficient are used interchangeably.(c) General Provisions.(1) TJJD provides reasonable access to all programs and services for youth who are determined to be English language learners.(2) Upon admission to an orientation and assessment unit, each youth is screened to determine if a language other than English is primary. Youth with a primary language other than English are assessed for the degree of English proficiency. TJJD uses state-approved assessments for classification purposes.(3) The Language Proficiency Assessment Committee (LPAC) reviews youth assessments and determines language and instructional accommodations on an individual basis.(4) The results and conclusions of all educational, psychological, and other assessments will consider the possible influence of limited English proficiency on the outcome or test scores.(5) Youth are provided the necessary linguistic accommodations to ensure competency in listening, speaking, reading, and writing in the English language and to ensure equitable participation in facility programs.(6) All appropriate linguistic accommodations, as determined by the LPAC, must be provided to youth in accordance with state law.</content><note type="source"><p>Source Note: The provisions of this §380.9125 adopted to be effective July 1, 2003, 28 TexReg 4919; amended to be effective November 1, 2011, 36 TexReg 7352; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9141"><num value="380.9141">§380.9141</num><heading>Education Administration</heading><content>(a) Purpose. This rule establishes basic requirements for providing educational and vocational services consistent with applicable federal and state laws and the educational needs of Texas Juvenile Justice Department (TJJD) youth.(b) Orientation and Assessment Units.(1) Upon admission to a TJJD orientation and assessment unit, each youth's educational needs are assessed and the youth's education records are requested from previously attended schools.(2) An individual case plan is developed for each youth in accordance with §380.8701 of this title. The case plan includes academic and vocational objectives.(c) High-Restriction Facilities. This subsection applies only to high-restriction facilities with TJJD-operated educational programs.(1) TJJD operates schools as provided for in Sections 242.003 and 242.051, Human Resources Code, as well as Chapter 30, Subchapter E, Education Code.(2) TJJD educational programs comply with applicable federal and state requirements.(3) TJJD provides competency-based instruction, educational counseling, and vocational counseling to youth.(4) The school calendar is established annually by the TJJD Education Division and is approved by the executive director.(5) Teaching schedules for each teacher include a preparation period of at least 45 minutes for a minimum of four days per week.(6) Each school offers all credits necessary to meet high school graduation requirements following the state curriculum and administers state assessments required for graduation. As needed, youth are scheduled for special education, remedial education, English as a second language, and career and technology education courses. Youth who complete all Texas Education Agency (TEA) requirements for high school graduation while enrolled in a TJJD school will graduate from the TJJD school.(7) Preparation classes and testing are available to all age-appropriate youth who express an interest in obtaining a certificate of high school equivalency.(8) A four-year diploma plan is developed and revised at least annually for each youth who is 14 years of age or older and has not completed a high school diploma. An appropriate education plan is developed for each youth under 14 years of age and for each youth who has already obtained a high school diploma or equivalent.(9) Youth who have received a high school diploma or equivalent are required to participate in educational programming, which may consist of college classes and/or vocational training. Youth who have obtained a certificate of high school equivalency may also continue to take high school classes.(10) Youth have the opportunity to receive credit from courses offered by TJJD schools and from post-secondary courses.(11) Student mastery of state curriculum requirements for high school credits is documented and retained in student education files for verification of course completion.(12) Schools provide library services and materials for youth in accordance with §380.9151 of this title.(13) Schools use available federal funds to provide vocational instruction/training and required special education services not otherwise available at the facility.(14) Youth must complete:(A) progress tests on designated dates to determine their improvement since completing admission testing; and(B) required reading and math assessments prior to release.(15) A youth's participation in the education program, the reading improvement program, and the positive behavior support system are considered in decisions regarding the youth's privileges and progress toward release. See §380.9155 of this title for more information on the reading improvement program and positive behavior support system.(d) Medium-Restriction Facilities. This subsection applies only to TJJD youth placed in TJJD-operated medium-restriction facilities.(1) Medium-restriction facilities and local school districts are required to follow 19 TAC §89.1115, concerning the provision of public school services to TJJD youth, in addition to any memorandum of understanding entered into between TJJD and the local school district.(2) TJJD shares educational assessment information with the serving school in the community.(3) TJJD confers with school officials to advocate for appropriate academic and vocational course assignments for TJJD youth.(4) Daily study time and tutorial assistance are provided to youth.(5) A youth's educational participation is considered in decisions regarding the youth's privileges and progress toward release.(e) Parole.(1) Youth who have not received a high school diploma or equivalent are required as a condition of parole to be enrolled in an education or vocational program and attending regularly.(2) TJJD assists paroled youth who have received a high school diploma or equivalent to enroll in a post-secondary training or education program or to obtain full-time employment.</content><note type="source"><p>Source Note: The provisions of this §380.9141 adopted to be effective December 31, 1996, 21 TexReg 12184; amended to be effective February 20, 1998, 23 TexReg 1114; amended to be effective June 8, 2003, 28 TexReg 4312 ; amended to be effective December 14, 2003, 28 TexReg 11104; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective September 1, 2019, 44 TexReg 4513.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9145"><num value="380.9145">§380.9145</num><heading>Career and Technology Education</heading><content>(a) Purpose. This rule establishes a program to provide youth with opportunities for career and technology education.(b) General Provisions.(1) Upon admission to TJJD, each youth completes a vocational assessment. The results of the assessment may be considered when determining appropriate career and technology education program placement for the youth.(2) Youth enrolled in a career and technology education program complete a course in which they explore an individual career path.(3) Youth who are academically ready and are in compliance with behavioral expectations have an opportunity to enroll in career and technology education courses in conjunction with their academic courses.(4) Factors such as age, interest, safety, and basic literacy are considered when placing youth in advanced career and technology education courses.(5) TJJD regularly reviews career and technology training options to determine their relevance to employment opportunities in the community.(6) TJJD uses business, industry, and community resources in developing academic and vocational education programs for selected youth.</content><note type="source"><p>Source Note: The provisions of this §380.9145 adopted to be effective December 31, 1996, 21 TexReg 12184; amended to be effective February 20, 1998, 23 TexReg 1114; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9147"><num value="380.9147">§380.9147</num><heading>Youth Career and Technical Education Advisory Committee</heading><content>(a) Purpose. This rule establishes the Youth Career and Technical Education Advisory Committee, which assists the Texas Juvenile Justice Department (TJJD) with overseeing and coordinating vocational training for youth in state custody, including training provided by community colleges and other local entities.(b) General Provisions.(1) Committee duties include, but are not limited to:(A) assessing the vocational training needs of youth committed to state custody;(B) identifying barriers to the success of vocational training programs for youth committed to state custody;(C) engaging in long-range strategic planning to assist TJJD in establishing goals and actionable plans for expanding the use of vocational training for youth committed to state custody, including opportunities to successfully transition youth from programming in secure facilities to training and employment in the community; and(D) any other matter at the request of the board.(2) The goal of the committee is to help TJJD improve its procedures for and outcomes of vocational training to increase youths' success as they reenter Texas communities.(3) The committee is composed of 11 members appointed by the TJJD's governing board, including:(A) one representative from the Texas Education Agency;(B) one representative from the Texas Workforce Commission or a local workforce development board who has experience with programs for youth or young adults;(C) one representative from the Texas Department of Licensing and Regulation;(D) one representative from the Texas Department of Family and Protective Services;(E) two county juvenile probation chiefs;(F) one certified educator;(G) two members with professional experience in an occupation relevant to TJJD's vocational training programs, such as agriculture, construction, technology, manufacturing, and business;(H) one representative from a post-secondary education entity who has experience in the administrative, training, or coordination functions of a career and technical education program; and(I) one representative from an advocacy group with a primary function to improve education outcomes, safety, or well-being of youth.(4) The board must appoint a presiding officer for the advisory committee.(5) Committee members appointed under (c)(1)-(4) serve as ex officio members. Ex officio members have the same rights and privileges as other members, including the right to vote. These members are not counted when determining the number of members who represent a quorum or in determining whether a quorum is present.(6) A majority of committee members, excluding ex officio members, constitutes a quorum. A quorum must be present to vote on action items that will be submitted to the board for consideration.(7) Committee members, excluding ex officio members, serve staggered two-year terms with the terms of half of the members expiring on February 1 of each year. Members may serve multiple terms.(8) If a vacancy occurs on the committee during a committee member's term, the presiding officer of the board, with the board's approval, must appoint a replacement who meets the qualifications of the vacant position to serve for the remainder of the term.(9) A committee member shall avoid the appearance of a conflict of interest by not voting or participating in a decision by the committee that solely benefits, solely penalizes, or otherwise solely impacts the county or juvenile probation department over which the member has authority or the employer for whom the member works.(10) The committee's presiding officer or designee shall periodically update the board on the committee's activities, progress on board directives, and issues impacting vocational training for youth committed to state custody.(11) The committee is subject to Chapter 552, Government Code, as the act applies to bodies that are solely advisory in nature.(12) In accordance with Chapter 2110, Government Code, the committee is abolished on the fourth anniversary of the date of its creation unless the board amends rules to provide for a different abolishment date.(13) TJJD shall evaluate the continuing need for and recommendations to improve the committee during the rule review process established under Chapter 2001, Government Code.</content><note type="source"><p>Source Note: The provisions of this §380.9147 adopted to be effective July 15, 2024, 49 TexReg 5150.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9149"><num value="380.9149">§380.9149</num><heading>Financial Assistance for College or Technical School</heading><content>(a) Purpose. This rule provides an opportunity for qualified Texas Juvenile Justice Department (TJJD) youth on parole to receive financial assistance from TJJD, subject to availability of funds, to enroll in community colleges or technical schools in Texas.(b) Applicability. This rule applies only to financial assistance provided by TJJD:(1) from general revenue funds;(2) for community college or technical school courses other than dual-credit high school courses; and(3) for youth who are on parole status at the time of enrollment in the community college or technical school course(s).(c) Eligibility Criteria.(1) Academic Criteria. A youth must meet the following academic criteria to be eligible to receive financial assistance from TJJD:(A) complete a GED or high school diploma;(B) complete the state-required assessment test, unless documented as exempt;(C) document that he/she has applied for the Pell Grant and document that those funds will be available for the requested semester; and(D) document that all other applicable financial assistance has been applied for and document whether any additional assistance has been approved.(2) Behavioral Criteria. A youth must meet the following behavioral criteria to be eligible to receive financial assistance from TJJD:(A) have no major rule violations within the previous 60 days, as confirmed in a Level I or II due process hearing; and(B) adhere to requirements outlined in his/her individual case plan, conditions of placement, and/or conditions of parole, as applicable.(3) Programmatic and Other Criteria. A youth must meet the following programmatic and other criteria to be eligible to receive financial assistance from TJJD:(A) complete an independent living preparatory program, if required by TJJD; and(B) sign a financial assistance agreement with TJJD, which may contain any additional requirements as deemed appropriate by TJJD.(d) Limitations on Financial Assistance.(1) The provision of financial assistance is contingent on the availability of funds. Not all youth who are eligible will receive financial assistance.(2) The youth must be under TJJD jurisdiction at the beginning of each semester for which TJJD provides financial assistance.(3) Financial assistance may be used only for the following expenses:(A) GED testing;(B) tuition and fees;(C) books;(D) technical school expenses such as uniforms or tools; and(E) other education-related expenses, as approved on a case-by-case basis by the division director over education services or designee.(4) TJJD is the payer of last resort. All other funds, such as Pell Grant funds, must be applied to the cost of tuition, fees, books, and required supplies before TJJD funds are used.(5) TJJD funds may not be used to pay for late fees, library fines, parking tickets, or similar expenses.(e) Requirements for Receiving Continued Financial Assistance.(1) TJJD may discontinue financial assistance for any of the following reasons:(A) behavior that results in arrest, a TJJD administrative due process hearing, or other disciplinary referral of any type;(B) unacceptable academic performance in classes paid with financial assistance, such as a grade point average below 2.0, poor attendance, or unapproved schedule changes; and/or(C) failure to provide TJJD with information regarding the youth's attendance, participation, grades, and progress throughout the term of the financial assistance.(2) TJJD reviews the youth's eligibility for continued financial assistance following receipt of the youth's grades.</content><note type="source"><p>Source Note: The provisions of this §380.9149 adopted to be effective December 31, 1996, 21 TexReg 12184; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639 ; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9151"><num value="380.9151">§380.9151</num><heading>Library and Instructional Resources</heading><content>(a) Purpose. This rule ensures that each Texas Juvenile Justice Department (TJJD) school provides a wide range of learning resources at various levels of difficulty that appeal to a variety of interests and represent different points of view to support, enrich, and assist in meeting the needs of the youth and teachers in the education program.(b) Definitions. Learning Resource--any print, video, or other material with instructional content or an instructional function.(c) Responsibility for Learning Resources Selection. The selection of learning resources is made by a Library and Media Review Committee (LMRC) at each school, which is composed of:(1) professional education staff;(2) librarians;(3) teachers or aides trained in the use of reviewing sources; and(4) administrators.(d) Selection Criteria.(1) The LMRC selects learning resources that:(A) stimulate growth in factual knowledge, literacy, appreciation, aesthetic values, and societal standards that will promote lifelong learning and reading habits;(B) present opposing sides of controversial issues so that youth may develop, with guidance, the practice of critical analysis and the ability to make informed decisions in their daily lives;(C) enrich and support the curriculum, taking into consideration the varied interests, abilities, learning styles, and maturity levels of the youths;(D) provide a background of information that will motivate students and staff to examine their own attitudes and behavior, to comprehend their duties, responsibilities, rights, and privileges as participating citizens in our society, and to make intelligent judgments in their daily lives;(E) are representative of religious, ethnic, social, and cultural groups and their contribution to our national heritage and the world community; and(F) are of various formats (i.e., print, non-print, and electronic);(G) support and are consistent with the educational goals of the state and TJJD as well as the goals and objectives of the individual facility and the courses taught;(H) are appropriate for the subject area, special treatment needs, age, emotional development, ability level, learning styles, and social development; and(I) meet high standards of quality in:(i) presentation;(ii) physical format;(iii) educational significance;(iv) readability;(v) authenticity;(vi) artistic quality and/or literary style; and(vii) factual content.(2) TJJD facilities will not show videos with an R-rating or any other rating designed for audiences age 17 or older. No video may be shown to youth without the approval of the principal.(e) Request for Reconsideration of Learning Resources.(1) Any youth or person on behalf of a youth may challenge a facility's use of a learning resource if he/she feels the material will have a negative or harmful impact on a youth. Any such challenge applies only to the facility where the challenge is filed.(2) To challenge a learning resource, the complainant must file an informal reconsideration request on the agency-provided form. The principal must respond to the request.(3) If the informal request does not resolve the issue to the complainant's satisfaction, the complainant may file a formal reconsideration request on the agency-provided form.(4) Upon the receipt of a formal reconsideration request, the principal must form a reconsideration committee, which is composed of:(A) a teacher from the area of concern and/or grade level;(B) a program supervisor;(C) a case manager appointed by the facility superintendent or designee; and(D) the principal.(5) The reconsideration committee must review the challenged material, decide if it conforms to the selection criteria outlined in this rule, and issue a written decision.(6) The complainant may appeal the decision of the reconsideration committee by submitting an appeal of the agency-provided form to the TJJD superintendent of education. The superintendent of education must respond to the appeal in writing.</content><note type="source"><p>Source Note: The provisions of this §380.9151 adopted to be effective September 22, 2003, 28 TexReg 8149; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639 ; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9155"><num value="380.9155">§380.9155</num><heading>Participation and Reporting Requirements of the Reading Improvement Program and Positive Behavior Support System</heading><content>(a) Purpose. This rule establishes participation requirements and certain reporting requirements for the Texas Juvenile Justice Department (TJJD) reading improvement program and positive behavior support system, as required by Section 30.106, Education Code.(b) Applicability.(1) For purposes of the reading improvement program, this rule applies only to youth in facilities with a TJJD-operated educational program who are required to participate in the reading improvement program based on their scores on the agency-approved reading assessments.(2) For purposes of the positive behavior support system, this rule applies to all youth in facilities with a TJJD-operated educational program.(3) Decisions concerning whether to release a youth on parole are made in accordance with §§380.8555, 380.8559, and 380.8569 of this title.(c) Definitions.(1) Positive Behavior Support System--a framework for systemic and individualized interventions to achieve important social and learning outcomes while preventing problematic behavior.(2) Reading Improvement Program--a comprehensive instructional system designed to improve reading skills. The program is delivered in a tiered system that provides increasing levels of support and intervention based on the level of assessed reading deficit.(d) General Provisions.(1) All facilities with TJJD-operated schools must implement the agency-approved reading improvement program and positive behavior support system.(2) Youth are provided written and verbal information that clearly explains participation requirements for the reading improvement program and the positive behavior support system.(3) The extent to which a youth is expected to participate in the reading improvement program and/or positive behavior support system must be consistent with the youth's individualized education plan and/or Language Proficiency Assessment Committee (LPAC) recommendations, as applicable.(4) Participation in the reading improvement program and the positive behavior support system contributes toward a youth's stage progression and the ability to earn privileges, in accordance with §380.8703 and §380.9502 of this title.(5) Before a youth is considered for release on parole, a review must be conducted to determine whether the youth has met participation requirements in the reading improvement program and the positive behavior support system.(6) Youth and parents/guardians must be provided prior written notice concerning the right to provide input into the determination of whether a youth has participated in the reading improvement program and/or the positive behavior support system.(7) A staff representative from a youth's admission, review, and dismissal committee and/or LPAC, as applicable, must participate in determining whether the youth has participated in the reading improvement program and/or the positive behavior support system.(e) Youth Participation in the Reading Improvement Program. Participation in the reading improvement program means a youth has:(1) completed the program as demonstrated by achieving the reading level corresponding to the youth's age based on an agency-approved reading assessment; or(2) participated in the program prior to completion of the youth's minimum length of stay (MLOS) or minimum period of confinement (MPC), as demonstrated by:(A) completing all required reading assessments during the youth's enrollment in the program; or(B) progressing in the program commensurate with ability and opportunities for participation; or(3) participated in the program after completion of the youth's MLOS or MPC, as demonstrated by:(A) progressing in the reading improvement program during the most recent 30-day period commensurate with ability and opportunities for participation; and(B) completing all required reading assessments during the most recent 30-day period.(f) Youth Participation in the Positive Behavior Support System. Participation in the positive behavior support system means a youth has responded to prevention and/or intervention strategies in the positive behavior support system to the extent that:(1) the youth possesses the behavioral skills necessary to transition to his/her future academic, vocational, or vocational training placement; or(2) appropriate transition supports are in place to promote the youth's transition to his/her future academic, vocational, or vocational training placement.(g) Evaluation for Effectiveness.(1) Reading Improvement Program. The reading improvement program is evaluated for effectiveness according to the following criteria and subgroups:(A) the rate of improvement in reading performance, as measured by monthly progress monitoring using curricular-based assessments in each of the essential components of reading instruction, including, but not limited to:(i) phonemic awareness;(ii) phonics;(iii) fluency;(iv) vocabulary; and(v) comprehension;(B) the annual rate of improvement in reading performance as measured using the battery of assessments set forth in subparagraph (A) of this paragraph, disaggregated by subgroups including, but not limited to:(i) students receiving general education services;(ii) students receiving special education services;(iii) students receiving English as a Second Language services; and(iv) ethnicity; and(C) student ratings of the quality and impact of the reading improvement program, as measured on a student self-reporting instrument.(2) Positive Behavior Support System. The positive behavior support system is evaluated for effectiveness according to the following criteria and subgroups:(A) documentation of school-related disciplinary referrals, disaggregated by factors and subgroups including, but not limited to:(i) type of infraction;(ii) location of infraction;(iii) time of infraction;(iv) students receiving general education services;(v) students receiving special education services;(vi) students receiving English as a Second Language services; and(vii) ethnicity;(B) documentation of school-related disciplinary actions, including time-out, placement in the security unit, use of restraints, and other aversive control measures, disaggregated by subgroups including, but not limited to:(i) students receiving general education services;(ii) students receiving special education services;(iii) students receiving English as a Second Language services; and(iv) ethnicity;(C) validated measurement of systemic positive behavioral support interventions; and(D) the number of minutes students are out of the regular classroom because of disciplinary reasons.</content><note type="source"><p>Source Note: The provisions of this §380.9155 adopted to be effective September 1, 2010, 35 TexReg 7876; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639 ; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective June 1, 2019, 44 TexReg 2614.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9161"><num value="380.9161">§380.9161</num><heading>Youth Employment and Work</heading><content>(a) Purpose. This rule provides opportunities for compensated and uncompensated work to allow youth in residential facilities to experience the responsibilities and rewards of constructive work.(b) Applicability. This rule applies to residential facilities operated by the Texas Juvenile Justice Department (TJJD).(c) General Provisions.(1) Youth are not permitted to perform any work prohibited by state or federal regulations or statutes pertaining to child labor.(2) Repetitive, purposeless, and degrading make-work is prohibited.(3) Training and work programs use the advice and assistance of labor, business, and industrial organizations where applicable.(4) Due to the short length of stay and the intent of the program, orientation and assessment units do not provide for any youth work programs other than routine housekeeping chores.(5) TJJD does not discriminate against youth on the basis of race, color, national origin, sex, religion, disability, or genetic information in providing opportunities for uncompensated and compensated work.(d) Uncompensated Work.(1) Youth may be required to do the following kinds of work without compensation:(A) assignments that are part of an agency educational curriculum (i.e., vocational training);(B) tasks performed as community service; and/or(C) routine housekeeping chores that are shared by all youth in the facility, including basic facility maintenance.(2) Youth may volunteer to participate in work and training opportunities without compensation as part of an individualized skills development program. The work and training opportunities may include, but are not limited to, tasks incidental to facility operations and assignments related to developing job skills or obtaining industry certifications. Youth who participate in a skills development program and demonstrate sustained improvement may be eligible for incentives, which may include minimal monetary awards.(3) A youth may volunteer to perform work without compensation as restitution for damage he/she has caused.(e) Compensated Work.(1) Each facility maintains and implements written procedures for operating compensated work programs that provide youth with training and employment experience.(2) Youth who meet established criteria may be paid for performing tasks incidental to facility operations if such employment is part of the youth's reentry plan. These work assignments must be applied for and are governed by standardized job descriptions and guidelines.(3) TJJD may operate a Prison Industry Enhancement Certification Program (PIECP) in accordance with Texas Human Resources Code Chapter 246 and Texas Government Code Chapter 497. Youth who participate in a PIECP are paid no less than the federal minimum wage.(4) Certain youth may qualify for off-campus employment. Such youth must be paid in accordance with federal wage laws.</content><note type="source"><p>Source Note: The provisions of this §380.9161 adopted to be effective August 28, 1998, 23 TexReg 8465; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 15, 2014, 39 TexReg 8077; amended to be effective December 1, 2016, 41 TexReg 8630.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9175"><num value="380.9175">§380.9175</num><heading>Health Care Definitions</heading><content>The following words and terms when used in this subchapter shall have the following meanings unless the context clearly indicates otherwise.(1) Designated Mental Health Professional--has the meaning assigned by §380.9187 of this title.(2) Four-Point Restraint--a professionally manufactured and commercially available restraint chair or bed designed to secure both arms and both legs to the chair or bed with cloth or leather straps.(3) Health Care Professional--an individual licensed by a professional board to practice in the State of Texas in a health care field including nursing, medicine, psychiatry, or dentistry.(4) Health Services Administrator--a licensed registered nurse who manages and coordinates the delivery of health care services for youth at a Texas Juvenile Justice Department (TJJD) facility.(5) Life-Threatening Medical Emergency--a situation that is imminently life-threatening or that requires immediate health care to prevent a life-threatening condition from developing. Examples include a youth being unresponsive, being unconscious, not breathing, experiencing severe respiratory distress, or experiencing severe bleeding in streams or spurts.(6) Medical Alert--a flagging or identifying process that alerts staff of a potentially dangerous or life-threatening diagnosed condition. These conditions may include, but are not limited to, a history or current diagnosis of chronic/acute asthma, cardiac problems, diabetes, seizures, serious injury, anaphylactic allergic reactions, or any other serious condition that significantly affects daily living activities and requires special assistance or special attention.(7) Medical Provider--a:(A) Texas-licensed physician; or(B) Texas-licensed nurse practitioner or physician assistant acting under the authorization of a physician.(8) Mental Health Professional--has the meaning assigned by §380.9187of this title.(9) Psychiatric Emergency--a situation that may require administering psychotropic medication to prevent harmful behaviors associated with a diagnosed psychiatric condition.(10) Psychiatric Provider--a:(A) Texas-licensed psychiatrist; or(B) Texas-licensed physician assistant or psychiatric nurse practitioner acting under the authorization of a psychiatrist.(11) Sick Call--a regularly-scheduled time when a health care professional addresses the health care needs of youth.</content><note type="source"><p>Source Note: The provisions of this §380.9175 adopted to be effective August 1, 2009, 34 TexReg 4916; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9181"><num value="380.9181">§380.9181</num><heading>Medical Consent</heading><content>(a) Purpose. This rule establishes a procedure for the Texas Juvenile Justice Department (TJJD) to consent to particular medical services for youth in TJJD jurisdiction in accordance with the Texas Family Code §32.001(b).(b) Definitions. See §380.9175 of this title for definitions of certain terms in this rule.(c) Applicability. This rule does not apply to youth committed to TJJD who are under the managing conservatorship of the Texas Department of Family and Protective Services. See Texas Administrative Code, Title 40, Section 702.425 for rules governing consent for these youth.(d) General Provisions. TJJD does not have the authority to consent to medical treatment for youth on parole in a home placement. For purposes of this policy, the term "home placement" does not include subsidized independent living described in §380.8583 of this title.(e) Medical Consent.(1) For Youth under Age 18.(A) TJJD has the authority to consent to the medical treatment of youth under age 18 only when:(i) the person having the right to consent (youth's parent or guardian) has been notified and TJJD has not received notification that the person objects; or(ii) the person having the right to consent cannot be contacted and the youth's health care need constitutes a medical emergency for a life-threatening condition.(B) If TJJD is able to contact the person with authority to consent, TJJD will defer to his/her decision as long as consent is not withheld for treatment of a life-threatening condition.(C) When a medical or dental provider determines a youth needs a diagnostic or treatment procedure or treatment for a serious injury or illness that requires parental/guardian consent, the parent/guardian will be contacted to provide written or verbal consent directly to the medical provider. If the parent/guardian cannot be contacted, the facility administrator has the authority to consent for treatment of the youth under certain conditions pursuant to Texas Family Code §32.001.(D) If a parent or guardian notifies TJJD that he/she objects to TJJD having medical consent authority, the parent or guardian will be asked to provide written consent for routine physical, dental, mental health, and chemical dependency examinations and/or evaluations and certain immunizations required by law.(E) When a youth is temporarily admitted to a facility of the Texas Department of State Health Services, the TJJD medical director may consent to the specific care outlined in §380.9183 of this title if the parent or guardian cannot be contacted directly for consent.(2) For Youth Age 18 or Older. When a youth reaches age 18, he/she has the legal right to consent to medical treatment. The youth's consent to treatment for non-life threatening conditions will prevail if there is a conflict between the youth and the parent/guardian and/or TJJD.(f) Notification. Notification about providing routine health care services and TJJD's authority to consent to treatment:(1) will occur during the youth's initial admission and any subsequent recommitment to TJJD; and(2) will be by certified mail to the last known address of the person having the right to consent.</content><note type="source"><p>Source Note: The provisions of this §380.9181 adopted to be effective August 1, 2009, 34 TexReg 4916; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9183"><num value="380.9183">§380.9183</num><heading>Health Care Services for Youth</heading><content>(a) Purpose. This rule establishes basic criteria, standards, and guidelines for delivering health care services to youth assigned to residential facilities operated by the Texas Juvenile Justice Department (TJJD) and to certain identified contract-care programs.(b) Definitions. See §380.9175 of this title for definitions of certain terms in this rule.(c) Criteria for Medical Care.(1) Medical providers provide primary medical care according to the following criteria:(A) lifesaving treatment;(B) limb-saving treatment;(C) reasonable care to relieve pain;(D) reasonable care for a degenerative condition;(E) preventive services, including age-appropriate immunizations; and(F) treatment for medical conditions that, if left untreated, could result in serious bodily harm.(2) Procedures outside these criteria for medical care must be approved by the TJJD medical director in consultation with TJJD's executive director or designee.(d) Criteria for Dental Care.(1) The dentist ensures equitable access to basic preventive services and essential treatment procedures when disease, significant malfunction, or injury occurs. Treatment priorities, in order, are:(A) emergency/urgent--treatment for conditions that will worsen or become life-threatening or acute without immediate intervention;(B) interceptive--intermediate treatment for asymptomatic advanced hard- or soft-tissue disease or loss of masticatory function;(C) rehabilitative--definitive treatment for chronic hard- or soft-tissue disease or loss of masticatory function; and(D) elective or special needs.(2) The attending dentist may deviate from this prioritization if necessary to protect a youth's overall health.(3) TJJD provides neither orthodontic braces nor maintenance of orthodontic braces for youth. However, if a youth has orthodontic braces when admitted to TJJD, TJJD provides necessary care to prevent injury to the mouth.(A) The youth's parent/guardian is responsible for the maintenance and adjustment of orthodontic braces after notification of TJJD policy.(B) TJJD staff may assist youth and parents/guardians in making orthodontic appointments, if needed. Appointments are usually made with the treating orthodontist, although a local orthodontist who agrees to examine and treat the youth may be used.(C) TJJD staff may provide transportation for orthodontic care if the staff can accommodate traveling the distance required to return a youth to the treating orthodontist.(e) Services.(1) TJJD administers at least the following services, either directly or through contractual arrangements:(A) physical examinations and treatment;(B) dental examinations and treatment;(C) treatment of injuries;(D) mental health evaluations;(E) immunizations;(F) laboratory and diagnostic tests;(G) administration of prescription or non-prescription medication for an illness or condition;(H) substance use disorder evaluations; and(I) examination following use of physical force and/or following decontamination resulting from using oleoresin capsicum spray (pepper spray).(2) Each TJJD institution and certain identified contract-care programs have a health services administrator designated to act as the local health authority. The local health authority provides coordination and/or supervision of medical services for youth.(3) Contract health care professionals provide health care services in the infirmary at each TJJD institution for youth who need increased observation or medical care, but who do not need hospitalization.(4) At TJJD institutions:(A) nurses are available seven days a week to triage youth health concerns and respond to on-site emergencies;(B) nurses conduct a regularly scheduled sick call five days a week to address non-urgent sick-call requests;(C) medical and psychiatric providers deliver services on-site or via telemedicine or telepsychiatry at least once weekly; and(D) dental staff provide services on-site on a routine basis.(5) At TJJD halfway houses:(A) nurses provide case management; and(B) medical, psychiatric, and dental services are completed by providers in the community. Fees for services are covered through Medicaid funding or by TJJD.(6) When admitted to TJJD, all youth receive a:(A) health screening;(B) physical examination, unless a physical examination was performed and documented within the past 90 days;(C) mental health screening and evaluation;(D) dental screening and examination, unless a dental screening and examination were performed and documented within the past 180 days; and(E) vision and hearing screening.(7) If the vision screening indicates the youth needs a new prescription for eyewear, state-issued prescription eyewear is provided. Youth placed in high-restriction facilities are prohibited from wearing contact lenses, except when medically necessary and when glasses are ineffective for correcting vision.(8) If the youth fails the hearing screening, the youth is referred to an audiologist for evaluation and treatment as needed.(9) If the dentist determines a dental cleaning is necessary, the procedure is scheduled, performed by a dental hygienist, and documented in the electronic health record.(10) Youth receive physical and dental examinations annually and treatment as needed, in accordance with (c) and (d) above.(11) In facilities housing females, obstetrical and gynecological services are available on-site or by referral.(12) Family planning services are available by referral for youth who request information.(f) Limitation of Services.(1) TJJD is not responsible for medical costs incurred by a youth:(A) on furlough or conditional placement status with a parent, relative, or guardian;(B) on parole status, unless the youth's placement is in a TJJD-operated/contract residential program;(C) on escape or abscond status; or(D) in a detention center or a county facility.(2) Pharmaceutical, cosmetic, and medical experiments are prohibited. This policy does not preclude individual treatment of a youth who needs a specific medical procedure that is not generally available.(g) Health Care Requirements.(1) Facilities housing more than 25 youth must have a central medical room with medical examination facilities.(2) When youth are in the infirmary, they are supervised by a TJJD staff member at all times.(3) The physician or dentist at each facility is the decision authority for clinical decisions under their respective areas of responsibility.(4) The medical provider develops the youth's medical plan of care.(5) At TJJD institutions, a medical provider is available once each week to provide health care services to youth and to respond to youths' health concerns.(6) Youth complaints about services they did or did not receive are processed through the youth grievance system in accordance with §380.9331 of this title.(7) At each TJJD institution, the superintendent, health services administrator, medical provider, and dentist must have regularly scheduled meetings to review health care services at the facility, including any concerns, problems, or barriers related to providing health care. If concerns are identified, a corrective action plan is developed, implemented, and monitored to ensure that issues are adequately addressed.(8) A youth who, by history or examination, has a serious or life-threatening medical condition may be placed on medical alert status by a medical provider. A nurse may temporarily place a youth on medical alert status until a medical provider can be notified.(9) The facility administrator may authorize medical and pharmacological intervention when required in a life-threatening situation, consistent with §380.9181 of this title. When intervention requires psychotropic medication, the authorization must meet criteria in §380.9192 of this title.(10) Each TJJD-operated residential program and certain identified contract-care programs post emergency medical procedures including, but not limited to, how to contact the on-call nurse, if applicable, and medical, dental, and psychiatric providers in an emergency.(11) Pharmaceutical procedures comply with federal and state laws and accepted industry practices about the acquisition, storage, administration, and documentation of prescription drugs.(h) Medical Concerns Reported by Youth.(1) Any youth may request a sick call for the evaluation of health care concerns.(2) At TJJD institutions, staff contact a nurse if a youth reports a health concern or if the staff is concerned about a youth's health status. At TJJD halfway houses, staff call the primary care physician or 911.(i) Emergency Room Referrals. At TJJD institutions, emergency room referrals may be authorized only by a medical provider, health services administrator or designee, or the medical or nursing director. In a life-threatening situation, non-medical personnel may contact 911 in accordance with medical emergency procedures.(j) Notification. TJJD staff immediately notifies a youth's parent/guardian if a serious illness or injury occurs or emergency surgery is recommended.</content><note type="source"><p>Source Note: The provisions of this §380.9183 adopted to be effective August 1, 2009, 34 TexReg 4916; amended to be effective November 15, 2011, 36 TexReg 7563; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective May 1, 2021, 46 TexReg 2829.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9184"><num value="380.9184">§380.9184</num><heading>Health Insurance</heading><content>(a) Purpose. The Texas Juvenile Justice Department (TJJD) may pursue reimbursement by third party payers for the medical care of youth committed to the agency.(b) TJJD staff will obtain information about medical insurance coverage of youth, including whether a court order requires the parent/guardian to provide insurance. The information will be systematically made available to TJJD managed health care contractors and residential contract care providers.(c) TJJD managed health care contractors may seek reimbursement for medical care from insurance companies.</content><note type="source"><p>Source Note: The provisions of this §380.9184 adopted to be effective July 1, 2003, 28 TexReg 4919; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9186"><num value="380.9186">§380.9186</num><heading>Infirmary Admission and Discharge</heading><content>(a) Purpose. This rule establishes conditions and procedures for youth to be admitted to and discharged from infirmaries in Texas Juvenile Justice Department (TJJD) facilities.(b) General Provisions.(1) Nursing care will be provided in the infirmary at each institution through contract health care staff for youth who do not need hospitalization but who need increased observation or medical care. Infirmary admissions are utilized for youth who are acutely ill, injured, medically compromised due to mental health decompensation, or recovering from surgery or illness.(2) Juvenile correctional officers shall supervise youth admitted to the infirmary at all times.(3) Only nursing staff may receive medical orders from the medical provider.(c) Infirmary Admission for Medical Diagnosis.(1) The medical provider or health services administrator or designee determines if a youth requires observation or treatment for a medical diagnosis or condition.(2) The health services administrator or registered nurse designee may admit a youth to the infirmary for a medical diagnosis or condition for up to 24 hours. Only a medical provider may authorize admission to the infirmary for 24 hours or longer.(3) Only a medical provider may discharge the youth if the youth:(A) was admitted to the infirmary for 24 hours or longer; or(B) was admitted by a medical provider for any length of time.(4) A nurse or medical provider may discharge the youth if he/she was admitted to the infirmary by a nurse.(d) Infirmary Admission for Psychiatric Monitoring.(1) A psychiatrist or physician, if readily available, may admit a youth to the infirmary for close observation and/or monitoring after a psychiatric-related incident. The designated mental health professional may authorize the admission when a psychiatrist or medical provider is not readily available. The nurse will immediately notify the psychiatrist, or a physician if a psychiatrist is not available, and document the notification and any order/instructions in the electronic medical record. Psychiatrist or physician orders shall be obtained for youth admitted to the infirmary within two hours of admission.(2) In obtaining psychiatrist or physician orders for youth experiencing a psychiatric crisis, nursing staff provides the psychiatrist relevant medical information such as current medications, vital signs, subjective or objective data (e.g., laboratory values),observations, and assessment. The psychiatrist or physician order includes instructions regarding any observations that nursing staff must make about the youth's mental status, as well as instructions for any other type of monitoring or medications that are to be administered.(3) A Ph.D. level psychologist or psychologist associate (if a Ph.D. level is not available) evaluates the youth at least once a day.(4) Disposition (discharge or referral) is made by the psychiatrist or physician.</content><note type="source"><p>Source Note: The provisions of this §380.9186 adopted to be effective December 16, 1999, 24 TexReg 10372; amended to be effective August 1, 2009, 34 TexReg 4916; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9187"><num value="380.9187">§380.9187</num><heading>Suicide Alert Definitions</heading><content>(a) Purpose. This rule establishes definitions of terms used in the Texas Juvenile Justice Department's (TJJD's) suicide prevention policies as set forth in §§380.9188, 380.9189, 380.9190, and 380.9745 of this chapter.(b) Definitions.(1) Completed Suicide--a death resulting from deliberate actions to harm oneself.(2) Critical Incident Review--a review conducted by a multi-disciplinary team designed to critically review the circumstances surrounding a death or serious incident and to recommend corrective action where necessary. The critical incident review may consider information such as incident reports, training/personnel records, policies/procedures, other relevant documents, facility practices, any non-confidential information resulting from a morbidity and mortality review, and any other information the review team determines is necessary for a comprehensive review.(3) Critical Incident Support Team--a team used to provide support to youth, employees, and families involved in or adversely affected by the death of a TJJD youth or staff member.(4) Designated Mental Health Professional--a doctoral-level psychologist who has primary responsibility and accountability for the evaluation, monitoring, and treatment of youth referred for suicide risk in high-restriction facilities. In the absence of a doctoral-level psychologist, a licensed mental health professional may be appointed to serve as the designated mental health professional with the approval of the Central Office director over treatment services.(5) Life-Threatening Suicide Attempt--a suicide attempt that a health care professional determines would have likely resulted in death except for circumstances beyond the youth's control.(6) Mental Health Professional--a doctoral-level psychologist, masters-level mental health specialist, licensed professional counselor, licensed psychological associate, or licensed clinical social worker.(7) Morbidity and Mortality Review--an assessment of the overall clinical care provided and the circumstances leading up to a death or certain serious medical incidents. Its purpose is to identify program strengths and opportunities for improvement in clinical care.(8) Protective Custody--a temporary program in high-restriction facilities designed for the placement of youth who cannot be safely managed in the current dorm or living unit due to risk of suicidal and/or self-harming behavior, as determined by a mental health professional.(9) Psychiatric Provider--a:(A) Texas-licensed psychiatrist; or(B) Texas-licensed physician assistant or psychiatric nurse practitioner acting under the authorization of a psychiatrist.(10) Rescue Kit--emergency medical items such as a CPR pocket mask, disposable gloves, and a tool capable of cutting ligatures.(11) Self-Harming Behavior--behavior that causes harm, such as self-laceration, self-battering, taking overdoses, or exhibiting deliberate recklessness. Self-harming behavior is not considered a type of suicidal behavior, unless designated as such by a mental health professional.(12) Staggered Intervals--periods of time that are irregular and unpredictable.(13) Suicidal Behavior--includes suicide attempts or taking deliberate action toward carrying out a specific plan or strategy to injure oneself or to cause one's own death.(14) Suicidal Ideation--thoughts of engaging in suicide-related behavior. This means a youth expresses thoughts or fantasies about committing suicide or expresses a desire to commit suicide.(15) Suicide Alert--a status that begins following a suicide risk assessment by a mental health professional, indicating that a youth is at risk to attempt suicide or self-harming behavior and requires increased supervision and/or precautions designed to limit the risk.(16) Suicide Attempt--an act apparently intended to end one's life. A suicide attempt is a type of suicidal behavior.(17) Suicide Observation Folder--a folder containing completed and/or active suicide observation logs/check sheets and any other pertinent information as determined by a mental health professional.(18) Suicide Observation Level--levels of observation determined by a mental health professional to provide enhanced supervision for youth who are awaiting a suicide risk assessment or who have been placed on suicide alert. General criteria for determining the appropriate level of observation are provided in subparagraphs (A) - (C) of this paragraph, however the mental health professional may assign any level of observation deemed appropriate under the circumstances based on the professional's clinical judgment.(A) One-to-One Observation--generally considered appropriate for a youth who is actively suicidal, either by threatening or engaging in suicidal and/or self-harming behavior, and who may require emergency psychiatric placement. One-to-one observation includes the following:(i) Assigned staff may not have any other concurrent duties.(ii) Assigned staff remains within six feet of the youth and maintains continuous, direct visual observation of the youth at all times, including while the youth is in the youth's room or while the youth is sleeping.(iii) Assigned staff documents the youth's status at least once every five minutes.(iv) Assigned staff must be formally relieved by another staff or by the discontinuation of the one-to-one status.(v) Doors to individual rooms remain unlocked, except when a youth presents an imminent danger to staff due to aggressive behavior.(B) Constant Observation--generally considered the appropriate level of observation for a youth who is actively suicidal, either by threatening or engaging in suicidal and/or self-harming behavior, but does not appear to require emergency psychiatric placement. Constant observation includes the following:(i) During waking hours, the youth is within 12 feet and within sight of assigned staff at all times. Staff may have concurrent duties if the duties do not interfere with observation of the youth. The assigned staff documents the youth's status at staggered intervals not to exceed every five minutes.(ii) During sleeping hours, assigned staff observes and documents the youth's status at staggered intervals not to exceed every five minutes.(iii) For youth in a security unit or crisis stabilization unit, doors to individual rooms remain locked.(C) Close Observation--generally considered the appropriate level of observation for a youth who is not actively suicidal and would be considered a lower risk for suicide but expresses suicidal ideation and/or has a recent history of suicidal and/or self-harming behavior. In addition, close observation would be appropriate for a youth who denies suicidal ideation or does not threaten suicide but demonstrates other concerning behavior (through actions, current circumstances, or recent history) indicating the potential for self-harm. With close observation, the assigned staff is generally involved in concurrent duties that do not interfere with required observation of the youth. The frequency of checks for youth on close observation is as follows:(i) for youth in a security unit or crisis stabilization unit, assigned staff observes and documents the youth's status at staggered intervals not to exceed every five minutes; and(ii) for all other youth, assigned staff observes and documents the youth's status at staggered intervals not to exceed 10 minutes.(19) Suicide-Resistant Clothing--tear-resistant, single-piece attire designed to promote a youth's safety while still providing warmth and coverage.(20) Suicide-Resistant Room--a room that provides a safe environment and has no obvious materials or possessions that can be used in suicidal and/or self-harming behavior or any item that can be used for hanging. The room is free of all obvious protrusions and any items that provide an easy anchoring device for hanging. Lighting is tamper-proof, and there are no switches or electrical outlets in the room. The door of the room has a heavy-gauge, clear panel that provides staff an unobstructed view of the room.(21) Suicide Risk Assessment--a standardized assessment by a mental health professional that:(A) is conducted in-person or via remote computer service that allows both parties to see and hear one another; and(B) contains specific lines of inquiry regarding suicide risk, a mental status examination, and clinical observations and recommendations.(22) Suicide Risk Screening--a standardized interview to determine the appropriate suicide observation level until a suicide risk assessment is conducted. The screening is conducted in-person or via remote computer service that allows both parties to see and hear one another.(23) Trained Designated Staff Member--a staff member trained to conduct a suicide risk screening.</content><note type="source"><p>Source Note: The provisions of this §380.9187 adopted to be effective December 1, 2009, 34 TexReg 8543; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective August 1, 2023, 48 TexReg 2380.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9188"><num value="380.9188">§380.9188</num><heading>Suicide Alert for High-Restriction Facilities</heading><content>(a) Purpose. This rule establishes procedures for identification, assessment, treatment, and protection of youth in high-restriction facilities who may be at risk for suicide.(b) Applicability. This rule applies to all youth currently placed in high-restriction facilities operated by the Texas Juvenile Justice Department (TJJD).(c) Definitions. Definitions pertaining to this rule are under §380.9187 of this chapter.(d) General Provisions.(1) Treatment for youth determined to be at risk for suicide is provided within the least restrictive environment necessary to ensure safety.(2) Youth determined to be at risk for suicide participate in regular programming to the extent possible, as determined by a mental health professional. Only a mental health professional may make exceptions to the provision of regular programming, housing placement, or clothing.(3) Using force to remove clothing shall be avoided whenever possible and used only as a last resort when the youth is physically engaging in suicidal and/or self-harming behavior.(4) Designated staff carry rescue kits at all times while on duty for use in the event of a medical emergency caused by a suicide attempt. Rescue kits are also placed in designated buildings or areas of the campus that are not accessible to youth.(5) As soon as possible, but not to exceed two hours, after a suicide attempt, the youth's parent or guardian is notified (with the youth's consent if the youth is age 18 or older).(e) Intake Screening and Assessment.(1) Upon Initial Admission to TJJD.(A) Upon arrival to a TJJD orientation and assessment unit, designated intake staff keep youth within direct line-of-sight supervision until the youth is screened or assessed for suicide risk.(B) Within one hour after the youth's arrival to a TJJD orientation and assessment unit, a mental health professional initiates an initial mental health screening and documents the results.(C) If the mental health professional identifies the youth as potentially at risk for suicide, the mental health professional immediately conducts a suicide risk assessment.(D) Within 14 days after arrival at the orientation and assessment unit, all youth receive a comprehensive mental health evaluation conducted by a mental health professional. The mental health evaluation will include a suicide risk assessment if one has not already been completed.(E) The suicide risk assessment completed upon initial admission includes, at a minimum:(i) a mental status exam;(ii) a review of all mental health and medical records submitted from the courts, county juvenile detention facilities, or any other medical or mental health provider, to include any assessments by mental health professionals relating to prior suicide alerts during confinement;(iii) a review of all other available screenings and assessments; and(iv) referrals for follow-up treatment or further assessment, as indicated.(F) The designated mental health professional reviews the suicide risk assessment.(2) Upon Arrival at a TJJD Facility after Intake.(A) Except for youth who are on suicide alert at the time of arrival, the following actions must occur within one hour after a youth's arrival at a high-restriction facility following an intrasystem transfer, any period of time spent out of TJJD's physical custody due to a significant life event, or a period of at least 48 hours spent out of TJJD's physical custody for any reason:(i) a trained designated staff member initiates a suicide risk screening; or(ii) a mental health professional initiates a suicide risk assessment.(B) The youth is kept within direct line-of-sight supervision until the youth is screened or assessed.(C) If a screening is conducted:(i) the trained designated staff member immediately contacts a mental health professional to assign an observation level, if appropriate, based on results of the screening; and(ii) the youth is immediately placed on the observation level directed by the mental health professional; and(iii) the mental health professional conducts a suicide risk assessment within an appropriate time frame, as established in agency procedures. Procedures will assign time frames based on the youth's assigned observation level and screening result.(D) The suicide risk assessment conducted upon a youth's arrival at a TJJD facility includes, at a minimum:(i) a mental status exam;(ii) a review of the youth's masterfile and medical record, as indicated;(iii) referrals for follow-up treatment or further assessment, as indicated;(iv) a determination of whether to place the youth on suicide alert, and if placed, designation of the appropriate observation level and other safety precautions; and(v) a review by the designated mental health professional of the assessment.(3) Additional Screening by Infirmary for Intrasystem Transfers.(A) Upon arrival of a youth from another high-restriction TJJD facility, a nurse completes an intrasystem health screening, including questions relating to suicidal ideation and suicidal behavior.(B) If the youth is identified by the screening as potentially at risk for suicide, the nurse immediately contacts a mental health professional and communicates the results of the screening.(f) Responding to Suicidal Ideation, Self-Harming Behavior, or Suicidal Behavior.(1) A staff member who has reason to believe that a youth has verbalized suicidal ideation or demonstrated self-harming or suicidal behavior must:(A) immediately use the rescue kit if appropriate and seek medical attention if there is a medical emergency;(B) verbally engage the youth;(C) provide constant observation unless a mental health professional directs a higher observation level;(D) begin a suicide observation log to document status checks of the youth;(E) immediately notify the campus shift supervisor and document the notification; and(F) refer the youth for a suicide screening.(2) As soon as possible, but no later than one hour after notification, the campus shift supervisor ensures a trained designated staff member initiates a suicide risk screening or a mental health professional initiates a suicide risk assessment. This screening or assessment is not required when deemed inappropriate due to a medical emergency.(3) If a screening is conducted:(A) the trained designated staff member immediately contacts a mental health professional to assign an observation level based on results of the screening; and(B) the mental health professional conducts a suicide risk assessment within an appropriate time frame, as established in agency procedures. Procedures will assign time frames based on the youth's assigned observation level and screening result.(4) If the youth is transported to the emergency room:(A) upon return to the facility, the youth is placed on one-to-one observation until assessed by a mental health professional; and(B) a mental health professional initiates a suicide risk assessment within four hours after the youth's return to the facility.(5) The suicide risk assessment conducted in response to suicidal behavior or ideation includes:(A) a mental status exam;(B) a review of the youth's masterfile and medical record, as indicated;(C) referrals for follow-up treatment or further assessment, as indicated;(D) a determination of whether to place the youth on suicide alert, and if placed, designation of the appropriate observation level and other safety precautions; and(E) a review by the designated mental health professional of the assessment.(6) Whenever possible, suicide risk screenings and assessments are conducted in a confidential setting.(g) Actions Taken Upon Completion of Suicide Risk Assessment.(1) Documentation Requirements.(A) Upon completion of a suicide risk assessment, the mental health professional documents the results of the assessment, including any changes in the youth's observation level.(B) If the youth is placed on suicide alert, the mental health professional ensures the youth's name is placed on the facility's suicide alert list. The designated mental health professional ensures the updated list is distributed to facility staff.(2) Notification of Assessment Results.(A) If the youth is placed on suicide alert:(i) as soon as possible, infirmary staff, the youth's case manager, staff responsible for supervising the youth, and the campus shift supervisor are notified of the youth's observation level, other safety precautions, and any additional instructions; and(ii) the youth's parent or guardian is notified as soon as possible after the youth is placed on suicide alert (with the youth's consent if the youth is age 18 or older).(B) If the youth is not placed on suicide alert, the mental health professional notifies the referring staff and the youth's case manager that the youth was assessed but not placed on suicide alert.(3) Assignment of Staff to Monitor Youth. If the youth is placed on suicide alert, the campus shift supervisor ensures a specific staff member is assigned to monitor the youth and carry the suicide observation folder.(h) Supervision of Youth on Suicide Alert.(1) Unless the youth is already placed in a suicide-resistant room, the campus shift supervisor or trained designated staff member coordinates a search of the youth's room or personal area and removes any potentially dangerous items.(2) The suicide observation folder must be in the possession of the monitoring staff member at all times while the youth is on suicide alert.(A) At no time may the youth possess the suicide observation folder.(B) Each time the youth is transferred to the supervision of another staff member, the receiving staff member must take possession of the folder and document the transfer of supervision in the folder.(3) As required by the suicide observation level and other safety precautions assigned to the youth, the monitoring staff member must:(A) maintain direct visual observation of the youth;(B) document the youth's status at the required interval; and(C) follow any precautions set by the mental health professional.(4) The monitoring staff member must not leave a youth assigned to one-to-one observation unattended or let the youth out of the staff member's sight.(5) During waking hours, the monitoring staff must not leave a youth assigned to constant observation unattended or let the youth out of the staff member's sight.(6) Any time a youth on one-to-one or constant observation is in the bathroom or shower, the monitoring staff must remain within six feet of the youth, and:(A) observe at least a portion of the youth's body (i.e., head, feet, or other observable parts, excluding genitalia, breasts, and buttocks); and/or(B) maintain verbal contact.(7) When a youth on one-to-one or constant observation is engaged in regular programming (e.g., education, group sessions, recreation), the monitoring staff will accompany the youth to the activity and remain within the required distance (i.e., 6 or 12 feet). If the youth cannot be maintained within the required distance without disrupting the program, a mental health professional must be consulted to consider possible modifications to the youth's supervision plan or scheduled routine to ensure the youth can be appropriately monitored.(8) Issuing suicide-resistant clothing and removing a youth's clothing, as well as canceling programming and routine privileges, will be avoided whenever possible and used only as a last resort for periods during which the youth is physically engaging in suicidal and/or self-harming behavior.(A) Decisions regarding issuance of suicide-resistant clothing and restrictions in programming and/or routine privileges may be made only by a mental health professional.(B) A decision to conduct a strip search if criteria in §380.9709 of this chapter are met may be made only in consultation with a mental health professional.(C) A decision to use force in order to remove a youth's regular clothing after a youth has been issued suicide-resistant clothing may occur only upon the recommendation of a mental health professional and with the approval of the directors over treatment and facility operations or the directors' designees.(D) If force is used to remove a youth's regular clothing as provided by subparagraph (C) of this paragraph, a mental health professional must evaluate the youth's need for trauma symptom care and ensure the care is provided if appropriate.(9) Unless approved by the designated mental health professional in consultation with the facility administrator, youth on suicide alert are not allowed access to off-campus activities or non-medical appointments. Decisions regarding off-campus medical appointments are made by medical staff.(i) Treatment and Reassessment of Youth on Suicide Alert.(1) A mental health professional develops a written treatment plan (or revises an existing care plan) that includes treatment goals and specific interventions designed to address and reduce suicidal ideation and threats, suicidal and/or self-harming behavior, and suicidal threats perceived to be based upon attention-seeking or manipulative behavior. The treatment plan describes:(A) signs, symptoms, and circumstances under which the risk for suicide or other self-harming behavior is likely to reoccur;(B) how reoccurrence of suicidal and other self-harming behavior can be avoided; and(C) actions the youth and staff can take if the suicidal and other self-harming behavior does occur.(2) The mental health professional consults with the youth's case manager, as needed, to recommend modifications to the youth's individual case plan based on issues identified in the treatment plan. The mental health professional consults with staff responsible for supervising the youth regarding the youth's progress.(3) While the youth is on suicide alert, a mental health professional assesses the youth at least once every 48 hours, unless the youth is placed on one-to-one observation, in which case the mental health professional assesses the youth at least once every 24 hours.(4) For each assessment, the mental health professional:(A) reviews the contents of the suicide observation folder, as well as suicide risk assessments and progress notes from other mental health professionals as applicable;(B) determines whether any changes should be made to the youth's observation level or other safety precautions (in consultation with the designated mental health professional if the assessing mental health professional is not licensed to practice independently and recommends lowering the observation level or precautions);(C) documents any changes in the observation level or other safety precautions in the suicide observation folder; and(D) documents the assessment, including a sufficient description of the youth's emotional status, observed behavior, recommended observation level, justification for decision, and any special instructions for staff.(5) Each time a change is made to the youth's observation level or other safety precautions, staff responsible for supervising the youth are notified and updated information regarding the youth is distributed to designated facility staff, including infirmary staff.(6) During routine meetings between the psychology department and the psychiatric provider, the designated mental health professional or designee discusses information concerning youth on suicide alert who are on the psychiatric caseload.(j) Protective Custody or Emergency Psychiatric Placement.(1) Youth who cannot be safely managed in their assigned living units may be referred for placement in a suicide-resistant room in the protective custody program, in accordance with §380.9745 of this chapter. All treatment, reassessment, and observation requirements established in this rule will continue to apply while a youth is assigned to protective custody unless otherwise noted in §380.9745 of this chapter.(2) If the designated mental health professional or psychiatric provider determines that a youth is in serious and imminent risk of suicidal and/or self-harming behavior and cannot be safely or appropriately managed within TJJD custody, the designated mental health professional or psychiatric provider may seek emergency psychiatric placement in accordance with §380.8771 of this chapter. The youth will be placed on one-to-one observation until received at the emergency placement.(k) Intrasystem Transfer of Youth on Suicide Alert.(1) Prior to transferring a youth on suicide alert to another high-restriction TJJD facility:(A) within 24 hours prior to transfer, a mental health professional at the sending facility sends a summary of the youth's suicidal and/or self-harming behavior, assessments, and treatment to the designated mental health professional and facility administrator or their designees at the receiving facility and any stopover facilities en route to the receiving facility; and(B) staff assigned to monitor the youth at the sending facility provide the suicide observation folder to the transporting staff.(2) A mental health professional at the receiving facility:(A) as soon as possible, but no later than four hours after the youth's arrival, reviews the transfer summary and initiates a suicide risk assessment;(B) places the youth on the facility's suicide alert list;(C) ensures the suicide observation log is provided to the staff assigned to monitor the youth; and(D) communicates with the designated mental health professional or designee regarding the plan for treatment and assessment.(3) Before the youth is moved to the assigned dorm or living unit at the receiving facility, staff responsible for supervising the youth and nursing staff are notified of the youth's suicide observation level.(l) Moving a Youth on Suicide Alert to a Less Restrictive Placement.(1) Prior to moving a youth on suicide alert to a less restrictive placement (i.e., medium-restriction facility or home placement), the mental health professional:(A) provides the youth (or parent/guardian if the youth is under age 18) with a referral for follow-up care;(B) coordinates with appropriate clinical staff to schedule a follow-up appointment;(C) communicates observation level and precautions to facility staff, if applicable;(D) identifies emergency resources, if needed; and(E) notifies the youth's parole officer, if applicable.(2) Mental health records are sent to the receiving mental health provider upon request.(m) Reduction of Observation Level and Removal from Suicide Alert.(1) The observation level for a youth on suicide alert may be lowered or discontinued only after a suicide risk assessment by a mental health professional. If the assessing mental health professional is not licensed to practice independently, the decision to lower or discontinue a youth's observation level may be made only in consultation with the designated mental health professional.(2) A mental health professional may lower a youth's suicide observation level by no more than one level every 24 hours unless otherwise approved by the designated mental health professional on a case-by-case basis.(3) Only a mental health professional or the designated mental health professional may authorize removal of a youth's name from the suicide alert list. Only youth on the lowest available observation level may be removed from suicide alert.(4) The mental health professional notifies appropriate staff when a youth's observation level is lowered and when a youth is removed from suicide alert. Infirmary staff notify the psychiatric provider of all such changes for youth on the psychiatric caseload.(5) The youth's parent or guardian is notified when the youth is removed from suicide alert (with the youth's consent if the youth is age 18 or older).(6) Upon removal from suicide alert, the mental health professional identifies in the treatment plan any needed follow-up mental health services.(n) Training.(1) All staff who have regular, direct contact with youth (including, but not limited to, security, direct care, nursing, mental health, and education staff) receive initial training in suicide prevention and response during new-hire training. Training addresses topics including, but not limited to:(A) identifying the warning signs and symptoms of suicidal and/or self-harming behavior;(B) high-risk periods for suicidal and/or self-harming behavior;(C) juvenile suicide research, to include the demographic and cultural parameters of suicidal behavior, incidence, and precipitating factors;(D) responding to suicidal youth and youth experiencing mental health symptoms;(E) communication between correctional and health care personnel;(F) referral procedures;(G) housing, observation, and suicide alert procedures; and(H) follow-up monitoring of youth who engage in suicidal behavior, self-harming behavior, and/or suicidal ideation.(2) All staff who have regular, direct contact with youth receive annual suicide prevention training.(3) Staff designated to conduct suicide screenings receive annual training from a mental health professional regarding suicide alert policy, suicide indicators, and suicide screening.(4) All training described by this subsection shall be accompanied by a test or demonstration to establish competency in the subject matter.(o) Post-Incident Debriefing and Analysis.(1) After a completed suicide or a life-threatening suicide attempt, the facility administrator or designee coordinates a debriefing with appropriate facility staff as soon as possible after the situation has been stabilized, in accordance with agency procedures.(2) After a completed suicide, the executive director or designee may dispatch a critical incident support team to provide counseling for youth and staff, coordination of facility activities, and assistance with follow-up care.(3) After a completed suicide, the medical director conducts a morbidity and mortality review in coordination with appropriate clinical staff. The medical director may conduct a morbidity and mortality review after a life-threatening suicide attempt.(4) After a completed suicide or a life-threatening suicide attempt, a critical incident review is convened to determine if the incident reveals system-wide deficiencies and to recommend improvements to agency policies, operational procedures, the physical plant, and/or training requirements.(5) In the event of a completed suicide, all actions, notifications, and reports required under §385.9951 of this title must be completed.</content><note type="source"><p>Source Note: The provisions of this §380.9188 adopted to be effective December 1, 2009, 34 TexReg 8543; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective August 1, 2023, 48 TexReg 2380; amended to be effective July 15, 2024, 49 TexReg 5152.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9189"><num value="380.9189">§380.9189</num><heading>Suicide Alert for Medium-Restriction Facilities</heading><content>(a) Purpose. This rule establishes procedures for identification, assessment, treatment, and protection of youth in medium-restriction facilities who may be at risk for suicide.(b) Applicability.(1) This rule applies to all youth currently placed in medium-restriction facilities operated by the Texas Juvenile Justice Department (TJJD).(2) Responsibilities assigned to mental health professionals in this rule apply only to mental health professionals employed by TJJD.(3) For facilities that do not have a mental health professional employed by TJJD and during periods when a TJJD-employed mental health professional is not on call or on duty:(A) TJJD uses community resources such as local mental health authorities and psychiatric hospitals for all required clinical services;(B) TJJD staff will attempt to obtain guidance from the mental health professional regarding any enhanced precautions or supervision requirements (consistent with §380.9187 of this chapter when possible) and frequency of follow-up assessments. TJJD staff follow the guidance and instructions provided by the community mental health professional regarding precautions and supervision for youth even when such differ from this rule; and(C) TJJD staff are authorized to seek additional instruction, guidance, or assessments from mental health professionals within TJJD or in the community at any time if there are concerns about the appropriateness of precautions or required supervision level.(c) Definitions. Definitions pertaining to this rule are under §380.9187 of this chapter.(d) General Provisions.(1) Treatment for youth determined to be at risk for suicide is provided within the least restrictive environment necessary to ensure safety.(2) Youth determined to be at risk for suicide participate in regular programming to the extent possible.(3) A rescue kit for use in medical emergencies is placed in at least one designated location within the facility that is not accessible to youth.(4) As soon as possible, but not to exceed two hours, after a suicide attempt, the youth's parent or guardian is notified (with the youth's consent if the youth is age 18 or older).(e) Intake Screening.(1) Upon a youth's admission to a medium-restriction facility, a trained designated staff member conducts a health screening, which includes a review of the youth's file and questions relating to suicidal ideation and behavior. The results of the health screening are documented.(2) If a youth is identified during the screening as potentially at risk for suicide:(A) the staff member who conducted the screening immediately notifies the facility administrator or designee;(B) the facility administrator or designee contacts a mental health professional to conduct a suicide risk assessment; and(C) the youth is placed on the one-to-one suicide observation level until assessed by a mental health professional.(3) If a TJJD-employed mental health professional is contacted to conduct the suicide risk assessment, the assessment must be completed as soon as possible, not to exceed 72 hours.(f) Responding to Suicidal Ideation, Self-Harming Behavior, or Suicidal Behavior.(1) A staff member who has reason to believe that a youth has verbalized suicidal ideation or demonstrated suicidal or self-harming behavior must:(A) immediately use the rescue kit if appropriate and seek medical attention if there is a medical emergency;(B) verbally engage the youth;(C) immediately notify the facility administrator or designee and document the notification;(D) provide one-to-one observation;(E) begin a suicide observation log to document status checks of the youth; and(F) refer the youth for a suicide screening.(2) As soon as possible but no later than one hour after notification, a trained designated staff member initiates a suicide risk screening or a mental health professional initiates an assessment. If a screening is conducted:(A) the staff member who conducted the screening immediately communicates the results of the screening to the facility administrator or designee; and(B) the facility administrator or designee ensures the youth is assessed by a mental health professional.(3) This screening or assessment is not required when deemed inappropriate due to a medical emergency.(4) If a TJJD-employed mental health professional is contacted to conduct the suicide risk assessment, the mental health professional assigns an observation level based on the results of the suicide screening.(5) Youth who are waiting for a suicide risk assessment are not allowed community access (e.g., community service, employment, academic attendance) unless TJJD staff supervise the youth on one-to-one observation.(6) If the youth is transported to the emergency room, upon return to the medium-restriction facility, the youth is placed on one-to-one observation until assessed by a mental health professional.(7) In facilities with a TJJD-employed mental health professional who is either on call or on duty, the mental health professional conducts a suicide risk assessment within an appropriate time frame, as established in agency procedures. Procedures will assign time frames based on the youth's assigned observation level and screening result.(g) Actions Taken Upon Completion of Suicide Risk Assessment.(1) Documentation Requirements. Upon completion of a suicide risk assessment conducted by a TJJD-employed mental health professional, the mental health professional documents the results of the assessment, including any changes in the youth's observation level.(2) Notification of Assessment Results.(A) Upon completion of a suicide risk assessment, the facility administrator or designee ensures appropriate facility staff are notified of the results.(B) If the youth is placed on suicide alert:(i) the facility administrator or designee immediately notifies facility staff of the youth's enhanced supervision requirements and any additional instructions; and(ii) the youth's parent or guardian is notified as soon as possible after the youth is placed on suicide alert (with the youth's consent if the youth is age 18 or older).(C) If the youth is not placed on suicide alert, the facility administrator or designee notifies the referring staff and the youth's case manager that the youth was assessed and not placed on suicide alert.(3) Assignment of Staff to Monitor Youth. If the youth is placed on suicide alert, the facility administrator or designee assigns a specific staff member to monitor the youth and document status checks.(h) Supervision of Youth on Suicide Alert.(1) The facility administrator or designee coordinates a search of the youth's room and removes any potentially dangerous items.(2) A suicide observation monitoring sheet must be in the possession of the monitoring staff member at all times while the youth is on suicide alert.(A) At no time may the youth possess the suicide observation sheet.(B) Each time the youth is transferred to the supervision of another staff member, the receiving staff member must take possession of the observation sheet and document the transfer of supervision.(3) The monitoring staff member must:(A) maintain direct visual observation of the youth if required;(B) document the youth's status at the required interval; and(C) follow any precautions set by the mental health professional.(4) The monitoring staff member must not leave a youth assigned to one-to-one observation unattended or let the youth out of the staff member's sight.(5) During waking hours, the monitoring staff must not leave a youth assigned to constant observation unattended or let the youth out of the staff member's sight.(6) Any time a youth on one-to-one or constant observation is in the bathroom or shower, the monitoring staff must remain within six feet of the youth, and:(A) observe at least a portion of the youth's body (i.e., head, feet, or other observable parts, excluding genitalia, breasts, and buttocks); and/or(B) maintain verbal contact.(7) Youth on suicide alert are not allowed access to off-site activities or appointments unless it is approved on a case-by-case basis. In such cases, the youth must be supervised on one-to-one observation.(i) Treatment and Reassessment of Youth on Suicide Alert.(1) Subparagraphs (A)-(D) of this paragraph apply to TJJD-employed mental health professionals.(A) A mental health professional prepares a written treatment plan for each youth on suicide alert, updating or revising the plan as necessary. The treatment plan includes:(i) identification of the crisis stabilization issues to be addressed in ongoing assessment sessions;(ii) a plan of action to address these issues; and(iii) the degree of community restriction necessary to provide for the youth's safety.(B) The mental health professional consults with facility staff to recommend modifications to the youth's individual case plan based on issues identified in the treatment plan.(C) While the youth is on suicide alert, the mental health professional assesses the youth as needed, but at least once every two calendar days.(D) For each assessment, the mental health professional:(i) reviews relevant suicide alert documentation and information;(ii) determines whether any changes should be made to the youth's observation level or other precautions; and(iii) documents any changes in the observation level, community restrictions, or other safety precautions.(2) Each time a change is made to the youth's observation level or other safety precautions, the facility administrator or designee ensures the changes are documented and facility staff are notified.(3) If the youth is receiving routine psychiatric services, the facility administrator or designee ensures the psychiatric provider is notified of the youth's placement on suicide alert and of any relevant information concerning the youth's treatment and supervision while on suicide alert.(j) Youth Who Cannot Be Safely Managed in Current Placement.(1) If the facility administrator or mental health professional determines that a youth cannot be safely managed within the structure of the current placement due to behavior that indicates imminent risk of suicide or serious self-injury, the facility administrator or designee:(A) ensures one-to-one observation for the youth until an emergency psychiatric placement is obtained;(B) obtains emergency psychiatric placement at a TJJD crisis stabilization unit or in a private psychiatric hospital. For youth not on parole status, the facility administrator or designee may also seek temporary admission to protective custody in a high-restriction TJJD facility pending emergency psychiatric placement if no such placements are immediately available; and(C) maintains communication with staff at the emergency placement to obtain current mental status information and to assess the length and suitability of the current placement.(2) For youth maintained on constant and/or one-to-one observation longer than seven days in a medium-restriction facility, the facility administrator or designee must pursue an alternative placement with longer-term stabilization, clinical resources, and increased supervision.(k) Reduction of Observation Level and Removal from Suicide Alert.(1) The observation level for a youth on suicide alert may be lowered or discontinued only after an assessment by a mental health professional.(A) A youth's suicide observation level may be lowered by no more than one level every 24 hours.(B) Only youth on the lowest available observation level may be removed from suicide alert.(2) The facility administrator or designee notifies facility staff when a youth's observation level is reduced and when a youth is removed from suicide alert.(3) The youth's parent or guardian is notified when the youth is removed from suicide alert (with the youth's consent if the youth is age 18 or older).(4) For youth being treated by a TJJD-employed mental health professional, the mental health professional identifies in the treatment plan any needed follow-up mental health services when the youth is removed from suicide alert.(l) Release or Discharge of Youth on Suicide Alert. Prior to releasing or discharging a youth on suicide alert to a community placement (i.e., another non-secure placement or home placement), the facility administrator or designee ensures a mental health professional has arranged for appropriate continuity of care when possible.(m) Training.(1) All staff who have regular, direct contact with youth receive initial training in suicide prevention and response during new-hire training. Training addresses topics including, but not limited to:(A) identifying the warning signs and symptoms of suicidal and/or self-harming behavior;(B) high-risk periods for suicidal and/or self-harming behavior;(C) juvenile suicide research, to include the demographic and cultural parameters of suicidal behavior, incidence, and precipitating factors;(D) responding to suicidal youth and youth experiencing mental health symptoms;(E) communication between correctional and health care personnel;(F) referral procedures;(G) housing, observation, and suicide alert procedures; and(H) follow-up monitoring of youth who engage in suicidal behavior, self-harming behavior, and/or suicidal ideation.(2) All staff who have regular, direct contact with youth receive annual suicide prevention training.(3) Staff designated to conduct suicide screenings receive annual training from a mental health professional regarding suicide alert policy, suicide indicators, and suicide screening.(4) All training described by this subsection shall be accompanied by a test or demonstration to establish competency in the subject matter.(n) Post-Incident Debriefing and Analysis.(1) After a completed suicide or a life-threatening suicide attempt, the facility administrator or designee coordinates a debriefing with appropriate facility staff as soon as possible after the situation has been stabilized, in accordance with agency procedures.(2) After a completed suicide, the executive director or designee may dispatch a critical incident support team to provide counseling for youth and staff, coordination of facility activities, and assistance with follow-up care.(3) After a completed suicide, the medical director conducts a morbidity and mortality review in coordination with appropriate clinical staff. The medical director may conduct a morbidity and mortality review after a life-threatening suicide attempt.(4) After a completed suicide or a life-threatening suicide attempt, a critical incident review is convened to determine if the incident reveals system-wide deficiencies and to recommend improvements to agency policies, operational procedures, the physical plant, and/or training requirements.(5) In the event of a completed suicide, all actions, notifications, and reports required under §385.9951 of this chapter must be completed.</content><note type="source"><p>Source Note: The provisions of this §380.9189 adopted to be effective December 1, 2009, 34 TexReg 8543; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective August 1, 2023, 48 TexReg 2380.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9190"><num value="380.9190">§380.9190</num><heading>Suicide Prevention for Parole</heading><content>(a) Purpose. This rule establishes procedures for the protection of youth on parole in the community who may be at risk for suicide.(b) Applicability. This rule applies to all youth under the jurisdiction of the Texas Juvenile Justice Department (TJJD) who are assigned to parole in home placements.(c) Definitions. Definitions pertaining to this rule are under §380.9187of this title.(d) General Provisions.(1) Any staff member who observes a youth engaging in suicidal behavior or ideation must immediately respond in a manner that protects youth safety.(2) If a staff member observes or becomes aware of a youth engaging in suicidal ideation, the staff member:(A) immediately ensures that the following individuals are notified of the youth's behavior:(i) the youth's parent/guardian (with the youth's consent if the youth is age 18 or older); and(ii) the youth's parole officer; and(B) provides the youth and/or parent/guardian information regarding community resources where a mental health professional may be consulted.(3) If a staff member observes or becomes aware of a youth engaging in suicidal behavior, the staff member:(A) immediately ensures that the following are notified of the youth's behavior:(i) the local mental health authority or local law enforcement, as appropriate;(ii) the youth's parent/guardian (with the youth's consent if the youth is age 18 or older); and(iii) the youth's parole officer;(B) provides the youth and/or parent/guardian information regarding community resources where a mental health professional may be consulted; and(C) refers the youth for emergency psychiatric placement in accordance with §380.8771 of this title if the staff member determines, in consultation with the appropriate administrator, that the youth is in imminent danger of serious self-injury and is not receiving adequate treatment and supervision in the community.</content><note type="source"><p>Source Note: The provisions of this §380.9190 adopted to be effective December 1, 2009, 34 TexReg 8543; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9191"><num value="380.9191">§380.9191</num><heading>Psychopharmacotherapy</heading><content>(a) Purpose. This rule provides guidelines for using psychopharmacotherapy as part of an established treatment plan for Texas Juvenile Justice Department (TJJD) youth exhibiting symptoms of mental illness, mental disorder, or emotional distress.(b) General Provisions. Under no circumstances are tranquilizers, psychostimulants, or other psychotropic medications administered:(1) for discipline, security, or control purposes;(2) for experimental research; or(3) as a sleep aid (unless sleep disturbance is related to a primary mental health diagnosis).(c) Prescribing Psychotropic Medication.(1) TJJD strives to ensure that prescribing psychotropic medication is a collaborative effort among the psychiatric provider, the youth, and the parent/guardian when feasible. All discussions and/or notifications to the youth and/or the parent/guardian regarding treatment objectives, medication disadvantages, available alternatives, consequences of not following the recommended treatment plan, and potential medication side effects are documented in the youth's medical record. During the intake and assessment process, the psychiatric provider may continue the medication after reviewing the youth's medical record and/or conducting a psychiatric evaluation. Indication for the psychopharmacotherapy must be documented in the youth's medical record.(2) Psychotropic medication may be prescribed only as part of an established treatment plan after a youth has received nursing, medical, and mental health screenings and evaluations. A previously prescribed medication may be continued upon TJJD admission or transfer to promote continuity of care in accordance with subsection(c)(1) of this section.(3) Psychotropic medication is prescribed only to a youth who exhibits symptoms that meet criteria in the current Diagnostic and Statistical Manual for a psychiatric disorder.(4) The schedule and dosage of prescribed psychotropic medication are consistent with established community standards of care and nationally accepted practice guidelines. If the schedule and dosage differ from these standards or guidelines, the psychiatric provider must clearly document his/her rationale.(5) Standing orders will not be utilized for prescribing psychotropic medication. The use of standing orders shall comply with applicable state regulations.(6) Psychotropic medication is prescribed in accordance with disease management guidelines and the formulary adopted for use by TJJD and the University of Texas Medical Branch-Correctional Managed Care (UTMB). The guidelines and formulary are developed and revised as needed by the TJJD/UTMB Pharmacy and Therapeutics Committee, consisting of psychiatrists, pharmacists, nurses, the TJJD medical director, and the UTMB mental health directors.(d) Psychotropic Medication Administration.(1) Psychotropic medication is administered orally unless specific contraindications have been documented.(2) Psychotropic medication may not be administered against the will of a youth except in a psychiatric emergency as specified in §380.9192of this title.</content><note type="source"><p>Source Note: The provisions of this §380.9191 adopted to be effective December 31, 1996, 21 TexReg 12185; amended to be effective February 20, 1998, 23 TexReg 1115; amended to be effective July 31, 2001, 26 TexReg 4728; amended to be effective September 19, 2011, 36 TexReg 5943; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9192"><num value="380.9192">§380.9192</num><heading>Involuntary Emergency Administration of Psychotropic Medication</heading><content>(a) Purpose. This rule establishes criteria for the Texas Juvenile Justice Department (TJJD) to administer psychotropic medication to youth in TJJD-operated high restriction residential facilities. These criteria apply in a psychiatric emergency when the youth cannot or will not give consent for the administration.(b) Definitions. See §380.9175 of this title for definitions of certain terms in this rule.(c) References. See §380.9723 of this title for use of force procedures and approved techniques.(d) Criteria for the Involuntary Emergency Administration of Psychotropic Medication.(1) Psychotropic medication may be administered in an injectable form to a youth with a diagnosed mental health condition in a psychiatric emergency when the youth cannot or will not give consent and the youth demonstrates any of the actions listed below:(A) imminent and substantial harm to self because of overt behaviors that could result in bodily harm or death; or(B) imminent and substantial physical harm to another because of acts the youth overtly commits.(2) Only a facility psychiatric or medical provider as defined in §380.9175 of this title may prescribe the involuntary emergency use of psychotropic medication.(e) Restrictions for Administering Psychotropic Medication.(1) Psychotropic drugs shall not be administered for punishment or for program management or control. Pharmaceutical experimentation or research using TJJD youth is strictly prohibited.(2) Standing medication orders are prohibited in a psychiatric emergency.(f) Emergency Commitment to a State Hospital or Admission to a Crisis Stabilization Unit.(1) TJJD initiates commitment to a state hospital for a youth requiring compelled psychotropic medication. See §380.8769 of this title for state hospital commitment procedures.(2) If the youth qualifies for admission to a crisis stabilization unit, staff immediately initiates an admission referral. See §380.8767of this title regarding admission to a crisis stabilization unit.(g) Notification.(1) The facility administrator or designee notifies the parent/guardian of involuntary administration of psychotropic medication as soon as possible following the action.(2) Psychiatric emergencies are reported in accordance with agency procedures for reporting serious incidents.</content><note type="source"><p>Source Note: The provisions of this §380.9192 adopted to be effective February 20, 1998, 23 TexReg 1115; amended to be effective August 1, 2009, 34 TexReg 4916; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9193"><num value="380.9193">§380.9193</num><heading>Family Planning Services</heading><content>(a) This rule establishes the role of the Texas Juvenile Justice Department (TJJD) in providing family planning education and services to youth in TJJD-operated residential placements.(b) Family planning education is available to youth in TJJD-operated residential placements by referral to appropriate community agencies.(c) If requested by a youth, family planning services, including contraception, will be made available by referring him/her to appropriate community agencies when the youth is released from TJJD residential placement.(d) TJJD staff act as a liaison with community organizations that provide comprehensive family planning services for TJJD youth.(e) Medical providers paid directly or indirectly by TJJD do not provide contraceptives to TJJD youth as a family planning service.</content><note type="source"><p>Source Note: The provisions of this §380.9193 adopted to be effective December 31, 1996, 21 TexReg 12185; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9195"><num value="380.9195">§380.9195</num><heading>Pregnancy and Abortion</heading><content>(a) Purpose. The purpose of this rule is to establish the agency's role in managing a pregnant youth committed to Texas Youth Commission (TYC). New commitment, recommitment, or revocation of a female in her seventh month of pregnancy is not encouraged by TYC. Committing counties are encouraged to make arrangements for the youth's care until delivery of the child.(b) In recognition of the high-risk nature of adolescent pregnancy and the importance of immediate prenatal care, all female youth receive a pregnancy test on admission to TYC.(c) The agency shall provide regular prenatal and post-natal care to pregnant youth. This care includes medical examinations, appropriate activity levels, safety precautions, and nutrition. If a pregnant youth is determined to be chemically dependent through the assessment process at the time of admission, the youth will receive appropriate care for the high-risk pregnancy in order to manage any medical complications of the youth or her child associated with the addiction.(d) A youth who is committed, recommitted or had parole revoked during pregnancy will be placed appropriate to risk and need as determined by TYC centralized placement. Youth will be provided counseling and assistance in planning for the care of their unborn child after delivery. Youth are not allowed to house their children in TYC operated facilities.(e) Therapeutic measures may be required in instances of imminent or inevitable abortion, incomplete abortion, or missed abortion. Surgical procedures may be required to terminate the pregnancy to preserve life of the mother. Termination will be allowed as a therapeutic measure when necessary; however, a written documentation of need must be provided by two physicians. Written documentation may be provided by the facility physician and an obstetrician or family practitioner.(f) TYC will neither provide funds for nor allow contract medical providers to perform an induced abortion, solely for the purpose of terminating a normal pregnancy, on any female committed to the TYC.(g) Upon request, TYC personnel may direct a youth requesting abortion services to available resources. The youth or youth's parent/guardian will be responsible for arranging appointments and paying for all services related to the abortion.</content><note type="source"><p>Source Note: The provisions of this §380.9195 adopted to be effective December 31, 1996, 21 TexReg 12185; amended to be effective February 20, 1998, 23 TexReg 1115; amended to be effective June 21, 1999, 24 TexReg 4466; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9197"><num value="380.9197">§380.9197</num><heading>HIV/AIDS</heading><content>(a) Purpose. This rule provides for a safe and healthy environment for youth in Texas Juvenile Justice Department (TJJD) residential facilities by offering HIV/AIDS education, testing, and counseling/treatment and by ensuring compliance with confidentiality and reporting laws. Each youth is treated equally, and every youth's right to privacy is respected.(b) Definitions.(1) AIDS--Acquired immune deficiency syndrome, as defined by the Centers for Disease Control and Prevention (CDC).(2) HIV--Human immunodeficiency virus.(3) Test Result--Any statement indicating that an identifiable individual has or has not been tested for HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS. This includes a statement or assertion that the individual is positive, negative, at risk, or has or does not have a certain level of antigen or antibody.(c) Testing.(1) Testing for HIV infection, antibodies to HIV, or infection with any other probable causative agent of AIDS is part of routine laboratory testing performed when a youth is admitted to TJJD and does not require a specific consent form.(2) Youth have the right to refuse HIV testing in writing, including routine HIV testing performed during admission, except as provided by law.(3) HIV testing is not performed routinely as a result of an assault.(4) HIV testing may be performed on a youth only when:(A) the youth is admitted to TJJD;(B) the testing is requested by the youth and/or the testing is performed with the youth's consent after his/her admission to TJJD;(C) the testing is compelled by a Texas Department of State Health Services (DSHS) order or court order following a request made by TJJD staff in accordance with §81.050 of the Texas Health and Safety Code;(D) the testing is compelled by a court order following a request made by TJJD staff in accordance with Article 18.22 of the Texas Code of Criminal Procedure; and/or(E) the testing is directed by a warrant obtained by the TJJD Office of Inspector General or other law enforcement entity.(5) Blood may be collected for HIV testing only by nurses, medical providers, or DSHS or its local testing designee.(6) Post-test counseling is provided for youth with positive HIV test results. Pre-test counseling is provided for any HIV test conducted after admission to TJJD.(d) Confidentiality.(1) HIV test results or a youth's HIV/AIDS status are confidential and may be released or disclosed only by health care staff and only to:(A) the TJJD medical director;(B) the TJJD director of nursing;(C) a physician, nurse, or other health care personnel who has a legitimate need to know the information to provide for the youth's health and welfare;(D) the youth's parent/guardian if the youth is under 18 years of age or with the youth's consent if the youth is at least 18 years of age;(E) any person designated on a signed release from the youth or the youth's parent/guardian, as appropriate. The written consent must state that HIV test results are to be released; or(F) any person with a right pursuant to law to obtain the information.(2) TJJD staff who request testing in accordance with §81.050 of the Texas Health and Safety Code or Article 18.22 of the Texas Code of Criminal Procedure have a right to receive the test results from the entity specified in the applicable statute.(e) Reporting. As required by state law, TJJD reports any AIDS cases or the HIV-positive status of a youth diagnosed by a physician in accordance with CDC standards to the appropriate DSHS authority through the facility medical provider.(f) Housing. HIV-positive youth are not segregated from the general population based solely on positive HIV status. Housing assignments are made in accordance with §380.8524 of this title.(g) Treatment. HIV-positive youth are referred immediately to appropriate health care facilities or specialists for further evaluation, treatment, and counseling.(h) Access to Services. Youth in TJJD facilities are not denied equal access to appropriate medical services because of their HIV/AIDS status.(i) Education.(1) TJJD provides educational information to youth regarding HIV/AIDS as follows.(A) All youth participate in an educational session when admitted to TJJD.(B) Education may continue as part of the academic program.(C) Medical staff educate youth as indicated and/or as requested.(2) HIV/AIDS education for youth is based upon current, accurate, scientific information provided by officially recognized authorities on public health. Information is communicated in a manner that youth comprehend and that is sensitive to cultural and other differences.(3) Educational programs address topics including, but not limited to:(A) disease and disease process;(B) signs and symptoms;(C) modes of HIV transmission, including high-risk and criminal behaviors that are potential risks for HIV transmission during confinement and after release;(D) methods of preventing HIV transmission; and(E) confidentiality of medical information and the civil and criminal penalties for failing to comply.(j) Training.(1) All TJJD direct-care staff members receive training initially during orientation and annually thereafter.(2) Staff at TJJD district offices and Central Office receive educational information annually.</content><note type="source"><p>Source Note: The provisions of this §380.9197 adopted to be effective January 15, 2011, 36 TexReg 55; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2015, 40 TexReg 1976; amended to be effective December 1, 2016, 41 TexReg 8630.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scC/s380.9198"><num value="380.9198">§380.9198</num><heading>Four-Point Restraints for Medical and Mental Health Purposes</heading><content>(a) Purpose. This rule establishes the criteria, procedures, and limitations for use of four-point restraints when used for medical or mental health purposes.(b) Applicability.(1) This rule applies to all residential facilities operated by the Texas Juvenile Justice Department (TJJD) that are authorized to administer four-point restraints.(2) This rule applies only to four-point mechanical restraints. For all other types of restraint used for medical or mental health purposes, provisions of §380.9723 of this title apply.(c) Additional References. For criteria on administering a psychotropic drug in a psychiatric emergency when a youth will not give consent for the administration, see §380.9192 of this title.(d) Definitions. For definitions of terms used in this section, see §380.9175 of this title.(e) General Provisions.(1) Four-point restraints may only be used for medical or mental health purposes as described by this rule. Four-point restraints may not be used for any other purpose.(2) Restraint equipment used for medical or mental health purposes must be used only in a manner consistent with its intended design and purpose.(3) Only restraint equipment approved by the executive director or designee may be used in TJJD facilities.(4) TJJD staff who will participate in the application of four-point restraints or monitoring, managing, or approving the restraint must receive special training and may not participate in its implementation until the training has been received. The training will include proper use and application of restraint devices and applicable TJJD policies and guidelines regarding the implementation, documentation, and possible continuation of the restraint.(5) If facility resources are not sufficient to support the procedural requirements specified in this rule, four-point restraints must not be used.(6) A medical provider must be consulted prior to placing a youth in a four-point restraint device if the youth is pregnant or has a seizure disorder or any other medical condition that contraindicates such restraint.(7) The facility administrator or designee must ensure that the parent/guardian of a youth placed in a four-point restraint is notified within 24 hours after the restraint is initiated.(f) Four-Point Restraints for Medical Purposes.(1) Authorized Facilities.Four-point medical restraints are authorized only at high restriction facilities that:(A) operate an on-site infirmary; and(B) have been authorized by the executive director or designee to administer four-point restraints.(2) Criteria for Use. Medical restraints may be used only to administer medical treatment to a resistant youth when failure to administer the treatment could have serious health implications as determined by a physician or mid-level practitioner (such as a nurse practitioner or physician assistant).(3) Authorization for Use.(A) Only a medical provider may order a medical restraint. The order must be based upon a determination that:(i) all appropriate, less restrictive interventions have proved unsuccessful in controlling the youth's behavior to a degree that would allow the medical treatment to be administered; and(ii) transfer to a local emergency room or other appropriate facility is not immediately feasible.(B) An order for medical restraint must specify the type of restraint to be used, duration of the restraint, any special instructions, and justification for the restraint.(C) Prior to the expiration of the first hour, a registered nurse must contact the medical provider to develop a treatment plan, if the restraint is still needed. The treatment plan must include transfer to a local emergency room or other appropriate facility if the need for restraint exceeds one hour.(4) Procedural Requirements.(A) A medical provider or nurse must be present during the application of restraints.(B) Youth are provided:(i) 15-minute checks by healthcare staff to assess the youth's condition, including circulation, position, and open airway. Such checks must be documented in the youth's medical record;(ii) range-of-motion exercises performed by a nurse at least every 30 minutes for a period of at least five minutes;(iii) regularly scheduled meals and drinks;(iv) continuous visual supervision by staff; and(v) opportunities for elimination of bodily waste as needed.(C) A medical restraint must be terminated upon a determination by the medical provider that the youth's behavior no longer justifies application of medical restraints or expiration of the provider's order, whichever occurs first.(g) Four-Point Restraints for Mental Health Purposes.(1) Authorized Facilities. Four-point mental health restraints are authorized only at facilities designated by the executive director or designee.(2) Criteria for Use.(A) Four-point restraints for mental health purposes are authorized for use only when the restraint is necessary to prevent serious self-injury and all appropriate, less restrictive interventions have proven unsuccessful in controlling the youth's self-injurious behavior, as determined by a designated mental health professional or a psychiatric provider.(B) The restraint must be terminated as soon as the youth's behavior indicates the threat of imminent self-injury is absent, as determined by a designated mental health professional or psychiatric provider.(3) Authorization to Initiate and Continue Restraint.(A) Only a designated mental health professional or a psychiatric provider may authorize the initiation of a mental health restraint.(B) At least one staff member trained specifically in mental health restraint techniques must be involved in the application of the restraint. If at least one trained staff member is not available, the restraint may not be used.(C) Before the end of the first hour of restraint, the designated mental health professional or psychiatric provider must determine whether to continue the restraint.(D) Before the end of the second hour of restraint:(i) a mental health professional must conduct a face-to-face assessment of the youth; and(ii) the designated mental health professional or psychiatric provider must determine whether to continue the restraint.(E) Before the end of the fourth hour of restraint and at least once every four hours thereafter:(i) a mental health professional must conduct a face-to-face assessment of the youth;(ii) the designated mental health professional and psychiatric provider must be notified of the youth's status; and(iii) the designated mental health professional or psychiatric provider must determine whether to continue the restraint.(F) No order or approval for mental health restraint may be in force for longer than eight hours without consultation with a psychiatric provider.(G) No order or approval for mental health restraint may be in force for longer than 12 hours without:(i) direct observation of the youth by the designated mental health professional;(ii) a written order to extend the restraint from the psychiatric provider; and(iii) written instructions from the designated mental health professional regarding continued assessments and monitoring.(4) Procedural Requirements.(A) A specially trained, on-site staff member must manage the entire restraint incident. Duties of this staff member include:(i) ensuring policy and procedure are followed;(ii) notifying the designated mental health professional or psychiatric provider of any significant changes in the youth's behavior;(iii) ensuring required documentation and notifications are completed; and(iv) assigning one or more staff members to:(I) provide continuous supervision of the youth for the duration of the incident;(II) document the youth's behavior and emotional state; and(III) facilitate communication between all staff members involved in the restraint.(B) Staff must ensure the youth's personal dignity by providing a protected environment and as much privacy as possible.(C) Youth must be provided:(i) regular checks, performed by a nurse, of the youth's physical condition and placement of the restraints, along with an assessment of circulation, position, and open airway at least every 15 minutes;(ii) opportunity for range of motion exercises at least every 30 minutes for a period of at least five minutes by trained staff;(iii) regularly scheduled meals and drinks;(iv) opportunity for elimination of bodily waste at least once every two hours; and(v) continuous visual supervision by staff.(D) The designated mental health professional, in consultation with a psychiatric provider if indicated, must develop a detailed plan for clinical follow-up, which may include referral to a TJJD stabilization unit or state hospital if the youth meets criteria in §380.8767 or §380.8769 of this title.</content><note type="source"><p>Source Note: The provisions of this §380.9198 adopted to be effective September 1, 2009, 34 TexReg 5551; amended to be effective November 1, 2011, 36 TexReg 7352; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2139; amended to be effective April 15, 2015, 40 TexReg 1976.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scD"><num value="D">SUBCHAPTER D</num><heading>YOUTH RIGHTS AND REMEDIES</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9301"><num value="380.9301">§380.9301</num><heading>Basic Youth Rights</heading><content>(a) Purpose. This rule establishes certain basic rights that are recognized for each youth in the Texas Juvenile Justice Department (TJJD). The basic rights accorded each TJJD youth are not absolute and may be limited to the extent reasonably necessary for TJJD to discharge its statutory responsibilities with respect to public protection, treatment, care, and supervision.(b) General Provisions. Each youth committed to the care and custody of TJJD is accorded certain basic rights. If a youth feels that TJJD has violated one or more of his/her basic rights or in some way has treated him/her unfairly, abusively, or neglectfully, the youth may initiate action to remedy the situation, and staff must assist youth in doing so.(c) Right to Equal Treatment. Youth have the right not to be discriminated against because of race, sex, language, national origin, disabilities, sexual orientation, gender identity, religion, or personal opinions.(d) Right of Free Speech and Expression.(1) Youth have the right to express themselves freely except when:(A) their expressions interfere with the safe and orderly operation of the program; or(B) totally free expression would be inappropriate due to the unique vulnerability of youth to improper influences.(2) Youth who speak languages other than English are allowed to speak those languages at any time, except:(A) during classroom discussions, group counseling sessions, and other organized activities unless the youth is limited English proficient and has been approved to use a translator; or(B) when a staff member has reasonable cause to believe, based on reliable evidence, that the non-English communication poses a direct threat to the safety of others or to facility security and order.(e) Right of Religious Freedom. Youth have the right to participate in religious activities. TJJD may not compel youth to participate in any religious activity.(f) Right to Personal Possessions. Youth have the right to keep and use personal possessions that do not endanger the safety of staff and youth, disrupt programs and activities, encourage delinquent subcultural values, or appeal to the unique vulnerability of youth to improper influences. Youth may not possess contraband as defined by §380.9107 of this title. TJJD may also limit a youth's personal possessions based on:(1) risk to facility safety (e.g., danger to self or others, fire hazards); or(2) risk to sanitary living conditions; or(3) the youth's progress in the agency's rehabilitation program; or(4) the amount of space allotted to each youth. The amount of space provided to each youth is dependent on local issues such as the configuration of the dorm. Excess items are returned to the youth's family.(g) Right to Receive Visitors. Youth have the right to receive visitors, including but not limited to private in-person communication with parents. See §380.9312 of this title for more information on visitation.(h) Right of Access to Mail and Telephone. Youth have the right to correspond freely through the mail, subject to certain limitations described in §380.9315. Youth are provided access to telephones to the extent possible within plant limitations, with equal opportunities for telephone use being provided to all residents within a facility. Youth have access to a telephone in the event of an emergency. See §380.9313 of this title for more information on telephone use.(i) Right to Earnings and Monetary Gifts. TJJD may limit the amount of money in a youth's personal possession but may not withdraw money from a trust fund without the youth's consent.(j) Right to Protection from Physical and Psychological Harm. Youth have the right to be protected from physical and psychological harm. They have the right to adequate food, clothing, and shelter, and may not be deprived of food or sleep in the interests of treatment or discipline. Youth may not be administered tranquilizers or other drugs in the interest of discipline or order. Purposeless or degrading work is prohibited.(k) Right to Medical and Dental Care. Youth have the right to basic and necessary medical and dental care, both routine and emergency. See §380.9183 of this title for more information on medical and dental care.(l) Right of Access to Attorneys. Youth have the right to confer with their attorneys in private, with appropriate restrictions on the time and place of meeting. See §380.9311 of this title for more information on access to attorneys.(m) Right to be Informed. Youth have the right to be informed of all rights, policies, procedures, and rules affecting them while in the custody of TJJD.(n) Right to Accuracy and Fairness in Decision Making. Youth have the right to expect accuracy and fairness in all decisions made concerning them. The degree of procedural protection afforded a youth must be consistent with the requirements of due process of law, including the right to appeal any decision made by staff concerning the youth.(o) Right to Confidentiality of Records. Youth have the right to expect that their records will not be released to anyone other than those authorized by law to have access to them.(p) Right to Express Grievances and Appeal Decisions. Youth have the right, without fear of reprisal, to have access to a prompt and fair method of resolving grievances. See §380.9331 of this title for more information on the youth grievance system.</content><note type="source"><p>Source Note: The provisions of this §380.9301 adopted to be effective December 31, 1996, 21 TexReg 12187; amended to be effective February 1, 1999, 24 TexReg 588; amended to be effective December 16, 1999, 24 TexReg 10373; amended to be effective February 17, 2003, 28 TexReg 1395; amended to be effective April 27, 2003, 28 TexReg 3523; amended to be effective December 14, 2003, 28 TexReg 11105; amended to be effective September 21, 2005, 30 TexReg 5957; amended to be effective January 17, 2006, 31 TexReg 173; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9311"><num value="380.9311">§380.9311</num><heading>Access to Attorneys and Courts</heading><content>(a) Purpose. The purpose of this policy is to provide for youth access to any attorney or court through the use of mail, telephone, and visitation.(b) Telephone.(1) Liberal but reasonable time limits are placed on calls to attorneys, attorneys' staff, and court staff.(2) Youth have the right to confidential communication with their attorneys, attorneys' staff, and court staff. Calls to attorneys, attorneys' staff, and court staff are made using TJJD staff telephones and are not charged against any pre-paid minutes allotted to the youth or purchased on behalf of the youth.(3) Calls from attorneys, attorneys' staff, or court staff may interrupt regular program activities including school, group meetings, and work duties when necessary.(4) Youth may receive incoming calls from attorneys, attorneys' staff, or court staff at any time during the day. When youth are unable to come to the telephone, messages are taken.(c) Mail. Youth are provided an unlimited number of stamps and writing material for use in contacting attorneys, attorneys' staff, or court staff.(d) Visitation.(1) Youth may receive visits from their attorneys, including their attorneys' staff, any day of the week at any time between 8:00 a.m. and 5:00 p.m. and after 5:00 p.m. if reasonable arrangements can be made.(2) Youth are provided confidential visitation with their attorneys and their attorneys' staff.(3) Youth may decline to visit with their attorneys or their attorneys' staff.</content><note type="source"><p>Source Note: The provisions of this §380.9311 adopted to be effective December 31, 1996, 21 TexReg 12187; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9312"><num value="380.9312">§380.9312</num><heading>Visitation</heading><content>(a) Purpose. The purpose of this rule is to promote and foster communication and contact between Texas Juvenile Justice Department (TJJD) youth and their parents/guardians, immediate family members, and other positive individuals in their lives.(b) Applicability.(1) This rule applies to all residential facilities operated by TJJD.(2) This rule does not apply to visits from:(A) attorneys or their staff (see §380.9311 of this title);(B) personal clergy (see §380.9317 of this title); or(C) registered volunteers who are visiting a youth as part of their specific volunteer assignment (see §385.8145 and §385.8181 of this title).(c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Immediate Family Member--parent, step-parent, legal guardian, sibling, step-sibling, child, spouse, aunt, uncle, or grandparent of a youth in TJJD custody.(2) Non-Eligible Visitor--includes only the following individuals:(A) a former or current TJJD youth, except if a former TJJD youth is an immediate family member;(B) a parent whose parental rights have been terminated by a court, but only if the youth the parent is seeking to visit is under age 18;(C) any person who is restricted from contact with a TJJD youth by a valid court order;(D) any former or current TJJD employee, unless the former or current TJJD employee is an immediate family member of the youth, is otherwise authorized to visit the youth, or is approved by the chief local administrator (CLA);(E) any person who is not an immediate family member and who is under age 18, unless approved by the CLA;(F) any person with an outstanding warrant for a felony or misdemeanor offense; and(G) any person who is not an immediate family member and who is required to register as a sex offender, unless authorization for the visitation is obtained from the executive director or his/her designee.(d) General Provisions.(1) All TJJD youth, regardless of program placement, are allowed to receive visitors.(2) Except for parents and guardians who wish to visit a youth during the youth's initial placement at the orientation and assessment facility, only persons whose names are on a youth's approved visitor list are permitted to visit that youth.(3) A person wishing to be placed on a youth's approved visitor list must submit a completed visitor application and obtain prior approval to visit with the youth.(4) TJJD conducts background and criminal history checks prior to placing a person on the youth's approved visitor list.(A) TJJD does not release or disclose confidential criminal history record information except on court order or with the consent of the person who is the subject of the criminal history record information.(B) Criminal records obtained under this rule are destroyed after completion of the visitation approval decision. However, if visitation is denied or limited based in part on a review of criminal history, TJJD retains the criminal history record information of the person for whom access is denied or limited until the youth the person is seeking to visit is released from TJJD.(5) An approved visitor under the age of 18 must be accompanied by:(A) his/her parent or guardian; or(B) if the visitor is the child of a TJJD youth, an approved visitor who is age 18 or older.(e) Denial of Visitation.(1) TJJD may deny placing a person's name on a youth's approved visitor list only if:(A) the person is a non-eligible visitor; or(B) TJJD has denied visitation for any of the reasons listed in paragraph (2) of this subsection.(2) TJJD may deny visitation if:(A) evidence exists that the person has:(i) passed contraband to a youth or staff member that constitutes a violation of law or creates a safety or security risk;(ii) aided a youth in an escape or attempted escape;(iii) provided false information or failed to provide accurate information to staff with regard to visitation;(iv) engaged in disruption of visitation similar to examples listed in subsection (h) of this section. The severity of the incident is a factor in determining the length of time visitation may be denied;(B) the person was victimized by the youth and the manager of clinical services has determined that visitation would be harmful to the person;(C) there is reasonable cause to believe the person would pose a risk to the safety or security of the facility or interfere with a youth's treatment, rehabilitation, or successful reestablishment in the community;(D) the person is required to register as a sex offender under Chapter 62 of the Texas Code of Criminal Procedure; or(E) the person has the following criminal history:(i) a conviction, deferred adjudication, or juvenile adjudication for a felony within the past ten years;(ii) current probation or parole; or(iii) a conviction, deferred adjudication, or juvenile adjudication for a jailable misdemeanor within the past five years.(3) To determine whether to approve or deny visitation based on criminal history, TJJD takes into consideration the nature and extent of the criminal record and the time elapsed since the criminal activity.(4) TJJD may not deny visitation for an immediate family member based solely on a review of criminal history record information.(5) Only the division director over residential services or his/her designee may deny visitation.(6) If TJJD denies placing a person's name on a youth's approved visitor list, TJJD must provide written notice to the person and the youth. The notice must include the reason for the denial and an explanation of the right to file a grievance to appeal the decision.(f) Visitation Scheduling.(1) Visitation Days. Visitation days are, at a minimum, each Saturday and Sunday and major holidays.(2) Visitation Hours. The facility must provide two eight-hour visitation days per week. The facility may provide extended visitation hours, as designated by the CLA or designee.(3) Length of Visitation.(A) Youth Not Assigned to the Security Unit. Visitation for youth not assigned to the security unit is at least two hours per each visitation, if behavior permits.(B) Youth Assigned to the Security Unit. Visitation for youth assigned to the security unit is at least one hour per each visitation, if behavior permits.(4) Number of Visitors. There is no limit to the number of visitors per visitation. However, a youth is allowed only two face-to-face contact visitors at any one time during each visitation, unless the CLA or designee grants an increase in the number of face-to-face contact visitors for the visitation period.(g) Conditions of Visitation.(1) Location.(A) Adequate space is provided for visitation. Outdoor visitation may be allowed if safety and weather permit.(B) Visitation for youth housed in a security unit occurs in the security unit. For visitation in a security unit, the CLA or designee may limit approved visitors to parents/guardians and grandparents.(2) Private Parental Visitation. Parents have the right to private, in-person communication with their child for reasonable periods of time. The time, place, and conditions of the private, in-person communication may be regulated only to prevent disruption of scheduled activities and to maintain the safety and security of the facility.(A) Private, in-person communication means communication between a parent and his/her child in a location where conversation cannot be overheard by staff.(B) Parents desiring to have private, in-person communication with their child are expected to make the request at least 24 hours before the visitation. Requests not made within 24 hours are accommodated if possible.(3) Special Visitation. Special visitation is provided at times that may vary from the regular visitation schedule to accommodate visitors with special circumstances including, but not limited to:(A) long-distance travel requirements;(B) parent work schedules that preclude visiting during normal hours; or(C) bereavement.(4) Contact Visitation. Visitors are allowed to hug the youth at the beginning and end of the visit.(5) Dress Code. Visitors must abide by the following dress code:(A) no shorts (an exception is made for visitors under age 13);(B) no open-toed shoes;(C) no miniskirts, see-through or sleeveless clothing, tops that expose the midriff, or any other clothing for visitors age 13 or older that is determined by staff to be too revealing, too short, or otherwise inappropriate;(D) suggestive, offensive, or derogatory body art must be covered (to the extent practical); and(E) no clothing depicting drugs, sex, gang culture, obscene language, or disrespect to other persons or ethnicities.(h) Removal From Visitation.(1) TJJD will require the visitor to leave the facility and TJJD may notify local law enforcement if:(A) the visitor appears to be under the influence of drugs or alcohol;(B) the visitor refuses to cooperate;(C) the visitor creates a disturbance;(D) the visitor is hostile to the point of disruption; or(E) evidence exists that the visitor has passed contraband to a youth or staff member or aided a youth in an escape or attempted escape.(2) If local law enforcement is notified, any further action will be at the discretion of the local law enforcement.(i) Denial of Visitation for TJJD Youth. Youth may be denied a scheduled visit if there is a compelling risk to the safety of other youth or visitors or the security of the facility, including circumstances in which the youth is:(1) out of control and it is unsafe to allow visitation;(2) assaultive or threatens to engage in assaultive conduct during visitation; or(3) engaging in misconduct during visitation.(j) Denial of Visitation for TJJD Facility or Housing Unit.(1) If a dorm is on a temporary schedule restriction, youth are allowed visitation unless youth individually meet criteria for denial of visitation.(2) Denial of visitation for an entire housing unit or facility due to unrest or any other extraordinary situation must be approved by the division director over residential facilities or his/her designee.(k) Refusal of Visitation. Youth may refuse to receive visitors.(l) Staff Availability During Visitation. Staff members must be available to answer visitors' questions and address concerns during visitation hours.(m) Publication of Visitation Rules. The facility must post the visitation rules in English and Spanish on a central bulletin board and assist other non-English speaking individuals to understand posted rules, as needed. The visitation rules must:(1) address all pertinent issues including, but not limited to, visitation days and hours, required identification, visitor dress code, prohibited contraband, items authorized in visitation area, and expected demeanor of visitors; and(2) be sent with the admission letter to each youth's parents or legal guardian.(n) Grievance and Complaint Process.(1) Visitation Grievances. Grievances by immediate family members or youth with regard to visitation are filed under §380.9331 of this title.(2) Public Complaints. Complaints by members of the public with regard to visitation are filed under §385.8111 of this title.(o) Check-In Process.(1) Registration. All visitors must register upon entry to a facility.(2) Identification.(A) Adult visitors must produce valid picture identification for themselves and accompanying visitors age 13 or older. Acceptable picture identification includes:(i) valid state driver's license;(ii) state-issued identification card;(iii) current military identification;(iv) school-issued identification card;(v) other official picture identification; or(vi) a TJJD volunteer identification badge.(B) Visitors age 13 or older are issued a temporary identification badge.(3) Prohibited Items. Items brought onto agency property may be limited and regulated by TJJD. Visitors are allowed to bring in only the items listed in this paragraph unless the control center posts a list of additional items allowed. The additional items must be approved by the CLA. Visitors are allowed to bring:(A) identification;(B) a bottle and diaper-changing items (for visitors with infants); and(C) up to ten dollars in coins, if vending machines are available. TJJD youth are not permitted to handle the money.(4) Searches.(A) All individuals, vehicles, and items entering the facility are subject to search. For more information regarding entry searches, see §380.9710 of this title.(B) Parking lots are subject to inspection by TJJD's canine (K-9) teams. Law enforcement may be notified when necessary. See §380.9713 of this title for more information regarding inspections of parking lots.(C) In facilities equipped with metal detectors, visitors must declare at the control center all metal items on their person and must successfully pass through the metal detector. Visitors refusing or failing to pass successfully through a metal detector are denied access.(D) Visitors' refusal to submit to a search of their person or personal property may be considered legitimate grounds for denying access to the facility.(p) Individual Exceptions. The executive director may make exceptions to the provisions of this rule on a case-by-case basis or in emergency situations.</content><note type="source"><p>Source Note: The provisions of this §380.9312 adopted to be effective September 21, 2005, 30 TexReg 5957; amended to be effective November 15, 2011, 36 TexReg 7565; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5436; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9313"><num value="380.9313">§380.9313</num><heading>Use of Telephone</heading><content>(a) Purpose. This rule provides Texas Juvenile Justice Department (TJJD) youth with reasonable access and equal opportunity within a facility to use the telephone for purposes of contacting:(1) their families;(2) the Incident Reporting Center maintained by the TJJD Office of Inspector General for purposes of reporting information concerning abuse, neglect, and exploitation; and(3) the Office of the Independent Ombudsman for TJJD.(b) Applicability. This rule does not apply to calls to attorneys. For additional information on telephone calls to attorneys and courts, see §380.9311 of this title.(c) General Provisions. Use of the phone is a basic right of youth in the TJJD system. For additional information on basic rights of youth in the TJJD system, see §380.9301 of this title.(d) Non-Emergency Calls. TJJD provides a specific number of prepaid minutes for youth to make a reasonable number of calls each month. Calls are restricted to the youth's parents, guardian, immediate family members as defined in §380.9312 of this title, and approved volunteers. Times are scheduled throughout each week and weekend to provide youth with access to telephones for this purpose. Additional prepaid minutes can be purchased.(e) Emergency Calls.(1) Family Emergencies. TJJD is responsible for the cost of calls by or on behalf of the youth in cases of family emergencies as approved by the case manager. Family emergency calls are not made using prepaid minutes. All family emergency calls are to be placed on a TJJD staff member's telephone.(2) Calls to the Incident Reporting Center or the Office of the Independent Ombudsman.(A) Calls placed to the Incident Reporting Center or the Office of the Independent Ombudsman do not count against a youth's prepaid minutes.(B) For calls to the Incident Reporting Center or the Office of the Independent Ombudsman, TJJD allows access to the telephone whenever possible, limited only by consideration for facility order and the safety of youth and staff. TJJD staff may require youth to wait until the end of the currently scheduled activity before placing a telephone call.(f) Recorded Phone Calls. All calls made on the youth phone system under this rule are subject to being recorded unless made confidential or privileged by a TJJD rule or statute. During the initial orientation to TJJD and during all subsequent placement orientations, youth are informed that all calls on the youth phone system are subject to being recorded. Recorded phone calls may be accessed only by the appropriately designated staff members.</content><note type="source"><p>Source Note: The provisions of this §380.9313 adopted to be effective December 31, 1996, 21 TexReg 12187; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 20, 2019, 44 TexReg 2463.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9315"><num value="380.9315">§380.9315</num><heading>Youth Mail</heading><content>(a) Purpose. The purpose of this policy is to promote open mail communication for youth in residential facilities and to establish limitations on youth mail only as necessary to provide for safety and security and to prevent the introduction of contraband.(b) Applicability. This rule applies only to youth in residential facilities operated by the Texas Juvenile Justice Department (TJJD).(c) Definitions. As used in this rule, the following terms have the following meanings.(1) Contraband--Has the meaning assigned by §380.9107 of this title.(2) Family Member--Father, mother, sibling, step-relationship to any of the preceding, grandparent, or spouse. Family member may also include other relatives as approved by the executive director or designee on a case-by-case basis.(3) General Correspondence--Written correspondence, other than special or legal correspondence, that is addressed to or from a youth and that is deposited for delivery in a regular postal service. General correspondence also includes any other item contained in the envelope or package.(4) Legal Correspondence--Correspondence mailed directly from or to:(A) an attorney representing the youth or from whom the youth is seeking representation (includes an attorney on a civil or criminal case);(B) a court; or(C) a legal organization.(5) Special Correspondence--Correspondence mailed directly from or to the following persons:(A) TJJD board members, TJJD administrators, employees of the TJJD Office of Inspector General, or other TJJD investigators;(B) employees of the Office of the Independent Ombudsman for TJJD;(C) government officials, including elected officials, law enforcement officials, and staff at embassies and consulates; or(D) a member of the editorial or reporting staff of any newspaper, magazine, radio station, or television station listed in a major media directory.(d) General Provisions.(1) Youth have the right to communicate through the mail with persons or organizations subject only to limitations established by this policy.(2) Money sent by mail to a youth is handled in accordance with §380.9931 of this title.(3) Youth may receive magazines or other publications that are not considered contraband.(4) All mail is inspected for contraband.(A) Incoming general correspondence is opened and inspected for contraband outside the youth's presence. Outgoing general correspondence is inspected for contraband prior to sealing.(B) Incoming special and legal correspondence is opened and inspected for contraband in the youth's presence. Outgoing special and legal correspondence is inspected for contraband in the youth's presence prior to sealing.(5) Legal and special correspondence is not read unless it contains contraband and is used as evidence.(6) Incoming and outgoing general correspondence may be read outside the youth's presence.(7) General and special correspondence that is abandoned following a youth's unauthorized departure may be read to aid in the youth's apprehension.(8) Mail may not be withheld or otherwise censored unless the mail:(A) contains contraband;(B) refers to past criminal acts that have not been adjudicated or dismissed;(C) refers to ongoing or future criminal acts;(D) presents a direct threat the safety or security of the facility or youth;(E) is sent to or received from a person on the prohibited mail list, as described in subsection (g) of this section; or(F) is received from a person who has been issued a notice of stopped mail, as described in subsection (h) of this section.(9) Outgoing youth mail must have a return address listing:(A) the youth's name and TJJD number;(B) Texas Juvenile Justice Department; and(C) the name and address of the youth's current facility.(e) Mail Containing Contraband or References to Criminal Acts. If mail contains contraband or refers to a criminal act, the entire package or letter and all its contents are seized.(1) If the mail will be used as evidence, TJJD staff members follow established chain-of-custody procedures.(2) If the mail will not be used as evidence, any contraband is removed and the mail is delivered, unless another provision of this policy limits or prohibits delivery of the mail.(3) Any contraband is disposed of in accordance with §380.9711 of this title.(f) Mail That Presents a Direct Threat. If mail presents a direct threat to the safety or security of the facility or youth, censorship of the mail may include, but is not limited to, withholding delivery of the mail.(g) Prohibited Mail.(1) Youth are prohibited from corresponding with:(A) a person who objects to receiving mail from the youth;(B) a minor whose parent or guardian has objected to the correspondence;(C) a person who has been identified by the youth's parent or guardian as someone who should not correspond with the youth, unless that other person is a family member, legal correspondent, or special correspondent (this provision applies only to TJJD youth under age 18);(D) an inmate of a jail or prison, unless the inmate is a family member;(E) a youth under TJJD jurisdiction, unless the youth is a family member; or(F) anyone, including victims, whom the youth is prohibited from contacting as a result of a court order.(2) The executive director or designee may make exceptions on a case-by-case basis regarding individuals permitted to correspond with youth, based on whether it is in the youth's best interests to correspond with the individual.(3) Incoming mail from a person listed in paragraph (1) of this subsection will be returned to the sender if a return address is present or returned to the post office as undeliverable if a return address is not present, unless another provision of this policy limits or prohibits the return of the mail.(4) Outgoing mail to a person listed in paragraph (1) of this subsection will be returned to the youth, unless another provision of this policy limits or prohibits the return of the mail.(h) Stopped Mail.(1) The executive director or designee may issue a notice of stopped mail when a person who is eligible to correspond with a youth attempts to:(A) send contraband to a youth that would be a violation of law or that creates a safety or security risk; or(B) send mail that presents a threat to the safety or security of the facility or youth.(2) When a notice of stopped mail has been issued:(A) all future mail from the sender will be returned, regardless of content; and(B) the youth is provided a copy of the notice.(3) The notice of stopped mail must specify a time period of up to six months, after which the person may resume correspondence with the youth.(i) Review Procedures for Returned Mail, Withheld Mail, and Stopped Mail.(1) Youth must be notified in writing of incoming mail that is returned to the sender, outgoing mail that is not deposited for delivery, and any mail that is withheld. The notice must describe the mail and the reason(s) it was not delivered in sufficient detail to permit effective use of the youth grievance process.(2) Senders of incoming mail that is returned or withheld must be notified of the action in writing and may request the reason(s) the mail was not delivered. TJJD writes or stamps on the envelope the reason for any returned mail or the telephone number to contact for this information.(3) A youth or a person corresponding with a youth who has had his/her mail returned or withheld or who received a notice of stopped mail may request a review of the action by filing a grievance under §380.9331 of this title.(j) Postage and Time of Delivery.(1) There is no limit on the number or length of incoming or outgoing letters. TJJD provides each youth with postage and stationery for at least three one-ounce domestic letters per week. Additional postage and stationery are provided for letters to attorneys or courts, as needed.(2) Delivery of incoming and outgoing mail may not be delayed any longer than is reasonably necessary to accomplish the purposes established by this policy.(3) First-class letters and packages are forwarded to:(A) a youth's assigned placement following the youth's transfer, transition, or release; or(B) a youth's address on file following the youth's discharge.</content><note type="source"><p>Source Note: The provisions of this §380.9315 adopted to be effective July 1, 2019, 44 TexReg 2849.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9317"><num value="380.9317">§380.9317</num><heading>Visitation with Personal Clergy</heading><content>(a) Purpose. The purpose of this rule is to provide youth with privileged access to their personal clergy.(b) Visitation.(1) A personal clergy member is someone from a recognized faith group who has an established, professional relationship with a youth and/or the youth's family prior to the youth's admission to the Texas Juvenile Justice Department (TJJD).(2) TJJD approves the clergy member's registration to visit after his/her religious affiliation and relationship to the youth are verified.(3) Youth may receive visits from their personal clergy member any day of the week after reasonable arrangements have been made.(4) TJJD provides adequate space and supervision for the visit. TJJD ensures the space allows the youth to have confidential conversation with his/her personal clergy, but correctional staff maintain line-of-sight supervision.(5) The personal clergy member is only allowed to visit the youth with whom he/she has an established professional relationship.(6) A youth may decline a visit with a personal clergy member. The parent/guardian of a youth under age 18 may prohibit a visit between his/her child and a personal clergy member.</content><note type="source"><p>Source Note: The provisions of this §380.9317 adopted to be effective September 25, 2000, 25 TexReg 9224; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5439.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9331"><num value="380.9331">§380.9331</num><heading>Youth Grievance System</heading><content>(a) Policy.(1) Youth, parents/guardians of youth, and youth advocates have a right to file grievances concerning the care, treatment, services, or conditions provided for youth under the jurisdiction of the Texas Juvenile Justice Department (TJJD). TJJD resolves grievances in a prompt, fair, and thorough manner; however, grievances alleging criminal violations or abuse, neglect, and exploitation are referred to law enforcement for investigation and disposition.(2) TJJD recognizes that informal discussions between staff and youth are a key element in resolving issues or concerns at the earliest stage and contribute to a positive facility culture. TJJD makes staff available to meet with youth whenever possible, limited only by consideration for facility order and the safety of youth and staff.(b) General Rules.(1) Except as noted in paragraph (2) of this subsection, there is no limitation on the number or subject matter of grievances a person is permitted to file.(2) Appeals of decisions made in TJJD due process hearings or by the Release Review Panel (RRP) are not addressed through the grievance system.(A) See Subchapter E, Division 2 of this chapter for appeals of due process hearings; and(B) See §380.8557 of this title for requests for reconsideration of RRP decisions.(3) Each residential facility and parole office provides a time, place, and manner in which youth, parents/guardians, or youth advocates may file grievances. A staff member is available to provide assistance in writing and filing grievances to individuals with disabilities who request accommodations in order to access the youth grievance system.(4) In residential facilities, reasonable restrictions may be imposed on the time, place, and manner of submission of grievances filed by youth to preserve order and maintain attention during instructional or treatment activities.(5) Retaliation or interference by staff concerning the filing or resolution of grievances is not tolerated and is grounds for disciplinary action up to and including termination of employment.(6) To the extent possible, grievances remain confidential. The identity of a person filing a grievance is not shared with staff members other than those necessary to resolve the grievance. Youth files do not contain any reference to the filing of grievances.(7) Youth are informed of the system for filing and resolving grievances upon arrival at each placement. Notices containing information on the grievance system are posted in English and Spanish in visible areas throughout residential facilities and parole offices. Parents/guardians are provided information on the grievance resolution system and local contact information upon a child's admission to TJJD and each subsequent placement.(8) Persons with limited English proficiency may file grievances in languages other than English.(9) TJJD provides confirmation of receipt, including a tracking number, to grievants having the legal right to access confidential youth information.(10) Upon written request, a parent/guardian of a youth under 18 years of age will be provided with a summary of grievances filed by his/her child. A youth 18 years of age or older must provide consent in order to release a grievance summary to his/her parent/guardian.(c) Youth Requests for Conference with Staff.(1) Youth assigned to residential facilities may submit a written request for a conference with any staff member assigned to his/her facility as an informal means of addressing issues or concerns. Conferences with youth are scheduled at the earliest opportunity that does not jeopardize youth or staff safety, facility order, or an ongoing investigation. Youth are notified in cases where the request cannot be honored promptly.(2) A youth may elect to file a grievance if he/she is dissatisfied with the result of the staff conference or if the issue(s) raised in connection with the conference request cannot be resolved by his/her selected staff member. However, in no case is a youth required to submit a request for conference as a preliminary step prior to submitting a grievance.(d) Grievances.(1) Methods for Filing a Grievance.(A) Incident Reporting Center. Any person may submit a grievance to the TJJD Incident Reporting Center (IRC) by telephone, email, fax, or postal service. See TJJD's website for contact information. Subject to limitations on time, place, and manner, a youth in a residential placement is allowed confidential telephone access in order to contact the IRC.(B) In-Person to TJJD Staff. Any person who is unable or unwilling to submit a grievance in writing may verbally communicate a grievance to TJJD staff.(C) Youth Grievance Forms.(i) All youth under TJJD jurisdiction must have access to pre-numbered grievance forms.(ii) In residential facilities, a youth is selected in each living unit or area to distribute grievance forms.(iii) In residential facilities, secure drop boxes are provided in easily accessible locations for youth to submit completed grievance forms. Access to the drop boxes is restricted to staff members designated by the executive director or designee.(iv) A youth is provided with a copy of each grievance he/she submits.(v) Once a youth submits a grievance, it may not be withdrawn.(2) Resolution of a Grievance.(A) Grievances are promptly collected, reviewed, and assigned for response. Grievances are screened to identify issues which require expedited resolution in order to avoid substantial loss or harm if delayed.(B) Each grievance is assigned to a staff member who is not directly involved in the grievance and has the authority to implement an appropriate corrective measure or has knowledge or access to provide clarifying information. Grievances involving healthcare issues must be assigned to a person with appropriate clinical expertise and credentials. The assigned staff member must provide a written response to the grievant within 10 workdays after submission of the grievance.(3) Appeal of a Grievance Resolution.(A) A grievant may file an appeal if he/she is dissatisfied with the response. Except for healthcare-related grievances, TJJD designates a staff member to provide a written response to the appeal. Appeals of responses to healthcare-related grievances are submitted as direct appeals to the executive director or designee in accordance with §380.9353 of this title.(B) For grievances that are not healthcare-related, a grievant may submit an appeal to the executive director or designee if dissatisfied with the appeal response in accordance with §380.9353 of this title.(C) A grievant may submit a direct appeal to the executive director or designee if no written response is received within 15 workdays after submitting a grievance or an appeal of a grievance response.(D) An appeal to the executive director or designee exhausts all administrative remedies on the issue(s) raised in the grievance.</content><note type="source"><p>Source Note: The provisions of this §380.9331 adopted to be effective April 1, 2008, 33 TexReg 2314; amended to be effective September 1, 2009, 34 TexReg 5553; amended to be effective November 1, 2011, 36 TexReg 7352; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9263.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9333"><num value="380.9333">§380.9333</num><heading>Investigation of Alleged Abuse, Neglect, and Exploitation</heading><content>(a) Purpose. This rule provides for the administrative investigation of allegations of abuse, neglect, or exploitation in programs and facilities operated by Texas Juvenile Justice Department (TJJD) or in which TJJD youth are placed. This rule also provides standards for investigations and for the compilation and sharing of investigation information. The purpose of all provisions in this rule is the protection of youth.(b) Applicability. (1) This rule applies to administrative investigations involving abuse, neglect, or exploitation allegedly committed by employees, volunteers, or other individuals working in TJJD programs or facilities, including institutions, halfway houses, and parole services, and in facilities and programs with which TJJD contracts for the provision of services to youth.(2) Except as specifically noted, this rule does not apply to criminal investigations conducted by the TJJD Office of Inspector General under §242.102, Human Resources Code. (c) Definitions. As used in this rule, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Abuse--an intentional, knowing, or reckless act or omission that causes or may cause emotional harm or physical injury to, or the death of, a youth committed to TJJD. Abuse also includes the definition in §261.001, Family Code. (2) Board--the Texas Juvenile Justice Board, the governing board of TJJD.(3) Chief local administrator--the person employed in a TJJD facility or district office who is responsible for overseeing the operations of a facility, contract program, or parole services.(4) Emotional harm--an impairment in the youth's growth, development, or psychological functioning that normally requires evaluation or treatment by a trained mental health or health care professional, regardless of whether evaluation or treatment is actually received. Sexual conduct involving individuals included in subsection (b)(1) of this section and youth is presumed to cause substantial emotional harm.(5) Exploitation--the illegal or improper use of a youth or the resources of a youth committed to TJJD for monetary or personal benefit, profit, or gain. (6) Neglect--a negligent act or omission, including failure to comply with an individual treatment plan, plan of care, or individualized service plan, that causes or may cause substantial emotional harm or physical injury to, or the death of, a youth committed to TJJD. Neglect also includes the definition in §261.001, Family Code. (7) Physical injury--an injury that normally requires examination or treatment by a trained health care professional, regardless of whether examination or treatment is actually received. (8) Preponderance of the evidence--a standard of proof meaning the credible and reliable evidence establishes that it is more likely than not that conduct meeting the definition of abuse, neglect, or exploitation occurred.(9) Report--notification that alleged or suspected abuse, neglect, or exploitation of a child has occurred or may occur. (10) Sexual conduct--includes sexual-related conduct that is harmful to a child's mental, emotional, or physical welfare, including, but not limited to, conduct that constitutes the offense of continuous sexual abuse of a child or children under §21.02, Penal Code; indecency with a child under §21.11, Penal Code; sexual assault under §22.011, Penal Code; aggravated sexual assault under §22.021, Penal Code; improper sexual activity with person in custody or under supervision under §39.04, Penal Code; indecent exposure under §21.08, Penal Code; sexual performance by a child under §43.25, Penal Code; and trafficking of persons under §20A.02, Penal Code. (d) Reporting Requirements.(1) Under state law, any person having cause to believe that a youth has been or may be adversely affected by abuse, neglect, or exploitation must report the matter to a law enforcement agency or to the Department of Family and Protective Services. The TJJD Office of Inspector General is an appropriate law enforcement agency for reports of suspected abuse, neglect, or exploitation of youth subject to the jurisdiction of TJJD. Any TJJD employee, volunteer, or contractor working in a program or facility operated by or under contract with TJJD who has reasonable cause to believe a youth committed to TJJD has been or may have been the victim of abuse, neglect, or exploitation or receives such a report must immediately report the matter to law enforcement in accordance with the TJJD's reporting policies and procedures.(2) The person making a report must provide as much detailed information as possible, including the identity of the persons involved, the location and time of relevant events, and the identity of others who may provide further information.(3) The requirement to report under this section applies without exception to a person whose personal communications may otherwise be privileged, including an attorney, a member of the clergy, a medical practitioner, a social worker, or a mental health professional. (4) Except for investigation purposes, the identity of a person making a report is confidential. (e) Actions Taken upon Receipt of the Report. Upon receipt of a report of alleged abuse, neglect, or exploitation, TJJD: (1) in coordination with the appropriate law enforcement entity, immediately takes any action necessary to protect the youth and to preserve evidence that may be pertinent to an investigation of the matter;(2) notifies the following people of the report:(A) the youth's parents or guardian;(B) the youth, if the report was not made by the youth; and(C) the chief juvenile probation officer for the committing court;(3) determines whether the person accused of wrongdoing must be suspended, temporarily reassigned, or temporarily barred from assignment to TJJD facilities pending the outcome of the investigation; and(4) takes any action necessary to ensure that the investigation or review is conducted with the full cooperation of staff and youth, that adequate resources are provided, and that the youth and witnesses are protected from retaliation or improper influence. (f) Assignment for Investigation.(1) The TJJD Office of the Inspector General (OIG) promptly reviews each report of alleged abuse, neglect, or exploitation. Each report is entered into a centralized database and assigned for investigation if the report alleges conduct that, if true, appears to meet the definition of abuse, neglect, or exploitation. The report may also be assigned for criminal investigation.(2) Whether to assign a report for criminal investigation by a peace officer from the Office of Inspector General or appropriate law enforcement is determined on a case-by-case basis considering all relevant factors, including the severity and immediacy of potential harm. (3) An OIG investigator must provide an initial response within 24 hours after OIG receives the report if the report presents an immediate risk of physical or sexual abuse of a youth that could result in death or serious harm to the youth. (4) If deemed to be warranted by the chief inspector general or the executive director, a report of abuse, neglect, or exploitation may be referred to appropriate outside law enforcement for investigation.(g) Standards for Investigations. (1) Investigations may be conducted based on a report to the OIG or may be initiated by the OIG when there is reasonable cause to believe that an incident may require investigation, regardless of how OIG is made aware of the matter. (2) The investigation must be prompt, thorough, and directed at resolving all the relevant issues raised by the report. The primary objective of each investigation under this section is to ensure the health, safety, and well-being of the alleged victim(s) and other juveniles. (3) Only a person qualified by experience and training may be assigned to conduct an investigation under this section.(4) All evidence that is relevant and reasonably available must be gathered and preserved, including documents, physical evidence, witness interviews and statements, photographs, and security videos.(5) For any report of alleged abuse, neglect, or exploitation, a preliminary investigation may be conducted to determine whether there is any evidence to corroborate the report or to provide cause to believe that any abuse, neglect, or exploitation has occurred.(h) Abuse, Neglect, or Exploitation Findings.(1) In order to find that a person engaged in abuse, neglect, or exploitation, there must be a preponderance of evidence to establish the person engaged in conduct that meets the definition of abuse, neglect, or exploitation, including having done so with the required mental state.(2) A person acts intentionally, or with intent, with respect to the nature of the person's conduct or the result of the conduct when it is the person's conscious objective or desire to engage in the conduct or to cause the result.(3) A person acts knowingly, or with knowledge, with respect to the nature of the person's conduct or the result of the conduct when the person is aware of the nature of the conduct or that the circumstances exist. A person acts knowingly, or with knowledge, with the respect to a result of the person's conduct when the person is aware that the conduct is reasonably certain to cause the result.(4) A person acts recklessly, or is reckless, with respect to circumstances surrounding the person's conduct or the result of the conduct when the person is aware of but consciously disregards a substantial and unjustifiable risk that the circumstances exist or the result will occur. The risk must be of such a nature and degree that its disregard constitutes a gross deviation from the standard of care that an ordinary person would exercise under all the circumstances as viewed from the actor's standpoint.(5) A person acts with negligence when the person does something that an ordinarily prudent person exercising ordinary care would not have done under the same circumstances or fails to do something that an ordinarily prudent person in the exercise of ordinary care would have done. (6) An investigation of potential abuse requires a finding of whether the subject intentionally, knowingly, or recklessly acted or failed to act; and, if so, whether the act caused emotional harm or physical injury to the youth or posed a significant and foreseeable risk of emotional harm or physical injury. (7) An investigation of potential neglect requires a finding of whether the subject engaged in a negligent act or omission and, if so, whether the action or failure to act was a substantial factor in bringing about substantial emotional harm or physical injury to the youth or posed a significant and foreseeable risk of emotional harm or physical injury. (8) An investigation of potential exploitation requires a finding of whether a youth or the resources of a youth were used for monetary or personal benefit, profit, or gain of the suspect and, if so, whether the use was illegal or improper. (i) Investigative Report.(1) Each investigation requires a written investigative report with the investigator's recommendations regarding whether the evidence is sufficient to establish that abuse, neglect, or exploitation occurred. The report must include a summary and analysis of the evidence relied upon in reaching the recommendations. Anything considered in the investigation, including, but not limited to, copies of relevant documents and photographs, must be attached to the investigative report.(2) Investigations may include recommendations that findings of misconduct other than abuse, neglect, or exploitation be made if the misconduct is established by the evidence. However, the absence of such findings should not be regarded as exoneration of the subject or other employees as to policy violations or other misconduct indicated by the evidence. (3) An attorney in the Office of General Counsel shall review the recommendations of each investigative report for legal sufficiency and, based on the evidence, shall make findings as to whether or not abuse, neglect, or exploitation occurred. The Office of General Counsel may request additional information or investigation by OIG if necessary to make a finding. The findings must be made before the results of the investigative report are finalized.(j) Actions in Response to a Closed Investigative Report. (1) Upon receipt of a closed investigative report, the chief local administrator must review the investigative report and: (A) notify the youth, the youth's parents or guardian, and the person accused of wrongdoing of the results of the investigation; and (B) notify the youth and the youth's parents of the right to appeal the investigation findings or to file a complaint regarding the conduct of the investigation under §380.9353 of this chapter.(2) If the chief local administrator disagrees with the findings, the chief local administrator may appeal in accordance with PRS.35.11.(3) If the investigative finding confirms abuse, neglect, exploitation, or other wrongdoing occurred, the chief local administrator must take whatever actions are necessary and appropriate to rectify the wrong and prevent future harm under the same or similar circumstances, which may include disciplinary action. (4) If the investigative findings indicate wrongdoing by a person no longer employed by TJJD, the chief local administrator must contact HR to determine if the person's rehire eligibility status should be changed.(k) Standards for Compiling Investigation Information. (1) The Office of Inspector General compiles information related to the number and nature of reports filed, case closure dispositions, the dates and locations of reported incidents, the average length of time required for investigations, and any significant trends. This information must be compiled at least twice each year and be available for public inspection. (2) Additional information, including a summary of the findings and corrective actions taken with regard to all confirmed reports, is prepared for periodic review and analysis by the TJJD executive staff and the Board.(3) Periodic summaries of complaints and appeals regarding investigations conducted under this rule and the final decisions regarding the complaints or appeals are provided to the Board for review. The TJJD executive director or Board will take whatever action is determined to be appropriate with regard to the complaint to ensure the investigations are conducted properly. (l) Confidentiality of Reports and Investigation Information. (1) A report of suspected abuse, neglect, or exploitation and the files, reports, records, communications, audiotapes, videotapes, and working papers used or developed in an investigation or in providing services as a result of an investigation are confidential and may be disclosed only for purposes consistent with Chapter 261, Family Code, applicable federal or state law, and in accordance with this section.(2) To the extent required by state or federal law, TJJD will release to the public, upon request, a report of alleged or suspected abuse, neglect, or exploitation if:(A) the report relates to a report of abuse, neglect, or exploitation involving a child committed to TJJD during the period that the child is committed to TJJD; and(B) TJJD is not prohibited by Chapter 552, Government Code, or other law from disclosing the report.(3) Any information concerning a report of alleged or suspected abuse, neglect, or exploitation that is disclosed will be edited to protect the identity of:(A) a child who is the subject of the report of alleged or suspected mistreatment;(B) any other youth committed to TJJD who is named in the report;(C) the person who made the report; and(D) any other person whose life or safety may be endangered by the disclosure.(4) Notwithstanding any other provision permitting the release of information, TJJD will not disclose any record or information that, if released to the requestor, would interfere with an ongoing criminal investigation or prosecution.(5) An investigative report regarding an investigation of an allegation of abuse, neglect, or exploitation will be provided to:(A) a law enforcement agency or other criminal justice agency for purposes of investigation and prosecution, upon request; and(B) a parent, guardian, managing conservator, or attorney representing a youth, upon request. The information contained in the report will be redacted to protect the identity of the person making the report, other youth, and any other person who may be harmed by the disclosure. (6) An investigative report and evidence gathered in the course of an investigation may be provided to appropriate TJJD staff for the determination of corrective actions, to the State Office of Administrative Hearings for the purpose of a certification action pursuant to Chapter 349 of this title, and pursuant to a Memorandum of Understanding adopted under §810.009, Health and Safety Code.(7) An investigative report and evidence gathered in the course of an investigation may be provided to or made available to the subject of the investigation for use in an appeal of the investigation findings or to defend against a disciplinary action or other action arising from the investigation findings, including a certification action under Chapter 349 of this title. (A) Investigative reports are confidential under Chapter 261, Family Code, and may be used by the subject of the investigation only for the appeal of investigation findings or to defend against a disciplinary action or certification action arising from an investigation. (B) Names of individuals contained in the investigative report or related evidence will be redacted if the names are not necessary for the fair resolution of contested facts. Any information that is confidential by law will be redacted prior to delivery to the subject of the investigation.(8) Copies of videotapes, audiotapes, and photographs may be provided to individuals or entities identified in paragraphs (5)-(7) of this subsection only if TJJD determines that the provision of a copy is essential to the investigation, prosecution, or resolution of a case. Otherwise, the individual will be provided access to review videotapes, audiotapes, and photographs only in areas designated by TJJD and at a time mutually convenient to TJJD and the requestor. When viewing or listening to these records, the requestor may not be accompanied by any individual who would not otherwise be entitled to have access to these records unless the participation of this individual is deemed by TJJD to be appropriate under the circumstances surrounding the request.(9) TJJD shall withhold the release of any investigation records obtained from another source if the release of those records to the requestor is specifically prohibited under state or federal law. Information that may be withheld under this section includes, but is not limited to: (A) all medical records subject to the Medical Practices Act, Chapter 159, Occupations Code, unless release to the requestor is authorized under that Act;(B) HIV information unless release to the requestor is authorized under Chapter 81, Health and Safety Code; (C) offense reports, criminal history information, and/or arrest records obtained from a law enforcement entity, unless their release to the requestor is specifically authorized under state or federal law; and(D) adult or juvenile probation records, as well as records related to the taking into custody of a juvenile, unless release to the requestor is specifically authorized under state or federal law.(m) Complaints. All complaints relating to investigations under this section shall be referred to the Board, as required by §261.403, Family Code. (n) Periodic Audit of Investigations. Pursuant to Family Code §261.403, the Board ensures there is a periodic internal audit of procedures related to administrative investigations of alleged abuse, neglect, and exploitation.</content><note type="source"><p>Source Note: The provisions of this §380.9333 adopted to be effective September 1, 2025, 50 TexReg 2623.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9337"><num value="380.9337">§380.9337</num><heading>Zero-Tolerance for Sexual Abuse, Sexual Activity, and Sexual Harassment</heading><content>(a) Purpose. The purpose of this rule is to establish the Texas Juvenile Justice Department's (TJJD's) zero-tolerance policy for any form of sexual abuse, sexual harassment, or sexual activity involving youth in the agency's care. This rule also addresses TJJD's obligations under federal Prison Rape Elimination Act (PREA) standards for preventing, detecting, and responding to sexual abuse and sexual harassment.(b) Applicability. Unless stated otherwise, this rule applies to all residential facilities operated by TJJD or under contract with TJJD.(c) Definitions.(1) Exigent Circumstances--any set of temporary and unforeseen circumstances that require immediate action to combat a threat to the security or institutional order of a facility.(2) Residential Facilities--high restriction facilities and medium restriction facilities as defined in §380.8527 of this title.(3) Sexual Abuse--includes sexual abuse of a youth by another youth or sexual abuse of a youth by a staff member, contractor, or volunteer.(4) Sexual Abuse of a Youth by Another Youth--includes any of the following acts, if the victim does not consent, is coerced into such act by overt or implied threats of violence, or is unable to consent or refuse:(A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;(B) contact between the mouth and the penis, vulva, or anus;(C) penetration of the anal or genital opening of another person, however slight, by a hand, finger, object, or other instrument; and(D) any other intentional touching, either directly or through the clothing, of the genitalia, anus, groin, breast, inner thigh, or the buttocks of another person, excluding contact incidental to a physical altercation.(5) Sexual Abuse of a Youth by a Staff Member, Contractor, or Volunteer--includes any of the following acts, with or without consent of the youth:(A) contact between the penis and the vulva or the penis and the anus, including penetration, however slight;(B) contact between the mouth and the penis, vulva, or anus;(C) contact between the mouth and any body part where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;(D) penetration of the anal or genital opening, however slight, by a hand, finger, object, or other instrument, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;(E) any other intentional contact, either directly or through the clothing, of or with the genitalia, anus, groin, breast, inner thigh, or the buttocks, that is unrelated to official duties or where the staff member, contractor, or volunteer has the intent to abuse, arouse, or gratify sexual desire;(F) any attempt, threat, or request by a staff member, contractor, or volunteer to engage in the activities described in subparagraphs (A) - (E) of this paragraph;(G) any display by a staff member, contractor, or volunteer of his or her uncovered genitalia, buttocks, or breast in the presence of a youth; and(H) voyeurism by a staff member, contractor, or volunteer.(6) Sexual Activity--includes any form of sexual misconduct, as defined in §380.9503 of this title, that does not meet the definition of sexual abuse.(7) Sexual Harassment--includes:(A) repeated and unwelcome sexual advances, requests for sexual favors, or verbal comments, gestures, or actions of a derogatory or offensive sexual nature by one youth directed toward another; and(B) repeated verbal comments or gestures of a sexual nature to a youth by a staff member, contractor, or volunteer, including demeaning references to gender, sexually suggestive or derogatory comments about body or clothing, or obscene language or gestures.(8) Voyeurism--an invasion of a youth's privacy by a staff member, contractor, or volunteer for reasons unrelated to official duties, such as:(A) peering at a youth who is using a toilet in his or her cell to perform bodily functions;(B) requiring a youth to expose his or her buttocks, genitals, or breasts; or(C) taking images of all or part of a youth's naked body or of a youth performing bodily functions.(d) General Provisions.(1) It is the policy of TJJD to ensure that any form of conduct that meets the definition of sexual abuse, sexual activity, or sexual harassment, regardless of consensual status, is strictly prohibited. Such conduct, if confirmed, will result in administrative disciplinary action and may result in criminal prosecution.(2) It is the policy of TJJD to comply with all applicable PREA-related standards adopted by the U.S. Department of Justice.(e) Prevention Planning.(1) PREA Coordinator and PREA Compliance Managers.(A) TJJD designates an upper-level staff member as the agency-wide PREA coordinator. This staff member's duties must be structured to allow sufficient time and authority to develop, implement, and oversee agency efforts to comply with PREA standards in all TJJD-operated residential facilities.(B) TJJD designates a PREA compliance manager at each TJJD-operated residential facility. This staff member's duties must be structured to allow sufficient time and authority to coordinate the facility's efforts to comply with PREA standards.(2) Contracting with Other Entities for Confinement of Youth. In all new or renewed contracts for residential placement of TJJD youth, TJJD includes a clause requiring the contractor to adopt and comply with applicable PREA standards.(3) Youth Supervision and Monitoring.(A) Staffing Plans.(i) Each TJJD-operated residential facility develops and implements a written staffing plan to provide adequate levels of staffing and video monitoring to protect youth against sexual abuse.(ii) Deviations from the staffing plan are permitted only during limited and discrete exigent circumstances. The facility documents each deviation and the reason for the deviation.(iii) At least once each year, the division director over residential services, in consultation with the TJJD PREA coordinator, reviews and documents whether any adjustments are needed to each TJJD-operated facility's:(I) staffing plan;(II) prevailing staffing patterns;(III) deployment of video monitoring systems and other monitoring technologies; and(IV) resources available to ensure adherence to the staffing plan.(B) Staff Ratios. Each TJJD-operated high restriction facility maintains staff ratios in accordance with §380.9955 of this title.(C) Unannounced Rounds.(i) At each TJJD-operated high restriction facility, a staff member with management responsibilities conducts and documents unannounced rounds to identify and deter sexual abuse and sexual harassment. The unannounced rounds must be conducted at least twice per month on each shift.(ii) At each TJJD-operated medium restriction facility, a staff member with management responsibilities conducts and documents unannounced rounds to identify and deter sexual abuse and sexual harassment. The unannounced rounds must be conducted at least once per month on each shift.(iii) Staff members are prohibited from notifying other staff members that unannounced rounds are occurring, unless such notification is related to the legitimate operational functions of the facility.(4) Limits to Cross-Gender Viewing and Searches.(A) TJJD maintains restrictions and limitations on cross-gender searches in accordance with §380.9709 of this title.(B) TJJD does not search or physically examine a transgender or intersex youth for the sole purpose of determining the youth's genital status. The status may be determined during conversations with the youth, by reviewing medical records, or as part of a broader medical examination conducted in private by a medical practitioner.(C) In TJJD-operated residential facilities, staffing patterns and physical barriers are implemented to enable youth to shower, perform bodily functions, and change clothing without non-medical staff of the opposite gender viewing their breasts, buttocks, or genitalia, except in exigent circumstances or when such viewing is incidental to routine room checks.(D) In TJJD-operated residential facilities, staff who are not the same gender as the youth must announce their presence when entering:(i) a dormitory pod or wing at a high restriction facility, but only if there are no other staff of the opposite gender already in the pod or wing; or(ii) a sleeping room at a medium restriction facility.(5) Youth with Disabilities and Youth who are Limited English Proficient.(A) TJJD takes appropriate steps to ensure that youth with disabilities have an equal opportunity to participate in or benefit from all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment. Such steps include providing access to:(i) interpreters; and(ii) written materials provided in formats or through methods that ensure effective communication.(B) TJJD takes reasonable steps to ensure meaningful access to all aspects of the agency's efforts to prevent, detect, and respond to sexual abuse and sexual harassment for youth who are limited English proficient, including the use of interpreters.(C) When using interpreters to meet requirements of this paragraph:(i) TJJD attempts to select interpreters who can interpret effectively, accurately, and impartially, both receptively and expressively, using any necessary specialized vocabulary; and(ii) TJJD does not use other youth to interpret, read, or otherwise assist except in limited circumstances where an extended delay in obtaining an effective interpreter could compromise safety, the performance of first-response duties, or an investigation.(6) Hiring and Promotion Decisions.(A) TJJD does not hire or promote anyone who may have contact with youth and does not use the services of any contractor who may have contact with youth if the person:(i) has engaged in sexual abuse in a prison, jail, lockup, community confinement facility, juvenile facility, or other institution, as defined in 42 U.S.C. 1997; or(ii) has been convicted or civilly or administratively adjudicated of engaging or attempting to engage in sexual activity in the community facilitated by force, overt or implied threats of force, or coercion, or if the victim did not consent or was unable to consent or refuse.(B) For any person who may have contact with juveniles, TJJD considers any incidents of sexual harassment in determining whether to hire, promote, or contract for services.(C) Before hiring new employees who may have contact with youth, TJJD:(i) performs a criminal background records check;(ii) consults the child abuse registry maintained by Texas Department of Family and Protective Services (DFPS); and(iii) makes its best efforts to contact all prior institutional employers for information on substantiated allegations of sexual abuse or any resignation during a pending investigation of an allegation of sexual abuse.(D) Before enlisting the services of a contractor who may have contact with youth, TJJD:(i) performs a criminal background records check; and(ii) consults the DFPS child abuse registry.(E) TJJD conducts periodic criminal background records checks on current employees and contractors in accordance with §385.8181 of this title.(F) TJJD asks applicants and employees who may have contact with youth directly about previous misconduct described in subparagraph (A) of this paragraph in written applications or interviews for hiring or promotion and in any interviews or written self-evaluations conducted as part of reviews of current employees. TJJD employees have a continuing affirmative duty to disclose any such misconduct. Material omissions regarding such misconduct or the provision of materially false information is grounds for termination of employment.(G) Unless prohibited by law, TJJD provides information on substantiated allegations of sexual abuse or sexual harassment involving a former employee upon receiving a request from an institutional employer for whom the former employee has applied to work.(7) Upgrades to Facilities and Technologies.(A) When designing or acquiring any new facility and in planning any substantial expansion or modification of existing facilities, TJJD considers the effect of the design, acquisition, expansion, or modification on the agency's ability to protect youth from sexual abuse.(B) When installing or updating a video monitoring system, electronic surveillance system, or other monitoring technology, TJJD considers how such technology may enhance the agency's ability to protect youth from sexual abuse.(f) Responsive Planning.(1) Evidence Protocol and Forensic Medical Examinations.(A) TJJD follows a uniform evidence protocol when responding to allegations of sexual abuse. The evidence protocol must be developmentally appropriate for youth.(B) When evidentiarily or medically appropriate, TJJD transports youth who experience sexual abuse to a hospital, clinic, or emergency room that can provide for medical examination by a Sexual Assault Nurse Examiner (SANE), Sexual Assault Forensic Examiner (SAFE), or other qualified medical practitioners. All such medical examinations are provided at no financial cost to the youth.(C) If requested by a youth who experiences sexual abuse, a victim advocate will accompany and support the youth through the forensic medical examination and investigatory interviews. The victim advocate provides emotional support, crisis intervention, information, and referrals.(D) TJJD seeks to secure victim advocacy services from local rape crisis centers. If a rape crisis center is not available, TJJD makes these services available through a qualified staff member from a community-based organization or from a qualified TJJD staff member who has been screened for appropriateness to serve in this role and has received education concerning sexual assault and forensic examination issues.(2) Policies to Ensure Referrals of Allegations for Investigations.(A) The TJJD Office of Inspector General (OIG) reviews all allegations of sexual abuse and sexual harassment and assigns each allegation to the appropriate TJJD department to complete a criminal investigation, administrative investigation, or both.(B) Under Texas Human Resources Code §242.102, the OIG is authorized to conduct criminal investigations.(g) Training and Education.(1) Employee Training.(A) TJJD provides PREA-related training to all employees who may have contact with youth. The training is tailored to the unique needs and attributes of youth in juvenile facilities and to the specific gender(s) represented at the facility. The training addresses:(i) the zero-tolerance policy for sexual abuse, sexual harassment, and sexual activity;(ii) how to fulfill employees' responsibilities to prevent, detect, report, and respond to sexual abuse and sexual harassment;(iii) youths' right to be free from sexual abuse and sexual harassment;(iv) the right of youth and employees to be free from retaliation for reporting sexual abuse and sexual harassment;(v) the dynamics of sexual abuse and sexual harassment in juvenile facilities;(vi) the common reactions of juvenile victims of sexual abuse and sexual harassment;(vii) how to detect and respond to signs of threatened and actual sexual abuse and how to distinguish between consensual sexual contact and sexual abuse between youth;(viii) how to avoid inappropriate relationships with youth;(ix) how to communicate effectively and professionally with youth, including lesbian, gay, bisexual, transgender, intersex, or gender nonconforming youth;(x) how to comply with relevant laws related to mandatory reporting of sexual abuse; and(xi) relevant laws and rules regarding consent.(B) TJJD requires all employees to receive the PREA-related training annually. An employee must receive additional training if he/she is reassigned from a male-only facility to a female-only facility or vice versa.(C) TJJD documents employees' written verification that they understand the training they have received.(2) Volunteer and Contractor Training. TJJD ensures and documents that all volunteers and contractors who have direct access to youth have been trained on and understand their responsibilities under this rule and any other related TJJD policies and procedures.(3) Youth Education.(A) During the admission process, TJJD provides youth with age-appropriate information about the agency's zero-tolerance policy and how to report incidents or suspicions of sexual abuse, sexual harassment, or sexual activity.(B) Within 10 calendar days after admission, TJJD provides comprehensive, age-appropriate education to youth about:(i) their rights to be free from sexual abuse, sexual harassment, and retaliation for reporting such incidents; and(ii) agency policies and procedures for responding to such incidents.(C) When a youth is transferred to a different TJJD-operated facility, TJJD provides the information in subparagraphs (A) and (B) of this paragraph to youth.(D) TJJD provides the information in formats accessible to all youth, including those who:(i) are limited English proficient;(ii) are deaf, visually impaired, or otherwise disabled; and(iii) have limited reading skills.(4) Specialized Training: Investigations.(A) TJJD staff members who investigate allegations of sexual abuse receive specialized training that includes:(i) techniques for interviewing juvenile sexual abuse victims;(ii) proper use of Miranda and Garrity warnings;(iii) sexual abuse evidence collection in confinement settings; and(iv) criteria and evidence required to substantiate a case for administrative action or prosecution referral.(B) TJJD maintains documentation that such training has been completed.(5) Specialized Training: Medical and Mental Health Care. TJJD ensures and maintains documentation that all full and part-time medical and mental health practitioners who work in TJJD-operated facilities have been trained in how to:(A) detect and assess signs of sexual abuse and sexual harassment;(B) preserve physical evidence of sexual abuse;(C) respond effectively and professionally to juvenile victims of sexual abuse and sexual harassment; and(D) report allegations or suspicions of sexual abuse and sexual harassment and to whom such reports must be made.(h) Screening for Risk of Sexual Victimization and Abusiveness.(1) Obtaining Information from Youth.(A) Within 72 hours after a youth's admission to TJJD, TJJD uses an objective screening instrument to obtain information about the youth's personal history and behavior to reduce the risk of sexual abuse by or upon another youth. Periodically throughout the youth's stay, information from the screening instrument is used to reassess housing and supervision assignments.(B) TJJD establishes appropriate controls to prevent sensitive information obtained from these screenings from being exploited to the youth's detriment by staff or other youth.(2) Placement of Youth in Housing, Bed, Program, Education, and Work Assignments.(A) TJJD uses all information obtained under paragraph (1) of this subsection to make housing, bed, program, education, and work assignments for youth.(B) Except under limited situations involving self-injury set forth in §380.9745 of this title, TJJD does not place youth in isolation as a means of protection.(C) Lesbian, gay, bisexual, transgender, or intersex youth are not placed in particular housing, bed, or other assignments solely on the basis of such identification or status. TJJD does not consider such identification or status as an indicator of likelihood of being sexually abusive.(D) For each transgender or intersex youth, TJJD:(i) makes a case-by-case determination when assigning the youth to a male or female facility and when making other housing and programming assignments, considering the youth's health and safety and any management or security concerns;(ii) gives serious consideration to the youth's own views concerning his/her own safety when making placement and programming assignments;(iii) reassesses the placement and programming assignments at least twice each year to review any threats to safety experienced by the youth; and(iv) provides the opportunity to shower separately from other youth.(i) Reporting.(1) Reports from Youth and Third Parties.(A) Youth may report sexual abuse, sexual harassment, retaliation by others for reporting sexual abuse or harassment, and staff neglect or violation of responsibilities that may have contributed to such incidents by:(i) filing a written grievance in accordance with §380.9331 of this title;(ii) calling the 24-hour, toll-free hotline maintained by the OIG without being heard by staff or other youth;(iii) telling any staff member, volunteer, or contract employee, who must then call the OIG hotline; or(iv) calling the toll-free number maintained by the Office of Independent Ombudsman (OIO), which is a separate state agency, without being heard by staff or other youth.(B) TJJD accepts verbal and written reports made anonymously or by third parties and promptly documents verbal reports. Anonymous and third-party reports may be submitted to TJJD by calling the toll-free hotline maintained by the OIG. TJJD publicly distributes information on how to report alleged abuse or sexual harassment on behalf of a youth by posting this information on the agency's website.(C) TJJD provides youth with access to grievance forms in accordance with §380.9331 of this title. TJJD provides all staff with access to telephones to privately call the OIG hotline immediately if the staff member has reason to believe a youth has been a victim of sexual abuse or harassment.(2) Administrative Remedies.(A) TJJD investigates all allegations of sexual abuse regardless of how much time has passed since the alleged incident.(B) As established by §380.9331 of this title, youth are not required to use the youth grievance system or the informal conference request system to report an allegation of sexual abuse. Youth are not required to attempt to resolve the allegation with staff.(C) If a youth uses the grievance system or the conference request system to report an allegation of sexual abuse, the allegation is immediately forwarded to the OIG for assignment and investigation.(D) TJJD does not refer allegations of sexual abuse to staff members who are the subject of the allegation.(3) Youth Access to Outside Support Services and Legal Representation.(A) TJJD provides youth with access to outside victim advocates for emotional support services related to sexual abuse by making available mailing addresses and telephone numbers, including toll-free numbers of any local, state, or national victim advocacy or rape crisis organizations. TJJD also provides youth with on-site access to representatives of such advocacy organizations in accordance with §385.8183 of this title. TJJD enables reasonable communication between youth and these organizations and agencies in as confidential a manner as possible. TJJD informs youth, prior to giving them access, of the extent to which such communications will be monitored and the extent to which reports of abuse will be forwarded to authorities in accordance with mandatory reporting laws.(B) TJJD maintains or seeks to enter into agreements with community service providers that are able to provide youth with confidential emotional support services related to sexual abuse. TJJD maintains documentation of such agreements or attempts to enter into such agreements.(C) TJJD provides youth with reasonable and confidential access to their:(i) attorneys or other legal representatives, in accordance with §380.9311 of this title; and(ii) parents or legal guardians, in accordance with §§380.9312, 380.9313, and 380.9315 of this title.(j) Official Response Following a Report of Alleged Sexual Abuse or Sexual Harassment.(1) Staff and Agency Reporting Duties.(A) All TJJD staff members must immediately report to OIG, in accordance with agency policy, any knowledge, suspicion, or information they receive regarding:(i) an incident of sexual abuse;(ii) an incident of sexual harassment;(iii) retaliation against youth or staff who reported such an incident; and(iv) any staff neglect or violation of responsibilities that may have contributed to such an incident or retaliation.(B) The requirement to report applies to incidents occurring in any residential facility, whether or not it is operated by TJJD.(C) The requirement to report includes staff members whose personal communications may otherwise be privileged, such as an attorney, member of the clergy, medical practitioner, social worker, or mental health practitioner. Upon the initiation of services, these staff members must inform the youth of the staff member's duty to report abuse and the limits of confidentiality.(D) In addition to the reporting requirement in subparagraph (A) of this paragraph, TJJD staff must comply with mandatory child abuse reporting laws in Texas Family Code Chapter 261 and with applicable professional licensure requirements.(E) Any TJJD staff who receives a report of alleged sexual abuse is prohibited from revealing any information to anyone other than to the extent necessary, as specified in §380.9333 of this title, to make treatment, investigation, and other security and management decisions.(F) Upon receiving an allegation of sexual abuse, the facility administrator or his/her designee must promptly report the allegation to the alleged victim's parents or legal guardians, unless the facility has official documentation showing the parents or legal guardians should not be notified. If the alleged victim is under the conservatorship of DFPS, the report is made to DFPS.(G) OIG assigns all reports of alleged sexual abuse and sexual harassment, including third-party and anonymous reports, to the appropriate investigator.(2) Agency Protection Duties. Upon receipt of a report that alleges a youth is subject to a substantial risk or imminent sexual abuse, TJJD takes immediate action to protect the youth.(3) Reporting to Other Confinement Facilities.(A) Any staff member must immediately notify the OIG if he/she receives an allegation that a youth was sexually abused while confined at a juvenile facility not operated by TJJD and not operated under contract with TJJD.(B) The OIG must notify the head of the facility or the appropriate office of the agency where the abuse is alleged to have occurred and the appropriate investigative agency as soon as possible, but within 72 hours after receiving the allegation.(4) Staff First Responder Duties. Upon learning of an allegation that a youth was sexually abused, the first staff member to respond to the report must:(A) separate the alleged victim and alleged abuser;(B) preserve and protect any crime scene until appropriate steps can be taken to collect any evidence; and(C) if the alleged abuse occurs within a time period that still allows for the collection of physical evidence:(i) request that the alleged victim not take any actions that could destroy physical evidence, including as appropriate, washing, brushing teeth, changing clothes, urinating, defecating, smoking, drinking, or eating; and(ii) ensure that the alleged abuser does not take any actions that could destroy physical evidence.(5) Coordinated Response. TJJD maintains a written plan to coordinate the actions taken among staff first responders, medical and mental health practitioners, investigators, and facility leadership in response to an incident of sexual abuse.(6) Preservation of Ability to Protect Youth from Contact with Abusers. TJJD will not enter into any agreement that limits its ability to remove alleged staff sexual abusers from contact with youth pending the outcome of an investigation or a determination of whether and to what extent discipline is warranted.(7) Agency Protection against Retaliation. Retaliation by a youth or staff member against a youth or staff member who reports sexual abuse or sexual harassment or who cooperates with an investigation is strictly prohibited. To help prevent retaliation, TJJD:(A) designates certain staff members to monitor the person who reported the allegation and the alleged victim to determine whether retaliation is occurring;(B) uses multiple measures to protect youth and staff from retaliation, such as housing transfers, removal of the alleged abuser from contact with the alleged victim, and emotional support services for youth or staff who fear retaliation;(C) for at least 90 days (except when the allegation is determined to be unfounded):(i) monitors the reporter and the alleged victim for signs of retaliation including items such as disciplinary reports, housing or program changes, staff reassignments, and negative performance reviews; and(ii) conducts periodic status checks on the alleged victim;(D) acts promptly to remedy any retaliation; and(E) takes appropriate measures to protect any other individual who cooperates with the investigation who expresses a fear of retaliation.(8) Post-Allegation Protective Custody. TJJD does not use segregated housing to protect a youth who is alleged to have suffered sexual abuse.(k) Investigations.(1) Criminal and Administrative Agency Investigations.(A) TJJD conducts prompt, thorough, and objective investigations for all allegations of sexual abuse and sexual harassment, including third-party and anonymous reports.(B) For investigations of alleged sexual abuse, TJJD uses investigators who have received special training in sexual abuse investigations involving juvenile victims.(C) TJJD investigators must:(i) gather and preserve direct and circumstantial evidence, including any available physical and DNA evidence and any available electronic monitoring data;(ii) interview alleged victims, suspected perpetrators, and witnesses; and(iii) review prior complaints and reports of sexual abuse involving the suspected perpetrator.(D) TJJD will not terminate an investigation solely because the source of the allegation recants the allegation.(E) When the quality of evidence appears to support criminal prosecution, TJJD may conduct compelled interviews only after consulting with prosecutors as to whether compelled interviews may be an obstacle for subsequent criminal prosecution.(F) TJJD investigators must assess the credibility of an alleged victim, suspect, or witness on an individual basis and must not determine credibility by the person's status as a youth or staff.(G) TJJD does not require youth who allege sexual abuse to submit to a polygraph examination or other truth-telling device as a condition for proceeding with the investigation.(H) In addition to meeting requirements set forth in §380.9333 of this title, administrative investigations of sexual abuse must:(i) include an effort to determine whether staff actions or failures to act contributed to the abuse; and(ii) be documented in a written report that includes a description of the physical and testimonial evidence, the reasoning behind credibility assessments, and investigative facts and findings.(I) Criminal investigations conducted by the OIG must be documented in a written report that includes:(i) a thorough description of physical, testimonial, and documentary evidence; and(ii) copies of all documentary evidence, when feasible.(J) Substantiated allegations of conduct that appear to be criminal are referred for prosecution.(K) TJJD maintains all criminal and administrative investigation reports for as long as the alleged abuser is incarcerated by TJJD or employed by TJJD, plus at least five years.(L) TJJD does not terminate investigations solely on the basis that the alleged abuser or victim is no longer in the custody of TJJD or employed by TJJD.(M) If an outside agency conducts an investigation into an allegation of sexual abuse, TJJD staff must cooperate with the outside investigators. TJJD management will attempt to remain informed about the progress of the investigation.(2) Evidentiary Standard for Administrative Investigations. In administrative investigations into allegations of sexual abuse or sexual harassment, the investigator's findings must be based on a preponderance of the evidence.(3) Reporting to Youth. The notification requirements in this paragraph apply until the youth is discharged from TJJD. TJJD documents all notifications and attempted notifications.(A) Following an investigation into a youth's allegation of sexual abuse suffered in a TJJD facility, TJJD informs the youth whether the allegation is substantiated, unsubstantiated, or unfounded. If TJJD did not conduct the investigation, TJJD management will request the information from the investigating agency so that the youth may be informed.(B) Following a youth's allegation that a staff member has committed sexual abuse against the youth, TJJD informs the youth whenever the following events occur, except when the allegation is determined to be unfounded:(i) the staff member is no longer posted within the youth's housing unit;(ii) the staff member is no longer employed at the facility;(iii) TJJD learns that the staff member has been indicted on a charge related to the sexual abuse; or(iv) TJJD learns that the staff member has been convicted on a charge related to the sexual abuse.(C) Following a youth's allegation that he/she has been sexually abused by another youth, TJJD informs the alleged victim whenever the following events occur:(i) TJJD learns that the alleged abuser has been indicted on a charge related to the sexual abuse; or(ii) TJJD learns that the alleged abuser has been convicted on a charge related to the sexual abuse.(l) Discipline.(1) Disciplinary Sanctions for Staff.(A) Staff members are subject to disciplinary sanctions up to and including termination of employment for violating TJJD sexual abuse or sexual harassment policies.(B) Termination of employment is the presumptive disciplinary sanction for staff members who have engaged in sexual abuse.(C) Disciplinary sanctions for violations of TJJD policies relating to sexual abuse or sexual harassment (other than actually engaging in sexual abuse) are commensurate with the nature and circumstances of the acts committed, the staff member's disciplinary history, and the sanctions imposed for comparable offenses by other staff with similar histories.(D) TJJD reports the following actions to any relevant licensing bodies:(i) terminations of employment for violations of agency sexual abuse or sexual harassment policies; and(ii) resignations by staff members who would have been terminated if they had not resigned.(2) Corrective Action for Contractors and Volunteers.(A) If a contractor or volunteer engages in sexual abuse, TJJD:(i) prohibits the contractor or volunteer from having any contact with TJJD youth; and(ii) reports the finding of abuse to any relevant licensing bodies.(B) If a volunteer or contractor violates TJJD sexual abuse or sexual harassment policies but does not actually engage in sexual abuse, TJJD takes appropriate remedial measures and considers whether to prohibit further contact with TJJD youth.(3) Interventions and Disciplinary Sanctions for Youth.(A) A youth may be subject to disciplinary sanctions for engaging in sexual abuse only when:(i) there is a criminal finding of guilt or an administrative finding that the youth engaged in youth-on-youth sexual abuse; and(ii) the discipline is determined through a Level II due process hearing held in accordance with §380.9555 of this title.(B) Any disciplinary sanctions must be commensurate with the nature and circumstances of the abuse committed, the youth's disciplinary history, and the sanctions imposed for comparable offenses by other youth with similar histories.(C) The disciplinary process must consider whether a youth's mental disabilities or mental illness contributed to his/her behavior when determining what type of sanction, if any, should be imposed.(D) TJJD does not impose isolation as a disciplinary sanction.(E) TJJD offers youth abusers counseling and other interventions designed to address and correct underlying reasons or motivations for the abuse. TJJD may require participation in such counseling and interventions as a condition of access to behavior-based incentives, but not as a condition to access general programming or education.(F) A youth may be disciplined for sexual contact with staff only upon a finding that the staff member did not consent to such contact.(G) TJJD may not discipline a youth if the youth made a report of sexual abuse in good faith based upon a reasonable belief that the alleged conduct occurred, even if an investigation does not establish evidence sufficient to substantiate the allegation.(H) In accordance with §380.9503 of this title, TJJD may also discipline a youth for engaging in prohibited sexual activity that does not meet the definition of abuse.(m) Medical and Mental Care.(1) Medical and Mental Health Screenings; History of Sexual Abuse.(A) Regardless of the results of the screening in subsection (h)(1) of this section, TJJD offers all youth an appointment with a medical and mental health practitioner within 14 days after the intake screening.(B) Any information obtained related to sexual victimization or abusiveness that occurred in an institutional setting must be strictly limited to medical and mental health practitioners and other staff, as necessary, to inform treatment plans and security and management decisions, including housing, bed, work, education, and program assignments, or as otherwise required by law.(C) Medical and mental health practitioners must obtain informed consent from youth before reporting information about prior sexual victimization that did not occur in an institutional setting, unless the youth is under the age of 18.(2) Access to Emergency Medical and Mental Health Services.(A) TJJD ensures that youth victims of sexual abuse receive timely, unimpeded access to emergency medical treatment and crisis intervention services, the nature and scope of which are determined by medical and mental health practitioners according to their professional judgment.(B) If no qualified medical or mental health practitioners are on duty at the time a report of recent abuse is made, staff first responders must take preliminary steps to protect the victim and must immediately notify the appropriate medical and mental health practitioners.(C) TJJD ensures that youth victims of sexual abuse while incarcerated are offered timely information about and timely access to emergency contraception and sexually transmitted infections prophylaxis, in accordance with professionally accepted standards of care, where medically appropriate.(D) TJJD provides treatment services to the victim without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising from the incident.(3) Ongoing Medical and Mental Health Care for Sexual Abuse Victims and Abusers.(A) TJJD offers medical and mental health evaluation and, as appropriate, treatment to all youth who have been victimized by sexual abuse in any prison, jail, lockup, or juvenile facility.(i) The evaluation and treatment of such victims includes, as appropriate:(I) follow-up services;(II) treatment plans; and(III) referrals for continued care following their transfer to other facilities or their release from custody.(ii) TJJD provides such victims with medical and mental health services consistent with the community level of care.(B) TJJD offers pregnancy tests to youth victims of sexually abusive vaginal penetration while incarcerated. If pregnancy results, TJJD ensures the youth is provided timely and comprehensive information about and timely access to all lawful pregnancy-related medical services. See §380.9195 of this title for additional information about services for pregnant youth.(C) TJJD ensures that tests for sexually transmitted infections are offered, as medically appropriate, to youth victims of sexual abuse while incarcerated.(D) TJJD provides treatment services to a victim of sexual abuse while incarcerated without financial cost and regardless of whether the victim names the abuser or cooperates with any investigation arising from the incident.(E) TJJD attempts to conduct a mental health evaluation of all known youth-on-youth abusers within 60 days after learning of such abuse history and offers treatment when deemed appropriate by mental health practitioners.(n) Sexual Abuse Incident Reviews.(1) TJJD conducts an incident review at the conclusion of every sexual abuse investigation unless the allegation is determined to be unfounded.(2) Managers, supervisors, investigators, and medical or mental health practitioners participate in the review.(3) The review team:(A) considers whether the allegation or investigation indicates a need to change policy or practice to better prevent, detect, or respond to sexual abuse;(B) considers whether the incident or allegation was motivated by race; ethnicity; gender identity; status or perceived status as lesbian, gay, bisexual, transgender, or intersex; gang affiliation; or was motivated or otherwise caused by other group dynamics at the facility;(C) examines the area where the incident allegedly occurred to assess whether physical barriers in the area may enable abuse;(D) assesses the adequacy of staffing levels in that area during different shifts;(E) assesses whether monitoring technology should be used or enhanced to supplement supervision by staff; and(F) submits a report of its findings and recommendations to the facility administrator, the local PREA compliance manager, and other appropriate staff members.(4) The facility where the incident allegedly occurred must implement the review team's recommendations or document its reasons for not doing so.(o) Data Collection and Storage.(1) TJJD collects data for every allegation of sexual abuse at TJJD-operated facilities using a standardized instrument and set of definitions and aggregates the data at least once each year. TJJD also maintains, reviews, and collects data as needed from all available incident-based documents, such as reports, investigation files, and sexual abuse incident reviews.(2) TJJD develops its data collection instrument to include the data necessary to answer all questions from the most recent version of the Survey of Sexual Violence conducted by the U.S. Department of Justice.(3) TJJD obtains incident-based and aggregate data from each residential facility operating under a contract with TJJD.(4) TJJD securely retains all sexual abuse data it collects.(p) Publication of Sexual Abuse Data.(1) TJJD reviews aggregate sexual abuse data to assess and improve the effectiveness of its policies, practices, and training. Following this review, TJJD prepares an annual report of its findings and corrective actions for each facility and the agency as a whole. The report will be posted on the agency's website.(2) Annually, TJJD posts on its website all aggregated sexual abuse data from TJJD-operated and contracted facilities.(q) Audits of PREA Standards. TJJD conducts audits pursuant to 28 CFR §§115.401 - 115.405.</content><note type="source"><p>Source Note: The provisions of this §380.9337 adopted to be effective April 21, 2014, 39 TexReg 3259.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scD/s380.9353"><num value="380.9353">§380.9353</num><heading>Appeals to the Executive Director</heading><content>(a) Purpose. The purpose of this rule is to permit Texas Juvenile Justice Department (TJJD) youth and their parents or guardians to appeal decisions made by TJJD or contract program employees to the TJJD executive director.(b) Direct Appeals to the Executive Director. A direct appeal to the executive director or designee may be filed in matters limited to:(1) the results of a Level I or II hearing;(2) the assignment of a minimum length of stay;(3) a response to a healthcare-related grievance;(4) a response to an appeal of a grievance not related to healthcare issues;(5) the lack of a written response within 15 workdays after submission of a grievance;(6) the lack of a written response within 15 workdays after submission of a grievance appeal;(7) a disapproved home evaluation;(8) the results of a Level IV hearing held for a youth in community detention;(9) the results of a second or subsequent Level IV hearing held for a youth in detention in a TJJD security unit;(10) a decision to extend the youth's stay in the Security Program for 120 continuous hours or longer;(11) a decision from a mental health status review hearing;(12) a decision from a Title IV-E hearing;(13) the findings of an alleged abuse, neglect, or exploitation investigation; and(14) the decision of the administrator of chaplaincy services regarding a request for accommodation of religious practices.(c) Filing Deadline. All appeals must be submitted in writing, clearly describe the grounds for the appeal, and be filed within six months after the decision being appealed. Appeals filed after that time may be considered at the discretion of the executive director or designee.(d) Action of the Executive Director.(1) The executive director or designee responds in writing to each appeal. Failure to respond to an appeal within 30 working days will constitute an exhaustion of administrative remedies for purposes of appeal to the courts, but it will not be construed as acceptance or rejection of any contention made in the appeal.(2) The executive director or designee considers the recommendations of the Office of General Counsel in reaching a decision on appeals of investigation findings, including any additional findings or information that resulted from further investigation.(3) The executive director or designee may uphold, reverse, or modify a grievance resolution. He/she may also return the grievance to the chief local administrator with instructions or determine that the grievance involves operational issues that have been adequately addressed and resolved at the facility level.(4) The executive director or designee may determine that an issue has not been sufficiently developed to render an informed appeal resolution. If so, the executive director or designee may, before a response is issued:(A) conduct further investigation;(B) require staff to provide additional information about the investigation and state a time frame in which to comply; or(C) reopen the investigation. If the investigation findings are changed, the parties entitled to notification are notified of their right to appeal the new findings.(e) Distribution of Appeal Decisions.(1) Appeal decisions are distributed to the following:(A) the complainant;(B) the complainant's attorney or representative, if any;(C) the chief local administrator where the youth resides;(D) the chief local administrator where the incident occurred; and(E) other persons as deemed appropriate.(2) Appropriate TJJD staff must assist youth in interpreting appeal decisions from TJJD's executive director or designee.(f) Exhaustion of Administrative Remedies. The appeal decision of the executive director or designee is the final administrative resolution of an issue appealed and constitutes an exhaustion of administrative remedies for purposes of appeal to the courts.</content><note type="source"><p>Source Note: The provisions of this §380.9353 adopted to be effective December 31, 1996, 21 TexReg 12187; amended to be effective January 31, 2001, 26 TexReg 768; amended to be effective July 31, 2001, 26 TexReg 4728; amended to be effective April 15, 2002, 27 TexReg 2832; amended to be effective August 19, 2002, 27 TexReg 7547; amended to be effective April 16, 2003, 28 TexReg 3060; amended to be effective December 14, 2003, 28 TexReg 11106; amended to be effective September 21, 2005, 30 TexReg 5961; amended to be effective September 1, 2009, 34 TexReg 5553; amended to be effective November 1, 2011, 36 TexReg7352; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scE"><num value="E">SUBCHAPTER E</num><heading>BEHAVIOR MANAGEMENT AND YOUTH DISCIPLINE</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9502"><num value="380.9502">§380.9502</num><heading>Behavior Management System Overview</heading><content>(a) Purpose. This rule establishes the basic principles on which the Texas Juvenile Justice Department (TJJD) operates its behavior management system.(b) General Provisions. TJJD's behavior management system uses positive reinforcement as well as appropriate interventions and consequences to promote a system of positive behavior that meets expectations. The system is designed to:(1) maintain order and security;(2) promote safety, respect for self and others, fairness, and protection of rights;(3) provide constructive discipline and a system of incentives and consequences to encourage youth to meet expectations for behavior;(4) provide opportunities for positive reinforcement and recognition for accomplishments and positive behaviors;(5) promote prosocial means for youth to meet their needs;(6) promote constructive dialogue and peaceful conflict resolution;(7) minimize separation of youth from the general population; and(8) limit the need to use force when responding to youth behavior.(c) Positive Reinforcement System.(1) Each facility must establish a system for:(A) assigning privileges based on the youth's progress in the rehabilitation program; and(B) earning incentives for positive behavior that are not tied to the youth's progress in the rehabilitation program.(2) The specific privileges and incentives offered may vary between facilities. The system must be developed in a manner that considers youth interests and includes age-appropriate, gender-responsive, and gender-neutral options.(3) Youth may be subject to a loss of privileges and incentives based on behavior.(d) Engagement Strategies.(1) Staff members address dysregulated behavior by progressively applying the most appropriate engagement strategies. Engagement strategies are designed to promote prosocial skills that reduce risk of continued dysregulation and contribute to positive decision making.(2) Staff members determine which strategies are employed based on their knowledge of the current situation and the youth involved. Strategies include, but are not limited to, the following:(A) verbal prompts;(B) assisting youth to regulate their behavior;(C) use of calming rooms/spaces;(D) discussion with staff;(E) discussion with peer group;(F) completion of an assignment designed to assist youth in processing behaviors and promote prosocial means for youth to meet their needs;(G) movement to a designated area within the educational setting to refocus behavior and discuss strategies for success in the classroom; and(H) referral to the security unit.(e) Disciplinary Consequences.(1) Disciplinary consequences are issued with the goal of imposing only the least restrictive consequences that are effective in correcting the dysregulated behavior and promoting safety and order. Where feasible and appropriate, the consequences are directly related to the nature and seriousness of the violation. Extenuating circumstances of the violation are considered. See §380.9503 and §380.9504 of this title for procedures relating to issuing disciplinary consequences.(2) Youth are made aware of rules and disciplinary consequences through verbal instruction and written documents.(3) No disciplinary consequences may be imposed except in accordance with the provisions of this subchapter.(4) The following are prohibited as consequences:(A) corporal or unusual punishment;(B) subjecting a youth to humiliation, harassment, or physical or mental abuse;(C) subjecting a youth to personal injury;(D) subjecting a youth to property damage or disease;(E) punitive interference with the daily functions of living, such as eating or sleeping;(F) purposeless or degrading work, including group exercise as a consequence;(G) disciplinary isolation; and(H) extending a youth's stay in a TJJD facility.(5) Youth are not permitted to impose disciplinary consequences against other youth. Youth or groups of youth are not given control or authority over other youth.(6) Consequences are applied on an individual basis and only for a youth's own action or failure to act when responsible for doing so. Group discipline is prohibited. Actions taken for the purpose of maintaining safety and security (e.g., temporary lockdown to locate a missing tool, dorm activity restriction to address deteriorating dorm culture) are not considered group discipline.(7) Disciplinary consequences shall not deny youth the following:(A) regular meals (from the established menu) or snacks;(B) sufficient sleep;(C) physical exercise;(D) mail;(E) contact through visitation or telephone with parents, attorneys, or personal clergy;(F) legal assistance;(G) medical attention;(H) mental health services;(I) educational services; or(J) religious services.(8) More than one disciplinary consequence may be imposed for the same rule violation if:(A) the criteria and conditions for the imposition of each disciplinary consequence are met; and(B) the appropriate level of due process is provided based on the most severe of the disciplinary consequences imposed.</content><note type="source"><p>Source Note: The provisions of this §380.9502 adopted to be effective June 20, 2022, 47 TexReg 3562.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9503"><num value="380.9503">§380.9503</num><heading>Rules and Consequences for Residential Facilities</heading><content>(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct for residential facilities. Violations of the rules may result in disciplinary consequences that are proportional to the severity and extent of the violation. Appropriate due process, including a consideration of extenuating circumstances, shall be followed before imposing disciplinary consequences.(b) Applicability. This rule applies to youth assigned to residential facilities operated by the Texas Juvenile Justice Department (TJJD).(c) Definitions. The following terms, as used in this rule, have the following meanings unless the context clearly indicates otherwise.(1) Attempt to Commit--a youth, with specific intent to commit a rule violation, engages in conduct that amounts to more than mere planning that tends but fails to effect the commission of the intended rule violation.(2) Bodily Injury--physical pain, illness, or impairment of physical condition. Fleeting pain or minor discomfort does not constitute bodily injury.(3) Direct Someone to Commit--occurs when: (A) a youth communicates with another youth; (B) the communication is intended to cause the other youth to commit a rule violation; and(C) the other youth commits or attempts to commit a rule violation.(4) Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.(d) General Provisions.(1) Formal incident reports are completed for alleged rule violations as required by internal operational procedures. (2) A formal incident report is not proof that a youth committed an alleged rule violation. An incident report or other document describing conduct is not something that can be appealed or grieved; only the results of a hearing or rule-violation review may be appealed, as provided below.(3) When a youth is found to be in possession of prohibited money as defined in this rule, a Level II hearing is required to seize the money. Seized money shall be placed in the student benefit fund in accordance with §380.9555 of this chapter.(4) This paragraph applies only to youth not on parole status who are alleged to have engaged in conduct classified as a first- or second-degree felony while in a residential facility operated by or under contract with TJJD. A Level II hearing shall be requested on these youth unless it is determined that, given all circumstances, a Level II hearing is not appropriate. Such decision shall be documented. If a requested Level II hearing is held and the allegation is proved, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.(e) Disciplinary Consequences.(1) Disciplinary consequences shall be established in writing in TJJD's procedural manuals. Appropriate disciplinary consequences may be imposed only if the consequences are established in writing in TJJD's procedural manuals prior to the occurrence of the conduct for which the consequence is issued. (2) Disciplinary consequences may include, but are not limited to, the following:(A) suspension of privileges;(B) restriction from planned activities;(C) trust-fund restriction; and(D) disciplinary transfer to a high-restriction facility (available only for youth on institutional status in a medium-restriction facility).(3) The following are prohibited as disciplinary consequences: (A) corporal or unusual punishment;(B) subjecting a youth to humiliation, harassment, or physical or mental abuse;(C) subjecting a youth to personal injury;(D) subjecting a youth to property damage or disease;(E) punitive interference with the daily functions of living, such as eating or sleeping;(F) purposeless or degrading work, including group exercise as a consequence; (G) placement in the intervention program under §380.9510 of this chapter;(H) disciplinary isolation; and(I) extending a youth's stay in a TJJD facility.(4) A Level II hearing is required before imposing a disciplinary consequence that materially alters a youth's living conditions, including disciplinary transfer from a medium-restriction facility to a high-restriction facility. TJJD's procedural manuals will specify which disciplinary consequences require a Level II hearing. Disciplinary consequences requiring a Level II hearing are considered major consequences.(5) This paragraph applies only to youth in high-restriction facilities. To impose a disciplinary consequence that does not require a Level II hearing, a rule-violation review is required. A rule-violation review is a process by which staff review evidence to determine whether a rule violation occurred. A rule-violation review results in a finding that the alleged violation is proven, the alleged violation is not proven, or a different rule was violated than the one alleged. A rule violation is proven if a preponderance of the evidence proves behavior meeting the definition of a rule violation occurred. The following steps are to be taken for every rule-violation review, regardless of whether a consequence is sought:(A) a written description of the incident must be prepared; (B) staff must notify the youth which rule violation the youth allegedly committed;(C) staff must notify the youth which disciplinary consequence(s) staff is considering imposing, if any;(D) the youth must be given the opportunity to review the relevant evidence considered by staff and to present the youth's own relevant evidence; and(E) the youth must be given the opportunity to address the allegation, including providing any extenuating circumstances and information on the appropriateness of the intended consequence(s).(6) If a Level II hearing is not required, a Level III hearing must occur before imposing disciplinary consequences for a youth in a medium-restriction facility, in accordance with §380.9557 of this chapter.(f) Review and Appeal of Consequences.(1) All disciplinary consequences shall be reviewed for policy compliance by the facility administrator or designee within three calendar days after issuance. The reviewing staff shall not be the staff who issued the discipline.(2) The reviewing staff may remove or reduce any disciplinary consequence determined to be excessive or not validly related to the nature or seriousness of the conduct.(3) Youth may appeal disciplinary consequences issued through a Level II hearing by filing an appeal in accordance with §380.9555 of this chapter. (4) Youth in medium-restriction facilities may appeal disciplinary consequences issued through a Level III hearing by filing an appeal in accordance with §380.9557 of this chapter.(5) The findings and disposition from a rule-violation review are not grievable, but they may be appealed to the facility administrator or designee on the grounds that the youth did not commit the rule violation found proven during the review, that the consequence is not appropriate, or that the youth was not provided with the requisite notice or opportunity to be heard. If the result of a rule-violation review is overturned, that fact shall be documented appropriately.(g) Major Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:(1) Assault of Another Youth (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to another youth but the conduct does not result in bodily injury.(2) Assault of Staff (No Injury)--intentionally, knowingly, or recklessly engaging in conduct with the intent to cause bodily injury to a staff member, contract employee, or volunteer with the intent to cause injury but the conduct does not result in bodily injury.(3) Assault Causing Bodily Injury to Another Youth--intentionally, knowingly, or recklessly engaging in conduct that causes another youth to suffer bodily injury.(4) Assault Causing Bodily Injury to Staff--intentionally, knowingly, or recklessly engaging in conduct that causes a staff member, contract employee, or volunteer to suffer bodily injury.(5) Attempted Escape--committing an act with specific intent to escape that amounts to more than mere planning that tends but fails to effect an escape.(6) Chunking Bodily Fluids--causing a person to contact the blood, seminal fluid, vaginal fluid, saliva, urine, and/or feces of another with the intent to harass, alarm, or annoy another person.(7) Distribution of Prohibited Substances--distributing or selling any prohibited substances or items.(8) Escape--leaving a high-restriction residential placement without permission or failing to return from an authorized leave.(9) Extortion or Blackmail--demanding or receiving favors, money, actions, or anything of value from another in return for protection against others, to avoid bodily harm, or in exchange for not reporting a violation.(10) Failure to Comply with Electronic Monitoring Program Conditions (for Youth in Medium-Restriction Residential Placement)--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:(A) remain at the address listed at all designated times;(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;(C) remain at the approved placement while on electronic monitoring, going only to school, approved activities, religious functions, and medical/psychological appointments and then return to the approved placement, in accordance with the schedule identified in the conditions of placement or conditions of parole;(D) wear the electronic monitoring device 24 hours a day;(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.(11) Fighting Not Resulting in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that does not result in bodily injury.(12) Fighting That Results in Bodily Injury--engaging in a mutually instigated physical altercation with another person or persons that results in bodily injury.(13) Fleeing Apprehension--running from or refusing to come to staff when called and such act results in disruption of facility operations.(14) Misuse of Medication--using medication provided to the youth by authorized personnel in a manner inconsistent with specific instructions for use, including removing the medication from the dispensing area.(15) Participating in a Major Disruption of Facility Operations--intentionally engaging in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs.(16) Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.(17) Possession of Prohibited Items--possessing the following prohibited items:(A) cellular telephone;(B) matches or lighters;(C) jewelry, unless allowed by facility rules;(D) money in excess of the amount or in a form not permitted by facility rules (see §380.9555 of this chapter for procedures concerning seizure of such money);(E) pornography;(F) items which have been fashioned to produce tattoos or body piercing;(G) cleaning products when the youth is not using them for a legitimate purpose; or(H) other items that are being used inappropriately in a way that poses a danger to persons or property or threatens facility security.(18) Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.(19) Possession or Use of Prohibited Substances and Paraphernalia--possessing or using any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol, tobacco products, or related paraphernalia such as that used to deliver or make any prohibited substance.(20) Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen. (Note: If the youth says he/she cannot provide a sample, the youth shall be given water to drink and two hours to provide the sample.)(21) Refusing a Search--refusing to submit to an authorized search of person or area.(22) Repeated Non-Compliance with a Written, Reasonable Request of Staff (for Youth in Medium-Restriction Residential Placement)--failing on two or more occasions to comply with a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.(23) Sexual Misconduct--intentionally or knowingly engaging in any of the following:(A) causing contact, including penetration (however slight), between the penis and the vagina or anus; between the mouth and penis, vagina or anus; or penetration (however slight) of the anal or genital opening of another person by hand, finger, or other object;(B) touching or fondling, either directly or through clothing, of the genitalia, anus, groin, breast, inner thigh, or buttocks of another person;(C) kissing for sexual stimulation;(D) exposing the anus, buttocks, breasts, or genitals to another or exposing oneself knowing the act is likely to be observed by another person; or(E) masturbating in an open and obvious way, whether or not the genitals are exposed.(24) Stealing--intentionally taking property with an estimated value of $100 or more from another without permission.(25) Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.(26) Tampering with Safety Equipment--intentionally tampering with, damaging, or blocking any device used for safety or security of the facility. This includes, but is not limited to, any locking device or item that provides security access or clearance, any fire alarm or fire suppression system or device, video camera, radio, telephone (when the tampering prevents it from being used as necessary for safety and/or security), handcuffs, or shackles.(27) Tattooing/Body Piercing--engaging in tattooing or body piercing of self or others. Tattooing is defined as making a mark on the body by inserting pigment into the skin. (28) Threatening Another with a Weapon--intentionally and knowingly threatening another with a weapon. A weapon is something that is capable of inflicting bodily injury in the manner in which it is being used.(29) Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.(30) Vandalism--intentionally causing $100 or more in damage to state property or personal property of another.(31) Violation of Any Law--violating a Texas or federal law that is not already defined as a major or minor rule violation.(h) Minor Rule Violations. It is a violation to knowingly commit, attempt to commit, direct someone to commit, or aid someone else in committing any of the following:(1) Breaching Group Confidentiality--disclosing or discussing information provided in a group session to another person not present in that group session.(2) Disruption of Program--engaging in behavior that requires intervention to the extent that the current program of the youth and/or others is disrupted. This includes, but is not limited to:(A) disrupting a scheduled activity;(B) being loud or disruptive without staff permission;(C) using profanity or engaging in disrespectful behavior toward staff or peers; or(D) refusing to participate in a scheduled activity or abide by program rules.(3) Failure to Abide by Dress Code--failing to follow the rules of dress and appearance as provided by facility rules.(4) Failure to do Proper Housekeeping--failing to complete the daily chores of cleaning the living environment to the expected standard.(5) Gang Activity--participating in an activity or behavior that promotes the interests of a gang or possessing or exhibiting anything related to or signifying a gang, such as, but not limited to, gang-related literature, symbols, or signs.(6) Gambling or Possession of Gambling Paraphernalia--engaging in a bet or wager with another person or possessing paraphernalia that may be used for gambling.(7) Horseplay--engaging in wrestling, roughhousing, or playful interaction with another person or persons that does not rise to the level of an assault. Horseplay does not result in any party getting upset or causing injury to another.(8) Improper Use of Telephone/Mail/Computer--using the mail, a computer, or the telephone system for communication that is prohibited by facility rules, at a time prohibited by facility rules, or to inappropriately access information.(9) Lending/Borrowing/Trading Items--lending or giving to another youth, borrowing from another youth, or trading with another youth possessions, including food items, without permission from staff.(10) Lying/Falsifying Documentation/Cheating--lying or withholding information from staff, falsifying a document, and/or cheating on an assignment or test.(11) Possession of an Unauthorized Item--possessing an item the youth is not authorized to have (possession of which is not a major rule violation), including items not listed on the youth's personal property inventory. This does not include personal letters or photographs.(12) Refusal to Follow Staff Verbal Instructions--deliberately failing to comply with a specific reasonable verbal instruction made by a staff member.(13) Stealing--intentionally taking property with an estimated value under $100 from another without permission.(14) Threatening Others--making verbal or physical threats toward another person or persons.(15) Unauthorized Physical Contact with Another Youth (No Injury)--intentionally making unauthorized physical contact with another youth without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, or grabbing.(16) Unauthorized Physical Contact with Staff (No Injury)--intentionally making unauthorized physical contact with a staff member, contract employee, or volunteer without the intent to cause injury and that does not cause injury, such as, but not limited to, pushing, poking, and grabbing.(17) Undesignated Area--being in any area without the appropriate permission to be in that area.(18) Vandalism--intentionally causing less than $100 in damage to state or personal property.</content><note type="source"><p>Source Note: The provisions of this §380.9503 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective July 1, 2011, 36 TexReg 3597; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7197; amended to be effective May 31, 2013, 38 TexReg 3802; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 19, 2023, 48 TexReg 705; amended to be effective July 15, 2024, 49 TexReg 5152; amended to be effective September 1, 2025, 50 TexReg 2624.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9504"><num value="380.9504">§380.9504</num><heading>Rules and Consequences for Youth on Parole</heading><content>(a) Purpose. This rule establishes the actions that constitute violations of the rules of conduct youth are expected to follow while under parole supervision. Violations of the rules may result in disciplinary consequences, including revocation of parole, that are proportional to the severity and extent of the violation. Appropriate due process must be followed before imposing consequences.(b) Applicability.(1) This rule applies to youth on parole status who are assigned to a home placement.(2) For parole revocation purposes, this rule also applies to youth on parole status who are assigned to a residential placement as a home substitute. However, this rule does not apply to the daily rules of conduct for these youth. For the daily rules of conduct, see §380.9503 of this chapter.(c) General Provisions.(1) Conditions of parole are provided to the youth before release on parole.(2) Conditions of parole, including the rules of conduct, are reviewed with youth when they initially meet with their parole officers and at other times as necessary.(3) Repeated violations of any rule of conduct may result in more serious disciplinary consequences.(d) Definitions. Possession--actual care, custody, control, or management. It does not require the item to be on or about the youth's person.(e) Parole Rule Violations. It is a violation to knowingly commit, attempt to commit, or aid someone else in committing any of the following:(1) Abscond--leaving a home placement or failing to return from an authorized leave when:(A) the youth's parole officer did not give permission; and(B) the youth's whereabouts are unknown to the youth's parole officer.(2) Failure to Comply with Electronic Monitoring Program Conditions--failing to comply with one of the following conditions required by the youth's electronic monitoring program conditions:(A) remain at the address listed at all designated times;(B) follow curfew restriction as stated in the youth's conditions of placement or conditions of parole;(C) remain at the approved placement while on electronic monitoring, going only to school, approved activities, religious functions, and medical/psychological appointments and then return to the approved placement, in accordance with the schedule identified in the conditions of placement or conditions of parole;(D) wear the electronic monitoring device 24 hours a day;(E) allow a TJJD staff member to enter the youth's residence to install, maintain, and inspect the device if required;(F) notify the electronic monitoring officer as soon as possible within 24 hours if the youth experiences any problems with the electronic monitoring system; and(G) charge the device daily for a minimum of one hour continuously in the morning and one hour continuously in the evening.(3) Failure to Comply with Sex Offender Conditions of Parole--intentionally or knowingly failing to comply with one of the following conditions present in the youth's sex offender conditions of parole addendum:(A) do not have unsupervised contact with children under the age specified by the conditions of parole;(B) do not babysit or participate in any activity where the youth is responsible for supervising or disciplining children under the age specified by the conditions of parole; or(C) do not initiate physical contact or touching of any kind with a child, victim, or potential victim.(4) Failure to Report an Arrest or Citation--failing to report an arrest or receipt of a citation to the youth's parole officer within 24 hours of arrest or citation.(5) Participating in a Major Disruption of Facility Operations--intentionally engaging in conduct that poses a threat to persons or property and substantially disrupts the performance of facility operations or programs. (This parole violation applies only to youth assigned to a residential placement as a substitute for home placement.)(6) Possessing, Selling, or Attempting to Purchase Ammunition--possessing, selling, or attempting to purchase ammunition.(7) Possessing, Selling, or Attempting to Purchase a Weapon--possessing, selling, or attempting to purchase a weapon or an item that has been made or adapted for use as a weapon.(8) Refusing a Drug Screen--refusing to take a drug screen when requested to do so by staff or tampering with or contaminating the urine sample provided for a drug screen.(9) Repeated Non-Compliance with a Written, Reasonable Request of Staff--failing on two or more occasions to comply with a specific condition of release under supervision and/or a specific written, reasonable request of staff. If the request requires the youth to do something daily or weekly, the two failures to comply must be within a 30-day period. If the request requires the youth to do something monthly, the two failures to comply must be within a 60-day period.(10) Photos, Videos, or Social Media Posts with Weapon, Ammunition, or Unauthorized Substance--appearing in photos, videos, or other images, whether or not posted to social media, with any weapon, ammunition, or unauthorized substance or related paraphernalia, including any object that reasonably resembles a weapon, ammunition, or unauthorized substance or related paraphernalia. The term weapon includes, but is not limited to, guns, explosive devices, knives, blades, and clubs. The term related paraphernalia includes, but is not limited to, items used to make or deliver unauthorized substances.(11) Tampering with Monitoring Equipment--a youth intentionally or knowingly tampers with monitoring equipment assigned to any youth.(12) Unauthorized Absence--leaving a medium-restriction residential placement without permission or failing to return from an authorized leave.(13) Possession or Use of Unauthorized Substances--possessing, ingesting, inhaling, or otherwise consuming any unauthorized substance, including controlled substances or intoxicants, medications not prescribed for the youth by authorized medical or dental staff, alcohol or tobacco products, or related paraphernalia such as that used to deliver or make any unauthorized substance.(14) Violation of Any Law--violating a federal or state law or municipal ordinance.(f) Possible Consequences.(1) A parole rule violation may result in a Level I hearing or a Level III hearing conducted in accordance with §380.9551 or §380.9557 of this chapter, respectively.(A) This subparagraph applies only to youth alleged to have engaged in conduct classified as a first- or second-degree felony while on parole. Except as provided by this subparagraph, a Level I hearing shall be requested on these youth. The hearing may be deferred when requested by local prosecutors, as provided in §380.9551 of this chapter. The designated staff person may determine that, given all circumstances, a Level I hearing is not appropriate. Such decision shall be documented. If a Level I hearing is held and the youth's parole is revoked, the youth shall be reviewed for the most restrictive setting appropriate, including the intervention program described by §380.9510 of this chapter.(B) Parole officers are encouraged to be creative in determining a consequence appropriate to address and correct the youth's behavior. Staff should use evidence-based interventions that relate to the youth's risk, needs, and responsivity when appropriate. All assigned consequences should be related to the misconduct when possible.(2) Consequences through a Level III hearing for a youth on parole include, but are not limited to:(A) Verbal Reprimand--conference with a youth including a verbal reprimand that draws attention to the misbehavior and serves as a warning that continued misbehavior could result in more severe consequences.(B) Curfew Restriction--an immediate change in existing curfew requirements outlined in the youth's conditions of parole.(C) Community Service Hours--disciplinary assignment of a specific number of hours the youth is to perform community service in addition to the hours assigned when the youth was placed on parole. In no event may more than 20 community service hours be assigned through a Level III hearing.(D) Increased Level of Supervision--an assigned increase in the number of primary contacts between the youth and parole officer in order to increase the youth's accountability.(E) Electronic Tracking--assignment to a system that electronically tracks a youth's movement and location.(F) Writing Assignment--an assignment designed for the youth to address the misbehavior and identify appropriate behavior in similar situations.(3) Consequences through a Level I hearing for a youth on parole, including youth assigned to a residential placement as a home substitute, include:(A) parole revocation and placement in any high- or medium-restriction program operated by or under contract with the Texas Juvenile Justice Department; and(B) assignment of a length of stay consistent with §380.8525 of this chapter.</content><note type="source"><p>Source Note: The provisions of this §380.9504 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective October 18, 2022, 47 TexReg 6887; amended to be effective July 15, 2024, 49 TexReg 5152.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9510"><num value="380.9510">§380.9510</num><heading>Intervention Program</heading><content>(a) Purpose. The Texas Juvenile Justice Department (TJJD) delivers interventions in a structured environment for youth who have engaged in certain serious conduct. The interventions are designed to promote violence reduction and skill building to increase safety on TJJD campuses and to help the youth regulate their behavior in order to progress in treatment. Placement in an intervention program is not considered a disciplinary consequence. This rule sets forth eligibility criteria, program requirements, and services to be provided to youth. (b) Applicability. The program described by this rule operates only at high-restriction facilities operated by TJJD. (c) Definitions. (1) Admission, Review, and Dismissal (ARD) Committee--a committee that makes decisions on educational matters relating to special-education-eligible youth.(2) Individualized Education Program (IEP)--the program of special education and related services developed by a youth's ARD committee.(3) Isolation--the confinement of a youth in a locked room or cubicle as a tool to manage the behavior of a youth. Rules regarding isolation do not apply:(A) when doors are routinely locked during normal sleeping hours and isolation has not otherwise been imposed; or(B) when a youth is placed in the security program.(4) Manifestation Determination Review--a review conducted by a youth's ARD committee when a decision has been made to change a special-education-eligible youth's school placement due to a violation of the code of conduct. The committee determines whether a youth's conduct is a manifestation of the youth's disability and whether the youth's IEP was fully implemented.(d) Eligibility.(1) At a minimum, a youth must be reviewed to determine appropriateness for placement at any level of the intervention program if the youth engages in one or more of the following rule violations as defined in §380.9503 of this chapter:(A) assault of youth (with or without injury); (B) assault of staff (with or without injury);(C) fighting (with or without injury);(D) threatening another with a weapon;(E) escape;(F) extortion or blackmail;(G) possession of a weapon;(H) sexual misconduct;(I) threatening others;(J) any first- or second-degree felony; or(K) any other rule violation that the executive director or designee establishes in writing as an eligible violation.(2) A youth may be reviewed to determine appropriateness for placement at any level of the intervention program based on any other rule violation defined in §380.9503 of this chapter or based on a pattern of rule violations that suggests the youth would benefit from the program.(3) Notwithstanding any other provisions in this rule, a youth whose parole has been revoked may be reviewed for possible placement in the intervention program. Review for possible placement in the intervention program is mandatory for a youth whose parole was revoked for conduct classified as a first- or second-degree felony. If the youth is placed in the intervention program:(A) the youth may be placed at any level of the program, provided there are no therapeutic contraindications to placement at that level; and(B) the youth may be moved between levels of the program if the youth was given notice of the potential placement in the program before the Level I hearing. (4) Notwithstanding any other provisions in this rule, a youth who has been disciplinarily transferred from a medium-restriction facility to a high-restriction facility through a Level II due process hearing may be reviewed for possible placement in the intervention program. Review for possible placement in the intervention program is mandatory for a youth who was transferred for conduct classified as a first- or second-degree felony. If the youth is placed in the intervention program:(A) the youth may be placed at any level of the program, provided there are no therapeutic contraindications to placement at that level; and(B) the youth may be moved between levels of the program as outlined in this rule.(e) Program Intervention Levels.(1) Primary. The primary level of the intervention program provides short-term intervention that cannot be provided during regular campus programming. (A) Youth at this level of intervention in the program will move around campus for non-program-related activities in a manner generally comparable to the general campus population but are provided program-related interventions while admitted to the program.(B) A Level II hearing is not required for placement at this level of intervention. However, designated staff must review the youth for appropriateness in the intervention program, including the youth's treatment needs and the severity of the youth's behavior.(2) Moderate. The moderate level of the intervention program provides short-term intervention in a self-contained unit with a gradual transition back to regular campus programming.(A) Youth at this level of intervention in the program live on the unit where the program operates.(B) Youth may be placed at this level of the intervention program only if:(i) a Level II due process hearing has been held in accordance with §380.9555 of this chapter;(ii) there is a finding of true that the youth committed a rule violation listed in subsection (d) of this section; and(iii) the youth and the youth's advocate were given notice before the hearing that a true finding on one or more of the allegations would make the youth eligible for placement in the intervention program.(3) Intensive. The intensive level of the intervention program provides longer-term intervention in a highly structured environment. (A) Youth at this level of intervention in the program live on the unit where the program operates.(B) Youth may be placed at this level of the intervention program only if:(i) a Level II due process hearing has been held in accordance with §380.9555 of this chapter;(ii) there is a finding of true that the youth committed a rule violation listed in subsection (d) of this section; and(iii) the youth and the youth's advocate were given notice before the hearing that a true finding on one or more of the allegations would make the youth eligible for placement in the intervention program.(f) Placement in the Program.(1) Each youth being considered for placement in the intervention program is reviewed to determine if placement is appropriate and, if so, which level of the program is appropriate.(2) If it is determined that the youth should be placed in the intensive level of the program but space is not available, the youth may be temporarily placed in a lower level of the program until space becomes available at the intensive level or the youth otherwise successfully meets the criteria under subsection (j) of this section.(3) TJJD procedural manuals shall establish a process that allows a youth to be moved from one level of the program to another, if appropriate. A youth may be placed in the moderate or intensive level of the program only if the youth was given notice of the potential placement before the Level II hearing. Once a youth has been removed from the intervention program, new conduct and a new Level II due process hearing, if necessary for the program level, are required to return the youth to the intervention program.(4) TJJD procedural manuals shall establish the factors to be considered when determining if a youth should be placed in the intervention program and which level of intervention is most appropriate or when determining if a youth should be moved from one level to another. The procedural manuals shall include a requirement that, at a minimum, the following factors be considered:(A) whether the youth poses a continuing risk to the safety of the facility;(B) whether less restrictive methods of documented intervention have been attempted when appropriate; and(C) whether there are any therapeutic contraindications to placing the youth in the intervention program or at a particular level in the intervention program.(5) A youth shall not be placed at any level in the intervention program if a therapeutic contraindication to placement at that level exists.(6) TJJD shall make reasonable efforts to provide notice to the parent/guardian that the child is being considered for placement in the intervention program or for moving to a different level of the program.(g) Additional Considerations for Youth Receiving Special Education Services.(1) If a youth who is receiving special education services engages in a rule violation during school-related activities and that violation is the basis for placement or potential placement in the intervention program, the requirements of the Individuals with Disabilities Education Act, including a manifestation determination review when required, must be met. TJJD's procedural manuals shall include specific instructions for compliance and shall include a routine review to ensure the requirements are met.(2) All special education services shall be provided in accordance with ARD committee decisions. For youth who are eligible to participate in special education services, an ARD committee meeting to review the IEP is held within ten days after admission to the intervention program. Subsequent ARD committee meetings and evaluations are completed in compliance with state and federal regulations.(h) Program Requirements.(1) The intervention program is administered in units designated for such purpose. Each level may be administered in a different unit.(2) A structured daily schedule is maintained and posted to provide a predictable and safe environment.(3) On scheduled academic days, youth shall be provided with the amount of education services established by the approved master schedule for the regular school program. (4) Youth with limited English proficiency shall be provided with appropriate adaptations to the educational program as recommended by the Language Proficiency Assessment Committee.(5) An individual plan shall be developed or modified for each youth. The plan shall be written in a language the youth clearly understands. The plan shall address the reasons for admission to the program, including providing strategies for intervention and prevention of the admitting behavior, include a component that addresses transition to the general campus population, and provide clearly written objectives for completion of the program. The plan shall also take into consideration any recommendations by a mental health specialist to address the motivation for the behavior.(6) TJJD procedural manuals will set out how the individual plan and youth's progress will be reviewed and evaluated. This review shall occur at least once every seven days.(7) Youth in the moderate and intensive levels of the intervention program are provided daily contact and weekly individual sessions with the assigned case manager or other designated staff for counseling and case management services. (8) Staff shall immediately refer a youth to a mental health professional if concerns exist as to the youth's mental health status.(9) Youth shall be provided with at least one hour of large-muscle exercise seven days per week. (10) Youth are allowed phone calls and visitation with approved family members and other individuals according to program visitation procedures.(11) A youth in the moderate level of the program:(A) earns privileges based on progress through the program; (B) shall be gradually reintegrated into campus programming as soon as he/she demonstrates comprehension of the goals established in the individual plan; and(C) shall receive weekly mental health status exams by mental health staff as long as the youth's movement and program activities are restricted to the program unit. If deemed necessary by mental health staff, youth shall receive psychological counseling. Psychological counseling will be at the frequency determined appropriate by the mental health professional providing the counseling.(12) A youth in the intensive level of the program:(A) earns privileges based on progress through the program; and(B) shall receive weekly mental health status exams by mental health staff. If deemed necessary by mental health staff, youth receive psychological counseling. Psychological counseling will be at the frequency determined appropriate by the mental health professional providing the counseling.(13) For youth assigned to the primary and moderate levels, staff not assigned to the intervention program shall review each youth's progress at least once every 30 days to ensure the individual plan is being implemented appropriately.(14) For youth assigned to the intensive level, staff not assigned to the intervention program shall review each youth's progress when the youth has been at that level for 60 days and every 30 days thereafter to ensure the individual plan is being implemented appropriately.(15) A youth may remain in the moderate level of the program for more than 90 days only if approved by the executive director or designee.(16) A youth may remain in the intensive level of the program for more than 120 days only if approved by the executive director or designee.(17) In all levels of the program, mechanical restraints may be used in a manner consistent with the use of such restraints as provided by §380.9723 of this chapter. In the intensive level of the program only, mechanical restraints may also be used in a manner consistent with the use of such restraints in a security unit as provided by §380.9723 of this chapter. (i) Room Isolation and Security Unit.(1) Youth may be referred to the security program while assigned to the intervention program if the youth meets criteria in §380.9740 of this chapter. A security unit and program may be operated at the location of each level of the intervention program. (2) Room isolation may be used as necessary in accordance with §380.9739 of this chapter.(j) Criteria for Release from the Intervention Program. A youth shall be released from the intervention program upon the earliest of the following events:(1) a determination by the executive director or designee that the youth has: (A) met the goals in his/her individual plan; and(B) based on a totality of circumstances, demonstrated an ability to safely transition to campus programming; or(2) a decision by the executive director or designee to return the youth to the youth's assigned dorm or transfer to an alternative placement based on a recommendation by a mental health professional due to the youth's mental health condition; or(3) a decision by appropriate staff not to continue the youth in the intervention program after an administrative transfer of the youth to another high-restriction facility while assigned to the intervention program.(k) Family Notification. The youth's parent/guardian shall be notified of the decision to place the youth in the intervention program no later than the end of the next business day following the day the decision was made. In accordance with §380.8705 of this chapter, the notification may occur only with the youth's consent if the youth is 18 years of age. (l) Program Monitoring and Youth Rights.(1) To ensure the intervention program is being implemented according to the provisions of this rule, staff from facility administration shall visit each program unit seven days per week. Staff from psychology administration shall visit each program unit weekly.(2) Youth rights staff or a designee shall visit each program unit seven days per week to ensure that youth have access to the youth grievance system. (3) Staff are not required to visit a program unit on days when there are no youth in that unit.(m) Grievance Regarding Assessment of Progress. A youth in the intervention program may address disagreement with the results of an assessment of progress or may address the lack of opportunity to demonstrate completion of requirements by filing a grievance in accordance with §380.9331 of this chapter. The person assigned to respond to the youth's grievance may not be a person involved in the subject of the youth's grievance.</content><note type="source"><p>Source Note: The provisions of this §380.9510 adopted to be effective May 19, 2023, 48 TexReg 705; amended to be effective July 15, 2024, 49 TexReg 5152.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9520"><num value="380.9520">§380.9520</num><heading>Regulation Break for Youth out of Control</heading><content>(a) Purpose. This rule provides for the temporary removal of a youth as a regulation break when the youth appears to have temporarily lost control of behavior, including short-term confinement in a locked room if the youth meets certain criteria. The regulation break is intended to allow the youth time to regain self-control, avoid maladaptive or dangerous behaviors, and demonstrate skillful behaviors and commitment to safety. Removal addressed in this rule is not a disciplinary consequence and is generally in a location near the activity in process.(b) Definitions.(1) Regulation Break--the temporary removal of a youth from an activity at the request of either staff or the youth and placement of the youth in an unlocked area.(2) Directed Regulation Break--the confinement of a youth in a locked room when the youth is out of control and the youth's behavior poses a serious and immediate physical danger to others.(c) Applicability.(1) This rule applies to residential facilities operated by the Texas Juvenile Justice Department.(2) This rule does not apply to a youth referred to the Security Program. See §380.9740 of this chapter (relating to Security Program).(d) General Provisions.(1) Regulation Break.(A) The purpose of a regulation break is to allow a youth who appears to have temporarily lost control of the youth's behavior the ability to be removed from the current program and placed in an unlocked area to allow the youth time to regain self-control.(B) Either the youth or staff may request that a youth be placed on a regulation break. A youth's group may not request the youth be placed on a regulation break.(C) If staff request the regulation break, the reason for the request is explained to the youth, and the youth is given the opportunity to explain the maladaptive behavior and demonstrate skillful behavior and commitment to safety. The youth may assist in determining readiness to resume regular activity.(D) The youth must be joined or visually checked by staff at least every 15 minutes. The youth may require more frequent checks under a different rule or policy.(2) Directed Regulation Break(A) A youth may be placed on a directed regulation break if the youth is out of control and the youth's behavior poses a serious and immediate physical danger to others.(B) A directed regulation break occurs in a locked room.(C) The directed regulation break must be in individual youth sleeping quarters or a room specifically designated for directed regulation breaks. The room must:(i) be heated, cooled, and ventilated;(ii) have a minimum ceiling height of 7.5 feet when measured from the floor to the lowest point of the ceiling; and(iii) be equipped with a viewing window that allows staff to observe the youth.(D) The reason for the directed regulation break is explained to the youth, and the youth is given the opportunity to explain the maladaptive behavior and demonstrate skillful behavior and commitment to safety.(E) The youth must be joined or visually checked by staff at least every 15 minutes. The youth may require more frequent checks under a different rule or policy.(F) The directed regulation break must be terminated as soon as the youth is sufficiently under control as to no longer pose a serious and immediate danger to others. The youth may assist in determining readiness to resume regular activity.(G) Youth in a directed regulation break must receive room checks and appropriate psychological and medical services.(H) A directed regulation break may not be used for a youth on suicide alert status.(I) Youth may not be placed in a directed regulation break if the youth requested the regulation break unless the youth is out of control and the youth's behavior poses a serious and immediate physical danger to others.(e) Institutions.(1) The total time a youth may be on a regulation break and/or a directed regulation break is 180 minutes, regardless of whether one or both types of breaks are used.(2) If a youth on a regulation break exhibits an escalation in behavior to the point that the youth is out of control and the behavior poses a serious and immediate physical danger to others and less restrictive interventions have failed, the youth may be placed in a directed regulation break for the remaining portion of the 180 minutes. If the youth is unable to regain control after 180 minutes, staff should take other measures, such as referring the youth to the regulation and safety unit.(3) Combining regulation breaks to circumvent the intent of the time limit is prohibited.(f) Halfway Houses.(1) A regulation break is limited to 90 minutes. If the youth is unable to regain control after 90 minutes, staff should take other measures. Directed regulation breaks are not permissible in halfway houses.(2) Youth may not be placed in a regulation break in their bedrooms.</content><note type="source"><p>Source Note: The provisions of this §380.9520 adopted to be effective September 15, 2025, 50 TexReg 5716.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9550"><num value="380.9550">§380.9550</num><heading>Definitions--Due Process Hearings</heading><content>The following words and terms, as used in this subchapter, have the following meanings unless the context clearly indicates otherwise.(1) Advocate--a TJJD employee, contract employee, or enrolled volunteer assigned to represent the youth at a Level II, III, or IV hearing who is trained by TJJD to serve as an advocate.(2) Community Detention--temporary placement of a youth in a community detention facility pending a Level I or II hearing.(3) Community Detention Facility--a local detention facility designed for juveniles or adults, including jails.(4) Detention Hearing--the court hearing required by the Texas Family Code to determine whether conditions exist to justify the detention of a juvenile.(5) Due Process--the constitutional concept that proceedings must be fair and that a person is entitled to, at a minimum, notice and an opportunity to be heard by a neutral decision maker when the person's liberty or property is at stake.(6) Extenuating Circumstances--facts that do not rise to the level of a legal defense but that do provide a reasonable explanation for the youth's behavior, such as:(A) the only property involved in the offense was of minimal value and the youth returned it undamaged to its owner;(B) the only bodily injury intended or inflicted by the youth consisted of brief or minor discomfort;(C) the youth's conduct was an impulsive response to perceived provocation and posed no threat to persons or property; or(D) the youth was persuaded to participate in the offense by a parent or other authority figure.(7) Hearing Examiner--an attorney employed by the Texas Juvenile Justice Department (TJJD) who determines if there is a preponderance of evidence presented at a Level I hearing to prove the youth committed an alleged rule violation. The hearing examiner also determines if the requested dispositions will be imposed.(8) Hearing Manager--an impartial person who determines if there is a preponderance of evidence presented at a Level II hearing to prove the youth committed an alleged rule violation. The hearing manager also determines if the requested dispositions will be imposed.(9) High-Restriction Facility--has the meaning assigned under §380.8527 of this title.(10) Institution Detention--temporary placement of youth in the security unit at a high-restriction facility as described in §380.9559 and §380.9561 of this title.(11) Institutional Status--the status assigned to all youth who have not yet been released on parole or who have had their parole status revoked through a Level I hearing. Youth may be on institutional status while assigned to high- or medium-restriction placements.(12) Non-Disciplinary Reasons--reasons not related to a violation of rules that transfer to a higher restriction assignment is necessary, such as:(A) the youth has treatment, educational, medical, or other needs that cannot be met at the current placement; or(B) there is no longer a home placement available for the youth.(13) Parole Status--the status assigned to all youth who have been released on parole. Youth may be on parole status while assigned to a medium-restriction placement or an approved home or home substitute.(14) Preponderance of Evidence--a standard of proof meaning the greater weight and degree of credible evidence admitted at the hearing (e.g., whether the credible evidence makes it more likely than not that a particular proposition is true).(15) Staff Representative--the person assigned to assemble and present the allegation(s) and evidence at a hearing.(16) Referring Staff--the TJJD employee or contract employee who requests detention for a youth.</content><note type="source"><p>Source Note: The provisions of this §380.9550 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9551"><num value="380.9551">§380.9551</num><heading>Level I Hearing Procedure</heading><content>(a) Purpose. This rule establishes the due process procedure to be followed when seeking to revoke the parole status of a youth due to behavior that presents an unacceptable risk to the safety of persons and property. (b) Definitions. Definitions pertaining to this rule are under §380.9550 of this title. (c) General Provisions.(1) A Level I hearing is required to revoke a youth's parole status. Parole status may be revoked if it is found that a youth has committed a law violation or a parole rule violation as established in §380.9504 of this title and:(A) revocation is determined to be in the best interest of the youth or community; and/or(B) the youth is found to be in need of further rehabilitation at a residential facility operated by the Texas Juvenile Justice Department (TJJD) or under contract with TJJD. (2) The hearing examiner must consider the following information to determine if parole revocation is appropriate:(A) the severity of the offense(s) found true at the hearing;(B) any behavioral or adjustment issues while on parole and the steps taken by the staff representative to address those issues;(C) whether or not the youth's conduct while on parole presents a threat to persons or property;(D) reasons the youth is in need of services offered at a TJJD or contract facility; (E) whether appropriate community-based alternatives have been exhausted;(F) any impact statement(s) written by the victim(s);(G) any participation in constructive activity; and(H) any extenuating circumstances.(3) The youth must be assisted by an attorney at the hearing. The agency will appoint an attorney for indigent youth from the list of defense attorneys who contract with TJJD for this purpose. (4) A Level I hearing on any allegation(s) must be requested as soon as possible but no later than seven days after the date of the alleged offense, excluding weekends and holidays, except when:(A) TJJD staff documents that it was impossible, impractical, or inappropriate to have requested the hearing sooner; or(B) local authorities make a written request that TJJD defer an allegation to their jurisdiction for prosecution; or(C) TJJD staff elects to defer a Level I hearing on all allegations of misconduct due to criminal allegation(s) pending or filed as adult charges, except that if the pending charge is a first degree felony or capital offense, there must be a written request as described in subparagraph (B) of this paragraph to defer the allegation. (5) TJJD may re-issue a directive to apprehend and request a Level I hearing concerning new or previously deferred allegation(s) if later circumstances make such action appropriate.(6) If a youth is on parole from another state and is being supervised by TJJD under agreement with the other state, a parole revocation hearing may be held by TJJD and the youth may be returned to the sending state. Such a hearing is coordinated by the Texas Interstate Compact for Juveniles Office and the TJJD Office of General Counsel.(7) If a TJJD parolee commits an offense in another state, the return of the youth is coordinated by the Texas Interstate Compact for Juveniles Office and the TJJD Office of General Counsel. A parole revocation hearing is coordinated by and held at the request of the assigned TJJD staff representative.(d) Notice.(1) The staff representative must provide the youth with written notice of the date and time of the hearing not less than three working days before the scheduled hearing date. This notice must include:(A) the reason(s) for the hearing;(B) the proposed action to be taken; and(C) the youth's rights in connection with the hearing.(2) If the youth is under 18 years of age, the staff representative must make reasonable efforts to inform the youth's parent/guardian of the date, time, and location of the hearing and the reasons for the hearing not less than three working days before the scheduled hearing date. If the youth is 18 years of age or older, this notice may be provided only with the youth's written authorization.(3) The staff representative must provide the youth's attorney with written notice of the date, time, and location of the hearing and the reasons for the hearing not less than three working days before the scheduled hearing date. The notice to the attorney must also include:(A) the name, address, and telephone number of the staff representative and the hearing examiner;(B) a list of all witnesses the staff representative intends to call;(C) an indication of the expected testimony of each witness;(D) copies of any statements made by the youth;(E) copies of any statements, affidavits, reports, or other documentation relied upon as grounds for the proposed action; and(F) copies of any reports or summaries that will be relied upon at disposition.(4) The staff representative must provide the youth's attorney with reasonable access to all information held by TJJD concerning the youth. The youth's attorney must respect the confidential nature of this information and must comply with TJJD requests to withhold sensitive information from the youth or the youth's family.(5) As soon as possible after receiving the hearing notice and no later than the commencement of the hearing, the youth's attorney must inform the staff representative of any witnesses he/she wishes to call on behalf of the youth. If necessary and possible, the staff representative must assist the youth's attorney in contacting those witnesses and securing their attendance at the hearing.(6) The staff representative must ensure that all witnesses he/she intends to call are given written notice of the time, date, and location of the hearing not less than three days before the hearing.(e) Evidence.(1) All factual issues are determined by a preponderance of evidence.(2) The Texas Rules of Evidence generally apply to the fact-finding portion of the hearing. Unless specifically precluded by statute, evidence that is not admissible under those rules may be admitted if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. Criminal exclusionary rules do not apply in TJJD hearings.(3) The hearing examiner must determine the admissibility of evidence. Irrelevant, immaterial, or unduly repetitious evidence is excluded.(4) A judgment from a court indicating a youth has pled guilty or true to an offense and has not received deferred adjudication or deferred prosecution is sufficient to prove the youth committed the offense.(5) Copies of due process hearing documents need not be certified if these documents are part of the youth's record(s) or have been received through the Interstate Compact for Juveniles. These documents are considered reliable and admissible for all purposes.(6) Accomplice testimony is sufficient to prove an allegation if it is corroborated by other evidence tending to connect the youth with the alleged violation. The corroboration is not sufficient if it merely shows the commission of the alleged violation. If two accomplices testify, the testimony of each may serve to corroborate the other.(7) Legally recognized privileges of relationships are given effect.(8) Evidence that is otherwise admissible may be received in written form if doing so will expedite the hearing and will not significantly prejudice the rights or interests of the youth. This includes but is not limited to use of affidavits admitted to show the following:(A) ownership and lack of consent;(B) identity of signature on instrument and lack of consent of complaining witness in a forgery case;(C) lack of permission to leave designated placement;(D) chain of custody;(E) identity of substance found in urine sample; and(F) identity of controlled substance found in youth's possession.(9) A youth's written statement concerning his/her possible involvement in an alleged violation is admissible if it is signed by the youth and accompanied by evidence indicating that the youth made the statement voluntarily after being advised of:(A) the right to remain silent;(B) the possible consequences of giving the statement;(C) the right to consult with an attorney prior to giving the statement; and(D) the right to have an attorney provided if the youth is indigent.(10) A youth's non-recorded oral statement is admissible if it: (A) relates facts that are found to be true and that tend to establish the youth's guilt; or(B) was res gestae of the conduct that is the subject of the hearing or the arrest; or(C) does not stem from law enforcement or TJJD staff questioning of youth, even if the statement does not meet criteria in subparagraph (A) or (B) of this paragraph; or(D) is voluntary and bears on the youth's credibility as a witness, even if the statement stems from law enforcement or TJJD staff questioning of the youth.(11) A youth's recorded oral statement (i.e., audio recorded or visually or otherwise electronically recorded) concerning his/her possible involvement in illegal activities is admissible if it is accompanied by evidence on the recording that it was given after the youth was advised of the rights in paragraph (9) of this subsection. All voices on the recording must be identified and the recording must be accurate and unaltered. A transcript of the recordings is not sufficient. (12) A youth's admissible out-of-hearing/court statement admitting he/she committed an offense is sufficient to prove the offense only if it is corroborated by other evidence that the offense was committed.(f) Hearing Process.(1) The hearing must be conducted by an impartial hearing examiner appointed by the TJJD general counsel. (2) The TJJD staff member requesting a hearing must appoint a staff representative to appear at the hearing and to present the reasons for the proposed action. The staff representative is also responsible for making relevant information available to all parties to the hearing.(3) The hearing must be held in the community where the alleged rule violation occurred unless the hearing examiner directs that it be held in another location and determines that doing so will not deprive the youth of his/her due process rights.(4) All necessary parties must be present at the hearing site unless the hearing is conducted by telephone pursuant to §380.9553 of this title.(5) With the consent of the parties, witnesses may appear via telephone or video conference unless the hearing examiner determines that doing so will deprive the youth of his/her due process rights. If a witness appears via telephone or video conference, all required participants must be able to simultaneously hear one another. (6) At the request of the staff representative or defense attorney, the hearing examiner may sign and issue a subpoena to compel the attendance of a necessary witness at the hearing or the production of books, records, papers, or other objects. A person who testifies falsely, fails to appear when subpoenaed, or fails or refuses to produce material under the subpoena is subject to the same orders and penalties as a person who takes those actions before a court.(7) Before the hearing, the hearing examiner may review copies of any documentation previously provided to the youth's attorney except for those documents that relate solely to dispositional criteria. The hearing examiner may review information relating solely to dispositional criteria only if the hearing proceeds to disposition.(8) To protect the confidential nature of the hearing, persons other than the youth, the youth's attorney, the staff representative, and the youth's parent/guardian may be excluded from the hearing room at the discretion of the hearing examiner; however:(A) observers may be permitted with the consent of the youth and the youth's attorney; and(B) any person except the youth's attorney or the staff representative may be excluded from the hearing room if his/her presence causes undue disruption or delay of the hearing. The reason(s) for the youth's exclusion must be stated on the record.(9) A victim who appears as a witness must be provided a waiting area that eliminates or minimizes contact between the victim and the youth, the youth's family, and witnesses on behalf of the youth.(10) The hearing is conducted in two parts: fact-finding and disposition.(A) The purpose of the fact‑finding is to establish whether there is a preponderance of evidence to prove the youth engaged in the alleged misconduct. (B) The purpose of the disposition is to determine whether revocation of parole status is appropriate under the circumstances. (11) The hearing must be recorded. The hearing examiner must retain copies of all documents admitted into evidence. Physical evidence may be retained at the discretion of the hearing examiner; however, if it is not retained, an adequate description of the item(s) must be entered in the record by oral stipulation.(12) Factual issues not in dispute may be stipulated by the staff representative and the youth's attorney. Such stipulations must be made on the record of the hearing.(13) The youth must be given the opportunity to respond "true" or "not true" to each allegation before any evidence concerning the allegation is heard.(A) The youth has a right to respond "not true" to each allegation and to require that proof of the allegation be presented at the hearing.(B) A response of "true" to any allegation is sufficient to establish each and every element necessary to prove that allegation without the presentation of any other evidence.(14) The hearing examiner must administer an oath to all witnesses to testify truthfully.(15) With the exception of the youth and the staff representative, any person designated as a witness may be excluded from the hearing room during the testimony of other witnesses and may be instructed to refrain from discussing his/her testimony with anyone until all the witnesses have been dismissed.(16) The hearing examiner may question each witness at the hearing examiner's discretion. The youth's attorney and the staff representative must be given an opportunity to question each witness.(17) The hearing examiner may allow a witness to testify outside the presence of the youth if doing so appears reasonable and necessary to secure the testimony of the witness. If the youth is excluded from the hearing room during testimony, the youth's attorney must be present during the testimony and must have the opportunity to review the testimony with the youth before questioning the witness.(18) The youth may not be called as a witness unless, after consulting with his/her attorney, the youth waives his/her right to remain silent on the record.(A) The youth's decision not to testify does not create a presumption against him/her.(B) A youth who waives his/her right to remain silent may be questioned only concerning those issues addressed by the youth's testimony.(19) The hearing examiner must rule immediately on any motions or objections made in the course of the hearing. The motions, objections, and rulings must be included in the hearing examiner's written report.(20) The hearing examiner may, upon his/her own motion or the good cause motion of any party, recess or continue the hearing when doing so is necessary to ensure an informed fact finding.(21) After the presentation of all evidence pertaining to the factual issues raised at the hearing, the hearing examiner must announce his/her findings on those issues.(A) The hearing examiner may find that the evidence suffices to prove conduct other than the conduct that was originally alleged if the original allegation gave sufficient notice of the conduct proved.(B) Regardless of the evidence, the hearing examiner may not find a criminal offense more serious than the offense that was originally alleged unless the original allegation has been amended on the record and after notice to the youth's attorney.(C) If the hearing examiner finds any allegation to be true, the hearing proceeds to disposition. If the hearing examiner does not find any allegation to be true, the hearing is adjourned with no change in the youth's status.(22) In the disposition phase, the staff representative presents evidence to establish why he/she believes the youth's parole status should be revoked. The youth is given the opportunity to present evidence as to why his/her parole status should not be revoked, including evidence of extenuating circumstances. (23) The evidence considered during disposition may be in the form of testimony from witnesses submitted during fact-finding or disposition, as well as written reports offered by youth, staff, professionals, counselors, or consultants. Relevant documents contained in the youth's record may be admitted and considered. All written documents to be offered must be provided to the parties no later than three days before the hearing unless otherwise waived. Hearsay evidence is admissible in disposition.(24) Parole status may be revoked if the hearing examiner determines that revocation is:(A) in the best interest of the youth; and/or (B) in the best interest of the community; and/or(C) the youth is in need of further rehabilitation at a residential facility operated by TJJD or under contract with TJJD. (25) If parole is revoked, the youth is assigned a minimum length of stay in accordance with §380.8525 of this title, based on the most serious offense found true at the hearing. This minimum length of stay may be reduced in accordance with §380.8525 of this title.(26) If the hearing examiner determines there are extenuating circumstances, the hearing examiner must take that into account when determining if the criteria for parole revocation exist. If, despite a finding of extenuating circumstances relevant to the proven offense, the hearing examiner finds revocation is appropriate under the circumstances, the youth's parole status will be revoked but the assigned minimum length of stay will be reduced, as determined by the hearing examiner.(27) If the youth's parole status is not revoked, lesser disciplinary consequences may be imposed for any rule violation(s) proved at the hearing.(28) After announcing the disposition decision, the hearing examiner must inform the youth of the right to appeal any or all findings and decisions made at the hearing. (29) Immediately after the hearing is closed, the hearing examiner must give the youth a copy of the hearing report form.(30) The hearing examiner's decision is effective and implemented when announced at the hearing, even if the youth appeals and a response is pending. (31) As soon as possible after the hearing is closed, the hearing examiner must prepare a written report that includes:(A) a summary of the evidence presented;(B) findings of fact, including the reliability of the evidence and the credibility of the witnesses, and the reasons for those findings;(C) conclusions of law;(D) an explanation of the dispositional decision; and(E) rulings made on motions and objections and the reasons for those rulings.(32) Copies of the hearing examiner's report must be provided to the youth, the youth's attorney, and the staff representative.</content><note type="source"><p>Source Note: The provisions of this §380.9551 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9553"><num value="380.9553">§380.9553</num><heading>Level I Hearing by Telephone</heading><content>(a) Purpose. This rule allows for a Level I due process hearing to be conducted by telephone when doing so will not significantly diminish a youth's due process rights.(b) General Provisions.(1) A Level I hearing may be conducted by telephone only if:(A) the youth waives, in writing, the on-site presence of a hearing examiner after consulting with his/her attorney;(B) the youth's attorney notifies the TJJD Legal Department at least one working day before the scheduled hearing that the youth wishes to answer "true" to the allegation(s) against him/her;(C) the staff representative has no objection to the hearing being conducted by telephone; and(D) the appropriate authorization form has been properly executed.(2) If the hearing examiner agrees to hold the Level I hearing by telephone:(A) the hearing examiner participates by telephone;(B) the staff representative must be present with the youth at the time and place designated for the hearing; and(C) the youth's attorney may participate by telephone or be present with the youth and staff representative.(3) All required participants must be able to simultaneously hear one another.(4) A telephone hearing must be conducted according to the rules of evidence and procedure that apply to Level I hearings as set forth in §380.9551 of this title.(5) The hearing examiner must adjourn the telephone hearing and require an on-site hearing if the hearing examiner determines that:(A) a youth is not knowingly and voluntarily responding "true" to the allegation(s) presented at the hearing; or(B) an on-site hearing is necessary for any other reason to ensure the youth's due process rights are protected.(6) The hearing examiner who adjourns a telephone hearing may subsequently conduct the on-site hearing unless the youth or the youth's attorney objects.</content><note type="source"><p>Source Note: The provisions of this §380.9553 adopted to be effective December 31, 1996, 21 TexReg 12189; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9555"><num value="380.9555">§380.9555</num><heading>Level II Hearing Procedure</heading><content>(a) Purpose. This rule establishes the procedure to be followed to ensure youth are afforded appropriate due process before certain actions are taken.(b) Definitions. Definitions pertaining to this rule are under §380.9550 of this title unless otherwise defined within this rule.(c) Applicability. A Level II hearing is appropriate due process in the following instances:(1) imposing a disciplinary consequence designated as a major consequence in accordance with §380.9503 of this title;(2) placing a youth in the moderate or intensive level of the intervention program in accordance with §380.9510 of this title;(3) transferring a parole-status youth from a home or home substitute to a medium-restriction facility for non-disciplinary reasons;(4) transferring an institutional-status youth who was initially assigned to a medium-restriction facility in accordance with §380.8521 of this title to a high-restriction facility for non-disciplinary reasons;(5) transferring a conditionally placed youth to a higher-restriction facility pursuant to §380.8545 of this title;(6) with a few exceptions in procedure as identified in §380.9571 of this title:(A) admitting a youth to a Texas Juvenile Justice Department (TJJD)-operated crisis stabilization unit; and(B) extending the time to treat a psychiatric disorder in connection with a crisis stabilization unit placement (as appropriate); or(7) depositing into the student benefit fund money possessed by a youth in a residential program in violation of §380.9503 of this title.(d) Criteria.(1) In order for a youth to receive a major consequence, in accordance with §380.9503 of this title, or have contraband money seized and placed in the student benefit fund, the hearing manager shall find:(A) the youth committed an eligible rule violation; and(B) there are no extenuating circumstances, as defined by §380.9550 of this title.(2) In order for the youth to be placed in the moderate or intensive level of the intervention program, the hearing manager must find the youth committed an eligible rule violation.(3) In order for a youth to be transferred to a higher-restriction placement for non-disciplinary reasons, the hearing manager must find that there are no less restrictive placements appropriate and available for the youth.(4) In order for a conditionally placed youth to be transferred to a higher-restriction placement, the hearing manager must find one or more of the criteria required in §380.8545 of this title.(5) For criteria for admission to or extension in a crisis stabilization unit, see §380.8767 of this title.(e) Requesting the Hearing.(1) The appropriate staff person, as specified by TJJD procedural manuals, must request permission to schedule a hearing from the facility administrator, parole supervisor, contract case management supervisor, or their designees. The hearing must be requested and scheduled as soon as practical but no later than seven days, excluding weekends and holidays, after the alleged violation or discovery of the alleged violation.(2) For hearings involving a non-disciplinary transfer or transfer from a conditional placement, the youth may waive the hearing and agree to the transfer. The waiver must be in writing. If the youth does not waive the hearing, the hearing must be held before the transfer. However, if good cause compels a pre-hearing transfer, the hearing must be held no later than three calendar days after the transfer.(3) Failure to meet any timeline in this subsection must be justified with documentation of circumstances that made it impossible, impractical, or inappropriate to meet the deadline. Failure to document these justifications may result in a dismissal of the allegations or a reversal of the decision(s) of the hearing manager.(f) Hearing Manager.(1) The hearing manager must be a TJJD employee trained to function as a hearing manager. The hearing manager must be impartial and may not be a person who:(A) witnessed any part of the alleged violation(s);(B) made any prior decisions regarding the youth based on the alleged violation; or(C) is directly responsible for supervising the youth.(2) If the youth is currently assigned to a halfway house, the hearing manager may not be a member of the halfway house staff.(3) If the youth is currently assigned to a contract program, the hearing manager may not be the TJJD case management specialist assigned to that youth.(4) If the youth is currently assigned to his/her home, the hearing manager may not be the parole officer or parole supervisor assigned to the youth's case.(g) Staff Representative.(1) The staff representative shall be a TJJD employee trained to function as a staff representative.(2) The staff representative is responsible for assembling all evidence, giving all required notices, and presenting evidence at the hearing.(h) Advocate.(1) A TJJD employee, contract employee, or volunteer who has been trained to serve as an advocate shall assist the youth. If a youth hires his or her own counsel, then no advocate will be appointed.(2) The youth is given the opportunity to choose an advocate from among those trained. The youth's choice shall be honored unless there is a showing of unavailability of the requested advocate. If the youth does not choose an advocate or the requested advocate is unavailable, an advocate will be appointed.(3) The advocate may not be a person who was a witness to the alleged violation.(4) If the youth is not proficient in the English language, the advocate must be proficient in English and in the youth's primary language or an interpreter shall be used.(i) Notice.(1) Not later than 24 hours before the hearing, the youth and the youth's advocate shall be given:(A) written notice of the reasons for calling the hearing;(B) written notice of the proposed action to be taken;(C) written notice and copies of the evidence to be relied upon; and(D) written notice of the following rights of the youth:(i) the right to remain silent;(ii) the right to be assisted by an advocate in the hearing process;(iii) the right to confront and cross-examine adverse witnesses who testify at the hearing;(iv) the right to contest adverse evidence admitted at the hearing;(v) the right to call readily available witnesses and present readily available evidence on his/her own behalf at the hearing; and(vi) the right to appeal the results of the hearing. The right to appeal cannot be waived.(2) Staff currently employed at and youth currently residing at the location of the hearing are considered to be "readily available" and shall be called to testify at the youth's request. If there are unusual circumstances that would prevent the witness from attending in person or by phone or videoconference, the hearing may be postponed or continued to allow a witness's testimony. If the witness's testimony cannot be secured within a reasonable time, the hearing may proceed without the witness. The reasons for proceeding without requested witnesses shall be documented and placed in the hearing record.(3) Evidence is considered "readily available" if it is within the control of any TJJD staff member at the location of the hearing or is otherwise easily attainable. Video created by TJJD, such as body-worn-camera video and surveillance video, is generally considered "readily available" and shall be shown to the youth if used as evidence during the hearing. The reasons for excluding requested evidence must be documented and placed in the hearing record.(4) All youth in TJJD facilities and contract placements shall be given the hearing packet (all written materials relied upon and a list of witnesses) at least 24 hours before the hearing. The paperwork may be taken away from the youth if the youth is misusing the papers in any way.(5) After receipt of the written notice and consultation with the advocate, the youth may waive the 24-hour-notice period by agreeing, in writing, to an earlier hearing time.(6) If the youth is younger than 18 years of age, reasonable efforts shall be made to inform the youth's parent/guardian of the time and place of the hearing at least 24 hours before the hearing. If the youth is 18 years of age or older, such notice may be provided only with the youth's authorization to release the information.(j) Location of Hearing, Youth's Presence at Hearing, and Official Record of Hearing.(1) The hearing shall be held where the youth resides unless the hearing manager determines another site is more appropriate.(2) The hearing shall be recorded. The recording is the official record of the hearing. The recording and the hearing packet shall be preserved for six months after the hearing.(3) The youth shall be present during the hearing unless the youth waives his/her presence, his/her behavior prevents the hearing from proceeding in an orderly and expeditious fashion, or his/her temporary removal from the hearing room is necessary to secure the testimony of a witness.(A) A voluntary waiver of the youth's presence must be in writing and signed by the youth and his/her advocate. If the youth does not sign the waiver for any reason, his/her presence is not waived.(B) If a youth is excluded from the hearing for behavioral reasons or to secure the testimony of a witness, the reason(s) for the exclusion shall be documented in the hearing record. The advocate shall be present during the testimony and must have the opportunity to question the witness.(C) A true plea cannot be entered on behalf of a youth who has waived his/her presence at the hearing.(4) A victim who appears as a witness shall be provided a waiting area where he/she is not likely to come in contact with the youth or the youth's parent/guardian except during the hearing.(5) To protect the confidential nature of the hearing, persons other than the youth, the youth's advocate, the staff representative, and the youth's parent/guardian may be excluded from the hearing room at the discretion of the hearing manager; however, any person except the staff representative or the youth's advocate may be excluded from the hearing room if his/her presence causes undue disruption or delay of the hearing. The reason(s) for the exclusion(s) shall be stated on the record.(6) The hearing may be held by conference call or videoconference. If the hearing is held by conference call or videoconference, all required participants must be able to simultaneously hear one another.(k) Hearing Process.(1) Except as provided by paragraphs (2) and (3) of this subsection, hearings consist of two parts: fact finding and disposition. During the fact-finding portion of the hearing, only evidence concerning the alleged violation(s) may be considered. The youth's prior behavior may not be discussed or considered unless disposition is reached. In the disposition phase, the youth will be given the opportunity to present evidence of extenuating circumstances.(2) The following types of hearings consist only of fact finding to determine if the criteria for transfer are met:(A) non-disciplinary transfer hearings; and(B) conditional placement transfer hearings requested because the conditional placement is no longer a viable option.(3) A mental health status review hearing consists only of fact finding to determine if the criteria for admission or extension in a crisis stabilization unit are met.(4) The youth shall be given the opportunity to plead "true" or "not true" to each allegation. If the youth pleads "true," the hearing manager shall ask questions of the youth to ensure he/she did so voluntarily and that he/she did commit the violation.(5) If the youth pleads "not true," the staff representative has the burden of proving by a preponderance of evidence that the youth did commit the alleged violation(s).(6) Witnesses shall take an oath before testifying. Witnesses may testify by phone or videoconference if in-person testimony is impractical or unfeasible. If testimony is provided by phone, persons required to be present at the hearing must be able to simultaneously hear the testimony.(7) The hearing manager, staff representative, and advocate may question each witness in turn.(8) With the exception of the youth or staff representative, any person designated as a witness may be excluded from the hearing room during the testimony of other witnesses and may be instructed to refrain from discussing his/her testimony with anyone until all the witnesses have been dismissed.(9) The hearing manager may permit a witness to testify outside the presence of the youth if doing so appears reasonable and necessary to secure the testimony of the witness. If the youth is excluded from the hearing room during testimony, the advocate for the youth must be present during the testimony and must have the opportunity to review the testimony with the youth before questioning the witness.(10) The youth may not be called as a witness unless, after consulting with the advocate, he/she waives on the record his/her right to remain silent. Neither the hearing manager nor the staff representative may question the youth unless he/she waives the right to remain silent.(A) The youth's failure to testify shall not create a presumption or inference against him/her.(B) A youth who waives the right to remain silent may be questioned concerning only those issues addressed by his/her testimony.(11) All credible evidence may be considered, irrespective of its form.(12) The standard of proof for all disputed issues is a preponderance of evidence.(13) The hearing manager may recess or continue the hearing for such period(s) of time as may be necessary to ensure an informed and accurate fact finding or to secure evidence the hearing manager determines may be relevant.(14) After all evidence has been presented, the staff representative and advocate may offer summation statements.(15) The hearing manager shall announce his/her findings of fact.(16) If there is a finding of true, the hearing manager shall proceed to disposition, unless the hearing consists only of fact finding as described in paragraphs (2) and (3) of this subsection. During disposition, the hearing manager shall provide the youth an opportunity to present evidence of extenuating circumstances. If no extenuating circumstances are found, the hearing manager shall make the disposition finding of which the youth was given notice.(17) If the hearing manager finds extenuating circumstances incident to the rule violation(s) proved at the hearing, the youth may not be assigned any consequence designated as a major consequence in accordance with §380.9503 of this title. However, the true finding will remain in the youth's disciplinary record and may be considered by the youth's treatment team or parole officer in determining appropriate actions to address the youth's behavior. If extenuating circumstances are found incident to a youth's possession of prohibited money, the hearing manager determines the appropriate way to dispose of the money. A finding of extenuating circumstances does not prohibit placement of a youth in the intervention program under §380.9510 of this title, but the admission review shall take the finding into account.(18) A hearing manager's decision to impose a disciplinary consequence is final, subject to appeal. However, the youth's treatment team may reduce or suspend the imposition of the consequence if warranted.(19) The hearing manager shall prepare a report of his/her findings, which includes the grounds for the hearing, the evidence relied upon, and the decision.(20) After the hearing manager announces his/her decision, he/she shall inform the youth of the youth's right to appeal to the executive director or designee. The hearing manager's decision is implemented even if the youth appeals and the response is pending.(21) A copy of the hearing report shall be given to the youth immediately after the hearing is closed.(22) The hearing manager's report shall be reviewed by the appropriate supervisor, institutional superintendent, halfway house superintendent, or parole supervisor, as are all disciplinary reports, to ensure consistency in the application of policy.</content><note type="source"><p>Source Note: The provisions of this §380.9555 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9557"><num value="380.9557">§380.9557</num><heading>Level III Hearing Procedure</heading><content>(a) Purpose. This rule establishes the procedure to be followed to ensure youth are afforded appropriate due process before certain actions are taken.(b) Applicability. The Level III hearing procedure is appropriate due process in the following instances:(1) to determine admission or extension in the security program in accordance with §380.9740 of this title;(2) to impose disciplinary consequences for youth in medium-restriction facilities other than those requiring a Level II hearing in accordance with §380.9503 of this title; and(3) to impose disciplinary consequences other than parole revocation for youth on parole in accordance with §380.9504 of this title.(c) Procedure When Determining Admission to or Extension in the Security Program.(1) To initiate a Level III hearing, the youth shall be notified orally of the time and date of the hearing, the alleged misconduct, and the recommended action(s) to be taken.(2) The youth has the right and shall be given the opportunity to speak on his/her own behalf regarding the alleged misconduct or the appropriateness of admission to or extension in the security program.(3) If the Level III hearing involves a decision for an extension in the security program beyond the initial 24 hours, the youth shall be appointed an advocate to assist the youth in presenting his/her position during the extension hearing.(4) The hearing administrator may consider any reasonably reliable information in deciding whether the youth committed the alleged misconduct and whether the requested admission to or extension in the security program is appropriate.(5) If the hearing administrator finds there are reasonable grounds to believe the criteria in §380.9740 of this title are met to admit or extend a youth in the security program, the hearing administrator shall indicate which rule violation was committed and which admission criterion was proven.(6) The youth will be given the opportunity to present evidence of extenuating circumstances, as defined by §380.9550 of this title. If there is a finding of extenuating circumstances, the youth may still be admitted to the security program if the criteria in §380.9740 are met.(d) Procedure When Imposing Disciplinary Consequences.(1) This procedure applies only to youth in medium-restriction facilities or on parole.(2) To initiate a Level III hearing, the youth shall be notified orally of the time and date of the hearing, the alleged misconduct, and the recommended disciplinary consequence(s).(3) The youth has the right and shall be given the opportunity to speak on his/her own behalf regarding the alleged misconduct or the appropriateness of the recommended disciplinary consequence.(4) The hearing administrator may consider any reasonably reliable information in deciding whether the youth committed the alleged misconduct and whether the recommended disciplinary consequence is appropriate.(5) If the hearing administrator does not find reasonable grounds to believe the youth committed the alleged misconduct, no disciplinary consequences may be imposed.(6) If the hearing administrator finds reasonable grounds to believe the youth committed the alleged misconduct, the youth shall be given the opportunity to present evidence of extenuating circumstances. If the hearing administrator finds there are extenuating circumstances, no disciplinary consequences may be imposed.(7) If the hearing administrator finds reasonable grounds to believe the youth committed the alleged misconduct and does not find extenuating circumstances exist, the recommended disciplinary consequence(s) shall be imposed.(e) Appeals.(1) The youth may appeal the decision to admit or extend the youth in the security program to the facility administrator or designee on grounds that the youth did not commit a rule violation or that any other criteria for admission or extension in the security program as set out in §380.9740 of this title were not proven.(A) If it is determined there were not reasonable grounds to believe the youth committed a violation, the fact that the violation was overturned will be documented appropriately and the youth will be released from the security program.(B) If it is determined there were reasonable grounds to believe the youth committed a violation but no criteria for admission to or extension in the security program were proven, the youth will be released from the security program.(2) The youth may appeal the decision to impose a disciplinary consequence to the facility administrator or parole supervisor or their designees, as appropriate, on the grounds that the youth did not commit the rule violation found proven at the hearing, extenuating circumstances should have been found, or the imposed disciplinary measure was inappropriate.(A) If it is determined there were not reasonable grounds to believe the youth committed the violation, the fact that the violation was overturned will be documented appropriately. The appeal authority shall determine some form of equitable relief if the youth has completed a disciplinary measure or has otherwise been adversely affected by the finding.(B) If it is determined there were extenuating circumstances that should have been found, that fact will be documented appropriately. The appeal authority shall determine some form of equitable relief if the youth has completed a disciplinary measure or otherwise has been adversely affected by the finding.(C) If it is determined that the youth did commit the violation but the imposed disciplinary measure was inappropriate, that fact will be documented appropriately. The appeal authority shall determine some form of equitable relief if the youth has already completed or started serving the disciplinary measure. If the youth has not yet started serving the disciplinary measure, the appeal authority may impose a different, appropriate disciplinary measure.</content><note type="source"><p>Source Note: The provisions of this §380.9557 adopted to be effective September 1, 2009, 34 TexReg 5554; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9559"><num value="380.9559">§380.9559</num><heading>Detention for Youth with Pending Charges</heading><content>(a) Purpose. This rule establishes criteria and procedures for detaining youth in a Texas Juvenile Justice Department (TJJD) security unit when criminal or delinquent charges are pending or filed or when the youth is awaiting a court hearing or trial.(b) Definitions. Definitions pertaining to this rule are under §380.9550 of this title.(c) Applicability.(1) This rule applies only to TJJD youth on institutional status, regardless of assigned placement.(2) This rule does not apply to TJJD youth on parole status, regardless of assigned placement.(d) General Provisions.(1) A youth may be held in institution detention if a court hearing or trial has been requested in writing or has been scheduled or criminal or delinquent conduct charges are pending or have been filed and:(A) suitable alternative placement within the facility is unavailable due to ongoing behavior of the youth that creates disruption to the point that other youth are not able to benefit from programming; or(B) the youth is likely to interfere with the judicial process, to include failing to appear; or(C) the youth represents a danger to others; or(D) the youth has escaped or attempted to escape, as defined in §380.9503 of this title, or is likely to attempt to escape.(2) Charges are considered to be pending if there is reliable information that the prosecuting attorney intends to request an indictment or to file a petition or other charging instrument with the court.(3) Charges are considered to be filed when an indictment has been issued or when a petition or other charging instrument has been filed with the court.(4) If a youth with a determinate sentence is awaiting a court hearing for transfer to the Texas Department of Criminal Justice-Institutions Division, the court hearing is considered to be "requested in writing" when TJJD makes a written request to the court for a hearing date.(5) Youth may not be placed in detention for the purpose of punishment.(6) All standard requirements and services for the security unit as set forth in §380.9740 of this title, unless otherwise noted in this rule, must be observed while the youth is detained in the security unit.(e) Procedure.(1) Approval for Detention.(A) The referring staff must obtain approval from the appropriate supervisor before placing a youth in institution detention.(B) The youth must be immediately released from detention and returned to the appropriate placement if:(i) approval for detention is not granted;(ii) it is determined that charges will not be filed or will be dropped; or(iii) it is determined that the court hearing or trial will be cancelled.(C) If approval is granted to detain a youth who is not assigned to a high-restriction facility, the referring staff must obtain approval to place the youth in institution detention from the facility administrator or designee at the high-restriction facility.(2) Admission to Institution Detention.(A) The referring staff is responsible for ensuring the following documentation or information is present at the time of admission to institution detention:(i) documentation that charges are pending or filed or that a court hearing or trial is scheduled or has been requested in writing;(ii) a written statement including the purpose of admission with supporting documentation (i.e., any incident reports or arrest reports and expected length of stay); and(iii) the medical file, if available, or copies of pertinent medical records, as well as any medication the youth is taking (applies to youth not assigned to the high-restriction facility where he/she is detained).(B) The designated admitting staff must review the information presented to determine whether there are reasonable grounds to believe criteria for admission have been met as outlined in subsection (d)(1) of this section. As a result of this review, the youth may be admitted to institution detention for up to 72 hours.(C) The security dorm supervisor or designee (who may not serve as the referring or admitting staff) must review all admission decisions within one workday to determine if admission criteria have been met. If criteria are not met or policy or procedures were not followed, the youth must be released from the security unit.(3) Timing of Hearing.(A) If a youth is admitted to detention, a Level IV hearing (detention review hearing) must be held:(i) no later than 72 hours after admission to institution detention or the next workday if the 72nd hour falls on a weekend or holiday; and(ii) within ten workdays of the previous Level IV hearing.(B) If a Level IV hearing is not timely held or is not properly waived, the youth must be released to his/her assigned location.(4) Decision Maker.(A) The appropriate supervisor must appoint a decision maker.(B) The decision maker must be impartial and may not be the person who referred or admitted the youth to institution detention or to community detention.(C) The decision maker must be knowledgeable of the policies involved in the decision.(5) Youth Representation and Waiver Rights.(A) A TJJD employee, contract employee, or volunteer trained to serve as an advocate must assist the youth.(B) The youth may waive the Level IV hearing after speaking with his/her advocate. The waiver must be in writing and be signed by the youth and the advocate.(C) When a subsequent Level IV hearing is required by policy timelines, the youth must be given the opportunity to have that hearing or to waive it. If the youth chooses to waive the hearing after speaking to his/her advocate, a new waiver form must be completed.(6) Hearing Process.(A) The referring staff must show cause to detain the youth pending the hearing. The advocate may present evidence as to why the youth should not be detained.(B) The standard of proof for all disputed issues is reasonable grounds to believe. The burden of proof is on the referring staff requesting detention.(C) All credible evidence may be considered, irrespective of its form.(D) The hearing must be recorded. The recording is the official record of the hearing. Recordings must be preserved for six months following the hearing.(E) The decision maker must base his/her decision on criteria for detention. If criteria are not met, the youth must be released to his/her assigned location.(7) Appeal.(A) The youth is notified in writing of his/her right to appeal.(i) The appeal of the first Level IV hearing is to the facility administrator.(ii) The appeal of the second Level IV hearing is to the executive director pursuant to §380.9353 of this title.(iii) An automatic appeal to the executive director must be filed by the referring staff on the third and any subsequent Level IV hearings, even if the youth waives the hearing(s).(B) A decision to detain a youth will be implemented even if an appeal has been filed and a response is pending.</content><note type="source"><p>Source Note: The provisions of this §380.9559 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective November 1, 2011, 36 TexReg 7353; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9561"><num value="380.9561">§380.9561</num><heading>Detention for Youth Pending Level I or II Hearing</heading><content>(a) Purpose. The purpose of this rule is to establish:(1) criteria and procedures for detaining certain youth in a community detention facility (juvenile or adult) or in a Texas Juvenile Justice Department (TJJD) security unit prior to a Level I or Level II due process hearing; and(2) the expectations for interaction between TJJD staff and community detention staff.(b) Definitions. Definitions pertaining to this rule are under §380.9550 of this title.(c) Applicability.(1) This rule applies to:(A) youth on parole status; and(B) youth on institutional status who are assigned to a facility of less than high restriction.(2) This rule does not apply to youth assigned to high-restriction facilities.(d) General Provisions.(1) Youth who are age 17 or younger may be referred to a juvenile community detention facility with the consent of local authorities. Youth who are age 17 or older may be referred to detention in an adult jail facility.(2) Youth may not be placed in detention for the purpose of punishment.(3) A Level I or Level II due process hearing will be scheduled in accordance with time frames set forth in §380.9551 or §380.9555 of this title, as applicable.(4) Even if TJJD receives information that additional criminal or delinquent proceedings against the youth are planned, pending, or anticipated by local authorities, TJJD may continue to hold the youth in detention and may schedule and hold a Level I or Level II due process hearing.(5) For youth held in community detention, the referring staff or a designated parole officer must visit the youth at least once every ten workdays.(6) For youth held in institution detention in a TJJD security unit:(A) the referring staff must contact the youth and the institutional placement coordinator or designated staff at least once every three calendar days; and(B) all standard security unit requirements and services as set forth in §380.9740 of this title, unless otherwise noted in this rule, must be observed while the youth is detained in a TJJD security unit.(e) Criteria for Detention. A youth in TJJD custody may be detained when:(1) there are reasonable grounds to believe the youth engaged in:(A) criminal behavior, delinquent conduct, or a violation of the conditions of release under supervision that meets criteria for revocation as defined in §380.9504 of this title; or(B) a rule violation that meets criteria for disciplinary transfer as defined in §380.9503 of this title; and(2) a Level I or Level II due process hearing has been requested; and(3) one or more of the following criteria are present:(A) the youth is likely to abscond and not appear at a disciplinary hearing;(B) suitable supervision, care, or protection for the youth is not being provided by the parent or guardian to ensure protection of the public safety or prevention of youth self-injury and a less restrictive temporary shelter is not available or is inappropriate; or(C) the youth may be dangerous to himself/herself or may threaten the safety of the public or others if released.(f) Admission to Detention.(1) Approval for Detention.(A) If the referring staff determines there are reasonable grounds to believe a youth has committed an offense for which a Level I or Level II due process hearing will be requested, the staff must notify an appropriate supervisor to justify and obtain approval for holding the youth in detention.(B) If approval for detention is not granted or it is determined that a Level I or Level II hearing will not be sought, arrangements must be made for the immediate release of the youth and return to the appropriate placement, unless the community is detaining the youth for reasons unrelated to TJJD's detention of the youth.(2) Admission Process for Youth Held in Institution Detention.(A) The referring staff is responsible for ensuring the following documentation or information is present at the time of admission to institution detention:(i) a copy of the written request for a Level I or Level II hearing;(ii) a written statement including purpose of admission with supporting documentation (i.e., any incident reports or arrest reports and expected length of stay); and(iii) the medical file, if available, or copies of pertinent medical records, as well as information relating to any medication the youth is taking.(B) Based on the information presented, the admitting staff must determine whether there are reasonable grounds to believe criteria for admission have been met as outlined in subsection (e) of this section. If the criteria are met, the youth may be admitted to institution detention for up to 72 hours.(C) The security dorm supervisor or designee (who may not serve as the referring or admitting staff) must review all admission decisions within one workday to determine if admission criteria have been met. If criteria are not met or policy or procedures were not followed, the youth must be released and returned to the appropriate placement.(g) Detention Review Hearings.(1) Timing of Hearing.(A) Community Detention.(i) For youth placed in community detention, TJJD must hold a Level IV hearing (detention review hearing) on or before the tenth workday of detention if:(I) a detention hearing is not waived or conducted by the community detention staff;(II) the Level I or II hearing cannot be held within ten workdays; and(III) further detention is necessary and appropriate.(ii) If a detention hearing is conducted or waived by community detention staff pursuant to the Texas Family Code, TJJD staff will participate as requested by the community and complete all required TJJD documentation and/or data entry.(iii) If a Level IV hearing is not timely held or is not properly waived, the youth must be released to his/her assigned location or other appropriate non-secure placement.(B) Institution Detention.(i) For youth placed in institution detention, TJJD must hold a Level IV hearing (detention review hearing):(I) within 72 hours after admission to institution detention, or the next workday if the 72nd hour falls on a weekend or holiday; and(II) within ten workdays after the previous Level IV Hearing.(ii) If a Level IV hearing is not timely held or is not properly waived, the youth must be released to his/her assigned location or other appropriate non-secure placement.(2) Decision Maker.(A) The decision maker must be impartial and may not be the person who requested or admitted the youth to institution detention or community detention.(B) The decision maker must be knowledgeable of the policies involved in the decision.(3) Youth Representation and Waiver of Level IV Hearing.(A) The youth has a right and must be informed of his/her right to be represented at the Level IV hearing:(i) by counsel, if the youth is awaiting a Level I hearing. Counsel is an attorney obtained by the youth or appointed to represent the youth; or(ii) by an advocate, if the youth is awaiting a Level II hearing.(B) The youth may waive the Level IV hearing after being advised by his/her attorney or advocate. Such waiver must be in writing.(C) When a subsequent Level IV hearing is required by policy timelines, the youth must be given the opportunity to have that hearing or to waive it. If the youth chooses to waive the hearing after speaking to his/her attorney or advocate, a new waiver form must be completed.(4) Hearing Process.(A) The referring staff must show cause to detain the youth pending the hearing. The attorney or advocate may present evidence as to why the youth should not be detained.(B) The standard of proof for all disputed issues is reasonable grounds to believe.(C) All credible evidence may be considered, irrespective of its form.(D) The hearing must be recorded and the recording is the official record of the hearing. Recordings must be preserved for six months following the hearing.(E) The decision maker must base his/her decision on criteria for detention. If criteria are not met, the youth must be released to his/her assigned location.(5) Appeal.(A) The youth must be notified in writing of his/her right to appeal.(i) For youth in institution detention:(I) appeal of the first Level IV hearing is to the facility administrator;(II) appeal of the second Level IV hearing is to the executive director under §380.9353 of this title; and(III) an automatic appeal to the executive director must be filed by the referring staff on the third and any subsequent Level IV hearings, even if the youth waives the hearing(s).(ii) For youth in community detention, all Level IV hearing appeals are to the executive director under §380.9353 of this title.(B) The pendency of an appeal does not preclude implementation of the decision to detain the youth.(h) Detention Following Level I or II Hearing. A youth may be held in institution detention without a Level IV hearing when the youth is waiting for transportation to a different placement following a Level I or Level II hearing. Transportation should be arranged immediately to take place within 72 hours. Any delay in transportation beyond 72 hours must be approved by the facility administrator.</content><note type="source"><p>Source Note: The provisions of this §380.9561 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective November 1, 2011, 36 TexReg 7353; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2013, 38 TexReg 4389.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scE/s380.9571"><num value="380.9571">§380.9571</num><heading>Procedure for Mental-Health-Status Review Hearing</heading><content>(a) Purpose. This rule establishes the due process required to admit a youth into a Texas Juvenile Justice Department (TJJD) stabilization unit or to extend a youth's stay in a stabilization unit to provide treatment for a psychiatric disorder.(b) Applicability.(1) For criteria for admission to a TJJD stabilization unit, see §380.8767 of this title.(2) A mental-health-status review hearing is a Level II due process hearing with several procedural exceptions, as noted in this rule. See §380.9555 of this title for Level II hearing procedures.(c) Procedure.(1) Decision Makers.(A) The facility administrator of the TJJD stabilization unit at which placement is sought appoints a mental health professional, as defined in §380.9187 of this title, to conduct the review hearing and serve as the hearing manager.(B) The hearing manager must not have direct or primary responsibility in the youth's current treatment or diagnosis.(C) The hearing manager has the same authority and responsibility as that assigned to a hearing manager in §380.9555 of this title.(D) The hearing manager must be trained to conduct the review hearing.(2) Single-Function Hearing. The single function of a mental-health-status review hearing is to consider the facts presented relative to the criteria for admission or extension established in §380.8767 of this title.(3) Location. All mental-health-status review hearings must be conducted at a TJJD stabilization unit and are the responsibility of staff at that facility.(4) Advocate. The youth's advocate is appointed by the facility administrator or designee and must be a mental health professional or a case manager assigned to the stabilization unit.(5) Timing of Hearing. A mental-health-status review hearing must be held for each youth within 72 hours after the youth's arrival at the stabilization unit. If the 72-hour period ends on a Saturday, Sunday, or official holiday, the hearing must be held on the next regular work day. If the hearing manager determines an unavoidable absence would prevent a key witness or party from attending the hearing, the hearing may be rescheduled to the earliest possible time but not later than 72 hours from the original scheduled hearing.(6) Teleconference. The hearing may not be conducted by teleconference. However, testimony may be accepted via telephone if the hearing manager determines in-person testimony is impractical or unfeasible. If testimony is accepted via telephone, all persons required to be present at the hearing must be able to simultaneously hear the testimony.(7) Exclusion from the Hearing. To protect the confidential nature of the hearing, persons other than the youth, the youth's advocate, the staff representative, and the youth's parent(s) may be excluded from the hearing room at the discretion of the hearing manager. However, any person except the youth's advocate or staff representative may be excluded from the hearing room if his/her presence causes undue disruption or delay of the hearing or when matters being discussed are of a very sensitive nature. The reason(s) for the exclusions must be stated on the record.(8) Decision.(A) Following the presentation of evidence, the hearing manager must announce his/her decision regarding whether criteria for admission or extension have been established.(B) A hearing manager's decision to admit or extend a youth in the stabilization unit must be supported by expert testimony of a psychiatrist that the youth meets the requisite criteria. The testimony should be given in person when feasible.(C) The youth must be informed of his/her right to appeal the decision to the executive director in accordance with §380.9353 of this title. The hearing manager's decision will be implemented even if an appeal has been filed and a response is pending.(9) Hearing Report.(A) A report that includes the hearing manager's findings and the basis for them must be completed within seven work days after the date of the hearing.(B) The facility administrator or designee must review the report to ensure accurate and consistent application of this rule. The person who conducted the hearing may not be the person who conducts this review. If necessary, the facility administrator or designee may return the report to the hearing manager for clarification or to reopen the hearing for the purpose of obtaining further information.</content><note type="source"><p>Source Note: The provisions of this §380.9571 adopted to be effective September 1, 2009, 34 TexReg 5554; amended to be effective November 1, 2011, 36 TexReg 7353; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2015, 40 TexReg 6138; amended to be effective July 15, 2024, 49 TexReg 5151.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scF"><num value="F">SUBCHAPTER F</num><heading>SECURITY AND CONTROL</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9707"><num value="380.9707">§380.9707</num><heading>Custody and Supervision Rating</heading><content>(a) Purpose. The purpose of this rule is to establish the minimum supervision requirements for youth assigned to high restriction facilities who are authorized to leave facility grounds.(b) Applicability.(1) This rule applies only to youth placed in TJJD-operated high restriction facilities.(2) This rule does not apply to youth assignments to a conditional placement. See §380.8545 of this title.(c) Definitions.(1) Custody and Supervision Rating (CSR)--a rating which determines whether youth will be permitted to participate in off-campus activities and the level of required staff supervision for such activities.(2) Staff supervision--refers to supervision provided by a sole-supervision certified TJJD employee. See §380.9951 of this title for the definition of sole-supervision. The proportion of juvenile correctional officer staff included in the staff supervision team will be appropriate to the type of activity and number of youth participating.(d) General Provisions.(1) Each off-campus activity must be approved on a case-by-case basis for each youth.(2) Youth may be subject to criteria in addition to the CSR in order to qualify for participation in off-campus activities.(e) Calculation of the Custody and Supervision Rating. A CSR of high, medium, or low is calculated for each youth using several factors, such as:(1) the severity of the committing offense;(2) the youth's delinquent history prior to commitment to TJJD;(3) the youth's runaway/escape history;(4) the youth's recent performance and behaviors; and(5) the length of time the youth has been in a secure residential placement.(f) Supervision Ratios.(1) A youth with a high CSR is not permitted to leave the grounds except for necessary healthcare services or emergencies. Constant supervision is provided at a ratio of at least two staff members for one youth, or at least one staff member for one youth if the youth is in mechanical restraints.(2) A youth with a medium CSR may leave the grounds for approved activities. Constant supervision is provided at a ratio of at least one staff member for one youth.(3) A youth with a low CSR may leave the grounds for approved activities with or without direct staff supervision. For group activities, supervision is provided at a ratio of at least one staff member for every four youth.(4) At least two staff members are required for any staff-supervised off-campus activity, even if the supervision ratio would allow for one staff member.(g) Waivers.(1) A waiver of a youth's CSR must be based on a recommendation by the youth's multi-disciplinary team that participation in the off-campus activity would promote progress in the youth's rehabilitation and/or community reintegration.(2) The facility administrator may grant a waiver to reduce a youth's CSR by one level. However, the facility administrator may not grant a waiver if the youth:(A) is placed under detainer by another jurisdiction;(B) is serving an extension length of stay;(C) has been released from the Redirect program within the last 90 days;(D) has had a Level II hearing (see §380.9555 of this title) proven true for a major rule violation that occurred within the last 90 days;(E) has had his/her parole revoked; or(F) has ever escaped from a high restriction TJJD facility.(3) The division director over residential services or his/her designee may grant a waiver of any youth's CSR by up to two levels.</content><note type="source"><p>Source Note: The provisions of this §380.9707 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective February 1, 1999, 24 TexReg 589; amended to be effective September 1, 2010, 35 TexReg 7450; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2014, 39 TexReg 9263.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9709"><num value="380.9709">§380.9709</num><heading>Youth Search</heading><content>(a) Purpose. This rule establishes requirements for searching Texas Juvenile Justice Department (TJJD) youth, their property, and their rooms to detect and deter contraband. The purpose of all provisions in this rule is to promote and protect the safety of the facility, staff, and youth.(b) Applicability. This rule applies to residential facilities operated by TJJD.(c) Definitions.(1) Reasonable Belief--a belief based on facts or circumstances sufficient to cause a reasonable person to believe that the person to be searched has prohibited items.(2) Probable Cause--a determination based on facts and circumstances that would cause a reasonably prudent person to believe it is more likely than not that the person to be searched has a prohibited item.(d) General Provisions.(1) TJJD staff may conduct a search of a TJJD youth or a youth's room for the purpose of finding and seizing contraband.(2) When contraband is seized from a youth, the search and disposition of items must be documented. See §380.9711 of this title.(3) Areas where youth are housed or served may be subject to be searched by the use of the canine (K-9) teams. See §380.9713 of this title for more information on the use of K-9 teams.(e) Room Searches and Pat-Down Searches.(1) Room searches and pat-down searches may be conducted with or without probable cause.(2) Room and pat-down searches must be conducted in accordance with the following rules.(A) Room and pat-down searches may be unannounced and irregularly timed.(B) Room and pat-down searches must be conducted routinely to control possession by youth of contraband or to recover missing or stolen property.(C) Two trained staff members must be in attendance for room and pat-down searches.(D) The staff conducting a pat-down search must be of the same gender as the youth being searched, except in exigent circumstances as defined in §380.9337 of this title.(E) Limited by consideration of facility and staff safety and security, TJJD honors the preference of a youth to be pat searched by a male or female staff member if the youth self-identifies as transgender or intersex and that identification is supported by collateral assessment processes.(F) Room and pat-down searches must be conducted in a professional manner. Staff must not make jokes, conversation, or comments while conducting searches.(G) Room and pat-down searches are documented.(f) Strip Searches.(1) Strip searches must be based on a reasonable belief that the youth has custody or control of contraband. However, reasonable belief is not required when a youth returns from contact with the general public or from outside the facility or from visitation.(2) Strip searches must be conducted in accordance with the following rules.(A) The search must be conducted in a private setting.(B) Two trained staff members must conduct the search.(C) The staff members conducting the search must be of the same gender as the youth, except in exigent circumstances as defined in §380.9337 of this title.(D) Limited by consideration of facility and staff safety and security, TJJD honors the preference of a youth to be strip searched by a male or female staff member if the youth self-identifies as transgender or intersex and that identification is supported by collateral assessment processes.(E) The search must be conducted in a professional manner. Staff must not make jokes, conversation, or comments while conducting the strip search.(F) The search must be documented.(g) Physical Body-Cavity Searches.(1) Physical body-cavity searches may only occur on probable cause that the youth possesses contraband and with the authorization of the facility administrator.(2) Physical body-cavity searches must be conducted by off-site medical personnel who are not part of the facility's health care staff.(3) Physical body-cavity searches refer to manual or instrument inspection of body cavities including the vagina or rectum.(4) Physical body-cavity searches must be documented.</content><note type="source"><p>Source Note: The provisions of this §380.9709 adopted to be effective November 28, 2004, 29 TexReg 11097; amended to be effective September 1, 2010, 35 TexReg 7450; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 1, 2016, 41 TexReg 4290.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9710"><num value="380.9710">§380.9710</num><heading>Entry Search</heading><content>(a) Purpose. This rule establishes requirements for conducting searches at the entry point of Texas Juvenile Justice Department (TJJD) facilities to prevent the introduction of items that are prohibited.(b) Applicability. This rule applies to residential facilities operated by TJJD.(c) General Provisions. Each person entering a facility operated by TJJD is subject to a search of his/her person, vehicle, and any property he/she is bringing into the facility.(d) Definitions.(1) Reasonable Belief--a belief based on facts or circumstances sufficient to cause a reasonable person to believe that the person to be searched has prohibited items.(2) Routine Search--a search conducted at a scheduled time during which every person is searched at the entry point of a TJJD facility.(3) Random Search--a search conducted at an unannounced time during which every person will be searched at the entry point of a TJJD facility.(e) Entry Searches.(1) TJJD conducts routine searches, random searches, or a search anytime there is a reasonable belief a person possesses an item that is prohibited.(2) Entry searches may involve one or more of the following:(A) use of metal detectors (walk-through or wand);(B) use of trained detection dogs;(C) visual or touch inspection of property;(D) requiring pockets to be emptied;(E) removal and inspection of shoes; or(F) pat-down body search (outside the person's clothing).(3) Entry searches must use the least intrusive method possible as determined by the circumstances.(4) Whenever possible, considering facility and staff safety and security, pat-down searches conducted at the entry point are conducted by a staff member who is the same gender as the person being searched. Limited by operational considerations and by facility and staff safety and security, TJJD honors the preference of a person to be pat-searched by a male or female staff member if the person self-identifies as transgender or intersex.(5) Any person who refuses to be searched may be prohibited from entering the facility and may be subject to other administrative action, as appropriate.(6) Any person who refuses to have his/her personal property searched will be prohibited from taking the property into the facility and may be subject to other administrative action, as appropriate.(7) Any item that is or appears to be a prohibited item and/or contraband as defined in §380.9107 of this title will not be allowed in a residential facility and may be seized.(8) Seized items may be turned over to the TJJD Office of Inspector General (OIG) for identification or disposition.(9) If personal property is seized, TJJD determines within 24 hours (or the next business day if on a weekend or holiday) whether the item will be:(A) retained as evidence for an administrative investigation;(B) turned over to OIG for criminal investigation and/or disposition; or(C) returned to the person from whom the property was seized.(f) Prohibited Items.(1) A list of prohibited items and contraband is prominently posted at each security search point in secure facilities and halfway houses.(2) Items on the prohibited list may be seized during entry searches.(3) Individual facilities may not add items to the prohibited list. Requests to include additional items on the list must be made in writing to the division director over residential facilities.</content><note type="source"><p>Source Note: The provisions of this §380.9710 adopted to be effective September 25, 2000, 25 TexReg 9227; amended to be effective December 14, 2003, 28 TexReg 11109; amended to be effective November 28, 2004, 29 TexReg 11099; amended to be effective May 16, 2005, 30 TexReg 2893; amended to be effective November 8, 2005, 30 TexReg 7232; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 1, 2016, 41 TexReg 4290.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9711"><num value="380.9711">§380.9711</num><heading>Control of Seized Contraband or Potential Evidence</heading><content>(a) Purpose. This rule establishes requirements for the preservation, control, and/or disposition of all contraband, including physical evidence obtained in connection with a violation of law and/or rule violation.(b) Applicability. This rule applies to TJJD-operated residential facilities.(c) Definitions. Contraband--has the meaning assigned by §380.9107 of this title.(d) Contraband Used as Evidence.(1) Contraband Used in a Due Process Hearing. Seized contraband that may be used as evidence in a TJJD due process hearing and not used in a criminal investigation must be properly identified, documented, and submitted to the facility's evidence custodian.(2) Contraband Used in a Criminal Investigation. Seized contraband that may be used as evidence in a criminal investigation is properly identified, documented, and submitted to the Office of Inspector General (OIG) evidence submission box. Criminal evidence is accessible only to the OIG staff. OIG maintains the chain of custody until proper case disposition.(3) Contraband/Evidence Disposal.(A) After all administrative/legal proceedings have been concluded, one of the following must occur:(i) destroy firearms and drugs in accordance with the Code of Criminal Procedure; or(ii) send contraband item(s), other than contraband firearms and drugs, to the youth's home; or(iii) return contraband item(s) to include contraband money (if applicable) to the owner; or(iv) deposit contraband money possessed by a youth into the student benefit fund pursuant to §385.9971 and §380.9555 of this title.(B) After all OIG investigations, evidence will be disposed of as per court disposition.(e) Contraband Not Used as Evidence. Seized contraband that is not used as evidence in a TJJD due process hearing or in a criminal investigation is destroyed or sent to the youth's parent or guardian at the youth's discretion.(f) Contraband/Evidence in a Crime Scene. Staff discovering a potential crime scene must immediately notify the facility administrator and the Incident Reporting Center. A crime scene could be a death, major injury, sexual assault, and/or major property damage. The area must be immediately secured and access prohibited into the potential crime scene or area containing potential evidence. Staff must not enter the area to clean or disturb the potential evidence, clothing, and/or body fluids. Only the OIG personnel or another investigating law enforcement agency will handle the evidence of a crime scene.</content><note type="source"><p>Source Note: The provisions of this §380.9711 adopted to be effective February 1, 1999, 24 TexReg 590; amended to be effective April 16, 2003, 28 TexReg 3064; amended to be effective November 8, 2005, 30 TexReg 7232; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9713"><num value="380.9713">§380.9713</num><heading>Use of Canine (K-9) Teams</heading><content>(a) Purpose. This rule provides guidelines for the management and deployment of K-9 teams at residential facilities operated by the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies to residential facilities operated by TJJD.(c) Definitions.(1) K-9 Team--a handler and canine trained to detect and identify illegal drugs, currency, alcohol, tobacco products, prescription medication, and other prohibited items.(2) Passive Indication--the K-9 is trained to sit, stand, or lie at the point closest to the source of the odor such as, but not limited to, cocaine, heroin, alcohol, marijuana, prescription medication, methamphetamines, tobacco, and other prohibited items.(3) TJJD Parking Area--any area used for parking that is owned, operated, or controlled by TJJD.(d) General Provisions.(1) All TJJD K-9 teams must be certified annually and trained in passive indication.(2) TJJD uses K-9 teams to detect and identify illegal drugs, currency, alcohol, tobacco products, prescription medication, and other prohibited items.(3) A K-9 team may be deployed at the discretion of the K-9 handler to conduct routine, random, or specifically requested searches or inspections of the following areas:(A) any dorm, cell, or other area used to house youth;(B) any school or education building on TJJD property;(C) any cafeteria, kitchen, canteen, or other food preparation area;(D) any administrative area, staff office, storage building, and restroom;(E) any other building or area located on TJJD grounds;(F) any vehicle entering a perimeter fence at a facility operated by TJJD;(G) any state vehicles;(H) any TJJD parking area; and(I) any property under the care, custody, control, or ownership of TJJD.(4) All items seized by the K-9 team must be identified, documented, and submitted to the appropriate TJJD staff member in accordance with §380.9711 of this title.(5) At the entrance of all TJJD parking areas, signs must be posted in English and Spanish noting: "This property is subject to canine inspection and search by law enforcement."</content><note type="source"><p>Source Note: The provisions of this §380.9713 adopted to be effective November 28, 2004, 29 TexReg 11099; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9715"><num value="380.9715">§380.9715</num><heading>Testing for Alcohol and Other Drugs</heading><content>(a) Purpose. This rule establishes a testing program designed to detect and deter the unauthorized or illegal use of alcohol or other drugs by youth committed to the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies to all youth:(1) assigned to residential facilities operated by TJJD; and(2) assigned to parole supervision under the jurisdiction of TJJD.(c) Definitions.(1) For-Cause Testing--testing that is conducted due to evidence that reasonably suggests a youth or group of youth is using alcohol or drugs.(2) Random Testing--testing of youth identified through a random selection process without regard to any indicators of past or current use of drugs or alcohol.(3) Routine Testing--testing that is conducted:(A) at regular intervals for youth who have a documented history of drug or alcohol use; or(B) after a youth's participation in events or situations that include access to or contact with the public or otherwise present an increased risk for drug/alcohol use.(d) General Provisions.(1) Any youth may be tested for drug and/or alcohol use at any time.(2) Testing may be conducted for cause or on a random or routine basis.(3) Testing may be conducted:(A) as part of a substance abuse treatment program;(B) as part of an investigation regarding the presence of illegal drugs in a facility; and(C) to assist in the daily management of youth in the rehabilitative process.(4) During orientation to TJJD, each youth is given notice that:(A) he/she is subject to random, routine, and for-cause alcohol and drug testing; and(B) the following are rule violations that will result in appropriate consequences as stated in §380.9503 and §380.9504 of this title:(i) a positive result on an alcohol or drug test;(ii) refusal to submit to an alcohol or drug test;(iii) failure to provide a urine specimen; and(iv) tampering with a urine sample.(5) Tests for alcohol or other drugs are conducted, scored, and interpreted according to the instrument manufacturer's instructions.</content><note type="source"><p>Source Note: The provisions of this §380.9715 adopted to be effective January 1, 1999, 23 TexReg 12933; amended to be effective April 16, 2003, 28 TexReg 3065; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective September 16, 2012, 37 TexReg 7205; amended to be effective February 15, 2016, 41 TexReg 972.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9723"><num value="380.9723">§380.9723</num><heading>Use of Force</heading><content>(a) Purpose. This rule establishes the procedures for staff intervention when youth behavior threatens safety and order.(b) Applicability.(1) This rule applies to all facilities, offices, and programs operated by the Texas Juvenile Justice Department (TJJD), unless specifically stated otherwise in this rule.(2) This rule does not apply to peace officers employed and commissioned by TJJD or by the TJJD Office of Inspector General.(3) This rule does not apply to the use of four-point mechanical restraints for medical or mental health purposes. See §380.9198 of this title.(c) General Provisions.(1) Non-physical interventions are preferred and must be used to the extent practical to manage youth behavior.(2) TJJD authorizes its staff to use reasonable force as a last resort to maintain safety and order. Only staff who are trained in agency-approved techniques are authorized to use force.(3) The use of force as punishment or for convenience of staff is strictly prohibited.(4) Approved use of force techniques are those determined by TJJD to minimize risk of harm to youth and staff.(5) Staff must release youth from manual or mechanical restraint as soon as the purpose for the restraint has been achieved.(6) If a staff member observes a use of force in violation of policy, he/she must take action, as practical, to protect the youth from harm.(7) Staff must report any violations of this policy as soon as possible, but no later than the end of the current shift.(8) Violations of this policy may result in disciplinary action up to and including termination of employment.(9) After any manual restraint or use of oleoresin capsicum (OC) spray in a high restriction facility, a youth must be assessed by medical staff as soon as reasonably possible under the totality of the circumstances. After any manual restraint in a medium restriction facility, medical staff must be consulted as soon reasonably possible. Any injuries must be documented in the medical record along with an explanation from the youth describing how the injuries occurred. Photographs must be taken of all injuries.(10) Only restraint equipment approved by the executive director or his/her designee may be used in TJJD facilities. All restraint equipment must be used in a manner consistent with its design and intended purpose.(11) Only the facility administrator, staff having authority to act as the facility administrator, or a higher-level authority in the facility administrator's chain of supervision may declare that a particular situation is a riot, consistent with the definition of a riot.(d) References.(1) For procedures and programs designed to allow youth time to regain self-control, see §§380.9520, 380.9739, and 380.9740 of this title.(2) For criteria and procedures on administering a psychotropic drug in a psychiatric emergency when a youth will not give consent for the administration, see §380.9192 of this title.(3) For procedures relating to youth searches, see §380.9709 of this title.(e) Definitions.(1) Barricade--any of the following, if used by a youth to prevent and/or obstruct staff from gaining access to the youth: a locked, jammed, or blocked door, dorm furniture, boxes, desks, chairs, computers, folding tables, stacked mattresses, or any other similar item that obstructs passage.(2) Handle With Care®--an agency-trained physical intervention system.(3) Imminent Harm--a reasonable belief that harm to persons or property is about to occur, unless immediate action is taken.(4) Medical Provider--has the meaning assigned by §380.9175 of this title.(5) Positional Asphyxia--the reduction in oxygen in the bloodstream and tissues due to an impairment of a person's respiratory system caused by body positioning or the application of external weight/pressure.(6) Practical--a reasonable belief that something is capable of being done.(7) Reasonable Belief--a belief that would be held by a similarly trained staff considering the totality of the circumstances.(8) Reasonable Force--the least amount of force that a trained staff, in like circumstances, would reasonably believe to be necessary to maintain order and safety as authorized under this rule.(9) Serious Bodily Injury--an injury that creates a substantial risk of death, serious permanent disfigurement, or extended loss or impairment of the function of any bodily member or organ.(10) Substantial Property Damage--at least $500 in damage to state property or another's personal property.(11) Totality of the Circumstances--facts and circumstances known by the actor at the time of the incident.(12) Use of Force--physical measures used to direct, compel, or restrain bodily movement of a non-compliant youth.(13) Riot--a situation in which three or more youths intentionally participate in conduct that threatens imminent harm to persons or property and that substantially obstructs the performance of facility operations or a program therein.(f) Non-Physical Interventions. Alternatives to force must be used whenever practical to assist a youth in maintaining or regaining self-control. Staff are prohibited from using humiliating punishment, including verbal harassment to manage youth behavior. Staff are trained in the use of the following non-physical intervention techniques:(1) Staff presence--this includes mere presence of staff to include non-verbal gestures made with eyes, hands, head, or body utilizing proximity, standing, eye contact and/or facial expressions; and/or involving additional staff to intervene.(2) Verbal de-escalation--this includes verbal prompting, directive statements, and redirecting youth attention and/or behavior.(3) Use of problem-solving groups.(g) Physical Interventions. When reasonable force is necessary, staff are authorized to use the following methods:(1) Physical Escort--touching of the arm, elbow, shoulder, or back for the purpose of directing the youth from one location to another.(2) Mechanical Restraint--use of a mechanical device applied to a youth as a means of restricting a youth's freedom of action.(3) Manual Restraint--use of hands-on techniques as a means of restricting a youth's freedom of action.(4) Planned Team Restraint--restraint of a youth who is in a locked or barricaded room or security vehicle by a pre-assembled team.(5) OC Spray--oleoresin capsicum spray, also known as pepper spray. Oleoresin capsicum is a mixture of essential oil and resin found in nature and derived from any plant of the genus capsicum, such as jalapeño, cayenne, or habanero.(h) Criteria for Use of Force. Except as otherwise indicated in this rule, reasonable force is authorized under the following circumstances:(1) protection of youth from imminent self-harm;(2) protection of self from imminent harm;(3) protection of other youth or third parties from imminent harm;(4) protection of property from imminent, substantial damage;(5) prevention of escape or fleeing apprehension;(6) movement of a youth referred to the security unit, other temporary isolation room, or alternative classroom;(7) movement of a resistant youth within the security unit when the youth's behavior is substantially disruptive and the youth refuses to stop the behavior;(8) movement of a resistant youth from a dangerous situation;(9) to conduct a search of a resistant youth reasonably believed to be in possession of a weapon, an item that can be adapted for use as a weapon, a controlled substance, or other item(s) that breech the security of the facility;(10) to conduct a search of a resistant youth entering the security unit; or(11) to administer medical treatment to a resistant youth when failure to do so could have serious health implications and a medical provider has ordered a restraint.(i) Determining the Intervention or the Reasonable Force to be Used. In determining the type of intervention or the reasonable force to be used, staff must consider whether action needs to be taken immediately or can be delayed until additional staff can organize a team response. However, only a medical provider may determine the type of intervention or the reasonable force to be used in administering medical treatment to a resistant youth.(j) Approved Use of Force Techniques. Use of force techniques that may be used are limited to:(1) agency-trained:(A) physical escort;(B) Handle With Care® methods of manual restraint;(C) mechanical restraints;(D) OC spray, under certain limited circumstances; and(2) other non-prohibited methods of manual restraint that under the totality of circumstances existing at the time:(A) are more practical than the agency-trained Handle With Care® methods of restraint, taking into account the youth's and staff's particular vulnerability to harm;(B) involve a use of force that is measured and progressive to a degree no greater than that reasonably believed necessary to achieve the objective; and(C) do not unduly risk serious harm or needless pain to the youth or staff.(k) Prohibited Restraint Techniques.(1) Prohibited restraint techniques include the following:(A) restricting respiration in any way, such as applying a chokehold or pressure to a youth's back or chest or placing a youth in a position that is capable of causing positional asphyxia;(B) using any method that is capable of causing loss of consciousness or harm to the neck;(C) pinning down with knees to the torso, head, and/or neck;(D) slapping, punching, kicking, or hitting;(E) using pressure-point, pain-compliance, and joint-manipulation techniques other than an approved Handle With Care® method for release of a chokehold, bite, or hair pull;(F) modifying restraint equipment;(G) applying any cuffing technique that connects handcuffs behind the back to ankle restraints;(H) dragging or lifting of the youth by the hair or ear or by any type of mechanical restraints;(I) lifting a youth's arms behind the back, while in mechanical restraints, in a manner that is capable of causing injury to the shoulder;(J) using other youth or untrained staff to assist with the restraint;(K) securing a youth to another youth or to a fixed object, other than to an agency-approved full-body restraint device; or(L) administering a drug for controlling acute episodic behavior as a means of physical restraint, except when the youth's behavior is attributable to mental illness and the drug is authorized by a licensed psychiatric provider or physician and administered by a licensed medical professional.(2) A physical contact that would otherwise be prohibited by subsection (k)(1) of this section, does not include one that is only accidental and momentary.(l) Requirements for Planned Team Restraint Situations.(1) Criteria for Use. Planned team restraint is authorized only to:(A) stop the youth from engaging in self-harm;(B) prevent substantial property damage; or(C) recover a weapon or item that has been adapted for use as a weapon and is capable of causing death or serious bodily injury.(2) Requirements for Use.(A) Prior to approval of planned team restraint, the facility administrator or administrative duty officer must personally observe the situation. Only the facility administrator or administrative duty officer may authorize a planned team restraint.(B) All planned team restraints must be videotaped when practical, including a recording of a verbal description of the youth's conduct and all warnings provided the youth according to the agency-approved script.(C) Only staff trained in planned team restraint may participate in the team that is assembled for the room entry.(D) The youth must be warned to discontinue the misconduct at least two times after the team is assembled and before the room entry. The team must provide continuous opportunities for compliance during the room entry.(E) Use of the riot shield during a planned team restraint is limited to cases in which a youth has a weapon or a youth's behavior indicates there is a significant risk of harm to the staff members involved in the restraint.(m) Requirements for Use of Mechanical Restraints.(1) Guidelines for Use.(A) Mechanical restraint equipment must not be secured so tightly as to interfere with circulation or so loosely as to permit chafing of the skin.(B) When mechanical restraints are employed on a youth in a prone position, the youth is placed on his/her side as soon as practical in order to help ensure adequate respiration and circulation. The youth must be allowed to sit up as soon as his/her behavior is under control.(C) A mechanical restraint for other than transportation, riot control, or medical purposes must be terminated as soon as the purpose for which the youth was restrained under subsection (h) of this section has been achieved, but in any event within 30 minutes, unless an extension is granted. Extensions may be granted by the facility administrator or designee for up to two-hour intervals until termination of restraint.(D) A mechanical restraint for medical purposes must be terminated as soon as the purpose for which the youth was restrained has been achieved or upon expiration of the medical provider's order, whichever occurs first.(E) When mechanical restraints are applied, staff must:(i) check the youth for adequate respiration and circulation every 15 minutes;(ii) provide regularly scheduled meals and drinks;(iii) provide opportunity for elimination of bodily waste at least once every two hours; and(iv) provide continuous visual supervision and appropriate assistance until the mechanical restraint is terminated.(F) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting a youth to a security unit, within a security unit, and from a security unit in order to prevent harm to the youth or others. These restraints may not be attached in a manner that prevents the youth from being able to stand upright. Mechanical restraints may remain on the youth for the duration of the activity if circumstances warrant such restraints.(2) Restrictions on Use During or After Childbirth.(A) TJJD staff may not use mechanical restraints to control the movement of a youth who is in labor, during delivery, or during recovery from delivery unless the executive director or designee determines that the use of restraints is necessary to:(i) ensure the safety and security of the youth, the infant, a staff member, or a member of the public; or(ii) prevent a substantial risk that the youth will attempt to escape.(B) If restraint is approved by the executive director or designee, staff must use the least restrictive type and method of restraint necessary to achieve the purpose of the restraint.(3) Mechanical Restraint Use by TJJD Transportation Staff. Mechanical ankle and wrist restraints attached to a waist belt by a lead chain must be used during secure transportation by designated TJJD transportation staff. Exceptions may be made for youth being transported following release on parole from a residential facility or when medically necessary.(4) Mechanical Restraint Use by Other Transporters.(A) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain must be used during transportation when a youth is being transported to a high restriction facility.(B) Mechanical ankle and wrist restraints attached to a waist belt by a lead chain may be used when transporting a youth off-campus.(n) Requirements for Use of OC Spray.(1) Authorization and Training for Use of OC Spray.(A) OC spray is permitted only in TJJD-operated high restriction facilities.(B) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, authorization to use OC spray must be obtained from the facility administrator, assistant superintendent, or administrative duty officer prior to each use.(C) The only staff authorized to routinely carry OC spray on-person are the facility administrator, assistant superintendent, administrative duty officer, juvenile correctional officer shift supervisor (one per shift), dorm supervisor, and security personnel whose primary responsibility is to patrol the campus and respond to security-related incidents. Any staff positions in addition to those listed must be authorized in writing by the executive director or his/her designee.(D) Only staff who have been trained by TJJD in the use of OC spray are authorized to use it. TJJD's OC spray training curriculum must include a requirement that each staff member be sprayed with OC if:(i) the staff member is receiving his/her first OC spray training as a TJJD employee; and(ii) exposure to OC is not medically contraindicated.(2) Criteria for Use.(A) Except as provided in subparagraph (B) of this paragraph, OC spray is authorized for use only when non-physical interventions and other physical interventions have failed or are not practical, and it is reasonably believed necessary to:(i) quell a riot or major campus disruption;(ii) resolve a hostage situation;(iii) remove youth from behind a barricade in a riot or self-harm situation;(iv) secure an object that is being used as a weapon and that is capable of causing serious bodily injury;(v) protect youth, staff, or others from imminent serious bodily injury; or(vi) prevent escape.(B) Unless reasonably believed necessary to prevent loss of life or serious bodily injury, OC spray is not authorized for use on a youth when a medical provider has diagnosed the youth with a chronic, serious respiratory problem or other serious health condition identified by TJJD (e.g., significant eye problems, known history of severe allergic reaction to OC, or severe dermatological problems).(3) Guidelines for Use.(A) OC spray canisters must be carefully controlled at all times.(B) Any youth affected by OC spray must be decontaminated with cool water as soon as the purpose of the restraint has been achieved.(C) Immediately following decontamination from OC spray, medical staff must be contacted to examine and, if necessary, treat and monitor all youth and staff affected by OC spray.(D) Each individually assigned canister of OC must be weighed at the time it is assigned and after each use.</content><note type="source"><p>Source Note: The provisions of this §380.9723 adopted to be effective September 1, 2009, 34 TexReg 5568; amended to be effective November 1, 2011, 36 TexReg 7356; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 1, 2014, 39 TexReg 2141; amended to be effective February 15, 2016, 41 TexReg 972.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9729"><num value="380.9729">§380.9729</num><heading>Directives to Apprehend</heading><content>(a) Purpose. This rule acknowledges a relationship between the Texas Juvenile Justice Department (TJJD), law enforcement, and the Texas/National Crime Information Center (TCIC/NCIC) with regard to reporting and apprehending youth in TJJD jurisdiction who escape, are absent without authorization, or violate the conditions of release under supervision. This rule also establishes criteria for the issuance of a directive to apprehend.(b) Applicability. This rule applies to all youth under TJJD jurisdiction, whether supervised by TJJD staff or contract staff.(c) Issuance of a Directive to Apprehend.(1) TJJD may issue a directive to apprehend pursuant to the authority granted under Texas Human Resources Code §243.051 if a youth in TJJD custody:(A) has escaped or has an unauthorized absence, as defined by §380.9503 of this chapter; or(B) has failed to comply with the written conditions of release under supervision (i.e., conditions of parole or conditions of placement).(2) Directives to apprehend are entered by the Office of Inspector General Incident Reporting Center according to TCIC/NCIC procedures and the Department of Public Safety/Federal Bureau of Investigation guidelines.(3) Upon issuance of a directive to apprehend, TJJD may notify the Texas Missing Persons Clearinghouse and the National Center for Missing and Exploited Children. The notifications shall be made if it is determined the youth is at a high risk of victimization due to human trafficking, sexual assault, exploitation, abuse, or neglectful supervision.(d) Cancellation of a Directive to Apprehend. A directive to apprehend is cancelled when:(1) a youth is arrested or apprehended;(2) a youth is discharged from commitment to TJJD; or(3) TJJD staff determines the directive to apprehend is no longer needed.</content><note type="source"><p>Source Note: The provisions of this §380.9729 adopted to be effective December 31, 1996, 21 TexReg 12190; amended to be effective February 20, 1998, 23 TexReg 1116; amended to be effective January 1, 1999, 23 TexReg 12935; amended to be effective December 16, 1999, 24 TexReg 10374; amended to be effective August 19, 2002, 27 TexReg 7548; amended to be effective December 4, 2002, 27 TexReg 11168; amended to be effective December 14, 2003, 28 TexReg 11109; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972; amended tobe effective May 19, 2023, 48 TexReg 705.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9740"><num value="380.9740">§380.9740</num><heading>Security Program</heading><content>(a) Purpose. The Texas Juvenile Justice Department (TJJD) operates Security Programs at its high-restriction facilities to temporarily remove youth who engage in certain dangerous or disruptive behaviors from the general campus population. This rule establishes admission criteria, service delivery requirements, security provisions, and requirements for due process and administrative review for youth admitted to the Security Program.(b) Applicability. This rule applies to TJJD-operated high-restriction facilities that operate security units.(c) Definitions. Security Unit--a designated building on the campus of a high-restriction TJJD facility that contains individual rooms and a central control station. Entry to and exit from the building are controlled exclusively by staff.(d) General Provisions.(1) Confinement in the Security Program may not be used as punishment or as a convenience for staff.(2) Youth are afforded all basic youth rights established in §380.9301 of this title while confined in the Security Program.(3) Except as otherwise authorized by the division director over residential services or designee on a case-by-case basis, confinement in the Security Program may not exceed five calendar days or a maximum of 120 hours.(4) The Security Program is operated within the security unit, except as provided or permitted by other TJJD administrative rules.(e) Admission Criteria. A youth may be admitted to the Security Program when there is a reasonable belief the youth has committed a minor rule violation that warrants referral to the security unit or a major rule violation and:(1) the youth is a serious and continuing escape risk;(2) the youth is a serious and immediate physical danger to others and staff cannot protect them except by admitting the youth to the Security Program;(3) confinement is necessary to prevent imminent and substantial damage to property;(4) confinement is necessary to control behavior that disrupts programming to the extent that the current program cannot continue except by admitting the youth to the Security Program; or(5) the youth is likely to interfere with a pending or ongoing investigation or a requested or scheduled due process hearing.(f) Admission Process.(1) Within one hour after a youth's arrival at the security unit (or up two hours if an extension is approved by the facility administrator or designee), a staff member must:(A) return the youth to the general population; or(B) hold a Level III hearing in accordance with §380.9557 of this title to determine whether admission criteria have been met. The staff member who conducts the review must not have been involved in the referral to the Security Program.(2) If admission criteria are not met, the youth must be returned to the general population immediately.(3) If admission criteria are met, the youth may be admitted to the Security Program for up to 24 hours.(g) Extension Process.(1) Extension Criteria.(A) An extension may be authorized if the following criteria are met, as established through a Level III hearing conducted in accordance with §380.9557 of this title:(i) based on current behavior, one or more of the admission criteria listed in subsection (e)(1)-(5) of this section continue to be present; or(ii) there is documented evidence that the youth is not complying with the Security Program rules of conduct.(B) Each extension is valid for up to 24 hours.(C) No more than four extensions may be authorized by facility staff without approval from the division director over residential services or his/her designee, as described in paragraph (2) of this subsection.(2) Extensions Beyond Five Days.(A) The division director over residential services or his/her designee may approve extensions after the fifth day of confinement only when no less-restrictive placement is suitable for managing the youth's behavior and:(i) the youth continues to present an immediate physical danger to others; or(ii) the youth continues to be likely to interfere with a pending or ongoing investigation or a scheduled hearing.(B) Each extension is valid for up to 72 hours. However, facility staff must continue to hold Level III hearings every 24 hours to determine whether the extension criteria in subparagraph (A) of this paragraph continue to be met.(h) Release to the General Population.(1) A youth must be released to the general population upon:(A) a determination that the youth's behavior no longer warrants confinement in the security unit;(B) expiration of the 24th hour after the most recent Level III hearing; or(C) a finding in a Level III hearing that extension criteria are not met.(2) A youth may be released from the Security Program only by the security dorm supervisor or a staff member authorized to conduct an admission hearing.(i) Administrative Reviews and Appeals.(1) The security dorm supervisor or designee must review all admission and local extension decisions within one workday. The person reviewing the decision must not have been involved in the decision. If it is determined that admission or extension criteria were not met or appropriate due process was not provided:(A) the youth must be returned to the general population immediately; and(B) the youth's record must be corrected to reflect the overturned admission or extension decision.(2) The youth must be notified in writing of his/her right to appeal a Security Program admission or extension. Appeals are decided by the facility administrator or designee, unless:(A) the admission or extension decision was made by the facility administrator, in which case the appeal is decided by the division director over residential services or designee; or(B) the youth's current stay in the Security Program has reached 120 continuous hours, in which case the appeal is decided by the executive director or designee.(3) The youth must be notified in writing of the outcome of the appeal.(j) Security Program Requirements.(1) Staff must visually check each youth at least once every 15 minutes and document youth activity and location during the check unless more frequent checks are required under §380.9188 of this title.(2) Individual doors must be locked.(3) The Security Program must adhere to a standard schedule approximating that of the general population, including time out of the locked room as behavior permits.(4) The standard schedule and Security Program rules of conduct must be posted and reviewed with youth.(5) The following staff must visit the Security Program at least once each calendar day and speak with each youth present in the program:(A) a nurse;(B) a case manager; and(C) a staff member from the administrative, psychology, and/or chaplaincy departments.(6) Youth must be provided:(A) appropriate psychological and medical services;(B) an opportunity to discuss with a case manager the behavior that resulted in the admission or extension;(C) adequate access to restroom facilities and drinking water;(D) access to shower and hygiene routine at least once every 24 hours, as behavior permits;(E) the same food, including snacks, prepared in the same manner as for other youth except for special diets that are prescribed on an individual basis by a physician, dentist, or mental health professional or special diets approved by a chaplain;(F) access to education services during each scheduled instructional day for the duration of instructional minutes required by the campus master schedule;(G) education services that will enable the youth to meet the goals of the youth's individualized education program, if the youth is currently receiving special education services;(H) access to limited-English-proficient services for English language learners; and(I) one hour of large-muscle exercise out of the room or in an enclosed outdoor recreation area at least once every 24 hours, as the youth's behavior and weather permit.</content><note type="source"><p>Source Note: The provisions of this §380.9740 adopted to be effective September 1, 2009, 34 TexReg 5573; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9742"><num value="380.9742">§380.9742</num><heading>Security Unit Admission Pending Program or Facility Transition Definitions</heading><content>(a) Purpose. The purpose of this rule is to establish criteria and procedures for temporarily admitting Texas Juvenile Justice Department (TJJD) youth to the security unit if certain criteria are met.(b) Applicability. This rule applies to youth assigned to a high-restriction facility operated by or under contract with TJJD who are awaiting:(1) transportation to another TJJD high-restriction facility that is scheduled to occur within the next 48 hours;(2) transportation to the Texas Department of Criminal Justice- Correctional Institutions Division (TDCJ-CID);(3) transportation to a court hearing; or(4) reassignment to the intervention program, as described under §380.9510 of this chapter.(c) General Provisions.(1) All standard security unit services (e.g., recreation, education) required in §380.9740 of this chapter shall be provided while the youth is in the security unit under this rule.(2) The referring staff must make a written request for admission to the director overseeing secure facilities or designee. Such written request is required for admission.(3) The referring staff is responsible for ensuring that the following items are present at the time of referral:(A) written statement including the purpose of admission, with supporting documentation (e.g., any incident reports or arrest reports, court orders, routine facility transfer documentation);(B) medical subfile or copies of pertinent medical records, if electronic records are unavailable;(C) documentation of any medication the youth is taking;(D) copy of the written request for a court hearing, if applicable;(E) Level II hearing finding of true for intervention-program-eligible conduct, if applicable; and(F) expected length of stay in the security unit.(4) Security staff are responsible for admitting, processing, and releasing youth from the security unit. Designated staff in the security unit will conduct a review to determine whether admission criteria have been met. A mental health review for contraindications is conducted to determine if placement in the security unit is appropriate. (5) Youth are released from the security unit upon departing from the sending facility or, if no transportation is involved, upon reassignment to the intervention program.(6) Youth are released from the security unit if the grounds for holding them in the security unit cease to exist (e.g., court hearing is canceled, youth is not admitted to the intervention program).</content><note type="source"><p>Source Note: The provisions of this §380.9742 adopted to be effective September 15, 2025, 50 TexReg 5716.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9745"><num value="380.9745">§380.9745</num><heading>Protective Custody for Youth at Risk of Suicidal and/or Self-Harming Behavior</heading><content>(a) Purpose. This rule provides for a protective custody program for the temporary placement of youth who are determined to be at risk of serious harm to themselves.(b) Applicability. This rule applies only to high-restriction facilities operated by the Texas Juvenile Justice Department (TJJD).(c) Definitions. Definitions pertaining to this rule are in §380.9187 of this chapter.(d) General Provisions.(1) The protective custody program is administered in the security unit. Unless otherwise noted in this rule, all standard service delivery and programming requirements in §380.9740 of this chapter must be followed while the youth is in the security unit.(2) Protective custody is used only as a last resort when a mental health professional determines that a youth cannot be safely managed in the youth's assigned living unit and no appropriate less restrictive placements are immediately available. Protective custody is used only as a temporary placement until the youth can be safely returned to the youth's assigned living unit or until another appropriate housing or facility assignment can be arranged.(3) Unless otherwise noted in this rule, youth in protective custody are monitored, assessed, and treated in accordance with requirements in §380.9188 of this chapter.(e) Referral for Placement in Protective Custody.(1) Only a mental health professional may authorize the referral of a youth to the security unit for possible placement in protective custody. The referral may be made only:(A) after a trained designated staff member completes a suicide risk screening, as described in §380.9188 of this chapter, and the mental health professional has consulted with the staff member concerning the results of the screening; and(B) if the mental health professional determines that the youth is in imminent risk of serious self-injury and cannot be safely managed in the youth's assigned living unit.(2) The youth may be held in the security unit on referral for up to four hours, pending the completion of a suicide risk assessment by a mental health professional. The youth is placed on at least constant observation until the assessment. Doors must not be locked while the youth is awaiting the assessment unless the youth presents an imminent danger to staff due to aggressive behavior. In such cases, doors may be locked in accordance with subsection (g)(2) of this section.(3) When a youth is referred to a security unit, the youth's suicide observation folder is transferred to the security unit staff, who continues documenting the youth's status at the required interval.(f) Admission Criteria. Only a mental health professional, in consultation with the facility's designated mental health professional, may admit a youth to protective custody. A youth may be placed in protective custody only if the mental health professional has conducted a suicide risk assessment and the mental health professional has determined that:(1) based on the youth's actions, statements, or mental status, the youth is a serious and immediate physical danger to self; and(2) confinement in the security unit is necessary to protect the youth from suicidal and/or self-harming behavior, and there is no less restrictive setting that provides the necessary level of security and staff supervision.(g) Program Requirements.(1) Youth are placed in suicide-resistant rooms. Except for youth assigned to one-to-one observation, individual room doors remain locked.(2) For youth assigned to one-to-one observation, individual room doors must remain unlocked except when a youth presents an imminent danger to staff due to aggressive behavior. In such cases, the youth's room door may be locked if the mental health professional determines (in consultation with the designated mental health professional) that locking the door is necessary to manage the youth's aggressive behavior and still allows adequate supervision to ensure the youth's safety.(3) In accordance with requirements established in §380.9188 of this chapter, the mental health professional develops an individualized treatment plan that identifies crisis stabilization issues to be addressed and includes a plan of action to address the issues.(4) The mental health professional conducts an assessment of the youth at least once every 24 hours while the youth is admitted to the protective custody program. As part of the assessment, the mental health professional must determine whether the youth continues to be a serious and immediate physical danger to self and whether continued confinement is necessary to prevent self-harm.(5) At least once every 48 hours following the youth's admission to protective custody, the designated mental health professional reviews the documentation relating to protective custody, including the youth's treatment plan and any other relevant documentation.(6) A youth may not remain in the protective custody program for more than 120 hours without written approval from the director over facility operations or designee after consultation with and agreement of the director over treatment or designee. This approval must be obtained for every 24-hour period thereafter.(h) Review of Admission and Extensions. The security dorm supervisor or designee reviews each admission and 24-hour extension decision within one workday to determine if policies and procedures were followed. If it is determined that a youth is being held in violation of policy, the security dorm supervisor or designee:(1) immediately notifies the facility administrator and the designated mental health professional;(2) releases the youth from protective custody unless the facility administrator finds that there was no violation; and(3) ensures the youth remains on one-to-one observation until a mental health professional conducts a suicide risk assessment.(i) Release Criteria. The youth must be released from protective custody when:(1) a mental health professional, in consultation with the designated mental health professional, determines that the youth may return to the general population with appropriate supervision and monitoring;(2) a mental health professional, in consultation with the designated mental health professional, determines that the youth meets criteria for transfer to a facility providing specialized mental health treatment, a TJJD-operated crisis stabilization unit, or a psychiatric hospital;(3) an extension request is not approved as provided in subsection (g)(6) of this section; or(4) a review of the admission or extension in protective custody reveals that the youth is being held in violation of policy.(j) Grievances. The youth may challenge placement in protective custody by filing a grievance in accordance with §380.9331 of this chapter. The grievance is assigned to the director over treatment or designee.</content><note type="source"><p>Source Note: The provisions of this §380.9745 adopted to be effective December 1, 2009, 34 TexReg 8544; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972; amended to be effective August 1, 2023, 48 TexReg 2391.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scF/s380.9747"><num value="380.9747">§380.9747</num><heading>Self-Referral to Security Unit</heading><content>(a) Purpose. This rule provides for the temporary placement of youth who request to be placed in a security unit.(b) Applicability. This rule applies only to high-restriction facilities operated by the Texas Juvenile Justice Department (TJJD).(c) Definitions. Security Unit--has the meaning assigned under §380.9740 of this title.(d) General Provisions.(1) The security unit may be used as a temporary placement for youth who self-refer until the youth can be safely returned to his/her assigned living unit or another appropriate housing or facility assignment can be arranged.(2) While placed in the security unit on a self-referral, a youth must be provided scheduled programming in accordance with his/her individual case plan and, if applicable, his/her individualized education program.(3) If a youth claims a need for protection from harm, staff must complete a threat assessment. Based on the results of the threat assessment, all reasonable actions must be taken to ensure the safety of the youth, which may include any or all of the following:(A) immediate implementation of enhanced supervision strategies;(B) immediate separation of the youth from the source of the threat;(C) referral to the TJJD Office of Inspector General for investigation;(D) notification of the chief local administrator; and/or(E) dorm or facility transfer.(e) Referral Process.(1) Any youth may request a self-referral to the security unit. Requests may be verbal or written and may be made to any staff member.(2) Case management and/or supervisory staff must meet with the youth to discuss the circumstances regarding the request and, if appropriate, recommend alternatives to self-referral.(3) Staff may not deny the youth's request for a self-referral to the security unit, unless self-referrals have been temporarily disallowed by the facility administrator due to an ongoing facility disruption or space limitations in the security unit.(f) Service Delivery and Programming Requirements.(1) While in the security unit on self-referral, youth shall be provided:(A) psychological and medical services as appropriate;(B) adequate access to restroom facilities and drinking water;(C) access to shower and hygiene routine at least once every 24 hours, as behavior permits;(D) the same food, including snacks, prepared in the same manner as for other youth, except for special diets that are prescribed on an individual basis by a physician, dentist, or mental health professional or special diets approved by a chaplain;(E) access to education services during each scheduled instructional day for the duration of instructional minutes required by the campus master schedule;(F) education services that will enable the youth to meet the goals of the youth's individualized education program, if the youth is currently receiving special education services;(G) access to limited-English-proficient services for English language learners; and(H) one hour of large-muscle exercise out of the room or in an enclosed outdoor recreation area at least once every 24 hours, as the youth's behavior and weather permit.(2) A case manager or staff member designated by the facility administrator must meet with the youth daily to:(A) assess the youth's status and make referrals to a mental health professional as appropriate;(B) discuss strategies and offer opportunities for returning to the general population; and(C) ensure that all required services and programming are being delivered.(3) A case manager must, in consultation with members of the youth's multi-disciplinary team and a mental health professional, develop a written supervision and reintegration plan for the youth if any of the following apply:(A) the youth claims a need for protection from harm;(B) the staff reasonably suspects the youth feels a need to be protected from harm; or(C) the youth has remained in the security unit on self-referral for 120 hours.(4) The supervision and reintegration plan must include:(A) strategies for addressing the threat of harm or coping with the circumstances that resulted in the self-referral;(B) requirements for enhanced supervision, if appropriate;(C) a schedule for reintegrating with the general campus population; and(D) a safe housing reassessment, as described in §380.8524 of this title.(g) Release from the Security Unit.(1) Upon a youth's request or agreement to be released from the security unit, the youth must be granted release as soon as reasonably possible.(2) If a supervision and reintegration plan is required, the youth may not be released from the security unit before the plan is completed unless the release is approved by the facility administrator or designee. If the facility administrator or designee denies a youth's request for release from the security unit before a required supervision and reintegration plan is completed, the facility administrator or designee must ensure that the plan is completed and the youth is released within 24 hours after the youth's request.(3) Upon a youth's release from the security unit, the youth's case manager or other designated staff member must determine which components of the youth's supervision and reintegration plan will be continued after the youth's return to the general campus population. The youth must receive follow-up psychological services if directed by a mental health professional.(h) Review and Oversight.(1) At least once every 72 hours, the security dorm supervisor or designee must speak with each youth admitted to the security unit on a self-referral.(2) If a youth has not requested or agreed to a release within 72 hours after admission to the security unit on self-referral, the security dorm supervisor must consult with the facility administrator or designee to discuss reintegration strategies, service delivery and counseling activities, youth behavior, and possible dorm or facility transfer. This consultation is required every 24 hours thereafter.(3) If a youth has not requested or agreed to a release within five calendar days after admission to the security unit on self-referral, the facility administrator must consult with the division director over residential services or designee to discuss reintegration strategies, service delivery and counseling activities, youth behavior, and possible dorm or facility transfer. This consultation is required at least once every 72 hours thereafter until the youth is released from the security unit.(4) The youth's multi-disciplinary team must monitor each youth's pattern of self-referrals to the security unit for indications of ongoing or unresolved issues. The multi-disciplinary team must address these issues through case plan objectives, clinical referrals, reports to facility management, or other appropriate interventions.</content><note type="source"><p>Source Note: The provisions of this §380.9747 adopted to be effective May 1, 2011, 36 TexReg 2246; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective February 15, 2016, 41 TexReg 972.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c380/scG"><num value="G">SUBCHAPTER G</num><heading>GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p11/c380/scG/s380.9909"><num value="380.9909">§380.9909</num><heading>Access to Youth Information and Records</heading><content>(a) Purpose. This rule establishes controls on access to Texas Juvenile Justice Department (TJJD) youth records and information in compliance with federal and state laws and regulations that limit access to youth records.(b) Applicability. This rule applies to all youth committed to TJJD.(c) General Provisions. Records and information concerning youth:(1) must be marked "confidential";(2) must remain in the custody and control of authorized personnel at all times;(3) may not be disclosed except as allowed by law; and(4) must be stored and transported in a manner that ensures security and confidentiality.(d) Access by a Youth or Parent.(1) In the interest of protecting TJJD youth and the public, TJJD may disclose records and other information concerning a youth to the youth and the youth's parent or guardian only if the disclosure would not:(A) materially harm the treatment and rehabilitation of the youth; or(B) substantially decrease the likelihood of TJJD receiving information from the same or similar sources in the future.(2) If TJJD decides it is appropriate to disclose information to the parent or guardian concerning a youth who is at least 18 years old, TJJD may do so only with the youth's written consent.(e) Educational Information.(1) Educational information is made available in accordance with Title 20 of the United States Code §1232g and Title 34 of the Code of Federal Regulations (CFR).(2) A TJJD youth who is at least 18 years old may access his/her own educational information or grant consent to another individual to access his/her information. If the youth is under the age of 18, the parent or guardian has the right to access the youth's educational information or grant consent to another individual to access the youth's educational information.(3) TJJD may disclose educational information of a youth who is at least 18 years old to a parent without the youth's consent if the parent is claiming the youth as a "dependent student" as defined in Section 152 of the Internal Revenue Code.(4) No consent is necessary if TJJD is releasing educational information on a youth to school officials within TJJD or to the school district where the youth seeks to attend.(f) Alcohol and Drug Treatment Records.(1) Access to youth records that contain certain information identifying the youth as chemically dependent or as a substance abuser may be disclosed only as provided in 42 CFR Part 2. Confidentiality requirements for this type of information are more restrictive than requirements in other regulations.(2) Drug and alcohol information that may not be released includes any information that:(A) would identify a youth as an alcohol or drug abuser; or(B) is obtained for the purpose of treating alcohol or drug abuse, making a diagnosis for that treatment, or making a referral for that treatment.(3) At the time of admission, youth diagnosed as alcohol or drug abusers must:(A) be informed that federal laws protect the confidentiality of their alcohol and drug abuse records; and(B) be given a written summary of the federal law and regulations.(4) If a document contains information regarding alcohol and drug abuse but it also contains other information that may appropriately be released, TJJD must redact the alcohol and drug abuse information unless appropriate release forms have been completed.(g) Release of Information upon Escape. TJJD may disseminate the following information upon an escape of a youth:(1) the youth's name, including other names by which the youth is known;(2) the youth's physical description, including sex, weight, height, race, ethnicity, eye color, hair color, scars, marks, and tattoos;(3) a photograph of the youth; and(4) if necessary to protect the welfare of the community, any other information that reveals dangerous tendencies of the youth or expedites the apprehension of the youth.(h) Access under Federal Protection and Advocacy Systems. Pursuant to Title 42 of the United States Code §10805 and §15043, federal law provides for a federally funded system of mental health advocates and a federally funded system of advocates for the developmentally disabled and grants those advocates access to facilities and TJJD records for the purpose of investigating abuse and neglect of the mentally ill or developmentally disabled.(i) Health Insurance Portability and Accountability Act.(1) TJJD is not a covered entity under the Health Insurance Portability and Accountability Act (HIPAA) because it does not engage in covered transactions as defined by 45 CFR §160.103. Records created by an entity covered by HIPAA are subject to TJJD's regular confidentiality rules and procedures.(2) Protected health information generated by HIPAA-covered contract providers (e.g., University of Texas Medical Branch) and included in the electronic health record of youth in high-restriction facilities and halfway house programs is the property of TJJD. The status of the source of the information does not impose HIPAA restrictions on the use of that healthcare information.(3) To the extent that any healthcare information obtained by TJJD may be covered by HIPAA as it applies to youth at high-restriction facilities and halfway houses, that healthcare information is for the governmental uses and purposes enumerated in 45 CFR §164.512, including but not limited to:(A) the provision of healthcare to that youth;(B) the health and safety of that youth or other youths;(C) the health and safety of the officers or employees of or others at a high-restriction facility or halfway house;(D) the health and safety of such individuals and officers or other persons responsible for the transporting of youths or their transfer from one institution, facility, or setting to another;(E) law enforcement on the premises of a high-restriction facility or halfway house; and(F) the administration of the safety, security, and good order of a high-restriction facility or halfway house.(4) A contract healthcare provider who is a HIPAA-covered entity and provides services to TJJD youth other than those youth in high-restriction facilities or halfway houses is required as a condition of the contract to secure all necessary consents or authorizations to provide to or obtain from TJJD protected health information.(j) Release of Certain Information for a Legitimate Need. TJJD may disclose information regarding a youth's location and committing court to a person having a legitimate need for the information (e.g., to provide a location for a bench warrant or service of process to be issued the youth).</content><note type="source"><p>Source Note: The provisions of this §380.9909 adopted to be effective December 14, 2003, 28 TexReg 11112; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2016, 41 TexReg 2499; amended to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scG/s380.9931"><num value="380.9931">§380.9931</num><heading>Student Trust Fund</heading><content>(a) Purpose. This rule provides banking privileges for youth in certain residential facilities through a student trust fund system.(b) Applicability. This rule applies to high-restriction and medium-restriction facilities operated by the Texas Juvenile Justice Department (TJJD), except orientation and assessment units.(c) General Provisions.(1) TJJD maintains a student trust fund account for each youth who receives personal funds while in a residential facility operated by TJJD other than an orientation and assessment unit.(2) The facility administrator is the trustee for the student trust fund in his/her facility.(3) TJJD is not responsible for funds that are:(A) sent to a youth through the mail and are not received by TJJD; or(B) lost or stolen after being transferred to a youth's possession upon release or discharge.(d) Sending Funds to TJJD Youth.(1) TJJD provides parents/guardians with written instructions for sending funds to TJJD youth through the mail. Funds sent through the mail may be returned to the sender if the instructions are not followed.(A) Envelopes containing funds for youth must be addressed to the facility business office.(B) Any personal check, money order, or cashier's check must be payable to the youth's facility and must include the youth's name and TJJD number on the personal check, money order, or cashier's check.(2) Funds from deposit of personal checks or money orders, with the exception of U.S. Postal Service money orders, will not be available for use for 15 calendar days after deposit to allow the funds to clear the financial institution.(3) When TJJD receives funds for a youth, TJJD provides the youth a receipt. If the funds and accompanying correspondence are returned to the sender, TJJD provides the youth a copy of the correspondence.(e) Withdrawing Funds.(1) A youth may withdraw money for specific purposes according to the youth's progress in the agency's positive reinforcement and privilege system described in §380.9502 of this title. Youth in high-restriction facilities are not permitted to handle the withdrawn funds.(2) TJJD may not withdraw money from a youth's student trust fund account without the youth's consent except when TJJD is charged by the bank for a problem related to a deposit, such as a charge for insufficient funds. In these cases:(A) TJJD may withdraw from the youth's account an amount not to exceed the amount of the charge; and(B) if an amount is withdrawn, TJJD must provide written notice to the youth.(f) Savings Accounts.(1) TJJD provides an opportunity to establish a savings account at a bank within a reasonable distance from the youth's facility for each youth who:(A) has a balance of $5,100 or more in his/her student trust fund account; and(B) is expected to remain at his/her current facility for at least six months.(2) For youth who establish a savings account:(A) the youth must maintain at least $100 in his/her student trust fund account at all times;(B) the youth must maintain a minimum balance in his/her savings account equal to or greater than the minimum balance required without a service charge by the bank; and(C) interest on the savings account accrues to the youth.(g) Forwarding and Disbursing Funds When Youth Leave the Facility.(1) When a youth is moved to a residential facility operated by TJJD, a check for the full amount of the youth's student trust fund account balance is mailed to the new facility.(2) When a youth is moved to a residential facility operated under contract with TJJD, a check for the full amount of the youth's student trust fund account balance is mailed to the new facility only if the facility has a banking system for residents.(3) When a youth is moved to a facility operated under contract with TJJD and the facility does not have a banking system for residents, TJJD notifies the youth that TJJD will hold the full amount of the youth's student trust fund balance until the youth:(A) designates in writing a third party to receive the funds; or(B) requests the funds upon release from the facility.(4) When a youth is released from a TJJD residential facility and is placed on parole in a home location, the current balance of the youth's student trust fund account determines how the funds are disbursed.(A) If the youth's balance is $50 or less, the total amount is withdrawn and given to the youth in cash, check, or money order upon his/her departure from the facility.(B) If the youth's balance is more than $50, the youth is given up to $50 in cash upon his/her departure and a check for the remaining balance is mailed to the youth's parole officer. The parole officer provides the check for the remaining balance to the youth during the youth's first scheduled visit to the parole officer.(5) When a youth in a TJJD residential facility is discharged from TJJD and is sent to any type of residential placement, such as the Texas Department of Criminal Justice, an Immigration and Customs Enforcement detention facility, or a group home, the youth chooses whether TJJD mails a check for the total balance of the youth's student trust fund account to:(A) the receiving entity; or(B) a third party designated in writing by the youth.(6) When a youth in a TJJD residential facility is discharged from TJJD and is not sent to another residential placement, the current balance of the youth's student trust fund account determines how the funds are disbursed.(A) If the youth's balance is $50 or less, the total amount is withdrawn and given to the youth in cash, check, or money order upon his/her departure.(B) If the youth's balance is more than $50, the youth is given up to $50 in cash upon his/her departure and a check or money order for the remaining balance is given to the youth upon his/her departure or is mailed to his/her home address.(7) If a youth's student trust fund account cannot be closed when the youth leaves a TJJD facility because of holds or for any other reason, the funds are held by TJJD and are disbursed in accordance with paragraphs (1) - (6) of this subsection once the account is cleared of any questions.</content><note type="source"><p>Source Note: The provisions of this §380.9931 adopted to be effective December 31, 1996, 21 TexReg 12193; amended to be effective February 1, 1999, 24 TexReg 591; amended to be effective June 16, 2005, 30 TexReg 3433; amended to be effective November 8, 2005, 30 TexReg 7233; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2016, 41 TexReg 2499.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scG/s380.9933"><num value="380.9933">§380.9933</num><heading>Spending Money for Released Youth</heading><content>(a) The Texas Juvenile Justice Department (TJJD) provides $15 in cash from TJJD funds to each youth who:(1) is released or discharged from a residential facility operated by TJJD;(2) will travel by public transportation to his/her home placement; and(3) does not have at least $15 available to withdraw from his/her student trust fund account.(b) A youth who has at least $15 available to withdraw from his/her student trust fund account is provided cash from his/her student trust fund account in accordance with §380.9931 of this title upon release or discharge.</content><note type="source"><p>Source Note: The provisions of this §380.9933 adopted to be effective December 31, 1996, 21 TexReg 12193; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2016, 41 TexReg 2499.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scG/s380.9951"><num value="380.9951">§380.9951</num><heading>Training for Juvenile Correctional Officers</heading><content>(a) Policy. Pursuant to Texas Human Resources Code §242.009, juvenile correctional officers (JCOs) employed by the Texas Juvenile Justice Department (TJJD) must complete at least 240 hours of training before assuming responsibility for sole supervision of youth and at least 60 hours of additional training within the first year of the JCO's employment.(b) Applicability. This rule applies to JCOs employed by TJJD on a full-time or part-time basis.(c) Definitions. Sole Supervision--means independent performance of youth supervision duties.(d) Procedures.(1) Training required for JCO staff before assuming sole supervision responsibility consists of at least 240 hours of category-specific modules delivered through:(A) local training at the facility by agency training staff or adjunct trainers;(B) pre-service training as provided by TJJD; and(C) training at the JCO's duty location, which includes on-the-job training.(2) Training for JCO staff includes, but is not limited to, modules that provide information and instruction in the following categories:(A) the juvenile justice system of Texas, including the juvenile correctional facility system;(B) security procedures;(C) the supervision of children committed to TJJD;(D) signs of suicide risks and suicide precautions;(E) signs and symptoms of the abuse, assault, neglect, and exploitation of a child, including sexual abuse, sexual assault, and human trafficking and the manner in which to report the abuse, assault, neglect, or exploitation of a child;(F) the neurological, physical, and psychological development of adolescents;(G) TJJD rules and regulations, including rules, regulations, and tactics concerning the use of force;(H) appropriate restraint techniques;(I) the Prison Rape Elimination Act of 2003 (42 U.S.C. Section 15601, et seq.);(J) the rights and responsibilities of children in the custody of TJJD;(K) interpersonal relationship skills;(L) the social and cultural lifestyles of children in the custody of TJJD;(M) first aid and cardiopulmonary resuscitation;(N) counseling techniques;(O) conflict resolution and dispute mediation, including de-escalation techniques;(P) behavior management;(Q) mental health issues;(R) employee rights, employment discrimination, and sexual harassment; and(S) trauma-informed care.</content><note type="source"><p>Source Note: The provisions of this §380.9951 adopted to be effective October 1, 2008, 33 TexReg 8185; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2016, 41 TexReg 2499.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c380/scG/s380.9955"><num value="380.9955">§380.9955</num><heading>Staffing Requirements for Youth Development Coaches</heading><content>(a) Purpose. This rule establishes requirements for scheduling station assignments for youth development coaches employed by the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies to high-restriction facilities operated by TJJD.(c) General Provisions.(1) Rotation of Youth Development Coaches.(A) The executive director or designee ensures that assignments are rotated such that coaches do not supervise the same youth for an extended period of time.(B) The rotation of staff is scheduled to ensure continuity in the delivery of specialized treatment programs.(2) Three-Year Age Differential for Youth Development Coaches. Youth development coaches are assigned to dormitory stations in a manner that provides for at least a three-year age differential between the staff and the youth they supervise. When it is not practical to meet the three-year age differential for an individual youth development coach station assignment, justification for the assignment must be documented and approved in accordance with agency policy and procedures.(3) Staffing Schedules for Youth Development Coaches.(A) Staffing schedules provide for at least one youth development coach to be stationed to supervise in or near any classroom or other location in which youth receive education services or training at the time the youth are receiving the education services or training.(B) Staffing schedules for each facility provide for a ratio of at least one youth development coach performing direct supervisory duties for every 12 youth committed to the facility.(C) A youth development coach who does not meet the requirements for sole supervision as defined in §380.9951 of this title may be included in the ratio described in subparagraph (B) of this paragraph if he/she has completed the following minimum training requirements:(i) appropriate restraint techniques; and(ii) first aid and cardiopulmonary resuscitation.</content><note type="source"><p>Source Note: The provisions of this §380.9955 adopted to be effective June 1, 2009, 34 TexReg 3264; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective April 15, 2016, 41 TexReg 2499; amended to be effective December 1, 2019, 44 TexReg 7059.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p11/c385"><num value="385">CHAPTER 385</num><heading>AGENCY MANAGEMENT AND OPERATIONS</heading><subchapter identifier="/us/state/tx/tac/t37/p11/c385/scA"><num value="A">SUBCHAPTER A</num><heading>CONTRACTS</heading><section identifier="/us/state/tx/tac/t37/p11/c385/scA/s385.1101"><num value="385.1101">§385.1101</num><heading>Contract Authority and Responsibilities</heading><content>(a) Purpose. This rule establishes the responsibilities for approving and executing contracts required by the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule applies to all contracts entered into by TJJD.(c) Definitions. As used in this chapter, the following terms have the following meanings, unless the context clearly indicates otherwise.(1) Board--The governing board of TJJD.(2) Contract--A written contract between TJJD and another party, either public or private, for goods or services or for a project as defined by §2166.001, Government Code. As used in this chapter, "contract" includes the following: letters of agreement; interagency/interlocal agreements with other government entities; memorandums of understanding; and other agreements in which state funds or services are exchanged for the delivery of goods or performance of services.(3) Total Value--The estimated dollar amount that a state agency may be obligated to pay pursuant to the contract and all executed and proposed amendments, extensions, and renewals of the contract.(d) Authority to Approve Contracts.(1) Board Approval. TJJD staff must present certain contracts to the board for approval, including but not limited to:(A) any contract with a total value exceeding $500,000;(B) any construction contract with a total value exceeding $300,000;(C) any change order(s) for a construction contract that exceeds $150,000 individually or cumulatively, or a dollar amount that causes the total value of the contract to exceed $300,000;(D) any change order or amendment that extends the length of or postpones the completion of a board-approved contract for six months or more;(E) any change order or amendment to a board-approved contract that increases the total contract amount by at least 10% by substituting certain goods, materials, products, or services;(F) any change order or amendment with a financial increase that causes the total contract value to meet or exceed the threshold requiring board approval for that contract type;(G) any contract with a total value exceeding $15,000 for consulting services, as defined in §2254.021, Government Code;(H) any contract for architectural or engineering services; (I) any contract for start-up residential operations; and(J) any other contract appropriate for board approval as determined by the executive director.(2) Agency Approval.(A) The board delegates authority to the executive director or designee to approve all contracts not listed in paragraph (1) of this subsection.(B) The board delegates authority to the executive director or designee to approve a contract listed in paragraph (1) of this subsection that is executed in response to an emergency, as defined in 34 TAC §20.210.(e) Authority to Execute Contracts. The board delegates authority to the executive director to execute all contracts for TJJD. This authority may be delegated by the executive director.(f) Annual Contract Plan.(1) TJJD staff must present to the board for its review an annual plan that outlines TJJD's anticipated contracting actions for the next fiscal year.(2) As deemed necessary by the executive director or designee, updates to the contract plan may be provided to the board for review periodically throughout the fiscal year.(g) Historically Underutilized Businesses. TJJD adopts by reference 34 TAC Chapter 20, Subchapter D, Division 1, relating to historically underutilized businesses.</content><note type="source"><p>Source Note: The provisions of this §385.1101 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440; amended to be effective May 1, 2019, 44 TexReg 2160; amended to be effective September 1, 2024, 49 TexReg 6249; amended to be effective October 15, 2025, 50 TexReg 6334.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scA/s385.1105"><num value="385.1105">§385.1105</num><heading>Contract Monitoring</heading><content>(a) Purpose. The purpose of this rule is to establish the contract monitoring roles and responsibilities of the Texas Juvenile Justice Department (TJJD) staff, including the monitoring system used to ensure service providers' compliance with contract and service delivery requirements.(b) Applicability. This rule applies to all contracts between TJJD and public or private entities.(c) General Provisions.(1) TJJD periodically monitors all public and private entities that contract with TJJD.(2) TJJD establishes a monitoring schedule based on a risk assessment methodology. Higher-risk contracts are monitored more frequently and more comprehensively than lower-risk contracts.(3) For residential program-related client services contracts, TJJD obtains and evaluates program cost information to ensure that each cost, including an administrative cost, is reasonable and necessary to achieve program objectives.(d) Contract Monitoring Roles and Responsibilities.(1) The TJJD Internal Audit Department audits contracted services and monitoring oversight activities in accordance with Texas Human Resources Code §203.013 and based on the results of an annual risk assessment conducted by the TJJD Internal Audit Department.(2) The TJJD division responsible for monitoring and inspections conducts program reviews of all residential facilities and parole programs operated under contract with TJJD to ensure operations comply with applicable statutes, rules, policies, and procedures.(3) Individual program areas within TJJD:(A) conduct day-to-day monitoring activities regarding financial and performance requirements;(B) provide technical assistance to service providers; and(C) initiate corrective action and/or sanctions for non-compliance when appropriate.</content><note type="source"><p>Source Note: The provisions of this §385.1105 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scA/s385.1109"><num value="385.1109">§385.1109</num><heading>Protests</heading><content>(a) Purpose. The purpose of this rule is to establish the process for which actual or prospective bidders, offerors, or contractors may formally protest an action taken by the Texas Juvenile Justice Department (TJJD) during the contract process.(b) Definitions. The following words and terms, when used in this rule, shall have the following meanings unless the context clearly indicates otherwise.(1) Agency--TJJD.(2) Interested Parties--All vendors who have submitted bids or proposals for the provision of goods or services pursuant to a solicitation with TJJD.(c) General Provisions.(1) Any actual or prospective bidder, offeror, or contractor who considers himself/herself to have been aggrieved in connection with the agency's solicitation, evaluation, or award of a contract may formally protest to the chief financial officer (CFO) or his/her designee. Such protests must be made in writing and received in the office of the CFO within 10 workdays after the protesting party knows, or should have known, of the occurrence of the action that is protested. Formal protests must conform to the requirements of this subsection and subsection (d) of this section and will be resolved through use of the procedures that are described in subsections (e) - (g) of this section. The protesting party must mail or deliver copies of the protest to the agency and other interested parties.(2) In the event of a timely protest under this rule, the agency will not proceed further with the solicitation or award of the contract unless the CFO, after consultation with appropriate staff, makes a written determination that the contract must be awarded without delay to protect the best interests of the agency.(d) Protests. A formal protest must be sworn and contain:(1) a specific identification of the statutory or regulatory provision that the protesting party alleges has been violated;(2) a specific description of each action by the agency that the protesting party alleges to be a violation of the statutory or regulatory provision that the protesting party has identified pursuant to paragraph (1) of this subsection;(3) a precise statement of the relevant facts;(4) a statement of any issues of law or fact that the protesting party contends must be resolved;(5) a statement of the argument and authorities that the protesting party offers in support of the protest; and(6) a statement that copies of the protest have been mailed or delivered to the agency and all other identifiable interested parties.(e) Resolving Protests.(1) The CFO or his/her designee may settle and resolve the dispute over the solicitation or award of a contract at any time before the matter is submitted on appeal to the agency's general counsel or his/her designee. The CFO or his/her designee may solicit written responses to the protest from other interested parties.(2) If the protest is not resolved by mutual agreement, the CFO issues a written determination that resolves the protest.(3) If the CFO or his/her designee determines that no violation of statutory or regulatory provisions has occurred, then he/she must inform the protesting party and any other interested parties by a letter that sets forth the reasons for the determination.(4) If the CFO or his/her designee determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has not been awarded, then he/she must inform the protesting party and any other interested parties of that determination by letter that details the reasons for the determination and the appropriate remedy.(5) If the CFO or his/her designee determines that a violation of any statutory or regulatory provisions has occurred in a situation in which a contract has been awarded, then he/she must inform the protesting party and any other interested parties of that determination by a letter that details the reasons for the determination. This letter may include an order that declares the contract void.(f) Appealing a Protest.(1) The protesting party may appeal a determination of a protest by the CFO or his/her designee to the general counsel or his/her designee. An appeal of the CFO's determination must be in writing and be received by the general counsel not later than 10 workdays after the date on which the CFO or his/her designee has sent written notice of his/her determination. The scope of the appeal will be limited to reviewing the determination of the CFO or his/her designee. The protesting party must mail or deliver to the agency and all other interested parties a copy of the appeal, which must contain a certified statement that such copies have been provided.(2) The general counsel or his/her designee may refer the matter to the executive director for consideration or may issue a written decision that resolves the protest.(g) Referral of a Protest to the Executive Director. The following requirements apply to a protest that the general counsel or his/her designee refers to the executive director.(1) The general counsel or his/her designee delivers copies of the appeal and any responses by interested parties to the executive director.(2) The executive director may consider any documents that agency staff or interested parties have submitted.(3) A protest or appeal that is not filed timely will not be considered unless good cause for delay is shown or the executive director determines that an appeal raises issues that are significant to agency procurement practices or procedures in general.(4) A written decision that either the executive director or the general counsel or his/her designee has issued is the final administrative action of the agency.(h) Documentation Requirements. The agency maintains all documentation on the purchasing process that is the subject of a protest or appeal in accordance with the agency's retention schedule.</content><note type="source"><p>Source Note: The provisions of this §385.1109 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scA/s385.1111"><num value="385.1111">§385.1111</num><heading>Negotiation and Mediation of Contract Disputes</heading><content>(a) Purpose. In accordance with Texas Government Code Chapter 2260, the purpose of this rule is to establish procedures for the Texas Juvenile Justice Department (TJJD) and its contractors to engage in negotiation and/or mediation procedures to resolve certain disputes involving claims of breach of a written contract. These procedures are not intended to replace the process to resolve any disagreement concerning the contract in the ordinary course of contract administration under less formal procedures specified in the parties' contract.(b) Applicability.(1) This rule applies to TJJD and its contractors, as defined in Texas Government Code §2260.001.(2) This rule does not apply to:(A) a claim for personal injury or wrongful death arising from a breach of contract;(B) an action of TJJD for which a contractor is entitled to a specific remedy pursuant to state or federal constitution or statute;(C) a contract action proposed or taken by TJJD for which a contractor receiving Medicaid funds under that contract is entitled by state statute or rule to a hearing conducted in accordance with Texas Government Code Chapter 2001;(D) a contract that is solely and entirely funded by federal grant monies other than for a project defined in Texas Government Code §2166.001;(E) a contract between TJJD and the federal government or its agencies, another state, or another nation;(F) a contract between TJJD and another unit of state government;(G) a contract between TJJD and a local governmental body or a political subdivision of another state;(H) a claim from a contractor's subcontractor, officer, employee, agent, or other persons furnishing goods or services to a contractor;(I) a contract within the exclusive jurisdiction of state or local regulatory bodies; or(J) a contract within the exclusive jurisdiction of federal courts or regulatory bodies.(c) Sovereign Immunity.(1) To the extent allowed by law, this rule does not waive TJJD's sovereign immunity to suit or liability.(2) The procedures contained in this rule are exclusive and required prerequisites to suit under Texas Civil Practice and Remedies Code Chapter 107, and Texas Government Code Chapter 2260.(d) Contract Claims.(1) Notice of Claim of Breach of Contract.(A) A contractor asserting a claim for breach of contract under Texas Government Code Chapter 2260 must file notice of the claim as provided by this subsection.(B) The notice of claim must:(i) be submitted no later than 180 days after the date of the event that the contractor asserts as the basis of the claim;(ii) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the individual stated in the contract or to the executive director if no individual is identified;(iii) state in detail:(I) the nature of the alleged breach of contract, including the date of the event that the contractor asserts as the basis of the claim and each contractual provision allegedly breached;(II) a description of damages that resulted from the alleged breach, including the amount and method used to calculate those damages; and(III) the legal theory of recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed;(iv) provide supporting documentation or other tangible evidence to facilitate TJJD's evaluation of the claim; and(v) be signed by the contractor or the contractor's authorized representative.(2) Counterclaim by TJJD.(A) In order to assert a counterclaim, TJJD must file notice of the counterclaim not later than 60 days after the date of the contractor's notice of claim.(B) The notice of counterclaim must:(i) be submitted in writing;(ii) be delivered by hand, certified mail return receipt requested, or other verifiable delivery service to the contractor or representative of the contractor;(iii) state in detail:(I) the nature of the counterclaim;(II) a description of damages or offsets sought, including the amount and method used to calculate those damages or offsets; and(III) the legal theory supporting the counterclaim recovery, i.e., breach of contract, including the causal relationship between the alleged breach and the damages claimed;(iv) provide supporting documentation or other tangible evidence to facilitate the contractor's evaluation of TJJD's counterclaim; and(v) be signed by the executive director or his/her designee.(C) Nothing in this rule precludes TJJD from initiating a lawsuit for damages against the contractor in a court of competent jurisdiction.(e) Negotiation.(1) The parties may conduct negotiations of claims and counterclaims within a reasonable period of time as long as the negotiations start prior to the 120th day following the date TJJD receives the contractor's notice of claim.(2) The parties must complete the negotiations as provided by this rule as a prerequisite to a contractor's request for contested case hearing no later than 270 days after TJJD receives the contractor's notice of claim unless the parties agree in writing to extend the time for negotiations.(3) The parties may conduct negotiations with the assistance of one or more neutral third parties.(4) To facilitate the meaningful evaluation and negotiation of the claim(s) and any counterclaim(s), the parties may exchange relevant documents that support their respective claims, defenses, counterclaims, or positions.(5) Material submitted pursuant to this subsection and claimed to be confidential by the contractor are handled pursuant to the requirements of the Public Information Act.(6) The agreement may resolve an entire claim or counterclaim or any designated and severable portion of a claim.(7) The agreement must be in writing and signed by representatives of the contractor and TJJD who have authority to bind each respective party.(8) A partial settlement does not waive a party's rights under Texas Government Code Chapter 2260 to proceed on the parts of the claims or counterclaims that are not resolved.(9) Unless the parties agree otherwise, each party is responsible for its own costs incurred in connection with a negotiation, including, without limitation, the costs of attorney's fees, consultant's fees, and expert's fees.(f) Mediation.(1) The parties may agree to mediate the dispute at any time before the 120th day after TJJD receives the contractor's notice of claim or before the expiration of any written extension agreed to by the parties.(2) The parties may mediate the dispute even after the case has been referred to the State Office of Administrative Hearings (SOAH) for a contested case. SOAH may also refer a contested case for mediation pursuant to its own rules and guidelines, whether or not the parties have previously attempted mediation.(3) The mediation is subject to the provisions of the Governmental Dispute Resolution Act, Texas Government Code Chapter 2009. For purposes of this rule, mediation is assigned the meaning set forth in the Texas Civil Practice and Remedies Code §154.023.(4) To facilitate a meaningful opportunity for settlement, the parties must, to the extent possible, select representatives who are knowledgeable about the dispute and:(A) who are in a position to reach agreement; or(B) who can credibly recommend approval of an agreement.(5) Sources of mediators include governmental officers or employees who are qualified as mediators under Texas Civil Practice and Remedies Code §154.052, private mediators, SOAH, the Center for Public Policy Dispute Resolution at the University of Texas School of Law, an alternative dispute resolution system created under Texas Civil Practice and Remedies Code Chapter 152, or another state or federal agency or through a pooling agreement with several state agencies.(6) The confidentiality of a final settlement agreement to which TJJD is a signatory that is reached as a result of the mediation is governed by Texas Government Code Chapter 552.(7) Each party is responsible for its own costs incurred in connection with the mediation, including costs of document reproduction for documents requested by such party, attorney's fees, and consultant or expert fees. The costs of the mediation process itself are divided equally between the parties.(g) Settlement Agreement.(1) A settlement agreement reached as a result of negotiation or mediation that resolves an entire claim or counterclaim or any designated and severable portion of a claim or counterclaim must be in writing and signed by the representatives of the contractor and TJJD who have authority to bind each respective party.(2) If the settlement agreement does not resolve all issues raised by the claim and counterclaim, the agreement must identify the issues that are not resolved.(3) A partial settlement does not waive a contractor's rights under Texas Government Code Chapter 2260, as to the parts of the claim that are not resolved.(h) Referral to the State Office of Administrative Hearings.(1) The contractor may request a contested case hearing before SOAH after the 270th day after TJJD receives the contractor's notice of claim or the expiration of any written extension.(2) If a claim for breach of contract is not resolved in its entirety through negotiation or mediation in accordance with this rule on or before the 270th day after TJJD receives notice of claim, or after the expiration of any written extension agreed to by the parties, the contractor may file a request with TJJD for a contested case hearing before SOAH.(3) A request for a contested case hearing must state the legal and factual basis for the claim, and must be delivered to the executive director of TJJD or other officer designated in the contract to receive notice within a reasonable time after the 270th day or the expiration of any written extension agreed to by the parties.(4) TJJD forwards the contractor's request for a contested case hearing to SOAH within a reasonable period of time, not to exceed 30 days after receipt of the request.(5) The parties may agree to submit the case to SOAH before the 270th day after the notice of claim is received by TJJD if they have achieved a partial resolution of the claim or if an impasse has been reached in the negotiations and proceeding to a contested case hearing would serve the interests of justice.</content><note type="source"><p>Source Note: The provisions of this §385.1111 adopted to be effective July 15, 2011, 36 TexReg 4416; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective July 15, 2014, 39 TexReg 5440.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c385/scB"><num value="B">SUBCHAPTER B</num><heading>INTERACTION WITH THE PUBLIC</heading><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8103"><num value="385.8103">§385.8103</num><heading>Board Proceedings</heading><content>(a) Organization.(1) The Texas Juvenile Justice Board (Board) is a nine-member body appointed by the governor to oversee the Texas Juvenile Justice Department. The Board chair is designated by and serves at the pleasure of the governor.(2) The Board may elect or appoint a vice chair to preside over meetings in the chair's absence.(3) The Board chair may appoint members of the Board to be chairs or members of standing or limited-purpose committees.(4) Unless otherwise provided by law, the Board chair, with the Board's approval, shall appoint the members of any advisory committees established under Chapter 203, Human Resources Code.(b) Powers and Responsibilities.(1) The Board shall have primary responsibility for policymaking activities, including, but not limited to, establishing the department's mission and adopting rules.(2) The Board shall have the sole responsibility for the adoption of rules proposed by the Board or the department. Unless otherwise provided by law, the Board shall follow the rulemaking procedures established in the Administrative Procedure Act (Chapter 2001, Government Code).(3) The Board may delegate to the executive director the Board's responsibilities, as the Board determines appropriate. In making such a delegation, the Board shall provide clear direction, performance measures, reporting requirements, and oversight, as appropriate, to ensure the delegated responsibilities are performed.(4) The Board shall develop and publish on TJJD's website procedures regarding its operations and proceedings in a governance manual.(c) Meetings.(1) The Board shall meet at least quarterly at a site determined by the chair.(2) The Board meets at the call of the Board chair.(3) Every regular and special-called meeting of the Board shall be announced and conducted in accordance with the Open Meetings Act (Chapter 551, Government Code). These meetings shall be open to the public as provided by the Open Meetings Act.(4) Board meetings shall be conducted according to the current edition of Robert's Rules of Order Newly Revised in all instances to which they are applicable as long as they are not inconsistent with the Texas Constitution or the statutes or rules applicable to the Board. Any rule within Robert's Rules of Order Newly Revised may be modified as deemed necessary by the Board chair for the proper conduct of the meeting, subject to an objection by a Board member.(5) The transaction of business before the Board requires a quorum of the Board be present. A quorum of the Board is five members. When a quorum is present, a motion before the Board is carried by an affirmative vote of the majority of the Board members present that are participating in the vote.(6) As a member of the Board, the Board chair may make motions without the necessity of relinquishing the chair, subject to an objection from a Board member.(7) The Board chair may limit the number and length of comments provided on any item on the agenda, subject to an objection from a Board member.(8) The Board shall provide the public with a reasonable opportunity to address the Board on issues under the Board's jurisdiction. (A) A person who wants to speak during a Board meeting must register in accordance with the Board meeting instructions. The person may speak during the public comment portion of the meeting or, at the discretion of the Board chair, during the discussion of a specific agenda item.(B) The Board or the department may provide instructions regarding the presentation of public comments during a Board meeting.(9) The Board shall provide the Office of Independent Ombudsman with a reasonable opportunity to address the Board on issues under the Board's jurisdiction.(10) Department staff shall ensure Board members are provided the materials necessary to conduct Board business in advance of Board meetings.</content><note type="source"><p>Source Note: The provisions of this §385.8103 adopted to be effective December 1, 2024, 49 TexReg 9569.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8107"><num value="385.8107">§385.8107</num><heading>Petition for Adoption of a Rule</heading><content>(a) Purpose. This rule provides a procedure for any person to petition the Texas Juvenile Justice Department (TJJD) to adopt a rule in compliance with the requirements of the Administrative Procedure Act.(b) Submission of the Petition.(1) Any individual, partnership, corporation, association, governmental subdivision, or public or private organization that is not a state agency may petition TJJD to adopt a rule.(2) The petition must:(A) be mailed or delivered to the executive director of TJJD at his/her office;(B) be in writing;(C) contain the petitioner's name and address; and(D) describe the rule and the reason for the petition.(3) If the executive director of TJJD determines further information is necessary to assist TJJD in reaching a decision, the executive director may require the petitioner to resubmit the petition with:(A) a brief explanation of the proposed rule;(B) the text of the proposed rule prepared in a manner that demonstrates the words to be added to or deleted from the current text, if any;(C) the statutory authority or other authority under which the proposed rule is to be promulgated; and(D) the public benefits anticipated as a result of adopting the proposed rule or the anticipated public injury or inequity which could result from the failure to adopt the proposed rule.(c) Consideration and Disposition of the Petition.(1) Within 60 days after receiving the petition under subsection (b)(2) or (b)(3) of this section, TJJD must deny the petition or initiate a rulemaking proceeding in accordance with the Administrative Procedure Act.(2) If TJJD denies the petition, the executive director must give the petitioner written notice of TJJD's denial, stating the reasons for the denial.(d) Subsequent Petitions to Adopt the Same Rule. All initial petitions for the adoption of a rule are presented to and decided by TJJD in accordance with the provisions of subsections (b) and (c) of this section. The executive director may refuse to consider any subsequent petition for the adoption of the same rule submitted within six months after the date of TJJD's receipt of the initial petition under subsection (b)(2) of this section.</content><note type="source"><p>Source Note: The provisions of this §385.8107 adopted to be effective December 31, 1996, 21 TexReg 11819; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8111"><num value="385.8111">§385.8111</num><heading>Complaints from the Public</heading><content>(a) Purpose. This rule establishes a process through which the Texas Juvenile Justice Department (TJJD) resolves public complaints about TJJD operations and services, including complaints that allege violations of the Americans with Disabilities Act of 1990 (ADA). Members of the public are entitled to and shall receive timely and responsive resolutions to their complaints.(b) Public Complaint That Does Not Involve an ADA Violation.(1) How to File a Public Non-ADA Complaint.(A) Complaints must be filed in writing within 180 calendar days after the complainant became aware of the circumstances that are the basis of the complaint. TJJD may refuse to consider the complaint if it is not filed within the 180-day deadline.(B) No particular format is required for a complaint. However, the complaint should contain at least the following information:(i) name, address, and telephone number of the person filing the complaint; and(ii) the nature of the complaint and a brief description of the circumstances surrounding the complaint to include location, names, and dates.(2) Where to File a Public Non-ADA Complaint.(A) The complaint may be mailed, emailed, or submitted in person to:(i) the public complaint coordinator in TJJD's Central Office; or(ii) the administrator of a TJJD field office or facility. That administrator immediately notifies the public complaint coordinator and forwards the written complaint to the public complaint coordinator within two working days from the date the complaint was received.(B) The mailing addresses and physical addresses of TJJD facilities and offices are available on TJJD's website.(3) Processing Procedures for Public Non-ADA Complaints.(A) The public complaint coordinator is notified of all complaints received and maintains a record of each complaint.(B) The public complaint coordinator assigns each complaint to the most appropriate administrator for response.(C) The administrator assigned to respond to a complaint:(i) attempts to resolve the complaint in a timely and effective manner;(ii) reports the status of efforts to resolve the complaint to the complainant at least monthly until and including final disposition;(iii) sends copies of the monthly status updates to the public complaint coordinator.(c) Public Complaint That Involves an ADA Violation.(1) ADA Compliance Officer. TJJD complies with the Americans with Disabilities Act of 1990 (ADA). The executive director has appointed the agency's human resources director as the ADA compliance officer. The human resources director is located in the agency's Central Office. The address of the Central Office is available on TJJD's website.(2) How to File a Public ADA Complaint.(A) Complaints may be filed in writing or verbally. If the complaint is initially filed verbally, it must subsequently be reduced to writing and received by the ADA compliance officer not later than 15 calendar days after the ADA compliance officer was notified of the initial verbal filing. The complaint must be filed within 180 calendar days after the complainant became aware of, or should have become aware of, the alleged violation. TJJD may refuse to consider the complaint if it is not filed within the 180-day deadline.(B) No particular format is required for an ADA complaint. However, the complaint should contain at least the following information:(i) name, address, and telephone number of the person filing the complaint; and(ii) the nature of the complaint and a brief description of the circumstances surrounding the complaint to include location, names, and dates.(3) Where to File a Public ADA Complaint. The complaint may be filed by any of the following means:(A) directly, either verbally or in writing, with the ADA compliance officer in the Central Office; or(B) in writing with the administrator of any TJJD field office or facility. That administrator immediately notifies the ADA compliance officer and forwards the written complaint to the ADA compliance officer within two working days from the date the complaint was received.(4) Processing Procedures for Public ADA Complaints.(A) ADA Compliance Officer and Employee Grievance Administrator Responsibilities. Within five calendar days after the ADA compliance officer receives the written complaint, the ADA compliance officer or designee and the employee grievance administrator jointly identify the appropriate decision authority and establish a date the complainant is due receipt of the decision. As soon as possible after identification of the decision authority, the ADA compliance officer or designee notifies the complainant of receipt of the complaint, the name of the decision authority (i.e., the TJJD administrator appointed to resolve the complaint), and the date a decision is due.(B) Decision Authority's Responsibilities.(i) Assignment. Immediately upon receipt of the complaint, the decision authority reviews it to ensure that he/she has the authority to grant the requested relief. If the decision authority does not have the authority to at least take the first steps towards granting relief (if the requested relief involves a lengthy, multi-step process), he/she forwards the complaint to the next-level administrator who has the authority to act on the complaint.(ii) Time Lines. The decision authority has 25 calendar days from the date he/she received the complaint to conduct an investigation, resolve the complaint, prepare a written decision, obtain a legal review of the decision, and notify the complainant in writing of the decision. If for good cause the decision authority requires additional time for investigation and resolution of the complaint, he/she notifies the ADA compliance officer, employee grievance administrator, and the complainant of the reasons for the delay and provides an estimated decision date.(iii) Investigation. The decision authority conducts the investigation or appoints an employee to conduct the investigation and provide the decision authority with non-binding recommendations. Prior to commencing the investigation, the investigator (i.e., the employee who will actually conduct the investigation) reviews the complaint with the TJJD legal department. During the course of the investigation, the investigator keeps the complainant informed of adjustments to his/her time line.(iv) Report of Investigation.(I) Prior to release of the written decision to the complainant or to any other person or entity, the decision authority submits the proposed decision to the TJJD legal department for review. Within five working days after receiving the proposed decision, the legal department reviews the proposed decision for legal sufficiency and informs the decision authority accordingly.(II) Upon finalization of the written decision, the decision authority provides the written decision to the complainant, the complainant's representative (if any), the ADA compliance officer, the employee grievance coordinator, and the TJJD general counsel. If the decision is adverse to the complainant, the decision authority includes the reasons for the adverse decision.(5) Request for Review of Public ADA Complaint Decision.(A) If the complainant is dissatisfied with the decision, he/she may request a review of the decision by the TJJD executive director. The request must:(i) be submitted within ten calendar days after the date of receipt of the decision;(ii) include a copy of the written decision and a written statement specifically outlining the reasons for disagreement; and(iii) be addressed to the TJJD executive director at the agency's Central Office. The address of the Central Office is available on TJJD's website.(B) The executive director or designee notifies the complainant in writing of the result of the review within 20 calendar days after receipt of the request for review. Prior to releasing his/her decision, the executive director should submit the complaint record to the TJJD legal department for review and advice. If the executive director's decision upholds the initial ruling, the written notification need only state that the issue has been considered and no valid reason has been found to warrant reversing the decision.(C) The decision is distributed to the parties identified in paragraph (4)(B)(iv)(II) of this subsection.(D) The decision by the executive director finalizes the complaint process within TJJD and exhausts the complainant's administrative remedies.(6) Record Repository for Public ADA Complaints. The ADA compliance officer or designee maintains the files and records of all ADA complaints. Upon completion of processing the complaint, the original decision authority ensures that the original complaint, all correspondence, and any other relevant materials are forwarded to the ADA compliance officer for filing. The ADA compliance officer ensures that any appeals are similarly filed.</content><note type="source"><p>Source Note: The provisions of this §385.8111 adopted to be effective December 31, 1996, 21 TexReg 11819; amended to be effective April 15, 2002, 27 TexReg 2829; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8134"><num value="385.8134">§385.8134</num><heading>Notice of Youth Confessions of Child Abuse</heading><content>(a) Purpose. This rule provides requirements, consistent with the Texas Family Code, Chapter 261, Subchapter B, for Texas Juvenile Justice Department (TJJD) staff members or volunteers to report information regarding TJJD youth who confess to having abused or neglected a child or children at a time other than when assigned to a TJJD-operated residential facility or contract care program.(b) Applicability. This rule does not apply to reporting suspected abuse or neglect of youth in TJJD programs, which is addressed in §380.9333 of this title.(c) Definitions. For the purposes of this rule, abuse and neglect are defined by Texas Family Code §261.001.(d) Reporting.(1) In accordance with Texas Family Code §261.101, a TJJD staff member or volunteer who has cause to believe that a TJJD youth is responsible for abusing or neglecting a child or children at a time other than when the youth was assigned to a TJJD-operated residential facility or contract care program must, within 48 hours after receiving the information upon which the belief is based, report the alleged abuse or neglect to the Texas Department of Family and Protective Services (DFPS) or to a state or local law enforcement agency where the alleged abuse or neglect occurred. The report must contain accurate and detailed information upon which the cause to believe abuse or neglect occurred is based.(2) A report does not need to be made if it is determined from existing documentation that the alleged abuse or neglect:(A) has already been referred to DFPS or a law enforcement agency and the new report includes no new information;(B) relates only to conduct that resulted in the youth's commitment to TJJD; or(C) relates only to conduct that resulted in a previous referral to a juvenile probation department or to juvenile court.(3) The staff member or volunteer must inform his/her supervisor about the report.</content><note type="source"><p>Source Note: The provisions of this §385.8134 adopted to be effective January 31, 2001, 26 TexReg 762; amended to be effective July 31, 2001, 26 TexReg 4875; amended to be effective May 18, 2004, 29 TexReg 4890; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8135"><num value="385.8135">§385.8135</num><heading>Rights of Victims</heading><content>(a) Purpose. This rule addresses the rights of victims as described in Texas Family Code Chapter 57 and Texas Code of Criminal Procedure Article 56.02 and allows victims to provide input into the release process of youth committed to the Texas Juvenile Justice Department (TJJD).(b) Applicability. All of the rules and procedures afforded to a victim of a youth in TJJD custody, as indicated by the use of the term victim in this section, are equally afforded to the guardian of a victim or close relative of a deceased victim.(c) Definitions.(1) Victim--a person who as the result of the delinquent conduct of a child suffers a pecuniary loss or personal injury or harm.(2) Close relative of a deceased victim--a person who was the spouse of a deceased victim at the time of the victim's death or who is a parent or adult brother, sister, or child of the deceased victim.(3) Guardian of a victim--a person who is the legal guardian of the victim, whether or not the legal relationship between the guardian and victim exists because of the age of the victim or the physical or mental incompetency of the victim.(d) Victim Confidentiality.(1) Information in a Juvenile Victim Impact Statement or information submitted in the preparation of this statement is confidential with regard to the victim's name, social security number, address, telephone number, and any other information that would identify or tend to identify the victim.(2) Any information obtained from or about a victim may not be shared with youth and may be disclosed only as provided by law.(3) Any information that identifies an individual as a victim of an offense under Section 20A.02, 20A.03, 21.02, 21.11, 22.011, 22.021, 43.05, or 43.25, Penal Code, or of any other offense that is part of the same criminal episode as one of those offenses is confidential and may be disclosed only as provided by law.(4) Any information that identifies an individual as a victim of an offense that was committed when the victim was younger than 18 is confidential and may be disclosed only as provided by law.(e) Victim's Right to Information.(1) A victim may request, in writing, any of the information listed below:(A) information concerning the procedures for release or transfer of the youth from one program placement to another, including to the custody of the Texas Department of Criminal Justice (TDCJ);(B) notification of:(i) release to TJJD parole;(ii) placement in a facility of less than high restriction; and(iii) discharge from TJJD supervision, including discharge upon transfer to the TDCJ Correctional Institutions Division (TDCJ-CID) or TDCJ Parole Division (TDCJ-PD).(2) If there is a signed request from the victim, the information is sent to the victim's most current address on file.(3) For a victim who has requested information concerning a youth, TJJD staff may reveal only the following:(A) that the youth is under TJJD's supervision;(B) the youth's minimum length of stay and/or minimum period of confinement;(C) the committing offense in which the victim was involved;(D) the youth's conditions of parole supervision (except specialized treatment) and, if the youth is living at a TJJD residential placement, the physical address of that placement;(E) information about TJJD's release review process and an invitation to participate in that process;(F) that the youth has been transferred to another location and the name of that location, unless the program is only for substance abuse and/or mental health treatment;(G) the name of the youth's caseworker and/or parole officer; and(H) general information about the agency's rehabilitation program without revealing specific information regarding the youth's treatment.(f) Victim's Right to Participation.(1) A victim may provide information to be considered by TJJD. Information provided by the victim shall be considered:(A) when evaluating the youth's progress in the rehabilitation program, to include when determining if the youth has successfully completed the rehabilitation program or should be transitioned to a placement of less than high restriction;(B) by the Release Review Panel when determining if the youth should be paroled, be discharged, or remain in a TJJD or contract facility on institutional status for further rehabilitation; and(C) when making decisions regarding the possible transfer of a youth with a determinate sentence to TDCJ-CID or TDCJ-PD.(2) If the victim requests in writing and receives permission to provide input in person or by videoconference or teleconference, the victim will be provided the opportunity to do so.(3) Victims who provide input in person are provided a waiting area separate from any location where they might encounter the youth.(g) Victim Appeal. The victim has no right of appeal in any TJJD decision.</content><note type="source"><p>Source Note: The provisions of this §385.8135 adopted to be effective December 16, 1999, 24 TexReg 10892; amended to be effective May 31, 2006, 31 TexReg 4442; amended to be effective November 1, 2011, 36 TexReg 7345; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632; amended to be effective May 1, 2022 47 TexReg 2298.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8145"><num value="385.8145">§385.8145</num><heading>Volunteers and Community Resources Council</heading><content>(a) Purpose. This rule establishes a volunteer program within the Texas Juvenile Justice Department (TJJD) to expand youth opportunities for educational and recreational experiences and to provide youth with increased social interactions.(b) Community Resource Councils. Community resource councils are established to support the youth committed to TJJD. Community resource councils are organized as nonprofit corporations with tax-exempt status. The councils' role includes:(1) informing the community about TJJD;(2) informing TJJD of community interests and concerns;(3) promoting volunteer/community engagement; and(4) generating community resources to benefit youth committed to TJJD.(c) Volunteer Program.(1) The manager of community programs administers TJJD's volunteer program.(2) A qualified community relations coordinator oversees the volunteer program at each TJJD-operated facility and parole office.(3) Volunteers must successfully complete all screening and application processes, including:(A) submitting to a criminal background check in accordance with §385.8181 of this title;(B) providing fingerprints;(C) providing personal character references; and(D) participating in an interview.(4) Volunteers are recruited and selected from various cultural and socioeconomic segments of the community.(5) Every TJJD-operated residential facility and parole office must use volunteers to enhance rehabilitation efforts for youth.(6) Volunteers are oriented to the TJJD program and receive training before being assigned to work with youth.(7) Volunteers must agree in writing to abide by federal and state laws and TJJD policies and rules concerning confidentiality of youth information.(8) Volunteers are officially registered and provided proper identification as volunteers.(9) Volunteers may not perform professional services for TJJD unless certified or licensed to perform those services.(d) Youth as Volunteers. Qualified youth are encouraged and provided assistance to participate in volunteer activities in the community.(e) Employees as Volunteers. Employees may participate in volunteer activities in accordance with TJJD's policies and procedures.</content><note type="source"><p>Source Note: The provisions of this §385.8145 adopted to be effective December 31, 1996, 21 TexReg 11819; amended to be effective August 19, 2002, 27 TexReg 7545; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8165"><num value="385.8165">§385.8165</num><heading>Site Selection for Juvenile Facility Construction</heading><content>(a) Purpose. This rule establishes a systematic process for selecting sites for the construction of juvenile facilities that will be solely owned and operated by the Texas Juvenile Justice Department (TJJD).(b) Applicability. This rule does not apply when the only sites under consideration are adjacent to:(1) existing residential facilities owned or leased by TJJD; or(2) contracted residential facilities.(c) General Provisions.(1) Sites should facilitate settings that provide safe environments for staff and youth, meet applicable security requirements, and provide reasonable protection for the public.(2) TJJD selects a site through a Request-for-Proposal (RFP) process unless otherwise directed by the TJJD board or Texas Legislature.(d) Request for Proposals.(1) An RFP for the site selection of a facility to be solely owned and operated by TJJD must be prepared by staff selected by the executive director or designee.(2) The RFP must:(A) identify the minimum requirements for the site and improvements that are necessary to accommodate the facility described in the RFP or contemplated by TJJD; and(B) include criteria to be used to evaluate the site and improvements.(3) The geographical area(s) identified in the RFP are based on a projection of the number of youth committed to TJJD in the area(s).(4) All government entities and private groups or individuals within an identified area are encouraged to submit proposals. It is the responsibility of each proponent to obtain a copy of the RFP.(5) The general criteria in the RFP must include, at a minimum, the following general categories:(A) availability of a labor force that is capable of meeting the operational needs of the facility and that represents the cultural diversity of the youth served;(B) availability of adequate medical facilities nearby;(C) availability of academic and educational support;(D) availability of fire and police service in the immediate area;(E) location of the site in relation to existing properties (e.g., schools, churches, residential developments, etc.);(F) suitability of the site for ease of construction and cost effectiveness;(G) availability and accessibility of utilities and appropriate infrastructure; and(H) social impact and level of community support.(e) Selection Process.(1) The executive director selects a review committee composed of TJJD staff. The TJJD board chair appoints a TJJD board member to chair the committee.(2) The review committee:(A) reviews all proposals received;(B) evaluates the proposals based on the criteria stated in the RFPs; and(C) ranks the proposals based on the evaluations.(3) The chair of the review committee presents the results of the review to the TJJD board.(4) Final site selection is made by the TJJD board unless otherwise directed by the Texas Legislature.</content><note type="source"><p>Source Note: The provisions of this §385.8165 adopted to be effective December 31, 1996, 21 TexReg 11819; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8170"><num value="385.8170">§385.8170</num><heading>Acceptance of Gifts of $500 or More</heading><content>(a) Purpose. This rule establishes a process for the Texas Juvenile Justice Department (TJJD) to accept gifts, grants, or donations of money or property having an actual or estimated value of $500 or more.(b) Applicability.(1) This policy applies to gifts that are to be administered or distributed by TJJD or that are to be used by TJJD to operate or improve TJJD's programs or facilities, including the following:(A) gifts made to TJJD by community resource councils;(B) gifts of money or property; and(C) gifts that support a youth activity.(2) This policy does not apply to the following:(A) gifts made to community resource councils;(B) volunteer services; or(C) gifts made to individual youth.(c) General Provisions.(1) The Texas Juvenile Justice Board (Board) is required to acknowledge the acceptance of gifts having an actual or estimated value of $500 or more not later than the 90th day after the date the gift is accepted. Legislative approval is required for the acceptance of gifts of real property.(2) If the actual value of a gift cannot be ascertained, a gift may be assigned an estimated value of $500 or more by the donor, the chief local administrator, or the chief financial officer or designee.(3) A gift that has an actual or estimated value of $500 or more must not be accepted from a person(s) who is involved in a contested case before the agency until the 30th day after the date the decision in the case becomes final.(4) Gifts of cash to the agency must not be accepted unless the check is made payable to "Texas Juvenile Justice Department".(5) Upon TJJD's receipt of a gift having an actual or estimated value of $500 or more, TJJD must send the donor a written acknowledgement of receipt of the gift and conditional acceptance, subject to the Board's acknowledgement of acceptance.(6) The Board's acknowledgement of the gift is by a majority vote of the Board in an open meeting. The minutes of the Board meeting must reflect the name of the donor, a description of the gift, and the purpose of the gift.(7) TJJD must send written notification to the donor of the Board's action regarding the gift. The written notification must indicate that the gift has an actual or estimated value of $500 or more, but may not assign a specific value to the item donated unless the donor has provided suitable documentation of that value.(8) The executive director must approve the planned use of estate gifts having an actual or estimated value of $500 or more.</content><note type="source"><p>Source Note: The provisions of this §385.8170 adopted to be effective November 8, 2005, 30 TexReg 7229; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8181"><num value="385.8181">§385.8181</num><heading>Background Checks</heading><content>(a) Policy. The Texas Juvenile Justice Department (TJJD) reviews criminal histories and employment references for certain persons as required under Section 242.010, Human Resources Code.(b) Applicability. This rule does not apply to:(1) youth access to a personal attorney under §380.9311 of this title;(2) youth access to a personal clergy member under §380.9317 of this title; or(3) youth access to visitors under §380.9312 of this title.(c) Definitions. The following terms have the following meanings when used in this rule:(1) Advocate--a person employed by or otherwise officially associated with an organization registered with TJJD as an advocacy or support group under §385.8183 of this title.(2) Background Check--obtaining certain information, including, at a minimum:(A) Criminal History Check--a compilation of the national and state criminal history information maintained by the Federal Bureau of Investigation and the Texas Department of Public Safety; and(B) Employment Reference Check--references from previous and current employers.(3) Contractor--a person under contract with TJJD individually or an employee or subcontractor of an organization under contract with TJJD.(4) Covered Person--(A) an employee, volunteer, ombudsman, special event visitor, or advocate working for TJJD, in a TJJD facility, or in a facility under contract with TJJD;(B) a contractor who has direct access to youth in TJJD facilities;(C) any person not described in paragraphs (4)(A) or (4)(B) of this subsection who provides direct delivery of services to youth in TJJD custody;(D) any person not described in paragraphs (4)(A) or (4)(B) of this subsection who is authorized to have unsupervised access within TJJD facilities or offices to records of identifiable TJJD youth; or(E) any person who is an applicant for a position as an employee, volunteer, or ombudsman.(5) Employee--a person employed by TJJD.(6) Ombudsman--a person employed by the Office of Independent Ombudsman.(7) Special Event Visitor--a person who:(A) is invited by TJJD to participate in a special event for the benefit of youth;(B) does not participate in more than four special events in any 12-month period;(C) does not provide direct delivery of services to youth;(D) does not have access to youth records; and(E) does not meet the definition of advocate, contractor, employee, or ombudsman.(8) Volunteer--a person who is registered with TJJD and is in a position that renders services for or on behalf of TJJD who does not receive compensation in excess of reimbursement for expenses incurred in that position, or a person who participates in more than four special events in a 12-month period. For purposes of this rule, the term volunteer does not include special event visitors.(d) General Provisions.(1) Except as described in paragraphs (2) and (3) of this subsection, TJJD:(A) conducts a background check on each covered person prior to granting the person access to youth, youth records, or any residential facility operated by or under contract with TJJD; and(B) conducts a criminal history check on each covered person at least once per year thereafter.(2) A criminal history check is completed before each visit by a special event visitor.(3) The TJJD executive director or designee may waive the background check:(A) for a contractor when physical or procedural barriers are in place to prevent the contractor from having contact with or access to TJJD youth, and the scope of services to be performed does not involve access to youth records;(B) for a contractor who has an independent legal obligation to protect the confidentiality of youth records, and the scope of services to be performed does not involve access to youth;(C) for a covered person who provides direct delivery of off-site services to youth assigned to residential facilities when the person is required to submit to a background check as a condition of professional licensure or employment (e.g., referrals to a health-care specialist);(D) for a covered person providing necessary services in an emergency situation when no appropriately screened service providers offering the same or similar service are immediately available and a delay in providing the service would risk significant harm to a youth (e.g., emergency room visits or rape crisis counseling); or(E) for a covered person, other than a TJJD employee, providing services in his/her official capacity as an employee of a federal, state, or local governmental entity.(4) TJJD does not assess a fee in connection with the administrative costs incurred in conducting a background check as described in this rule.(5) As part of the initial criminal history background check, a covered person other than a special event visitor must electronically provide a complete set of fingerprints to TJJD in the manner determined by TJJD. A special event visitor who wishes to participate in a fifth event within a 12-month period must provide a complete set of fingerprints to TJJD and enroll in the volunteer program.(6) A covered person other than a special event visitor must provide employment history information in a form and manner determined by TJJD.(7) All criminal history information obtained from the National Crime Information Center or any state crime information database is confidential and may be released only in accordance with applicable law.(e) Standards for Evaluating Background Information.(1) Background check results for covered persons are evaluated according to standards established in TJJD's policies addressing eligibility for employment or assignment in effect at the time the background check is conducted.(2) When a background check reveals a criminal or employment history that is unacceptable for the position or service to be performed by an employee or volunteer, TJJD terminates or denies that person's employment or enrollment. TJJD provides written notice to the person whose employment or enrollment is terminated or denied.(3) When a background check reveals a criminal or employment history that is unacceptable for the position or service to be performed by a contractor, advocate, special event visitor, or ombudsman, TJJD denies the person access to youth, youth information, and/or TJJD facilities. TJJD provides written notice to the person whose access is denied.</content><note type="source"><p>Source Note: The provisions of this §385.8181 adopted to be effective February 15, 2009, 34 TexReg 854; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123; amended to be effective May 1, 2019, 44 TexReg 2160.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scB/s385.8183"><num value="385.8183">§385.8183</num><heading>Advocacy, Support Group, and Social Services Provider Access</heading><content>(a) Purpose. This rule establishes a process for allowing advocacy and support groups and social services providers to provide on-site information, support, and other services for youth confined in Texas Juvenile Justice Department (TJJD) residential facilities.(b) Applicability.(1) This rule applies to residential facilities operated by TJJD.(2) This rule does not apply to a youth's access to his/her personal attorney or personal clergy member in accordance with §380.9311 of this title and §380.9317 of this title.(c) Definitions. The following words and terms have the following meanings when used in this rule, unless the context clearly indicates otherwise:(1) Advocacy or Support Groups--organizations whose primary functions are to benefit children, inmates, girls and women, persons with mental illness, or victims of sexual assault.(2) Social Services Providers--organizations whose primary functions are to provide psychological, social, educational, health, and other related services to juveniles and their families.(3) Confined--placement in a residential facility.(4) Confidential Setting--a setting that provides for private conversation but is within the line of sight of a TJJD staff member who is authorized to provide sole supervision of youth.(d) Registration Procedures.(1) An advocacy or support group or social services provider must register with TJJD prior to providing on-site information, support, or other services to confined youth.(2) In order to register with TJJD, an advocacy or support group or social services provider must provide the following in a form and manner determined by TJJD:(A) a copy of the articles of incorporation on file with the secretary of state or other official documentation showing the organization's primary purpose;(B) contact information for the local program director(s);(C) names of all persons employed by or otherwise officially representing the organization who would likely seek access to residential facilities under the provisions of this rule; and(D) if 24-hour access to residential facilities is believed to be necessary to perform the organization's primary function, a written justification of the need for such access and the names of individuals representing the organization who perform the function for which 24-hour access is requested.(3) The TJJD division director with responsibility over volunteer services or his/her designee determines whether or not an organization qualifies as an advocacy or support group or social services provider as defined in this rule and whether or not 24-hour access, if requested, is necessary to provide the organization's primary function.(4) A determination that an organization does not qualify as an advocacy or support group or social services provider under this rule or a denial of a request for 24-hour access must be in writing and may be appealed to the TJJD executive director or his/her designee. The appeal must be in writing and clearly state the reason the organization should be considered an advocacy or support group or social services provider under this rule or the reason that denial of 24-hour access would prevent the organization from effectively performing its primary function.(5) A person representing a registered advocacy or support group or social services provider is not permitted to provide information, support, or other services to youth in a confidential setting unless and until:(A) TJJD conducts a background check pursuant to §385.8181 of this title and clears the person for such access; and(B) the person signs appropriate confidentiality agreements concerning youth information and/or records.(6) A registered advocacy or support group or social services provider must provide immediate written notification to TJJD when a person who is registered with TJJD as a representative of the organization ceases to represent the organization.(e) General Provisions.(1) A person who has been granted 24-hour access should provide reasonable advance notice of his/her intention to visit a facility to allow for security and confidentiality arrangements to be made. Lack of advance notice does not constitute grounds for denying entry.(2) A person who has not been granted 24-hour access may access residential facilities during youth waking hours. Such a person must provide at least 24-hour advance notice of his/her visit to the facility in order for security and confidentiality arrangements to be made. Visits with less than 24-hour advance notice will be accommodated when possible.(3) The security and confidentiality measures arranged by TJJD must not be designed to deny a registered advocacy or support group or social services provider access to youth.(4) A person who has been cleared for access and who has provided adequate advance notice, if required, will not be denied access to any residential facility unless, in the judgment of the facility administrator or designee, the circumstances existing at the time of the visit create an unacceptable risk to the safety of youth, staff, or visitors. If, upon arrival at a facility, a representative of an advocacy or support group or social services provider is denied entry due to unsafe conditions, the facility administrator or designee must provide written justification to the organization within three workdays. A youth's current placement in a security unit does not constitute an unacceptable safety risk that would prevent access by a registered group or provider but may be taken into consideration with other factors in making a determination of the safety of the current circumstances.(5) A person who has been cleared for access must present picture identification at the entry point in order to gain access to the facility.(6) Members of advocacy or support groups or social services providers are subject to search upon entry to a residential facility in accordance with §380.9710 of this title.(7) Under state law, any person, including a registered member of an advocacy or support group or social services provider, who has cause to believe that a youth has been or may be adversely affected by abuse, neglect, or exploitation has a legal obligation to report the matter in accordance with §380.9333 of this title. The reporting requirement applies without exception to a person whose personal communications may otherwise be privileged.(8) Youth have the right to refuse a visit with an advocate or social services provider.(9) Advocacy and support groups and social services providers may file complaints regarding the security and privacy procedures arranged by a facility in accordance with §385.8111 of this title.(10) Provisions of this rule may not be used to bypass the provisions of §380.9312 of this title regarding visitation procedures for family members of youth committed to TJJD.(f) Revocation of Access.(1) TJJD may revoke the access of a representative of a registered advocacy or support group or social services provider, with written notice, when:(A) the person has endangered the safety of youth or the security of the facility; or(B) the person has violated a TJJD confidentiality agreement.(2) Revocation of access may be appealed to the executive director or his/her designee. The appeal must be in writing and clearly state the reason the person's access should not be revoked.(g) Frequency Data.(1) The department shall track the frequency with which the executive director finalizes appeals described in subsections (d) and (f).(2) The department shall compile frequency data on a quarterly basis.(3) At the beginning of each quarter, the department shall provide the frequency data from the previous quarter to the governing board of the Texas Juvenile Justice Department and Sunset Advisory Commission.</content><note type="source"><p>Source Note: The provisions of this §385.8183 adopted to be effective February 15, 2009, 34 TexReg 855; amended to be effective November 1, 2011, 36 TexReg 7345; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632; amended to be effective July 15, 2024, 49 TexReg 5158.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p11/c385/scC"><num value="C">SUBCHAPTER C</num><heading>MISCELLANEOUS</heading><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9921"><num value="385.9921">§385.9921</num><heading>Legal Sufficiency Review for Administrative Findings of Abuse, Neglect, or Exploitation</heading><content>All findings in abuse, neglect, and exploitation investigations shall be reviewed for legal sufficiency before the appropriate parties are notified of the findings.</content><note type="source"><p>Source Note: The provisions of this §385.9921 adopted to be effective September 2, 2024, 49 TexReg 6750.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9941"><num value="385.9941">§385.9941</num><heading>Response to Ombudsman Reports</heading><content>(a) Purpose. The purpose of this rule is to establish procedures for the Texas Juvenile Justice Department (TJJD) to review and comment on reports issued by the Office of the Independent Ombudsman (OIO).(b) Applicability. This rule applies to the following types of reports issued by OIO:(1) quarterly reports issued under Human Resources Code §261.055(a);(2) reports concerning serious or flagrant circumstances issued under Human Resources Code §261.055(b); and(3) any other formal reports containing findings and making recommendations concerning systemic issues that affect TJJD.(c) Prior to Publication of an OIO Report.(1) Upon receipt of an OIO report prior to the report's publication, the TJJD executive director or his/her designee:(A) assigns the report for review and comment to appropriate staff members; and(B) drafts a formal response to the OIO report.(2) TJJD's formal response to the draft report shall be provided to OIO no later than 14 days after receipt of the draft report.(3) If the OIO report addresses serious or flagrant circumstances as described in Human Resources Code §261.055(b), TJJD shall expedite or eliminate its review of and comment on the report. The TJJD executive director or his/her designee:(A) determines whether to expedite or eliminate the review and comment process;(B) within one business day, notifies OIO of TJJD's intention to expedite or eliminate the review and comment process; and(C) in cases of expedited review, provides TJJD's formal comments to OIO no later than the third business day after the date TJJD receives the report.(d) After Publication of an OIO Report.(1) Upon publication of an OIO report, the TJJD executive director or his/her designee determines whether TJJD will make comments on the published report.(2) In cases where TJJD will make comments on a published OIO report, TJJD's formal response shall be submitted to OIO no later than the 30th day after the date the report is published.(3) If the published report addresses serious or flagrant circumstances as described in Human Resources Code §261.055(b), TJJD shall follow the procedures and deadlines established in subsection (c)(3) of this section.</content><note type="source"><p>Source Note: The provisions of this §385.9941 adopted to be effective December 6, 2010, 35 TexReg 10770; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9951"><num value="385.9951">§385.9951</num><heading>Death of a Youth</heading><content>(a) Purpose. This rule establishes requirements for notification, investigation, and reporting in the event of the death of a youth who is committed to the jurisdiction of the Texas Juvenile Justice Department (TJJD).(b) General Provisions. TJJD cooperates fully in any external investigations into the death of a youth.(c) Death of Youth Assigned to a Residential Facility. This subsection applies to the death of a youth committed to TJJD who, at the time of death, was assigned to a residential facility that is operated by TJJD or a TJJD contractor.(1) As soon as reasonably possible after the death of a youth, TJJD notifies the youth's parent/guardian. The notification is made in person whenever possible.(2) The TJJD Office of Inspector General conducts a criminal investigation and, as appropriate, notifies local law enforcement.(3) The TJJD division responsible for abuse, neglect, and exploitation investigations conducts an administrative investigation in accordance with §380.9333 of this title.(4) TJJD requests an autopsy regardless of the circumstances of the death.(5) The TJJD medical director may convene a morbidity and mortality review.(6) A TJJD staff member is made available to assist the parent/guardian with coordinating certain necessary matters, such as returning the youth's belongings and making funeral arrangements. If the parent/guardian is unable or unwilling to make burial arrangements, TJJD ensures an appropriate burial.(7) In accordance with Article 49.18 of the Texas Code of Criminal Procedure, TJJD submits a Custodial Death Report to the Office of the Attorney General within 30 days after the date of the death.(d) Death of Youth Assigned to a Home Placement. TJJD may conduct a criminal and/or administrative investigation, as determined on a case-by-case basis, if a youth committed to TJJD dies while assigned to a home placement.</content><note type="source"><p>Source Note: The provisions of this §385.9951 adopted to be effective December 31, 1996, 21 TexReg 12194; amended to be effective September 25, 2000, 25 TexReg 9227; amended to be effective December 14, 2003, 28 TexReg 11113; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9969"><num value="385.9969">§385.9969</num><heading>Collection of Delinquent Obligations</heading><content>(a) Purpose. This rule sets forth procedures to establish and determine the liability of each person responsible for an obligation to the Texas Juvenile Justice Department (TJJD), whether that liability can be established by statutory or common law. This rule also establishes procedures for collecting delinquent obligations pursuant to §2107.002 of the Texas Government Code.(b) Applicability. This rule does not apply to delinquent obligations for child support, which are processed according to §385.9967 of this title.(c) Definitions. The following words and terms have the following meanings when used in this rule.(1) Attorney general - The Office of the Attorney General of Texas, acting through its Bankruptcy and Collections Division.(2) Debtor - Any person or entity liable or potentially liable for an obligation owed to TJJD or against whom a claim or demand for payment has been made.(3) Delinquent - Payment is past due by law or by customary business practice, and all conditions precedent to payment have occurred or been performed.(4) Make demand - To deliver or cause to be delivered by first class United States mail a writing setting forth the nature and amount of the obligation owed to TJJD.(5) Demand letter - A writing making demand.(6) Obligation - A debt, judgment, claim, account, fee, fine, tax, penalty, interest, loan, charge, or grant.(7) Security - Any right to have property owned by an entity with an obligation to TJJD sold or forfeited in satisfaction of the obligation; and any instrument granting a cause of action in favor of the State of Texas and/or TJJD against another entity and/or that entity's property, such as a bond, letter of credit, or other collateral that has been pledged to TJJD to secure an obligation.(d) Procedures for Collecting Delinquent Obligations.(1) When TJJD determines the liability of each person responsible for an obligation, whether that liability can be established by statutory or common law, TJJD's collection procedures shall apply to every debtor, subject to reasonable tolerances established by TJJD.(2) TJJD records shall contain and reflect the identity of all persons liable on the obligation or any part thereof.(3) TJJD records shall reflect the correct physical address of the debtor's place of business, and, where applicable, the debtor's residence. Where a fiduciary or trust relationship exists between TJJD (or the state) as principal and the debtor as trustee, an accurate physical address shall be maintained. A post office box address should not be used unless it is impractical to obtain a physical address or the post office box address is in addition to a correct physical address maintained on TJJD's books and records.(4) Demand letters shall be mailed in an envelope bearing the notation "address correction requested" in conformity with 39 Code of Federal Regulations, Chapter III, Subchapter A, Part 3001, Subpart C, Appendix A, §911. If an address correction is provided by the United States Postal Service, the demand letter shall be re-sent to that address prior to the referral procedures described herein. Demand shall be made upon every debtor prior to referral of the account to the attorney general. The final demand letter shall include a statement, where practical, that the debt, if not paid, will be referred to the attorney general.(5) Where state law allows TJJD to record a lien securing the obligation, TJJD shall file the lien in the appropriate records of the county where the debtor's principal place of business, or, where appropriate, the debtor's residence, is located or in such county as may be required by law. The lien shall be filed as soon as the obligation becomes delinquent or as soon as is practicable. After referral of the delinquency to the attorney general, any lien securing the indebtedness may not be released, except on full payment of the obligation, without the approval of the attorney representing TJJD in the matter.(6) Where practicable, TJJD shall maintain individual collection histories of each account in order to document attempted contacts with the debtor, the substance of communications with the debtor, efforts to locate the debtor and his/her assets, and other information pertinent to collection of the delinquent account.(7) Prior to referral of the obligation to the attorney general, TJJD shall:(A) verify the debtor's address and telephone number;(B) transmit no more than two demand letters to the debtor at the debtor's verified address. The first demand letter shall be sent no later than 30 days after the obligation becomes delinquent. The second demand letter shall be sent no sooner than 30 days, but not more than 60 days, after the first demand letter. Where TJJD procedures, statutory mandates, or the requirements of this section indicate that a lawsuit on the account may be filed by the attorney general, the demand letters shall so indicate;(C) verify that the obligation is not legally uncollectible or uncollectible as a practical matter, as follows:(i) Bankruptcy. TJJD shall prepare and timely file a proof of claim, when appropriate, in the bankruptcy case of each debtor, subject to reasonable tolerances adopted by TJJD. Copies of all such proofs of claims filed shall be sent to the attorney general absent the granting of a variance. TJJD shall maintain records of notices of bankruptcy filings, dismissals and discharge orders received from the United States bankruptcy courts to enable TJJD to ascertain whether the collection of the claim is subject to the automatic stay provisions of the bankruptcy code or whether the debt has been discharged. TJJD may seek the assistance of the attorney general in bankruptcy collection matters where necessary, including the filing of a notice of appearance and preparation of a proof of claim.(ii) Limitations. If the obligation is subject to an applicable limitations provision that would prevent suit as a matter of law, the obligation shall not be referred unless circumstances indicate that limitations have been tolled or are otherwise inapplicable.(iii) Corporations. If a corporation has been dissolved, has been in liquidation under Chapter 7 of the United States Bankruptcy Code, or has forfeited its corporate privileges or charter, or, in the case of a foreign corporation had its certificate of authority revoked, the obligation shall not be referred unless circumstances indicate that the account is clearly uncollectible.(iv) Out-of-State Debtors. If the debtor is an individual and is located out-of-state, or outside the United States, the matter shall not be referred unless a determination is made that the domestication of a Texas judgment in the foreign forum would more likely than not result in collection of the obligation, or that the expenditure of TJJD funds to retain foreign counsel to domesticate the judgment and proceed with collection attempts is justified.(v) Deceased Debtors. If the debtor is deceased, TJJD shall file a claim in each probate proceeding administering the decedent's estate. If such probate proceeding has concluded and there are no remaining assets of the decedent available for distribution, the delinquent obligation shall be classified as uncollectible and not be referred. In cases where a probate administration is pending, or where no administration has been opened, all referred obligations shall include an explanation of any circumstances indicating that the decedent has assets available to apply toward satisfaction of the obligation.(8) Not later than the 90th day after the date an obligation becomes delinquent, TJJD shall report the uncollected and delinquent obligation to the attorney general for further collection efforts as hereinafter provided.(9) Reasonable tolerances adopted by the TJJD Finance Division are listed below and determine when an obligation shall not be referred to the attorney general for further collection. They are:(A) amount of the obligation is less than $500;(B) existence of any security;(C) likelihood of collection through passive means such as the filing of a lien where applicable;(D) expense to TJJD and to the attorney general in attempting to collect the obligation;(E) availability of resources both within TJJD and within the Office of the Attorney General to devote to the collection of the obligation; or(F) debt is uncollectible as set forth in paragraph (7) of this subsection.(10) TJJD may utilize the "warrant hold" procedures of the Comptroller of Public Accounts authorized by the Texas Government Code, §403.055, to ensure that no treasury warrants are issued to debtors until the debt is paid.(e) Referral to Attorneys for Collection.(1) Suit on the Obligation by In-House Attorneys.(A) If TJJD seeks to use in-house attorneys to collect delinquent obligations through court proceedings, TJJD must submit a written request to the attorney general's Bankruptcy and Collections Division.(B) Upon the written approval of the attorney general, TJJD may file suit to collect a delinquent obligation through an attorney serving as a full-time employee of TJJD. Where circumstances make it impractical to secure attorney general approval for every delinquent obligation upon which a lawsuit is to be filed, TJJD may apply to the attorney general for an authorization to bring suit on particular types of obligations through attorneys employed full-time by TJJD. Such authorization, if given, must be renewed at the beginning of each fiscal year.(C) After an obligation is referred to TJJD's attorneys employed as in-house counsel, the obligation shall be reduced to judgment against all entities legally responsible for the obligation where the lawsuit and judgment will make collection of the obligation more likely and the expenditure of TJJD resources in recovering judgment on the obligation is justified.(D) Where authorized by law, TJJD shall plead for and recover attorney's fees, investigative costs, and court costs in addition to the obligation.(E) Every judgment taken on a delinquent obligation shall be abstracted and recorded by TJJD in every county where the debtor owns real property, operates an active business, is likely to inherit real property, owns any mineral interest, or has maintained a residence for more than one year.(2) Referral to the Attorney General.(A) TJJD may explore the exchange of accounts with the attorney general by computer tape or other electronic data transfer and discuss any variances as may be appropriate. TJJD and the attorney general may agree upon an exchange of certain minimum account information necessary for collection efforts by the attorney general.(B) TJJD may refer individual accounts to the attorney general after the procedures set forth in subsection (d)(7)-(10) of this section. Individual accounts referred to the attorney general shall include the following:(i) copies of all correspondence between TJJD and the debtor;(ii) a log sheet (see subsection (d)(6) of this section) documenting all attempted contacts with the debtor and the result of such attempts;(iii) a record of all payments made by the debtor and, where practicable, copies of all checks tendered as payment;(iv) any information pertaining to the debtor's residence and his/her assets; and(v) copies of any permit application, security, final orders, contracts, grants, or instrument giving rise to the obligation.(C) Delinquent accounts upon which a bond or other security is held shall be referred to the attorney general no later than 60 days after becoming delinquent. All such accounts where the principal has filed for relief under federal bankruptcy laws shall be referred immediately, since collection of the security may obviate the need to file a claim or to appear in the bankruptcy case.(D) The attorney general may decide that a particular obligation or class of obligations may be assigned after referral to the appropriate division within the Office of the Attorney General.(3) Referral to Collection Firms or Private Attorneys.(A) Prior Approval of Attorney General. Except as provided by §2107.003, Texas Government Code, TJJD may not contract with, retain, or employ any person other than a full-time employee of TJJD to collect a delinquent obligation without prior written approval of the attorney general. Any existing arrangements must receive the written approval of the attorney general to be renewed or extended in any fashion.(i) Approval of Contract with Private Firm or Attorney.Prior to contracting with, retaining, or employing a person other than a full-time employee of TJJD to collect a delinquent obligation, TJJD must submit a proposal to the attorney general requesting the attorney general to collect the obligation(s).(ii) TJJD must submit the proposed contract to the attorney general for written approval. The proposal must disclose any fee that TJJD proposes to pay the private collection firm or attorney. The attorney general may elect to undertake representation of TJJD on the same or similar terms as contained in the proposed contract. If the attorney general declines or is unable to perform the services requested, the attorney general may approve the contract. If the attorney general decides that TJJD has not complied with this subsection, the attorney general may:(I) decline to approve the contract; or(II) require TJJD to submit or resubmit a proposal to the attorney general for collection of the obligation in accordance with this subsection.(iii) If the attorney general fails to act as set forth in clause (i) of this subparagraph within 60 days of receipt of the proposed contract or receipt of additional information requested, the attorney general is deemed to have approved the contract in accordance with this rule.(B) Requirements of Proposed Contracts with Private Persons Presented for Attorney General's Approval. In addition to information required by other state laws, all contracts for collection of delinquent obligations must contain or be supported by a proposal containing the following:(i) a description of the obligations to be collected sufficient to enable the attorney general to determine what measures are necessary to attempt to collect the obligation(s);(ii) explicit terms of the basis of any fee or payment for the collection of the obligation(s);(iii) a description of the individual accounts to be collected in the following respects:(I) the total number of delinquent accounts;(II) the dollar range;(III) the total dollar amount;(IV) a summary of the collection efforts previously made by TJJD; and(V) the legal basis of the delinquent obligations to be collected.(C) Additional Requirements of Proposed Contracts with Private Persons Presented for Attorney General Approval. All contracts for collection of delinquent obligations shall contain provisions stating the following:(i) Litigation on the delinquent account is prohibited unless the private person obtains specific written authorization from TJJD and the attorney general and complies with the requirements of this rule;(ii) The person shall place any funds collected in an interest bearing account with amounts collected, plus interest, less collections costs, payable to TJJD on a monthly basis or by direct deposit to TJJD's account on a weekly basis with TJJD billing once a month; in either case a listing of the accounts and amounts collected per account shall be submitted to TJJD upon deposit of the funds;(iii) The person shall refer any bankruptcy notice to TJJD within three working days of receipt;(iv) TJJD may recall any account without charge;(v) The person may not settle or compromise the account for less than the full amount owed (including collection costs where authorized by statute or terms of the obligation) without written authority from TJJD;(vi) The person is not an agent of TJJD but is an independent contractor, and the person will indemnify TJJD for any loss incurred by his/her violation of state and federal debt collection statutes or by the negligence of the person, his/her employees, or his/her agents; and(vii) Any dispute arising under the contract shall be submitted to a court of competent jurisdiction in Texas, unless any other venue is statutorily mandated, in which case the specific venue statute will apply, subject to any alternative dispute resolution procedures adopted by TJJD pursuant to Chapter 2009, Texas Government Code.</content><note type="source"><p>Source Note: The provisions of this §385.9969 adopted to be effective September 25, 2000, 25 TexReg 9228; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9971"><num value="385.9971">§385.9971</num><heading>Student Benefit Fund</heading><content>(a) Purpose. This rule establishes procedures for the deposit of funds into the student benefit fund. The student benefit fund is used only for the education, recreation, or entertainment of the youth in residential facilities operated by the Texas Juvenile Justice Department (TJJD).(b) General Provisions.(1) Funds from the following sources are designated as student benefit funds:(A) proceeds from canteens or vending machines at TJJD facilities in excess of the amount required to pay the expense of operating those canteens or vending machines;(B) donations for youth activities;(C) proceeds from youth fund-raising projects; and(D) contraband money deposited as a consequence of a Level II due process hearing.(2) Funds that cannot be accepted in compliance with state law and this rule must be returned to the donor.(3) For acceptance of gifts that have an actual or estimated value of $500 or more, see §385.8170 of this title, relating to acceptance of gifts of $500 or more.(4) Student benefit funds may be used only to:(A) provide education, recreation, or entertainment to youth committed to TJJD; and(B) reimburse youth for personal property lost or damaged as a result of staff negligence in accordance with §380.9107 of this title.(5) Expenditures must be justified to show no preferential treatment of certain individuals or groups of youth. However, expenditures are not required to benefit every youth each time.(6) Donations must be used for the purpose designated by the donor unless state law prohibits such expenditure.(7) Student benefit funds are maintained in the Comptroller of Public Accounts - Treasury Operations. All expenditures must conform to state purchasing rules and regulations and other laws and regulations regarding general revenue fund expenditures except as necessary to reimburse youth under paragraph (4) of this subsection.</content><note type="source"><p>Source Note: The provisions of this §385.9971 adopted to be effective November 8, 2005, 30 TexReg 7233; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9975"><num value="385.9975">§385.9975</num><heading>State Inscription</heading><content>(a) State-owned vehicles used for the following purposes are not required to bear the inscription required by Texas Transportation Code, Chapter 721:(1) vehicles primarily used to transport youth;(2) vehicles used by staff who are on 24-hour emergency call;(3) vehicles used for regular travel away from staff members' home base; or(4) vehicles primarily used as part of the agency's vehicle pool that are available for use by various personnel in support of agency operations.(b) The purposes to be served by not printing the inscription on these vehicles are to avoid public identification of youth as wards of the state, to facilitate the apprehension of runaways, and to minimize the possibility of personal injury and vandalism of state property.</content><note type="source"><p>Source Note: The provisions of this §385.9975 adopted to be effective December 31, 1996, 21 TexReg 12194; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective December 1, 2016, 41 TexReg 8632.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9981"><num value="385.9981">§385.9981</num><heading>Sick Leave Pool and Family Leave Pool Administration</heading><content>(a) Purpose. The purpose of this rule is to establish a sick leave pool and a family leave pool for Texas Juvenile Justice Department (TJJD) employees as mandated by Sections 661.002 and 661.022, Government Code.(b) General Provisions.(1) The director of human resources is the pool administrator.(2) All contributions to the TJJD leave pools are voluntary.(3) The donating employee may not designate a specific employee to receive the donated hours.(4) The following provisions apply to employees who withdraw leave pool time that is beyond what they contributed.(A) The pool administrator determines the number of hours that an employee may withdraw from the pool; however, the amount withdrawn may never exceed the lesser of:(i) one-third of the total time in the pool; or(ii) 90 days.(B) An employee absent on time withdrawn from a leave pool may use the time as sick leave earned by the employee, and the employee is treated for all purposes as if the employee were absent on earned sick leave.(C) The estate of a deceased employee is not entitled to payment for unused time withdrawn by the employee from a leave pool.(c) Sick Leave Pool Provisions.(1) The donating employee may donate one or more days of the employee's accrued sick leave to the sick leave pool.(2) An employee is eligible to use time contributed to the sick leave pool if the employee's sick leave has been exhausted because of:(A) a catastrophic illness or injury; or(B) a previous donation of time to the pool.(3) An employee may withdraw time from the sick leave pool that the employee did not contribute only if the employee or an immediate family member suffers a catastrophic illness or injury.(d) Family Leave Pool Provisions.(1) The donating employee may donate one or more days of the employee's accrued sick or vacation leave to the family leave pool.(2) An employee is eligible to withdraw time from the family leave pool because of:(A) the birth of a child;(B) the placement of a foster child or adoption of a child under 18 years of age:(C) the placement of any person 18 years of age or older requiring guardianship;(D) a serious illness to an immediate family member or the employee, including a pandemic-related illness;(E) an extenuating circumstance created by an ongoing pandemic, including providing essential care to a family member; or(F) a previous donation of time to the pool.</content><note type="source"><p>Source Note: The provisions of this §385.9981 adopted to be effective April 1, 2015, 40 TexReg 1860; amended to be effective May 16, 2023 48 TexReg 2509.</p></note></section><section identifier="/us/state/tx/tac/t37/p11/c385/scC/s385.9990"><num value="385.9990">§385.9990</num><heading>Vehicle Fleet Management</heading><content>(a) Purpose. This rule establishes responsibilities for managing, assigning, and using the Texas Juvenile Justice Department (TJJD) vehicle fleet, as required by Texas Government Code §2171.1045. This rule also adopts certain procedures mandated in the Texas State Vehicle Fleet Management Plan. (b) Definitions. (1) Fleet Manager--a TJJD employee who is responsible for day-to-day agency-wide fleet management. (2) Office of Vehicle Fleet Management (OVFM)--the program within the state comptroller's Texas Procurement and Support Services Division (TPASS) that developed, under the direction of the State Council on Competitive Government, the Texas State Vehicle Fleet Management Plan. The OVFM is responsible for managing the state vehicle reporting system and has authority to establish and to reduce an agency's fleet size. (c) Vehicle Fleet Size. (1) TJJD complies with all purchasing restrictions as outlined in the Texas State Vehicle Fleet Management Plan. (2) TJJD complies with the current vehicle fleet size mandated by OVFM, except as noted in paragraph (3) of this subsection.(3) TJJD may request a waiver of the authorized vehicle fleet size from OVFM in cases of legislatively mandated program changes, federal program initiatives, or a documented need resulting from program growth or changes. In such cases, the waiver request must document the specific reason for the need to exceed the authorized vehicle fleet size. (d) Motor Pools. TJJD forms statewide motor pools based on the primary function of each vehicle. Each agency vehicle is assigned within an agency motor pool at a specific location and made available for checkout for official duty purposes, except for individually assigned vehicles. Vehicles are rotated among locations and pools as necessary to meet utilization and efficiency criteria. Sub-pools may be formed at a location for more efficient management or utilization purposes. (e) Individual Vehicle Assignments. (1) Only the executive director or his/her designee and the chief inspector general may assign state-owned vehicles on a permanent or daily basis to an individual staff member. These assignments may be made only with written documentation, signed by the executive director, stating that the assignment is critical to the needs and mission of the agency. (2) TJJD reports the following information to the OVFM as individual vehicle assignments occur: (A) the vehicle identification number, license plate number, year, make, and model; (B) the name and position of the individual to whom the vehicle is assigned, except law enforcement officers when reporting this information could jeopardize the individual's safety or security, as determined by the executive director or his/her designee and the chief inspector general; and (C) the reason the assignment is critical to the mission of the agency. (f) General Fleet Requirements.(1) TJJD follows the general minimum mileage criteria for its fleet vehicles established by OVFM. The fleet manager, in coordination with the director responsible for facility business management, tracks mileage and rotates vehicles between locations or pools to meet minimum use criteria. As necessary and appropriate, the fleet manager may submit justification to OVFM for a waiver to retain vehicles that fail to meet minimum use criteria. (2) TJJD uses one or more of the state-contracted vendor cards for retail fuel dispensing services. Fuel cards are issued for specific vehicles, not for specific drivers. TJJD vehicles operating on gasoline must use regular unleaded gasoline unless specifically prohibited by manufacturer warranty or a recommendation in the owner's manual. TJJD employees must use self-service pumps when refueling at retail fueling stations. (3) TJJD establishes vehicle replacement goals based on the purpose, age, and mileage criteria published in the Texas State Vehicle Fleet Management Plan. (4) TJJD out-sources maintenance and repair of fleet vehicles unless it is demonstrated to be more cost-effective for agency staff to perform those functions. When feasible, TJJD seeks interagency agreements to obtain maintenance, repairs, and fuel. (5) TJJD disposes of vehicles identified as excess by the OVFM through the processes established by the Texas Facilities Commission's Surplus Property Division. TJJD must certify the successful disposal of excess vehicles within six months after notification from OVFM. Vehicles identified for disposal by OVFM are not eligible for replacement. (6) TJJD submits fleet data to OVFM based on the criteria and timetable established in the Texas State Vehicle Fleet Management Plan. TJJD maintains detailed supporting documentation for all reporting requirements.</content><note type="source"><p>Source Note: The provisions of this §385.9990 adopted to be effective June 6, 2001, 26 TexReg 3943; amended to be effective August 19, 2002, 27 TexReg 7552; amended to be effective December 14, 2003, 28 TexReg 11114; amended to be effective April 27, 2005, 30 TexReg 2402; amended to be effective September 1, 2010, 35 TexReg 7452; amended to be effective November 1, 2011, 36 TexReg 7359; transferred effective June 4, 2012, as published in the Texas Register June 22, 2012, 37 TexReg 4639; amended to be effective October 1, 2016, 41 TexReg 7123.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p13"><num value="13">PART 13</num><heading>TEXAS COMMISSION ON FIRE PROTECTION</heading><chapter identifier="/us/state/tx/tac/t37/p13/c401"><num value="401">CHAPTER 401</num><heading>ADMINISTRATIVE PRACTICE AND PROCEDURE</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scA"><num value="A">SUBCHAPTER A</num><heading>GENERAL PROVISIONS AND DEFINITIONS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.1"><num value="401.1">§401.1</num><heading>Purpose and Scope</heading><content>(a) Purpose. The purpose of this chapter is to provide a system of procedures for practice before the Commission that will promote the just and efficient disposition of proceedings and public participation in the decision-making process. The provisions of this chapter shall be given a fair and impartial construction to attain these objectives.(b) Scope.(1) This chapter shall govern the initiation, conduct, and determination of proceedings required or permitted by law in matters regulated by the Commission, whether instituted by order of the Commission or by the filing of an application, complaint, petition, or any other pleading.(2) This chapter shall not be construed so as to enlarge, diminish, modify, or otherwise alter the jurisdiction, powers, or authority of the Commission, its staff, or the substantive rights of any person.(3) This chapter shall not apply to matters related solely to the internal personnel rules and practices of this agency.(4) To the extent that any provision of this chapter is in conflict with any statute or substantive rule of the Commission, the statute or substantive rule shall control.(5) In matters referred to the State Office of Administrative Hearings (SOAH), hearings or other proceedings are governed by 1 TAC Chapter 155 (relating to Rules of Procedures) adopted by SOAH. To the extent that any provision of this chapter is in conflict with SOAH Rules of Procedures, the SOAH rules shall control.</content><note type="source"><p>Source Note: The provisions of this §401.1 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective June 28, 2011, 36 TexReg 3936; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.3"><num value="401.3">§401.3</num><heading>Definitions</heading><content>The following terms, when used in this chapter, shall have the following meanings, unless the context or specific language of a section indicates otherwise:(1) Advisory Committee--An advisory committee that is required to assist the Commission in its rule-making functions and whose members are appointed by the Commission pursuant to Government Code, §419.008, or other law. (2) Agency--Includes the Commission, the Agency Chief, and all divisions, departments, and employees thereof.(3) Agency Chief--The Agency Chief appointed by the Commission pursuant to Government Code, §419.009.(4) APA--Government Code, Chapter 2001, The Administrative Procedure Act, as it may be amended from time to time.(5) Applicant--A person, including the Commission staff, who seeks action from the Commission by written application, petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.(6) Application--A written request seeking a license from the Commission, a petition, complaint, notice of intent, appeal, or other pleading that initiates a proceeding.(7) Authorized Representative--A person who enters an appearance on behalf of a party, or on behalf of a person seeking to be a party or otherwise to participate in a Commission proceeding.(8) Chairman--The Commissioner who serves as presiding officer of the Commission pursuant to Government Code, §419.007.(9) Commission--The Texas Commission on Fire Protection.(10) Commissioner--One of the appointed members of the decision-making body defined as the Commission.(11) Complainant--Any person, including the Commission's General Counsel, who files a signed written complaint intended to initiate a proceeding with the Commission regarding any act or omission by a person subject to the Commission's jurisdiction.(12) Contested Case--A proceeding, including but not restricted to, the issuance of certificates, licenses, registrations, permits, etc., in which the legal rights, duties, or privileges of a party are to be determined by the agency after an opportunity for adjudicative hearing.(13) Days--Calendar days, not working days, unless otherwise specified in this chapter or in the Commission's substantive rules.(14) Division--An administrative unit for the regulation of specific activities within the Commission's jurisdiction.(15) Hearings Officer--An administrative law judge on the staff of the State Office of Administrative Hearings assigned to conduct a hearing and to issue a proposal for decision, including findings of fact and conclusions of law, in a contested case pursuant to Government Code, Chapter 2003.(16) License--Includes the whole or part of any agency permit, certificate, approval, registration, or similar form of permission required or permitted by law.(17) Licensee--A person who holds an agency permit, certificate, approval, registration, license, or similar form of permission required or permitted by law.(18) Licensing--Includes the agency process respecting the granting, denial, renewal, revocation, suspension, annulment, withdrawal, or amendment of a license.(19) Party--Each person or agency named or admitted to as a party in a contested case.(20) Person--Any individual, partnership, corporation, association, governmental subdivision, or public or private organization of any character other than the Commission.(21) Pleading--A written document submitted by a party, or a person seeking to participate in a proceeding, setting forth allegations of fact, claims, requests for relief, legal argument, and/or other matters relating to a Commission proceeding.(22) Preliminary Staff Conference--A conference with Commission staff for the purpose of showing compliance with all requirements of law, or to discuss informal disposition of any complaint or contested case.(23) Presiding Officer--The chairman, the acting chairman, the Agency Chief, or a duly authorized hearings officer.(24) Proceeding--Any hearing, investigation, inquiry, or other fact-finding or decision-making procedure, including the denial of relief or the dismissal of a complaint.(25) Respondent--A person under the Commission's jurisdiction against whom any complaint or appeal has been filed or who is under formal investigation by the Commission.(26) SOAH--State Office of Administrative Hearings.</content><note type="source"><p>Source Note: The provisions of this §401.3 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.5"><num value="401.5">§401.5</num><heading>Delegation of Authority</heading><content>All decisions to suspend, revoke, or deny an application for any certificate or approval, to reprimand or place on probation the holder of such certificate or approval, or to impose an order for restitution, remedial action, or administrative penalties pursuant to Government Code, Chapter 419, shall be made by the Agency Chief or designee.</content><note type="source"><p>Source Note: The provisions of this §401.5 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective January 11, 2023, 48 TexReg 51.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.7"><num value="401.7">§401.7</num><heading>Construction</heading><content>(a) A provision of a rule referring to the Commission or the chairman, or a provision of a rule referring to the Agency Chief as the presiding officer, is construed to apply to the Commission or chairman, if the matter is within the jurisdiction of the Commission, or to the Agency Chief, if the matter is within the jurisdiction of the Agency Chief.(b) Unless otherwise provided by law, any duty imposed on the Commission, the chairman, or the Agency Chief may be delegated to a duly authorized representative. In such a case, the provisions of any rule referring to the Commission, the chairman, or the Agency Chief shall be construed to also apply to the duly authorized representative of the Commission, the chairman, or the Agency Chief.</content><note type="source"><p>Source Note: The provisions of this §401.7 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.9"><num value="401.9">§401.9</num><heading>Records of Official Action</heading><content>All official acts of the Commission or the Agency Chief shall be evidenced by a recorded or written record. Official action of the Commission or the Agency Chief shall not be bound or prejudiced by any informal statement or opinion made by any member of the Commission, the Agency Chief, or the employees of the agency.</content><note type="source"><p>Source Note: The provisions of this §401.9 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.11"><num value="401.11">§401.11</num><heading>Conduct of Commission and Advisory Committee Meetings</heading><content>(a) Statements concerning items which are part of the Commission's posted agenda. Persons who desire to make presentations to the Commission concerning matters on the agenda for a scheduled Commission or an advisory committee meeting shall complete registration cards, which shall be made available at the entry to the place where the scheduled meeting is to be held. The registration cards shall include blanks in which all of the following information must be disclosed: (1) name of the person making a presentation;(2) a statement as to whether the person is being reimbursed for the presentation; and if so, the name of the person or entity on whose behalf the presentation is made;(3) a statement as to whether the presenter has registered as a lobbyist in relationship to the matter in question;(4) a reference to the agenda item which the person wishes to discuss before the Commission;(5) an indication as to whether the presenter wishes to speak for or against the proposed agenda item; and(6) a statement verifying that all factual information to be presented shall be true and correct to the best of the knowledge of the speaker.(b) Discretion of the presiding officer. The presiding officer of the Commission or the advisory committee, as the case may be, shall have discretion to employ any generally recognized system of parliamentary procedures, including, but not limited to, Robert's Rules of Order for the conduct of Commission or committee meetings, to the extent that such parliamentary procedures are consistent with the Texas Open Meetings Act or other applicable law and these rules. The presiding officer shall also have discretion in setting reasonable limits on the time to be allocated for each matter on the agenda of a scheduled Commission meeting or advisory committee meeting and for each presentation on a particular agenda item. If several persons wish to address the Commission or an advisory committee on the same agenda item, it shall be within the discretion of the chairperson to request that persons who wish to address the same side of the issue coordinate their comments, or limit their comments to an expression in favor of views previously articulated by persons speaking on the same side of an issue.(c) Requests for issues to be placed on an agenda for discussion. Persons who wish to bring issues before the Commission shall first address their request in writing to the Agency Chief. Such requests should be submitted at least 15 days in advance of a Commission or an advisory committee meeting. The decision whether to place a matter on an agenda for discussion before the full Commission, or alternatively, before an advisory committee, or with designated staff members, shall be within the discretion of the appropriate presiding officer.</content><note type="source"><p>Source Note: The provisions of this §401.11 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.13"><num value="401.13">§401.13</num><heading>Computation of Time</heading><content>(a) Computing Time. In computing any period of time prescribed or allowed by these rules, by order of the Agency, or by any applicable statute, the period shall begin on the day after the act, event, or default in controversy and conclude on the last day of such computed period, unless it be a Saturday, Sunday, or a legal holiday, in which event, the period runs until the end of the next day which is neither a Saturday, Sunday, nor a legal holiday. A party or attorney of record notified under §401.61 of this title (relating to Record) is deemed to have been notified on the date that the notice is sent.(b) Extensions. Unless otherwise provided by statute, the time for filing any pleading, except a notice of protest, may be extended by order of the Agency Chief or designee, upon the following conditions:(1) A written motion must be duly filed with the Agency Chief or designee prior to the expiration of the applicable period of time allowed for such filings.(2) The written motion must show good cause for such extension and that the need is not caused by the neglect, indifference, or lack of diligence on the part of the movant.(3) A copy of any such motion shall be served upon all other parties of record to the proceeding contemporaneously with the filing thereof.</content><note type="source"><p>Source Note: The provisions of this §401.13 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scA/s401.15"><num value="401.15">§401.15</num><heading>Agreements To Be in Writing</heading><content>(a) Unless precluded by law, informal disposition may be made of any contested case by stipulation, agreed settlement, consent order, or default.(b) No stipulation or agreement between the parties, their attorneys or representatives, with regard to any matter involved in any proceeding before the Agency, shall be enforced unless it shall have been reduced to writing and signed by the parties or their authorized representatives, or unless it shall have been dictated into the record by them during the course of a hearing, or incorporated in an order bearing their written approval. This rule does not limit a party's ability to waive, modify, or stipulate any right or privilege afforded by these rules, unless precluded by law.</content><note type="source"><p>Source Note: The provisions of this §401.15 adopted to be effective March 8, 2001, 26 TexReg 2040.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scB"><num value="B">SUBCHAPTER B</num><heading>RULEMAKING PROCEEDINGS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scB/s401.19"><num value="401.19">§401.19</num><heading>Petition for Adoption of Rules</heading><content>(a) Any person may petition the Commission requesting the adoption of a new rule or an amendment to an existing rule as authorized by the APA, §2001.021.(b) Petitions shall be sent to the Agency Chief. Petitions shall be deemed sufficient if they contain:(1) the name and address of the person or entity on whose behalf the application is filed;(2) specific reference to the existing rule which is proposed to be changed, amended, or repealed;(3) the exact wording of the new, changed, or amended proposed rule with new language underlined and deleted language in brackets;(4) the proposed effective date; and(5) a justification for the proposed action set out in narrative form with sufficient particularity to inform the Commission and any other interested person of the reasons and arguments on which the petitioner is relying.(c) The Agency Chief shall direct that the petition for adoption of rules be placed on the next agenda for discussion by the Commission with subject matter jurisdiction in accordance with §401.11 of this title (relating to Conduct of Commission and Advisory Committee Meetings).(d) A request for clarification of a rule shall be treated as a petition for a rule change. The Commission staff may request submission of additional information from the applicant to comply with the requirements of subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §401.19 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scC"><num value="C">SUBCHAPTER C</num><heading>EXAMINATION APPEALS PROCESS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scC/s401.21"><num value="401.21">§401.21</num><heading>Examination Challenge</heading><content>(a) An examinee who seeks to challenge the failure of an examination must submit a written request to the Agency Chief or his designee to discuss informal disposition of the complaint(s).(b) An examination may be challenged only on the basis of examination content, failure to comply with the Commission's rules by a certified training facility, or problems in the administration of the examination.(c) The written request must identify the examinee, the specific examination taken, the date of the examination, and the basis of the appeal.(d) An examinee who challenges the content of an examination must identify the subject matter of the question(s) challenged and is not entitled to review the examination due to the necessity of preserving test security.(e) The request must be submitted within 30 days from the date the grade report is posted on the website.(f) Commission staff shall schedule a preliminary staff conference with the applicant in accordance with §401.41 of this title (relating to Preliminary Staff Conference) to discuss the challenge within 30 days of the request or as soon as practical. The examinee may accept or reject the settlement recommendations of the Commission staff. If the examinee rejects the proposed agreement, the examinee must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the action complained of.</content><note type="source"><p>Source Note: The provisions of this §401.21 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scC/s401.23"><num value="401.23">§401.23</num><heading>Examination Waiver Request</heading><content>(a) An individual who is required to take a Commission examination may petition the Commission for a waiver of the examination if the person's certificate or eligibility expired because of a good-faith clerical error on the part of the individual or an employing entity.(b) The waiver request must include a sworn statement together with any supporting documentation that evidences the applicant's good faith efforts to comply with the Commission's requirements and that failure to comply was due to circumstances beyond the control of the certificate holder or applicant.(c) Commission staff shall schedule a preliminary staff conference with the applicant in accordance with §401.41 of this title (relating to Preliminary Staff Conference) to discuss the waiver request within 30 days of the request, or as soon as practical. The applicant may accept or reject the settlement recommendations of the Commission staff. If the examinee rejects the proposed agreement, the applicant must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the action complained of.</content><note type="source"><p>Source Note: The provisions of this §401.23 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scD"><num value="D">SUBCHAPTER D</num><heading>DISCIPLINARY PROCEEDINGS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scD/s401.31"><num value="401.31">§401.31</num><heading>Disciplinary Proceedings in Contested Cases</heading><content>(a) If the Commission staff recommends administrative penalties or any other sanction for alleged violations of laws or rules, the respondent may request a preliminary staff conference.(b) Commission staff shall schedule a preliminary staff conference with the applicant to discuss the alleged violations of laws or rules within 30 days of the request or as soon as practical. The respondent may accept or reject the settlement recommendations of the Commission staff. If the respondent rejects the proposed agreement, the respondent must request in writing a formal administrative hearing as described in Subchapter F of this chapter (relating to Contested Cases) within 30 days of the notice of the staff's recommended disciplinary action.</content><note type="source"><p>Source Note: The provisions of this §401.31 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scE"><num value="E">SUBCHAPTER E</num><heading>PREHEARING PROCEEDINGS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scE/s401.41"><num value="401.41">§401.41</num><heading>Preliminary Staff Conference</heading><content>(a) General. After receipt of notice of alleged violations of laws or rules administered or enforced by the Commission and its staff, the holder of the certificate, applicant, or regulated entity may request a conference with the Commission's staff for the purpose of showing compliance with all requirements of law, or to discuss informal disposition of any complaint or contested case.(b) Representation. The certificate holder, applicant, or regulated entity may be represented by counsel or by a representative of his or her choice. The Commission shall be represented by one or more members of its staff and by the Commission's General Counsel.(c) Informal Proceedings. The conference shall be informal and will not follow procedures for contested cases. The Commission's representative(s) may prohibit or limit attendance by other persons; may prohibit or limit access to the Commission's investigative file by the licensee, the licensee's representative, and the complainant, if present; and may record part or all of the staff conference. At the discretion of the Commission's representative(s), the licensee, the licensee's representative, and the Commission staff may question witnesses; make relevant statements; and present affidavits, reports, letters, statements of persons not in attendance, and such other evidence as may be appropriate.(d) Settlement Conference. At the discretion of the Commission's representative(s), the preliminary staff conference may be concluded and a settlement conference initiated to discuss staff recommendations for informal resolution of the issues. Such recommendations may include any disciplinary actions authorized by law, including administrative penalties, restitution, remedial actions, or such reasonable restrictions that may be in the public interest. These recommendations may be modified by the Commission's representative(s) based on new information, a change of circumstances, or to expedite resolution in the interest of protecting the public. The Commission's representative(s) may also recommend that the investigation be closed or referred for further investigation.(e) Proposed Consent Order. The licensee may accept or reject the settlement recommendations of the Commission staff. If the licensee accepts the recommendations, the licensee shall execute a settlement agreement in the form of a proposed consent order as soon thereafter as practicable. If the licensee rejects the proposed agreement, the matter may be scheduled for a hearing as described in Subchapter F of this chapter.(f) Approval of Consent Order. Following acceptance and execution of the settlement agreement recommended by staff, said proposed agreement shall be submitted to the Agency Chief for approval. If the order is approved, it shall be signed by the Agency Chief. If the proposed order is not approved, the licensee shall be so informed, and the matter shall be referred to the Commission staff for appropriate action to include dismissal, closure, further negotiation, further investigation, or a formal hearing.(g) Preliminary Notice. A revocation, suspension, annulment, denial, or withdrawal of a certificate or license is not effective unless, before the institution of contested case proceedings, the holder of the certificate receives preliminary notice of the facts or conduct alleged to warrant the intended action and an opportunity to show compliance with all requirements of law.(h) Request for Formal Hearing. Except as otherwise provided by law, if an applicant's original application or request for a certificate is denied, he or she shall have 30 days from the date of denial to make a written request for a formal hearing, and if so requested, the formal hearing will be granted and the provisions of the APA and this chapter with regard to contested cases shall apply.</content><note type="source"><p>Source Note: The provisions of this §401.41 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scF"><num value="F">SUBCHAPTER F</num><heading>CONTESTED CASES</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.51"><num value="401.51">§401.51</num><heading>Opportunity for Hearing</heading><content>In general, except as otherwise provided by law, the procedure for the grant, denial, renewal, revocation, suspension, annulment, or withdrawal of a certificate is governed by Government Code, Chapter 2001, pertaining to Administrative Procedures and by 1 TAC Chapter 155 (relating to Rules of Procedures) adopted by SOAH.</content><note type="source"><p>Source Note: The provisions of this §401.51 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective July 19, 2007, 32 TexReg 4443; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.53"><num value="401.53">§401.53</num><heading>Contested Case Hearing</heading><content>(a) The Commission appoints SOAH to be its finder of fact in contested cases. The Commission does not delegate to the hearings officer and retains for itself the right to determine the sanctions and make the final decision in a contested case.(b) SOAH hearings of contested cases shall be conducted in accordance with the APA by a hearings officer assigned by SOAH. Jurisdiction over the case is acquired by SOAH when the Commission staff files a request to docket case.(c) The Commission may serve the notice of hearing on the respondent at his or her last known address as shown by Commission records. The notice may be served by registered U.S. mail or by certified mail, return receipt requested.</content><note type="source"><p>Source Note: The provisions of this §401.53 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.57"><num value="401.57">§401.57</num><heading>Filing of Exceptions and Replies to Proposal for Decision</heading><content>(a) Once the SOAH hearing of the contested case is concluded, a proposal for decision shall be issued by the SOAH hearings officer assigned to the case. A copy of the proposal for decision shall be simultaneously delivered or mailed by certified mail, return receipt requested, to each party representative of record.(b) Exceptions to the proposal for decision shall be filed within 20 days of the date of the proposal for decision.(c) Replies to exceptions shall be filed within 15 calendar days after the date of filing of the exceptions and briefs.(d) The exceptions shall be specifically and concisely stated. The evidence relied upon shall be stated with particularity, and any evidence or arguments relied upon shall be grouped under the exceptions to which they relate.(e) The SOAH hearings officer will rule on all exceptions, briefs, replies, and requests for extension of time and notify the parties of decisions and any amendments to the proposal for decision.</content><note type="source"><p>Source Note: The provisions of this §401.57 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.59"><num value="401.59">§401.59</num><heading>Orders</heading><content>After the time for filing exceptions and replies to exceptions expires, the SOAH hearings officer's proposal for decision will be considered by the Agency Chief and either adopted or modified and adopted. All final decisions or orders of the Commission or the Agency Chief shall be in writing and signed. A final decision shall include findings of fact and conclusions of law separately stated. Findings of fact, if set forth in statutory language, shall be accomplished by a concise and explicit statement of the underlying facts supporting the findings. Parties shall be notified either personally or by certified mail of any decision or order, and a copy of the decision or order shall be delivered or mailed to any party and to his or her authorized representative.</content><note type="source"><p>Source Note: The provisions of this §401.59 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.61"><num value="401.61">§401.61</num><heading>Record</heading><content>(a) The record in a contested case includes the matters listed in the APA, Government Code, §2001.060.(b) Proceedings, or any part of them, shall be transcribed upon written request of any party. The party requesting the proceeding to be transcribed shall make the initial payment for the transcription. Ultimately, however, the Commission or Agency Chief has the authority to assess, in addition to an administrative penalty, the costs of transcribing the administrative hearing.(c) Appeal. The costs of transcribing the testimony and preparing the record for an appeal by judicial review shall be paid by the party who appeals.</content><note type="source"><p>Source Note: The provisions of this §401.61 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.63"><num value="401.63">§401.63</num><heading>Final Decision and Orders</heading><content>(a) Commission action. A copy of the final decision or order shall be delivered or mailed to any party and to the attorney of record.(b) Recorded. All final decisions and orders shall be in writing. A final order shall include findings of fact and conclusions of law, separately stated.(c) Changes stated in final order. If the hearings officer's proposed findings of fact or conclusions of law are modified, the final order shall reflect the specific reason and legal basis for each change made.(d) In general. Any party aggrieved by a final decision or order of the executive director in a contested case may appeal to the Commission after the decision or order complained of is final. An appeal to the Commission for review of action of the executive director shall be made within 30 days from the date that the writing evidencing the official action or order complained of is final and appealable, but for good cause shown, the Commission may allow an appeal after that date. A motion for rehearing is not a prerequisite for an appeal to the Commission.(e) Oral argument. On the request of any party, the Commission may allow oral argument prior to the final determination of an appeal of a decision or order of the executive director.(f) If the executive director's final decision or order is appealed to the Commission, the matter shall be set for the next available Commission meeting and the Commission shall take action in open session. A copy of the Commission decision shall be delivered or mailed to any party and to the attorney of record.</content><note type="source"><p>Source Note: The provisions of this §401.63 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scF/s401.67"><num value="401.67">§401.67</num><heading>Motions for Rehearing</heading><content>(a) In the absence of a finding of imminent peril, a motion for rehearing is a prerequisite to a judicial appeal. A motion for rehearing must be filed by a party within 20 days after the date the party representative is notified of the final decision or order.(b) Replies to a motion for rehearing must be filed with the agency within 30 days after the date the party representative is notified of the final decision or order.(c) Agency action on the motion for rehearing must be taken within 45 days after the date a party representative is notified of the final decision or order. If agency action is not taken within the 45-day period, the motion for rehearing is overruled by operation of law 45 days after the date the party representative is notified of the final decision or order.(d) The Commission may rule on a motion for rehearing at a meeting or by mail, telephone, telegraph, facsimile transmission, or another suitable means of communication. The motion shall be deemed overruled by operation of law, unless a majority of the commissioners serving vote to grant the motion within the time provided by law for ruling on the motion for rehearing.(e) The agency may, by written order, extend the period of time for filing the motions or replies and taking agency action, except that an extension may not extend the period for agency action beyond 90 days after the date a party representative is notified of the final order or decision.(f) In the event of an extension, the motion for rehearing is overruled by operation of law on the date fixed by the order, or in the absence of a fixed date, 90 days after the date the party representative is notified of the final decision or order.</content><note type="source"><p>Source Note: The provisions of this §401.67 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scG"><num value="G">SUBCHAPTER G</num><heading>CONDUCT AND DECORUM, SANCTIONS, AND PENALTIES</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scG/s401.105"><num value="401.105">§401.105</num><heading>Administrative Penalties</heading><content>(a) Following the hearing the administrative law judge shall issue a proposal for decision containing findings of fact and conclusions of law. While the administrative law judge may recommend a sanction, findings of fact and conclusions of law are inappropriate for sanction recommendations, and sanction recommendations in the form of findings of fact and conclusions of law are an improper application of applicable law and these rules. In all cases, the Commission or Agency Chief has the discretion to impose the sanction that best accomplishes the Commission's legislatively assigned enforcement goals. The Commission or Agency Chief is the ultimate arbiter of the proper penalty. (b) The Commission, acting through the Agency Chief may, after notice and hearing required by Government Code, Chapter 2001, Administrative Procedure Act, impose an order requiring payment of an administrative penalty or monetary forfeiture in an amount not to exceed $1,000 for each violation of Government Code, Chapter 419, or rule promulgated there under, as provided by Government Code, §419.906. (c) In determining the amount of the administrative penalty or monetary forfeiture, the Commission or the Agency Chief shall consider the following penalty matrix:(1) the seriousness of the violation, including, but not limited to, the nature, circumstances, extent, and gravity of the prohibited act, and the hazard or potential hazard created to the health and safety of the public;(2) the economic damage to property or the public's interests or confidences caused by the violation;(3) the history of previous violations;(4) any economic benefit gained through the violation;(5) the amount necessary to deter future violations;(6) the demonstrated good faith of the person, including efforts taken by the alleged violator to correct the violation;(7) the economic impact of the imposition of the penalty or forfeiture on the person; and(8) any other matters that justice may require.(d) The Commission or Agency Chief retains the right to increase or decrease the amount of an administrative penalty based on the circumstances in each case. In particular, the Commission or Agency Chief may increase the amount of administrative penalties when the respondent has committed multiple violations (e.g., some combination of different violations). Any party aggrieved by a final decision or order of the Agency Chief in a contested case may appeal to the Commission after the decision or order complained of is final. An appeal to the Commission for review of the action of the Agency Chief shall be made within 30 days from the date that the writing evidencing the official action or order complained of is final and appealable, but for good cause shown, the Commission may allow an appeal after that date. A motion for rehearing is not a prerequisite for an appeal to the Commission.(e) Oral argument. On the request of any party, the Commission may allow oral argument prior to the final determination of an appeal of a decision or order of the Agency Chief.(f) If the Agency Chief's final decision or order is appealed to the Commission, the matter shall be set for the next available Commission meeting.(g) Because it is the policy of the Commission to pursue expeditious resolution of complaints when appropriate, administrative penalties in uncontested cases may be less than the amounts assessed in contested cases. Among other reasons, this may be because the respondent admits fault, takes steps to rectify matters, timely responds to Commission concerns, or identifies mitigating circumstances, and because settlements avoid additional administrative costs.(h) The Commission or Agency Chief may impose an administrative penalty alone or in addition to other permitted sanctions.</content><note type="source"><p>Source Note: The provisions of this §401.105 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scH"><num value="H">SUBCHAPTER H</num><heading>REINSTATEMENT</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scH/s401.111"><num value="401.111">§401.111</num><heading>Application for Reinstatement of License or Certificate</heading><content>(a) At the expiration of one year from the date of revocation or suspension, or upon the conclusion of any specified period of suspension, the Commission may consider a request for reinstatement by the former licensee or certificate holder (applicant).(b) The request for reinstatement must be submitted to the Commission's office in writing and should include a short and plain statement of the reasons why the applicant believes the license should be reinstated.(c) Upon denial of any application for reinstatement, the Commission may not consider a subsequent application until the expiration of one year from the date of denial of the prior application.(d) In taking action to revoke or suspend a license or certificate, the Commission may, in its discretion, specify the terms and conditions upon which reinstatement shall be considered.</content><note type="source"><p>Source Note: The provisions of this §401.111 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scH/s401.113"><num value="401.113">§401.113</num><heading>Evaluation for Reinstatement</heading><content>In considering reinstatement of a suspended or revoked license or certificate, the Commission will evaluate:(1) the severity of the act that resulted in revocation or suspension of the license or certificate;(2) the conduct of the applicant subsequent to the revocation or suspension of the license or certificate;(3) the lapse of time since revocation or suspension;(4) the degree of compliance with all conditions the Commission may have stipulated as a prerequisite for reinstatement;(5) the degree of rehabilitation attained by the applicant as evidenced by sworn notarized statements sent directly to the Commission from qualified people who have personal and professional knowledge of the applicant; and(6) the applicant's present qualifications to perform duties regulated by the Commission.</content><note type="source"><p>Source Note: The provisions of this §401.113 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scH/s401.115"><num value="401.115">§401.115</num><heading>Procedure upon Request for Reinstatement</heading><content>(a) An applicant for reinstatement of a revoked or suspended license or certificate must personally appear before an administrative law judge designated by the Commission at a scheduled date and time to show why the license or certificate should be reinstated. (b) Upon submission of proof of past revocation or suspension of the applicant's license or certificate, the applicant has the burden of proof to show present fitness and/or rehabilitation to perform duties regulated by the Commission.(c) Upon receipt of a written request for reinstatement as required by §401.111 of this title (relating to Application for Reinstatement of License or Certificate), the applicant will be notified of a date and time of an appearance before the administrative law judge.</content><note type="source"><p>Source Note: The provisions of this §401.115 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scH/s401.117"><num value="401.117">§401.117</num><heading>Commission Action Possible upon Reinstatement</heading><content>After evaluation, the Commission may:(1) deny reinstatement of a suspended or revoked license or certificate;(2) reinstate a suspended or revoked license or certificate and probate the practitioner for a specified period of time under specific conditions;(3) authorize reinstatement of the suspended or revoked license or certificate;(4) require the satisfactory completion of a specific program of remedial education approved by the Commission; and/or(5) reinstate a suspended or revoked license or certificate after verification through examination of required knowledge and skills appropriate to the suspended or revoked license or certificate. All applicable procedures shall be followed and all applicable fees shall be paid.</content><note type="source"><p>Source Note: The provisions of this §401.117 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scH/s401.119"><num value="401.119">§401.119</num><heading>Failure To Appear for Reinstatement</heading><content>An applicant for reinstatement of a revoked or suspended license or certificate who makes a commitment to appear before the administrative law judge and fails to appear at a hearing set with notice by the agency shall not be authorized to appear before the administrative law judge before the expiration of six months. For good cause shown, the Agency Chief may authorize an exception to this rule.</content><note type="source"><p>Source Note: The provisions of this §401.119 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scI"><num value="I">SUBCHAPTER I</num><heading>NOTICE AND PROCESSING PERIODS FOR CERTIFICATE APPLICATIONS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scI/s401.121"><num value="401.121">§401.121</num><heading>Purpose of Establishing Time Periods</heading><content>In order to minimize delays, this subchapter establishes time periods within which the Commission shall review and process certificate applications efficiently and provides for an appeal process should the agency violate these periods in accordance with the Government Code, Chapter 2005.</content><note type="source"><p>Source Note: The provisions of this §401.121 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scI/s401.123"><num value="401.123">§401.123</num><heading>Notice of Deficiency</heading><content>Written notice that an application is deficient must be mailed to the applicant or delivered by such means as will reasonably provide actual notice.</content><note type="source"><p>Source Note: The provisions of this §401.123 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scI/s401.125"><num value="401.125">§401.125</num><heading>Processing Periods</heading><content>(a) Notice to applicant. Within 30 days from receipt of an application for a certificate or approval issued pursuant to the Government Code, Chapter 419, the agency shall determine a filing to be complete or deficient and issue written notice in accordance with §401.123 of this title (relating to Notice of Deficiency) to the applicant regarding the status of the application.(1) Complete application.(A) The written notice for a complete application shall state that the application is complete and accepted for filing and shall advise the applicant of the time period in which the agency must deny or approve the application unless such information has previously been provided to the applicant.(B) For purposes of this section, an application is complete upon agency determination that it is in compliance with the content and form prescribed by the agency.(2) Deficient application.(A) The written notice for a deficient application shall state that the application is not complete, set out the specific additional information that is required for completion, and advise the applicant that the agency may disapprove an application that is not complete. After one written notice of deficiency has been issued, another is not required for an application resubmitted in whole or in part with deficiencies.(B) In addition to notice issued under subparagraph (A) of this paragraph, the agency may notify the applicant, in any manner, of deficiencies in the application.(b) Processing of application. Within 60 days after receipt of a complete application, the agency shall:(1) issue the certificate on payment of the appropriate fees and successful completion of all required examinations; or(2) deny the certificate.</content><note type="source"><p>Source Note: The provisions of this §401.125 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective December 18, 2012, 37 TexReg 9778.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c401/scI/s401.127"><num value="401.127">§401.127</num><heading>Appeal</heading><content>(a) Hearing.(1) Notice. An applicant who does not receive notice as to the complete or deficient status of a certificate application within the period established in this subchapter for such application may petition for a hearing to review the matter.(2) Processing. An applicant whose permit is not approved or denied within the period established in this subchapter for such certificate may petition for a hearing to review the matter.(3) Procedure. A hearing under this section shall be in accordance with the Administrative Procedure Act and Subchapter E of this chapter (relating to Contested Cases).(b) Petition. A petition filed under this section must be in writing and directed to the Agency Chief. The petition shall identify the applicant, indicate the type of certificate sought and the date of the application, specify each provision in this subchapter that the agency has violated, and describe with particularity how the agency has violated each provision. The petition shall be filed with the office of the Agency Chief.(c) Decision. An appeal filed under this section shall be decided in the applicant's favor if the Agency Chief finds that:(1) the agency exceeded an established period under this subchapter; and(2) the agency failed to establish good cause for exceeding the period.(d) Good cause. The agency is considered to have good cause for exceeding a notice or processing period established for a permit if:(1) the number of certificates to be processed exceeds by 15% or more the number of certificates processed in the same calendar quarter of the preceding year;(2) the agency must rely on another public or private entity for all or part of its certificate processing, and the delay is caused by the other entity;(3) the hearing and decision-making process results in a reasonable delay under the circumstances;(4) the applicant is under administrative review; or any other conditions exist giving the agency good cause for exceeding a notice or processing period.(e) Commission review. A permit applicant aggrieved by a final decision or order of the Agency Chief concerning a period established by these sections may appeal to the Commission in writing after the decision or order complained of is final, in accordance with §401.63 of this title (relating to Final Decision and Orders).(f) Relief.(1) Complete or deficient status. An applicant who maintains a successful appeal under subsection (c) of this section for agency failure to issue notice as to the complete or deficient status of an application shall be entitled to notice of application status.(2) Certificate approval or denial. An applicant who maintains a successful appeal under subsection (c) of this section for agency failure to approve or deny a certificate shall be entitled to such approval or denial of the certificate and to full reimbursement of all filing fees that have been paid to the agency in connection with the application.</content><note type="source"><p>Source Note: The provisions of this §401.127 adopted to be effective March 8, 2001, 26 TexReg 2040; amended to be effective January 20, 2002, 27 TexReg 382; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scJ"><num value="J">SUBCHAPTER J</num><heading>CHARGES FOR PUBLIC RECORDS</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scJ/s401.129"><num value="401.129">§401.129</num><heading>Charges for Public Records</heading><content>(a) The Commission is subject to Texas Government Code, Chapter 552, Texas Public Information Act. The Act gives the public the right to request access to government information.(b) The Commission adopts by reference Title 1, Part 13, Chapter 70, Cost of Copies of Public Information, as promulgated by the Office of the Attorney General.(c) The Agency Chief may waive or reduce a charge for copies when furnishing the information benefits the general public.</content><note type="source"><p>Source Note: The provisions of this §401.129 adopted to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective January 11, 2023, 48 TexReg 51; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c401/scK"><num value="K">SUBCHAPTER K</num><heading>HISTORICALLY UNDERUTILIZED BUSINESSES</heading><section identifier="/us/state/tx/tac/t37/p13/c401/scK/s401.131"><num value="401.131">§401.131</num><heading>Historically Underutilized Businesses</heading><content>The Commission adopts by reference Title 34, Part 1, Chapter 20, Texas Procurement and Support Services, Subchapter B, Historically Underutilized Business Program, as promulgated by the Comptroller of Public Accounts.</content><note type="source"><p>Source Note: The provisions of this §401.131 adopted to be effective December 18, 2012, 37 TexReg 9778; amended to be effective February 26, 2015, 40 TexReg 826; amended to be effective February 3, 2026, 51 TexReg 623.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c403"><num value="403">CHAPTER 403</num><heading>CRIMINAL CONVICTIONS AND ELIGIBILITY FOR CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c403/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.1"><num value="403.1">§403.1</num><heading>Purpose</heading><content>(a) The purpose of this chapter is to establish policy, procedures and criteria on the eligibility of persons with a criminal conviction for a certificate or renewal of a certificate issued by the Texas Commission on Fire Protection (the commission) and to establish procedures for suspension, probation, revocation, or denial of a certificate held or applied for by persons with a criminal conviction pursuant to Chapter 53, Texas Occupations Code.(b) The duties and responsibilities of persons who hold certifications issued by the commission each involve matters that directly relate to public safety, specifically to the reduction of loss of life and property from fire. Thus, conduct involving the injury to a person or the destruction of property by fire, relates directly to the fitness of the individual to be fire protection personnel. Fire protection personnel often have access to areas not generally open to the public. The public relies on the honesty, trustworthiness, and reliability of persons certified by the commission. Thus, crimes involving moral turpitude, including, but not limited to, fraud and dishonesty, are directly relevant. In addition, the ability of such persons to function unimpaired by alcohol or the illegal use of drugs, in dangerous or potentially dangerous circumstances, including, but not limited to, the operation of emergency vehicles is paramount in light of the duty to protect the health and safety of the public.</content><note type="source"><p>Source Note: The provisions of this §403.1 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective December 18, 2012, 37 TexReg 9782.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.3"><num value="403.3">§403.3</num><heading>Scope</heading><content>(a) The policy and procedures established in this chapter apply to a person who holds or applies for any certificate issued under the commission's regulatory authority contained in Government Code, Chapter 419.(b) When a person is convicted of a crime of a sexual nature, the conviction of which would require the individual to be registered as a sex offender under Chapter 62 of the Code of Criminal Procedure; or(c) When a person is convicted of a crime that is an offense under Title 7 of the Texas Penal Code, or a similar offense under the laws of the United States of America, another state, or another jurisdiction, the person's conduct directly relates to the competency and reliability of the person to assume and discharge the responsibilities of fire protection personnel. Such conduct includes, but is not limited to, intentional or knowing conduct, without a legal privilege, which causes or is intended to cause a fire or explosion with the intent to injure or kill any person or animal or to destroy or damage any property. The commission may:(1) deny a person the opportunity to be examined for a certificate;(2) deny the application for a certificate;(3) grant the application for a new certificate with the condition that a probated suspension be placed on the newly granted certificate;(4) refuse to renew a certificate;(5) suspend, revoke, or probate the suspension or revocation of an existing certificate; or(6) limit the terms or practice of a certificate holder to areas prescribed by the commission.(d) When a person's criminal conviction of a felony or misdemeanor directly relates to the duties and responsibilities of the holder of a certificate issued by the commission, the commission may:(1) deny a person the opportunity to be examined for a certificate;(2) deny the application for a certificate;(3) grant the application for a new certificate with the condition that a probated suspension be placed on the newly granted certificate;(4) refuse to renew a certificate;(5) suspend, revoke, or probate the suspension or revocation of an existing certificate; or(6) limit the terms or practice of a certificate holder to areas prescribed by the commission.</content><note type="source"><p>Source Note: The provisions of this §403.3 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective February 17, 2004, 29 TexReg 1412; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective December 18, 2012, 37 TexReg 9782; amended to be effective December 2, 2019, 44 TexReg 7412; amended to be effective November 22, 2023, 48 TexReg 6742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.5"><num value="403.5">§403.5</num><heading>Access to Criminal History Record Information</heading><content>(a) Criminal history record. The commission is entitled to obtain criminal history record information maintained by the Department of Public Safety, or another law enforcement agency to investigate the eligibility of a person applying to the commission for or holding a certificate.(b) Confidentiality of information. All information received under this section is confidential and may not be released to any person outside the agency except in the following instances:(1) a court order;(2) with written consent of the person being investigated;(3) in a criminal proceeding; or(4) in a hearing conducted under the authority of the commission.(c) Early review. A regulated entity that employs a person regulated by the commission, a person seeking to apply for a beginning position with a regulated entity, a volunteer fire department, or an individual participating in the commission certification program may seek the early review under this chapter of the person's present fitness to be certified. Prior to completing the requirements for certification, the individual may request such a review in writing by following the required procedure. A decision by the commission based on an early review does not bind the commission if there is a change in circumstances. The following pertains to early reviews:(1) The commission will complete its review and notify the requestor in writing concerning potential eligibility or ineligibility within 90 days following receipt of all required and necessary information for the review.(2) A notification by the commission regarding the results of an early review is not a guarantee of certification, admission to any training program, or employment with a local government.(3) A fee assessed by the commission for conducting an early review will be in an amount sufficient to cover the cost of conducting the review process, as provided in §437.19 of this title (relating to Early Review Fees).(4) An early review request will be considered incomplete until the requestor submits all required and necessary information. Early review requests that remain incomplete for 90 days following receipt of the initial request will expire. If the request expires and an early review is still desired, a new request and fee must be submitted.</content><note type="source"><p>Source Note: The provisions of this §403.5 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective July 23, 2007, 32 TexReg 4550; amended to be effective December 18, 2012, 37 TexReg 9782; amended to be effective January 26, 2017, 41 TexReg 243; amended to be effective November 22, 2023, 48 TexReg 6742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.7"><num value="403.7">§403.7</num><heading>Criminal Convictions Guidelines</heading><content>(a) The following crimes are considered to relate directly to the ability, capacity, and fitness required to perform the duties and discharge the responsibilities of persons certified by the commission:(1) offenses under the Government Code, Chapter 419, relating to the Texas Commission on Fire Protection;(2) offenses under the Texas Transportation Code Title 6 Roadways, which are punishable by fines greater than $200, or imprisonment, or both fine and imprisonment;(3) offenses under the Health and Safety Code, Chapter 481, concerning controlled substances;(4) offenses under the Health and Safety Code, Chapter 483, concerning dangerous drugs;(5) offenses under the following titles of the Texas Penal Code:(A) Title 5--offenses against the person;(B) Title 6--offenses against the family;(C) Title 7--offenses against property;(D) Title 8--offenses against public administration;(E) Title 9--offenses against public order and decency;(F) Title 10--offenses against public health, safety and morals;(G) Title 11--offenses involving organized crime; and(H) Title 4--inchoate offenses Chapter 15 preparatory offenses to any of the offenses in this section;(6) the offenses listed in this subsection are not inclusive, in that the commission may consider other particular crimes in special cases in order to promote the intent of the statutes administered by the commission.(b) In all cases the commission shall consider:(1) the nature and seriousness of the crime;(2) the relationship of the crime to the purposes for requiring the certificate issued by the commission;(3) the extent to which the certificate might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(4) the relationship of the crime to the ability, capacity, or fitness required to perform the duties and discharge the responsibilities of the certificate holder;(5) the level and nature of supervision of the person by others; and(6) the level and nature of access to public, commercial, and residential properties, including access after regular business hours and access to areas not open to the general public.</content><note type="source"><p>Source Note: The provisions of this §403.7 adopted to be effective May 23, 1999, 24 TexReg 3860.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.9"><num value="403.9">§403.9</num><heading>Mitigating Factors</heading><content>(a) In addition to the factors that must be considered under §403.7 of this title (relating to Criminal Convictions Guidelines), in determining the present fitness of a person who has been convicted of a crime, the commission shall consider the following evidence:(1) the extent and nature of the person's past criminal activity;(2) the age of the person at the time of the commission of the crime;(3) the amount of time that has elapsed since the person's last criminal activity;(4) the conduct and work activity of the person prior to and following the criminal activity;(5) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or following release; and(6) other evidence of the person's present fitness, including letters of recommendation from:(A) prosecution, law enforcement, and correctional officers who prosecuted, arrested, or had custodial responsibility for the person;(B) the sheriff or chief of police in the community where the person resides; and(C) any other persons in contact with the convicted person.(b) It shall be the responsibility of the applicant to the extent possible to secure and provide to the commission as required the recommendations of prosecution, law enforcement, and correctional authorities as required by statute and these rules upon request by the commission staff. The applicant shall upon request also furnish:(1) a copy of the indictment, information or complaint;(2) a copy of the judgement(s) or order(s) of the court adjudicating guilt, granting probation, community supervision, deferred adjudication, or discharge from probation or community supervision;(3) a record of steady employment in the form of a letter from current or former employers;(4) a record that the applicant has supported his or her dependents in the form of a letter from a person in the applicant's community with personal knowledge of the circumstances;(5) evidence that the applicant has paid all outstanding court costs, supervision fees, fines, and restitution as may have been ordered in all criminal cases in which he or she has been convicted, in the form of copies of official records, documents, or a letter from the person's probation or parole officer where applicable concerning his or her current status; and(6) a copy of the police or offense report(s).</content><note type="source"><p>Source Note: The provisions of this §403.9 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective July 23, 2007, 32 TexReg 4550; amended to be effective December 18, 2012, 37 TexReg 9782.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.11"><num value="403.11">§403.11</num><heading>Procedures for Suspension, Revocation, or Denial of a Certificate to Persons with Criminal Backgrounds</heading><content>(a) If the commission proposes to suspend, revoke, limit, or deny a certificate based on the criteria in this chapter, the commission shall notify the individual per Government Code, Chapter 2001. The notice of intended action shall specify the facts or conduct alleged to warrant the intended action.(b) If the proposed action is to limit, suspend, revoke, or refuse to renew a current certificate, or deny an application for a new certificate, a written notice of intended action shall comply with the preliminary notice requirements of Government Code §2001.054(c). The individual may request, in writing, an informal conference with the commission staff in order to show compliance with all requirements of law for the retention of the certificate, pursuant to Government Code §2001.054(c). A written request for an informal staff conference must be submitted to the division director no later than 15 days after the date of the notice of intended action. If the informal staff conference does not result in an agreed consent order, a formal hearing shall be conducted in accordance with the Administrative Procedure Act, Government Code, Chapter 2001.(c) If the individual does not request an informal staff conference or a formal hearing in writing within the time specified in this section, the individual is deemed to have waived the opportunity for a hearing, and the proposed action will be taken.(d) If the commission limits, suspends, revokes, or denies a certificate under this chapter, a written notice shall be provided to the person that includes:(1) the reasons for the decision;(2) that the person may appeal the decision to the commission in accordance with §401.63 of this title (relating to Final Decision and Orders) within 30 days from the date the decision is final and appealable;(3) that the person, after exhausting administrative appeals, may file an action in a district court of Travis County, Texas, for judicial review of the evidence presented to the commission and its decision; and that such petition must be filed with the court no later than 30 days after the commission action is final and appealable.</content><note type="source"><p>Source Note: The provisions of this §403.11 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective March 8, 2001, 26 TexReg 2042; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective December 18, 2012, 37 TexReg 9782; amended to be effective December 2, 2019, 44 TexReg 7412.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c403/sc/s403.15"><num value="403.15">§403.15</num><heading>Report of Convictions by an Individual or a Department</heading><content>(a) A certificate holder must report to the commission, any conviction, other than a minor traffic offense (Class C misdemeanor) under the laws of this state, another state, the United States, or a foreign country, within 14 days of the conviction date. (b) A regulated entity or local government entity shall report to the commission, any conviction of a certificate holder other than a minor traffic offense (class C misdemeanor) under the laws of this state, another state, the United States, or foreign country, that it has knowledge of, within 14 days of the conviction date. (c) A certificate holder is subject to suspension, revocation, or denial of any or all certifications for violation of the requirements of subsection (a) of this section. Each day may be considered a separate offense. (d) A regulated entity or government entity regulated by the commission violating subsection (b) of this section may be subject to administrative penalties of up to $500. Each day may be considered a separate offense.</content><note type="source"><p>Source Note: The provisions of this §403.15 adopted to be effective May 23, 1999, 24 TexReg 3860; amended to be effective July 23, 2007, 32 TexReg 4550; amended to be effective December 18, 2012, 37 TexReg 9782; amended to be effective December 2, 2019, 44 TexReg 7412; amended to be effective November 22, 2023, 48 TexReg 6742.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c421"><num value="421">CHAPTER 421</num><heading>STANDARDS FOR CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c421/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.1"><num value="421.1">§421.1</num><heading>Procedures for Meetings</heading><content>The Commission may maintain advisory committees and ad hoc committees to assist with rulemaking, curriculum development, and the performance of the Commission's duties. Rules related to these committees are outlined in the 37 Texas Administrative Code (TAC), Chapter 463, Advisory Committees, Practices and Procedures.</content><note type="source"><p>Source Note: The provisions of this §421.1 adopted to be effective November 1, 1998, 23 TexReg 10886; amended to be effective March 2, 2000, 25 TexReg 1721; amended to be effective July 29, 2002, 27 TexReg 6722; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective November 25, 2021, 46 TexReg 7897; amended to be effective January 28, 2024, 49 TexReg 282.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.3"><num value="421.3">§421.3</num><heading>Minimum Standards Set by the Commission</heading><content>(a) General statement. It shall be clearly understood that the specified minimum standards described in this section are designated as a minimum program. Employing entities are encouraged to exceed the minimum program wherever possible. Continuous in-service training beyond the minimum standards for fire protection personnel is strongly recommended. Nothing in these regulations shall limit or be construed as limiting the powers of the Civil Service Commission, or the employing entity, to enact rules and regulations that establish a higher standard of training than the minimum specified, or which provide for the termination of the services of unsatisfactory employees during or upon completion of the prescribed probationary period.(b) Functional position descriptions.(1) Structural Fire Protection personnel. The following general position description for structural fire protection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire fighter operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. Successfully complete a Commission-approved course; achieve a passing score on written and performance certification examinations; must be at least 18 years of age; generally, the knowledge and skills required show the need for a high school education or equivalent; ability to communicate verbally, via telephone and radio equipment; ability to lift, carry, drag, and balance weight equivalent to the average human weight; ability to interpret in English, written and oral instructions; ability to work effectively in high stress situations; ability to work effectively in an environment with loud noises and flashing lights; ability to function through an entire work shift; ability to calculate weight and volume ratios; ability to read and understand English language manuals including chemical, medical and technical terms, and road maps; ability to accurately discern street signs and address numbers; ability to document in English, all relevant information in prescribed format in light of legal ramifications of such; ability to converse in English with coworkers and other emergency response personnel. Good manual dexterity with the ability to perform all tasks related to the protection of life and property; ability to bend, stoop, and crawl on uneven surfaces; ability to withstand varied environmental conditions such as extreme heat, cold, and moisture; and ability to work in low or no light, confined spaces, elevated heights, and other dangerous environments.(B) Competency. A basic fire fighter must demonstrate competency in handling emergencies utilizing equipment and skills in accordance with the objectives in Chapter 1 of the Commission's Certification Curriculum Manual.(2) Aircraft Rescue Fire Fighting personnel. The following general position description for aircraft rescue fire fighting personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of aircraft rescue fire fighting personnel operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction. (A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: familiarity with geographic and physical components of an airport; ability to use and understand communication equipment, terminology, and procedures utilized by airports; ability and knowledge in the application of fire suppression agents; and ability to effectively perform fire suppression and rescue operations. (B) Competency. Basic fire fighting and rescue personnel must demonstrate competency in handling emergencies utilizing equipment and skills in accordance with the objectives in Chapter 2 of the Commission's Certification Curriculum Manual.(3) Marine Fire Protection personnel. The following general position description for marine fire protection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the marine fire fighter operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: familiarity with geographic and physical components of a navigable waterway; ability to use and understand communication equipment, terminology, and procedures used by the maritime industry; and knowledge in the operation of fire fighting vessels.(B) Competency. A marine fire fighter must demonstrate competency in handling emergencies utilizing equipment and skills in accordance with the objectives in Chapter 3 of the Commission's Certification Curriculum Manual.(4) Fire Inspection personnel. The following general position description for fire inspection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire inspector operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. Successfully complete a Commission-approved course; achieve a passing score on certification examinations; must be at least 18 years of age; generally, the knowledge and skills required to show the need for a high school education or equivalent; ability to communicate verbally, via telephone and radio equipment; ability to lift, carry, and balance weight equivalent to weight of common tools and equipment necessary for conducting an inspection; ability to interpret written and oral instructions; ability to work effectively with the public; ability to work effectively in an environment with potentially loud noises; ability to function through an entire work shift; ability to calculate area, weight and volume ratios; ability to read and understand English language manuals including chemical, construction and technical terms, building plans and road maps; ability to accurately discern street signs and address numbers; ability to document, in writing, all relevant information in a prescribed format in light of legal ramifications of such; ability to converse in English with coworkers and other personnel. Demonstrate knowledge of the characteristics and behavior of fire and fire prevention principles. Good manual dexterity with the ability to perform all tasks related to the inspection of structures and property; ability to bend, stoop, and crawl on uneven surfaces; ability to climb ladders; ability to withstand varied environmental conditions such as extreme heat, cold, and moisture; and the ability to work in low light, confined spaces, elevated heights, and other dangerous environments.(B) Competency. A fire inspector must demonstrate competency in conducting inspections utilizing equipment and skills in accordance with the objectives in Chapter 4 of the Commission's Certification Curriculum Manual.(5) Fire Investigator personnel. The following general position description for fire investigator personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the fire investigator operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. Successfully complete a Commission-approved course; achieve a passing score on certification examinations; be at least 18 years of age; generally, the knowledge and skills required to show the need for a high school education or equivalent; ability to communicate verbally, via telephone and radio equipment; ability to lift, carry, and balance weight equivalent to weight of common tools and equipment necessary for conducting an investigation; ability to interpret written and oral instructions; ability to work effectively with the public; ability to work effectively in a hazardous environment; ability to function through an entire work shift; ability to calculate area, weight and volume ratios; ability to read and understand English language manuals including chemical, legal and technical terms, building plans and road maps; ability to accurately discern street signs and address numbers; ability to document, in writing, all relevant information in a prescribed format in light of legal ramifications of such; ability to converse in English with coworkers and other personnel. Good manual dexterity with the ability to perform all tasks related to fire investigation; ability to bend, stoop, and walk on uneven surfaces; ability to climb ladders; ability to withstand varied environmental conditions such as extreme heat, cold, and moisture; and the ability to work in low light, confined spaces, elevated heights, and other potentially dangerous environments.(B) Competency. A fire investigator or arson investigator must demonstrate competency in determining fire cause and origin utilizing equipment and skills in accordance with the objectives in Chapter 5 of the Commission's Certification Curriculum Manual.(6) Hazardous Materials Technician personnel. The following general position description for hazardous materials personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the hazardous materials technician operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction. (A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: complete a Commission-approved course; achieving a passing score on the certification examination; the ability to analyze a hazardous materials incident, plan a response, implement the planned response, evaluate the progress of the planned response, and terminate the incident.(B) Competency. A hazardous materials technician must demonstrate competency in handling emergencies resulting from releases or potential releases of hazardous materials, using specialized chemical protective clothing and control equipment in accordance with the objectives in Chapter 6 of the Commission's Certification Curriculum Manual.(7) Hazardous Materials Incident Commander personnel. The following general position description for Hazardous Materials Incident Commander serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Hazardous Materials Incident Commander operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. In addition to the qualifications for awareness and operations level personnel, the Hazardous Materials Incident Commander is an individual who has met all the job performance requirements of a Hazardous Materials Incident Commander as defined in Chapter 8 of NFPA 472, Competence of Responders to Hazardous Materials Incidents/Weapons of Mass Destruction. The individual should demonstrate knowledge of the policies, plans, and procedures regarding hazardous materials response as adopted by the local jurisdiction; and all components of the incident command system and their proper utilization.(B) Competency. In addition to the competencies of awareness and operations level personnel, a Hazardous Materials Incident Commander must demonstrate competency in such areas as: analyzing an incident via the collection of information and an estimation of potential outcomes; planning appropriate response operations; implementing a planned response; evaluating the progress of a planned response and revising as necessary; terminating an incident; conducting a post-incident critique; and reporting and documenting an incident in a manner consistent with local, state, and federal requirements.(8) Driver/Operator-Pumper personnel. The following general position description for driver/operator-pumper personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the driver/operator-pumper of a fire department pumper operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. In addition to the qualifications for basic structural fire protection personnel: the ability to perform specified routine test, inspection, and maintenance functions; ability to perform practical driving exercises; ascertain the expected fire flow; ability to position a fire department pumper to operate at a fire hydrant; ability to produce effective streams; and supply sprinkler and standpipe systems.(B) Competency. A driver/operator-pumper must demonstrate competency in operating a fire department pumper in accordance with the objectives in Chapter 7 of the Commission's Certification Curriculum Manual.(9) Fire Officer I personnel. The following general position description for Fire Officer I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer I operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. In addition to the qualifications for basic structural fire protection and Fire Instructor I personnel: the ability to supervise personnel, and assign tasks at emergency operations; the ability to direct personnel during training activities; the ability to recommend action for member-related problems; the ability to coordinate assigned tasks and projects, and deal with inquiries and concerns from members of the community; the ability to implement policies; the ability to perform routine administrative functions, perform preliminary fire investigation, secure an incident scene and preserve evidence; the ability to develop pre-incident plans, supervise emergency operations, and develop and implement action plans; the ability to deploy assigned resources to ensure a safe work environment for personnel, conduct initial accident investigation, and document an incident.(B) Competency. A Fire Officer I must demonstrate competency in handling emergencies and supervising personnel utilizing skills in accordance with the objectives in Chapter 9 of the Commission Certification Curriculum Manual.(10) Fire Officer II personnel. The following general position description for Fire Officer II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer II operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. In addition to the qualifications for Fire Officer I and Fire Instructor I personnel: the ability to motivate members for maximum job performance; the ability to evaluate job performance; the ability to deliver life safety and fire prevention education programs; the ability to prepare budget requests, news releases, and policy changes; the ability to conduct pre-incident planning, fire inspections, and fire investigations; the ability to supervise multi-unit emergency operations, identify unsafe work environments or behaviors, review injury, accident, and exposure reports.(B) Competency. A Fire Officer II must demonstrate competency in supervising personnel and coordinating multi-unit emergency operations utilizing skills in accordance with the objectives in Chapter 9 of the Commission's Certification Curriculum Manual.(11) Fire Officer III personnel. The following general position description for Fire Officer III personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer III operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. A Fire Officer III is a midlevel supervisor who performs both supervisory and first-line managerial functions. In addition to the qualifications and competency for Fire Officer II, the Fire Officer III is an individual who has met all the job performance requirements of Fire Officer III as defined in Chapter 6 of NFPA 1021, Standard for Fire Officer Professional Qualifications. Typical duties of an individual at the Fire Officer III level include: establishing procedures for hiring, assignment, and professional development of personnel; developing public service/partnership and programs; preparing budgets and budget management systems; planning for organizational resource management; evaluating inspection and public safety programs and plans; managing multi-agency plans and operations; serving as Incident Commander at expanding emergency incidents for all hazard types; and developing and managing a departmental safety program.(B) Competency. A Fire Officer III must demonstrate competency in doing research; analyzing data and using evaluative techniques; developing proposals; developing, preparing, and implementing various procedures and programs within an organization; managing personnel resources; preparing and managing budgets; utilizing techniques to encourage personnel participation and development; and working in top-level positions within the incident command system.(12) Fire Officer IV personnel. The following general position description for Fire Officer IV personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Officer IV operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. A Fire Officer IV is an upper-level supervisor who performs both supervisory and managerial functions. In addition to the qualifications and competency of Fire Officer III, the Fire Officer IV is an individual who has met all the job performance requirements of Fire Officer IV as defined in Chapter 7 of NFPA 1021, Standard for Fire Officer Professional Qualifications. Typical duties of an individual at the Fire Officer IV level include: administering job performance requirements; evaluating and making improvements to department operations; developing long-range plans and fiscal projections; developing plans for major disasters; serving as Incident Commander at major incidents for all hazard types; and administering comprehensive risk management programs.(B) Competency. A Fire Officer IV must demonstrate competency in appraising and evaluating departmental programs to ensure adherence to current laws and best practices; developing medium and long-range plans for organizations; and assuming a top-level leadership role in both the organization and community.(13) Fire Service Instructor I personnel. The following general position description for Fire Service Instructor I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor I operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction. (A) Qualifications. In addition to successfully completing a Commission-approved course and achieving a passing score on the certification examination: must have the ability to deliver instructions effectively from a prepared lesson plan; the ability to use instructional aids and evaluation instruments; the ability to adapt to lesson plans to the unique requirements of both student and the jurisdictional authority; the ability to organize the learning environment to its maximum potential; the ability to meet the record-keeping requirements of the jurisdictional authority.(B) Competency. A Fire Service Instructor I must demonstrate competency in delivering instruction in an environment organized for efficient learning while meeting the record-keeping needs of the authority having jurisdiction, utilizing skills in accordance with the objectives in Chapter 8 of the Commission's Certification Curriculum Manual.(14) Fire Service Instructor II personnel. The following general position description for Fire Service Instructor II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor II operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction. (A) Qualifications. In addition to successfully completing a Commission-approved course, achieving a passing score on the certification examination, and meeting the qualifications for Fire Service Instructor I: the ability to develop individual lesson plans for a specific topic, including learning objectives, instructional aids, and evaluation instruments; the ability to schedule training sessions based on the overall training plan of the jurisdictional authority; the ability to supervise and coordinate the activities of other instructors.(B) Competency. A Fire Service Instructor II must demonstrate competency in developing individual lesson plans; scheduling training sessions; and supervising other instructors, utilizing skills in accordance with the objectives in Chapter 8 of the Commission Certification Curriculum Manual.(15) Fire Service Instructor III personnel. The following general position description for Fire Service Instructor III personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Service Instructor III operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction. (A) Qualifications. In addition to successfully completing a Commission-approved course, achieving a passing score on the certification examination, and meeting the qualifications for Fire Service Instructor II: the ability to develop comprehensive training curricula and programs for use by single or multiple organizations; the ability to conduct organizational needs analysis; and the ability to develop training goals and implementation strategies.(B) Competency. A Fire Service Instructor III must demonstrate competency in developing comprehensive training curricula and programs; conducting organizational needs analysis; and developing training goals and implementation strategies, utilizing skills in accordance with the objectives in Chapter 8 of the Commission's Certification Curriculum Manual.(16) Incident Safety Officer personnel. The following general position description for Incident Safety Officer personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Incident Safety Officer operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. An Incident Safety Officer is an individual who has met the requirements of Fire Officer Level I specified in NFPA 1021, Standard for Fire Officer Professional Qualifications and Chapter 6 of NFPA 1521, Standard for Fire Department Safety Officer, and has the knowledge, skill, and abilities to manage incident scene safety. Typical Incident Safety Officer duties include risk and resource evaluation; hazard identification and communication; action plan reviews; safety briefings; accident investigation; post-incident analysis; and participation in safety committee activities.(B) Competency. An Incident Safety Officer must demonstrate competency in the management of incident scene safety through a working knowledge of the various emergency operations as prescribed by the local jurisdiction; an understanding of building construction; fire science and fire behavior; managing an organization's personnel accountability system; and incident scene rehabilitation methodology.(17) Basic Wildland Fire Protection personnel. The following general position description for Basic Wildland Fire Protection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Basic Wildland Fire Fighter operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. A Basic Wildland Fire Fighter is an individual who has met the requirements of Chapter 5 of NFPA 1051, Standard for Wildland Fire Fighter Professional qualifications, and should demonstrate knowledge in: wildland fire behavior; fireline safety and use; limitations of personal protective equipment; fire shelter use; fire suppression tactics and techniques in wildland settings; and have an understanding of the fire fighter's role within the local incident management system.(B) Competency. A Basic Wildland Fire Fighter must demonstrate competency in such areas as: maintaining personal protective equipment and assigned fire suppression tools and equipment; the ability to quickly prepare for a response when notified; recognizing hazards and unsafe situations in a wildland fire; securing a fire line; mopping up a fire area; and patrolling a fire area to ensure fire control.(18) Intermediate Wildland Fire Protection personnel. The following general position description for Intermediate Wildland Fire Protection personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Intermediate Wildland Fire Fighter operating in the State of Texas. It is ultimately the responsibility of an employer to define specific job descriptions within each jurisdiction.(A) Qualifications. In addition to the qualifications and competency for the Basic Wildland Fire Fighter, the Intermediate Wildland Fire Fighter is an individual who has met the requirements of Chapter 6 of NFPA 1051, Standard for Wildland Fire Fighter Professional qualifications, and should demonstrate knowledge in: basic map reading; use of a locating device such as a compass; radio procedures as adopted by the local jurisdiction; and record keeping.(B) Competency. An Intermediate Wildland Fire Fighter must demonstrate competency in such areas as: the ability to lead a team of fire fighters in the performance of assigned tasks while maintaining the safety of personnel; implementing appropriate fireline construction methods and other techniques for the protection of exposed property; operation of water delivery equipment; securing an area of suspected fire origin and associated evidence; and serving as a lookout in a wildland fire.(19) Plans Examiner personnel. The following general position description for Plans Examiner personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Plans Examiner operating in the State of Texas.(A) Qualifications. A Plans Examiner is an individual who has met the requirements of Plans Examiner specified in NFPA 1030 (1031) Chapter 8, Standard for Professional Qualifications for Fire Prevention Program Positions.(B) Competency. A Plans Examiner analyzes building construction, hazardous processes, and architectural drawings or plans to ensure compliance with building and fire codes. This individual is also charged with reviewing plans for new construction as well as modifications to existing structures to ensure that applicable fire and life safety codes are followed.(20) Fire and Life Safety Educator I personnel. The following general position description for Fire and Life Safety Educator I personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire and Life Safety Educator I, operating in the State of Texas.(A) Qualifications. A Fire and Life Safety Educator I is an individual who has met the requirements of Fire and Life Safety Educator I specified in NFPA 1030 (1035) Chapter 9, Standard for Professional Qualifications for Fire Prevention Program Positions.(B) Competency. A Fire and Life Safety Educator I must demonstrate competency in the ability to coordinate and deliver existing educational programs and information designed to reduce risks within the community.(21) Fire and Life Safety Educator II personnel. The following general position description for Fire and Life Safety Educator II personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire and Life Safety Educator II operating in the State of Texas.(A) Qualifications. A Fire and Life Safety Educator II is an individual who has met the requirements of Fire and Life Safety Educator II specified in NFPA 1030 (1035) Chapter 10, Standard for Professional Qualifications for Fire Prevention Program Positions.(B) Competency. A Fire and Life Safety Educator II must demonstrate competency in the ability to prepare educational programs and information to meet identified needs to reduce risks within the community.(22) Fire Marshal personnel. The following general position description for Fire Marshal personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Fire Marshal operating in the State of Texas. (A) Qualifications. A Fire Marshal is an individual who has met the requirements of Fire Marshal specified in NFPA 1030 (1037) Chapter 4 & 5, Standard for Professional Qualifications for Fire Prevention Program Positions.(B) Competency. A person designated to provide delivery, management, or administration of fire-protection and life-safety-related codes and standards, investigations, community risk reduction, education, or prevention services for local, county, state, provincial, federal, tribal, or private sector jurisdictions as adopted or determined by that entity.(23) Rope Rescue Awareness and Operations personnel. The following general position description for Rope Rescue Awareness and Operations personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Rope Rescue personnel operating at the awareness and operations level in the State of Texas.(A) Qualifications. Rope Rescue Awareness and Operations personnel are individuals who have met the requirements of Rope Rescue Operations Level specified in NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications.(B) Competency. Rope Rescue Awareness and Operations personnel demonstrate competency in responding to technical rescue incidents, identifying hazards, using equipment, and applying limited techniques to support and participate in a technical rescue in accordance with the objectives in Chapter 16 of the Commission's Certification Curriculum Manual.(24) Rope Rescue Technician personnel. The following general position description for Rope Rescue Technician personnel serves as a guide for anyone interested in understanding the qualifications, competencies, and tasks required of the Rope Rescue personnel operating in the State of Texas.(A) Qualifications. A Rope Rescue Technician is an individual who has met the requirements of Rope Rescue Technician Level specified in NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications.(B) Competency. A Rope Rescue Technician demonstrates competency in responding to rope rescue incidents, identifying hazards, using equipment, and applying advanced techniques to coordinate, perform, and supervise technical rope rescue incidents in accordance with the objectives in Chapter 16 of the Commission's Certification Curriculum Manual.</content><note type="source"><p>Source Note: The provisions of this §421.3 adopted to be effective November 1, 1998, 23 TexReg 10886; amended to be effective May 23, 1999, 24 TexReg 3861; amended to be effective November 14, 1999, 24 TexReg 10139; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective June 17, 2003, 28 TexReg 4566; amended to be effective March 2, 2005, 30 TexReg 1085; amended to be effective May 21, 2006, 31 TexReg 3903; amended to be effective December 3, 2006, 31 TexReg 9618; amended to be effective May 9, 2007, 32 TexReg 2470; amended to be effective November 28, 2007, 32 TexReg 8522; amended to be effective August 5, 2013, 38 TexReg 4901; amended to be effective January 28, 2024, 49 TexReg 282; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.5"><num value="421.5">§421.5</num><heading>Definitions</heading><content>The following words and terms, when used in the Standards Manual, shall have the following meanings, unless the context clearly indicates otherwise.(1) Admission to employment--An entry-level full-time employee of a local government entity in one of the categories of fire protection personnel.(2) Appointment--The designation or assignment of a person to a discipline regulated by the Commission. The types of appointments are:(A) Permanent appointment--the designation or assignment of certified fire protection personnel or certified part-time fire protection employees to a particular discipline (See Texas Government Code, Chapter 419, §419.032); and(B) Probationary or temporary appointment--the designation or assignment of an individual to a particular discipline, except for head of a fire department, for which the individual has passed the Commission's certification and has met the medical requirement of §423.1(c) of this title (relating to Minimum Standards for Structure Fire Protection Personnel), if applicable, but has not yet been certified. (See Texas Government Code, Chapter, §419.032.)(3) Approved training--Any training used for a higher level of certification must be approved by the Commission and assigned to either the A-List or the B-List. The training submission must be in a manner specified by the commission and contain all information requested by the Commission. The Commission will not grant credit twice for the same subject content or course. Inclusion on the A-List or B-List does not preclude the course approval process as stated elsewhere in the Standards Manual.(4) Assigned/work--A fire protection personnel or a part-time fire protection employee shall be considered "assigned/working" in a position, any time the individual is receiving compensation and performing the duties that are regulated by the Commission and has been permanently appointed, as defined in this section, to the particular discipline.(5) Auxiliary fire fighter--A volunteer fire fighter.(6) Benefits--Benefits shall include, but are not limited to, inclusion in group insurance plans (such as health, life, and disability) or pension plans, stipends, free water usage, and reimbursed travel expenses (such as meals, mileage, and lodging).(7) Chief Training Officer--The individual, by whatever title he or she may be called, who coordinates the activities of a certified training facility.(8) Class hour--Defined as not less than 50 minutes of instruction, also defined as a contact hour; a standard for certification of fire protection personnel.(9) Code--The official legislation creating the Commission. (10) College credits--Credits earned for studies satisfactorily completed at an institution of higher education accredited by an agency recognized by the U.S. Secretary of Education and including National Fire Academy (NFA) open learning program colleges, or courses recommended for college credit by the American Council on Education (ACE) or delivered through the National Emergency Training Center (both EMI and NFA) programs. A course of study satisfactorily completed and identified on an official transcript from a college or in the ACE National Guide that is primarily related to Fire Service, Emergency Medicine, Emergency Management, or Public Administration is defined as applicable for Fire Science college credit, and is acceptable for higher levels of certification. A criminal justice course related to fire and or arson investigation that is satisfactorily completed and identified on an official transcript from a college or in the ACE National Guide may be used to qualify for Master Arson Investigator certification.(11) Commission--Texas Commission on Fire Protection.(12) Commission-recognized training--A curriculum or training program which carries written approval from the Commission, or credit hours that appear on an official transcript from an accredited college or university, or any fire service training received from a nationally recognized source, i.e., the National Fire Academy.(13) Compensation--Compensation is to include wages, salaries, and "per call" payments (for attending drills, meetings, or answering emergencies).(14) Expired--Any certification that has not been renewed on or before the end of the certification period.(15) Federal fire fighter--A person as defined in Texas Government Code, Chapter 419, §419.084(h).(16) Fire chief--The head of a fire department.(17) Fire department--A department of a local government that is staffed by one or more fire protection personnel or part-time fire protection employees.(18) Fire protection personnel--Any person who is a permanent full-time employee of a fire department or governmental entity and who is appointed duties in one of the following categories/disciplines: fire suppression, fire inspection, fire and arson investigation, marine fire fighting, aircraft rescue fire fighting, fire training, fire education, fire administration and others employed in related positions necessarily or customarily appertaining thereto.(19) Fire Code Inspection--Also called Fire Safety Inspection as referenced in Texas Government Code, Chapter 419, §419.909. An inspection performed for the purpose of determining and enforcing compliance with an adopted fire code.(20) Fire suppression duties--Engaging in the controlling or extinguishment of a fire of any type or performing activities that are required for and directly related to the control and extinguishment of fires or standing by on the employer's premises or apparatus or nearby in a state of readiness to perform these duties.(21) Full-time--An officer or employee is considered full-time if the employee works an average of 40 hours a week or averages 40 hours per week or more during a work cycle in a calendar year. For the purposes of this definition paid leave will be considered time worked. (22) Government entity--The local authority having jurisdiction as employer of full-time fire protection personnel in a state agency, incorporated city, village, town or county, education institution or political subdivision.(23) High school--A school accredited as a high school by the Texas Education Agency or equivalent accreditation agency from another jurisdiction.(24) Immediately dangerous to life or health (IDLH)--An atmosphere that poses an immediate threat to life, would cause irreversible adverse health effects, or would impair an individual's ability to escape from a dangerous atmosphere.(25) Incipient stage fire--A fire which is in the initial or beginning stage and which can be controlled or extinguished by portable fire extinguishers, Class II standpipe or small hose systems without the need for protective clothing or breathing apparatus.(26) Instructor:(A) Lead Instructor--Oversees the presentation of an entire course and assures that course objectives are met in accordance with the applicable curriculum or course material. The lead instructor should have sufficient experience in presenting all units of the course so as to be capable of last-minute substitution for other instructors.(B) Instructor (also Unit Instructor for wildland courses)--Responsible for the successful presentation of one or more areas of instruction within a course, and should be experienced in the lesson content they are presenting.(C) Guest Instructor--An individual who may or may not hold Instructor certification but whose special knowledge, skill, and expertise in a particular subject area may enhance the effectiveness of the training in a course. Guest instructors shall teach under the endorsement of the lead instructor.(27) Interior structural fire fighting--The physical activity of fire suppression, rescue or both, inside of buildings or enclosed structures, enclosed areas, and IDLH situations that are involved in a fire situation beyond the incipient stage. (See 29 CFR §1910.155.) (28) Military active duty (or active duty)--Current full-time military service in the armed forces of the United States, or full-time military service as a member of the Texas military forces or a similar service of another state.(29) Military service member--A person who is on active duty.(30) Military spouse--A person who is married to a military service member.(31) Military veteran--A person who has served on active duty and who was discharged or released from active duty.(32) Municipality--Any incorporated city, village, or town of this state and any county or political subdivision or district in this state. Municipal pertains to a municipality as defined in this section.(33) National Fire Academy semester credit hours--The number of hours credited for attendance of National Fire Academy courses is determined as recommended in the most recent edition of the "National Guide to Educational Credit for Training Programs," American Council on Education (ACE).(34) National Fire Protection Association (NFPA)--An organization established to provide and advocate consensus codes and standards, research, training, and education for fire protection.(35) National Wildfire Coordinating Group (NWCG)--An operational group designed to establish, implement, maintain, and communicate policy, standards, guidelines, and qualifications for wildland fire program management among participating agencies. (36) Non-self-serving affidavit--A sworn document executed by someone other than the individual seeking certification.(37) Participating volunteer fire fighter--An individual who voluntarily seeks certification and regulation by the Commission under the Texas Government Code, Chapter 419, Subchapter D.(38) Participating volunteer fire service organization--A fire department that voluntarily seeks regulation by the Commission under the Texas Government Code, Chapter 419, Subchapter D.(39) Part-time fire protection employee--An individual who is appointed as a part-time fire protection employee and who receives compensation, including benefits and reimbursement for expenses. A part-time fire protection employee is not full-time as defined in this section.(40) Personal alert safety system (PASS)--Devices that are certified as being compliant with NFPA 1982 and that automatically activates an alarm signal (which can also be manually activated) to alert and assist others in locating a fire fighter or emergency services person who is in danger.(41) Political subdivision--A political subdivision of the State of Texas that includes, but is not limited to the following: (A) city;(B) county;(C) school district;(D) junior college district;(E) levee improvement district;(F) drainage district;(G) irrigation district;(H) water improvement district;(I) water control and improvement district;(J) water control and preservation district;(K) freshwater supply district;(L) navigation district;(M) conservation and reclamation district;(N) soil conservation district;(O) communication district;(P) public health district;(Q) river authority;(R) municipal utility district;(S) transit authority;(T) hospital district;(U) emergency services district;(V) rural fire prevention district; and(W) any other governmental entity that:(i) embraces a geographical area with a defined boundary;(ii) exists for the purpose of discharging functions of the government; and(iii) possesses authority for subordinate self-government through officers selected by it.(42) Pre-fire Planning--Also called a Pre-fire Survey. A walk-through performed by fire fighters for the purpose of gaining familiarity with a building, its contents, and its occupancy.(43) Reciprocity for IFSAC seals and TEEX Pro Board certificates--Valid documentation of accreditation from the International Fire Service Accreditation Congress and the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service used for commission certification may only be used for obtaining an initial certification.(44) Recognition of training--A document issued by the Commission stating that an individual has completed the training requirements of a specific phase level of the Basic Fire Suppression Curriculum.(45) School--Any school, college, university, academy, or local training program that offers fire service training and included within its meaning the combination of course curriculum, instructors, and facilities.(46) Structural fire protection personnel--Any person who is a permanent full-time employee of a government entity who engages in fire fighting activities involving structures and may perform other emergency activities typically associated with fire fighting activities such as rescue, emergency medical response, confined space rescue, hazardous materials response, and wildland fire fighting.(47) Trainee--An individual who is participating in a Commission-approved training program.(48) Volunteer fire protection personnel--Any person who has met the requirements for membership in a volunteer fire service organization, who is assigned duties in one of the following categories: fire suppression, fire inspection, fire and arson investigation, marine fire fighting, aircraft rescue fire fighting, fire training, fire education, fire administration and others in related positions necessarily or customarily appertaining thereto.(49) Volunteer fire service organization--A volunteer fire department or organization not under mandatory regulation by the Commission.(50) Years of experience--For purposes of higher levels of certification or fire service instructor certification:(A) Except as provided in subparagraph (B) of this paragraph, years of experience is defined as full years of full-time, part-time, or volunteer fire service while holding:(i) a commission certification as a full-time, or part-time employee of a government entity, a member in a volunteer fire service organization, and/or an employee of a regulated non-governmental fire department; or(ii) a State Firefighters' and Fire Marshals' Association advanced fire fighter certification and have successfully completed, as a minimum, the requirements for an Emergency Care Attendant (ECA) as specified by the Department of State Health Services (DSHS), or its successor agency, or its equivalent; or(iii) an equivalent certification as a full-time fire protection personnel of a governmental entity from another jurisdiction, including the military, or while a member in a volunteer fire service organization from another jurisdiction, and have, as a minimum, the requirements for an ECA as specified by the DSHS, or its successor agency, or its equivalent; or(iv) for fire service instructor eligibility only, a State Firefighters' and Fire Marshals' Association Level II Instructor Certification, received prior to June 1, 2008, or Instructor I received on or after June 1, 2008 or an equivalent instructor certification from the DSHS or the Texas Commission on Law Enforcement. Documentation of at least three years of experience as a volunteer in the fire service shall be in the form of a non-self-serving sworn affidavit.(B) For fire service personnel certified as required in subparagraph (A) of this paragraph on or before October 31, 1998, years of experience includes the time from the date of employment or membership to date of certification not to exceed one year.</content><note type="source"><p>Source Note: The provisions of this §421.5 adopted to be effective November 1, 1998, 23 TexReg 10886; amended to be effective May 23, 1999, 24 TexReg 3861; amended to be effective November 14, 1999, 24 TexReg 10139; amended to be effective March 2, 2000, 25 TexReg 1721; amended to be effective June 26, 2001, 26 TexReg 4734; amended to be effective March 5, 2002, 27 TexReg 1533; amended to be effective July 29, 2002, 27 TexReg 6722; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective March 10, 2003, 28 TexReg 2122; amended to be effective February 17, 2004, 29 TexReg 1413; amended to be effective May 6, 2004, 29 TexReg 4229; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective March 27, 2006, 31 TexReg 2695; amended to be effective December 3, 2006, 31 TexReg 9618; amended to be effective May 9, 2007, 32 TexReg 2470; amended to be effective February 17, 2008, 33 TexReg 1129; amended to be effective August 17, 2008, 33 TexReg 6600; amended to be effective February 23, 2009, 34 TexReg 1259; amended to be effective August 10, 2009, 34 TexReg 5411; amended to be effective August 5, 2013, 38 TexReg 4901; amended to be effective November 11, 2013, 38 TexReg 7978; amended to be effective March 2, 2014, 39 TexReg 1163; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effective November 26, 2015, 40 TexReg 8343; amended to be effective February 10, 2016, 41 TexReg 980; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.9"><num value="421.9">§421.9</num><heading>Designation of Fire Protection Duties</heading><content>(a) An individual who performs one or more fire protection duties, listed in the Texas Government Code, §419.021(3)(C), for a fire department of local government entity shall be designated to only one of the following categories:(1) fire protection personnel;(2) a part-time fire protection employee; or(3) a volunteer fire fighter or other auxiliary fire fighter.(b) A fire department regulated by the Commission may not designate the same person under more than one category under this section. The designation shall be made on the records of the department, and the designation shall be made available for inspection by the Commission or sent to the Commission on request.(c) A fire department regulated by the Commission shall report the appointment of fire protection personnel to a regulated discipline via the Commission's online management program, or the appropriate form if available. Fire protection personnel who are assigned to a regulated discipline as part of their regularly assigned duties shall be appointed to that discipline with the Commission. No individual may be appointed to a discipline without approval by the Commission. The Commission shall not approve an initial appointment to a regulated discipline until it has reviewed and approved a person's fingerprint-based criminal history record. Termination of fire protection personnel or part-time fire protection employees shall be reported to the Commission via the Commission's online management program, or the appropriate form if available within 14 calendar days of the action. In the case of termination, the employing entity shall report an individual's last known home address to the Commission. A Removal from Appointment form may be submitted without the employee's signature.(d) A fire department may not in a calendar year compensate, reimburse, or provide benefits to a person the department has designated as a volunteer or other auxiliary fire fighter in an amount that is equal to or more than what a person receives working 2,080 hours at the federal minimum wage.(e) A person certified as fire protection personnel in one fire department may be employed and designated as a part-time fire protection employee in another fire department without additional certification as a part-time fire protection employee.</content><note type="source"><p>Source Note: The provisions of this §421.9 adopted to be effective November 1, 1998, 23 TexReg 10886; amended to be effective May 23, 1999, 24 TexReg 3861; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective June 17, 2003, 28 TexReg 4566; amended to be effective November 18, 2009, 34 TexReg 8040; amended to be effective May 18, 2010, 35 TexReg 3847; amended to be effective June 3, 2012, 37 TexReg 3861; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.11"><num value="421.11">§421.11</num><heading>Requirement To Be Certified Within One Year</heading><content>(a) Except for subsection (c) and (d) of this section, fire protection personnel or part-time fire protection employees of a fire department who are appointed duties identified as fire protection personnel duties must be certified by the Commission in the discipline(s) to which they are assigned within one year of their appointment to the duties or within two years of successfully passing the applicable commission examination, whichever is less. The Commission shall not approve an initial certification for a regulated discipline until it has reviewed and approved a person's fingerprint-based criminal history record. An individual who accepts appointment(s) in violation of this section shall be removed from the appointment(s) and will be subject to administrative penalties. A department or local government that appoints an individual in violation of this section will also be subject to administrative penalties.(b) An individual who has been removed from appointment to duties identified as fire protection personnel duties for violation of this section must petition the Commission in writing for permission to be reappointed to the duties from which they were removed. The petition will be considered only if the individual has obtained all appropriate certification(s) applicable to the duties to which the individual seeks reappointment.(c) A military spouse may be appointed to fire protection personnel duties with a regulated fire department without being required to obtain the applicable certification, provided the military spouse submits the following to the Commission prior to appointment and has received confirmation of approval from the Commission:(1) notification to the Commission of intent to perform regulated fire protection duties;(2) documentation of equivalent certification from another jurisdiction;(3) a fingerprint-based criminal history record using the Commission-approved system;(4) proof of residency in Texas; and(5) a copy of the individual's military identification card.(d) A military spouse appointed to fire protection duties under this section may engage in those duties only for the period in which the military service member to whom the spouse is married is stationed at a military installation in Texas, but not to exceed three years from the date the military spouse receives approval from the Commission to engage in those duties.</content><note type="source"><p>Source Note: The provisions of this §421.11 adopted to be effective May 23, 1999, 24 TexReg 3861; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective May 18, 2010, 35 TexReg 3847; amended to be effective December 2, 2019, 44 TexReg 7413; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.13"><num value="421.13">§421.13</num><heading>Individual Certificate Holders</heading><content>(a) Employment is not mandatory for certification. An individual may hold or renew any certificate issued by the Commission for which they maintain their qualifications.(b) An individual certificate holder must notify the Commission of a change of his or her home address within 14 calendar days of a change of address.</content><note type="source"><p>Source Note: The provisions of this §421.13 adopted to be effective March 2, 2000, 25 TexReg 1721; amended to be effective March 8, 2001, 26 TexReg 2043; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.15"><num value="421.15">§421.15</num><heading>Extension of Training Period</heading><content>A fire department may apply to the Commission for an extension of the one-year training period, identified in §419.032(c) of the Government Code, for a time period not exceeding two years from the date of original appointment as follows:(1) the request for extension shall be placed on the Fire Fighter Advisory Committee's (FFAC's) agenda to be heard at its next regular or special-called meeting after submission of the request;(2) after review by the FFAC, the application along with the FFAC's recommendations will be sent to the Commission to be heard at its next regular meeting. If the request for extension is approved by the Commission, the extension shall become effective immediately; and(3) the one-year extension of training time, if granted, shall run from the date of forfeiture and removal or, at the latest, from one year after the original date training began, whichever occurs first.</content><note type="source"><p>Source Note: The provisions of this §421.15 adopted to be effective July 29, 2002, 27 TexReg 6722; amended to be effective November 15, 2003, 28 TexReg 9883; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c421/sc/s421.17"><num value="421.17">§421.17</num><heading>Requirement to Maintain Certification</heading><content>(a) All full-time or part-time employees of a fire department or local government assigned duties identified as fire protection personnel duties must maintain certification by the Commission in the discipline(s) to which they are assigned for the duration of their assignment.(b) In order to maintain the certification required by this section, the certificate(s) of the employees must be renewed annually by complying with §437.5 of this title (relating to Renewal Fees) and Chapter 441 of this title (relating to Continuing Education) of the Commission standards manual.(c) Except for subsection (d) of this section, or upon determination by the Executive Director when special circumstances are presented, an individual whose certificate has been expired for greater than one year but no longer than five years, may renew their certification once they comply with the CE requirements for the period of time their certification was inactive, as outlines in 37 TAC, Chapter 441, Continuing Education, and they pay all applicable certification renewal fees for the period of time that their certification was inactive, as required in 37 TAC, Chapter 437, Fees. Individuals whose certification has been expired longer than five years, may not renew the certificate previously held. To obtain a new certification, an individual must meet the requirements in Chapter 439 of this title (relating to Examinations for Certification).(d) A military service member whose certificate has been expired for three years or longer may not renew the certificate previously held. To obtain a new certification, the person must meet the requirements in Chapter 439 of this title. In order to qualify for this provision, the individual must have been a military service member at the time the certificate expired and continued in that status for the duration of the three years.(e) The Commission will provide proof of current certification to individuals whose certification has been renewed.</content><note type="source"><p>Source Note: The provisions of this §421.17 adopted to be effective March 5, 2002, 27 TexReg 1533; amended to be effective November 20, 2002, 27 TexReg 10747; amended to be effective August 10, 2009, 34 TexReg 5411; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective February 10, 2016, 41 TexReg 980; amended to be effective February 24, 2021, 46 TexReg 1250; amended to be effective August 11, 2021, 46 TexReg 4856; amended to be effective June 15, 2023, 48 TexReg 2968; amended to be effective January 28, 2024, 49 TexReg 282; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c423"><num value="423">CHAPTER 423</num><heading>FIRE SUPPRESSION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c423/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR STRUCTURE FIRE PROTECTION PERSONNEL CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.1"><num value="423.1">§423.1</num><heading>Minimum Standards for Structure Fire Protection Personnel</heading><content>(a) Fire protection personnel who are appointed to structure fire protection duties must be certified by the commission within one year from the date of their appointment.(b) Prior to being appointed to structure fire protection duties, personnel must:(1) complete a commission approved basic structure fire protection program; and(2) successfully pass the commission examination as required by §423.3 of this title (relating to Minimum Standards for Basic Structure Fire Protection Personnel Certification); and(3) successfully complete a commission recognized emergency medical training program. The commission recognizes the following emergency medical training:(A) Department of State Health Services Emergency Medical Service Personnel certification training;(B) an American Red Cross Emergency Response course, including the optional lessons and enrichment sections;(C) an American Safety and Health Institute First Responder course;(D) National Registry of Emergency Medical Technicians certification; or(E) medical training deemed equivalent by the commission.(c) Personnel holding any level of structure fire protection personnel certification must comply with the continuing education requirements specified in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §423.1 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective November 15, 2003, 28 TexReg 9884; amended to be effective May 6, 2004, 29 TexReg 4232; amended to be effective March 27, 2006, 31 TexReg 2695; amended to be effective December 3, 2006, 31 TexReg 9618; amended to be effective February 17, 2010, 35 TexReg 1288; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.3"><num value="423.3">§423.3</num><heading>Minimum Standards for Basic Structure Fire Protection Personnel Certification</heading><content>In order to be certified as Basic Structure Fire Protection Personnel, an individual must:(1) possess valid documentation from the International Fire Service Accreditation Congress or the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2008 or later edition of the NFPA standard applicable to this discipline and meeting the requirements specified in §439.1 of this title (relating to Requirements--General) as:(A) Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness Level Personnel; and(B) Hazardous Materials Operations Level Responders including the Mission-Specific Competencies for Personal Protective Equipment and Product Control under the current edition; or(C) NFPA 472 Hazardous Materials Operations prior to the 2008 edition; and(D) meet the medical requirements outlined in §423.1 of this title (relating to Minimum Standards for Structure Fire Protection Personnel); or(2) complete a commission-approved basic structure fire protection program, meet the medical requirements outlined in §423.1 of this title (relating to Minimum Standards for Structure Fire Protection Personnel), and successfully pass the commission examination(s) as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved basic structure fire suppression program shall consist of one or any combination of the following:(A) completion of a commission-approved Basic Fire Suppression Curriculum, as specified in the commission's Certification Curriculum Manual; or(B) completion of an out-of-state, and/or military training program deemed equivalent to the commission-approved Basic Fire Suppression Curriculum; or(C) documentation of the receipt of a Fire Fighter II certificate, an advanced certificate, or confirmation of training from the State Firefighters' and Fire Marshals' Association of Texas that is deemed equivalent to a commission-approved Basic Fire Suppression Curriculum.</content><note type="source"><p>Source Note: The provisions of this §423.3 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective January 1, 2000, 24 TexReg 6096; amended to be effective September 3, 2000, 25 TexReg 8740; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective September 2, 2003, 28 TexReg 7401; amended to be effective February 17, 2004, 29 TexReg 1413; amended to be effective November 8, 2005, 30 TexReg 7234; amended to be effective November 28, 2007, 32 TexReg 8525; amended to be effective May 18, 2010, 35 TexReg3847; amended to be effective June 28, 2011, 36 TexReg 3936; amended to be effective November 11, 2013, 38 TexReg 7978; amended to be effective March 2, 2014, 39 TexReg 1166; amended to be effective November 20, 2017, 42 TexReg 6519; amended to be effective December 7, 2022, 47 TexReg 8046.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.5"><num value="423.5">§423.5</num><heading>Minimum Standards for Intermediate Structure Fire Protection Personnel Certification</heading><content>(a) Applicants for Intermediate Structure Fire Protection Personnel certification must complete the following requirements:(1) hold, as a prerequisite, a Basic Structure Fire Protection Personnel certification as defined in §423.3 of this title (relating to Minimum Standards for Basic Structure Fire Protection Personnel Certification); and(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1, with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Structure Fire Protection Personnel certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §423.5 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective July 29, 2002, 27 TexReg 6723; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective November 28, 2007, 32 TexReg 8525; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.7"><num value="423.7">§423.7</num><heading>Minimum Standards for Advanced Structure Fire Protection Personnel Certification</heading><content>(a) Applicants for Advanced Structure Fire Protection Personnel certification must complete the following requirements:(1) hold as a prerequisite an Intermediate Structure Fire Protection Personnel certification as defined in §423.5 of this title (relating to Minimum Standards for Intermediate Structure Fire Protection Personnel Certification); and(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Structure Fire Protection Personnel certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §423.7 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective July 29, 2002, 27 TexReg 6723; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.9"><num value="423.9">§423.9</num><heading>Minimum Standards for Master Structure Fire Protection Personnel Certification</heading><content>(a) Applicants for Master Structure Fire Protection Personnel certification must complete the following requirements:(1) hold as a prerequisite an Advanced Structure Fire Protection Personnel certification as defined in §423.7 of this title (relating to Minimum Standards for Advanced Structure Fire Protection Personnel Certification); and(2) acquire a minimum of twelve years of fire protection experience, and 60 college semester hours or an associate degree, which includes at least 18 college semester hours in fire science subjects.(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Structure Fire Protection Personnel Certification.</content><note type="source"><p>Source Note: The provisions of this §423.9 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.11"><num value="423.11">§423.11</num><heading>Higher Levels of Certification</heading><content>(a) An individual may receive higher levels of certification in structure fire protection while being assigned to another discipline, provided all requirements for the higher level or levels of certification are met.(b) Repetitive training cannot be used toward higher levels of certification.</content><note type="source"><p>Source Note: The provisions of this §423.11 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective May 23, 1999, 24 TexReg 3862; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scA/s423.13"><num value="423.13">§423.13</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>(a) Individuals completing a commission-approved basic structure fire protection program, meeting any other NFPA requirement, and passing the applicable commission examination(s) may be granted IFSAC seal(s) for Hazardous Materials Awareness Level Personnel, Hazardous Materials Operations Level Responders (including the Mission-Specific Competencies for Personal Protective Equipment and Product Control), Fire Fighter I, and/or Fire Fighter II by making application to the commission for the IFSAC seal(s) and paying applicable fees, provided they meet the following provisions:(1) To receive the IFSAC Hazardous Materials Awareness Level Personnel seal, the individual must:(A) complete the Hazardous Materials Awareness section of a commission-approved course; and(B) pass the Hazardous Materials Awareness section of a commission examination.(2) To receive the IFSAC Hazardous Materials Operations Level Responders seal (including the Mission-Specific Competencies for Personal Protective Equipment and Product Control) the individual must:(A) complete the Hazardous Materials Operation section of a commission-approved course; and(B) document possession of an IFSAC Hazardous Materials Awareness Level Personnel seal; and(C) pass the Hazardous Materials Operations section of a commission examination.(3) To receive the IFSAC Fire Fighter I seal, the individual must:(A) complete a commission-approved Fire Fighter I course; and(B) provide medical documentation as outlined in subsection (b) of this section; and(C) document possession of an IFSAC Hazardous Materials Awareness Level Personnel seal; and(D) document possession of an IFSAC Hazardous Materials Operations Level Responders seal; and(E) pass the Fire Fighter I section of a commission examination.(4) To receive the IFSAC Fire Fighter II seal, the individual must:(A) complete a commission-approved Fire Fighter II course; and(B) document possession of an IFSAC Fire Fighter I seal; and(C) pass the Fire Fighter II section of a commission examination.(b) In order to qualify for a Fire Fighter I seal, the individual must document successful completion of an emergency medical training course or program that includes those subject areas required by NFPA 1001.(c) In order to qualify for an IFSAC seal an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §423.13 adopted to be effective November 1, 1998, 23 TexReg 10888; amended to be effective March 2, 2000, 25 TexReg 1722; amended to be effective March 8, 2001, 26 TexReg 2043; amended to be effective March 5, 2002, 27 TexReg 1533; amended to be effective March 10, 2003, 28 TexReg 2122; amended to be effective May 6, 2004, 29 TexReg 4232; amended to be effective March 2, 2005, 30 TexReg 1085; amended to be effective March 27, 2006, 31 TexReg 2695; amended to be effective December 3, 2006, 31 TexReg 9618; amended to be effectiveFebruary 17, 2008, 33 TexReg 1132; amended to be effective May 18, 2010, 35 TexReg 3847; amended to be effective August 26, 2015, 40 TexReg 5342; amended to be effective November 23, 2016, 41 TexReg 9159; amended to be effective November 20, 2017, 42 TexReg 6519; amended to be effective December 7, 2022, 47 TexReg 8046.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c423/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR AIRCRAFT RESCUE FIRE FIGHTING PERSONNEL</heading><section identifier="/us/state/tx/tac/t37/p13/c423/scB/s423.201"><num value="423.201">§423.201</num><heading>Minimum Standards for Aircraft Rescue Fire Fighting Personnel</heading><content>(a) Aircraft rescue fire fighting personnel are employees of a local governmental entity who are appointed to aircraft rescue fire fighting duties. These duties may include fighting aircraft fires at airports, standing by for potential crash landings, and performing aircraft rescue and fire fighting duties.(b) Personnel appointed to aircraft rescue fire fighting duties must be certified by the commission within one year from the date of their appointment.(c) Prior to being appointed to aircraft rescue fire fighting duties, all personnel must:(1) successfully complete a commission approved basic structure fire protection program and pass the commission's examination; and(2) successfully complete a commission approved basic aircraft rescue fire fighting program and pass the commission's examination.(d) "Stand by" means the act of responding to a designated position in the movement area on the airfield at which initial response fire and rescue units will await the arrival of an aircraft experiencing an announced emergency.(e) "Movement area" is comprised of all runways, taxiways, and other areas of the airport which are used for taxiing or hover taxiing, take-off, and landing of aircraft, exclusive of loading ramps and aircraft parking areas.(f) Personnel holding any level of aircraft rescue fire fighting personnel certification shall be required to comply with the continuing education specified in Chapter 441 of this title (relating to Continuing Education).(g) Aircraft rescue fire fighting personnel that perform structure fire protection duties must be certified, as a minimum, as basic structure fire protection personnel.</content><note type="source"><p>Source Note: The provisions of this §423.201 adopted to be effective November 1, 1998, 23 TexReg 10889; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective June 28, 2011, 36 TexReg 3937; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scB/s423.203"><num value="423.203">§423.203</num><heading>Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification</heading><content>In order to be certified as Basic Aircraft Rescue Fire Fighting Personnel, an individual must:(1) hold a Basic Structure Fire Protection Personnel certification; and(2) possess valid documentation as an Airport Fire Fighter from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2010 or later edition of the NFPA standard applicable to this discipline and meeting the requirements specified in §439.1 of this title (relating to Requirements-General); or(3) complete a commission approved aircraft rescue fire fighting program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved aircraft rescue fire fighting program shall consist of one of the following:(A) a commission approved Basic Aircraft Rescue Fire Suppression Curriculum as specified in the commission's Certification Curriculum Manual; or(B) an out-of-state, and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceeds the commission approved Basic Aircraft Rescue Fire Suppression Curriculum.</content><note type="source"><p>Source Note: The provisions of this §423.203 adopted to be effective November 1, 1998, 23 TexReg 10889; amended to be effective March 1, 1999, 24 TexReg 790; amended to be effective March 2, 2000, 25 TexReg 1722; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective March 10, 2003, 28 TexReg 2122; amended to be effective September 2, 2003, 28 TexReg 7401; amended to be effective May 26, 2005, 30 TexReg 3032; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective June 10, 2008, 33 TexReg 4528;amendedto be effective March 2, 2014, 39 TexReg 1166; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scB/s423.205"><num value="423.205">§423.205</num><heading>Minimum Standards for Intermediate Aircraft Rescue Fire Fighting Personnel Certification</heading><content>(a) Applicants for Intermediate Aircraft Rescue Fire Fighting Personnel certification must complete the following requirements:(1) hold as a prerequisite a Basic Aircraft Rescue Fire Fighting Personnel certification as defined in §423.203 of this title (relating to Minimum Standards for Basic Aircraft Rescue Fire Fighting Personnel Certification); and(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Aircraft Rescue Fire Fighting certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §423.205 adopted to be effective November 1, 1998, 23 TexReg 10889; amended to be effective July 29, 2002, 27 TexReg 6723; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scB/s423.207"><num value="423.207">§423.207</num><heading>Minimum Standards for Advanced Aircraft Rescue Fire Fighting Personnel Certification</heading><content>(a) Applicants for Advanced Aircraft Rescue Fire Fighting Personnel certification must complete the following requirements:(1) hold as a prerequisite an Intermediate Aircraft Rescue Fire Fighting Personnel certification as defined in §423.205 of this title (relating to Minimum Standards for Intermediate Aircraft Rescue Fire Fighting Personnel Certification); and(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Aircraft Rescue Fire Fighting Personnel certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §423.207 adopted to be effective November 1, 1998, 23 TexReg 10889; amended to be effective July 29, 2002, 27 TexReg 6723; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scB/s423.209"><num value="423.209">§423.209</num><heading>Minimum Standards for Master Aircraft Rescue Fire Fighting Personnel Certification</heading><content>(a) Applicants for Master Aircraft Rescue Fire Fighting Personnel certification must complete the following requirements:(1) hold, as a prerequisite, an Advanced Aircraft Rescue Fire Fighting Personnel certification as defined in §423.207 of this title (relating to Minimum Standards for Advanced Aircraft Rescue Fire Fighting Personnel Certification); and(2) acquire a minimum of twelve years of fire protection experience, and 60 college semester hours or an associate's degree, which includes at least 18 college semester hours in fire science subjects.(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Aircraft Rescue Fire Fighting Personnel Certification.</content><note type="source"><p>Source Note: The provisions of this §423.209 adopted to be effective November 1, 1998, 23 TexReg 10889; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scB/s423.211"><num value="423.211">§423.211</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved basic aircraft rescue fire fighting program, documenting an IFSAC seal for Fire Fighter II, and passing the applicable commission examination may be granted an IFSAC seal as an Airport Fire Fighter by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §423.211 adopted to be effective March 2, 2000, 25 TexReg 1722; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective March 10, 2003, 28 TexReg 2122; amended to be effective March 2, 2005, 30 TexReg 1085; amended to be effective August 26, 2015, 40 TexReg 5342; amended to be effective November 23, 2016, 41 TexReg 9159; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c423/scC"><num value="C">SUBCHAPTER C</num><heading>MINIMUM STANDARDS FOR MARINE FIRE PROTECTION PERSONNEL</heading><section identifier="/us/state/tx/tac/t37/p13/c423/scC/s423.301"><num value="423.301">§423.301</num><heading>Minimum Standards for Marine Fire Protection Personnel</heading><content>(a) Marine fire protection personnel are employees of a local governmental entity who work aboard a fire boat with a minimum pumping capacity of 2,000 gallons per minute, and fight fires that occur on or adjacent to a waterway, waterfront, channel, or turning basin.(b) Fire protection personnel appointed to marine fire protection duties must be certified by the commission within one year from the date of their appointment.(c) Prior to being appointed to marine fire protection duties, all personnel must:(1) successfully complete a commission approved basic structure fire protection program and pass the commission's examination; and(2) successfully complete a commission approved basic marine fire protection program and pass the commission's examination.(d) Personnel holding any level of Marine Fire Protection Personnel certification shall be required to comply with the continuing education specified in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §423.301 adopted to be effective November 1, 1998, 23 TexReg 10890; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scC/s423.303"><num value="423.303">§423.303</num><heading>Minimum Standards for Basic Marine Fire Protection Personnel Certification</heading><content>In order to be certified as Basic Marine Fire Protection Personnel an individual must:(1) hold a Basic Structure Fire Protection Personnel certification; and(2) complete a commission approved marine fire protection program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved marine fire protection program shall consist of one of the following:(A) the commission approved Basic Marine Fire Protection Curriculum as specified in Chapter 3 of the commission's Certification Curriculum Manual; or(B) An out-of-state, and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Basic Marine Fire Protection Curriculum.</content><note type="source"><p>Source Note: The provisions of this §423.303 adopted to be effective November 1, 1998, 23 TexReg 10890; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective May 26, 2005, 30 TexReg 3032; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective June 10, 2008, 33 TexReg 4528; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scC/s423.305"><num value="423.305">§423.305</num><heading>Minimum Standards for Intermediate Marine Fire Protection Personnel Certification</heading><content>(a) Applicants for Intermediate Marine Fire Protection Personnel certification must complete the following requirements:(1) hold, as a prerequisite, a Basic Marine Fire Protection Personnel certification as defined in §423.303 of this title (relating to Minimum Standards for Basic Marine Fire Protection Personnel Certification); and(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in fire service, may not be counted towards this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Marine Fire Protection Personnel certification. Repeating a course, or a course of similar content, cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §423.305 adopted to be effective November 1, 1998, 23 TexReg 10890; amended to be effective July 29, 2002, 27 TexReg 6723; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scC/s423.307"><num value="423.307">§423.307</num><heading>Minimum Standards for Advanced Marine Fire Protection Personnel Certification</heading><content>(a) Applicants for Advanced Marine Fire Protection Personnel certification must complete the following requirements:(1) hold as a prerequisite an Intermediate Marine Fire Protection Personnel certification as defined in §423.305 of this title (relating to Minimum Standards for Intermediate Marine Fire Protection Personnel Certification); and(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted towards this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Marine Fire Protection Personnel certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §423.307 adopted to be effective November 1, 1998, 23 TexReg 10890; amended to be effective July 29, 2002, 27 TexReg 6723; amended to be effective December 16, 2002, 27 TexReg 11795; amended to be effective August 5, 2004, 29 TexReg 7452; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c423/scC/s423.309"><num value="423.309">§423.309</num><heading>Minimum Standards for Master Marine Fire Protection Personnel Certification</heading><content>(a) Applicants for Master Marine Fire Protection Personnel certification must complete the following requirements:(1) hold, as a prerequisite, an Advanced Marine Fire Protection Personnel certification as defined in §423.307 of this title (relating to Minimum Standards for Advanced Marine Fire Protection Personnel Certification); and(2) acquire a minimum of twelve years of fire protection experience, 60 college semester hours or an associate's degree, which includes at least 18 college semester hours in fire science subjects.(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Marine Fire Protection Personnel Certification.</content><note type="source"><p>Source Note: The provisions of this §423.309 adopted to be effective November 1, 1998, 23 TexReg 10890; amended to be effective November 28, 2007, 32 TexReg 8526; amended to be effective November 20, 2017, 42 TexReg 6519.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c425"><num value="425">CHAPTER 425</num><heading>FIRE SERVICE INSTRUCTORS</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c425/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c425/sc/s425.1"><num value="425.1">§425.1</num><heading>Minimum Standards for Fire Service Instructor Certification</heading><content>(a) Training programs that are intended to satisfy the requirements for fire service instructor certification must meet the curriculum and competencies based upon NFPA 1041, Standard for Fire and Emergency Services Instructor Professional Qualifications, or its successor. All applicants for certification must meet the examination requirements of this section.(b) Prior to being appointed to fire service instructor duties, all personnel must complete a Commission-approved fire service instructor program and successfully pass the Commission examination pertaining to that curriculum.(c) Personnel who receive probationary or temporary appointment to fire service instructor duties must be certified by the Commission within one year from the date of appointment to such position.(d) An out-of-state, military, or federal instructor training program may be accepted by the Commission as meeting the training requirements for certification as a fire service instructor if the training has been submitted to the Commission for evaluation and found to be equivalent to or to exceed the Commission-approved instructor course for that particular level of fire service instructor certification.(e) An individual who holds a bachelor's degree or higher in education from a regionally accredited educational institution or a teaching certificate issued by the State Board for Educator Certification or an associate degree with twelve semester hours of education instructional courses is considered to have training equivalent to the Commission's curriculum requirements for Instructor I, II and III training.(f) Personnel holding any level of fire service instructor certification must comply with the continuing education requirements specified in §441.21 of this title (relating to Continuing Education for Fire Service Instructor).</content><note type="source"><p>Source Note: The provisions of this §425.1 adopted to be effective March 1, 2006, 30 TexReg 7234; amended to be effective December 3, 2006, 31 TexReg 9618; amended to be effective May 9, 2007, 32 TexReg 2475; amended to be effective May 18, 2010, 35 TexReg 3848; amended to be effective February 21, 2012, 37 TexReg 911; amended to be effective June 12, 2013, 38 TexReg 3652; amended to be effective December 8, 2022, 47 TexReg 8047; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c425/sc/s425.3"><num value="425.3">§425.3</num><heading>Minimum Standards for Fire Service Instructor I Certification</heading><content>In order to be certified as a Fire Service Instructor I an individual must:(1) have a minimum of three years of experience as defined in §421.5 of this title (relating to Definitions) in fire protection in one or more or any combination of the following:(A) a paid, volunteer, or regulated non-governmental fire department; or(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and(2) possess valid documentation as a Fire Instructor I, II or III from either:(A) the International Fire Service Accreditation Congress (IFSAC); or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2007 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements--General); or(3) have completed the appropriate curriculum for Fire Service Instructor I contained in Chapter 8 of the Commission's Certification Curriculum Manual, or meet the equivalence as specified in §425.1 of this title (relating to Minimum Standards for Fire Service Instructor Certification); and(4) successfully pass the applicable Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification).</content><note type="source"><p>Source Note: The provisions of this §425.3 adopted to be effective March 1, 2006, 30 TexReg 7234; amended to be effective May 9, 2007, 32 TexReg 2475; amended to be effective November 11, 2008, 33 TexReg 9083; amended to be effective May 18, 2010, 35 TexReg 3848; amended to be effective June 12, 2013, 38 TexReg 3652; amended to be effective March 2, 2014, 39 TexReg 1167; amended to be effective September 1, 2014, 39 TexReg 6875; amended to be effective August 23, 2017, 42 TexReg 4140; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c425/sc/s425.5"><num value="425.5">§425.5</num><heading>Minimum Standards for Fire Service Instructor II Certification</heading><content>In order to be certified as a Fire Service Instructor II, an individual must:(1) hold as a prerequisite a Fire Instructor I certification as defined in §425.3 of this title (relating to Minimum Standards for Fire Service Instructor I Certification); and(2) have a minimum of three years of experience as defined in §421.5 of this title (relating to Definitions) in fire protection in one or more or any combination of the following:(A) a paid, volunteer, or regulated non-governmental fire department; or(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and(3) possess valid documentation as a Fire Instructor I, II or III from either:(A) the International Fire Service Accreditation Congress (IFSAC); or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2007 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements--General); or(4) have completed the appropriate curriculum for Fire Service Instructor II contained in Chapter 8 of the Commission's Certification Curriculum Manual, or meet the equivalence as specified in §425.1 of this title (relating to Minimum Standards for Fire Service Instructor Certification); and(5) successfully pass the applicable Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification).</content><note type="source"><p>Source Note: The provisions of this §425.5 adopted to be effective March 1, 2006, 30 TexReg 7234; amended to be effective May 9, 2007, 32 TexReg 2475; amended to be effective November 11, 2008, 33 TexReg 9083; amended to be effective May 18, 2010, 35 TexReg 3848; amended to be effective June 12, 2013, 38 TexReg 3652; amended to be effective March 2, 2014, 39 TexReg 1167; amended to be effective September 1, 2014, 39 TexReg 6875; amended to be effective August 23, 2017, 42 TexReg 4140; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c425/sc/s425.7"><num value="425.7">§425.7</num><heading>Minimum Standards for Fire Service Instructor III Certification</heading><content>In order to be certified as a Fire Service Instructor III an individual must:(1) hold as a prerequisite, a Fire Instructor II Certification as defined in §425.5 of this title (relating to Minimum Standards for Fire Service Instructor II Certification); and(2) have a minimum of three years of experience as defined in §421.5 of this title (relating to Definitions) in fire protection in one or more or any combination of the following:(A) a paid, volunteer, or regulated non-governmental fire department; or(B) a department of a state agency, education institution or political subdivision providing fire protection training and related responsibilities; and(3) possess valid documentation of accreditation from the International Fire Service Accreditation Congress (IFSAC) as a Fire Instructor III; or(4) have completed the appropriate curriculum for Fire Service Instructor III contained in Chapter 8 of the Commission's Certification Curriculum Manual, or meet the equivalence as specified in §425.1 of this title (relating to Minimum Standards for Fire Service Instructor Certification); and(5) successfully pass the applicable Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification); and either(A) hold as a prerequisite an advanced structural fire protection personnel certification, an advanced aircraft fire protection personnel certification, advanced marine fire protection personnel certification, advanced inspector certification, advanced fire investigator, or advanced arson investigator certification; or(B) have 60 college hours from a regionally accredited educational institution; or(C) hold an associate's degree from a regionally accredited educational institution.</content><note type="source"><p>Source Note: The provisions of this §425.7 adopted to be effective March 1, 2006, 30 TexReg 7234; amended to be effective May 9, 2007, 32 TexReg 2475; amended to be effective November 28, 2007, 32 TexReg 8527; amended to be effective November 11, 2008, 33 TexReg 9083; amended to be effective May 18, 2010, 35 TexReg 3848; amended to be effective June 12, 2013, 38 TexReg 3652; amended to be effective March 2, 2014, 39 TexReg 1167; amended to be effective September 1, 2014, 39 TexReg 6875; amended to be effective August 23, 2017, 42 TexReg 4140; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c425/sc/s425.9"><num value="425.9">§425.9</num><heading>Minimum Standards for Master Fire Service Instructor III Certification.</heading><content>In order to be certified as a Master Fire Service Instructor III the individual must:(1) hold as a prerequisite a Fire Service Instructor III certification; and(2) be a member of a paid, volunteer, or regulated non-governmental fire department; or a department of a state agency, education institution, or political subdivision providing fire protection training and related responsibilities; and(3) hold as a prerequisite a master structural fire protection personnel certification, a master aircraft rescue fire fighting personnel certification, master marine fire protection personnel certification, master inspector certification, master fire investigator certification, or master arson investigator certification; or(4) hold a bachelor's degree or higher in education from a regionally accredited educational institution or a teaching certificate issued by the Texas State Board of Education.</content><note type="source"><p>Source Note: The provisions of this §425.9 adopted to be effective March 1, 2006, 30 TexReg 7234; amended to be effective August 23, 2017, 42 TexReg 4140; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c425/sc/s425.11"><num value="425.11">§425.11</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>(a) Individuals completing a Commission-approved Fire Service Instructor I training program and passing the applicable state examination may be granted an IFSAC seal for Instructor I by making application to the Commission and paying the applicable fee.(b) Individuals holding an IFSAC Instructor I seal, completing a Commission-approved Fire Service Instructor II training program, and passing the applicable state examination may be granted an IFSAC seal for Instructor II by making application to the Commission and paying the applicable fee.(c) Individuals holding an IFSAC Instructor II seal, completing a Commission-approved Fire Service Instructor III training program, and passing the applicable state examination may be granted an IFSAC seal for Instructor III by making application to the Commission and paying the applicable fee.(d) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §425.11 adopted to be effective March 1, 2006, 30 TexReg 7234; amended to be effective November 28, 2007, 32 TexReg 8527; amended to be effective November 11, 2008, 33 TexReg 9084; amended to be effective June 12, 2013, 38 TexReg 3652; amended to be effective September 1, 2014, 39 TexReg 6875; amended to be effective August 26, 2015, 40 TexReg 5342; amended to be effective November 23, 2016, 41 TexReg 9160; amended to be effective November 6, 2025, 50 TexReg 7114.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c427"><num value="427">CHAPTER 427</num><heading>TRAINING FACILITY CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c427/scA"><num value="A">SUBCHAPTER A</num><heading>ON-SITE CERTIFIED TRAINING PROVIDER</heading><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.1"><num value="427.1">§427.1</num><heading>Minimum Standards for Certified Training Facilities for Fire Protection Personnel</heading><content>(a) An on-site training facility must be certified by the commission in each discipline for which the facility provides training for fire protection personnel certification. An on-site training facility is where instructors and students are in immediate proximity and where content is instructed primarily in classrooms, at demonstration projects, in fire simulation structures, on fire apparatus, or at training sites in the field under direct supervision of the training facility instructors.(b) A certified on-site training facility may be approved to instruct in any one or all of the disciplines for which fire protection personnel certification is available.(c) Minimum requirements for certification as a certified on-site training facility shall include facilities, apparatus, equipment, reference materials, standard operating procedures, instructors, and records to support a quality education and training program. The resources must provide for classroom instruction, demonstrations, and practical exercises for the trainees to develop the knowledge and skills required for fire protection personnel certification.(d) The on-site facilities and training shall be performance oriented, when required. Practical performance training with maximum participation by trainees shall be an integral part of the training program. The evaluation process will emphasize performance testing to determine if the trainee has acquired the knowledge and skills to achieve the required level of competency required by the respective training program.(e) It must be clearly understood that the minimum standard for training facilities is applicable only as the title implies and does not address the additional training facility resources which are required for the continuing in-service training essential to the development and maintenance of a well-coordinated and effective fire service organization.(f) An organization must submit an application for certification as an on-site training facility to the commission. The application will include descriptions, addresses of physical facilities and an inventory of apparatus, equipment, and reference material to be utilized in conducting the training. It is not required that the equipment be owned by, permanently assigned to, nor kept at a training facility, but must be readily available for instructional purposes. In such a case, the training facility must submit a letter of commitment from the provider of the resources with the original training facility certification application authorizing the use of resources not controlled by the training facility. A copy of the letters of commitment must be maintained on-site and available for review. Photographs of resources annotated to reflect their identity may be required as part of the application. When submitting training approvals, the facility shall certify that the resources are provided in accordance with this chapter.(g) The chief training officer will:(1) attest to the fact that the training meets the competencies in the applicable commission curriculum and/or NFPA Standards; and(2) submit a testing schedule for all required academy skills.</content><note type="source"><p>Source Note: The provisions of this §427.1 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective January 1, 2000, 24 TexReg 6097; amended to be effective March 8, 2001, 26 TexReg 2044; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective March 27, 2006, 31 TexReg 2696; amended to be effective February 17, 2008, 33 TexReg 1132; amended to be effective August 31, 2011, 36 TexReg 5382; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effectiveMay 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.3"><num value="427.3">§427.3</num><heading>Facilities</heading><content>The following minimum resources, applicable to the discipline, are required for an on-site training facility. These resources may be combined or separated utilizing one or more structures.(1) A training tower equivalent to two or more stories in height. The term "training tower" as used in these standards is a structure suitable for training in the practical application of required ladder, rescue, hose and rope skills training.(2) A facility for classroom instruction and testing shall have seating capacity for anticipated trainees. The facility must be conducive for an effective learning environment including environmental comfort for instructors and students, physical requirements needed for good seeing and hearing, adequate lighting, and free of outside distractions.(3) An area for practical application of principles and procedures of fire fighting, hose loading, pumper operation, to include friction loss, nozzle reaction, fire stream patterns, and GPM discharge utilizing various layouts for hand lines and/or master stream appliances.(4) An enclosed area or room for use in practical training with self-contained breathing apparatus. This may be a smoke and fire room or enclosed area which can be charged with smoke-producing devices to provide a realistic training environment.(5) A structure suitable for interior live fire training as required by the particular discipline(s).(6) Facilities to conduct exterior live fire training as required by the particular discipline(s).(7) If performance or driving skills are part of the training program, suitable area(s) for practicing required skills, demonstration of skills, and performance testing.</content><note type="source"><p>Source Note: The provisions of this §427.3 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective January 1, 2000, 24 TexReg 6097; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective November 15, 2003, 28 TexReg 9884; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.5"><num value="427.5">§427.5</num><heading>Apparatus</heading><content>The following minimum apparatus resources, applicable to the discipline, are required for an on-site training facility.(1) For a certified on-site training facility--approved for basic structure fire protection personnel certification training:(A) A pumper apparatus fully equipped for functions as required by the basic fire suppression curriculum.(B) An aerial ladder truck for functions as required by the basic fire suppression curriculum.(2) For a certified on-site training facility--approved for basic aircraft rescue fire fighting (ARFF) personnel certification training:(A) an ARFF vehicle for assigned aircraft type and size,(B) an ARFF vehicle with 260 gpm minimum turret; and(C) Support vehicles per authority having jurisdiction.(3) For a certified on-site training facility--approved for Driver/Operator certification training:(A) Driver/Operator-Pumper--A fire apparatus with a permanently mounted fire pump that has a rated discharge capacity of 750 gpm (2850 L/min) or greater as defined in NFPA 1901, Standard for Automotive Fire Apparatus or its successor.(B) Driver/Operator-Aerial--A fire apparatus with a permanently mounted, power-operated elevating device such as a ladder, ladder platform, telescoping platform, or articulating platform, with an elevating water delivery system.</content><note type="source"><p>Source Note: The provisions of this §427.5 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective January 1, 2000, 24 TexReg 6097; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.7"><num value="427.7">§427.7</num><heading>Protective Clothing, Use, Care and Maintenance</heading><content>All protective clothing used during instruction for a commission approved fire protection personnel training program shall be appropriate for the training evolution. Protective clothing and elements no longer used for emergency operations may be used for non-live fire training provided such clothing and elements are not contaminated, defective, or damaged and are appropriately marked to be easily recognized.(1) All protective clothing used for live fire training, shall comply with the minimum standards of the National Fire Protection Association (NFPA) Standard or its successor suitable for the tasks the individual is expected to perform.(A) A certified training facility that provides personal protective equipment (PPE) shall comply with NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protection Ensembles or its successor and provide upon request a written Standard Operating Procedure (SOP) on the use, maintenance, and care of personal protective equipment (PPE)to include the application of Preliminary Exposure Reduction for determination of the appropriate level of cleaning and inspection of PPE at the conclusion of a training evolution.(B) A certified training facility shall verify NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protection Ensembles or its successor for compliance with personal protective equipment provided by the participant.(2) The training facility shall comply with the following guidelines for use, care and maintenance of PPE used during live-fire training depending on the type of burn facility and/or fuel used.(A) Acquired Structures--Firefighting ensemble and/or element that has been used in an environment created by an acquired structure should be treated as stated in §435.1(a)(3) of this title (relating to Protective Clothing).(B) Gas-Fired Training Center Buildings--Firefighting ensemble and/or element that has been used in an environment that uses gas-fired props may be cleaned as needed for soil levels that are hygienically unpleasant. Advanced cleaning and inspections should be completed as stated within the training facility's SOP.(C) Non-Gas Fired Training Center Buildings--Firefighting ensemble and/or element that has been used in an environment that uses non-gas fired props must be assessed for contamination of products of combustion. Preliminary exposure reduction should be done as soon as the training is completed for the day. Advanced cleaning and inspection should be completed as soon as practically possible.(D) Exterior Props--Firefighting ensemble and/or element that has been used in an environment that uses gas-fired props may be cleaned as needed for soil levels that are hygienically unpleasant. Advanced cleaning and inspections should be completed as stated within the training facility's SOP's.(E) Exterior Class B Liquid Fires--Firefighting ensemble and/or element that has been used in exterior Class B liquid fire props must be assessed for contamination of products of combustion. Preliminary exposure reduction should be done as soon as the training is completed for the day. Advanced cleaning and inspection should be completed as soon as practically possible.</content><note type="source"><p>Source Note: The provisions of this §427.7 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective October 11, 2000, 25 TexReg 10187; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective November 11, 2010, 35 TexReg 9923; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.9"><num value="427.9">§427.9</num><heading>Equipment</heading><content>The training facility must ensure that all equipment necessary for practice of performance skills identified in the commission's Curriculum Manual or Curriculum Skills Manual is available in sufficient quantity for use by trainees. The minimum equipment required for conducting training is identified in the Equipment List found in each discipline chapter within the Texas Commission on Fire Protection (TCFP) Curriculum Manual.(1) All Self-Contained Breathing Apparatus (SCBA) that will be used during the course of instruction for a commission approved fire protection personnel training program shall comply with §435.3 of this title (relating to Self-Contained Breathing Apparatus). This rule applies whether the SCBA is provided by the academy or the trainee. If instruction in the use of self-contained breathing apparatus is a part of the training, then self-contained breathing apparatus in sufficient numbers shall be provided to enable each trainee to wear the equipment for at least the life of one breathing air tank during the training. If a trainee will be subjected to a hazardous atmosphere or where the atmosphere is unknown, the trainee shall be provided with a self-contained breathing apparatus. (Note: All self-contained breathing apparatus used by a certified training facility and the air used in self-contained breathing apparatus must comply with §435.3 of this title (relating to Self-Contained Breathing Apparatus). This rule applies whether the self-contained breathing apparatus is provided by the academy or the trainee. All students, instructors, safety personnel, and other personnel participating in any evolution or operation of fire suppression during the live fire training shall breathe from an SCBA air supply whenever operating under one or more of the following conditions:(A) in any atmosphere that is oxygen deficient or contaminated by products of combustion, or both;(B) in any atmosphere that is suspected of being oxygen deficient or contaminated by products of combustion, or both;(C) in any atmosphere that can become oxygen deficient or contaminated, or both; and/or(D) below ground level;(2) standard classroom equipment to include appropriate instructional aids and the use of cutaways, models, flip charts, and other visual aids are recommended to enhance effectiveness of the instruction; and(3) other equipment, which may include training simulators, training aids, clothing and tools required by the applicable training program.</content><note type="source"><p>Source Note: The provisions of this §427.9 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective October 11, 2000, 25 TexReg 10187; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.11"><num value="427.11">§427.11</num><heading>Reference Material</heading><content>A reference library is required. The library must contain the publications required to conduct research and develop lesson plans covering the material required in the applicable training program. The reference library material must be readily and easily accessible to students and instructors.</content><note type="source"><p>Source Note: The provisions of this §427.11 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.13"><num value="427.13">§427.13</num><heading>Records</heading><content>(a) Training records, print or electronic, shall be maintained by the regulated training entity that reflect at minimum:(1) training subject;(2) date(s) of instruction;(3) who attended the training;(4) instructor(s);(5) course grade report with individual trainee test scores,(6) individual trainee Commission-Designated Performance Skill Evaluations; and(7) when administering distance skill evaluations, letter(s) of assurance for performance skill evaluations including the identification of the examinee, evaluating field examiner, and observer.(b) The regulated training entity must be able to substantiate the evaluation process used to determine the trainee has acquired the knowledge and skills to achieve the minimum level of competency required by the applicable commission curriculum and/or National Fire Protection Association (NFPA) standards.(c) All records must be maintained by the regulated training entity for commission review for a minimum of three years or in accordance with the requirement of the Texas State Library and Archives Commission, State and Local Records Management Division, whichever is greater.</content><note type="source"><p>Source Note: The provisions of this §427.13 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective October 11, 2000, 25 TexReg 10187; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.18"><num value="427.18">§427.18</num><heading>Live Fire Training Evolutions</heading><content>The most current edition of NFPA 1403, Standard on Live Fire Training Evolutions or its successor, shall be used as a guide when developing standard operating procedures for conducting live fire training.(1) Prior to being permitted to participate in live fire training evolutions for basic fire suppression certification training, the student shall have received training to meet the performance requirements for Fire Fighter I in NFPA 1001, Standard for Fire Fighter Professional Qualifications or its successor, related to the following subjects:(A) safety;(B) fire behavior;(C) portable extinguishers;(D) personal protective equipment to include SCBA;(E) ladders;(F) fire hose, appliances, and streams;(G) overhaul;(H) water supply;(I) ventilation;(J) forcible entry; and(K) building construction.(2) The on-site lead instructor will ensure that the water supply rate and duration for each live fire training evolution is adequate to control and extinguish the training fire. The lead instructor will also ensure that the resources necessary for backup lines to protect personnel and exposed property are available and deployed.(3) The on-site lead instructor will ensure that the buildings or props being utilized for live fire training are in a condition that would not pose an undue safety risk.(4) A safety officer shall be appointed for all live fire training evolutions. The safety officer shall have the authority, regardless of rank, to intervene and control any aspect of the operations when, in his or her judgment, a potential or actual danger, accident, or unsafe condition exists. The safety officer shall not be assigned other duties that interfere with safety responsibilities. The safety officer shall not be a student.(5) No person(s) shall play the role of a victim inside the building.(6) The participating student-to-instructor ratio shall not be greater than five to one.(7) Prior to the ignition of any fire, instructors shall ensure that all personal protective clothing and/or self-contained breathing apparatus are NFPA compliant and being worn in the proper manner.(8) Prior to conducting any live fire training, a pre-burn briefing session shall be conducted. All participants shall be required to conduct a walk-through of the structure in order to have a knowledge of, and familiarity with, the layout of the building and to be able to facilitate any necessary evacuation of the building.(9) A standard operating procedure shall be developed and utilized for live fire training evolutions. The standard operating procedure shall include, but not be limited to:(A) a Personal Alert Safety System (PASS). A PASS device shall be provided for each student and instructors participating in live fire training and shall meet the requirements in §435.9 of this title (relating to PASS devices). This applies whether the PASS device is provided by the academy or the trainee;(B) a Personnel Accountability System that complies with §435.13 of this title (relating to Personnel Accountability System);(C) an Incident Management System;(D) use of personal protective clothing and self-contained breathing apparatus;(E) an evacuation signal and procedure; and pre-burn, burn and post-burn procedures.</content><note type="source"><p>Source Note: The provisions of this §427.18 adopted to be effective May 26, 2005, 30 TexReg 3033; amended to be effective November 28, 2007, 32 TexReg 8528; amended to be effective May 18, 2010, 35 TexReg 3848; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scA/s427.19"><num value="427.19">§427.19</num><heading>General Information</heading><content>(a) All certified training facilities shall meet these minimum requirements. Training credit will not be recognized from a training facility that has not been certified by the commission, unless the program has been deemed equivalent. The commission shall take action on an application for certification of a training facility within 30 days from receipt.(b) Certified training facilities shall conduct all training in a controlled and safe manner so that trainees are not subjected to unnecessary risks. Texas Government Code, §419.032(c) provides that fire protection personnel must complete a commission approved training course in fire suppression before being assigned to fire suppression duties. Certified training facilities shall not put trainees at risk by requiring or allowing a trainee to perform the duties of fire protection personnel at actual uncontrolled emergency situations such as, but not limited to, structure fires, aircraft fires, wildland fires, hazardous materials incidents or dangerous rescue situations.(c) A certified training facility may transport trainees to the site of an actual emergency for training purposes only if the following requirements are strictly adhered to:(1) the trainees are kept in a group under the direct supervision of qualified instructors to maintain accountability and ensure their safety;(2) the trainees are kept outside of the emergency operations area; and(3) the trainees' activities are restricted to observation only and trainees are not allowed to participate in emergency operations.(d) Certified training facilities are subject to inspection by the commission at any time during regular business hours.(e) In order to retain the certification as a certified training facility, schools desiring to make substantial changes in the facility or other conditions under which the school was approved shall coordinate such plans with the commission.(f) The commission shall be notified, in writing, within 14 days of any change from the original status under which the certification was issued.(g) The commission may revoke, suspend, probate, refuse to renew, or otherwise limit the certification of a training facility when the commission determines that the training facility:(1) fails to provide the quality of training for which the facility was approved; or(2) fails to comply with commission rules and/or these minimum standards; or(3) fails to submit required reports in a timely manner or submits false reports to the commission; or(4) fails to meet at least a 70% student pass rate on the certification examination per course.</content><note type="source"><p>Source Note: The provisions of this §427.19 adopted to be effective November 1, 1998, 23 TexReg 10895; amended to be effective October 11, 2000, 25 TexReg 10187; amended to be effective January 27, 2002, 27 TexReg 481; amended to be effective July 29, 2002, 27 TexReg 6724; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective March 27, 2006, 31 TexReg 2696; amended to be effective November 28, 2007, 32 TexReg 8528; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c427/scB"><num value="B">SUBCHAPTER B</num><heading>DISTANCE TRAINING PROVIDER</heading><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.201"><num value="427.201">§427.201</num><heading>Minimum Standards for Distance Training Provider</heading><content>(a) The following definition is applicable to this subchapter only. Approved distance training is defined as fire training where instructors and students are primarily in different locations and content is instructed primarily using the internet or an intranet. Courses must be interactive. Distance training that serves as nothing more than electronic text is not acceptable. Online courses must provide the opportunity for the student to interact or ask questions via e-mail, chat rooms or some other method of communication. Other computer-mediated methods of instruction may be used to enhance instruction; however, the primary delivery method must be through the internet or an intranet.(b) A distance training provider must seek certification as a training facility in each discipline for which it intends to conduct certification training for fire protection personnel.(c) In order to become a commission approved distance training provider, the provider must submit a completed training facility application with supporting documentation and fees. The application will include descriptions and addresses of where the distance training provider will have their course delivery and materials. A distance training provider must provide documentation of its ability to meet all minimum requirements for each discipline for which it seeks certification. The documentation must also identify how students and instructors will access resources required to complete the training.(d) A distance training provider that applies for certification as a training facility in a discipline that includes skills training shall comply with Subchapter A of this chapter concerning minimum standards, facilities, apparatus, protective clothing, equipment, and live fire training utilized to teach and test the required skills.</content><note type="source"><p>Source Note: The provisions of this §427.201 adopted to be effective January 27, 2002, 27 TexReg 481; amended to be effective May 26, 2005, 30 TexReg 3033; amended to be effective March 27, 2006, 31 TexReg 2696; amended to be effective August 10, 2009, 34 TexReg 5411; amended to be effective August 31, 2011, 36 TexReg 5383; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.203"><num value="427.203">§427.203</num><heading>Facilities</heading><content>The following minimum resources, applicable to the discipline, are required for a distance training provider. These resources may be combined or separated utilizing one or more structures.(1) A training tower equivalent to two or more stories in height. The term "training tower" as used in these standards is a structure suitable for training in the practical application of required ladder, rescue, hose, and rope skills training.(2) A facility for classroom instruction and testing shall have seating capacity for anticipated trainees. The facility must be conducive for an effective learning environment including environmental comfort for instructors and students, physical requirements needed for good seeing and hearing, adequate lighting, and free of outside distractions.(3) An area for practical application of principles and procedures of fire fighting, hose loading, pumper operation, to include friction loss, nozzle reaction, fire stream patterns, and GPM discharge utilizing various layouts for hand lines and/or master stream appliances.(4) An enclosed area or room for use in practical training with self-contained breathing apparatus. This may be a smoke and fire room or enclosed area which can be charged with smoke-producing devices to provide a realistic training environment.(5) A structure suitable for interior live fire training as required by the particular discipline(s).(6) Facilities to conduct exterior live fire training as required by the particular discipline(s).(7) If performance or driving skills are part of the training program, suitable area(s) for practicing required skills, demonstration of skills, and performance testing.</content><note type="source"><p>Source Note: The provisions of this §427.203 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.205"><num value="427.205">§427.205</num><heading>Apparatus</heading><content>The following minimum apparatus resources, applicable to the discipline, are required for a distance training provider.(1) For a certified distance training provider--approved for basic structure fire protection personnel certification training:(A) A pumper apparatus fully equipped for functions as required by the basic fire suppression curriculum.(B) An aerial ladder truck for functions as required by the basic fire suppression curriculum.(2) For a certified distance training provider--approved for basic aircraft rescue fire fighting (ARFF) personnel certification training:(A) an ARFF vehicle for assigned aircraft type and size,(B) an ARFF vehicle with 260 gpm minimum turret; and(C) Support vehicles per AHJ.(3) For a certified distance training provider--approved for Driver/Operator certification training:(A) Driver/Operator-Pumper--A fire apparatus with a permanently mounted fire pump that has a rated discharge capacity of 750 gpm (2850 L/min) or greater as defined in NFPA 1901, Standard for Automotive Fire Apparatus or its successor.(B) Driver/Operator-Aerial--A fire apparatus with a permanently mounted, power-operated elevating device such as a ladder, ladder platform, telescoping platform, or articulating platform, with an elevating water delivery system.</content><note type="source"><p>Source Note: The provisions of this §427.205 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.207"><num value="427.207">§427.207</num><heading>Protective Clothing, Use, Care and Maintenance</heading><content>All protective clothing used during instruction for a commission approved fire protection personnel training program shall be appropriate for the training evolution. Protective clothing and elements no longer used for emergency operations may be used for non-live fire training provided such clothing and elements are not contaminated, defective, or damaged and are appropriately marked to be easily recognized.(1) All protective clothing used for live fire training shall comply with the minimum standards of the National Fire Protection Association (NFPA) Standard suitable for the tasks the individual is expected to perform.(A) A certified training provider that provides personal protective equipment shall comply with NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protection Ensembles or its successor and provide upon request a written Standard Operating Procedure (SOP) on the use, maintenance, and care of personal protective equipment (PPE) to include the application of Preliminary Exposure Reduction for determination of the appropriate level of cleaning and inspection of PPE at the conclusion of a training evolution.(B) A certified training provider shall verify NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protection Ensembles or its successor, for compliance with personal protective equipment provided by the participant.(2) The distance training provider shall comply with the following guidelines for use, care and maintenance of PPE used during live-fire training depending on the type of burn facility and/or fuel used.(A) Acquired Structures--Firefighting ensemble and/or element that has been used in an environment created by an acquired structure should be treated as stated in §435.1(a)(3) of this title (relating to Protective Clothing).(B) Gas-Fired Training Center Buildings--Firefighting ensemble and/or element that has been used in an environment that uses gas-fired props may be cleaned as needed for soil levels that are hygienically unpleasant. Advanced cleaning and inspections should be completed as stated within the training facility's SOP.(C) Non-Gas Fired Training Center Buildings--Firefighting ensemble and/or element that has been used in an environment that uses non-gas fired props must be assessed for contamination of products of combustion. Preliminary exposure reduction should be done as soon as the training is completed for the day. Advanced cleaning and inspection should be completed as soon as practically possible.(D) Exterior Props--Firefighting ensemble and/or element that has been used in an environment that uses gas-fired props may be cleaned as needed for soil levels that are hygienically unpleasant. Advanced cleaning and inspections should be completed as stated within the training facility's SOP's.(E) Exterior Class B Liquid Fires--Firefighting ensemble and/or element that has been used in exterior Class B liquid fire props must be assessed for contamination of products of combustion. Preliminary exposure reduction should be done as soon as the training is completed for the day. Advanced cleaning and inspection should be completed as soon as practically possible.</content><note type="source"><p>Source Note: The provisions of this §427.207 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.209"><num value="427.209">§427.209</num><heading>Equipment</heading><content>The distance training provider must ensure that all equipment necessary for practice of performance skills identified in the commission's Curriculum Manual or Curriculum Skills Manual is available in sufficient quantity for use by trainees. The minimum equipment required for conducting training is identified in the Equipment List found in each discipline chapter within the Texas Commission on Fire Protection (TCFP) Curriculum Manual. All Self-Contained Breathing Apparatus (SCBA) that will be used during the course of instruction for a commission approved fire protection personnel training program shall comply with §435.3 of this title (relating to Self-Contained Breathing Apparatus). This rule applies whether the SCBA is provided by the academy or the trainee.(1) If instruction in the use of self-contained breathing apparatus is a part of the training, then self-contained breathing apparatus in sufficient numbers shall be provided to enable each trainee to wear the equipment for at least the life of one breathing air tank during the training. If a trainee will be subjected to a hazardous atmosphere or where the atmosphere is unknown, the trainee shall be provided with a self-contained breathing apparatus. (Note: All self-contained breathing apparatus used by a certified training facility and the air used in self-contained breathing apparatus must comply with §435.3 of this title.This rule applies whether the self-contained breathing apparatus is provided by the academy or the trainee. All students, instructors, safety personnel, and other personnel participating in any evolution or operation of fire suppression during the live fire training shall breathe from an SCBA air supply whenever operating under one or more of the following conditions:(A) in any atmosphere that is oxygen deficient or contaminated by products of combustion, or both.(B) in any atmosphere that is suspected of being oxygen deficient or contaminated by products of combustion, or both.(C) in any atmosphere that can become oxygen deficient or contaminated, or both; and/or(D) below ground level.(2) standard classroom equipment to include appropriate instructional aids and the use of cutaways, models, flip charts, and other visual aids are recommended to enhance effectiveness of the instruction; and(3) other equipment, which may include training simulators, training aids, clothing and tools required by the applicable training program.</content><note type="source"><p>Source Note: The provisions of this §427.209 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.211"><num value="427.211">§427.211</num><heading>Reference Material</heading><content>A reference library is required. The library must contain the publications required to conduct research and develop lesson plans covering the material required in the applicable training program. The reference library material must be readily and easily accessible to students and instructors.</content><note type="source"><p>Source Note: The provisions of this §427.211 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.213"><num value="427.213">§427.213</num><heading>Records</heading><content>(a) Training records, print or electronic, shall be maintained by the regulated distance training provider that reflect at minimum:(1) training subject;(2) date(s) of instruction;(3) who attended the training;(4) instructor(s);(5) course grade report with individual trainee test scores;(6) individual trainee Commission-Designated Performance Skill Evaluations; and(7) when administering distance skill evaluations, letter(s) of assurance for performance skill evaluations including the identification of the examinee, evaluating field examiner, and observer.(b) The regulated distance training provider must be able to substantiate the evaluation process used to determine the trainee has acquired the knowledge and skills to achieve the minimum level of competency required by the applicable commission curriculum and/or NFPA standards.(c) All records must be maintained by the regulated distance training provider for commission review for a minimum of three years or in accordance with the requirement of the Texas State Library and Archives Commission, State and Local Records Management Division, whichever is greater.</content><note type="source"><p>Source Note: The provisions of this §427.213 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.218"><num value="427.218">§427.218</num><heading>Live-Fire Training Evolutions</heading><content>The most current edition of NFPA 1403, Standard on Live Fire Training Evolutions or its successor, shall be used as a guide when developing standard operating procedures for conducting live fire training.(1) Prior to being permitted to participate in live fire training evolutions for basic fire suppression certification training, the student shall have received training to meet the performance requirements for Fire Fighter I in NFPA 1001, Standard for Fire Fighter Professional Qualifications or its successor, related to the following subjects:(A) safety;(B) fire behavior;(C) portable extinguishers;(D) personal protective equipment to include SCBA;(E) ladders;(F) fire hose, appliances, and streams;(G) overhaul;(H) water supply;(I) ventilation;(J) forcible entry; and(K) building construction.(2) The on-site lead instructor will ensure that the water supply rate and duration for each live fire training evolution is adequate to control and extinguish the training fire. The lead instructor will also ensure that the resources necessary for backup lines to protect personnel and exposed property are available and deployed.(3) The on-site lead instructor will ensure that the buildings or props being utilized for live fire training are in a condition that would not pose an undue safety risk.(4) A safety officer shall be appointed for all live fire training evolutions. The safety officer shall have the authority, regardless of rank, to intervene and control any aspect of the operations when, in his or her judgment, a potential or actual danger, accident, or unsafe condition exists. The safety officer shall not be assigned other duties that interfere with safety responsibilities. The safety officer shall not be a student.(5) No person(s) shall play the role of a victim inside the building.(6) The participating student-to-instructor ratio shall not be greater than five to one.(7) Prior to the ignition of any fire, instructors shall ensure that all personal protective clothing and/or self-contained breathing apparatus are NFPA compliant and being worn in the proper manner.(8) Prior to conducting any live fire training, a pre-burn briefing session shall be conducted. All participants shall be required to conduct a walk-through of the structure in order to have a knowledge of, and familiarity with, the layout of the building and to be able to facilitate any necessary evacuation of the building.(9) A standard operating procedure shall be developed and utilized for live fire training evolutions. The standard operating procedure shall include, but not be limited to:(A) a Personal Alert Safety System (PASS). A PASS device shall be provided for each student and instructors participating in live fire training and shall meet the requirements in §435.9 of this title (relating to PASS devices). This applies whether the PASS device is provided by the academy or the trainee,(B) a Personnel Accountability System that complies with §435.13 of this title (relating to Personal Accountability System),(C) an Incident Management System,(D) use of personal protective clothing and self-contained breathing apparatus; or(E) an evacuation signal and procedure; and pre-burn, burn and post-burn procedures.</content><note type="source"><p>Source Note: The provisions of this §427.218 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scB/s427.219"><num value="427.219">§427.219</num><heading>General Information</heading><content>(a) All distance training providers shall meet these minimum requirements. Training credit will not be recognized from a distance training provider that has not been certified by the commission unless the program has been deemed equivalent. The commission shall take action on an application for certification of a distance training provider within 30 days from receipt.(b) Certified distance training providers shall conduct all training in a controlled and safe manner so that trainees are not subjected to unnecessary risks. Texas Government Code, §419.032(c) provides that fire protection personnel must complete a commission approved training course in fire suppression before being assigned to fire suppression duties. Certified training facilities shall not put trainees at risk by requiring or allowing a trainee to perform the duties of fire protection personnel at actual uncontrolled emergency situations such as, but not limited to, structure fires, aircraft fires, wildland fires, hazardous materials incidents, or dangerous rescue situations.(c) A certified distance training provider may transport trainees to the site of an actual emergency for training purposes, only if the following requirements are strictly adhered to:(1) the trainees are kept in a group under the direct supervision of qualified instructors to maintain accountability and ensure their safety;(2) the trainees are kept outside of the emergency operations area; and(3) the trainees' activities are restricted to observation only and trainees are not allowed to participate in emergency operations.(d) Certified distance training providers are subject to inspection by the commission at any time during regular business hours.(e) In order to retain the certification as a certified distance training provider, schools desiring to make substantial changes in the facility or other conditions under which the school was approved shall coordinate such plans with the commission.(f) The commission shall be notified, in writing, within 14 days of any change from the original status under which the certification was issued.(g) The commission may revoke, suspend, probate, refuse to renew, or otherwise limit the certification of a distance training provider when the commission determines that the distance training provider:(1) fails to provide the quality of training and education for which the provider was approved; or(2) fails to comply with commission rules and/or these minimum standards; or(3) fails to submit required reports in a timely manner or submits false reports to the commission; or(4) fails to meet at least a 70% student pass rate on the certification examination.</content><note type="source"><p>Source Note: The provisions of this §427.219 adopted to be effective April 23, 2023, 48 TexReg 1962.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c427/scC"><num value="C">SUBCHAPTER C</num><heading>TRAINING PROGRAMS FOR ON-SITE AND DISTANCE TRAINING PROVIDERS</heading><section identifier="/us/state/tx/tac/t37/p13/c427/scC/s427.301"><num value="427.301">§427.301</num><heading>General Provisions for Training Programs--On-Site and Distance Training Providers</heading><content>(a) Training programs that are intended to satisfy the requirements for fire protection personnel certification must meet the objectives and competencies in that discipline.(b) A system for evaluating the comprehension of the trainee, including periodic and comprehensive written tests, is required. If performance skills are part of the applicable curriculum, performance testing shall be done in accordance with §439.11 of this title (relating to Commission-Designated Performance Skill Evaluations).</content><note type="source"><p>Source Note: The provisions of this §427.301 adopted to be effective March 27, 2006, 31 TexReg 2696; amended to be effective May 18, 2010, 35 TexReg 3849; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scC/s427.303"><num value="427.303">§427.303</num><heading>Training Approval Process for On-Site and Distance Training Providers</heading><content>(a) When seeking training prior approvals (TPAs), a training provider shall certify that it has provided the resources described in §427.1 or §427.201 of this title as applicable (relating to Minimum Standards for Certified Training Facilities for Fire Protection Personnel and Minimum Standards for Distance Training Provider, respectively).(b) All training for certification must be approved by the commission. A training provider must submit training prior approval information at least 10 days prior to the proposed start date of the training.(c) Approved courses are subject to audit by commission staff at any time. Any deviation from the information submitted in the original training must be requested for approval from the commission at least one day before the change takes place unless the training provider is unable to do so because of unforeseen circumstances.</content><note type="source"><p>Source Note: The provisions of this §427.303 adopted to be effective March 27, 2006, 31 TexReg 2696; amended to be effective August 10, 2009, 34 TexReg 5412; amended to be effective May 18, 2010, 35 TexReg 3849; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scC/s427.305"><num value="427.305">§427.305</num><heading>Procedures for Testing Conducted by On-Site and Distance Training Providers</heading><content>(a) The requirements and provisions in this section apply to procedures for periodic and final testing conducted by training providers. For procedures regarding examinations for certification that occur after a training program is completed, see Chapter 439 of this title (relating to Examinations for Certification).(b) Periodic and comprehensive final tests shall be given by the training provider in addition to the commission examination required in Chapter 439 of this title.(c) Periodic tests shall be administered at the ratio of one test per 50 hours of recommended training, or portion thereof. An average score of 70% must be achieved on all required periodic tests.(d) In addition to periodic tests, a comprehensive final test must be administered. The final test must be conducted in a proctored setting. For purposes of this section, a proctor can be an approved TCFP Field Examiner, or a member of a testing center of an educational institution. A passing score of 70% must be achieved.(e) If a course is taught in phases or sections, a comprehensive test for each phase or section shall be administered upon completion of each phase or section and a passing score of 70% must be achieved.</content><note type="source"><p>Source Note: The provisions of this §427.305 adopted to be effective March 27, 2006, 31 TexReg 2696; amended to be effective August 10, 2009, 34 TexReg 5412; amended to be effective May 18, 2010, 35 TexReg 3849; amended to be effective March 10, 2011, 36 TexReg 1688; amended to be effective August 20, 2012, 37 TexReg 6313; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scC/s427.307"><num value="427.307">§427.307</num><heading>On-Site and Distance Training Provider Staff Requirements</heading><content>(a) The chief training officer of a training facility, as a minimum, must possess Fire Service Instructor III certification.(b) All training instructors (except guest instructors) as a minimum shall possess Fire Instructor Certification. The instructor(s) must be certified in the applicable discipline or be approved by the commission to instruct in the applicable subject.(c) The lead instructor, as a minimum, shall possess a Fire Service Instructor II certification and must be certified by the commission in the applicable discipline, except as stated in subsections (h)(2) and (i)(2) of this section.(d) Guest instructors are not required to be certified as instructors.(e) In order to teach fire officer certification courses, an individual who does not meet the requirements of subsection (a) or (c) of this section, shall possess a minimum of a bachelor's degree in management or its equivalent.(f) In order to teach an instructor certification training course for Fire Service Instructor I, an individual must hold one of the following three qualifications:(1) A Fire Service Instructor II certification or higher; or(2) A Bachelor's degree with the following:(A) as a minimum, a minor in education; and(B) three years of teaching experience in a fire department, department of a state agency, educational institution, or political subdivision of the state, during which time the individual taught a minimum of 200 class hours; or(3) An associate degree with the following:(A) twelve semester hours of education instructional courses; and(B) five years of teaching experience in a fire department, department of a state agency, educational institution, or political subdivision of the state, during which time the individual taught a minimum of 400 class hours.(g) In order to teach an instructor certification training course for Fire Service Instructor II or III, an individual must hold one of the following three qualifications:(1) A Fire Service Instructor III certification; or(2) A Bachelor's degree with the following:(A) as a minimum, a minor in education; and(B) three years of teaching experience in a fire department, department of a state agency, educational institution, or political subdivision of the state, during which time the individual taught a minimum of 200 class hours; or(3) An associate degree with the following:(A) twelve semester hours of education instructional courses; and(B) five years of teaching experience in a fire department, department of a state agency, educational institution, or political subdivision of the state, during which time the individual taught a minimum of 400 class hours.(h) In order to teach a certification course for Basic Wildland Fire Protection:(1) The unit instructor must hold Intermediate Wildland Fire Protection certification or be approved by the commission to instruct a Basic Wildland course and hold:(A) commission Fire Service Instructor I certification or higher; or(B) instructor credentials as required by the current National Wildfire Coordinating Group (NWCG) Standards for Course Delivery (901-1) or current Texas Intrastate Fire Mutual Aid System (TIFMAS) guidelines for this level of course.(2) The lead instructor must hold NWCG or TIFMAS Single Resource Boss qualification and hold:(A) commission Fire Service Instructor I certification or higher; or(B) instructor credentials as required by the current NWCG Standards for Course Delivery (901-1) or current TIFMAS guidelines for this level of course.(i) In order to teach a certification course for Intermediate Wildland Fire Protection:(1) The unit instructor must hold an Intermediate Wildland Fire Protection certification or be approved by the commission to instruct an Intermediate Wildland course and hold:(A) commission Fire Service Instructor I certification or higher; or(B) instructor credentials as required by the current NWCG Standards for Course Delivery (901-1) or current TIFMAS guidelines for this level of course.(2) The lead instructor must hold NWCG or TIFMAS Single Resource Boss qualification and:(A) commission Fire Service Instructor I certification or higher; or(B) instructor credentials as required by the current NWCG Standards for Course Delivery (901-1) or current TIFMAS guidelines for this level of course.</content><note type="source"><p>Source Note: The provisions of this §427.307 adopted to be effective March 27, 2006, 31 TexReg 2696; amended to be effective February 28, 2013, 38 TexReg 1219; amended to be effective August 5, 2013, 38 TexReg 4908; amended to be effective March 2, 2014, 39 TexReg 1168; amended to be effective May 20, 2014, 39 TexReg 3874; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c427/scD"><num value="D">SUBCHAPTER D</num><heading>CERTIFIED TRAINING FACILITIES</heading><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.401"><num value="427.401">§427.401</num><heading>General Provisions for Training Facilities Not Owned by the State of Texas or Operated by a Political Subdivision of the State of Texas</heading><content>(a) The provisions in this subchapter apply only to certified training facilities that are not owned or operated by the State of Texas or a political subdivision of the State of Texas.(b) Training facilities seeking certification under this subchapter must comply with all the provisions of this chapter and must also meet and comply with all commission rules.(c) Training facilities seeking certification under this subchapter must apply for training facility certification in each discipline for which they intend to conduct certification training for fire protection personnel.(d) In order to become a commission approved training facility under this subchapter, the provider must submit a completed commission training facility application for certification with supporting documentation and fees. Supporting documentation will consist of:(1) descriptions, photos and addresses of where the provider will have their course delivery and materials;(2) documentation of how the provider will meet all the minimum requirements for each discipline for which it seeks certification;(3) complete and correct financial statements, as specified in this subchapter, demonstrating the facility is financially stable and capable of fulfilling its commitments for training;(4) statement of ownership which identifies the owners, stockholders, partners, representatives, management, trustees, board members; and(5) documentation showing registration with the Texas Secretary of State as a business.</content><note type="source"><p>Source Note: The provisions of this §427.401 adopted to be effective May 9, 2007, 32 TexReg 2476; amended to be effective May 20, 2018, 43 TexReg 3103; amended to be effective April 23, 2023, 48 TexReg 1962.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.403"><num value="427.403">§427.403</num><heading>Financial Standards</heading><content>(a) Definitions Relating to Financial Requirements.(1) Balance Sheet--A statement of financial position or statement of condition, showing the status of assets, liabilities and owner equity for a defined period i.e., monthly, quarterly, etc.(2) Current ratio--ability to pay current obligations from current assets.(3) Generally Accepted Accounting Principles (GAAP)--Conventions, rules and procedures that define accepted accounting practices to include both broad guidelines as well as detailed procedures.(4) Generally Accepted Auditing Standards (GAAS)--Conventions, rules and procedures that define accepted audit practices.(5) Stockholders Equity (net worth)--amount by which assets exceed liabilities.(6) Sworn statement--A notarized statement including the following language: "I swear or affirm that the information in these statements is true and correct to the best of my knowledge."(7) Unearned income (tuition) affidavit--A statement of income received but not yet earned during the current or most recent fiscal year. This is usually shown as a liability on a balance sheet, assuming it will be credited to income within the normal accounting cycle.(b) The balance sheet required in this subchapter shall reflect the following:(1) positive equity or net worth balance;(2) unearned tuition as a current liability;(3) a current ratio of at least one-to-one (current assets divided by current liabilities); and(4) stockholder's equity or net worth exceeding the amount shown for goodwill, if applicable, under assets in the balance sheet.(c) Compilations shall be accompanied by the owner's sworn statement that all submitted documents are true and correct to the best of the owner's knowledge.(d) All financial statements shall identify the name, license number, and licensing state of the accountant associated with the statements and be in accordance with GAAP.(e) A school that maintains a financial responsibility composite score that meets the general standards established in federal regulations by the U.S. Department of Education for postsecondary institutions participating in student financial assistance programs authorized under Title IV of the Higher Education Act of 1965, as amended, shall be considered to have met the financial standards of this subchapter.(f) A school that qualifies under an alternative standard but not the general standard of these federal regulations will not be considered to have met the financial standards of this subchapter unless the school meets the other requirements stated in this subchapter.(g) Requirements for Original Approvals.(1) The owner shall furnish the commission with the following:(A) a school owned by a sole proprietor must submit a reviewed personal balance sheet stating the disclosure of payments for the next five years to meet debt agreements as required by GAAP; or(B) all other ownership structures must submit an audited balance sheet consistent with GAAP and GAAS and certified by an accountant.(2) The facility shall submit a balance sheet, a list of the expected school-related expenses for the first three months of operation of the school; a sworn statement signed by the owner affirming the availability of sufficient cash to cover projected expenses at the date of the certification. Projected expenses may include the following:(A) employee salaries, listed by position title, including withholding and unemployment taxes, and other related expenses;(B) lease or rent payments for listed equipment;(C) lease or rent payments for facilities;(D) accounting, legal and other specifically identified professional fees;(E) an estimate of expenses such as advertising, travel, textbooks, office and classroom supplies, printing, telephone, utilities, taxes;(F) a projection of the gross amount of tuition and fees to be collected during each of the first two years of operation; and(G) such other evidence as may be deemed appropriate by the commission to establish financial stability.(h) Prior to a change in ownership of a facility, the purchaser shall furnish the commission a current balance sheet meeting the requirements outlined in this subchapter for original approvals, excluding the sufficient cash requirement for initial expenses. The purchaser shall furnish any other evidence deemed appropriate by the commission to establish financial stability.(i) The deletion or addition of any person that would be considered an owner is considered a change in facility ownership. The facility must notify the commission of the change in ownership within 14 days of the transaction.(j) The commission may require submission of a full application for approval of a change in ownership.(k) Management agreements must be disclosed to the commission. Parties to a management agreement shall be of good reputation and character.(l) The deletion, addition or moving of a facility will be reported to the commission 14 days prior to the transaction.(m) If the commission determines that the deletion, addition or moving of a facility presents an unreasonable transportation hardship which would prevent a student from completing the training at the new location, the school shall provide a full refund of all monies paid and a release from all obligations to the student.(n) The commission shall be notified in writing of any legal action to which the facility, any of its owners, representatives or management employees is a party.(o) The notification shall be within 14 days after the action is known to be filed or the facility, owner, representative or management employee is served.(p) The facility shall include, with the required notice, a file-marked copy of the petition, complaint, or other legal instrument, including copies of any judgments.(q) If the commission determines that reasonable cause exists to question the validity of any financial information submitted, or the financial stability of the facility, the commission may require at the facility's expense:(1) an audit of the facility that has been certified by an accountant; or(2) The owner must furnish any other evidence deemed appropriate by the commission to establish financial stability.(r) The entity certified under this subchapter shall maintain, in a permanent format that is acceptable and readily accessible to the commission, a record of any funds received from, or on behalf of, the student. The entity shall clearly identify the payer, the type of funding, and the reason for the charges. These records shall be posted and kept current.(s) An entity certified under this subchapter shall issue written receipts of any charges or payments to the student and maintain such records for review upon request by the commission. Each separately charged item shall be clearly itemized on the student-signed receipt.(t) An entity certified under this subchapter shall develop and maintain a cancellation and refund policy.(u) The student shall be entitled to a full refund of all monies paid to the facility if classes or courses are cancelled by the facility.(v) For classes or courses cancelled by the student, refund policies will be based on a prorated basis or percentage of the class or program completed by the student.(w) An entity certified under this subchapter shall comply with Chapter 437 of this title (relating to Fees).(x) Upon application for renewal, an entity certified under this subchapter will provide a balance sheet with a sworn statement.</content><note type="source"><p>Source Note: The provisions of this §427.403 adopted to be effective May 9, 2007, 32 TexReg 2476; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.405"><num value="427.405">§427.405</num><heading>Policy Regarding Complaints</heading><content>(a) Complaints. The entity shall:(1) Submit a written grievance procedure designed to resolve disputes between current and former students and the school for commission approval;(2) Provide a copy of the grievance procedure to each student and maintain proof of such delivery;(3) Maintain records regarding grievance filings and resolutions; and(4) Diligently work to resolve all complaints at the local school level.(b) Investigations.(1) The commission may investigate a complaint about an entity and may determine the extent of investigation needed by considering various factors, such as:(A) the seriousness of the alleged violation;(B) the source of the complaint;(C) the school's history of compliance and complaints;(D) the timeliness of the complaint; and(E) any other reasonable matter deemed appropriate.(2) The commission may require documentation or other evidence of the violation before initiating a complaint investigation.</content><note type="source"><p>Source Note: The provisions of this §427.405 adopted to be effective May 9, 2007, 32 TexReg 2476; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.407"><num value="427.407">§427.407</num><heading>School Responsibilities Regarding Instructors</heading><content>(a) The facility chief training officer (CTO) shall ensure that there are an appropriate number of instructors.(b) The facility CTO shall ensure that instructors are qualified to instruct in the subjects they are teaching or assisting.(c) The facility CTO shall ensure continuity of instruction and that instructors provide students with a quality education.(d) The facility CTO shall formally evaluate each instructor in writing at least annually and shall make the evaluations available for review by the commission.(e) The facility CTO shall ensure that students are allowed the opportunity to formally evaluate each instructor in writing and make the evaluations available for review by the commission.</content><note type="source"><p>Source Note: The provisions of this §427.407 adopted to be effective May 9, 2007, 32 TexReg 2476; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.409"><num value="427.409">§427.409</num><heading>Advertising</heading><content>(a) General Information for Advertising.(1) A school shall not make deceptive statements in attempting to enroll students.(2) The commission may require a school to furnish proof of any of its advertising claims.(b) Advertisement Method.(1) A school may advertise for prospective students under "instruction," "education," "training," or a similarly titled classification.(2) No school advertisements shall use the word "wanted," "help wanted," or "trainee," either in the headline or the body of the advertisement, nor shall any advertisement indicate, in any manner, that the school has or knows of employment of any nature available to prospective students; only "placement assistance," if offered, may be advertised.(3) A school shall not use terms to describe the significance of the approval that specify or connote greater approval. Terms that schools may not use to connote greater approval by the commission include, but are not limited to, "accredited," "supervised," "endorsed," and "recommended." A school shall not use the words "guarantee," "guaranteed," or "free" unless approved in writing by the commission.(4) Any advertisement that includes a reference to awarding of credit hours shall include the statement, "limited transferability." Where a school has an arrangement with a college or university to accept transfer hours, such information may be advertised, but any limitations shall be included in the advertisement.(c) Advertisement Content.(1) Advertisement content shall include, and clearly indicate, the full and correct name of the school and its address, including city, as they appear on the certificate of approval.(2) Advertisements shall not include:(A) statements that the school or its programs are accredited unless the accreditation is that of an agency recognized by the United States Department of Education;(B) statements that the school or its courses of instruction have been approved unless the approval can be substantiated by an appropriate certificate of approval issued by an agency of the state or federal government;(C) statements that represent the school as an employment agency under the same name, or a confusingly similar name, or at the same location of the school; or(D) statements as being commission approved or IFSAC approved in order to solicit students prior to receiving actual commission approval. Any such activity by the school, prior to the commission's approval of the training course, shall constitute misrepresentation by the training facility and shall entitle each student in the course to a full refund of all monies paid and a release from all obligations to the student.(3) A school holding a franchise to offer specialized programs or subjects not available to other schools shall not advertise such programs in such a manner as to diminish the value and scope of programs offered by other schools not holding such a franchise. Advertising of special subjects or programs offered under a franchise shall be limited to the subject or programs offered.(4) a school shall not use endorsements, commendations, or recommendations by students in favor of a school except with the consent of the student and without any offer of financial or other material compensation. Endorsements shall bear the legal or professional name of the student.(5) a school shall not use a photograph, cut, engraving, illustration or graphic in advertising in such a manner as to:(A) convey a false impression of size, importance, or location of the school, equipment, or facilities associated with the school, or(B) circumvent any of the requirements of this subchapter regarding written or oral statements.(6) Every advertisement must clearly indicate that training is being offered, and shall not, either by actual statement, omission, or intimation, imply that prospective employees are being sought.(d) Financial Incentives. Advertisements shall not:(1) state that students shall be guaranteed employment while enrolled in the school;(2) state that employment shall be guaranteed for students after graduation; or(3) misrepresent opportunities for employment upon completion of any program; or(4) contain dollar amounts as representative or indicative of the earning potential of graduates unless those dollar amounts have been published by the United States Department of Labor. This provision shall not be construed as prohibiting the school from providing earning potential to the student individually on the student's receipt of enrollment policies or other such commission approved document.(e) Advertisements for student tuition loans shall:(1) contain the language "financial aid available, if qualified";(2) appear in type no larger than the font used for the name of the school and in similar color and style; and(3) does not preclude disclosure of the school's eligibility under the various state and federal loan programs.(f) Advertisement Monitoring.(1) The commission may order corrective action to counteract the effect of advertising in violation of the Act or rules, including:(A) retraction by the school of such advertising claims published in the same manner as the claims themselves; and(B) cancellation of telephone numbers without an automatic forwarding message.(2) As corrective action for violations of the Act or rules, the commission may require schools to submit all advertisements to the commission for pre-approval at least 30 days before proposed submission of the advertisements to the advertising medium.(3) Nothing in these guidelines shall prohibit release of information to students as required by a state or federal agency.</content><note type="source"><p>Source Note: The provisions of this §427.409 adopted to be effective May 9, 2007, 32 TexReg 2476; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.411"><num value="427.411">§427.411</num><heading>Cancellations or Suspensions</heading><content>(a) If an approved course of instruction is discontinued for any reason, the commission shall be notified within 72 business hours (9 days) of discontinuance and furnished with the names and addresses of any students who were prevented from completion of the course of instruction due to discontinuance. Should the school fail to make arrangements satisfactory to the students and the commission for the completion of the course of instruction, the full amount of all tuition and fees paid by the students are then due and refundable. Any course of instruction discontinued will be removed from the list of approved courses of instruction.(b) The commission may suspend enrollments in a particular course of instruction at any time the commission finds cause. For purposes of this subsection, cause includes, but is not limited to:(1) inadequate instruction;(2) unapproved or inadequate curriculum;(3) inadequate equipment; or(4) inadequate facilities.(c) If a school begins teaching a course of instruction or revised course of instruction that has not been approved by the commission, the commission may require the school to refund to the enrolled students all or a portion of the tuition fees.</content><note type="source"><p>Source Note: The provisions of this §427.411 adopted to be effective May 9, 2007, 32 TexReg 2476; amended to be effective May 20, 2018, 43 TexReg 3103.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c427/scD/s427.413"><num value="427.413">§427.413</num><heading>Liabilities</heading><content>(a) Curriculum and Testing.(1) The school shall be able to provide license agreements with the publisher of any curriculum used. The school may not reproduce the curriculum, or any part thereof, without describing the purpose or having the written consent by said publisher.(2) The school shall be able to provide a valid purchase receipt or license agreement of any published test banks, or any part thereof, used in the evaluation process of any course taught.(b) Equipment and Facilities.(1) The school shall be able to provide written agreements for the use of any equipment not owned by the school, but used during the instruction of any student. The agreement shall dictate the terms, liability, fees, and availability of maintenance records of such equipment.(2) The school shall be able to provide written agreements of the use of any facilities or area, not otherwise public, but used during the instruction of any student. The agreement shall dictate the terms, liability, and fees of such facilities or area.(c) Insurance Coverage. The school shall be able to provide a general liability policy issued by a company licensed to do business in the State of Texas.</content><note type="source"><p>Source Note: The provisions of this §427.413 adopted to be effective July 19, 2007, 32 TexReg 4446.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c429"><num value="429">CHAPTER 429</num><heading>FIRE INSPECTOR AND PLAN EXAMINER</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c429/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR FIRE INSPECTOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c429/scA/s429.1"><num value="429.1">§429.1</num><heading>Minimum Standards for Fire Inspector Personnel</heading><content>(a) Fire code enforcement is defined as the enforcement of laws, codes, and ordinances of the authority having jurisdiction pertaining to fire prevention.(b) To qualify for appointment to fire code enforcement duties, individuals must be certified as a Fire Inspector, or meet the requirements in subsections (c) and (d) of this section.(c) Individuals may be appointed to fire code enforcement duties on a probationary or temporary status if they have successfully passed the commission exam for Fire Inspector, as specified in Chapter 439 of this title (relating to Examinations for Certification).(d) Individuals appointed to fire code enforcement duties in subsection (c) of this section must be certified as a Fire Inspector within one year of the appointment.(e) Individuals holding any level of fire inspector certification shall be required to comply with the continuing education requirements in §441.13 of this title (relating to Continuing Education for Fire Inspection Personnel).</content><note type="source"><p>Source Note: The provisions of this §429.1 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scA/s429.3"><num value="429.3">§429.3</num><heading>Minimum Standards for Basic Fire Inspector Certification</heading><content>In order to be certified as a Basic Fire Inspector, an individual must:(1) possess valid documentation as an Inspector I and Inspector II from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1(a)(2) of this title (relating to Requirements-General); or(2) complete a commission approved fire inspector training program and successfully pass the commission examination(s) as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved training program shall consist of one or any combination of the following:(A) completion of the commission approved Basic Fire Inspector Curriculum, as specified in the commission's Certification Curriculum Manual; or(B) successful completion of an out-of-state, NFA, and/or military training program which has been submitted to the commission for evaluation and found to meet the minimum requirements as listed in the commission approved Basic Fire Inspector Curriculum as specified in the commission's Certification Curriculum Manual; or(C) successful completion of the following college courses:(i) Fire Protection Systems, three semester hours;(ii) Fire Prevention Codes and Inspections, three semester hours;(iii) Building Construction in the Fire Service or Building Codes and Construction, three semester hours; and(iv) Hazardous Materials I, II, or III, three semester hours (total semester hours, 12); or(D) documentation of the receipt of Fire Inspector I and Fire Inspector II certificates issued by the State Firemen's and Fire Marshals' Association of Texas that are deemed equivalent to a commission approved Basic Fire Inspector curriculum.</content><note type="source"><p>Source Note: The provisions of this §429.3 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scA/s429.5"><num value="429.5">§429.5</num><heading>Minimum Standards for Intermediate Fire Inspector Certification</heading><content>(a) Applicants for Intermediate Fire Inspector Certification must meet the following requirements:(1) hold as a prerequisite Basic Fire Inspector Certification as defined in §429.3 of this title (relating to Minimum Standards for Basic Fire Inspector Certification); and(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section.)(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of fire inspector certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §429.5 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scA/s429.7"><num value="429.7">§429.7</num><heading>Minimum Standards for Advanced Fire Inspector Certification</heading><content>(a) Applicants for Advanced Fire Inspector Certification must complete the following requirements:(1) hold as a prerequisite an Intermediate Fire Inspector Certification as defined in §429.5 of this title (relating to Minimum Standards for Intermediate Fire Inspector Certification); and(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section.)(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of fire inspector certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §429.7 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scA/s429.9"><num value="429.9">§429.9</num><heading>Minimum Standards for Master Fire Inspector Certification</heading><content>(a) Applicants for Master Fire Inspector Certification must complete the following requirements:(1) hold as a prerequisite an Advanced Fire Inspector Certification as defined in §429.7 of this title (relating to Minimum Standards for Advanced Fire Inspector Certification); and(2) acquire a minimum of 12 years of fire protection experience, and 60 college semester hours or an associate degree, which includes at least 18 college semester hours in fire science subjects.(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Fire Inspector Certification.</content><note type="source"><p>Source Note: The provisions of this §429.9 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scA/s429.11"><num value="429.11">§429.11</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>(a) Individuals who pass the applicable sections of the state examination may be granted IFSAC seal(s) for Inspector I and Inspector II by making application to the commission for the IFSAC seal(s) and paying the associated fees, provided they meet the following provisions:(1) To receive the IFSAC Inspector I seal, the individual must:(A) complete the Inspector I section of a commission approved course; and(B) pass the Inspector I section of a commission examination.(2) To receive the IFSAC Inspector II seal, the individual must:(A) complete the Inspector II section of a commission approved course;(B) document possession of an IFSAC Inspector I seal; and(C) pass the Inspector II section of a commission examination.(b) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §429.11 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c429/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR PLAN EXAMINER</heading><section identifier="/us/state/tx/tac/t37/p13/c429/scB/s429.201"><num value="429.201">§429.201</num><heading>Minimum Standards for Plan Examiner Personnel</heading><content>Plan examiner duties are defined as the review of building or other structure plans for the purpose of determining compliance with adopted fire codes and standards.</content><note type="source"><p>Source Note: The provisions of this §429.201 adopted to be effective March 1, 2019, 44 TexReg 714; amended to be effective August 14, 2019, 44 TexReg 4193; amended to be effective February 24, 2021, 46 TexReg 1250.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scB/s429.203"><num value="429.203">§429.203</num><heading>Minimum Standards for Plan Examiner I Certification</heading><content>In order to be certified as a Plan Examiner I, an individual must:(1) possess valid documentation as a Plan Examiner I from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1(a)(2) of this title (relating to Requirements-General); or(2) complete a commission approved Plan Examiner I training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved training program shall consist of one of the following:(A) completion of the commission approved Plan Examiner I Curriculum, as specified in the commission's Certification Curriculum Manual; or(B) successful completion of an out-of-state, NFA, and/or military training program which has been submitted to the commission for evaluation and found to meet the minimum requirements as listed in the commission approved Plan Examiner I Curriculum as specified in the commission's Certification Curriculum Manual; or(C) documentation of the receipt of a Plan Examiner I certificate issued by the State Firemen's and Fire Marshals' Association of Texas that is deemed equivalent to a commission approved Plan Examiner I curriculum.</content><note type="source"><p>Source Note: The provisions of this §429.203 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c429/scB/s429.205"><num value="429.205">§429.205</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>(a) Individuals who pass the state examination may be granted an IFSAC seal for Plan Examiner I by making application to the commission for the IFSAC seal and paying the associated fee.(b) In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §429.205 adopted to be effective March 1, 2019, 44 TexReg 714.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c431"><num value="431">CHAPTER 431</num><heading>FIRE INVESTIGATOR</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c431/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR ARSON INVESTIGATOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.1"><num value="431.1">§431.1</num><heading>Minimum Standards for Arson Investigation Personnel</heading><content>(a) Fire protection personnel who are appointed arson investigation duties must be certified, as a minimum, as a basic arson investigator as specified in §431.3 of this title (relating to Minimum Standards for Basic Arson Investigator Certification) within one year from the date of initial appointment to such position.(b) Prior to being appointed to arson investigation duties, fire protection personnel must complete a commission approved basic fire investigator training program, successfully pass the commission examination pertaining to that curriculum, and possess a current peace officer license from the Texas Commission on Law Enforcement or document that the individual is a federal law enforcement officer.(c) Personnel holding any level of arson investigation certification shall be required to comply with the continuing education requirements in §441.15 of this title (relating to Continuing Education for Arson Investigator or Fire Investigator).</content><note type="source"><p>Source Note: The provisions of this §431.1 adopted to be effective November 1, 1998, 23 TexReg 10897; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective March 10, 2011, 36 TexReg 1688; amended to be effective March 2, 2014, 39 TexReg 1169.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.3"><num value="431.3">§431.3</num><heading>Minimum Standards for Basic Arson Investigator Certification</heading><content>In order to be certified as a Basic Arson Investigator an individual must:(1) possess a current basic peace officer's license from the Texas Commission on Law Enforcement or documentation that the individual is a federal law enforcement officer;(2) hold a current license as a peace officer and notify the commission on the prescribed form regarding the law enforcement agency currently holding the individual's peace officer license; and(3) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire Investigator; or(4) complete a commission approved basic fire investigation training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved fire investigation training program shall consist of one of the following:(A) completion of the commission approved Fire Investigator Curriculum, as specified in Chapter 5 of the commission's Certification Curriculum Manual;(B) successful completion of an out-of-state, NFA, or military training program which has been submitted to the commission for evaluation and found to meet the minimum requirements as listed in the commission approved Fire Investigator Curriculum as specified in Chapter 5 of the commission's Certification Curriculum Manual; or(C) successful completion of the following college courses: Fire and Arson Investigation I or II, 3 semester hours; Hazardous Materials I, II, or III, 3 semester hours; Building Construction in the Fire Service or Building Codes and Construction, 3 semester hours; Fire Protection Systems, 3 semester hours. Total semester hours, 12.</content><note type="source"><p>Source Note: The provisions of this §431.3 adopted to be effective October 11, 2000, 25 TexReg 10189; amended to be effective March 8, 2001, 26 TexReg 2044; amended to be effective July 29, 2002, 27 TexReg 6724; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective September 2, 2003, 28 TexReg 7402; amended to be effective May 26, 2005, 30 TexReg 3035; amended to be effective February 17, 2008, 33 TexReg 1132; amended to be effective August 17, 2008, 33 TexReg 6603; amended to be effective August 1, 2010, 35 TexReg 6697; amended to be effective March10,2011, 36 TexReg 1688; amended to be effective February 21, 2012, 37 TexReg 912; amended to be effective March 2, 2014, 39 TexReg 1169; amended to be effective August 23, 2017, 42 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.5"><num value="431.5">§431.5</num><heading>Minimum Standards for Intermediate Arson Investigator Certification</heading><content>(a) Applicants for Intermediate Arson Investigator Certification must complete the following requirements:(1) hold as a prerequisite a Basic Arson Investigator Certification as defined in §431.3 of this title (relating to Minimum Standards for Basic Arson Investigator Certification); and(2) acquire a minimum of four years of fire protection experience and complete the requirements listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section); or(D) Option 4--Hold current Intermediate Peace Officer certification from the Texas Commission on Law Enforcement with four additional law enforcement courses applicable for fire investigations (See exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Arson Investigator Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §431.5 adopted to be effective November 1, 1998, 23 TexReg 10897; amended to be effective July 29, 2002, 27 TexReg 6724; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective November 15, 2003, 28 TexReg 9885; amended to be effective August 5, 2004, 29 TexReg 7454; amended to be effective May 26, 2005, 30 TexReg 3035; amended to be effective March 2, 2014, 39 TexReg 1169.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.7"><num value="431.7">§431.7</num><heading>Minimum Standards for Advanced Arson Investigator Certification</heading><content>(a) Applicants for Advanced Arson Investigator certification must complete the following requirements:(1) hold as a prerequisite an Intermediate Arson Investigator Certification as defined in §431.5 of this title (relating to Minimum Standards for Intermediate Arson Investigator Certification); and(2) acquire a minimum of eight years of fire protection experience and complete the requirements listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List course and four B-List courses (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses (See the exception outlined in subsection (c) of this section); or(D) Option 4--Advanced Arson for Profit or Complex Arson Investigative Techniques (Bureau of Alcohol, Tobacco, Firearms, and Explosives resident or field course, 80 hours); or(E) Option 5--Hold current Advanced Peace Officer certification from the Texas Commission on Law Enforcement with four additional law enforcement courses applicable for fire investigations (See exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Arson Investigator Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §431.7 adopted to be effective November 1, 1998, 23 TexReg 10897; amended to be effective July 29, 2002, 27 TexReg 6724; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective November 15, 2003, 28 TexReg 9885; amended to be effective August 5, 2004, 29 TexReg 7454; amended to be effective May 26, 2005, 30 TexReg 3035; amended to be effective March 2, 2014, 39 TexReg 1169.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.9"><num value="431.9">§431.9</num><heading>Minimum Standards for Master Arson Investigator Certification</heading><content>(a) Applicants for Master Arson Investigator Certification must complete the following requirements:(1) hold as a prerequisite an Advanced Arson Investigator Certification as defined in §431.7 of this title (relating to Minimum Standards for Advanced Arson Investigator Certification); and(2) acquire a minimum of twelve years of fire protection experience, and 60 college semester hours or an associate's degree, either of which includes at least 18 college semester hours in fire science or criminal justice subjects.(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Arson Investigator Certification.</content><note type="source"><p>Source Note: The provisions of this §431.9 adopted to be effective November 1, 1998, 23 TexReg 10897; amended to be effective August 20, 2012, 37 TexReg 6314; amended to be effective May 23, 2016, 41 TexReg 3745.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.11"><num value="431.11">§431.11</num><heading>Minimum Standards for Arson Investigator Certification for Law Enforcement Personnel</heading><content>(a) A law enforcement officer employed or commissioned by a law enforcement agency as a peace officer who is designated as an arson investigator by an appropriate local authority is eligible for certification on a voluntary basis by complying with this chapter.(b) An individual holding commission certification as a fire investigator who becomes a law enforcement officer employed or commissioned by a law enforcement agency as a peace officer, and who is designated as an arson investigator by an appropriate local authority will qualify for a similar level arson investigator certification. To obtain an arson investigator certification the individual must make application to the commission to include confirmation of commission.</content><note type="source"><p>Source Note: The provisions of this §431.11 adopted to be effective November 1, 1998, 23 TexReg 10897; amended to be effective May 23, 1999, 24 TexReg 3862; amended to be effective May 21, 2006, 31 TexReg 3903; amended to be effective August 23, 2017, 42 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scA/s431.13"><num value="431.13">§431.13</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved basic fire investigator program and passing the applicable state examination may be granted an IFSAC seal as a Fire Investigator by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §431.13 adopted to be effective July 29, 2002, 27 TexReg 6724; amended to be effective February 17, 2004, 29 TexReg 1414; amended to be effective March 2, 2005, 30 TexReg 1087; amended to be effective March 10, 2011, 36 TexReg 1688; amended to be effective August 26, 2015, 40 TexReg 5343; amended to be effective November 23, 2016, 41 TexReg 9161.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c431/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR FIRE INVESTIGATOR CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c431/scB/s431.201"><num value="431.201">§431.201</num><heading>Minimum Standards for Fire Investigation Personnel</heading><content>(a) Fire protection personnel who receive temporary or probationary appointment to fire investigation duties must be certified as a fire investigator by the Commission within one year of appointment to such duties.(b) Prior to being appointed to fire investigation duties, personnel must:(1) complete a commission approved basic fire investigator training program and successfully pass the commission examination pertaining to that curriculum; or(2) hold current certification as structure fire protection personnel.(c) Individuals holding a Fire Investigator certification shall be required to comply with the continuing education requirements in §441.15 of this title (relating to Continuing Education for Arson Investigator or Fire Investigator).(d) Individuals certified under this subchapter shall limit their investigation to determining fire cause and origin. If evidence of a crime is discovered, custody and control of the investigation shall be immediately transferred to a certified arson investigator or licensed peace officer.(e) Individuals who previously held arson investigator certification, who no longer hold a current commission as a peace officer, will qualify for certification as a fire investigator of similar level upon notice to the commission. To obtain a fire investigator certification the individual will be required to make application to the commission.</content><note type="source"><p>Source Note: The provisions of this §431.201 adopted to be effective November 1, 1998, 23 TexReg 10898; amended to be effective December 27, 2001, 26 TexReg 10619; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective May 21, 2006, 31 TexReg 3903; amended to be effective March 10, 2011, 36 TexReg 1689; amended to be effective August 23, 2017, 42 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scB/s431.203"><num value="431.203">§431.203</num><heading>Minimum Standards for Fire Investigator Certification</heading><content>(a) In order to be certified as a Fire Investigator an individual must complete the requirements specified in §431.3(a)(3) or (4) of this title (relating to Minimum Standards for Basic Arson Investigator Certification).(b) A person who holds or is eligible to hold a certificate as a Fire Investigator may be certified as an Arson Investigator by meeting the requirements of Chapter 431, Subchapter A, but shall not be required to repeat the applicable examination requirements.</content><note type="source"><p>Source Note: The provisions of this §431.203 adopted to be effective November 1, 1998, 23 TexReg 10898; amended to be effective September 2, 2003, 28 TexReg 7402; amended to be effective March 2, 2005, 30 TexReg 1087; amended to be effective May 26, 2005, 30 TexReg 3035; amended to be effective August 17, 2008, 33 TexReg 6603; amended to be effective August 23, 2017, 42 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scB/s431.205"><num value="431.205">§431.205</num><heading>Minimum Standards for Intermediate Fire Investigator Certification</heading><content>(a) Applicants for Intermediate Fire Investigator must complete the following requirements:(1) hold as a prerequisite a Basic Fire Investigator Certification as defined in §431.203 of this title (relating to Minimum Standards for Fire Investigator Certification); and(2) acquire a minimum of four years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from either the A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List or the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Fire Investigator Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §431.205 adopted to be effective August 5, 2004, 29 TexReg 7454.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scB/s431.207"><num value="431.207">§431.207</num><heading>Minimum Standards for Advanced Fire Investigator Certification</heading><content>(a) Applicants for Advanced Fire Investigator must complete the following requirements(1) hold as a prerequisite an Intermediate Fire Investigator Certification as defined in §431.203 of this title (relating to Minimum Standards for Fire Investigator Certification); and(2) acquire a minimum of eight years of fire protection experience and complete the training listed in one of the following options:(A) Option 1--Successfully complete six semester hours of fire science or fire technology from an approved Fire Protection Degree Program and submit documentation as required by the commission that the courses comply with subsections (b) and (c) of this section; or(B) Option 2--Completion of coursework from the either A-List or the B-List courses. Acceptable combinations of courses are as follows: two A-List courses; or eight B-List courses; or one A-List and four B-List courses. (See the exception outlined in subsection (c) of this section); or(C) Option 3--Completion of coursework from either the A-List the B-List courses in combination with college courses in fire science or fire protection. Acceptable combinations of courses are three semester hours meeting the requirements of Option 1 with either one A-List course or four B-List courses. (See the exception outlined in subsection (c) of this section).(b) Non-traditional credit awarded at the college level, such as credit for experience or credit by examination obtained from attending any school in the commission's Certification Curriculum Manual or for experience in the fire service, may not be counted toward this level of certification.(c) The training required in this section must be in addition to any training used to qualify for any lower level of Fire Investigator Certification. Repeating a course or a course of similar content cannot be used towards this level of certification.</content><note type="source"><p>Source Note: The provisions of this §431.207 adopted to be effective August 5, 2004, 29 TexReg 7454; amended to be effective August 23, 2017, 42 TexReg 4141.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scB/s431.209"><num value="431.209">§431.209</num><heading>Minimum Standards for Master Fire Investigator Certification</heading><content>(a) Applicants for Master Fire Investigator Certification must complete the following requirements:(1) hold as a prerequisite an Advanced Fire Investigator Certification as defined in §431.207 of this title (relating to Minimum Standards for Advanced Fire Investigator Certification); and(2) acquire a minimum of twelve years of fire protection experience; and(3) sixty college semester hours or an associate degree, that must include at least eighteen college semester hours in fire science or criminal justice subjects.(b) College level courses from both the upper and lower division may be used to satisfy the education requirement for Master Fire Investigator Certification.</content><note type="source"><p>Source Note: The provisions of this §431.209 adopted to be effective August 5, 2004, 29 TexReg 7454; amended to be effective March 2, 2014, 39 TexReg 1169; amended to be effective May 23, 2016, 41 TexReg 3745.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c431/scB/s431.211"><num value="431.211">§431.211</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal--Fire Investigator</heading><content>Individuals completing a commission approved basic fire investigator program and passing the applicable state examination may be granted an IFSAC seal as a Fire Investigator by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §431.211 adopted to be effective August 5, 2004, 29 TexReg 7454; amended to be effective March 2, 2005, 30 TexReg 1087; amended to be effective March 10, 2011, 36 TexReg 1689; amended to be effective August 26, 2015, 40 TexReg 5343; amended to be effective November 23, 2016, 41 TexReg 9161.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c433"><num value="433">CHAPTER 433</num><heading>DRIVER/OPERATOR</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c433/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR DRIVER/OPERATOR-PUMPER</heading><section identifier="/us/state/tx/tac/t37/p13/c433/scA/s433.1"><num value="433.1">§433.1</num><heading>Driver/Operator-Pumper Certification</heading><content>A driver/operator-pumper is defined as an individual who safely operates a fire pumper in accordance with all state and local laws; operates a fire pump in a safe manner; and determines effective fire stream calculations and pump discharge pressures. Responsibilities include routine apparatus tests, maintenance, inspections, and servicing functions.</content><note type="source"><p>Source Note: The provisions of this §433.1 adopted to be effective May 18, 2017, 42 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c433/scA/s433.3"><num value="433.3">§433.3</num><heading>Minimum Standards for Driver/Operator-Pumper Certification</heading><content>(a) In order to obtain Driver/Operator-Pumper certification, the individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) possess valid documentation as a Driver/Operator-Pumper from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements--General); or(3) complete a commission approved Driver/Operator-Pumper Curriculum and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved driver/operator-pumper program must consist of one of the following:(A) complete a commission approved Driver/Operator-Pumper Curriculum as specified in Chapter 7 of the commission's Certification Curriculum Manual;(B) complete an out-of-state training program that has been submitted to the commission for evaluation and found to be equivalent to or exceeds the commission approved Driver/Operator-Pumper Curriculum; or(C) complete a military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceeds the commission approved Driver/Operator-Pumper Curriculum.(b) Out-of-state or military training programs, which are submitted to the commission for the purpose of determining equivalency, will be considered equivalent if all competencies set forth in Chapter 7 (pertaining to Driver/Operator-Pumper) of the commission's Certification Curriculum Manual are met.</content><note type="source"><p>Source Note: The provisions of this §433.3 adopted to be effective May 18, 2017, 42 TexReg 2568; amended to be effective November 20, 2017, 42 TexReg 6520.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c433/scA/s433.5"><num value="433.5">§433.5</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive driver/operator-pumper certification.(b) Individuals will be permitted to take the commission examination for Driver/Operator-Pumper by documenting, as a minimum, completion of the NFPA 1001 Fire Fighter I training, and completing a commission approved driver/operator-pumper curriculum.</content><note type="source"><p>Source Note: The provisions of this §433.5 adopted to be effective May 18, 2017, 42 TexReg 2568; amended to be effective June 15, 2023, 48 TexReg 2969.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c433/scA/s433.7"><num value="433.7">§433.7</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved driver/operator-pumper program; documenting, as a minimum, an IFSAC seal for Fire Fighter I; and passing the applicable state examination may be granted an IFSAC seal as a Driver/Operator-Pumper by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §433.7 adopted to be effective May 18, 2017, 42 TexReg 2568.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c433/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR DRIVER/OPERATOR-AERIAL APPARATUS</heading><section identifier="/us/state/tx/tac/t37/p13/c433/scB/s433.201"><num value="433.201">§433.201</num><heading>Driver/Operator-Aerial Apparatus Certification</heading><content>A Driver/Operator-Aerial Apparatus is defined as an individual who operates an aerial apparatus safely and in accordance with all state and local laws; safely and correctly maneuvers, positions, stabilizes, and operates an aerial apparatus and device; and effectively deploys and operates an elevated master stream from a water source. Other responsibilities include routine apparatus testing, maintenance, inspections, and servicing functions.</content><note type="source"><p>Source Note: The provisions of this §433.201 adopted to be effective May 18, 2017, 42 TexReg 2568; amended to be effective November 20, 2017, 42 TexReg 6520; amended to be effective August 2, 2018, 43 TexReg 4992.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c433/scB/s433.203"><num value="433.203">§433.203</num><heading>Minimum Standards for Driver/Operator-Aerial Apparatus Certification</heading><content>(a) In order to obtain Driver/Operator-Aerial Apparatus certification, the individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) possess valid documentation as a Driver/Operator-Aerial Apparatus from either:(A) the International Fire Service Accreditation Congress; or(B) The National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2014 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements-General); or(3) complete a commission approved Driver/Operator-Aerial Apparatus training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved driver/operator-aerial apparatus training program must consist of one of the following:(A) completion of an in-state driver/Operator-Aerial Apparatus program meeting the requirements of the applicable NFPA standard and conducted by a commission certified training provider, that was submitted and approved through the commission's training prior approval system; or(B) completion of an out-of-state training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard; or(C) completion of a military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.(b) Out-of-State or military training programs submitted to the commission for the purpose of determining equivalency will be considered equivalent if the training addresses all job performance requirements of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §433.203 adopted to be effective May 18, 2017, 42 TexReg 2568; amended to be effective November 20, 2017, 42 TexReg 6520.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c433/scB/s433.205"><num value="433.205">§433.205</num><heading>Examination Requirements</heading><content>(a) Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive Driver/Operator-Aerial Apparatus certification.(b) Individuals will be permitted to take the commission examination for Driver/Operator-Aerial Apparatus by documenting, as a minimum, completion of the NFPA 1001 Fire Fighter I training, and completing a commission approved Driver/Operator-Aerial Apparatus training program.</content><note type="source"><p>Source Note: The provisions of this §433.205 adopted to be effective May 18, 2017, 42 TexReg 2568.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c433/scB/s433.207"><num value="433.207">§433.207</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Driver/Operator-Aerial program; documenting an NFPA 1001 Fire Fighter I IFSAC seal and passing the applicable state examination, may be granted an IFSAC seal for Driver/Operator-Aerial by making application to the commission for the IFSAC seal and paying applicable fees. Individuals must submit the application and fee for the seal prior to the expiration of the examination in order to qualify for the IFSAC seal.</content><note type="source"><p>Source Note: The provisions of this §433.207 adopted to be effective May 20, 2018, 43 TexReg 3104; amended to be effective December 2, 2019, 44 TexReg 7413.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c435"><num value="435">CHAPTER 435</num><heading>FIRE FIGHTER SAFETY</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c435/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.1"><num value="435.1">§435.1</num><heading>Protective Clothing</heading><content>(a) A regulated entity shall: (1) purchase, rent, lease, provide, and maintain a complete set of protective clothing for each fire protection person who would be exposed to hazardous conditions from fire or other emergencies or where the potential for such exposure exists. A complete set of properly fitting protective clothing shall consist of garments, including bunker coats, bunker pants, boots, gloves, helmets, and protective hoods, worn by fire protection personnel in the course of performing fire-fighting operations; (2) ensure that all protective clothing complies with the minimum standards of the National Fire Protection Association suitable for the tasks the individual is expected to perform. The National Fire Protection Association standard applicable to protective clothing is the standard in effect at the time the entity contracts for new, repaired, or used protective clothing; and (3) maintain, provide to the commission upon request, and comply with a departmental standard operating procedure regarding the use, selection, care, and maintenance of protective clothing which complies with NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protective Ensembles or its successor.(b) To ensure that protective clothing for fire protection personnel continues to be suitable for assigned tasks, risk assessments must be conducted in accordance with NFPA 1851, Standard on Selection, Care, and Maintenance of Structural Fire Fighting Protective Ensembles or its successor .</content><note type="source"><p>Source Note: The provisions of this §435.1 adopted to be effective November 1, 1998, 23 TexReg 10899; amended to be effective May 23, 1999, 24 TexReg 3863; amended to be effective March 8, 2001, 26 TexReg 2044; amended to be effective March 24, 2002, 27 TexReg 2242; amended to be effective March 10, 2003, 28 TexReg 2123; amended to be effective February 23, 2009, 34 TexReg 1259; amended to be effective November 2, 2011, 36 TexReg 7362; amended to be effective June 3, 2012, 37 TexReg 3861; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective August 26, 2015, 40 TexReg 5344; amended to be effective August 2, 2018, 43 TexReg 4992; amended to be effectiveFebruary 24, 2021, 46 TexReg 1251; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.3"><num value="435.3">§435.3</num><heading>Self-Contained Breathing Apparatus</heading><content>The regulated entity shall:(1) provide and maintain a complete self-contained breathing apparatus that complies with the minimum standards of the National Fire Protection Association identified in NFPA 1981, Standard on Open-Circuit Self-Contained Breathing Apparatus for Fire Fighters or its successor for each on-duty fire protection person who engages in operations where IDLH atmospheres may be encountered, where the atmosphere is unknown or would be exposed to hazardous atmospheres from fire or other emergencies, or where the potential for such exposure exists;(2) the National Fire Protection Association standard applicable to a self-contained breathing apparatus is the standard in effect at the time the entity contracts for new, rebuilt, repaired, or used self-contained breathing apparatus;(3) an entity may continue to use a self-contained breathing apparatus in use or contracted for before a change in the National Fire Protection Association standard, unless the commission determines that the continued use of the self-contained breathing apparatus constitutes an undue risk to the wearer, in which case the commission shall order that the use be discontinued and shall set an appropriate date for compliance with the revised standard;(4) develop an air quality program that complies with the most recent edition of the NFPA 1989, Standard on Breathing Air Quality for Emergency Services Respiratory Protection or its successor;(5) maintain and supply, upon request by the commission, records and reports documenting compliance with commission requirements concerning self-contained breathing apparatus and breathing air. Records of all tests shall be made and the records shall be retained for a period of no less than three years; (6) maintain and provide, upon request by the commission, the entity's standard operating procedure regarding the use of self-contained breathing apparatus; and (7) maintain and provide, upon request by the commission, the entity's standard operating procedure regarding the selection, care, and maintenance of self-contained breathing apparatus that complies with the most recent edition of the NFPA 1852, Standard on Selection, Care, and Maintenance of Open-Circuit Self-Contained Breathing Apparatus (SCBA) or its successor.</content><note type="source"><p>Source Note: The provisions of this §435.3 adopted to be effective November 1, 1998, 23 TexReg 10899; amended to be effective May 23, 1999, 24 TexReg 3863; amended to be effective October 11, 2000, 25 TexReg 10189; amended to be effective March 24, 2002, 27 TexReg 2242; amended to be effective March 10, 2003, 28 TexReg 2123; amended to be effective November 15, 2003, 28 TexReg 9885; amended to be effective November 8, 2005, 30 TexReg 7238; amended to be effective November 28, 2007, 32 TexReg 8531; amended to be effective August 17, 2008, 33 TexReg 6604; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.5"><num value="435.5">§435.5</num><heading>Commission Recommendations</heading><content>The commission recommends that all regulated entities use as a guide the NFPA 1500, Fire Department Occupational Safety and Health Program or its successor.</content><note type="source"><p>Source Note: The provisions of this §435.5 adopted to be effective November 1, 1998, 23 TexReg 10899; amended to be effective March 27, 2006, 31 TexReg 2699; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.7"><num value="435.7">§435.7</num><heading>Implementation of Mandatory NFPA Standards</heading><content>(a) Allow implementation of TCFP-mandated NFPA standards at the Commissioner's discretion up to 365 days from the effective date of the new NFPA standard.(b) Extensions to meet mandated NFPA standards may be granted upon plan submission and Commission approval.(c) Insufficient funding will not justify delays.(d) Subsection (b) of this section expires on September 1, 2027.</content><note type="source"><p>Source Note: The provisions of this §435.7 adopted to be effective November 1, 1998, 23 TexReg 10899; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective December 8, 2022, 47 TexReg 8048; amended to be effective February 12, 2026, 51 TexReg 755.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.9"><num value="435.9">§435.9</num><heading>Personal Alert Safety System (PASS)</heading><content>The regulated entity shall: (1) provide and maintain a PASS device complying with the minimum standards of the National Fire Protection Association identified in NFPA 1982, Standard on Personal Alert Safety Systems (PASS) for Fire Fighters or its successor for each on-duty fire protection person who engages in operations where IDLH atmospheres may be encountered, or where the atmosphere is unknown, or where hazardous conditions from fire or other emergencies exist, or where the potential for such exposure exists; (2) ensure that all PASS devices used by fire protection personnel comply with the minimum standards of the National Fire Protection Association identified in NFPA 1982, Standard on Personal Alert Safety Systems (PASS) for Fire Fighters. The National Fire Protection Association standard applicable to a PASS device is the standard in effect at the time the entity contracts for new, rebuilt, repaired, or used PASS devices; (3) ensure that the PASS device assigned to an individual user be inspected at the beginning of each duty period and before each use; and(4) maintain and provide, upon request by the commission, the entity's standard operating procedure regarding the proper use, selection, care, and maintenance of PASS devices.</content><note type="source"><p>Source Note: The provisions of this §435.9 adopted to be effective March 24, 2002, 27 TexReg 2242; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.11"><num value="435.11">§435.11</num><heading>Incident Management System (IMS)</heading><content>(a) The regulated entity shall develop, maintain, and use an incident management system. (b) The incident management system shall: (1) include a written standard operating procedure for the management of emergency incidents; (2) require that the IMS be used at all emergency incidents; (3) require operations to be conducted in a manner that recognizes hazards and assists in the prevention of accidents and injuries; (4) require that all fire protection personnel be trained in the use of the IMS; and (5) require that the IMS be applied to all drills, exercises, and all other situations that involve hazards similar to those encountered at an actual emergency. (c) The IMS shall meet the requirements of NFPA 1561, Standard on Emergency Services Incident Management System and Command Safety or its successor.</content><note type="source"><p>Source Note: The provisions of this §435.11 adopted to be effective March 24, 2002, 27 TexReg 2242; amended to be effective March 2, 2005, 30 TexReg 1088; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.13"><num value="435.13">§435.13</num><heading>Personnel Accountability System</heading><content>(a) The regulated entity shall develop, maintain, and use a personnel accountability system that provides for a rapid accounting of all personnel at an emergency incident. (b) The accountability system shall: (1) require all fire protection personnel be trained in the use of the accountability system; (2) require that the fire protection personnel accountability system be used at all incidents; (3) require that all fire protection personnel operating at an emergency incident to actively participate in the personnel accountability system; and (4) require that the incident commander be responsible for the overall personnel accountability system for the incident. (c) The fire department shall be responsible for developing the system components required to make the personnel accountability system effective. (d) The personnel accountability system shall meet the minimum standards required by the NFPA 1561, Standard on Emergency Services Incident Management System and Command Safety or its successor.</content><note type="source"><p>Source Note: The provisions of this §435.13 adopted to be effective March 24, 2002, 27 TexReg 2242; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.15"><num value="435.15">§435.15</num><heading>Operating At Emergency Incidents</heading><content>(a) The regulated entity shall develop, maintain, and use a standard operating procedure for fire protection personnel operating at emergency incidents.(b) The standard operating procedure shall:(1) specify an adequate number of personnel to safely conduct emergency scene operations;(2) limit operations to those that can be safely performed by personnel at the scene;(3) require all personnel to be trained in and use the standard operating procedures; and(4) comply with §435.17 of this title (relating to Procedures for Interior Structural Fire Fighting (2-In/2-Out Rule)).(c) The regulated entity may use standards established by the National Fire Protection Association for fire protection personnel operating at an emergency incident.</content><note type="source"><p>Source Note: The provisions of this §435.15 adopted to be effective March 24, 2002, 27 TexReg 2242; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.17"><num value="435.17">§435.17</num><heading>Procedures for Interior Structural Fire Fighting (2-In /2-Out Rule)</heading><content>(a) The regulated entity shall develop, maintain, and comply with written standard operating procedures that adhere with the Occupational Safety and Health Administration's Final Rule, 29 CFR Section 1910.134(g)(4) by requiring:(1) a team of at least four fire protection personnel must be assembled before an interior fire attack can be made when the fire has progressed beyond the incipient stage;(2) at least two fire protection personnel to enter the IDLH atmosphere and remain in visual or voice (not radio) contact with each other;(A) visual means that the fire protection personnel must be close enough to see each other; and(B) voice means that the fire protection personnel of the entry team must be close enough to speak to one another without the use of radios;(3) at least two fire protection personnel remain located outside the IDLH atmosphere to perform rescue of the fire protection personnel inside the IDLH atmosphere;(4) all fire protection personnel engaged in interior structural fire fighting use self-contained breathing apparatus and be clothed in a complete set of protective clothing as identified in Chapter 435;(5) all fire protection personnel located outside the IDLH atmosphere be equipped with appropriate retrieval equipment where retrieval equipment would contribute to the rescue of the fire protection personnel who have entered the IDLH atmosphere;(6) one of the outside fire protection personnel must actively monitor the status of the inside fire protection personnel and not be assigned other duties. The second outside fire protection personnel may be assigned to an additional role, including, but not limited to, incident commander, safety officer, driver-operator, command technician or aide, or fire fighter/EMS personnel, so long as this individual is able to perform assistance or rescue activities without jeopardizing the safety or health of any fire protection personnel working at the scene;(7) All fire protection personnel entering an IDLH atmosphere must be equipped with an operable portable radio; and(8) each outside fire protection personnel must have a complete set of protective clothing and self-contained breathing apparatus, as identified in Chapter 435, immediately accessible for use if the need for rescue activities inside the IDLH atmosphere is necessary.(b) The regulated entity shall comply with the 2-in/2-out rule as described in this section except in a reasonable belief of an imminent life-threatening situation when immediate action could prevent the loss of life or serious injury before the team of four fire protection personnel are assembled.(c) Whenever there is a variance to these procedures, a supplemental report must be submitted to the Texas Commission on Fire Protection, documenting the rationale used to deviate from these written procedures.</content><note type="source"><p>Source Note: The provisions of this §435.17 adopted to be effective March 24, 2002, 27 TexReg 2242; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.19"><num value="435.19">§435.19</num><heading>Enforcement of Commission Rules</heading><content>(a) The commission shall enforce all commission rules at any time, including, but not limited to, commission investigations, fire department inspections, or upon receiving a complaint from any person or entity of an alleged infraction of a commission rule.(b) The commission shall initiate a biennial inspection with an email, notifying the fire department and requesting electronic copies of the Standard Operating Procedures (SOPs), training records, and/or other documentation needed for review be submitted within 48 business hours of notification. The email will also indicate the date range for an on-site inspection within the upcoming two-week period. Compliance officers may work with the Head of Department to ensure all necessary department representatives will be present at the time of the inspection. Compliance Officers may postpone an inspection for extenuating circumstances with the Compliance Manager's approval.(c) Upon receipt of a complaint alleging a violation of a commission rule, the commission shall have 30 days to initiate an investigation and report back to the complainant its progress.(d) Upon substantiating the validity of a complaint, the commission shall follow the procedures outlined in Texas Government Code, Chapter 419, §419.011(b) and (c).</content><note type="source"><p>Source Note: The provisions of this §435.19 adopted to be effective March 24, 2002, 27 TexReg 2242; amended to be effective November 28, 2007, 32 TexReg 8531; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective August 11, 2021, 46 TexReg 4857; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.21"><num value="435.21">§435.21</num><heading>Fire Service Joint Labor Management Wellness-Fitness Initiative</heading><content>(a) A regulated entity shall assess the wellness and fitness needs of the personnel in the department. The procedure used to make this assessment shall be written and made available for Commission inspection.(b) A regulated entity shall develop and maintain a standard operating procedure to address those needs.(c) The approach to the fitness needs of the regulated entity shall be based on the local assessment and local resources.(d) The standard operating procedure shall be made available to the Commission for inspection.</content><note type="source"><p>Source Note: The provisions of this §435.21 adopted to be effective March 27, 2006, 31 TexReg 2699; amended to be effective July 19, 2007, 32 TexReg 4447; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.23"><num value="435.23">§435.23</num><heading>Fire Protection Personnel Injuries</heading><content>(a) A regulated entity shall report all Texas Workers' Compensation Commission reportable injuries that occur to on-duty regulated fire protection personnel on the Commission form.(b) Minor injuries are those injuries that do not result in the fire protection personnel missing more than one duty period or does not involve the failure of personal protective equipment. Minor injuries shall be reported within 30 business days of the injury event.(c) Major injuries are those that require the fire protection personnel to miss more than one duty period. Major injuries shall be reported within five business days of the injury event.(d) Investigatable fire protection personnel injuries are those resulting from the malfunction of personal protective equipment, failure of personal protective equipment to protect the fire protection personnel from injury, or injuries sustained from failure to comply with any provision of Commission mandated department SOPs. Investigatable injuries shall be reported within five business days of the injury event.(e) The regulated entity shall secure any personal protective equipment involved in an investigatable fire protection personnel injury and shall be made available to the Commission for inspection.</content><note type="source"><p>Source Note: The provisions of this §435.23 adopted to be effective February 17, 2010, 35 TexReg 1289; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.25"><num value="435.25">§435.25</num><heading>Courage to be Safe So Everyone Goes Home Program</heading><content>(a) All fire protection personnel will be required to complete the National Fallen Firefighters Foundation's "Courage to be Safe So Everyone Goes Home" program training within one year following appointment to a regulated entity if the individual has not previously completed the program. Individuals will be credited with four hours of continuing education credit for completing this program.(b) Regulated entities will report the completion of training through the commission's web-based reporting system.(c) Failure to complete the National Fallen Firefighters Foundation's "Courage to be Safe So Everyone Goes Home" program before the required deadline will be considered a violation of continuing education rules found in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §435.25 adopted to be effective March 10, 2011, 36 TexReg 1689; amended to be effective June 12, 2013, 38 TexReg 3653; amended to be effective November 23, 2016, 41 TexReg 9162; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.27"><num value="435.27">§435.27</num><heading>Live Fire Training Structure Evolutions</heading><content>The most current edition of NFPA 1403, Standard on Live Fire Training Evolutions or its successor, shall be used as a guide when developing standard operating procedures for conducting live fire training. The following requirements shall apply for all Live Fire Training Structure Evolutions conducted. (1) The officer- or instructor-in-charge will ensure that the water supply rate and duration for each individual Live Fire Training Structure Evolution is adequate to control and extinguish the training fire, the supplies necessary for backup lines to protect personnel, and any water needed to protect exposed property. (2) The instructor-in-charge shall assign the following personnel: (A) one instructor to each functional crew, which shall not exceed five students;(B) one instructor to each backup line;(C) additional personnel to backup lines to provide mobility; and(D) one additional instructor for each additional functional assignment. (3) The officer- or instructor-in-charge will ensure that the buildings or props being utilized for live fire training are in a condition that would not pose an undue safety risk. (4) A safety officer shall be appointed for all Live Fire Training Structure Evolutions. The safety officer shall have the authority, regardless of rank, to alter, suspend, or control any aspect of the operations when, in his or her judgment, a potential or actual danger, accident, or unsafe condition exists. The safety officer shall not be assigned other duties that interfere with safety responsibilities. (5) No person(s) shall play the role of a victim inside the building. (6) Prior to the ignition of any fire, instructors shall ensure that all personal protective clothing and/or self-contained breathing apparatus are NFPA compliant and being worn in the proper manner. (7) Prior to conducting any live fire training, a pre-burn briefing session shall be conducted. All participants shall be required to conduct a walk-through of the structure in order to have a knowledge of, and familiarity with, the layout of the building and to be able to facilitate any necessary evacuation of the building. (8) A standard operating procedure shall be developed and utilized for Live Fire Training Structure Evolutions. The standard operating procedure shall include, but not be limited to: (A) a Personal Alert Safety System (PASS). A PASS device shall be provided for all participating in live fire training and shall meet the requirements in §435.9 of this title (relating to Personal Alert Safety System (PASS)); (B) a Personnel Accountability System that complies with §435.13 of this title (relating to Personnel Accountability System) shall be utilized;(C) an Incident Management System; (D) use of personal protective clothing and self-contained breathing apparatus; (E) an evacuation signal and procedure; and (F) pre-burn, burn, and post-burn procedures.</content><note type="source"><p>Source Note: The provisions of this §435.27 adopted to be effective November 1, 2011, 36 TexReg 7362; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.29"><num value="435.29">§435.29</num><heading>Federal Highway Administration Traffic Incident Management Program</heading><content>(a) All fire protection personnel will be required to complete the Federal Highway Administration Traffic Incident Management program training or an equivalent course that is approved by the commission within one year of appointment to a regulated entity. Individuals will be credited with four hours of continuing education credit for completing this program.(b) Departments will report the completion of training through the commission's web-based reporting system.(c) Failure to complete the Federal Highway Administration Traffic Incident Management program or an equivalent course that is approved by the commission before the required deadline will be considered a violation of continuing education rules found in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §435.29 adopted to be effective August 26, 2015, 40 TexReg 5344; amended to be effective December 8, 2022, 47 TexReg 8048.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c435/sc/s435.31"><num value="435.31">§435.31</num><heading>Firefighter Cancer Support Network Cancer Awareness Training Program</heading><content>(a) In an effort to improve firefighter safety in the State of Texas, all regulated entities will ensure that the Firefighter Cancer Support Network Cancer Awareness Training program be completed as part of the continuing education required for certified fire protection personnel by December 1, 2024. Individuals will be credited with 2 hours of continuing education credit for completing this program.(b) All regulated fire protection personnel must complete the Firefighter Cancer Support Network Cancer Awareness Training program prior to December 1, 2024.(c) All fire protection personnel appointed after December 1, 2024, will be required to complete the Firefighter Cancer Support Network Cancer Awareness Training program training within one year of appointment to a fire department.(d) Departments will report the completion of training through the commission's web-based reporting system.(e) Failure to complete the Firefighter Cancer Support Network Cancer Awareness Training program before the required deadline will be considered a violation of continuing education rules found in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §435.31 adopted to be effective December 8, 2022, 47 TexReg 8048.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c437"><num value="437">CHAPTER 437</num><heading>FEES</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c437/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.1"><num value="437.1">§437.1</num><heading>Purpose and Scope</heading><content>(a) The purpose of this chapter is to set forth requirements governing the fees charged by the commission as prescribed by Texas Government Code, Chapter 419, §419.025 and §419.026, and commission rule.(b) This chapter shall govern all proceedings before and dealing with the commission concerning fees. Hearings and appellate proceedings regarding these fees shall be governed by this chapter where applicable and by the rules of the practice and procedure of the commission and the Administrative Procedure Act and Texas Register Act, Chapter 2001, of the Texas Government Code.(c) If a fee submitted in the form of a check is returned for insufficient funds the certification, seal or test for which the fee was collected will be invalidated.(d) Additional fees, such as those charged for exam administration or criminal background checks, may be charged to applicants and regulated entities by service providers other than the commission. The commission does not charge and will not collect these additional fees. Payment of the additional fees shall be made via a separately established agreement between the individual or regulated entity and the applicable service provider.</content><note type="source"><p>Source Note: The provisions of this §437.1 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective May 21, 2006, 31 TexReg 3904; amended to be effective March 10, 2011, 36 TexReg 1689; amended to be effective March 2, 2014, 39 TexReg 1170.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.3"><num value="437.3">§437.3</num><heading>Certification Application Processing Fees</heading><content>(a) A non-refundable application processing fee of $85 is required for each certificate issued by the Commission. If a certificate is issued within the time provided in §401.125 of this title (relating to Processing Periods), the fee will be applied to the certification. If the certificate is denied, the applicant must pay a new certification application processing fee to file a new application.(b) The regulated employing entity shall be responsible for all certification application processing fees required as a condition of appointment.(c) Nothing in this section shall prohibit an individual from paying a certification application processing fee for any certificate which he or she is qualified to hold, providing the certificate is not required as a condition of appointment (see subsection (b) of this section concerning certification fees).(d) A facility that provides training for any discipline for which the Commission has established a curriculum must be certified by the Commission. The training facility will be charged a separate certification application processing fee for each discipline or level of discipline for which application is made.(e) The certification application processing fee is waived for a military service member, military veteran, or military spouse.</content><note type="source"><p>Source Note: The provisions of this §437.3 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective May 23, 1999, 24 TexReg 3863; amended to be effective October 11, 2000, 25 TexReg 10189; amended to be effective March 8, 2001, 26 TexReg 2045; amended to be effective March 24, 2002, 27 TexReg 2244; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective May 21, 2006, 31 TexReg 3904; amended to be effective August 10, 2009, 34 TexReg 5412; amended to be effective June 7, 2011, 36 TexReg 3504; amended to be effective August 22, 2011, 36 TexReg 5216; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective February 10, 2016, 41 TexReg 980; amended to be effective February 15, 2026, 51 TexReg 755.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.5"><num value="437.5">§437.5</num><heading>Renewal Fees</heading><content>(a) A non-refundable annual renewal fee of $60 shall be assessed for each certified individual and certified training facility. If an individual or certified training facility holds more than one certificate, the commission may collect only one renewal fee of $60, which will renew all certificates held by the individual or certified training facility.(b) A regulated employing entity shall pay the renewal fee for each individual who is required to possess certification as a condition of employment.(c) If a person re-enters the fire service whose certificate(s) has been expired for less than one year, the regulated entity must pay all applicable renewal fee(s) and any applicable additional fee(s). Upon payment of the required fees, the certificates previously held by the individual, for which he or she continues to qualify, will be renewed.(d) If a person wishes to renew a certificate(s) which has been expired less than one year and the individual is not employed by a regulated employing entity as defined in subsection (b) of this section, the individual must pay all applicable renewal fee(s) and any applicable additional fee(s). Upon payment of the required fee(s), the certificate(s) previously held by the individual, for whom he or she continues to qualify, will be renewed.(e) Nothing in this section shall prohibit an individual from paying a renewal fee for any certificate which he or she is qualified to hold, providing the certificate is not required as a condition of employment.(f) Certification renewal information will be sent to all regulated employing entities and individuals holding certification at least 60 days prior to October 31 of each calendar year. Certification renewal information will be sent to certified training facilities at least 60 days prior to February 1 of each calendar year.(g) If renewal payment is submitted by mail, all certification renewal fees must be submitted with the renewal invoice to the commission.(h) All certification renewal fees must be paid on or before the last day of the certification period (see subsection (i) of this section) to avoid additional fee(s).(i) The certification period shall be a period not to exceed one year. The certification period for employees of regulated employing entities and individuals holding certification is November 1 to October 31. The certification period of certified training facilities is February 1 to January 31.(j) All certification renewal fees received from one to 30 days after the last day of the certification period will cause the individual or entity responsible for payment to be assessed a non-refundable late fee of $30 in addition to the renewal fee for each individual or training provider for which a renewal fee was due.(k) All certification renewal fees received more than 30 days after the last day of the certification period will cause the individual or entity responsible for payment to be assessed a non-refundable late fee of $60 in addition to the renewal fee for each individual or training provider for which a renewal fee was due.(l) In addition to any non-refundable late fee(s) assessed for certification renewal, the commission may hold an informal conference to determine if any further action(s) is to be taken.(m) An individual or entity may petition the commission for a waiver of the late fees required by this section if the person's certificate expired because of the individual or regulated employing entity's good faith clerical error or expired as a result of termination of the person's employment where the person has been restored to employment through a disciplinary procedure or a court action.(1) Applicants claiming good faith clerical error must submit a sworn statement together with any supporting documentation that evidences the applicant's good faith efforts to comply with commission renewal requirements and that failure to comply was due to circumstances beyond the control of the applicant.(2) Applicants claiming restoration to employment as a result of a disciplinary or court action must submit a certified copy of the order restoring the applicant to employment.(n) An individual, who is a military service member, or returning from activation to military service, must notify the commission in writing if the individual wishes to renew an expired certification. Provided other qualifications for renewal are met, the individual will have any normally associated late fees waived and will be required to pay a renewal fee of $60.</content><note type="source"><p>Source Note: The provisions of this §437.5 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective March 8, 2001, 26 TexReg 2045; amended to be effective July 29, 2002, 27 TexReg 6725; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective November 15, 2003, 28 TexReg 9886; amended to be effective March 2, 2005, 30 TexReg 1088; amended to be effective July 27, 2005, 30 TexReg 4216; amended to be effective May 21, 2006, 31 TexReg 3904; amended to be effective August 10, 2009, 34 TexReg 5412; amended to be effective March 10, 2011, 36 TexReg 1689; amended to be effective June 7, 2011, 36 TexReg 3504; amended to be effective August 22, 2011, 36TexReg 5216; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective February 10, 2016, 41 TexReg 980; amended to be effective May 23, 2016, 41 TexReg 3746; amended to be effective May 22, 2022, 47 TexReg 2890.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.7"><num value="437.7">§437.7</num><heading>Standards Manual and Certification Curriculum Manual Fees</heading><content>(a) Current versions of the Standards Manual for Fire Protection Personnel and Certification Curriculum Manual are available on the commission's website.(b) The commission does not provide printed copies of the manuals. A printed copy of the commission's standards may be obtained from Thomson West, 610 Opperman Drive, Eagan, MN 55123, by requesting "Title 37, Public Safety and Corrections" of the Texas Administrative Code. The web address for Thomson West is www.thomsonreuters.com.</content><note type="source"><p>Source Note: The provisions of this §437.7 adopted to be effective March 8, 2001, 26 TexReg 2045; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective May 21, 2006, 31 TexReg 3904; amended to be effective July 19, 2007, 32 TexReg 4447; amended to be effective March 10, 2011, 36 TexReg 1689; amended to be effective August 22, 2011, 36 TexReg 5216; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective March 16, 2023, 48 TexReg 1451.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.11"><num value="437.11">§437.11</num><heading>Copying Fees</heading><content>(a) All photographic reproduction of records or documents in the files of the commission and prepared on standard office machines will be furnished for a fee.(b) A fee will be charged for address and telephone number lists of fire service agencies.(c) A fee will be charged for mailing peel-off labels of fire service agencies.</content><note type="source"><p>Source Note: The provisions of this §437.11 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective May 21, 2006, 31 TexReg 3904.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.13"><num value="437.13">§437.13</num><heading>Processing Fees for Test Application</heading><content>(a) A non-refundable application processing fee of $55 shall be charged for each examination.(b) A non-refundable application processing fee of $35 shall be charged for each sectional examination.(c) Fees will be paid in advance with the application or the certified training provider may be invoiced or billed if previous arrangements have been approved by the commission in writing via mail, e-mail or fax.(1) Any payment postmarked from 61 to 90 days after the invoice date will cause the provider of training to be assessed a non-refundable late fee of one half the amount shown on the invoice. This late fee is in addition to the amount shown on the invoice for test application processing fees.(2) Any payment postmarked more than 90 days after the invoice date will cause the provider of training to be assessed a non-refundable late fee in an amount equal to the amount shown on the invoice. This late fee is in addition to the amount shown on the invoice for test application processing fees.(d) The test application processing fee is waived for a military service member or military veteran whose military service, training, or education substantially meets the training requirements for a commission examination. This subsection applies to initial examinations for certifications required by commission rules for appointment to duties. Retests following a failed initial examination or an examination to regain a certification that was lost are not included.(e) The test application processing fee is waived for a military service member, military veteran, or military spouse who holds a current license or certification issued by another jurisdiction that has requirements substantially equivalent to the training requirements for a commission examination. This subsection applies to initial examinations for certifications required by commission rules for appointment to duties. Retests following a failed initial examination or an examination to regain a certification that was lost are not included.</content><note type="source"><p>Source Note: The provisions of this §437.13 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective October 11, 2000, 25 TexReg 10189; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective November 15, 2003, 28 TexReg 9886; amended to be effective May 21, 2006, 31 TexReg 3904; amended to be effective November 28, 2007, 32 TexReg 8531; amended to be effective August 10, 2009, 34 TexReg 5412; amended to be effective June 7, 2011, 36 TexReg 3504; amended to be effective August 22, 2011, 36 TexReg 5216; amended to be effective August 5, 2013, 38 TexReg 4908; amended to be effective February 10, 2016, 41 TexReg 980; amendedto be effective January 1, 2017, 41 TexReg 5765; amended to be effective May 20, 2018, 43 TexReg 3105.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.15"><num value="437.15">§437.15</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal Fees</heading><content>A non-refundable $30 fee shall be charged for each IFSAC seal issued by the commission.</content><note type="source"><p>Source Note: The provisions of this §437.15 adopted to be effective November 1, 1998, 23 TexReg 10900; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective March 2, 2005, 30 TexReg 1088; amended to be effective February 17, 2008, 33 TexReg 1133; amended to be effective October 1, 2012, 37 TexReg 6314; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective May 22, 2022, 47 TexReg 2890.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.17"><num value="437.17">§437.17</num><heading>Records Review Fees</heading><content>(a) A non-refundable fee of $75 shall be charged for each training records review conducted by the commission for the purpose of determining equivalency to the appropriate commission training program or to establish eligibility to test. Applicants submitting training records for review shall receive a written analysis from the commission.(b) The fee provided for in this section shall not apply to an individual who holds an advanced or Fire Fighter II certificate from the State Firefighters' and Fire Marshals' Association of Texas.</content><note type="source"><p>Source Note: The provisions of this §437.17 adopted to be effective March 1, 1999, 24 TexReg 791; amended to be effective December 24, 2002, 27 TexReg 12007; amended to be effective June 17, 2003, 28 TexReg 4566; amended to be effective February 17, 2004, 29 TexReg 1414; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective March 16, 2023, 48 TexReg 1451.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c437/sc/s437.19"><num value="437.19">§437.19</num><heading>Early Review Fees</heading><content>A non-refundable fee of $75 will be charged for each early review conducted by the commission for the purpose of determining the eligibility of a person to be certified by the commission based upon a review of their criminal history.</content><note type="source"><p>Source Note: The provisions of this §437.19 adopted to be effective January 26, 2017, 42 TexReg 244.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c439"><num value="439">CHAPTER 439</num><heading>EXAMINATIONS FOR CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c439/scA"><num value="A">SUBCHAPTER A</num><heading>EXAMINATIONS FOR ON-SITE DELIVERY TRAINING</heading><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.1"><num value="439.1">§439.1</num><heading>Requirements--General</heading><content>(a) The administration of examinations for certification, including performance skill evaluations, shall be conducted in compliance with commission rules and; as applicable, with:(1) International Fire Service Accreditation Congress (IFSAC) regulations; or(2) National Board on Fire Service Professional Qualifications (Pro Board) regulations for examinations administered by the Texas A&M Engineering Extension Service. Only Pro Board examinations administered by the Texas A&M Engineering Extension Service will be accepted by the commission for certification. In order for a Pro Board document to be accepted for certification, it must:(A) List the commission issued course approval number for which the examination was conducted;(B) Indicate that the examination was conducted in English; and(C) List any special accommodations provided to the examinee. The commission may not issue a certificate for an examination conducted under special accommodations other than those specified in §439.13 of this title (relating to Special Accommodations for Testing).(b) It is incumbent upon commission staff, committee members, training officers and field examiners to maintain the integrity of the state certification examination process (or portion thereof) for which they are responsible.(c) The commission shall reserve the authority to conduct an annual review of Pro Board examinations, procedures, test banks, and facilities utilized by the Texas A&M Engineering Extension Service. The commission may also conduct a review at any time for cause and as deemed necessary to ensure the integrity of the certification examination process.(d) Exams will be based on the job performance requirements and knowledge and skill components of the applicable NFPA standard for that discipline, if a standard exists and has been adopted by the commission. If a standard does not exist or has not been adopted by the commission, the exam will be based on curricula as currently adopted in the commission's Certification Curriculum Manual.(e) Commission examinations that receive a passing grade shall expire two years from the date of the examination.(f) An examination for Basic Structure Fire Protection shall consist of four sections: Fire Fighter I, Fire Fighter II, Hazardous Materials Awareness Level, and Hazardous Materials Operations Level including the Mission-Specific Competencies for Personal Protective Equipment and Product Control. The examinee must pass each section of the examination with a minimum score of 70% in order to qualify for certification.(g) An examination for Basic Fire Inspector shall consist of two sections: Inspector I, and Inspector II. The examinee must pass each section of the examination with a minimum score of 70% in order to qualify for certification.(h) An examination for Basic Structure Fire Protection and Intermediate Wildland Fire Protection shall consist of five sections: Fire Fighter I, Fire Fighter II, First Responder Awareness, First Responder Operations, and Intermediate Wildland Fire Protection. The examinee must pass each section of the examination with a minimum score of 70% in order to qualify for certification.(i) All other state examinations consist of only one section.(j) The individual who fails to pass a commission examination for state certification will be given one additional opportunity to pass the examination or section(s) thereof. This opportunity must be exercised within 180 days after the date of the first failure. An examinee who fails to pass the examination within the required time may not sit for the same examination again until the examinee has re-qualified by repeating the curriculum applicable to that examination.(k) An individual may obtain a new certificate in a discipline which was previously held by passing a commission proficiency examination.(l) If an individual who has never held certification in a discipline defined in §421.5 of this title (relating to Definitions), seeks certification in that discipline, the individual shall complete all certification requirements.(m) If an individual completes a commission approved training program, or a program that has been evaluated and deemed equivalent to a certification curriculum approved by the commission, such as an out-of-state or military training program or a training program administered by the State Firemen's and Fire Marshals' Association of Texas, the individual may use only one of the following examination processes for certification:(1) pass a commission examination; or(2) submit documentation of the successful completion of the Pro Board examination process administered by the Texas A&M Engineering Extension Service; and(3) meet any other certification requirements in order to become eligible for certification as fire protection personnel.(4) An individual cannot use a combination of the two examination processes in this subsection from a single commission approved class for certification. An individual who chooses to submit to the commission examination process may not utilize the other process toward certification.(n) An individual or entity may petition the commission for a waiver of the examination required by this section if the person's certificate expired because of the individual's or employing entity's good faith clerical error or expired as a result of termination of the person's employment where the person has been restored to employment through a disciplinary procedure or a court action. All required renewal fees including applicable late fees and all required continuing education must be submitted before the waiver request may be considered.(1) Applicants claiming good faith clerical error must submit a sworn statement together with any supporting documentation that evidences the applicant's good faith efforts to comply with commission renewal requirements and that failure to comply was due to circumstances beyond the control of the applicant.(2) Applicants claiming restoration to employment as a result of a disciplinary or court action must submit a certified copy of the order, ruling or agreement restoring the applicant to employment.</content><note type="source"><p>Source Note: The provisions of this §439.1 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective December 3, 2006, 31 TexReg 9619; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective August 20, 2012, 37 TexReg 6315; amended to be effective August 5, 2013, 38 TexReg 4908; amended to be effective March 2, 2014, 39 TexReg 1170; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective February 28, 2019, 44 TexReg 868.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.3"><num value="439.3">§439.3</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, have the following definitions unless the context clearly indicates otherwise.(1) Certificate of Completion--A statement by the provider of training certifying that an individual has successfully completed a commission-approved certification curriculum or phase program for a particular discipline, including having been evaluated by field examiners on performance skills identified by the commission. The certificate of completion qualifies an individual to take an original certification examination. The certificate expires two years from the date of completion. If an individual does not take the certification examination prior to the expiration of the certificate of completion, he or she must again complete the curriculum in order to obtain a new certificate of completion.(2) Curriculum--The competencies established by the commission as a minimum requirement for certification in a particular discipline.(3) Designee--An entity or individual approved by commission staff to administer commission certification examinations and/or performance skills in accordance with this chapter.(4) Eligibility--A determination of whether or not an individual has met the requirements set by the commission and would therefore be allowed to take a commission examination.(5) Endorsement of eligibility--A statement testifying to the fact that an individual has met all requirements specified by the commission and is qualified to take a commission examination. An endorsement of eligibility will be issued by a member of the commission staff.(6) Examination--A state test which an examinee must pass as one of the requirements for certification.(7) Examinee--An individual who has met the commission requirements and therefore qualifies to take the commission examination.(8) Field examiner--An individual authorized to evaluate performance skills in commission approved curricula. The field examiner must possess a Fire Instructor Certification or other instructor qualification as allowed by §427.307(h) and (i) of this title (relating to On-Site and Distance Training Provider Staff Requirements) for Wildland courses only, complete the on-line commission field examiner course, and sign an agreement to comply with the commission's testing procedures. The field examiner must be approved by the commission to instruct all subject areas identified in the curriculum that he or she will be evaluating. The field examiner must repeat the examiner course every two years and submit a new Letter of Intent.(9) Lead Examiner--A member of the commission staff or a designee who has been assigned by the commission to administer a commission examination.(10) Letter of Intent--A statement, signed by an individual applying to the commission for field examiner status, that he or she is familiar with the commission's examination procedures, and agrees to abide by the policies and guidelines as set out in Chapter 439 of this title (relating to Examinations for Certification).(11) Sectional examination--A test that covers one section of a multiple section examination.</content><note type="source"><p>Source Note: The provisions of this §439.3 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective May 20, 2014, 39 TexReg 3875; amended to be effective January 1, 2017, 41 TexReg 5765.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.5"><num value="439.5">§439.5</num><heading>Procedures</heading><content>(a) Procedures for conducting examinations are determined by the commission.(b) All application processing fees due to the commission must be paid in a timely manner. Late payments shall be assessed a late fee in accordance with §437.13 of this title (relating to Processing Fees for Test Application).(c) Each examination must be administered by a lead examiner.(d) The lead examiner must:(1) ensure that the tests remain secure and that the examination is conducted under conditions warranting honest results;(2) monitor the examination while in progress;(3) control entrance to and exit from the test site;(4) assign or re-assign seating; and(5) bar admission to or dismiss any examinee who fails to comply with any of the applicable provisions of this chapter.(e) All official grading and notification must come from the commission or its designee. The preliminary test results shall be made available within seven (7) business days after completion of the examination.</content><note type="source"><p>Source Note: The provisions of this §439.5 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective August 5, 2013, 38 TexReg 4908.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.7"><num value="439.7">§439.7</num><heading>Eligibility</heading><content>(a) An examination may not be taken by an individual who currently holds an active certificate from the commission in the discipline to which the examination pertains, unless required by the commission in a disciplinary matter, or test scores have expired and the individual is testing for IFSAC seals.(b) An individual who passes an examination and is not certified in that discipline, will not be allowed to test again if the original examination grade is still active, unless required by the commission in a disciplinary matter.(c) In order to qualify for a commission examination, the examinee must:(1) meet or exceed the minimum requirements set by the commission as a prerequisite for the specified examination;(2) submit a test application, meet any other prerequisite requirements, and submit the appropriate application processing fee(s);(3) receive from the commission an "Endorsement of Eligibility" letter and provide this letter to the lead examiner;(4) bring to the test site, and display upon request, a current and valid government issued identification which contains the name and photograph of the examinee;(5) report on time to the proper location; and(6) comply with all the written and verbal instructions of the lead examiner.(d) No examinee shall be permitted to:(1) violate any of the fraud provisions of this section;(2) disrupt the examination;(3) bring into the examination site any books, notes, or other written materials related to the content of the examination;(4) refer to, use, or possess any such written material at the examination site;(5) give or receive answers or communicate in any manner with another examinee during the examination;(6) communicate at any time or in any way, the contents of an examination to another person for the purpose of assisting or preparing a person to take the examination;(7) steal, copy, or reproduce any part of the examination;(8) engage in any deceptive or fraudulent act either during an examination or to gain admission to it;(9) solicit, encourage, direct, assist, or aid another person to violate any provision of this section; or(10) bring into the examination site any electronic devices.(e) No person shall be permitted to sit for any commission examination who has an outstanding debt owed to the commission.</content><note type="source"><p>Source Note: The provisions of this §439.7 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective March 7, 2007, 32 TexReg 1098; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective May 20, 2014, 39 TexReg 3875; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective August 2, 2018, 43 TexReg 4993.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.9"><num value="439.9">§439.9</num><heading>Grading</heading><content>(a) If performance skills are required as a part of the examination, the examinee must demonstrate performance skill objectives in a manner consistent with performance skill evaluation forms provided by the Commission. The evaluation format for a particular performance skill will determine the requirements for passage of the skill. Each performance skill evaluation form will require successful completion of one of the following formats:(1) all mandatory tasks; or(2) an accumulation of points to obtain a passing score as indicated on the skill sheet; or(3) a combination of both paragraphs (1) and (2) of this subsection.(b) The minimum passing score on each written examination or section thereof shall be 70%. This means that 70% of the total possible active questions must be answered correctly. The commission may, at its discretion, invalidate any question.(c) If the commission invalidates an examination score for any reason, it may also, at the discretion of the commission, require a retest to obtain a substitute valid test score.</content><note type="source"><p>Source Note: The provisions of this §439.9 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective August 2, 2018, 43 TexReg 4993.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.11"><num value="439.11">§439.11</num><heading>Commission-Designated Performance Skill Evaluations</heading><content>(a) The commission-designated performance evaluations are randomly selected from each subject area within the applicable curriculum containing actual skill evaluations. This applies only for curricula in which performance standards have been developed.(b) The training provider shall test the commission designated performance skills for competency. The skill evaluations may only take place after all training on the identified subject area has been completed. The date(s), time(s) and location(s) for the commission designated skill evaluations must be submitted on the commission designated skill schedule contained within the Training Prior Approval system. The commission must be notified immediately of any deviation from the submitted commission designated skill schedule. All skills must be evaluated by a commission approved field examiner. The individual who served as the instructor of a particular subject may not evaluate the performance skill for that subject.(c) In order to qualify for the commission certification examination, the student must successfully complete and pass all designated skill evaluations. The student may be allowed two attempts to complete each skill. A second failure during the evaluation process will require remedial training in the failed skill area with a certified instructor before being allowed a third attempt. A third failure shall require that the student repeat the entire certification curriculum.(d) If performance skill evaluations are not conducted for a student during the course of instruction, they must be conducted within ninety days (90) following the end date of the course. In a case such as this the training provider must also obtain a new set of commission designated skills for which to evaluate the student; the provider may not use the same set of skills provided during the original course of instruction. If performance skill evaluations are not conducted within the ninety day (90) period, the student must repeat the course. The ninety (90) day period may be extended for students who were unable to complete their performance skill evaluations due to injury, illness, military commitment, or other situation beyond their control.(e) The training facility must maintain records (electronic or paper) of skills testing on each examinee. Test results must be recorded and saved on the applicable performance skill sheets provided in the commission Curriculum Skills Manual, and must include all information called for on the skill sheet.(f) For certification disciplines in which an IDLH environment may exist, all skill testing participants shall have available for use NFPA compliant PPE and SCBA as defined in §435.1 of this title (relating to Protective Clothing) and §435.3 of this title (relating to Self-Contained Breathing Apparatus).</content><note type="source"><p>Source Note: The provisions of this §439.11 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective May 18, 2010, 35 TexReg 3849; amended to be effective August 20, 2012, 37 TexReg 6315; amended to be effective May 20, 2014, 39 TexReg 3875; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective August 2, 2018, 43 TexReg 4993.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.13"><num value="439.13">§439.13</num><heading>Special Accommodations for Testing</heading><content>(a) Special accommodation testing is for those individuals that have a documented disability which may hamper their success on a Texas Commission on Fire Protection written examination. Some accommodations that can be allowed are:(1) A testing room to oneself (examinee is allowed to read the questions out loud to him or herself). To accommodate the request the examinee will have to test in the Commission's Austin headquarters location or any location deemed appropriate by the Commission.(2) The test to be split in two with up to an hour break in between (no access to the first half of the examination will be allowed during or after the break). To accommodate the request the examinee will have to test in the Ccommission's Austin headquarters location or any location deemed appropriate by the Commission.(3) The questions to be printed in a larger font (approximately 7% larger).(4) The test to be copied on off-white paper (i.e., cream colored).(5) The use of highlighters or a highlighter sheet.(6) Any requests that changes the condition of the examination or the examination process.(b) If the applicant is seeking a special accommodation test, the applicant must submit written documentation of the disability and a written statement as to which of the allowable accommodations is being requested. The applicant may ask for accommodations not listed above. The request will be reviewed and the applicant will receive a written response regarding the Commission's position on the request.</content><note type="source"><p>Source Note: The provisions of this §439.13 adopted to be effective November 2, 2011, 36 TexReg 7363.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scA/s439.19"><num value="439.19">§439.19</num><heading>Number of Test Questions</heading><content>(a) Each examination may have two types of questions: pilot and active. Pilot questions are new questions placed on the examination for statistical purposes only. These questions do not count against an examinee if answered incorrectly. The maximum possible number of pilot questions will be 10% of the number of exam questions, rounded up.(b) The number of questions on an examination, sectional examination, or retest will be based upon the specific examination, or number of recommended hours for a particular curriculum or section as shown in the table below. Any pilot questions added to an examination, sectional examination, or retest will be in addition to the number of exam questions.Attached Graphic</content><note type="source"><p>Source Note: The provisions of this §439.19 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective December 3, 2006, 31 TexReg 9619; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective August 5, 2013, 38 TexReg 4908; amended to be effective January 1, 2017, 41 TexReg 5765; amended to be effective February 28, 2019, 44 TexReg 868; amended to be effective August 14, 2019, 44 TexReg 4194; amended to be effective December 7, 2022, 47 TexReg 8050; amended to be effective November 20, 2023, 48 TexReg 6743.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c439/scB"><num value="B">SUBCHAPTER B</num><heading>EXAMINATIONS FOR DISTANCE TRAINING</heading><section identifier="/us/state/tx/tac/t37/p13/c439/scB/s439.201"><num value="439.201">§439.201</num><heading>Requirements--General</heading><content>The examination requirements for those completing distance training shall be the same as those in Subchapter A of this chapter, except as noted in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §439.201 adopted to be effective March 27, 2006, 31 TexReg 2700.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c439/scB/s439.205"><num value="439.205">§439.205</num><heading>Performance Skill Evaluation</heading><content>If the performance skill portion of a state exam is to be evaluated by an approved field examiner who will not observe the completion of the skill while in the immediate physical presence of the examinee, a letter of assurance from the candidate's training officer or fire chief is required stating that the fire department assures the integrity of the evaluation procedure. If the candidate is not a member of a fire department, then a certified fire instructor, fire chief, or training officer may provide a letter of assurance that meets the requirements of this section. The provider of distance training is required to keep a record of this assurance and provide it to the commission upon request.</content><note type="source"><p>Source Note: The provisions of this §439.205 adopted to be effective March 27, 2006, 31 TexReg 2700; amended to be effective August 10, 2009, 34 TexReg 5413; amended to be effective May 20, 2014, 39 TexReg 3875.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c441"><num value="441">CHAPTER 441</num><heading>CONTINUING EDUCATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c441/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.1"><num value="441.1">§441.1</num><heading>Objective</heading><content>Continuing education is intended to maintain or increase the knowledge and skills pertinent to the fire service.</content><note type="source"><p>Source Note: The provisions of this §441.1 adopted to be effective November 1, 1998, 23 TexReg 10903.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.3"><num value="441.3">§441.3</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Certification period--That period from the time a certificate is obtained or renewed until it is time for the certificate to be renewed again. See §437.5 of this title (relating to Renewal Fees) for the definition of certification period.(2) Level 1--Training intended to maintain previously learned skills as stated in the commission certification curriculum manual for the certifications held.(3) Level 2--Fire service training or education intended to develop new skills that are not contained in the commission's certification curriculum manual for certifications held.</content><note type="source"><p>Source Note: The provisions of this §441.3 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective October 11, 2000, 25 TexReg 10190; amended to be effective March 8, 2001, 26 TexReg 2046; amended to be effective December 24, 2002, 27 TexReg 12008; amended to be effective November 8, 2005, 30 TexReg 7239; amended to be effective March 27, 2006, 31 TexReg 2701; amended to be effective December 18, 2012, 37 TexReg 9783.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.5"><num value="441.5">§441.5</num><heading>Requirements</heading><content>(a) Continuing education shall be required in order to renew certification.(b) The continuing education requirement for renewal shall consist of a minimum of 18 hours of training to be conducted during the certification period. Of the 18 hours, two hours shall be a review of the most recent TCFP injury report, with a focus on the top three leading causes of injuries during the reporting period. All documentation of training used to satisfy the continuing education requirements must be maintained for a period of three years from the date of the training. Continuing education records shall be maintained by the department in accordance with the Texas State Library and Archives Commission, State and Local Records Management Division, Records Schedule, or Local Schedule (GR 1050-28), whichever is greater.(c) Level 1 training must be conducted by a certified instructor. Interactive computer-based continuing education training that is supervised and verified by a certified instructor is acceptable.(d) The continuing education program of a regulated entity must be administered and maintained in accordance with commission rule by a certified instructor.(e) No more than four hours per year in any one subject of Level 1 training may be counted toward the continuing education requirement for a particular certification.(f) There shall be no "hour per subject limit" placed on Level 2 courses, except that emergency medical courses shall be limited to four hours per year.(g) The head of a fire department may select subject matter for continuing education appropriate for a particular discipline.(h) The head of a fire department must certify whether or not the individuals whose certificates are being renewed have complied with the continuing education requirements of this chapter on the certification renewal document. Unless exempted from the continuing education requirements, an individual who fails to comply with the continuing education requirements in this chapter shall be notified by the commission of the failure to comply.(i) After notification from the commission of a failure to comply with continuing education requirements, an individual who holds a certificate is prohibited from performing any duties authorized by a required certificate until such time as the deficiency has been resolved and written documentation is furnished by the department head for approval by the commission. Continuing education hours obtained to resolve a deficiency may not be applied to the continuing education requirements for the current certification period.(j) Any person who is a member of a paid or volunteer fire department who is on extended leave for a cumulative period of six months or longer due to a documented illness, injury, or activation to military service may be exempted from the continuing education requirement for the applicable renewal period(s). Such exemptions shall be reported by the head of the department to the commission at renewal time, and a copy kept with the department continuing education records for three years.(k) Any individual who is not a member of a paid or volunteer fire department who is unable to perform work, substantially similar in nature as would be performed by fire protection personnel appointed to that discipline, may be exempted from the continuing education requirement for the applicable renewal period(s). Commission staff shall determine the exemption using documentation provided by the individual and the individual's treating physician of the illness or injury that cumulatively lasts six months or longer, or by documentation of military service or activation to military service.(l) In order to renew certification for any discipline which has a continuing education requirement stated in this chapter, an individual holder of a certificate not employed by a regulated entity must comply with the continuing education requirements for that discipline. Only 20 total hours of continuing education for each certification period in Level 1 or Level 2 subjects relating to the certification being renewed shall be required to renew all certificates the individual holds, except as provided in §441.17 of this title (relating to Continuing Education for Hazardous Materials Technician).(m) An individual certificate holder, not employed by a regulated entity, shall submit documentation of continuing education training upon notification by the commission. An example of documentation of continuing education training may include, but not be limited to, a Certificate of Completion, a college or training facility transcript, a fire department training roster, etc. Commission staff will review and may approve or disapprove such documentation of training in accordance with applicable commission rules and/or procedures. The training for a resident of Texas at the time the continuing education training is conducted shall be administered by a commission instructor, commission certified training facility, an accredited institution of higher education, or a military or nationally recognized provider of training. The training for a nonresident of Texas shall be delivered by a state fire academy, a fire department training facility, an accredited institution of higher education, or a military or nationally recognized provider of training. The individual must submit training documentation to the commission for evaluation of the equivalency of the training required by this chapter. The individual certificate holder is responsible for maintaining all of his or her training records for a period of three years from the date of the training.(n) If an individual has completed a commission approved academy in the 12 months prior to his or her certification expiration date, a copy of that certificate of completion will be acceptable documentation of continuing education for that certification renewal period.</content><note type="source"><p>Source Note: The provisions of this §441.5 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective October 11, 2000, 25 TexReg 10190; amended to be effective June 26, 2001, 26 TexReg 4734; amended to be effective July 29, 2002, 27 TexReg 6726; amended to be effective December 24, 2002, 27 TexReg 12008; amended to be effective May 26, 2005, 30 TexReg 3037; amended to be effective November 8, 2005, 30 TexReg 7239; amended to be effective March 27, 2006, 31 TexReg 2701; amended to be effective March 7, 2007, 32 TexReg 1099; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 26, 2015, 40 TexReg 8344; amended to be effective February 10, 2016, 41 TexReg 980; amended to be effective November 25, 2021, 46 TexReg 7897.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.7"><num value="441.7">§441.7</num><heading>Continuing Education for Structure Fire Protection Personnel</heading><content>(a) A minimum of two hours of continuing education in structure fire protection subjects in addition to the continuing education requirements in §441.5(b) of this title (relating to Requirements) will be required for personnel certified as structure fire protection personnel and who are appointed to structure fire protection duties.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.7 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.9"><num value="441.9">§441.9</num><heading>Continuing Education for Aircraft Rescue Fire Fighting Personnel</heading><content>(a) Continuing education will be required for personnel assigned as aircraft rescue fire fighting personnel.(b) Continuing education must, at a minimum, meet the specific training requirements of FAR 139.319(i)(2) and (3) (pertaining to Aircraft Rescue and Fire Fighting Operational Requirements). Continuing education required by this subsection may exceed 20 hours, if necessary, to complete all required subjects.</content><note type="source"><p>Source Note: The provisions of this §441.9 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective December 24, 2002, 27 TexReg 12008; amended to be effective May 21, 2006, 31 TexReg 3905.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.11"><num value="441.11">§441.11</num><heading>Continuing Education for Marine Fire Protection Personnel</heading><content>(a) A minimum of two hours of continuing education in marine fire protection subjects in addition to the continuing education requirements in §441.5(b) of this title (relating to Requirements) will be required for personnel certified as marine fire protection personnel and who are appointed to marine fire protection duties for any certification period beginning after October 31, 1993.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.11 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.13"><num value="441.13">§441.13</num><heading>Continuing Education for Fire Inspection Personnel</heading><content>(a) A minimum of two hours of continuing education in fire inspection subjects in addition to the continuing education requirements in §441.5(b) of this title (relating to Requirements) will be required for personnel certified as fire inspection personnel and who are appointed to fire inspection duties.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.13 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.15"><num value="441.15">§441.15</num><heading>Continuing Education for Arson Investigator or Fire Investigator</heading><content>(a) A minimum of two hours of continuing education in arson or fire investigation subjects in addition to the continuing education requirements in §441.5(b) of this title (relating to Requirements) will be required for personnel certified as arson investigation or fire investigation personnel and who are appointed to arson or fire investigation duties.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.15 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.17"><num value="441.17">§441.17</num><heading>Continuing Education for Hazardous Materials Technician</heading><content>(a) Eight hours of continuing education in hazardous materials (technician level) will be required for individuals certified as a hazardous materials technician. This will be in addition to continuing education required by other sections of this chapter.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.17 adopted to be effective November 1, 1998, 23 TexReg 10903; amended to be effective December 24, 2002, 27 TexReg 12008; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.19"><num value="441.19">§441.19</num><heading>Continuing Education for Head of a Fire Department</heading><content>(a) A minimum of twenty hours of continuing education in addition to the continuing education requirements in §441.5(b) of this title (relating to Requirements) will be required for personnel certified as head of a fire department and who are appointed as head of a department. The twenty hours of continuing education shall include:(1) ten hours in emergency operations subjects; and(2) ten hours in fire administration subjects. These subjects may include emergency management, leadership, budget and finance, labor relations, human resources and personnel management, collective bargaining, conflict resolution, organizational and strategic planning, community relations and public education, intergovernmental relations, and personnel health, safety and wellness.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.19 adopted to be effective May 23, 1999, 24 TexReg 3864; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742; amended to be effective August 26, 2015, 40 TexReg 5344.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.21"><num value="441.21">§441.21</num><heading>Continuing Education for Fire Service Instructor</heading><content>(a) A minimum of two hours of continuing education in fire service instruction subjects in addition to the continuing education requirements in §441.5(b) of this title (relating to Requirements) will be required for individuals certified as a fire service instructor and who are appointed to fire service instructor duties.(b) Subjects selected to satisfy the continuing education requirement may be selected from Level 1, Level 2, or a combination of both.</content><note type="source"><p>Source Note: The provisions of this §441.21 adopted to be effective July 27, 2005, 30 TexReg 4217; amended to be effective December 18, 2012, 37 TexReg 9783; amended to be effective November 10, 2014, 39 TexReg 8742.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c441/sc/s441.23"><num value="441.23">§441.23</num><heading>Continuing Education for Wildland Fire Fighter</heading><content>A minimum of four hours of continuing education in Wildland Fire Fighting subjects will be required for individuals certified as a Wildland Fire Fighter. The required hours must include hands-on refresher training in the use and deployment of a fire shelter. The four hours may be included in the eighteen hours required during the certification renewal period.</content><note type="source"><p>Source Note: The provisions of this §441.23 adopted to be effective February 28, 2013, 38 TexReg 1220; amended to be effective May 20, 2014, 39 TexReg 3876.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c443"><num value="443">CHAPTER 443</num><heading>CERTIFICATION CURRICULUM MANUAL</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c443/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c443/sc/s443.1"><num value="443.1">§443.1</num><heading>Approval by the Curriculum and Testing Committee</heading><content>(a) All proposals for new or revised curricula and training programs must be submitted to the Curriculum and Testing Committee for approval.(b) The Curriculum and Testing Committee may:(1) submit proposals to a subcommittee formed of members of the Curriculum and Testing Committee for study and review before approval; or(2) submit proposals to an advisory committee formed of members of the fire service who are recommended by the Curriculum and Testing Committee and appointed by the commission to report to the Fire Fighter Advisory Committee, for study and review before approval.(c) All proposals approved by the Curriculum and Testing Committee shall be placed on the next Commission agenda for review and approval.</content><note type="source"><p>Source Note: The provisions of this §443.1 adopted to be effective November 1, 1998, 23 TexReg 10904; amended to be effective August 23, 2017, 42 TexReg 4141; amended to be effective September 12, 2023, 48 TexReg 5071.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c443/sc/s443.3"><num value="443.3">§443.3</num><heading>Approval by the Texas Commission on Fire Protection</heading><content>(a) All proposals for new or revised curricula and training programs approved by the Curriculum and Testing Committee must receive final approval by the Texas Commission on Fire Protection.(b) Proposals not approved by the commission shall be sent back to the committee for further development. The commission shall indicate to the committee the reasons that the proposals were not approved.</content><note type="source"><p>Source Note: The provisions of this §443.3 adopted to be effective November 1, 1998, 23 TexReg 10904; amended to be effective August 23, 2017, 42 TexReg 4141; amended to be effective September 12, 2023, 48 TexReg 5071.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c443/sc/s443.5"><num value="443.5">§443.5</num><heading>Effective Date of New or Revised Curricula and Training Programs Required by Law or Rule</heading><content>(a) New curricula and training programs will become effective on January 1 of the year following final approval by the commission or on the date specified by the commission.(b) Changes to curricula and training programs will become effective on January 1 of the year following final approval by the commission or on the date specified by the commission.(c) Changes to curricula and training programs which involve reference materials will become effective on January 1 of the year following final approval by the commission or on the date specified by the commission, as recommended by the Curriculum and Testing Committee, depending on the impact the change will have on the curricula or training programs.(d) Changes to curricula and training programs that involve a safety consideration as determined by the Curriculum and Testing Committee shall become effective immediately following final approval by the commission.</content><note type="source"><p>Source Note: The provisions of this §443.5 adopted to be effective November 1, 1998, 23 TexReg 10904; amended to be effective March 1, 1999, 24 TexReg 791; amended to be effective August 23, 2017, 42 TexReg 4141; amended to be effective September 12, 2023, 48 TexReg 5071.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c443/sc/s443.7"><num value="443.7">§443.7</num><heading>Effective Date of New or Revised Curricula and Training Programs Which Are Voluntary</heading><content>(a) New curricula and training programs will become effective on the date recommended by the Curriculum and Testing Committee and specified by the commission.(b) Changes to curricula and training programs will become effective on the date recommended by the Curriculum and Testing Committee and specified by the commission.(c) Changes to curricula and training programs that involve a safety consideration as determined by the Curriculum and Testing Committee shall become effective immediately following final approval by the commission.</content><note type="source"><p>Source Note: The provisions of this §443.7 adopted to be effective November 1, 1998, 23 TexReg 10904; amended to be effective August 23, 2017, 42 TexReg 4141; amended to be effective September 12, 2023, 48 TexReg 5071.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c443/sc/s443.9"><num value="443.9">§443.9</num><heading>National Fire Protection Association Standard</heading><content>(a) All curricula and training programs must, as a minimum, meet the standards, to include manipulative skills objectives and knowledge objectives, of the current NFPA standard pertaining to the discipline, if such a standard exists and is subject to subsection (c) of this section.(b) New curricula and training programs presented to the Curriculum and Testing Committee must, as a minimum, meet the standards of the current edition of the applicable NFPA standard for the discipline, if such a standard exists.(c) If an NFPA standard is adopted or an existing NFPA standard is revised, all curricula and training programs must meet the standards of the new or revised applicable NFPA standard within three years of the official adoption date of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §443.9 adopted to be effective November 1, 1998, 23 TexReg 10904; amended to be effective February 17, 2004, 29 TexReg 1415; amended to be effective August 23, 2017, 42 TexReg 4141; amended to be effective September 12, 2023, 48 TexReg 5071.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c445"><num value="445">CHAPTER 445</num><heading>ADMINISTRATIVE INSPECTIONS AND PENALTIES</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c445/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.1"><num value="445.1">§445.1</num><heading>Entity Inspections</heading><content>(a) The Commission shall conduct at least biennial inspections of the entities that fall under the regulatory authority of the Commission, and may perform risk based inspections of entities the Commission determines to be at risk.(b) The purpose of these inspections shall be to promote safety and proficiency in the fire service by ensuring compliance with state law and Commission rules pertaining to minimum standards for fire protection personnel education, protective clothing, self-contained breathing apparatus, personal alert safety systems, standard operating procedures, or any other aspect of the fire service regulated by the Commission.(c) This shall include inspections of volunteer fire fighters and fire departments that participate in the voluntary regulation program pursuant to §419.071 of the Texas Government Code in one or more of the component areas.</content><note type="source"><p>Source Note: The provisions of this §445.1 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective June 17, 2003, 28 TexReg 4567; amended to be effective November 18, 2009, 34 TexReg 8041.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.3"><num value="445.3">§445.3</num><heading>Right of Access</heading><content>(a) A duly authorized representative of the commission may enter the premises of any entity regulated by the commission at any time during normal working hours and in such manner as to minimize interference with the operations of the entity to determine whether or not the entity is in compliance with the Code and the rules of the commission.(b) No person shall refuse to permit, or interfere with an inspection authorized by the Code or commission rules.(c) Interference with, or refusal to permit an inspection under the Code or commission rules is grounds for discipline.(d) The commission's right of access will be enforced through either administrative or judicial procedures as is necessary or required.</content><note type="source"><p>Source Note: The provisions of this §445.3 adopted to be effective November 1, 1998, 23 TexReg 10905.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.5"><num value="445.5">§445.5</num><heading>Duty To Comply; Enforcement</heading><content>(a) An entity regulated by the commission shall have the duty to implement and maintain compliance with the rules and the Code.(b) Every regulated entity under the Code shall be given an inspection covering the categories established by the commission. An entity found to be in noncompliance with the Code or rules of the commission shall be subject to warnings, administrative penalties, and other discipline as appropriate.</content><note type="source"><p>Source Note: The provisions of this §445.5 adopted to be effective November 1, 1998, 23 TexReg 10905.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.7"><num value="445.7">§445.7</num><heading>Procedures</heading><content>(a) The inspector shall, if possible, notify the current or acting, on duty and available, department head of the inspector's presence at the department and his intention to conduct a departmental inspection.(b) During the course of the inspection, any noncompliance with state law or commission rule shall be noted. Violations shall be determined to be either minor or major violations based upon the following guidelines.(1) Minor violations shall be defined as those violations which the inspector determines do not pose a serious threat to personnel safety due to lack of personnel protection equipment or training, are not widespread, or are not repeat violations of the same nature for which the entity was cited within the previous five years.(2) Major violations shall be defined as those violations which in the inspector's opinion constitute higher potential threat to personnel safety, flagrant or repeated violations in the same or similar areas, fraud, or obvious attempts to circumvent state law or commission rule.(c) In order to determine compliance with commission requirements pertaining to a particular item, the inspector may examine as many items of protective clothing and equipment deemed necessary by the inspector.</content><note type="source"><p>Source Note: The provisions of this §445.7 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective February 26, 2015, 40 TexReg 829; amended to be effective February 24, 2021, 46 TexReg 1251.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.9"><num value="445.9">§445.9</num><heading>Minor Violations</heading><content>If during the course of a departmental inspection the inspector determines the department has committed minor violations, the following procedures shall apply.(1) The inspector shall issue a notice of minor violations identifying the findings from the compliance inspection.(2) The department then has 30 calendar days from the date the notice of alleged violations is received to provide the commission with an acceptable corrective action plan that will be taken to correct the minor violations. The schedule of actions in the plan will allow necessary amounts of time for such things as obtaining items through city requisitions and bid processes, when necessary. Lack of funds is not an acceptable reason for delay.(3) If the department fails to provide an acceptable plan for obtaining compliance or does not request a hearing, the department may be:(A) allowed extra time to come into compliance;(B) assessed appropriate penalties which may be probated or prorated and may include suspension of certificates, administrative penalties, hearing costs, and attorney fees;(C) required to furnish proof of compliance.</content><note type="source"><p>Source Note: The provisions of this §445.9 adopted to be effective November 1, 1998, 23 TexReg 10905; amended to be effective July 29, 2002, 27 TexReg 6727; amended to be effective November 18, 2009, 34 TexReg 8041; amended to be effective February 26, 2015, 40 TexReg 829; amended to be effective February 24, 2021, 46 TexReg 1251.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.11"><num value="445.11">§445.11</num><heading>Major Violation</heading><content>If during the course of a departmental inspection the inspector determines the department has committed major violations involving protective clothing, self-contained breathing apparatus, personal alert safety systems or breathing air, the following procedures shall apply:(1) The inspector shall issue a notice of alleged violations identifying the violations and the corrective measures to be taken by the department to correct the listed violations.(2) The department has 30 calendar days from the date of receipt of the formal notice of noncompliance to correct the violations, and to provide the commission with proof of compliance or submit written notice of appeal.(3) If the department fails to come into compliance in the required time frame an administrative penalty of up to $500 per day may be assessed from the first day of formal notice of violation for each violation. If it is determined that the department was assessed administrative penalties for the same or similar violations within the previous five years, the administrative penalty of up to $1,000 per violation may be assessed.(4) The department then has 30 calendar days from formal notice of administrative penalties assessed to pay the administrative penalty or submit written notice of appeal.(5) Upon receipt of a written appeal concerning administrative action or penalty a hearing will be scheduled. Chapter 154 of the Texas Civil Practice and Remedies Code shall be used as a procedural guide.</content><note type="source"><p>Source Note: The provisions of this §445.11 adopted to be effective February 24, 2021, 46 TexReg 1251.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.13"><num value="445.13">§445.13</num><heading>Disciplinary Hearings</heading><content>A complaint case shall be opened no later than the 30th day after formal notice to the fire department, training provider or individual, concerning unresolved major violations found during an inspection. A hearing will be scheduled with the fire department, training provider or individual to determine administrative actions or penalties. The commission shall consider the following factors when determining administrative penalties:(1) compliance history;(2) seriousness of the violation;(3) the safety threat to the public or fire personnel;(4) any mitigating factors; and(5) any other factors the commission considers appropriate.</content><note type="source"><p>Source Note: The provisions of this §445.13 adopted to be effective February 24, 2021, 46 TexReg 1251.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.15"><num value="445.15">§445.15</num><heading>Judicial Enforcement</heading><content>The commission may enter a default order if a fire department or training provider fails to take action to correct a violation found during an inspection conducted under this chapter, or to request an informal settlement conference before the 61st day after the date the commission provides to the department or provider notice requiring the department or provider to correct the violations.</content><note type="source"><p>Source Note: The provisions of this §445.15 adopted to be effective February 24, 2021, 46 TexReg 1251.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.17"><num value="445.17">§445.17</num><heading>Liability for Violations</heading><content>The issuance of violation notices, administrative penalties, orders, and the permitting of a regulated entity to correct deficiencies in no way relieves the entity from the duty to, at all times, remain in complete compliance with the Code or commission rules or from the liability it could incur from failing to fulfill its statutory and regulatory duties.</content><note type="source"><p>Source Note: The provisions of this §445.17 adopted to be effective November 1, 1998, 23 TexReg 10905.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c445/sc/s445.19"><num value="445.19">§445.19</num><heading>Inspection Forms</heading><content>The executive director, or his designee, shall develop forms for the inspection of records, equipment, clothing, and facilities which shall be on file at the commission office and available for public inspections.</content><note type="source"><p>Source Note: The provisions of this §445.19 adopted to be effective November 1, 1998, 23 TexReg 10905.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c447"><num value="447">CHAPTER 447</num><heading>PART-TIME FIRE PROTECTION EMPLOYEE</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c447/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c447/sc/s447.1"><num value="447.1">§447.1</num><heading>Minimum Standards for Part-Time Fire Protection Employees</heading><content>(a) Regulated entities that appoint part-time fire protection employees are subject to the same Commission rules that apply to fire departments as defined in §421.5(18) of this title.(b) Part-time fire protection employees are subject to the same Commission rules that apply to full-time fire protection personnel.</content><note type="source"><p>Source Note: The provisions of this §447.1 adopted to be effective November 1, 1998, 23 TexReg 10906; amended to be effective December 24, 2002, 27 TexReg 12008; amended to be effective July 19, 2007, 32 TexReg 4447.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c447/sc/s447.3"><num value="447.3">§447.3</num><heading>Minimum Standards for Higher Levels of Part-Time Certification</heading><content>Part-time persons seeking higher levels of certification must complete the same requirements as full-time fire protection personnel. Years of experience for part-time fire personnel shall be in calendar years.</content><note type="source"><p>Source Note: The provisions of this §447.3 adopted to be effective November 1, 1998, 23 TexReg 10906; amended to be effective July 19, 2007, 32 TexReg 4447.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c447/sc/s447.5"><num value="447.5">§447.5</num><heading>Permissible Hours of Work for Part-Time Fire Protection Employees</heading><content>(a) Part-time fire protection employees may not:(1) work more than 24 hours a week or average more than approximately 24 hours a week during a work cycle for any one fire department; or(2) work more than 500 hours in a calendar year in fire suppression duties for any one fire department.(b) Part-time fire protection employees may work on a temporary (fill-in) basis for a fire protection personnel who is absent from work due to vacation, illness, injury, or administrative leave.(1) The hours worked in a temporary position shall not be counted when computing the hours worked in subsection (a)(1) of this section.(2) If the hours worked in a temporary position are in fire suppression related duties, the hours worked shall be counted when computing the hours worked in subsection (a)(2) of this section.</content><note type="source"><p>Source Note: The provisions of this §447.5 adopted to be effective November 1, 1998, 23 TexReg 10906.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c449"><num value="449">CHAPTER 449</num><heading>HEAD OF A FIRE DEPARTMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c449/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR HEAD OF A SUPPRESSION FIRE DEPARTMENT</heading><section identifier="/us/state/tx/tac/t37/p13/c449/scA/s449.1"><num value="449.1">§449.1</num><heading>Minimum Standards for the Head of a Suppression Fire Department</heading><content>(a) An individual who becomes employed and is appointed as the head of a suppression fire department must be certified by the commission as Head of a Suppression Fire Department within one year of appointment. The requirements in this subchapter also apply to an individual who is appointed on an interim basis to head of a suppression fire department.(b) Prior to being appointed as the head of a suppression fire department, an individual must:(1) hold a Texas Commission on Fire Protection certification as fire protection personnel in any discipline that has a commission approved curriculum that requires structural fire protection personnel certification. The individual must have five years of experience in a full-time fire suppression position or ten years in a part-time fire suppression position at the time of appointment, or attain the required years of experience within one year of the appointment; or(2) provide documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire suppression curriculum, and provide documentation in the form of a sworn non-self-serving affidavit of five years of experience in a full-time fire suppression position in a jurisdiction other than Texas; or(3) provide documentation in the form of a sworn non-self-serving affidavit of ten years of experience as an employee of a local governmental entity in a full-time structural fire protection personnel position in a jurisdiction other than Texas; or(4) provide documentation in the form of a sworn non-self-serving affidavit of ten years of experience as an active volunteer fire fighter in one or more volunteer fire departments. The ten years of volunteer service must include documentation of attendance at 40% of the drills for each year and attendance of at least 25% of a department's emergencies in a calendar year while a member of a volunteer fire department or departments with ten or more active members that conducts a minimum of 48 hours of drills in a calendar year; or(5) document a combined total of five years of experience using:(A) full-time experience while holding a commission certification as referenced in paragraph (1) of this subsection; and(B) provide documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time structural fire protection position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(C) provide documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire fighter and meeting the attendance requirements referenced in paragraph (4) of this subsection, with two years of affidavit time counted as one year of experience; or(6) document a combined total of five years of experience using:(A) full-time experience while holding a commission certification as referenced in paragraph (1) of this subsection; and(B) documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire suppression curriculum while appointed to a full-time fire suppression position in a jurisdiction other than Texas. Documentation of experience will be in the form of a sworn non-self-serving affidavit; or(7) document a combined total of five years of experience using:(A) documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire suppression curriculum while appointed to a full-time fire suppression position in a jurisdiction other than Texas, with documentation of experience being in the form of a non-self-serving affidavit; and(B) provide documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time structural fire protection position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(C) provide documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire fighter and meeting the attendance requirements referenced in paragraph (4) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(8) document a combined total of ten years of experience using:(A) documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time structural fire protection position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection; and(B) documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire fighter and meeting the attendance requirements referenced in paragraph (4) of this subsection.(c) Holding the Head of a Fire Suppression Fire Department certification does not qualify an individual for any other certification. An individual who seeks certification in another discipline must meet the requirements for that discipline.(d) Nothing contained in this chapter shall be construed to supersede Chapter 143, Local Government Code, regarding appointment as the head of a suppression fire department.(e) Individuals certified as the Head of a Suppression Fire Department must meet the continuing education requirement as provided for in Chapter 441 of this title (relating to Continuing Education).(f) An individual certified as Head of a Suppression Fire Department under this subchapter may engage in fire fighting activities only as the head of a suppression fire department. These activities include incident command, direction of fire fighting activities or other emergency activities typically associated with fire fighting duties, i.e. rescue, confined space and hazardous materials response.</content><note type="source"><p>Source Note: The provisions of this §449.1 adopted to be effective February 26, 2015, 40 TexReg 831; amended to be effective November 18, 2018, 43 TexReg 7557; amended to be effective May 20, 2019, 44 TexReg 2464.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c449/scA/s449.3"><num value="449.3">§449.3</num><heading>Minimum Standards for Head of a Suppression Fire Department Certification</heading><content>Applicants for Head of a Suppression Fire Department Certification must complete the following requirements:(1) must be appointed as head of a fire department; and(2) complete the Standards Review Assignment for Head of a Fire Department identified in the applicable chapter of the Certification Curriculum Manual; and(3) meet with a Texas Commission on Fire Protection Compliance Section representative for review and approval of the Standards Review Assignment; and(4) attend at least one Texas Commission on Fire Protection regularly scheduled meeting, one regularly scheduled standing committee meeting (Firefighter Advisory, Curriculum, and Testing, or Health and Wellness), or a scheduled regional meeting in the first year of appointment; and(5) document completion of the National Incident Management System courses 100, 200, 300, 400, 700, and 800.</content><note type="source"><p>Source Note: The provisions of this §449.3 adopted to be effective February 26, 2015, 40 TexReg 831; amended to be effective November 18, 2018, 43 TexReg 7557; amended to be effective December 30, 2024, 49 TexReg 10661.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c449/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR HEAD OF A PREVENTION ONLY FIRE DEPARTMENT</heading><section identifier="/us/state/tx/tac/t37/p13/c449/scB/s449.201"><num value="449.201">§449.201</num><heading>Minimum Standards for the Head of a Prevention Only Fire Department</heading><content>(a) An individual who becomes employed and is appointed as the head of a prevention only fire department must be certified by the commission as Head of a Prevention Only Fire Department, within one year of appointment. The requirements in this subchapter also apply to an individual who is appointed on an interim basis to head of a prevention only fire department.(b) Prior to being appointed as the head of a prevention only fire department, an individual must:(1) hold a Texas Commission on Fire Protection certification as a fire inspector, fire investigator, or arson investigator. The individual must have five years of experience in a full-time fire prevention position or ten years in a part-time fire prevention position at the time of appointment, or attain the required years of experience within one year of the appointment; or(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic arson investigator, fire investigator, or fire inspector curriculum and provide documentation in the form of a sworn non-self-serving affidavit of five years of experience in a full-time fire prevention position in a jurisdiction other than Texas; or(3) provide documentation in the form of a sworn non-self-serving affidavit of ten years of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas; or(4) provide documentation in the form of a sworn non-self-serving affidavit of ten years of experience as a certified fire investigator, fire inspector, or arson investigator as a part-time fire prevention employee; or(5) provide documentation in the form of a sworn non-self-serving affidavit of ten years of fire prevention experience as an active volunteer fire inspector, fire investigator, or arson investigator; or(6) document a combined total of five years of experience using:(A) full-time experience while holding commission certification as a fire inspector, fire investigator, or arson investigator; and(B) provide documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(C) provide documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire inspector, fire investigator, or arson investigator in one or more volunteer fire departments, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(7) document a combined total of five years of experience using:(A) full-time experience while holding commission certification as a fire inspector, fire investigator, or arson investigator; and(B) documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire investigator or fire inspector curriculum while appointed to a full-time fire prevention position in a jurisdiction other than Texas. Documentation of experience will be in the form of a sworn non-self-serving affidavit; or(8) document a combined total of five years of experience using:(A) documentation of accreditation from the International Fire Service Accreditation Congress that is deemed equivalent to the commission's approved basic fire investigator or fire inspector curriculum while appointed to a full-time fire prevention position in a jurisdiction other than Texas, with documentation of experience being in the form of a non-self-serving affidavit; and(B) provide documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(C) provide documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire inspector, fire investigator, or arson investigator in one or more volunteer fire departments, with two years of affidavit time counted as one year of experience for purposes of this qualification; or(9) document a combined total of ten years of experience using:(A) documentation in the form of a sworn non-self-serving affidavit of experience as an employee of a local governmental entity in a full-time fire inspector, fire investigator, or arson investigator position in a jurisdiction other than Texas as referenced in paragraph (3) of this subsection; and(B) documentation in the form of a sworn non-self-serving affidavit of experience as an active volunteer fire inspector, fire investigator, or arson investigator in one or more volunteer fire departments.(c) Holding the Head of a Prevention Only Fire Department certification does not qualify an individual for any other certification. An individual who seeks certification in another discipline must meet the requirements for that discipline.(d) Nothing contained in this chapter shall be construed to supersede Chapter 143, Local Government Code, regarding appointment as the head of a prevention only fire department.(e) Individuals certified as the Head of a Prevention Only Fire Department must meet the continuing education requirement as provided for in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §449.201 adopted to be effective February 26, 2015, 40 TexReg 831; amended to be effective November 18, 2018, 43 TexReg 7557; amended to be effective May 20, 2019, 44 TexReg 2464.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c449/scB/s449.203"><num value="449.203">§449.203</num><heading>Minimum Standards for Head of a Prevention Only Fire Department Certification</heading><content>Applicants for Head of a Prevention Only Fire Department Certification must complete the following requirements:(1) must be appointed as head of a prevention only fire department; and(2) complete the Standards Review Assignment for Head of a Fire Department identified in the applicable chapter of the Certification Curriculum Manual; and(3) meet with a Texas Commission on Fire Protection Compliance Section representative for review and approval of the Standards Review Assignment; and(4) attend at least one Texas Commission on Fire Protection regularly scheduled commission meeting, one regularly scheduled standing committee meeting (Firefighter Advisory, Curriculum, and Testing, or Health and Wellness), or a scheduled regional meeting in the first year of appointment; and(5) documentation of completion of National Incident Management System 100, 200, 300, 400, 700 and 800.</content><note type="source"><p>Source Note: The provisions of this §449.203 adopted to be effective February 26, 2015, 40 TexReg 831; amended to be effective November 18, 2018, 43 TexReg 7557; amended to be effective December 30, 2024, 49 TexReg 10661.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c451"><num value="451">CHAPTER 451</num><heading>FIRE OFFICER</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c451/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR FIRE OFFICER I</heading><section identifier="/us/state/tx/tac/t37/p13/c451/scA/s451.1"><num value="451.1">§451.1</num><heading>Fire Officer I Certification</heading><content>A Fire Officer I is defined as an individual who may supervise fire personnel during emergency and non-emergency work periods; serve in a public relations capacity with members of the community; implement departmental policies and procedures at the unit level; secure fire scenes and perform fire investigations to determine preliminary cause; conduct pre-incident planning; supervise emergency operations; or ensure a safe working environment for all personnel.</content><note type="source"><p>Source Note: The provisions of this §451.1 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective December 27, 2001, 26 TexReg 10621; amended to be effective July 29, 2002, 27 TexReg 6727.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scA/s451.3"><num value="451.3">§451.3</num><heading>Minimum Standards for Fire Officer I Certification</heading><content>(a) In order to be certified as a Fire Officer I an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) hold Fire Service Instructor I certification through the commission; and(A) possess valid documentation as a Fire Fighter II and Fire Officer I from either:(i) the International Fire Service Accreditation Congress; or(ii) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1(a)(2) of this title (relating to Requirements--General); or(B) complete a commission approved Fire Officer I program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer I program must consist of one of the following:(i) completion of a commission approved Fire Officer I Curriculum as specified in Chapter 9 of the commission's Certification Curriculum Manual;(ii) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer I Curriculum; or(iii) successful completion of 12 college semester hours consisting of the following courses or their equivalent:(I) Fire Prevention Codes and Inspections, 3 semester hours;(II) Fire and Arson Investigation I or II, 3 semester hours;(III) Fire Administration I, 3 semester hours; and(IV) Firefighting Strategies and Tactics I or II, 3 semester hours.(b) Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer I) of the commission's Certification Curriculum Manual are met.(c) College courses will be considered equivalent if the course description is substantially similar to the course description contained in the Workforce Education Course Manual (WECM) from the Texas Higher Education Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §451.3 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective July 29, 2002, 27 TexReg 6727; amended to be effective September 2, 2003, 28 TexReg 7403; amended to be effective March 27, 2006, 31 TexReg 2701; amended to be effective December 3, 2006, 31 TexReg 9620; amended to be effective November 28, 2007, 32 TexReg 8532; amended to be effective February 21, 2012, 37 TexReg 912; amended to be effective March 2, 2014, 39 TexReg 1171.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scA/s451.5"><num value="451.5">§451.5</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive Fire Officer I certification.(b) Individuals will be permitted to take the Commission examination for Fire Officer I certification by documenting the following: Structure Fire Protection Personnel certification and Fire Service Instructor certification through the Commission or the equivalent IFSAC seals, and completing a Commission-approved Fire Officer I curriculum.</content><note type="source"><p>Source Note: The provisions of this §451.5 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective March 10, 2003, 28 TexReg 2125; amended to be effective December 3, 2006, 31 TexReg 9620; amended to be effective August 10, 2009, 34 TexReg 5415; amended to be effective February 17, 2010, 35 TexReg 1289.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scA/s451.7"><num value="451.7">§451.7</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Fire Officer I program, documenting an IFSAC seal for Fire Fighter II and Instructor I, and passing the applicable state examination may be granted an IFSAC seal as a Fire Officer I by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §451.7 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective March 10, 2003, 28 TexReg 2125; amended to be effective March 2, 2005, 30 TexReg 1089; amended to be effective December 3, 2006, 31 TexReg 9620; amended to be effective August 26, 2015, 40 TexReg 5345; amended to be effective November 23, 2016, 41 TexReg 9162.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c451/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR FIRE OFFICER II</heading><section identifier="/us/state/tx/tac/t37/p13/c451/scB/s451.201"><num value="451.201">§451.201</num><heading>Fire Officer II Certification</heading><content>A Fire Officer II is defined as an individual who may evaluate the performance of personnel; deliver public education programs; prepare budget requests, news releases, and policy changes; conduct inspections and investigations; supervise multi-unit emergency operations; and identify unsafe work environments and take preventive action; or review injury, accident, and health exposure reports. Individuals who perform inspections must comply with Chapter 429 of this title (relating to Minimum Standards for Fire Inspectors). Individuals who perform investigations must comply with Chapter 431 of this title (relating to Fire Investigation).</content><note type="source"><p>Source Note: The provisions of this §451.201 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective December 27, 2001, 26 TexReg 10621; amended to be effective July 29, 2002, 27 TexReg 6727.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scB/s451.203"><num value="451.203">§451.203</num><heading>Minimum Standards for Fire Officer II Certification</heading><content>(a) In order to be certified as a Fire Officer II an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) hold Fire Officer I certification through the commission; and(3) hold, as a minimum, Fire Service Instructor I certification through the commission; and(A) possess valid documentation as a Fire Officer II from either:(i) the International Fire Service Accreditation Congress; or(ii) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1(a)(2) of this title (relating to Requirements--General); or(B) complete a commission approved Fire Officer II program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer II program must consist of one of the following:(i) completion of a commission approved Fire Officer II Curriculum as specified in Chapter 9 of the commission's Certification Curriculum Manual;(ii) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer II Curriculum; or(iii) successful completion of 15 college semester hours consisting of the following courses or their equivalent:(I) Fire Prevention Codes and Inspections, 3 semester hours;(II) Fire and Arson Investigation I or II, 3 semester hours;(III) Fire Administration I, 3 semester hours;(IV) Fire Administration II or Company Fire Officer, 3 semester hours; and(V) Firefighting Strategies and Tactics I or II, 3 semester hours.(b) Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer) of the commission's Certification Curriculum Manual are met.(c) College courses will be considered equivalent if the course description is substantially similar to the course description contained in the Workforce Education Course Manual (WECM) from the Texas Higher Education Coordinating Board.</content><note type="source"><p>Source Note: The provisions of this §451.203 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective July 29, 2002, 27 TexReg 6727; amended to be effective September 2, 2003, 28 TexReg 7403; amended to be effective May 26, 2005, 30 TexReg 3037; amended to be effective March 27, 2006, 31 TexReg 2701; amended to be effective December 3, 2006, 31 TexReg 9620; amended to be effective November 28, 2007, 32 TexReg 8532; amended to be effective February 21, 2012, 37 TexReg 913; amended to be effective March 2, 2014, 39 TexReg 1171.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scB/s451.205"><num value="451.205">§451.205</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive Fire Officer II certification.(b) Individuals will be permitted to take the Commission examination for Fire Officer II certification by documenting the following: Structure Fire Protection Personnel certification, Fire Service Instructor certification and Fire Officer I certification through the Commission or the equivalent IFSAC seals, and completing a Commission-approved Fire Officer II curriculum.</content><note type="source"><p>Source Note: The provisions of this §451.205 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective March 10, 2003, 28 TexReg 2125; amended to be effective December 3, 2006, 31 TexReg 9620; amended to be effective August 10, 2009, 34 TexReg 5415; amended to be effective February 17, 2010, 35 TexReg 1289.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scB/s451.207"><num value="451.207">§451.207</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Fire Officer II program; documenting IFSAC seals for Fire Fighter II, Instructor I and Fire Officer I; and passing the applicable state examination, may be granted an IFSAC seal as a Fire Officer II by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §451.207 adopted to be effective February 1, 2001, 25 TexReg 10750; amended to be effective March 10, 2003, 28 TexReg 2125; amended to be effective March 2, 2005, 30 TexReg 1089; amended to be effective December 3, 2006, 31 TexReg 9620; amended to be effective November 28, 2007, 32 TexReg 8532; amended to be effective August 26, 2015, 40 TexReg 5345; amended to be effective November 23, 2016, 41 TexReg 9162.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c451/scC"><num value="C">SUBCHAPTER C</num><heading>MINIMUM STANDARDS FOR FIRE OFFICER III</heading><section identifier="/us/state/tx/tac/t37/p13/c451/scC/s451.301"><num value="451.301">§451.301</num><heading>Fire Officer III Certification</heading><content>A Fire Officer III is a midlevel supervisor who performs both supervisory and first-line managerial functions who has met all the job performance and certification requirements of Fire Officer II as defined in NFPA 1021, Standard for Fire Officer Professional Qualifications. Typical duties of an individual at the Fire Officer III level include: establishing procedures for hiring, assignment, and professional development of personnel; developing public service/partnership and programs; preparing budgets and budget management systems; planning for organizational resource management; evaluating inspection and public safety programs and plans; managing multi-agency plans and operations; serving as Incident Commander at expanding emergency incidents for all hazard types; and developing and managing a departmental safety program.</content><note type="source"><p>Source Note: The provisions of this §451.301 adopted to be effective February 28, 2013, 38 TexReg 1220.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scC/s451.303"><num value="451.303">§451.303</num><heading>Minimum Standards for Fire Officer III Certification</heading><content>(a) In order to be certified as a Fire Officer III an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) hold Fire Officer II certification through the commission; and(3) hold, as a minimum, Fire Service Instructor II certification through the commission; and(4) document completion of ICS-300: Intermediate Incident Command System; and(5) possess valid documentation as a Fire Officer III from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements--General); or(6) complete a commission approved Fire Officer III program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer III program must consist of one of the following:(A) completion of a commission approved Fire Officer III Curriculum as specified in Chapter 9 of the commission's Certification Curriculum Manual;(B) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer III Curriculum;(C) successful completion of 15 college semester hours of upper level coursework from a four-year regionally accredited institution in any of the following subject areas:(i) Administration/Management;(ii) Budget/Finance;(iii) Planning/Organization;(iv) Leadership/Ethics;(v) Risk Management;(vi) Safety and Health;(vii) Community Risk Reduction; or(viii) Criminal Justice; or(D) successful attainment of a bachelor's degree or higher from a regionally accredited institution in any of the following:(i) Fire Science/Administration/Management;(ii) Emergency Management;(iii) Public Administration;(iv) Emergency Medicine;(v) Business Management/Administration;(vi) Political Science;(vii) Human Resources Management;(viii) Public Health;(ix) Risk Management;(x) Criminal Justice; or(xi) a related management/administration/leadership degree.(b) Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer) of the commission's Certification Curriculum Manual are met.</content><note type="source"><p>Source Note: The provisions of this §451.303 adopted to be effective February 28, 2013, 38 TexReg 1220; amended to be effective March 2, 2014, 39 TexReg 1171; amended to be effective September 1, 2014, 39 TexReg 6876; amended to be effective February 18, 2018, 43 TexReg 778.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scC/s451.305"><num value="451.305">§451.305</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive Fire Officer III certification.(b) Individuals will be permitted to take the commission examination for Fire Officer III certification by documenting the following: Structure Fire Protection Personnel certification, Fire Service Instructor II certification and Fire Officer II certification through the commission or the equivalent IFSAC seals, and completing a commission approved Fire Officer III program.</content><note type="source"><p>Source Note: The provisions of this §451.305 adopted to be effective February 28, 2013, 38 TexReg 1220.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scC/s451.307"><num value="451.307">§451.307</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Fire Officer III program; documenting IFSAC seals for Fire Fighter II, Instructor II and Fire Officer II; and passing the applicable state examination, may be granted an IFSAC seal as a Fire Officer III by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §451.307 adopted to be effective August 9, 2016, 41 TexReg 5766; amended to be effective February 18, 2018, 43 TexReg 778.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c451/scD"><num value="D">SUBCHAPTER D</num><heading>MINIMUM STANDARDS FOR FIRE OFFICER IV</heading><section identifier="/us/state/tx/tac/t37/p13/c451/scD/s451.401"><num value="451.401">§451.401</num><heading>Fire Officer IV Certification</heading><content>A Fire Officer IV is an upper level supervisor who performs both supervisory and managerial functions who has met all the job performance and certification requirements of Fire Officer III as defined in NFPA 1021, Standard for Fire Officer Professional Qualifications. Typical duties of an individual at the Fire Officer IV level include: Administering job performance requirements; evaluating and making improvements to department operations; developing long-range plans and fiscal projections; developing plans for major disasters; serving as Incident Commander at major incidents for all hazard types; and administering comprehensive risk management programs.</content><note type="source"><p>Source Note: The provisions of this §451.401 adopted to be effective February 28, 2013, 38 TexReg 1220.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scD/s451.403"><num value="451.403">§451.403</num><heading>Minimum Standards for Fire Officer IV Certification</heading><content>(a) In order to be certified as a Fire Officer IV an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) hold Fire Officer III certification through the commission; and(3) document completion of ICS-400: Advanced Incident Command System; and(4) possess valid documentation as a Fire Officer IV from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2009 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements--General); or(5) complete a commission approved Fire Officer IV program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire Officer IV program must consist of one of the following:(A) completion of a commission approved Fire Officer IV Curriculum as specified in Chapter 9 of the commission's Certification Curriculum Manual;(B) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to be equivalent to or exceed the commission approved Fire Officer IV Curriculum; or(C) successful attainment of a bachelor's degree or higher from a regionally accredited institution in any of the following:(i) Fire Science/Administration/Management;(ii) Emergency Management;(iii) Public Administration;(iv) Emergency Medicine;(v) Business Management/Administration;(vi) Political Science;(vii) Human Resources Management;(viii) Public Health;(ix) Risk Management;(x) Criminal Justice; or(xi) a related management/administration/leadership degree.(b) Out-of-state or military training programs which are submitted to the commission for the purpose of determining equivalency will be considered equivalent if all competencies set forth in Chapter 9 (pertaining to Fire Officer) of the commission's Certification Curriculum Manual are met.</content><note type="source"><p>Source Note: The provisions of this §451.403 adopted to be effective February 28, 2013, 38 TexReg 1220; amended to be effective March 2, 2014, 39 TexReg 1171; amended to be effective September 1, 2014, 39 TexReg 6876; amended to be effective February 18, 2018, 43 TexReg 778.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scD/s451.405"><num value="451.405">§451.405</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive Fire Officer IV certification.(b) Individuals will be permitted to take the commission examination for Fire Officer IV certification by documenting the following: Structure Fire Protection Personnel certification and Fire Officer III certification through the commission or the equivalent IFSAC seals, and completing a commission approved Fire Officer IV program.</content><note type="source"><p>Source Note: The provisions of this §451.405 adopted to be effective February 28, 2013, 38 TexReg 1220.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c451/scD/s451.407"><num value="451.407">§451.407</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Fire Officer IV program; documenting IFSAC seals for Fire Fighter II, Instructor II and Fire Officer III; and passing the applicable state examination, may be granted an IFSAC seal as a Fire Officer IV by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §451.407 adopted to be effective August 9, 2016, 41 TexReg 5766; amended to be effective February 18, 2018, 43 TexReg 778.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c453"><num value="453">CHAPTER 453</num><heading>HAZARDOUS MATERIALS</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c453/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR HAZARDOUS MATERIALS TECHNICIAN</heading><section identifier="/us/state/tx/tac/t37/p13/c453/scA/s453.1"><num value="453.1">§453.1</num><heading>Hazardous Materials Technician Certification</heading><content>(a) A Hazardous Materials Technician is defined as an individual who performs emergency response to an occurrence which results in, or is likely to result in, an uncontrolled release of a hazardous substance where there is a potential safety or health hazard (i.e., fire, explosion, or chemical exposure). A Hazardous Materials Technician responds to such occurrences and is expected to perform work to handle and control (stop, confine, or extinguish) actual or potential leaks or spills. The Hazardous Materials Technician assumes a more aggressive role than a first responder at the operations level, in that the Hazardous Materials Technician will approach the point of release. The Hazardous Materials Technician is expected to use specialized Chemical Protective Clothing (CPC) and specialized control equipment.(b) All individuals holding a Hazardous Materials Technician Certification shall be required to comply with the continuing education requirements in §441.17 of this title (relating to Continuing Education for Hazardous Materials Technician).</content><note type="source"><p>Source Note: The provisions of this §453.1 adopted to be effective September 1, 1997, 22 TexReg 7904; amended to be effective August 10, 1999, 24 TexReg 6098; amended to be effective November 5, 2000, 25 TexReg 10752; amended to be effective November 28, 2007, 32 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c453/scA/s453.3"><num value="453.3">§453.3</num><heading>Minimum Standards for Hazardous Materials Technician Certification</heading><content>In order to be certified as a Hazardous Materials Technician an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) possess valid documentation as a Hazardous Materials Technician from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2008 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements-General); or(3) complete a commission approved Hazardous Materials Technician training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Hazardous Materials Technician program must consist of one of the following:(A) completion of an in-state Hazardous Materials Technician training program that meets the requirements of the applicable NFPA standard, is conducted by a commission certified training provider and approved through the commission's training prior approval system; or(B) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to meet or exceed the NFPA standard for Hazardous Materials Technician.</content><note type="source"><p>Source Note: The provisions of this §453.3 adopted to be effective September 1, 1997, 22 TexReg 7904; amended to be effective August 10, 1999, 24 TexReg 6098; amended to be effective November 5, 2000, 25 TexReg 10752; amended to be effective January 30, 2002, 27 TexReg 614; amended to be effective September 2, 2003, 28 TexReg 7404; amended to be effective May 26, 2005, 30 TexReg 3038; amended to be effective November 28, 2007, 32 TexReg 8533; amended to be effective February 28, 2013, 38 TexReg 1221; amended to be effective March 2, 2014, 39 TexReg 1172; amended to be effectiveAugust 23, 2017, 42 TexReg 4142.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c453/scA/s453.5"><num value="453.5">§453.5</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive a Hazardous Materials Technician Certification.(b) Individuals will be permitted to take the commission examination for Hazardous Materials Technician by documenting completion of the NFPA 472 Awareness and Operations level training and completing a commission approved Hazardous Materials Technician training program.</content><note type="source"><p>Source Note: The provisions of this §453.5 adopted to be effective September 1, 1997, 22 TexReg 7904; amended to be effective August 10, 1999, 24 TexReg 6098; amended to be effective March 10, 2003, 28 TexReg 2125; amended to be effective March 2, 2005, 30 TexReg 1090; amended to be effective November 28, 2007, 32 TexReg 8533; amended to be effective August 10, 2009, 34 TexReg 5416; amended to be effective February 28, 2013, 38 TexReg 1221; amended to be effective August 23, 2017, 42 TexReg 4142.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c453/scA/s453.7"><num value="453.7">§453.7</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Hazardous Materials Technician training program, documenting an IFSAC seal for Hazardous Materials Awareness Level Personnel; and(1) Hazardous Materials Operations Level Responders, including the Mission-Specific Competencies for Personal Protective Equipment and Product Control under the current edition; or(2) NFPA 472 Hazardous Materials Operations prior to the 2008 edition; and(3) upon passing the applicable state examination, may be granted an IFSAC seal as a Hazardous Materials Technician by making application to the commission for the IFSAC seal and paying applicable fees. In order to qualify for an IFSAC seal, an individual must submit the application for the seal prior to the expiration of the examination.</content><note type="source"><p>Source Note: The provisions of this §453.7 adopted to be effective March 2, 2000, 25 TexReg 1723; amended to be effective January 30, 2002, 27 TexReg 614; amended to be effective March 10, 2003, 28 TexReg 2125; amended to be effective March 2, 2005, 30 TexReg 1090; amended to be effective May 18, 2010, 35 TexReg 3850; amended to be effective February 28, 2013, 38 TexReg 1221; amended to be effective August 26, 2015, 40 TexReg 5345; amended to be effective November 23, 2016, 41 TexReg 9162; amended to be effective August 23, 2017, 42 TexReg 4142.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c453/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR HAZARDOUS MATERIALS INCIDENT COMMANDER</heading><section identifier="/us/state/tx/tac/t37/p13/c453/scB/s453.201"><num value="453.201">§453.201</num><heading>Hazardous Materials Incident Commander Certification</heading><content>The Hazardous Materials Incident Commander is defined as that person responsible for all incident activities, including the development of strategies and tactics and the ordering and release of resources.</content><note type="source"><p>Source Note: The provisions of this §453.201 adopted to be effective February 28, 2013, 38 TexReg 1221.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c453/scB/s453.203"><num value="453.203">§453.203</num><heading>Minimum Standards for Hazardous Materials Incident Commander</heading><content>In order to be certified as Hazardous Materials Incident Commander an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) possess valid documentation as a Hazardous Materials Incident Commander from either:(A) the International Fire Service Accreditation Congress; or(B) the National Board on Fire Service Professional Qualifications issued by the Texas A&M Engineering Extension Service using the 2008 or later edition of the NFPA standard applicable to this discipline and meeting the requirements as specified in §439.1 of this title (relating to Requirements-General); or(3) complete a commission approved Hazardous Materials Incident Commander training program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Hazardous Materials Incident Commander program must consist of one of the following:(A) completion of an in-state Hazardous Materials Incident Commander training program that meets the requirements of the applicable NFPA standard, is conducted by a commission certified training provider and approved through the commission's training prior approval system; or(B) completion of an out-of-state and/or military training program that has been submitted to the commission for evaluation and found to meet or exceed the NFPA standard for Hazardous Materials Incident Commander.</content><note type="source"><p>Source Note: The provisions of this §453.203 adopted to be effective February 28, 2013, 38 TexReg 1221; amended to be effective March 2, 2014, 39 TexReg 1172; amended to be effective September 1, 2014, 39 TexReg 6877; amended to be effective August 23, 2017, 42 TexReg 4142.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c453/scB/s453.205"><num value="453.205">§453.205</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive a Hazardous Materials Incident Commander certification.(b) Individuals will be permitted to take the commission examination for Hazardous Materials Incident Commander by documenting completion of NFPA 472 Awareness and Operations level training and completing a commission approved Hazardous Materials Incident Commander training program.</content><note type="source"><p>Source Note: The provisions of this §453.205 adopted to be effective February 28, 2013, 38 TexReg 1221; amended to be effective August 23, 2017, 42 TexReg 4142.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c453/scB/s453.207"><num value="453.207">§453.207</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Hazardous Materials Incident Commander program and documenting the following IFSAC seals:(1) Hazardous Materials Awareness Level Personnel; and(2) Hazardous Materials Operations Level Responders, including the Mission-Specific Competencies for Personal Protective Equipment and Product Control under the current edition; or(3) NFPA 472 Hazardous Materials Operations prior to the 2008 edition; and(4) upon passing the applicable state examination, may be granted an IFSAC seal for Hazardous Materials Incident Commander by making application to the commission for the IFSAC seal and paying applicable fees. Individuals must submit the application and fee for the seal prior to the expiration of the examination in order to qualify for the IFSAC seal.</content><note type="source"><p>Source Note: The provisions of this §453.207 adopted to be effective May 20, 2018, 43 TexReg 3105; amended to be effective December 2, 2019, 44 TexReg 7413.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c455"><num value="455">CHAPTER 455</num><heading>MINIMUM STANDARDS FOR WILDLAND FIRE PROTECTION CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c455/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c455/sc/s455.1"><num value="455.1">§455.1</num><heading>Minimum Standards for Wildland Fire Protection Personnel</heading><content>(a) A wildland fire fighter is defined as an individual whose assigned function is suppression of fires in the wildland or wildland-urban interface setting.(b) Individuals holding Wildland Fire Protection certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).(c) All Wildland Fire Protection certifications issued by the commission and referenced in this chapter are voluntary.</content><note type="source"><p>Source Note: The provisions of this §455.1 adopted to be effective August 20, 2012, 37 TexReg 6315.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c455/sc/s455.3"><num value="455.3">§455.3</num><heading>Minimum Standards for Basic Wildland Fire Protection Certification</heading><content>In order to be certified as Basic Wildland Fire Protection personnel, an individual must:(1) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as Wildland Fire Fighter Level I; or(2) complete a commission approved Basic Wildland Fire Protection program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Basic Wildland Fire Protection training program shall consist of one of the following:(A) completion of the commission approved Basic Wildland Fire Fighter training program, as specified in the applicable chapter of the commission's Certification Curriculum Manual; or(B) completion of the following National Wildfire Coordinating Group (NWCG) courses:(i) S-130: Firefighter Training;(ii) S-190: Introduction to Wildland Fire Behavior;(iii) L-180: Human Factors on the Fireline; and(iv) I-100: Introduction to the Incident Command System, or an equivalent basic incident command system course such as NIMS IS-100; or(C) Completion of a Texas A&M Forest Service approved online Hybrid (I-100, S-130, S-190 & L-180) with in-person test and field day.</content><note type="source"><p>Source Note: The provisions of this §455.3 adopted to be effective August 20, 2012, 37 TexReg 6315; amended to be effective January 5, 2014, 38 TexReg 9628; amended to be effective November 26, 2015, 40 TexReg 8344; amended to be effective August 23, 2017, 42 TexReg 4142; amended to be effective March 14, 2022, 47 TexReg 1300.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c455/sc/s455.5"><num value="455.5">§455.5</num><heading>Minimum Standards for Intermediate Wildland Fire Protection Certification</heading><content>In order to be certified as Intermediate Wildland Fire Protection personnel, an individual must:(1) hold Basic Wildland Fire Protection certification issued by the commission; and(2) complete the associated position task book as adopted by the National Wildfire Coordinating Group (NWCG) 310-1. Proof of completion of the position task book must be from the Texas Intrastate Fire Mutual Aid System (TIFMAS) (e.g. task book approval form or TIFMAS card); and(3) individuals who hold Structure Fire Protection certification issued by the commission must complete a commission approved Intermediate Wildland Fire Protection program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Intermediate Wildland Fire Protection training program shall consist of one of the following:(A) completion of the commission approved Intermediate Wildland Fire Fighter Curriculum, as specified in the applicable chapter of the commission's Certification Curriculum Manual; or(B) completion of the NWCG course G-131: Wildland Training (FFT1) for Structural Fire Fighters; or(C) completion of the NWCG courses S-131 and S-133 prior to October 2016, or only S-131 after October 2016; or(4) individuals who hold a State Firemen's and Fire Marshals' Association Advanced Accredited certification issued prior to January 1, 2012, or a State Firemen's and Fire Marshals' Association Firefighter II certification issued on or after January 1, 2012, must complete a commission approved Intermediate Wildland Fire Protection program and successfully pass the commission examination which includes both Basic Structure Fire Protection and Intermediate Wildland Fire Protection, as specified in Chapter 439 of this title. An approved Intermediate Wildland Fire Protection training program shall consist of one of the following:(A) completion of the commission approved Intermediate Wildland Fire Fighter Curriculum, as specified in the applicable chapter of the commission's Certification Curriculum Manual; or(B) completion of the NWCG course G-131: Wildland Training (FFT1) for Structural Fire Fighters; or(C) completion of the NWCG courses S-131 and S-133 prior to October 2016, or only S-131 after October 2016.</content><note type="source"><p>Source Note: The provisions of this §455.5 adopted to be effective August 20, 2012, 37 TexReg 6315; amended to be effective January 5, 2014, 38 TexReg 9628; amended to be effective November 18, 2018, 43 TexReg 7559.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c455/sc/s455.7"><num value="455.7">§455.7</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive Wildland Fire Protection Certification.(b) Persons seeking a commission certification referenced in this chapter who do not currently hold a certification issued by the commission must meet all requirements regarding application for initial certification.</content><note type="source"><p>Source Note: The provisions of this §455.7 adopted to be effective August 20, 2012, 37 TexReg 6315; amended to be effective January 5, 2014, 38 TexReg 9628.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c457"><num value="457">CHAPTER 457</num><heading>MINIMUM STANDARDS FOR INCIDENT SAFETY OFFICER CERTIFICATION</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c457/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c457/sc/s457.1"><num value="457.1">§457.1</num><heading>Incident Safety Officer Certification</heading><content>(a) An Incident Safety Officer is defined as a member of the command staff responsible for monitoring and assessing safety hazards or unsafe situations and for developing measures for ensuring personnel safety at an incident.(b) All individuals holding an Incident Safety Officer certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).(c) All Safety Officer certifications issued by the commission and referenced in this chapter are voluntary.</content><note type="source"><p>Source Note: The provisions of this §457.1 adopted to be effective August 20, 2012, 37 TexReg 6316.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c457/sc/s457.3"><num value="457.3">§457.3</num><heading>Minimum Standards for Incident Safety Officer Certification</heading><content>In order to be certified as an Incident Safety Officer an individual must:(1) hold commission certification as Fire Officer I and;(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Incident Safety Officer; or(3) complete a commission approved Incident Safety Officer program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Incident Safety Officer program must consist of one of the following:(A) completion of an in-state Incident Safety Officer program meeting the requirements of the applicable NFPA standard and conducted by a commission certified training provider, that was submitted and approved through the commission's training prior approval system; or(B) completion of an out-of-state, educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §457.3 adopted to be effective August 20, 2012, 37 TexReg 6316; amended to be effective March 2, 2014, 39 TexReg 1173; amended to be effective November 10, 2014, 39 TexReg 8743; amended to be effective January 26, 2017, 41 TexReg 244.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c457/sc/s457.5"><num value="457.5">§457.5</num><heading>Examination Requirements</heading><content>(a) Examination requirements of Chapter 439 of this title (relating to Examinations for Certification) must be met in order to receive an Incident Safety Officer certification, unless otherwise specified in this chapter.(b) Individuals will be permitted to take the commission examination for Incident Safety Officer certification by documenting Fire Officer I certification through the commission or the equivalent IFSAC seal, and completing a commission approved Incident Safety Officer training program.</content><note type="source"><p>Source Note: The provisions of this §457.5 adopted to be effective August 20, 2012, 37 TexReg 6316; amended to be effective August 5, 2013, 38 TexReg 4909; amended to be effective January 26, 2017, 41 TexReg 244.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c457/sc/s457.7"><num value="457.7">§457.7</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Incident Safety Officer program, documenting Fire Fighter II, Instructor I and Fire Officer I seals and passing the applicable state examination, may be granted an IFSAC seal for Incident Safety Officer by making application to the commission for the IFSAC seal and paying applicable fees. Individuals must submit the application and fee for the seal prior to the expiration of the examination in order to qualify for the IFSAC seal.</content><note type="source"><p>Source Note: The provisions of this §457.7 adopted to be effective May 20, 2018, 43 TexReg 3105; amended to be effective December 2, 2019, 44 TexReg 7414.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c459"><num value="459">CHAPTER 459</num><heading>FIRE AND LIFE SAFETY EDUCATOR</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c459/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR FIRE AND LIFE SAFETY EDUCATOR I</heading><section identifier="/us/state/tx/tac/t37/p13/c459/scA/s459.1"><num value="459.1">§459.1</num><heading>Fire and Life Safety Educator I Certification</heading><content>(a) A Fire and Life Safety Educator I is defined as an individual who performs professional work in the coordination and delivery of public fire and life safety education, and fire prevention programs.(b) All individuals holding a Fire and Life Safety Educator I certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).(c) A regulated entity that employs an individual certified as Fire and Life Safety Educator I must report the individual's employment via the commission's online data management system (FIDO system).</content><note type="source"><p>Source Note: The provisions of this §459.1 adopted to be effective February 28, 2019, 44 TexReg 869; amended to be effective August 14, 2019, 44 TexReg 4194.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c459/scA/s459.3"><num value="459.3">§459.3</num><heading>Minimum Standards for Fire and Life Safety Educator I Certification</heading><content>In order to be certified as a Fire and Life Safety Educator I, an individual must:(1) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire and Life Safety Educator I; or(2) complete a commission approved Fire and Life Safety Educator I program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire and Life Safety Educator I program must consist of one of the following:(A) completion of an in-state Fire and Life Safety Educator I program meeting the requirements of the applicable NFPA standard and conducted by a commission certified training provider that was submitted and approved through the commission's training prior approval system; or(B) completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §459.3 adopted to be effective February 28, 2019, 44 TexReg 869.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c459/scA/s459.5"><num value="459.5">§459.5</num><heading>Examination Requirement</heading><content>Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Fire and Life Safety Educator I certification.</content><note type="source"><p>Source Note: The provisions of this §459.5 adopted to be effective February 28, 2019, 44 TexReg 869.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c459/scA/s459.7"><num value="459.7">§459.7</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission-approved Fire and Life Safety Educator I program may be granted an IFSAC seal for Fire and Life Safety Educator I by making application to the commission for the IFSAC seal and paying applicable fees. Individuals must submit the fee for the seal prior to the expiration of the examination to qualify for the IFSAC seal.</content><note type="source"><p>Source Note: The provisions of this §459.7 adopted to be effective August 14, 2019, 44 TexReg 4194.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c459/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR FIRE AND LIFE SAFETY EDUCATOR II</heading><section identifier="/us/state/tx/tac/t37/p13/c459/scB/s459.201"><num value="459.201">§459.201</num><heading>Fire and Life Safety Educator II Certification</heading><content>(a) A Fire and Life Safety Educator II is defined as an individual who performs professional work in the coordination and delivery of public fire and life safety education, and fire prevention programs.(b) All individuals holding a Fire and Life Safety Educator II certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §459.201 adopted to be effective February 28, 2019, 44 TexReg 869; amended to be effective December 3, 2020, 45 TexReg 8528.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c459/scB/s459.203"><num value="459.203">§459.203</num><heading>Minimum Standards for Fire and Life Safety Educator II Certification</heading><content>In order to be certified as a Fire and Life Safety Educator II, an individual must:(1) hold as a prerequisite Fire and Life Safety Educator I certification; and(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as a Fire and Life Safety Educator II; or(3) complete a commission approved Fire and Life Safety Educator II program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Fire and Life Safety Educator II program must consist of one of the following:(A) completion of an in-state Fire and Life Safety Educator II program meeting the requirements of the applicable NFPA standard and conducted by a commission certified training provider that was submitted and approved through the commission's training prior approval system; or(B) completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §459.203 adopted to be effective February 28, 2019, 44 TexReg 869.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c459/scB/s459.205"><num value="459.205">§459.205</num><heading>Examination Requirement</heading><content>Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Fire and Life Safety Educator II certification.</content><note type="source"><p>Source Note: The provisions of this §459.205 adopted to be effective February 28, 2019, 44 TexReg 869.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c459/scB/s459.207"><num value="459.207">§459.207</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission approved Fire and Life Safety Educator II program may be granted an IFSAC seal for Fire and Life Safety Educator II by making application to the commission for the IFSAC seal and paying applicable fees. Individuals must submit the fee for the seal prior to the expiration of the examination to qualify for the IFSAC seal.</content><note type="source"><p>Source Note: The provisions of this §459.207 adopted to be effective August 14, 2019, 44 TexReg 4194.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c461"><num value="461">CHAPTER 461</num><heading>INCIDENT COMMANDER</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c461/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c461/sc/s461.1"><num value="461.1">§461.1</num><heading>Incident Commander Certification</heading><content>(a) An Incident Commander is defined as an individual responsible for all incident activities, including the development of strategies and tactics and the ordering and release of resources, who has overall authority and responsibility for conducting and managing all incident operations at the incident site.(b) All individuals holding an Incident Commander certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).</content><note type="source"><p>Source Note: The provisions of this §461.1 adopted to be effective December 3, 2020, 45 TexReg 8528; amended to be effective May 22, 2022, 47 TexReg 2890; amended to be effective May 30, 2023, 48 TexRg 2727.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c461/sc/s461.3"><num value="461.3">§461.3</num><heading>Minimum Standards for Incident Commander Certification</heading><content>In order to be certified as an Incident Commander, an individual must:(1) provide documentation of completion of the National Incident Management System courses 100, 200, 700, and 800; and(2) possess valid documentation of accreditation from the International Fire Service Accreditation Congress as an Incident Commander; or(3) complete a commission-approved Incident Commander program and successfully pass the commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Incident Commander program must consist of one of the following:(A) completion of an in-state Incident Commander program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider, that was submitted and approved through the commission's training prior approval system; or(B) completion of an out-of-state, educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §461.3 adopted to be effective December 3, 2020, 45 TexReg 8528; amended to be effective May 30, 2023, 48 TexReg 2727.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c461/sc/s461.5"><num value="461.5">§461.5</num><heading>Examination Requirement</heading><content>Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Incident Commander certification.</content><note type="source"><p>Source Note: The provisions of this §461.5 adopted to be effective December 3, 2020, 45 TexReg 8528; amended to be effective May 30, 2023, 48 TexReg 2727.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c461/sc/s461.7"><num value="461.7">§461.7</num><heading>International Fire Service Accreditation Congress (IFSAC) Seal</heading><content>Individuals completing a commission-approved Incident Commander program may be granted an IFSAC seal for Incident Commander by making application to the commission for the IFSAC seal and paying applicable fees. Individuals must submit the fee for the seal prior to the expiration of the examination to qualify for the IFSAC seal.</content><note type="source"><p>Source Note: The provisions of this §461.7 adopted to be effective May 14, 2023, 48 TexReg 2392.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c463"><num value="463">CHAPTER 463</num><heading>ADVISORY COMMITTEES, PRACTICE AND PROCEDURES</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c463/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.1"><num value="463.1">§463.1</num><heading>Objective</heading><content>(a) The Texas Commission on Fire Protection (TCFP) is organized to aid in the protection of the lives and property of Texas citizens through the development and enforcement of recognized professional standards for individuals and the fire service. To achieve the goals of TCFP, each committee will evaluate, make recommendations, and issue reports to the Commission on any issue in the committee's purview. Committees shall represent TCFP in advocacy for or opposition to projects and issues upon the specific authority of the Commission or such authority as may be clearly granted upon general powers delegated by the Commission to that committee. In this Chapter, "Commission" refers to the governing body, and TCFP refers to the state agency.(b) The Commission has established a Firefighter Advisory Committee, Curriculum and Testing Committee, and Health and Wellness Committee in compliance with the Texas Government Code §2110.008, Duration of Advisory Committees. These committees will continue for four years from the date of creation and may be continued following a vote of the Commission, to extend each of the established committees. The Commission may create short-term Ad Hoc working groups for specific purposes in accordance with this rule. The committee's purpose, eligibility, terms, and meeting procedures are identified in this rule.</content><note type="source"><p>Source Note: The provisions of this §463.1 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.3"><num value="463.3">§463.3</num><heading>General</heading><content>(a) The Commission may convene committees that are deemed to be in the best interest of the TCFP and its mission.(b) All committees shall be subject to and governed by these rules.(c) The approved committee shall elect a member of their committee as the chairperson who may remain in this position for two (2) years before reappointment or until such time as a new person is appointed as the Chairperson.(d) Committees should be composed of a reasonable odd number of members, with a minimum of nine and a maximum of 15 members.(e) The committees shall meet at least twice each calendar year at the call of either the committee chairperson or the Commission.(f) All committees shall be reviewed for relevance by the Commission every odd year and will either be renewed or discontinued.(g) The committee chairperson may form ad hoc working groups, when in the judgment of the chair, it will enhance or provide guidance for a specific purpose or time period. The committee chairperson may determine working group selection, but membership is limited only to ad hoc and will disband once the purpose has been met.(h) Annually each committee chairperson will present to the Commission an end-of-year status report.(i) Meetings to deliberate a test item or information related to a test item do not require an open meeting per Texas Government Code §551.088.</content><note type="source"><p>Source Note: The provisions of this §463.3 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.5"><num value="463.5">§463.5</num><heading>Eligibility</heading><content>(a) Any person, association, corporation, partnership, or other entity having an interest in the above-recited objectives shall be eligible for membership.(b) Committee composition should have representatives from each fire protection stakeholder group, with consideration of department size, region, and mission.(c) Vacant positions will be announced. Interested, qualified candidates may apply for committee appointments. A candidate selection committee may be formed to assist in the application process and may make recommendations for appointments. The list of candidates will then be presented to the Commission during their next meeting for consideration. The Commission will appoint committee members and select alternates at the same time in the event committee members cannot fulfill their tenure and/or replacement members are needed. Terms shall begin immediately following Commission approval. Interim appointments may be made to complete vacated, unexpired terms.</content><note type="source"><p>Source Note: The provisions of this §463.5 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.7"><num value="463.7">§463.7</num><heading>Terms</heading><content>(a) Committee members shall be appointed to serve six-year terms of office, with the intent to stagger and to ensure continuity of membership from year to year. Committee members serve six-year terms and may serve consecutively; however, after a second six-year term, the member will not be eligible for another term until after a lapse of two years. For all committees, the member positions will be numbered 1-11. Attached Graphic(b) The current holdover member serving in positions 1-11 will expire on the last day of the month before the initial appointments commence. Current holdover members are eligible to apply for initial appointments. (c) In the event that a member cannot fulfill a term, a new member shall be appointed to complete the term. This does not count as the individual's first term.</content><note type="source"><p>Source Note: The provisions of this §463.7 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.9"><num value="463.9">§463.9</num><heading>Meetings</heading><content>(a) Committee chairperson or a designated committee member when the chairperson is unavailable shall conduct all committee meetings.(b) Committee meetings should be held in Austin, Texas. Committee meetings cannot be held outside of the state of Texas.(c) Committees shall post meeting times, locations, and agendas with the Secretary of State in accordance with the Open Meetings Act, Texas Government Code Chapter 551. Committees shall keep minutes in accordance with the Open Meetings Act. When feasible, committees may allow members of the public to participate in a meeting from a remote location by videoconference call pursuant to Texas Government Code §551.127(k) to encourage access and participation throughout the state.(d) Committee chairpersons may limit discussion times if, in the opinion of the chairperson, it is warranted. Participants who fail to follow the above rules may be subject to removal from the meeting.(e) Committees may meet by videoconference call, but only if they follow the requirements of Texas Government Code §551.127. The committee must still have a physical location for the public to attend. The member presiding over the meeting must attend in person, while other members and staff may attend remotely.</content><note type="source"><p>Source Note: The provisions of this §463.9 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.11"><num value="463.11">§463.11</num><heading>Limitation of Powers</heading><content>No action by any committee chairperson or its members shall be binding upon, or constitute an expression of, the policy of TCFP until it has been approved or ratified by the Commission. It shall be the function of the committees to evaluate, make recommendations, and report only to the Commission. Committees shall represent TCFP in advocacy for or opposition to projects and issues upon the specific authority of the Commission or such authority as may be clearly granted upon general powers delegated by the Commission to that committee.</content><note type="source"><p>Source Note: The provisions of this §463.11 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.13"><num value="463.13">§463.13</num><heading>Testimony</heading><content>Once committee action has been approved by the Commission, testimony and/or presentations may be given and made before stakeholders, governmental agencies, or any other entity as deemed appropriate by the chairperson of the Commission.</content><note type="source"><p>Source Note: The provisions of this §463.13 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.15"><num value="463.15">§463.15</num><heading>Expulsion</heading><content>After written notice and a hearing before the Commission, any committee member may be expelled from a committee for conduct that is unbecoming or prejudicial to the aims or repute of TCFP or expelled for lack of attendance, unless excused, to more than half of the scheduled committee meetings in a calendar year.</content><note type="source"><p>Source Note: The provisions of this §463.15 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c463/sc/s463.17"><num value="463.17">§463.17</num><heading>Abolishment Date</heading><content>Any advisory committee created by the Commission will be abolished after four years from the date of creation unless it is re-established by the Commission prior to the abolishment date.</content><note type="source"><p>Source Note: The provisions of this §463.17 adopted to be effective December 10, 2023, 48 TexReg 7175.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c467"><num value="467">CHAPTER 467</num><heading>FIRE MARSHAL</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c467/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR BASIC FIRE MARSHAL CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c467/scA/s467.1"><num value="467.1">§467.1</num><heading>Basic Fire Marshal Certification</heading><content>(a) A Fire Marshal is defined as an individual designated to provide delivery, management, and/or administration of fire protection- and life safety-related codes and standards, investigations, education, and/or prevention services.(b) All individuals holding a Fire Marshal certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).(c) Special temporary provision. Individuals are eligible to take the Commission examination for Basic Fire Marshal by:(1) holding as a minimum, Instructor I certification through the Commission; and(2) holding as a minimum, Fire Investigator certification or Arson Investigator certification through the Commission; and(3) holding as a minimum, Fire Inspector certification through the Commission.(4) All applications for testing during the special temporary provision period must be received no earlier than August 1, 2023, and no later than August 1, 2024.(5) This subsection will expire on August 30, 2024.</content><note type="source"><p>Source Note: The provisions of this §467.1 adopted to be effective April 23, 2023, 48 TexReg 2138; amended to be effective July 17, 2024, 49 TexReg 5159.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c467/scA/s467.3"><num value="467.3">§467.3</num><heading>Minimum Standards for Basic Fire Marshal Certification</heading><content>In order to be certified as a Basic Fire Marshal, an individual must:(1) hold Basic Fire Inspector certification through the Commission; and(2) hold Basic Fire Investigator or Basic Arson Investigator certification through the Commission; and(3) hold Fire and Life Safety Educator I certification through the Commission; and(4) complete a commission-approved Fire Marshal program and successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification).(5) An approved Fire Marshal program must consist of the completion of a commission-approved Fire Marshal Curriculum as specified in Chapter 15 of the Commission's Certification Curriculum Manual.</content><note type="source"><p>Source Note: The provisions of this §467.3 adopted to be effective April 23, 2023, 48 TexReg 2138; amended to be effective July 17, 2024, 49 TexReg 5159.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c467/scA/s467.5"><num value="467.5">§467.5</num><heading>Examination Requirement</heading><content>(a) Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Basic Fire Marshal certification.(b) Individuals will be permitted to take the Commission examination for Basic Fire Marshal certification by documenting the following:(1) Basic Inspector certification and Basic Fire Investigator or Basic Arson Investigator; and(2) Fire and Life Safety Educator I certification through the Commission; or(3) the equivalent IFSAC seals and completing a commission-approved Basic Fire Marshal curriculum.</content><note type="source"><p>Source Note: The provisions of this §467.5 adopted to be effective April 23, 2023, 48 TexReg 2138; amended to be effective July 17, 2024, 49 TeReg 5159.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c467/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARD FOR INTERMEDIATE FIRE MARSHAL CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c467/scB/s467.201"><num value="467.201">§467.201</num><heading>Intermediate Fire Marshal Certification</heading><content>Applicants for Intermediate Fire Marshal certification must complete the following requirements:(1) hold as a prerequisite a Basic Fire Marshal certification as defined in §467.3 of this title (relating to Minimum Standards for Basic Fire Marshal Certification); and(2) hold Intermediate Fire Inspector certification through the Commission; and(3) hold Intermediate Fire Investigator or Intermediate Arson Investigator through the Commission; and(4) hold Fire and Life Safety Educator II certification through the Commission; and(5) acquire a minimum of four years of fire protection experience.</content><note type="source"><p>Source Note: The provisions of this §467.201 adopted to be effective April 23, 2023, 48 TexReg 2138; amended to be effective July 17, 2024, 49 TexReg 5159.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c467/scC"><num value="C">SUBCHAPTER C</num><heading>MINIMUM STANDARDS FOR ADVANCED FIRE MARSHAL CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c467/scC/s467.301"><num value="467.301">§467.301</num><heading>Advanced Fire Marshal Certification</heading><content>Applicants for Advanced Fire Marshal certification must complete the following requirements:(1) hold as a prerequisite an Intermediate Fire Marshal certification as defined in §467.201 of this title (relating to Minimum Standards for Intermediate Fire Marshal Certification); and(2) hold Advanced Fire Inspector certification through the Commission; and(3) hold Advanced Fire Investigator or Advanced Arson Investigator through the Commission; and(4) hold Fire Plans Examiner certification through the Commission; and(5) acquire a minimum of eight years of fire protection experience.</content><note type="source"><p>Source Note: The provisions of this §467.301 adopted to be effective April 23, 2023, 48 TexReg 2138; amended to be effective July 17, 2024, 49 TexReg 5159.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c467/scD"><num value="D">SUBCHAPTER D</num><heading>MINIMUM STANDARDS FOR MASTER FIRE MARSHAL CERTIFICATION</heading><section identifier="/us/state/tx/tac/t37/p13/c467/scD/s467.401"><num value="467.401">§467.401</num><heading>Master Fire Marshal Certification</heading><content>Applicants for Master Fire Marshal certification must complete the following requirements:(1) hold as a prerequisite an Advanced Fire Marshal certification as defined in §467.301 of this title (relating to Minimum Standards for Advanced Fire Marshal Certification); and(2) hold Master Fire Inspector certification through the Commission; and(3) hold Master Fire Investigator or Master Arson Investigator through the Commission; and(4) acquire a minimum of twelve years of fire protection experience, and 60 college semester hours or an associate degree, which includes at least 18 college semester hours in any combination of Fire Science and/or Criminal Justice. College-level courses from both the upper and lower divisions may be used to satisfy the education requirements for Master Fire Marshal Certification.</content><note type="source"><p>Source Note: The provisions of this §467.401 adopted to be effective April 23, 2023, 48 TexReg 2138; amended to be effective July 17, 2024, 49 TexReg 5159.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c469"><num value="469">CHAPTER 469</num><heading>TECHNICAL RESCUE</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c469/scA"><num value="A">SUBCHAPTER A</num><heading>MINIMUM STANDARDS FOR ROPE RESCUE AWARENESS AND OPERATIONS</heading><section identifier="/us/state/tx/tac/t37/p13/c469/scA/s469.1"><num value="469.1">§469.1</num><heading>Rope Rescue Awareness Level/Operations Level Certification</heading><content>(a) A Rope Rescue Awareness Level/Operations Level Rescuer is an individual who has met the requirements of Chapters 5.1 and 5.2 of NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications and has the knowledge, skills, and ability to perform Rope Rescue at the Awareness Level/Operations Level.(b) All individuals holding a Rope Rescue Awareness Level/Operations Level certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).(c) Special temporary provision. Individuals are eligible to take the commission examination for Rope Rescue Awareness Level/Operations Level by:(1) holding as a minimum, Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel through the commission; and(2) providing documentation acceptable to the commission, in the form of an affidavit from the individual's Head of Department or Chief Training Officer, that the individual has met the department's requirements to perform as a Rope Rescuer and has demonstrated proficiency as a Rope Rescuer at the Rope Rescue Awareness Level/Operations Level.(d) All applications for testing during the special temporary provision period must be received no earlier than October 1, 2024, and no later than October 1, 2025.(e) This special temporary provision will expire on November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §469.1 adopted to be effective September 15, 2024, 49 TexReg 7054.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c469/scA/s469.3"><num value="469.3">§469.3</num><heading>Minimum Standards for Rope Rescue Awareness Level/Operations Level Certification</heading><content>To be certified to the Rope Rescue Awareness Level/Operations Level, an individual must:(1) hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(2) complete a Commission-approved Rope Rescue Awareness Level/Operations Level program and successfully pass the Commission examination as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Rope Rescue Awareness Level/Operations Level program must consist of one of the following:(A) completion of an in-state Rope Rescue Awareness Level/Operations Level program meeting the requirements of the applicable NFPA standard and conducted by a Commission-certified training provider that was submitted and approved through the Commission's training prior approval system; or(B) completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the Commission for evaluation and found to meet the requirements of the applicable NFPA standard.</content><note type="source"><p>Source Note: The provisions of this §469.3 adopted to be effective September 15, 2024, 49 TexReg 7054.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c469/scA/s469.5"><num value="469.5">§469.5</num><heading>Examination Requirement</heading><content>Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Rope Rescue Awareness Level/Operations Level certification.</content><note type="source"><p>Source Note: The provisions of this §469.5 adopted to be effective September 15, 2024, 49 TexReg 7054.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c469/scB"><num value="B">SUBCHAPTER B</num><heading>MINIMUM STANDARDS FOR ROPE RESCUE TECHNICIAN</heading><section identifier="/us/state/tx/tac/t37/p13/c469/scB/s469.201"><num value="469.201">§469.201</num><heading>Rope Rescue Technician Level</heading><content>(a) A Rope Rescue Technician Level Rescuer is an individual who has met the requirements of chapter 5.3 of NFPA 1006, Standard for Technical Rescue Personnel Professional Qualifications, and has the knowledge, skills, and ability to perform Rope Rescue at the Technician Level.(b) All individuals holding a Rope Rescue Technician Level certification shall be required to comply with the continuing education requirements in Chapter 441 of this title (relating to Continuing Education).(c) Special temporary provision. Individuals are eligible to take the commission examinations for the Rope Rescue Technician Level by:(1) holding as a minimum, Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel through the commission; and(2) providing documentation acceptable to the commission, in the form of an affidavit from the individual's Head of Department or Chief Training Officer, that the individual has met the department's requirements to perform as a Rope Rescuer and has demonstrated proficiency as a Rope Rescuer at the Rope Rescue Technician Level.(d) All applications for testing during the special temporary provision period must be received no earlier than October 1, 2024, and no later than October 1, 2025.(e) This special temporary provision will expire on November 1, 2025.</content><note type="source"><p>Source Note: The provisions of this §469.201 adopted to be effective September 15, 2024, 49 TexReg 7054.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c469/scB/s469.203"><num value="469.203">§469.203</num><heading>Minimum Standards for Rope Rescue Technician Level Certification</heading><content>In order to be certified at the Rope Rescue Technician Level, an individual must:(1) Option 1--hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(A) hold a Rope Rescue Awareness Level/Operations Level certification through the commission; and(B) complete a commission-approved Rope Rescue Technician Level program and successfully pass the commission examination for Rope Rescue Technician as specified in Chapter 439 of this title (relating to Examinations for Certification). An approved Rope Rescue Technician Level program must consist of one of the following:(i) completion of an in-state Rope Rescue Technician Level program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider that was submitted and approved through the commission's training prior approval system; or(ii) successful completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard.(2) Option 2--hold certification as Structural Fire Protection Personnel, Aircraft Rescue Fire Fighting Personnel, or Marine Fire Protection Personnel; and(A) complete a commission-approved Rope Rescue Awareness Level/Operations Level program. An approved Rope Rescue Awareness Level/Operations Level program must consist of one of the following:(i) completion of an in-state Rope Rescue Awareness Level/Operations Level program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider that was submitted and approved through the commission's training prior approval system; or(ii) successful completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard; and(B) complete a commission-approved Rope Rescue Technician Level program. An approved Rope Rescue Technician Level program must consist of one of the following:(i) completion of an in-state Rope Rescue Technician Level program meeting the requirements of the applicable NFPA standard and conducted by a commission-certified training provider that was submitted and approved through the commission's training prior approval system; or(ii) completion of an out-of-state educational institution of higher education, and/or military training program that has been submitted to the commission for evaluation and found to meet the requirements of the applicable NFPA standard; and(C) successfully pass the commission examination for Rope Rescue Awareness Level & Operations Level combined with the Technician Level as specified in Chapter 439 of this title (relating to Examinations for Certification).</content><note type="source"><p>Source Note: The provisions of this §469.203 adopted to be effective September 15, 2024, 49 TexReg 7054.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c469/scB/s469.205"><num value="469.205">§469.205</num><heading>Examination Requirement</heading><content>Examination requirements in Chapter 439 of this title (relating to Examinations for Certification) must be met to receive Rope Rescue Technician Level certification.</content><note type="source"><p>Source Note: The provisions of this §469.205 adopted to be effective September 15, 2024, 49 TexReg 7054.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c491"><num value="491">CHAPTER 491</num><heading>VOLUNTARY REGULATION OF STATE AGENCIES AND STATE AGENCY EMPLOYEES</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c491/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c491/sc/s491.1"><num value="491.1">§491.1</num><heading>Election of Components for Voluntary Regulation</heading><content>A state agency or state employee eligible for regulation under the Texas Government Code, §419.083, may apply to the Commission for regulation. The agency or individual must submit an application to the Commission for regulation under one or more components of the Commission's regulatory authority.</content><note type="source"><p>Source Note: The provisions of this §491.1 adopted to be effective September 9, 1992, 17 TexReg 5799; amended to be effective July 14, 1993, 18 TexReg 4330; amended to be effective January 1, 1999, 23 TexReg 11963; amended to be effective November 28, 2007, 32 TexReg 8533.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c491/sc/s491.3"><num value="491.3">§491.3</num><heading>Documentation</heading><content>(a) The state agency or state agency employee seeking regulation or certification under this chapter must provide written documentation from the administrative head of the department providing fire protection, fire prevention, fire instruction, or fire training evaluation describing the duties, responsibilities, and work schedule of the state agency or state employee seeking regulation.(b) State agency employees who are employed in the field of fire instruction or fire training evaluation who receive certification under this chapter must be full-time employees.</content><note type="source"><p>Source Note: The provisions of this §491.3 adopted to be effective September 9, 1992, 17 TexReg 5799; amended to be effective March 23, 1994, 19 TexReg 1681.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c491/sc/s491.5"><num value="491.5">§491.5</num><heading>Notification</heading><content>If the applicant meets the requirements of the Texas Government Code, §419.083, the commission shall notify in writing the applying agency or agency employee of its decision. The applicant has one year from the date of notification to comply with all regulations applicable to the components elected by the applicant.</content><note type="source"><p>Source Note: The provisions of this §491.5 adopted to be effective September 9, 1992, 17 TexReg 5799.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c493"><num value="493">CHAPTER 493</num><heading>VOLUNTARY REGULATION OF FEDERAL AGENCIES AND FEDERAL FIRE FIGHTERS</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c493/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p13/c493/sc/s493.1"><num value="493.1">§493.1</num><heading>Election of Components for Voluntary Regulation</heading><content>A federal agency or federal fire fighter eligible for regulation under the Texas Government Code, §419.084, may apply to the Commission for regulation. The agency or individual must submit an application to the Commission for regulation under one or more components of the Commission's regulatory authority.</content><note type="source"><p>Source Note: The provisions of this §493.1 adopted to be effective September 9, 1992, 17 TexReg 5800; amended to be effective July 14, 1993, 18 TexReg 4331; amended to be effective March 23, 1994, 19 TexReg 1681; amended to be effective January 1, 1999, 23 TexReg 11963; amended to be effective November 28, 2007, 32 TexReg 8534.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c493/sc/s493.3"><num value="493.3">§493.3</num><heading>Documentation</heading><content>The federal agency or federal fire fighter seeking regulation or certification under this chapter must provide written documentation from the administrative head of the department providing fire protection or prevention describing the duties, responsibilities, description, or nature of federal property protected, and work schedule of the federal agency or federal fire fighter seeking regulation.</content><note type="source"><p>Source Note: The provisions of this §493.3 adopted to be effective September 9, 1992, 17 TexReg 5800; amended to be effective March 23, 1994, 19 TexReg 1681.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c493/sc/s493.5"><num value="493.5">§493.5</num><heading>Notification</heading><content>If the applicant meets the requirements of the Texas Government Code, §419.084, the commission shall notify in writing the applying agency or federal fire fighter of its decision. The applicant has one year from the date of notification to comply with all regulations applicable to the components elected by the applicant.</content><note type="source"><p>Source Note: The provisions of this §493.5 adopted to be effective September 9, 1992, 17 TexReg 5800; amended to be effective March 23, 1994, 19 TexReg 1681.</p></note></section></subchapter></chapter><chapter identifier="/us/state/tx/tac/t37/p13/c495"><num value="495">CHAPTER 495</num><heading>REGULATION OF NONGOVERNMENTAL DEPARTMENTS</heading><subchapter identifier="/us/state/tx/tac/t37/p13/c495/scA"><num value="A">SUBCHAPTER A</num><heading>VOLUNTARY REGULATION OF NONGOVERNMENTAL DEPARTMENTS</heading><section identifier="/us/state/tx/tac/t37/p13/c495/scA/s495.1"><num value="495.1">§495.1</num><heading>Application Procedures</heading><content>A nongovernmental entity may apply to the commission for voluntary regulation pursuant to the Texas Government Code, 419.085.A nongovernmental entity seeking voluntary regulation shall inform the commission in writing of its request and must provide the following documentation:(1) a letter from the Texas Department of Insurance verifying that the area protected constitutes a rating of one through eight assigned by Insurance Services Organization;(2) documentation from the United States Census Bureau verifying the population of the protected area;(3) written verification from the administrative head of the department that the entity provides fire protection to an unincorporated area; and(4) written documentation of the duties, responsibilities, and work schedules of the fire protection personnel employed by the entity.</content><note type="source"><p>Source Note: The provisions of this §495.1 adopted to be effective March 23, 1994, 19 TexReg 1681; amended to be effective March 1, 1999, 24 TexReg 793; amended to be effective December 24, 2002, 27 TexReg 12008.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c495/scA/s495.3"><num value="495.3">§495.3</num><heading>Notification</heading><content>If the entity meets the requirements of the Texas Government Code, §419.085, the commission shall notify in writing the applying entity and the affected fire protection employees of its decision. Once the entity has been notified, the entity and affected employees have one year after notification to comply with all rules and regulations applicable to fire protection personnel.</content><note type="source"><p>Source Note: The provisions of this §495.3 adopted to be effective March 23, 1994, 19 TexReg 1681.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c495/scA/s495.5"><num value="495.5">§495.5</num><heading>Nongovernmental Fire Protection Employees</heading><content>A full-time fire protection employee of a nongovernmental entity that meets the requirements of the Texas Government Code, §419.085, is eligible for certification under the same rules as full-time fire protection personnel employed by local governments. Work experience at the nongovernmental department meeting the requirements for voluntary regulation shall be recognized toward certification.</content><note type="source"><p>Source Note: The provisions of this §495.5 adopted to be effective March 23, 1994, 19 TexReg 1681.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p13/c495/scB"><num value="B">SUBCHAPTER B</num><heading>REGULATION OF NONGOVERNMENTAL ORGANIZATIONS AND PERSONNEL</heading><section identifier="/us/state/tx/tac/t37/p13/c495/scB/s495.201"><num value="495.201">§495.201</num><heading>Nongovernmental Organizations</heading><content>An organization that is not a local governmental entity or a department of a local government entity is subject to all rules and regulations of the commission as if the organization were a local government if:(1) the organization provides fire protection to a local governmental entity for profit under a contract or any other agreement with the local governmental entity; and(2) the organization would be a fire department if the organization were a department of a local governmental entity.</content><note type="source"><p>Source Note: The provisions of this §495.201 adopted to be effective March 23, 1994, 19 TexReg 1682.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c495/scB/s495.203"><num value="495.203">§495.203</num><heading>Nongovernmental Organization Employees</heading><content>An employee of a nongovernmental organization that is subject to regulation by the commission who would be a fire protection personnel if employed by a local governmental entity is subject to all rules and regulations of the commission pertaining to fire protection personnel.</content><note type="source"><p>Source Note: The provisions of this §495.203 adopted to be effective March 23, 1994, 19 TexReg 1682.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c495/scB/s495.205"><num value="495.205">§495.205</num><heading>Nongovernmental Personnel</heading><content>An individual that is not employed by a local governmental entity is subject to all rules and regulations of the commission pertaining to fire protection personnel if the individual would be a fire protection personnel if the person was employed by a local governmental entity and:(1) provides fire protection to a local governmental entity under a contract or other agreement between the individual and the local governmental entity; or(2) provides fire protection to a local governmental entity under a contract or other agreement between a governmental entity and a nongovernmental organization regulated under §495.201 of this title (relating to Nongovernmental Organizations).</content><note type="source"><p>Source Note: The provisions of this §495.205 adopted to be effective March 23, 1994, 19 TexReg 1682.</p></note></section><section identifier="/us/state/tx/tac/t37/p13/c495/scB/s495.207"><num value="495.207">§495.207</num><heading>Regulation and Certification</heading><content>A nongovernmental organization that is subject to regulation under this chapter on September 1, 1993, is subject to all rules and regulations of the commission effective immediately.</content><note type="source"><p>Source Note: The provisions of this §495.207 adopted to be effective March 23, 1994, 19 TexReg 1682; amended to be effective December 24, 2002, 27 TexReg 12008.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p14"><num value="14">PART 14</num><heading>INDEPENDENT OMBUDSMAN</heading><chapter identifier="/us/state/tx/tac/t37/p14/c601"><num value="601">CHAPTER 601</num><heading>INDEPENDENT OMBUDSMAN</heading><subchapter identifier="/us/state/tx/tac/t37/p14/c601/sc"><num value="">SUBCHAPTER </num><heading></heading><section identifier="/us/state/tx/tac/t37/p14/c601/sc/s601.1"><num value="601.1">§601.1</num><heading>Definitions</heading><content>The following words and terms, as used in this chapter, shall have the following meanings unless the context clearly indicates otherwise.(1) Complaint--Any grievance or expression of dissatisfaction or concern regarding a matter within the jurisdiction of the Texas Juvenile Justice Department (TJJD).(2) Life Threatening Situation--An allegation that contains specific information indicating a youth may be at substantial risk of personal injury, serious or irreparable harm, or death.(3) Ombudsman--The Governor's official appointed to respond to complaints and inquiries from the public regarding the operations of the TJJD.(4) Proponent--The TJJD staff responsible for a particular operational function.(5) Public--Any person other than a TJJD employee or a youth under TJJD jurisdiction.(6) Response--A letter, facsimile, e-mail, or telephone call that:(A) acknowledges receipt of a complaint;(B) provides preliminary information, if any is available;(C) indicates actions are being taken; or(D) provides information about the outcome of actions taken by TJJD.(7) Workday--Monday through Friday, excluding state and national holidays and days when offices are closed at the direction of the ombudsman.</content><note type="source"><p>Source Note: The provisions of this §601.1 adopted to be effective April 22, 2012, 37 TexReg 2685.</p></note></section><section identifier="/us/state/tx/tac/t37/p14/c601/sc/s601.4"><num value="601.4">§601.4</num><heading>General Information</heading><content>(a) The ombudsman shall create and maintain uniform policies and procedures for the Independent Ombudsman (IO).(b) The ombudsman shall ensure compliance with IO policies and procedures by all IO staff.(c) The ombudsman shall promote awareness of the following information among the public and youth committed to the Texas Juvenile Justice Department (TJJD):(1) how the IO may be contacted;(2) the purpose of the IO; and(3) the services that the IO provides.(d) The ombudsman shall ensure that the TJJD executive director, the Office of the Governor, and members of the Texas Legislature are apprised of any problematic, systemic trends.</content><note type="source"><p>Source Note: The provisions of this §601.4 adopted to be effective April 22, 2012, 37 TexReg 2685.</p></note></section><section identifier="/us/state/tx/tac/t37/p14/c601/sc/s601.8"><num value="601.8">§601.8</num><heading>Complaints</heading><content>(a) Purpose. The purpose of this rule is to establish the process by which complaints may be filed with and handled by the Independent Ombudsman (IO).(b) General Information.(1) The name, mailing address, and phone number used for the purpose of directing complaints to the IO, and a link to the IO website shall be available on the Texas Juvenile Justice Department (TJJD) website, as well as on informational material distributed by the IO.(A) IO staff shall process complaints from the public.(B) IO staff shall conduct investigations of complaints if it is determined that the complaint is not alleging criminal behavior and:(i) a youth committed to TJJD or the youth's family may be in need of assistance; or(ii) a systemic issue in the TJJD provision of services is raised by the complaint.(2) Any IO employee or agent may receive a complaint and is required to ensure it is given to the correct person for resolution.(3) The IO shall request that complaints be provided in writing, although verbal complaints and inquiries shall be accepted.(4) The IO shall request that complaints contain specific relevant details, including:(A) the name of any involved party(ies);(B) the TJJD number of any youth involved in the complaint; and(C) any locations, dates, and times.(5) All IO staff responding to a complaint from the public shall act in a courteous manner and in accordance with established IO policies.(c) Investigation and Resolution of Complaints.(1) IO staff shall use every means appropriate to obtain as much information as possible regarding a complaint in order to provide a complete and thorough response. Investigative paths may include, but are not limited to:(A) research of policies and procedures for general operations questions;(B) research of available records regarding a youth on TJJD database systems;(C) requesting information/investigation from the appropriate proponent. All investigations are evaluated to ensure they are complete and thorough;(D) consulting with other individuals or entities, outside of TJJD, who are knowledgeable of an issue addressed in the complaint or inquiry; or(E) referring complaints regarding youth protection issues or alleged criminal conduct to the TJJD Office of Inspector General (OIG).(2) Following an IO investigation, the deputy ombudsman will draft a response and provide a copy to the ombudsman.(3) The ombudsman or the ombudsman's designee shall periodically review all closed complaints to ensure that the inquiry or complaint has been addressed.(d) Response Timeframes.(1) All complaints shall be responded to in a timely manner.(2) Allegations of life threatening situations involving youth-on-youth or staff-on-youth behavior and allegations of sexual assault shall be reported immediately (same day received) to the OIG and the ombudsman by the appropriate deputy ombudsman.(e) Documentation of Complaints.(1) An information file shall be maintained for each complaint filed. At a minimum, the following information shall be included in the file:(A) the name of the person who filed the complaint;(B) the date the complaint was received;(C) the subject matter of the complaint;(D) the name of each person contacted in relation to the complaint;(E) a summary of the results of the review or investigation of the complaint; and(F) an explanation of the reason the file was closed, if the file was closed without taking action.(2) Files shall be retained in accordance with the IO records retention schedule.</content><note type="source"><p>Source Note: The provisions of this §601.8 adopted to be effective April 22, 2012, 37 TexReg 2685.</p></note></section><section identifier="/us/state/tx/tac/t37/p14/c601/sc/s601.12"><num value="601.12">§601.12</num><heading>Review and Inspection of Facilities</heading><content>(a) The purpose of this section is to establish the process by which staff of the Independent Ombudsman (IO) inspect facilities operated by or under contract with the Texas Juvenile Justice Department (TJJD).(b) All facilities operated by or under contract with TJJD shall be periodically inspected by the ombudsman or deputy ombudsman.(c) Each facility shall be evaluated for its delivery of services to youth to ensure that the rights of youth are fully observed. Inspection of a facility shall include, but is not limited to:(1) review of education services to ensure compliance with applicable TJJD policy and federal and state laws;(2) review of facility security to ensure compliance with TJJD policy;(3) review of the general treatment program administered to youth in the facility to ensure compliance with TJJD policy; and(4) review of facility safety.(d) Upon completion of a facility inspection, the IO staff shall provide appropriate leadership within TJJD written documentation detailing the findings of the facility inspection.(e) IO staff shall file with the ombudsman a complete report documenting the findings and recommendations resulting from a facility inspection and the response from TJJD.</content><note type="source"><p>Source Note: The provisions of this §601.12 adopted to be effective April 22, 2012, 37 TexReg 2685.</p></note></section><section identifier="/us/state/tx/tac/t37/p14/c601/sc/s601.15"><num value="601.15">§601.15</num><heading>Reporting</heading><content>(a) The ombudsman shall submit on a quarterly basis to the governor, the lieutenant governor, the state auditor, and each member of the legislature a report that is both aggregated and disaggregated by individual facility and describes:(1) the work of the ombudsman;(2) the results of any review or investigation undertaken by the ombudsman, including reviews or investigation of services contracted by the Texas Juvenile Justice Department (TJJD); and(3) any recommendations that the ombudsman has in relation to the duties of the ombudsman.(b) The ombudsman shall immediately report to the governor, the lieutenant governor, the speaker of the house of representatives, the state auditor, and the office of the inspector general of TJJD, any particularly serious or flagrant:(1) case of abuse or injury of a child committed to TJJD;(2) problem concerning the administration of a TJJD program or operation;(3) problem concerning the delivery of services in a facility operated by or under contract with TJJD; or(4) interference by TJJD with an investigation conducted by the Independent Ombudsman.</content><note type="source"><p>Source Note: The provisions of this §601.15 adopted to be effective April 22, 2012, 37 TexReg 2685.</p></note></section><section identifier="/us/state/tx/tac/t37/p14/c601/sc/s601.19"><num value="601.19">§601.19</num><heading>Texas Juvenile Justice Department Response to Ombudsman Reports</heading><content>(a) Purpose. The purpose of this section is to establish procedures for providing the Texas Juvenile Justice Department (TJJD) with an opportunity to review and comment on reports issued by the Independent Ombudsman (IO) concerning TJJD.(b) The IO shall accept, both before and after publication of the following IO reports, comments from TJJD concerning those reports:(1) quarterly reports issued under Human Resources Code §261.055;(2) reports concerning serious or flagrant circumstances issued under Human Resources Code §261.055(b); and(3) any other formal reports containing findings and making recommendations concerning systemic issues that affect TJJD.(c) The IO shall ensure that reports described in subsection (b) of this section are in a format to which TJJD can easily respond.(d) Pursuant to Human Resources Code §261.060(b), TJJD may not submit comments after the 30th day after the date the report on which TJJD is commenting is published.(e) After receipt of comments from TJJD regarding a report issued by the IO, whether the comments are received before or after publication of the report, the ombudsman is not obligated to change the report.</content><note type="source"><p>Source Note: The provisions of this §601.19 adopted to be effective April 22, 2012, 37 TexReg 2685.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p15"><num value="15">PART 15</num><heading>TEXAS FORENSIC SCIENCE COMMISSION</heading><chapter identifier="/us/state/tx/tac/t37/p15/c651"><num value="651">CHAPTER 651</num><heading>DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES</heading><subchapter identifier="/us/state/tx/tac/t37/p15/c651/scA"><num value="A">SUBCHAPTER A</num><heading>ACCREDITATION</heading><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.1"><num value="651.1">§651.1</num><heading>Purpose</heading><content>(a) Generally. This subchapter contains the Texas Forensic Science Commission (Commission) rules adopted under The Code of Criminal Procedure, Article 38.01 §4-d, that govern:(1) the recognition of an accrediting body by the Commission; and(2) the accreditation by the Commission of a crime laboratory or other entity conducting forensic analyses of physical evidence for use in criminal proceedings.(b) Accreditation sequence. To be accredited by the Commission under this subchapter, a crime laboratory or other entity must first be accredited by a recognized accrediting body.(c) Source of evidence predicate. The Code of Criminal Procedure, Article 38.35, requires Commission accreditation of a crime laboratory or other entity for admission of evidence or testimony if the crime laboratory or other entity conducts a forensic analysis of physical evidence for use in a criminal proceeding.(d) Statutory Commission accreditation. A crime laboratory or other entity may apply to the Commission for accreditation if accreditation is required for evidence admissibility under Code of Criminal Procedure, Article 38.35.</content><note type="source"><p>Source Note: The provisions of this §651.1 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.2"><num value="651.2">§651.2</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Environmental testing--An analysis by a laboratory conducted for the purpose of determining the chemical, molecular, carcinogenic, radioactive, or pathogenic components of air, water, soil, or other environmental media for use in an administrative, civil, or criminal matter.(2) Forensic analysis--Has the meaning assigned by Code of Criminal Procedure, Article 38.35. The term does not include:(A) latent print examination;(B) a test of a specimen of breath under Chapter 724, Transportation Code;(C) digital evidence;(D) an examination or test excluded by rule under Article 38.01;(E) a presumptive test performed for the purposes of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or(F) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action.(3) Forensic pathology--Includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.(4) Crime Laboratory--Includes a public or private laboratory or other entity that conducts forensic analysis as set forth in Article 38.35, Code of Criminal Procedure. The term includes a forensic DNA laboratory and a CODIS user laboratory.(5) Physical evidence--Has the meaning assigned by Article 38.35, Code of Criminal Procedure.</content><note type="source"><p>Source Note: The provisions of this §651.2 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective October 8, 2017, 42 TexReg 5489.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.3"><num value="651.3">§651.3</num><heading>Recognition Process</heading><content>The Commission must recognize an accrediting body under this section if the Commission determines that the accrediting body:(1) issues an accreditation that is accepted throughout the relevant scientific community and appropriate or available to a crime laboratory or other entity that conducts forensic analyses of physical evidence for use in criminal proceedings;(2) has established adequate accreditation criteria reasonably likely to facilitate trustworthy forensic analysis;(3) requires a periodic competency audit or review of the personnel, facilities, and procedures employed by a crime laboratory or other entity to conduct a forensic analysis; and(4) withholds, grants, or withdraws its accreditation of a crime laboratory or other entity based on its own determination of a reasonable likelihood of meaningful corrective action for each deficiency noted during the periodic audit or review.</content><note type="source"><p>Source Note: The provisions of this §651.3 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.4"><num value="651.4">§651.4</num><heading>List of Recognized Accrediting Bodies</heading><content>(a) The Commission recognizes the accrediting bodies in this subsection, subject to the stated discipline or category of analysis limitations:(1) ANSI National Accreditation Board (ANAB)--recognized for accreditation of all disciplines which are eligible for accreditation under this subchapter as well as for the administration of the American Board of Forensic Toxicology (ABFT) program.(2) American Association for Laboratory Accreditation (A2LA)--recognized for accreditation of all disciplines which are eligible for accreditation under this chapter.(3) American Board of Forensic Toxicology (ABFT)--recognized for accreditation of forensic toxicology discipline only. After December 31, 2022, the Commission will no longer renew laboratory accreditation for laboratories accredited solely by ABFT. Laboratories in good standing with ABFT after December 31, 2022, will maintain their existing accreditation until it expires or is otherwise suspended, revoked or withdrawn by the Commission. After this final accreditation period, the Commission will no longer recognize accreditation by ABFT, and laboratories must obtain accreditation by an entity listed in either paragraph (1) or (2) of this subsection.(b) If an accrediting body is recognized under subsection (a) of this section and the recognized body approves a new discipline, category of analysis or procedure, the Commission may temporarily recognize the new discipline, category of analysis or procedure. A temporary approval shall be effective for 120 days.</content><note type="source"><p>Source Note: The provisions of this §651.4 adopted to be effective June 1, 2010, 35 TexReg 4438; amended to be effective August 19, 2010, 35 TexReg 7079; amended to be effective November 25, 2013, 38 TexReg 8448; amended to be effective June 17, 2015, 40 TexReg 3668; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective April 23, 2019, 44 TexReg 2056; amended to be effective September 15, 2019, 44 TexReg 4874; amended to be effective February 10, 2020, 45 TexReg 919; amended to be effective November 9, 2022, 47 TexReg 7424; amended to be effective April 16, 2023, 48 TexReg 1967.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.5"><num value="651.5">§651.5</num><heading>Forensic Disciplines Subject to Commission Accreditation</heading><content>(a) Forensic analysis/recognized accreditation. This section describes a forensic discipline or category of analysis that involves forensic analysis for use in a criminal proceeding and for which accreditation is available from a recognized accrediting body.(b) By discipline. A crime laboratory may apply for Commission accreditation for one or more of the following disciplines:(1) Seized Drugs. Categories of analysis may include one or more of the following: qualitative determination, quantitative measurement, weight measurement, and volume measurement;(2) Toxicology. Categories of analysis may include one or more of the following: qualitative determination and quantitative measurement;(3) Forensic Biology. Categories of analysis may include one or more of the following: DNA-STR, DNA-YSTR, DNA-Mitochondrial, DNA-massively parallel sequencing, body fluid identification, relationship testing, microbiology, individual characteristic database, and nucleic acids other than human DNA;(4) Rapid DNA. Rapid DNA analysis is the fully automated (hands-free) process of developing a CODIS acceptable STR profile from a casework reference or forensic sample. The "swab in- profile out" process consists of automated extraction, amplification, separation, detection and allele calling without human intervention. (5) Firearms/Toolmarks. Categories of analysis may include one or more of the following: physical comparison, determination of functionality, length measurement, trigger pull force measurement, qualitative chemical determination, distance determination, ejection pattern determination, product (make/model) determination;(6) Materials (Trace). Categories of analysis may include one or more of the following: physical determination, chemical determination, physical/chemical comparison, product (make/model) determination, gunshot residue analysis, footwear and tire tread analysis, and fire debris and explosives analysis (qualitative determination); or(7) Other discipline and its related categories of analysis if accredited by a recognized accrediting body and approved by the Commission.(c) Cross-disciplines and categories of analysis. A laboratory may choose to assign a particular discipline or category of analysis to a different administrative section or unit in the laboratory than the designation set forth in this subchapter.(d) If an accreditation for a category of analysis is accompanied by the term 'only' or a similar notation, the Commission will deem the accreditation to exclude other categories of analysis in that discipline.(e) Accreditation of a confirmation test procedure does not carry automatic accreditation of an associated field, spot, screening, or other presumptive test.</content><note type="source"><p>Source Note: The provisions of this §651.5 adopted to be effective June 1, 2010, 35 TexReg 4438; amended to be effective August 19, 2010, 35 TexReg 7079; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective January 23, 2018, 43 TexReg 357; amended to be effective May 8, 2018, 43 TexReg 2798; amended to be effective December 16, 2018, 43 TexReg 7909; amended to be effective July 15, 2019, 44 TexReg 3549; amended to be effective April 5, 2020, 45 TexReg 2318; amended to be effective July 11, 2021, 46 TexReg 4025; amended to be effective April 16, 2023, 48 TexReg 1968; amended to be effective July 23, 2023, 48 TexReg 3994; amended to be effective September 7, 2025, 50 TexReg 5717.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.6"><num value="651.6">§651.6</num><heading>Forensic Disciplines to Which Commission Accreditation Does Not Apply by Statute</heading><content>This section describes a discipline, category of analysis, or procedure that is excluded from the definition of forensic analysis or otherwise exempted by the Code of Criminal Procedure, Article 38.35. No crime laboratory accreditation is required for the following disciplines:(1) latent print examination;(2) breath specimen testing under Transportation Code, Chapter 724;(3) digital evidence (including computer forensics, audio, or imaging); or(4) an examination or test excluded by rule under Code of Criminal Procedure, Article 38.01 §4-d(c) and set forth in this subchapter.(5) a presumptive test performed for the purposes of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles;(6) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action; or(7) the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.</content><note type="source"><p>Source Note: The provisions of this §651.6 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective December 16, 2018, 43 TexReg 7909.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.7"><num value="651.7">§651.7</num><heading>Disciplines Exempt from Commission Accreditation Requirements by Administrative Rule</heading><content>(a) The Commission has exempted the following categories of forensic analysis from the accreditation requirement by administrative rule:(1) sexual assault examination of a person;(2) forensic anthropology, entomology, or botany;(3) environmental testing;(4) facial or traffic accident reconstruction;(5) serial number restoration;(6) polygraph examination;(7) voice stress, voiceprint, or similar voice analysis;(8) statement analysis;(9) forensic odontology for purposes of human identification or age assessment, not to include bite mark comparison related to patterned injuries;(10) testing and/or screening conducted for sexually transmitted diseases;(11) fire scene investigation, including but not limited to cause and origin determinations;(12) forensic photography;(13) non-criminal paternity testing;(14) non-criminal testing of human or nonhuman blood, urine, or tissue, including but not limited to workplace/employment drug testing;(15) the location, identification, collection, or preservation of physical evidence at a crime scene;(16) crime scene reconstruction;(17) confirmatory testing of a human specimen in a laboratory either accredited by the College of American Pathologists (CAP) forensic drug testing program, or certified by the Centers for Medicare and Medicaid Services of the Department of Health and Human Services (HHS/CMS) under the Clinical Laboratory Improvement Amendments of 1988 (CLIA), or the Substance Abuse and Mental Health Services Administration of the Department of Health and Human Services (SAMHSA/HHS) limited to analysis of urine testing for approved classes of drugs. This is for the purposes of referring, offering, or making available treatment, diversion, intervention, or monitoring conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, the Board of Pardons and Paroles, or another governmental entity. The results of such testing are subsequently entered into evidence in an action to revise or revoke the terms of an individual's bail, bond, community supervision, or parole;(18) document examination, including document authentication, physical comparison, and product determination;(19) other evidence processing or handling that is excluded under §651.2(2) of this title (relating to Definitions); or(20) determination of National Integrated Ballistic Information Network (NIBIN) suitability limited to triaging or grouping multiple items of evidence for NIBIN entry and assessing a set of test fires for purposes of NIBIN entry as well as corresponding NIBIN entry. The suitability assessment may include test-firing, but only if no physical modification is made to the firearm other than what occurs during the act of test-firing the weapon, and subject to the condition that the test fire is for NIBIN suitability only and will not be used for comparison purposes or for determination of functionality.(b) A request for exemption for any discipline not listed in this subsection shall be submitted in writing to the Commission.</content><note type="source"><p>Source Note: The provisions of this §651.7 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective May 17, 2017, 42 TexReg 2568; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective May 8, 2018, 43 TexReg 2798; amended to be effective August 26, 2018, 43 TexReg 5390; amended to be effective December 16, 2018, 43 TexReg 7909; amended to be effective April23,2019, 44 TexReg 2056; amended to be effective July 15, 2019, 44 TexReg 3549; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective October 24, 2021, 46 TexReg 7076; amended to be effective February 12, 2023, 48 TexReg 524; amended to be effective May 21, 2024, 49 TexReg 3582.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.8"><num value="651.8">§651.8</num><heading>Commission Accreditation and Accredited Laboratory Reporting Requirements.</heading><content>(a) Issuance and renewal. The Commission may issue or renew accreditation under this section.(b) Application. An applicant for Commission accreditation must complete and submit to the Commission a current Laboratory Accreditation Form and attach copies of the following:(1) an accreditation certificate and letter of notification of accreditation from a recognized accrediting body; and(2) each document provided by the recognized accrediting body that identifies the discipline or category of analysis for which the laboratory has received accreditation and any limitation or restriction regarding that accreditation.(c) Additional information. The Commission may require additional information to properly evaluate the application either as part of the original application or as supplemental information.(d) Reports to the Commission:(1) If accredited by ANAB, a laboratory must provide the Commission with a copy of each accreditation assessment report including, but not limited to, any on-site surveillance assessment report, off-site surveillance assessment report, scope extension assessment report, Federal Bureau of Investigation Quality Assurance Standards Audit for Forensic DNA Testing Laboratories report, ABFT Checklist report, as well as any management system's internal or external audit report, or any other reports required pursuant to compliance with accreditation by the laboratory within 5 days of completion or receipt of the report. If accredited by A2LA, a laboratory must provide the Commission with a copy of each equivalent report within 5 days of completion or receipt of the report.(2) A laboratory must provide the Commission with a copy of all substantive communications between the laboratory and the recognized accrediting body. The laboratory must submit the copy to the Commission no later than 10 days after the date the laboratory receives or transmits the correspondence, report, or communication.(3) A laboratory that either voluntarily makes a decision to discontinue accreditation or is informed by its accrediting body of the accrediting body's decision to discontinue its accreditation in a specific forensic discipline or category of analysis must submit written notification to the Commission no later than 5 business days after the effective date of the discontinuation.(4) A laboratory must notify the Commission by email no later than five (5) business days of any change to the employment status of its Commission-licensed forensic analyst or forensic technician who departs employment, experiences a gap in employment, is not actively performing casework, or temporarily assumes non-forensic analysis, administrative duties from the laboratory.(e) Federal forensic laboratories. A federal forensic laboratory is deemed to be accredited by the Commission without application provided that the laboratory is accredited by a recognized accrediting body as provided under §651.4 of this subchapter (relating to List of Recognized Accrediting Bodies). A laboratory deemed accredited is not subject to the reporting requirements of this subchapter or the processes provided under Subchapter B of this chapter (relating to Complaints, Special Review, and Administrative Action).</content><note type="source"><p>Source Note: The provisions of this §651.8 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective February 25, 2024, 49 TexReg 877; amended to be effective March 6, 2025, 50 TexReg 1695.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.9"><num value="651.9">§651.9</num><heading>Provisional Commission Accreditation</heading><content>(a) Issuance and renewal. The Commission may issue provisional accreditation under this section that is non-renewable for that discipline, category of analysis, or procedure.(b) Application. An applicant for provisional Commission accreditation shall complete and submit to the Commission a current Laboratory Accreditation Form as referenced in §651.8(b) of this subchapter (relating to Full Commission Accreditation) and attach copies of the following:(1) the application for accreditation by a recognized accrediting body;(2) the initial audit, inspection, or review report from an independent auditor based on the standards of the recognized accrediting body;(3) a full response in writing to the initial audit, inspection, or review report described in paragraph (2) of this subsection; and(4) each document provided by the recognized accrediting body that identifies the discipline or category of analysis for which the laboratory seeks accreditation.(c) Provisional-Interim. If a laboratory is in good standing with its accrediting body and has made application to renew or replace its accreditation, the laboratory may apply for Provisional Commission Accreditation if necessary to cover a period between times that it qualifies for full Commission accreditation. For this Provisional Commission Accreditation, the laboratory may complete and submit to the Commission a current Laboratory Accreditation Form as referenced in §651.8(b) of this subchapter and attach copies of the following:(1) the application for accreditation by a recognized accrediting body; and(2) each document provided by the recognized accrediting body that identifies the discipline or sub-discipline for which the laboratory seeks accreditation.(d) Additional information. The Commission may require additional information to properly evaluate the application either as part of the original application or as supplemental information.(e) Reports to the Commission.(1) The laboratory shall request that the recognized accrediting body provide the Commission with a copy of each audit, inspection, or review report conducted before full Commission accreditation.(2) A laboratory shall provide the Commission with a copy of correspondence and each report or communication between the laboratory and the recognized accrediting body. The laboratory shall submit the copy to the Commission no later than 30 days after the date the laboratory receives or transmits the correspondence, report, or communication.(3) A laboratory that discontinues a specific forensic discipline, category of analysis, or procedure shall submit written notification to the Commission at least 30 days before the effective date of the discontinuation.(f) Second sample required. A laboratory with provisional Commission accreditation under this section must:(1) preserve one or more separate samples of the physical evidence for use by the defense attorney or use under order of the convicting court; and(2) agree to preserve, and preserve those samples until all appeals in the criminal case are final.</content><note type="source"><p>Source Note: The provisions of this §651.9 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.10"><num value="651.10">§651.10</num><heading>Accreditation Term</heading><content>(a) Normal term. The normal term for Commission accreditation:(1) begins on the date of issuance of the initial Commission accreditation letter; and(2) extends until withdrawn by the recognized accrediting body or by the Commission under §651.11 of this subchapter (relating to Automatic Withdrawal of Commission Accreditation) or under §651.104 of this chapter (relating to Withdrawal of Commission Accreditation).(b) Provisional term.(1) A laboratory that applies for accreditation from a recognized accrediting body may apply to the Commission for provisional accreditation in accordance with §651.9 of this subchapter (relating to Provisional Commission Accreditation) for a term not to exceed one year from the date the Commission issues the accreditation unless formally extended for good cause by the Commission.(2) If a currently accredited laboratory is in the process of renewing or replacing its accreditation from a recognized accrediting body, prior to the end of its term, and applies for provisional Commission accreditation, the term of that provisional accreditation may not exceed six (6) months.(c) Limited term. A laboratory, including an out of state, federal, or private laboratory, may request Commission accreditation for a term less than the term normally available under this subchapter.</content><note type="source"><p>Source Note: The provisions of this §651.10 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective October 8, 2017, 42 TexReg 5489; amended to be effective August 26, 2020, 45 TexReg 5930.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scA/s651.11"><num value="651.11">§651.11</num><heading>Automatic Withdrawal or Suspension of Commission Accreditation</heading><content>The Commission must automatically withdraw, suspend, or designate as inactive:(1) the full Commission accreditation for a laboratory, discipline, or subdiscipline at the date and time that the recognized accrediting body withdraws, suspends, or designates as inactive the laboratory, discipline, or subdiscipline accreditation; or(2) the provisional Commission accreditation for a laboratory, discipline, or subdiscipline at the date and time that the recognized accrediting body notifies the Commission that the laboratory has withdrawn its application for the relevant laboratory, discipline, or subdiscipline accreditation.</content><note type="source"><p>Source Note: The provisions of this §651.11 adopted to be effective June 1, 2010, 35 TexReg 4438; transferred effective September 1, 2015, as published in the Texas Register July 31, 2015, 40 TexReg 4907; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p15/c651/scB"><num value="B">SUBCHAPTER B</num><heading>ACCREDITATION-RELATED ACTIONS</heading><section identifier="/us/state/tx/tac/t37/p15/c651/scB/s651.101"><num value="651.101">§651.101</num><heading>Process for Initiating Accreditation-Related Actions</heading><content>(a) If the Commission learns of a fact or circumstance from a laboratory's recognized accrediting body, or receives a third-party complaint regarding the reliability of a laboratory, or the validity of a procedure, examination, or test conducted by the laboratory since the date of application for Commission accreditation, the Commission may take any of the following actions:(1) coordinate with the laboratory's recognized accrediting body regarding information needed to address the issue(s) and any additional steps to facilitate resolution of the issue(s);(2) refer the matter to the laboratory's director for evaluation, audit, correction, or other appropriate action;(3) initiate an audit under §651.102 of this title (relating to Audit);(4) issue a letter to the laboratory:(A) requesting an immediate response and explanation of the matter;(B) requiring the laboratory permit or arrange for an immediate inspection or audit of the matter; or(C) explaining the action to be taken by the Commission in the matter;(5) notify a law enforcement agency or prosecutor with jurisdiction; and(6) any other actions deemed appropriate by the Commission.(b) Records. The Commission may maintain a public record of a laboratory's accreditation or approval status.(1) The Commission may maintain in the public record a notation of an action taken under this subchapter, including a question, complaint or audit.(2) A question, complaint, or audit is public information when in the possession of the Commission, except as provided by the Code of Criminal Procedure Article 38.01 §10 or other applicable law.</content><note type="source"><p>Source Note: The provisions of this §651.101 adopted to be effective June 1, 2010, 35 TexReg 4439; transferred effective September 1, 2015, as published in the Texas Register October 9, 2015, 40 TexReg 7109; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scB/s651.102"><num value="651.102">§651.102</num><heading>Audit of Quality Assurance Matters</heading><content>(a) The Commission may, at any reasonable time, enter the premises or audit the records, reports, procedures, or other quality assurance matters of a crime laboratory that is accredited or seeking accreditation under this chapter.(b) If the Commission determines there is reasonable cause to believe a laboratory has failed to maintain quality assurance standards as required by its recognized accrediting body, or has otherwise engaged in acts or omissions raising questions about the reliability or validity of the forensic analysis performed in the laboratory, or has violated any rule in this chapter, the Commission may take appropriate action, including one or more of the following:(1) direct the laboratory to conduct an internal audit and implement appropriate corrective action;(2) order the laboratory to obtain, at its own expense, an external audit by a subject matter expert approved by the Commission and the laboratory's recognized accrediting body and provide the expert's report to the Commission within a reasonable time frame determined by the Commission;(3) initiate an evaluation of continued accreditation; or(4) any other actions deemed appropriate by the Commission.(c) An audit under this subchapter must comply with minimum standards for audits or inspections as established by the Commission.(d) A laboratory, facility, or entity that must be accredited under Code of Criminal Procedure, Article 38.01 §4-d must, as part of the accreditation process, agree to consent to any request for cooperation by the Commission that is made as part of the exercise of the Commission's duties under this subchapter.(e) The Commission may require a laboratory, facility, or entity required to be accredited under Code of Criminal Procedure, Article 38.01 §4-d to pay any costs incurred for accrediting, inspecting, or auditing to ensure compliance with the accreditation process.</content><note type="source"><p>Source Note: The provisions of this §651.102 adopted to be effective June 1, 2010, 35 TexReg 4439; transferred effective September 1, 2015, as published in the Texas Register October 9, 2015, 40 TexReg 7109; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scB/s651.103"><num value="651.103">§651.103</num><heading>Corrective Action Plan</heading><content>(a) If a laboratory is subject to an audit that resulted in a determination that corrective action is needed, the laboratory shall propose a corrective action plan and submit the plan to the Commission within 30 days from the date the laboratory receives the subject matter expert's report.(b) A proposed corrective action plan under this section must fully address each adverse finding and identify appropriate corrective action.(c) The Commission must promptly review a proposed corrective action plan and take the following action:(1) approve the corrective action plan; or(2) decline to approve the corrective plan and identify necessary revisions to the plan.(d) The Commission must notify the laboratory in writing of approval or disapproval of the audit response. If not approved, the Commission must notify the laboratory of required corrective action, and the laboratory must implement the corrective action in a timely manner specified in the notification, except as provided by subsection (e) of this section.(e) A laboratory must implement and complete an approved corrective action plan described in subsection (d) of this section, unless the laboratory demonstrates good cause for extension to the Commission before the due date for completion.</content><note type="source"><p>Source Note: The provisions of this §651.103 adopted to be effective June 1, 2010, 35 TexReg 4439; transferred effective September 1, 2015, as published in the Texas Register October 9, 2015, 40 TexReg 7109; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scB/s651.104"><num value="651.104">§651.104</num><heading>Withdrawal or Suspension of Commission Accreditation for Statute or Rule Violation</heading><content>(a) Withdrawal or Suspension for Violation. The Commission by a majority vote of a quorum of Commission members may withdraw or suspend accreditation of a laboratory, discipline, or subdiscipline if the laboratory:(1) violates article 38.01 of the Code of Criminal Procedure;(2) fails to respond meaningfully within five business days to a letter issued by the Commission under this subchapter;(3) fails to timely submit to an audit or other internal or external review required under this subchapter;(4) fails to allow or substantially interferes with an inspection or audit conducted under this subchapter; or(5) violates the code of professional responsibility set forth in subchapter C, §651.219.(b) Withdrawal or Suspension Pursuant to a Finding or Recommendation from an Audit or Commission Investigation. The Commission by a majority vote of a quorum of Commission members, may withdraw or suspend the accreditation for a laboratory, discipline, or subdiscipline if the Commission determines the integrity, reliability, or validity of the laboratory, discipline, or forensic analysis can no longer be ensured pursuant to a finding or recommendation that resulted from:(1) an audit by a subject matter expert conducted under §651.102 of this subchapter (relating to Audit of Quality Assurance Matters); or(2) any other investigation by the Commission pursuant to this chapter or the Code of Criminal Procedure, Article 38.01 §4.</content><note type="source"><p>Source Note: The provisions of this §651.104 adopted to be effective June 1, 2010, 35 TexReg 4439; transferred effective September 1, 2015, as published in the Texas Register October 9, 2015, 40 TexReg 7109; amended to be effective December 24, 2015, 40 TexReg 9305; amended to be effective August 26, 2020, 45 TexReg 5930; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scB/s651.105"><num value="651.105">§651.105</num><heading>Reinstatement of Commission Accreditation</heading><content>(a) An accredited laboratory that has had Commission accreditation withdrawn, suspended, or designated as inactive automatically under §651.11 of this title based on the actions of the laboratory's recognized accrediting body (relating to Automatic Withdrawal or Suspension of Commission Accreditation) may have its accreditation reinstated by the Commission, if the laboratory shows that it presently meets or exceeds the quality assurance standards required by the laboratory's recognized accrediting body.(b) An accredited laboratory that has had Commission accreditation withdrawn or suspended under §651.104 of this title (relating to Withdrawal or Suspension of Commission Accreditation) may have its accreditation reinstated by the Commission. If the laboratory:(1) shows that it presently meets or exceeds the quality assurance standards required by the laboratory's recognized accrediting body;(2) demonstrates resolution or pending resolution of all non-conformities or other issues identified by the Commission; and(3) the Commission or its Designee determines that issues identified with respect to the integrity, reliability, or validity of the forensic analysis, discipline, or subdiscipline for which accreditation was withdrawn or suspended were resolved by the laboratory to the extent possible.</content><note type="source"><p>Source Note: The provisions of this §651.105 adopted to be effective February 25, 2024, 49 TexReg 877.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p15/c651/scC"><num value="C">SUBCHAPTER C</num><heading>FORENSIC ANALYST LICENSING PROGRAM</heading><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.201"><num value="651.201">§651.201</num><heading>Purpose</heading><content>(a) Generally. This subchapter contains the Texas Forensic Science Commission (Commission) rules adopted under Article 38.01 §4-a, Code of Criminal Procedure, that govern:(1) the Commission's forensic analyst licensing program; and(2) the licensing of an individual forensic analyst by the Commission.(b) Licensing sequence. To be licensed by the Commission under this subchapter, a forensic analyst must first be employed by a crime laboratory accredited by the Commission with the exception of §651.210 or §651.211 of this subchapter.(c) Source of evidence predicate. Under Article 38.01 §4-a(b), Code of Criminal Procedure, a person may not act or offer to act as a forensic analyst unless the person holds a Forensic Analyst License, effective January 1, 2019.</content><note type="source"><p>Source Note: The provisions of this §651.201 adopted to be effective May 16, 2018, 43 TexReg 3106.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.202"><num value="651.202">§651.202</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited laboratory - Includes a public or private laboratory or other entity that conducts forensic analysis as defined in Article 38.35, Code of Criminal Procedure, and is accredited by a national accrediting body recognized by the Commission and listed in §651.4 of this title (relating to List of Recognized Accrediting Bodies).(2) Accredited university - A college or university accredited by a national accrediting body recognized by the United States Department of Education or a foreign university with a degree program(s) recognized as equivalent by the Commission(3) Crime scene investigation - Includes locating, documenting, and preserving evidence at a crime scene as well as analysis of selected evidence for purposes of assessing suitability for additional forensic testing. It does not include the application of the scientific method to evaluate information regarding a scene, which would be considered crime scene reconstruction.(4) Crime scene processing - Includes locating, documenting, and preserving evidence at a crime scene, but does not include any analytical activities with respect to the evidence.(5) Crime scene reconstruction - The application of the scientific method to evaluate information regarding a crime scene from all reasonably available sources such as scene documentation, investigative reports, physical evidence, laboratory reports, autopsy documentation, photographs, video, and witness statements. Crime Scene Reconstruction--as distinguished from crime scene processing or crime scene investigation--includes the application of analytical methods beyond general observations or opinions about the scene to identify and test hypotheses.(6) Document Examination - Includes the scientific examinations, analyses, and comparisons of documents in order to determine the origin, authenticity, and authorship.(7) Forensic analysis - Has the meaning assigned by Article 38.35, Code of Criminal Procedure.(8) Forensic analyst - A person who on behalf of a crime laboratory accredited under Article 38.01 §4-d, Code of Criminal Procedure, technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a court or crime laboratory. The term does not include a medical examiner or other forensic pathologist who is a licensed physician.(9) Forensic anthropology - Includes the application of anthropological methods and theory, particularly those relating to the recovery and analysis of human remains.(10) Forensic pathology - Includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.(11) Inactive- A forensic analyst or forensic technician license issued by the Commission is designated inactive when a person licensed by the Commission:(A) departs employment, experiences a gap in employment, is not actively performing casework, or temporarily assumes non-forensic analysis administrative duties for an accredited laboratory; or (B) is within the period of ninety (90) days permitted to reinstate an expired license pursuant to §651.209(a) of this subchapter (relating to Forensic Analyst and Forensic Technician License Expiration). (12) Interpretation for toxicology - Interpretation is the consideration of dose-response relationships between drugs, alcohol, or other compounds of interest and the resulting behavioral or physical changes to human performance, including the evaluation of pharmacokinetic and pharmacodynamics parameters. Examples include but are not limited to: calculation of dose or other pharmacokinetic calculations; determination of drug/drug interactions; determination (or reporting) of therapeutic, toxic, or lethal drug ranges; evaluation of drug absorption, distribution, metabolism, or excretion; and determination of the effects (mental or physical).(13) Latent print examination - Includes the forensic examination of friction ridge detail from the hands and feet.(14) Latent Print Processing -Includes identifying and preserving latent prints from items obtained at a crime scene utilizing appropriate visual, physical, and/or chemical techniques with sequential processing to develop latent, patent, and/or plastic prints from a substrate.(15) Physical evidence - Has the meaning assigned by Article 38.35, Code of Criminal Procedure.(16) Professional Misconduct - The forensic analyst or crime laboratory, through a material act or omission, deliberately failed to follow the standard of practice that an ordinary forensic analyst or crime laboratory would have followed, and the deliberate act or omission would substantially affect the integrity of the results of a forensic analysis. An act or omission was deliberate if the forensic analyst or crime laboratory was aware of and consciously disregarded an accepted standard of practice required for a forensic analysis.(17) Forensic Technician - An individual who performs basic analytical functions under the supervision of a qualified analyst, but does not evaluate data, reach conclusions, or sign any report for court or investigative purposes, shall be considered a technician under the disciplines set forth in this section, with the exception of a Firearms/Toolmarks Technician who may issue a report provided it is limited to a representation that a firearm was test-fired and/or cartridge cases were entered into the National Integrated Ballistics Information Network</content><note type="source"><p>Source Note: The provisions of this §651.202 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective September 15, 2019, 44 TexReg 4874; amended to be effective April 5, 2020, 45 TexReg 2318; amended to be effective August 22, 2024, 49 TexReg 6250; amended to be effective March 6, 2025, 50 TexReg 1695.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.203"><num value="651.203">§651.203</num><heading>Forensic Disciplines Subject to Commission Licensing; Categories of Licensure</heading><content>(a) Forensic analysis/recognized accreditation. This section describes the forensic disciplines for which accreditation by an accrediting body recognized by the Commission is required by Article 38.01, Code of Criminal Procedure and for which licensing is therefore also required.(b) By discipline. An individual may apply to the Commission for a Forensic Analyst License for one or more of the disciplines set forth in this section. The specific requirements for obtaining a license in any of the following disciplines may differ depending upon the categories of analysis within the discipline for which the individual is qualified to perform independent casework as set forth in §651.207 of this subchapter (relating to Forensic Analyst Licensing Requirements Including License Term, Fee and Procedure for Denial of Application and Reconsideration). An individual's license shall designate the category or categories of licensure for which the individual has been approved for independent casework and for which the individual has met the requirements set forth in §651.207 of this subchapter as follows:(1) Seized Drugs. Categories of analysis may include one or more of the following: qualitative determination, quantitative measurement, weight measurement, and volume measurement; Categories of Licensure: Seized Drugs Analyst; Seized Drugs Technician;(2) Toxicology. Categories of analysis may include one or more of the following: qualitative determination and quantitative measurement; Categories of Licensure: Toxicology Analyst Alcohol only (Non-interpretive); Toxicology Analyst (General, Non-interpretive); Toxicology Analyst (Interpretive); Toxicology Technician;(3) Forensic Biology. Categories of analysis may include one or more of the following: DNA-STR, DNA-YSTR, DNA-Mitochondrial, DNA-massively parallel sequencing, body fluid identification, relationship testing, microbiology, individual characteristic database, and nucleic acids other than human DNA; Categories of Licensure: DNA Analyst; Forensic Biology Screening Analyst; Analyst of Nucleic Acids other than Human DNA; Forensic Biology Technician;(4) Firearms/Toolmarks. Categories of analysis may include one or more of the following: physical comparison, determination of functionality, length measurement, trigger pull force measurement, qualitative chemical determination, distance determination, ejection pattern determination, product (make/model) determination; Categories of Licensure: Firearms/Toolmarks Analyst; Firearms/Toolmarks Technician;(5) Materials (Trace). Categories of analysis may include one or more of the following: physical determination, chemical determination, chemical comparison, product (make/model) determination, gunshot residue analysis, footwear and tire tread analysis, and fire debris and explosives analysis (qualitative determination); Categories of Licensure: Materials (Trace) Analyst; Materials (Trace) Technician.(c) Cross-disciplines. A laboratory may choose to assign a particular discipline or category of analysis to a different administrative section or unit in the laboratory than the designation set forth in this subchapter. Though an individual may perform a category of analysis under a different administrative section or unit in the laboratory, the individual still shall comply with the requirements for the discipline or category of analysis as outlined in this subchapter.(d) Analysts and Technicians Performing Forensic Analysis on Behalf of the United States Government. Any forensic analyst or technician who performs forensic analysis on behalf of a publicly funded laboratory or law enforcement entity operating under the authority of the United States Government is deemed licensed to perform forensic analysis in Texas for purposes of this subchapter.</content><note type="source"><p>Source Note: The provisions of this §651.203 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective November 25, 2018, 43 TexReg 7559; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 5, 2020, 45 TexReg 2318; amended to be effective April 16, 2023, 48 TexReg 1968; amended to be effective July 23, 2023, 48 TexReg 3994; amended to be effective March 4, 2026, 51 TexReg 1291.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.204"><num value="651.204">§651.204</num><heading>Forensic Disciplines to Which the Commission Licensing Requirement Does Not Apply by Statute</heading><content>This section describes a discipline, category of analysis, or procedure that is excluded from the definition of forensic analysis or otherwise expressly exempted from accreditation by Article 38.35, Code of Criminal Procedure. No license is required for the following disciplines:(1) latent print examination;(2) breath specimen testing under Transportation Code, Chapter 724;(3) digital evidence (including but not limited to computer forensics, audio, or imaging);(4) an examination or test excluded by rule under Article 38.01 §4-d(c), Code of Criminal Procedure and set forth in Chapter 651, Subchapter A of this title;(5) a presumptive test performed for the purposes of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles;(6) an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of physical evidence to a criminal action; or(7) the portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.</content><note type="source"><p>Source Note: The provisions of this §651.204 adopted to be effective May 16, 2018, 43 TexReg 3106.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.205"><num value="651.205">§651.205</num><heading>Forensic Disciplines Exempt from the Commission Licensing Requirement by Administrative Rule</heading><content>The Commission has exempted certain forensic disciplines from the accreditation requirement by administrative rule under §651.7 of this title and thus the licensing requirement does not apply to these forensic disciplines.</content><note type="source"><p>Source Note: The provisions of this §651.205 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7909.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.206"><num value="651.206">§651.206</num><heading>Exemptions from Commission Licensing Requirements</heading><content>(a) Non-proficiency tested laboratory support personnel exemption. An individual who performs only support functions that do not require participation in proficiency testing in accordance with the laboratory's accrediting body requirements is not required to obtain a Forensic Analyst License.(b) Proficiency tested laboratory support personnel waiver application.(1) A laboratory may apply to the Commission for an exemption from the licensing requirement on behalf of personnel who are subject to accrediting body proficiency testing requirements, but perform only support functions so limited in nature (e.g., aliquoting, accessioning, data entry, etc.) as to render the licensing requirement overly burdensome and impractical for those employees.(2) The Licensing Advisory Committee shall review each support personnel waiver application and make a determination as to the applicability of the exemption under this section based on the description in paragraph (1) of this subsection. Any laboratory that is denied a support personnel waiver request may appeal the decision to the full Commission.(c) The exemptions in this section related to support personnel are limited to individuals performing support roles as described above. An individual who technically reviews or draws conclusions from or interprets forensic analysis must obtain a Forensic Analyst License even if he or she is not required to be proficiency tested by the laboratory's accrediting body.(d) Exemption for forensic analyses performed prior to the effective date of licensing requirements. A forensic analyst who provides testimony and related analysis in a court proceeding regarding forensic analysis performed prior to the effective date of the licensing requirement is not required to obtain a Forensic Analyst License for the sole purpose of offering the testimony and related analysis.(e) Exemption for forensic analyses performed by former licensee. A forensic analyst who no longer performs forensic analysis on behalf of a Texas-accredited laboratory or in a Texas criminal action who provides testimony and related analysis in a court proceeding regarding forensic analysis performed when the analyst was licensed by the Commission in the particular forensic discipline is not required to obtain a Forensic Analyst License as long as the analyst was in compliance with any applicable licensing rules at the time the forensic analysis was conducted.(f) Exemption for forensic discipline change. A forensic analyst who currently performs forensic analysis on behalf of a Texas-accredited laboratory or in a Texas criminal action who provides testimony and related analysis in a court proceeding regarding forensic analysis performed for a different forensic discipline than the discipline in which the forensic analyst is currently licensed is not required to obtain a Forensic Analyst License as long as the analyst was in compliance with any applicable licensing rules at the time the forensic analysis was conducted.(g) Exemption for Toxicology (Interpretive) analysts adding Seized Drugs to license scope. Any Toxicology (Interpretive) analyst who was licensed before January 1, 2019 and who seeks to add the Seized Drugs forensic discipline to his or her license after January 1, 2019 shall comply with the minimum education and specific coursework requirements in effect for the Seized Drugs discipline at the time the analyst's initial license application was granted.(h) Retroactive Application of Exemption for Toxicology (Interpretive) analysts seeking to add Seized Drugs discipline. Forensic analysis in the Seized Drugs discipline performed by a licensed Toxicology (Interpretive) analyst between January 1, 2019 and the effective date of subsection (g) of this section shall not be considered a violation of this subchapter provided at the time the Seized Drugs analysis was performed, the licensee who performed the analysis was in compliance with the minimum education and specific coursework requirements in effect for the Seized Drugs discipline prior to January 1, 2019.</content><note type="source"><p>Source Note: The provisions of this §651.206 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7909; amended to be effective April 23, 2019, 44 TexReg 2057; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 6, 2020, 45 TexReg 2319.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.207"><num value="651.207">§651.207</num><heading>Forensic Analyst and Forensic Technician Licensing Requirements, Including Initial License Term and Fee, Minimum Education and Coursework, General Forensic Examination, Proficiency Monitoring, and Mandatory Legal and Professional Responsibility Training</heading><content>(a) Issuance. The Commission may issue an individual's Forensic Analyst or Forensic Technician License under this section.(b) License Term. A Forensic Analyst or Forensic Technician license holder must renew the license holder's license after the initial date of issuance, every two years on the day before the issuance of the initial license with the exception of §651.208(b) of this subchapter (relating to Renewal Term).(c) Application. Before being issued a Forensic Analyst or Forensic Technician License, an applicant must:(1) demonstrate that he or she meets the definition of Forensic Analyst or Forensic Technician set forth in this subchapter;(2) complete and submit to the Commission a current Forensic Analyst or Forensic Technician License Application form;(3) pay the required fee(s) as applicable:(A) Initial Application fee of $220 for Analysts and $150 for Technicians/Screeners;(B) Biennial renewal fee of $200 for Analyst and $130 for Technicians/Screeners;(C) Pro-rated Fees for Certain License Renewals. This subsection applies to licensees initially licensed before January 1, 2024 who are renewing on or before December 31, 2026. Application fee of $220 for Analysts and $150 for Technicians for the twenty-four months of the Initial License Term. If the Analyst or Technician's renewed license term under §651.208(b) of this subchapter exceeds twenty-four months, the Analyst or Technician shall pay an additional prorated amount of $8.33 per month (for Analysts) and $5.42 per month (for Technicians) for each month exceeding two years. If the Analyst or Technician's Initial License Term under §651.208(b) of this subchapter is less than twenty-four months, the Analyst or Technician shall pay a prorated amount of $8.33 per month (for Analysts) and $5.42 per month (for Technicians) for each month in the Initial License Term;(D) Provisional License fee of $110 for Analysts and $75 for Technicians; An applicant who is granted a provisional license and has paid the required fee will not be required to pay an additional initial application fee if the provisional status is removed within one year of the date the provisional license is granted;(E) License Reinstatement fee of $220;(F) De Minimis License fee of $200 per ten (10) licenses;(G) Uncommon Forensic Analysis License fee of $200 per ten (10) licenses; and/or(H) Special Exam Fee of $50 for General Forensic Analyst Licensing Exam, required only if testing beyond the three initial attempts or voluntarily taking the exam under the Unaccredited Forensic Discipline Exception described in subsection (g)(5)(C) of this section;(4) provide accurate and current address and employment information to the Commission and update the Commission within five (5) business days of any change in address or change of employment. Licensees are required to provide a home address, email address, and employer name and address on an application for a license. If a forensic analyst or forensic technician departs employment, experiences a gap in employment, is no longer actively performing casework, or temporarily assumes non-forensic analysis, administrative duties from an accredited laboratory, or has ninety (90) days or less to reinstate an expired license pursuant to §651.209(a) of this subchapter (relating to Forensic Analyst and Forensic Technician License Expiration), the licensee's status is deemed inactive and will be designated as inactive in the Commission's online database of licensees, until such time that the licensee notifies the Commission of their employment by an accredited laboratory as a forensic analyst or forensic technician, or has a change in job duties requiring the licensee to resume active casework; and(5) provide documentation that he or she has satisfied all applicable requirements set forth under this section.(d) Minimum Education Requirements.(1) Seized Drugs Analyst. An applicant for a Forensic Analyst License in seized drugs must have a baccalaureate or advanced degree in chemical, physical, biological science, chemical engineering or forensic science from an accredited university.(2) Seized Drugs Technician. An applicant for a Forensic Analyst License limited to the seized drug technician category must have a minimum of an associate's degree or equivalent.(3) Toxicology (Toxicology Analyst (Alcohol Only, Non-interpretive), Toxicology Analyst (General, Non-interpretive), Toxicology Analyst (Interpretive)). An applicant for a Forensic Analyst License in toxicology must have a baccalaureate or advanced degree in a chemical, physical, biological science, chemical engineering or forensic science from an accredited university.(4) Toxicology Technician. An applicant for a Forensic Analyst License limited to the toxicology technician category must have a minimum of an associate's degree or equivalent.(5) Forensic Biology (DNA Analyst, Forensic Biology Screener, Nucleic Acids other than Human DNA Analyst, Forensic Biology Technician). An applicant for any category of forensic biology license must have a baccalaureate or advanced degree in a chemical, physical, biological science or forensic science from an accredited university.(6) Firearm/Toolmark Analyst. An applicant for a Forensic Analyst License in firearm/toolmark analysis must have a baccalaureate or advanced degree in a chemical, physical, biological science, engineering or forensic science from an accredited university.(7) Firearm/Toolmark Technician. An applicant for a Forensic Analyst License limited to firearm/toolmark technician must have a minimum of a high school diploma or equivalent degree.(8) Materials (Trace) Analyst. An applicant for a Forensic Analyst License in materials (trace) must have a baccalaureate or advanced degree in a chemical, physical, biological science, chemical engineering or forensic science from an accredited university. A Materials (Trace) Analyst performing only impression evidence analyses must have a minimum of a high school diploma or equivalent degree.(9) Materials (Trace) Technician. An applicant for a Forensic Analyst License limited to materials (trace) technician must have a minimum of a high school diploma or equivalent degree.(10) Foreign/Non-U.S. degrees. The Commission shall recognize equivalent foreign, non-U.S. baccalaureate or advanced degrees. The Commission reserves the right to charge licensees a reasonable fee for credential evaluation services to assess how a particular foreign degree compares to a similar degree in the United States. The Commission may accept a previously obtained credential evaluation report from an applicant or licensee in fulfillment of the degree comparison assessment.(11) If an applicant does not meet the minimum education qualifications outlined in this section, the procedure in subsection (f) or (j) of this section applies.(e) Specific Coursework Requirements.(1) Seized Drugs Analyst. An applicant for a Forensic Analyst License in seized drugs must have a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university. In addition to the chemistry coursework, an applicant must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.(2) Toxicology. An applicant for a Forensic Analyst License in toxicology must fulfill required courses as appropriate to the analyst's role and training program as described in the categories below:(A) Toxicology Analyst (Alcohol Only, Non-interpretive). A toxicology analyst who conducts, directs or reviews the alcohol analysis of forensic toxicology samples, evaluates data, reaches conclusions and may sign a report for court or investigative purposes, but does not provide interpretive opinions regarding human performance must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university.(B) Toxicology Analyst (General, Non-interpretive). A toxicology analyst who conducts, directs or reviews the analysis of forensic toxicology samples, evaluates data, reaches conclusions and may sign a report for court or investigative purposes, but does not provide interpretive opinions regarding human performance, must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework that includes organic chemistry and two three-semester credit hour (or equivalent) college-level courses in analytical chemistry and/or interpretive science courses that may include Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative Analysis, Separation Science, Spectroscopic Analysis, Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry, Pharmacology, Physiology, or Toxicology. (C) Toxicology Analyst (Interpretive). A toxicology analyst who conducts, directs or reviews the analysis of forensic toxicology samples, evaluates data, reaches conclusions, signs reports, and/or provides interpretive opinions regarding human performance related to the results of toxicological tests (alcohol and general) for court or investigative purposes must complete a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework that includes organic chemistry, one three-semester credit hour (or equivalent) course in college-level analytical chemistry (Analytical Chemistry, Chemical Informatics, Instrumental Analysis, Mass Spectrometry, Quantitative Analysis, Separation Science or Spectroscopic Analysis) and one three-semester credit hour (or equivalent) college-level courses in interpretive science. (Biochemistry, Drug Metabolism, Forensic Toxicology, Medicinal Chemistry, Pharmacology, Physiology, or Toxicology). (D) An applicant for a toxicology license for any of the categories outlined in subparagraphs (A) - (C) of this paragraph must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.(3) DNA Analyst. An applicant for a Forensic Analyst License in DNA analysis must demonstrate he/she has fulfilled the specific coursework requirements of the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing Laboratories effective at the time of the individual's application. An applicant must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.(4) Firearm/Toolmark Analyst. An applicant must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. No other specific college-level coursework is required.(5) Materials (Trace) Analyst. An applicant for a Forensic Analyst License in materials (trace) for one or more of the chemical analysis categories of analysis (chemical determination, physical/chemical comparison, gunshot residue analysis, and fire debris and explosives analysis) must have a minimum of sixteen-semester credit hours (or equivalent) in college-level chemistry coursework above general coursework from an accredited university. In addition to chemistry coursework for the chemical analysis categories, all materials (trace) license applicants must also have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. An applicant for a Forensic Analyst License in materials (trace) limited to impression evidence is not required to fulfill any specific college-level coursework requirements other than the statistics requirement.(6) Exemptions from specific coursework requirements. The following categories of licenses are exempted from coursework requirements:(A) An applicant for the technician license category of any forensic discipline set forth in this subchapter is not required to fulfill any specific college-level coursework requirements.(B) An applicant for a Forensic Analyst License limited to forensic biology screening, nucleic acids other than human DNA and/or Forensic Biology Technician is not required to fulfill the Federal Bureau of Investigation's Quality Assurance Standards for Forensic DNA Testing or any other specific college-level coursework requirements.(f) Requirements Specific to Forensic Science Degree Programs. For a forensic science degree to meet the Minimum Education Requirements set forth in this section, the forensic science degree program must be either accredited by the Forensic Science Education Programs Accreditation Commission (FEPAC) or if not accredited by FEPAC, it must meet the minimum curriculum requirements pertaining to natural science core courses and specialized science courses set forth in the FEPAC Accreditation Standards.(g) Waiver of Specific Coursework Requirements and/or Minimum Education Requirements for Lateral Hires, Promoting Analysts and Current Employees. Specific coursework requirements and minimum education requirements are considered an integral part of the licensing process; all applicants are expected to meet the requirements of the forensic discipline(s) for which they are applying or to offer sufficient evidence of their qualifications as described below in the absence of specific coursework requirements or minimum education requirements. The Commission Director or Designee may waive one or more of the specific coursework requirements or minimum education requirements outlined in this section for an applicant who:(1) has five or more years of credible experience in an accredited laboratory in the forensic discipline for which he or she seeks licensure; or(2) is certified by one or more of the following nationally recognized certification bodies in the forensic discipline for which he or she seeks licensure;(A) The American Board of Forensic Toxicology;(B) The American Board of Clinical Chemistry;(C) The American Board of Criminalistics;(D) The International Association for Identification; or(E) The Association of Firearm and Toolmark Examiners; and(3) provides written documentation of laboratory-sponsored training in the subject matter areas addressed by the specific coursework requirements.(4) An applicant must request a waiver of specific coursework requirements and/or minimum education requirements at the time the application is filed.(5) An applicant requesting a waiver from specific coursework requirements and/or minimum education requirements shall file any additional information needed to substantiate the eligibility for the waiver with the application. The Commission Director or Designee shall review all elements of the application to evaluate waiver request(s) and shall grant a waiver(s) to qualified applicants.(h) General Forensic Analyst Licensing Exam Requirement.(1) Exam Requirement. An applicant for a Forensic Analyst License must pass the General Forensic Analyst Licensing Exam administered by the Commission.(A) An applicant is required to take and pass the General Forensic Analyst Licensing Exam one time.(B) An applicant may take the General Forensic Analyst Licensing Exam no more than three times. If an applicant fails the General Forensic Analyst Licensing Exam or the Modified General Forensic Analyst Licensing Exam three times, the applicant has thirty (30) days from the date the applicant receives notice of the failure to request special dispensation from the Commission as described in subparagraph (C) of this paragraph. Where special dispensation is granted, the applicant has 90 days from the date he or she receives notice the request for exam is granted to successfully complete the exam requirement. However, for good cause shown, the Commission or its Designee at its discretion may waive this limitation.(C) Requests for Exam. If an applicant fails the General Forensic Analyst Licensing Exam or Modified General Forensic Analyst Licensing Exam three times, the applicant must request in writing special dispensation from the Commission to take the exam more than three times. Applicants may submit a letter of support from their laboratory director or licensing representative and any other supporting documentation supplemental to the written request.(D) If an applicant sits for the General Forensic Analyst Licensing Exam or the Modified General Forensic Analyst Licensing Exam more than three times, the applicant must pay a $50 exam fee each additional time the applicant sits for the exam beyond the three initial attempts.(E) Expiration of Provisional License if Special Dispensation Exam Unsuccessful. If the 90-day period during which special dispensation is granted expires before the applicant successfully completes the exam requirement, the applicant's provisional license expires.(2) Modified General Forensic Analyst Licensing Exam. Technicians in any discipline set forth in this subchapter may fulfill the General Forensic Analyst Licensing Exam requirement by taking a modified exam administered by the Commission.(3) Examination Requirements for Promoting Technicians. If a technician passes the modified General Forensic Analyst Licensing Exam and later seeks a full Forensic Analyst License, the applicant must complete the portions of the General Forensic Analyst Exam that were not tested on the modified exam.(4) Credit for Pilot Exam. If an individual passes the Pilot General Forensic Analyst Licensing Exam, regardless of his or her eligibility status for a Forensic Analyst License at the time the exam is taken, the candidate has fulfilled the General Forensic Analyst Licensing Exam Requirement of this section should he or she later become subject to the licensing requirements and eligible for a Forensic Analyst License.(5) Eligibility for General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam.(A) Candidates for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam must be employees of a crime laboratory accredited under Texas law or employed by an agency rendering them eligible for a voluntary license under §651.222 (Voluntary Forensic Analyst Licensing Requirements Including Eligibility, License Term, Fee, and Procedure for Denial of Initial Application or Renewal Application and Reconsideration) of this subchapter to be eligible to take the exam.(B) Student Examinee Exception. A student is eligible for the General Forensic Analyst Licensing Exam one time if the student:(i) is currently enrolled in an accredited university as defined in §651.202 of this subchapter (relating to Definitions); (ii) has completed sufficient coursework to be within 24 semester hours of completing the requirements for graduation at the accredited university at which the student is enrolled; and(iii) designates an official university representative who will proctor and administer the exam at the university for the student.(C) Crime Laboratory Management and Unaccredited Forensic Discipline Exception. An Employee of a crime laboratory accredited under Texas law who is either part of the crime laboratory's administration or management team or authorized for independent casework in a forensic discipline listed below is eligible for the General Forensic Analyst Licensing Exam and Modified General Forensic Analyst Licensing Exam:(i) forensic anthropology;(ii) the location, identification, collection or preservation of physical evidence at a crime scene;(iii) crime scene reconstruction;(iv) latent print processing or examination;(v) digital evidence (including computer forensics, audio, or imaging);(vi) breath specimen testing under Transportation Code, Chapter 724, limited to analysts who perform breath alcohol calibrations; and(vii) document examination, including document authentication, physical comparison, and product determination.(i) Proficiency Monitoring Requirement.(1) An applicant must demonstrate participation in the employing laboratory's process for intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory's accrediting body's proficiency monitoring requirements as applicable to the Forensic Analyst or Forensic Technician's specific forensic discipline and job duties.(2) A signed certification by the laboratory's authorized representative that the applicant has satisfied the applicable proficiency monitoring requirements, including any intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements of the laboratory's accrediting body as of the date of the analyst's application, must be provided on the Proficiency Monitoring Certification form provided by the Commission. The licensee's authorized representative must designate the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized to perform supervised or independent casework by the laboratory or employing entity.(j) Mandatory Legal and Professional Responsibility Course:(1) All Forensic Analyst and Forensic Technician License applicants must complete the current Commission-sponsored mandatory legal and professional responsibility update at the time of their application or demonstrate that they have taken the training within the 12-month period preceding the date of their application.(2) Mandatory legal and professional responsibility training topics may include training on current and past criminal forensic legal issues, professional responsibility and human factors, courtroom testimony, disclosure and discovery requirements under state and federal law, and other relevant topics as designated by the Commission.</content><note type="source"><p>Source Note: The provisions of this §651.207 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective April 23, 2019, 44 TexReg 2057; amended to be effective July 15, 2019, 44 TexReg 3549; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective April 5, 2020, 45 TexReg 2318; amended to be effective August 26, 2020, 45 TexReg 5931; amended to be effective October 24, 2021, 46 TexReg 7076; amended to be effective November 9, 2022, 47 TexReg 7425; amended to be effective July 23, 2023, 48 TexReg 3994; amended to be effective March 19, 2024, 49 TexReg 1498; amended to be effective August 22, 2024, 49 TexReg 6250; amended to be effective March 6, 2025, 50 TexReg 1695; amended to be effective September 7, 2025, 50 TexReg 5717; amended to be effective March 4, 2026, 51 TexReg 1291.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.208"><num value="651.208">§651.208</num><heading>Forensic Analyst and Forensic Technician License Renewal</heading><content>(a) Timing of Application for Renewal. The Commission may renew an individual's Forensic Analyst or Forensic Technician License up to 60 days before the expiration of the individual's license term.(b) Renewal Term. The renewal date of a Forensic Analyst or Forensic Technician License is every two years on the day before the initial application was granted, unless the applicant is a licensee who was initially licensed before January 1, 2024, and is renewing their license on or before December 31, 2026. Licensees renewing between January 1, 2024 and December 31, 2026 expire on the last day of the license holder's birth month.(c) Renewal Fees. The biennial renewal fee is $200 for Forensic Analysts and $130 for Forensic Technicians. Renewal fees for Forensic Analysts and Forensic Technicians initially licensed before January 1, 2024 and renewing on or before December 31, 2026 will be pro-rated on a monthly basis depending upon the birth month of the renewing license holder and the number of months in the renewal term as described in subsection (b) of this section. The pro-rated fee will be assessed at $8.33 per month (for Forensic Analysts) and $5.42 per month (for Forensic Technicians).(d) Application. An applicant for a Forensic Analyst or Forensic Technician License renewal shall complete and submit to the Commission a current Forensic Analyst or Forensic Technician License Renewal Application provided by the Commission, pay the required fee, attach documentation of fulfillment of Continuing Forensic Education and other requirements set forth in this section.(e) Proficiency Monitoring Certification Form for Renewal Applicants Employed by an Accredited Laboratory. An applicant for a Forensic Analyst or Forensic Technician License renewal must provide an updated copy of the Commission's Proficiency Monitoring Certification form demonstrating the applicant participates in the laboratory's process for intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory's accrediting body's requirements as applicable to the Forensic Analyst or Forensic Technician's specific forensic discipline and job duties. The form must be:(1) signed by the licensee's authorized laboratory representative; and(2) designate the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized or currently participating in a training program to become authorized to perform supervised or independent forensic casework.(f) Proficiency Monitoring Certification Form for Renewal Applicants Not Employed at an Accredited Laboratory or at an Accredited Laboratory in a Forensic Discipline Not Covered by the Scope of the Laboratory's Accreditation. An applicant for a Forensic Analyst or Forensic Technician license renewal who is employed by an entity other than an accredited laboratory or performs a forensic examination or test at an accredited laboratory in a forensic discipline not covered by the scope of the laboratory's accreditation must provide the following items.(1) an updated copy of the Commission's Proficiency Monitoring Certification form demonstrating the applicant participates in the laboratory or employing entity's process for intra-laboratory comparison, inter-laboratory comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory or employing entity's Commission-approved process for proficiency monitoring as applicable to the Forensic Analyst or Forensic Technician's specific forensic discipline and job duties:(A) signed by the licensee's authorized laboratory representative; and(B) designating the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized to perform supervised or independent forensic casework;(2) written proof of the Forensic Science Commission's approval of the laboratory or employing entity's proficiency monitoring activities or exercise(s) as applicable to the applicant's specific forensic discipline and job duties; and(3) written documentation of performance in conformance with expected consensus results in compliance with and on the timeline set forth by the laboratory or employing entity's Commission-approved proficiency monitoring activities or exercise(s) as applicable to the applicant's specific forensic discipline and job duties.(g) Continuing Forensic Education Including Mandatory Legal and Professional Responsibility:(1) Forensic Analyst and Forensic Technician Licensees must complete a Commission-sponsored mandatory legal and professional responsibility update by the expiration of each two-year license cycle as provided by the Commission. Forensic Technicians are not required to complete any other continuing forensic education requirements listed in this section.(2) Mandatory legal and professional responsibility training topics may include training on current and past criminal forensic legal issues, professional responsibility and human factors, courtroom testimony, disclosure and discovery requirements under state and federal law, and other relevant topics as designated by the Commission.(3) All forensic analysts shall be required to satisfy the following Continuing Forensic Education Requirements by the expiration of each two-year license cycle:(A) Completion of thirty-two (32) continuing forensic education hours per 2-year license cycle.(B) Sixteen (16) hours of the thirty-two (32) must be discipline-specific training, peer-reviewed journal articles, and/or conference education hours. If a licensee is licensed in multiple forensic disciplines, at least eight (8) hours of discipline-specific training in each forensic discipline are required, subject to the provisions set forth in subsection (f) of this section.(C) The remaining sixteen (16) hours may be general forensic training, peer-reviewed journal articles, and/or conference education hours that include hours credited for the mandatory legal and professional responsibility training.(4) Continuing forensic education programs will be offered and/or designated by the Commission and will consist of independent, online trainings, readings, and participation in recognized state, regional, and national forensic conferences and workshops.(5) Approved continuing forensic education hours are applied for credit on the date the program and/or training is delivered.(h) Timeline for Exemption from Supplemental Continuing Forensic Education Requirements. Where a current licensee adds a forensic discipline to the scope of his or her license, the following continuing forensic education requirements apply for the supplemental forensic discipline:(1) If the supplemental forensic discipline is added less than six (6) months prior to the expiration of the analyst's current license, no additional discipline-specific training is required for the supplemental forensic discipline.(2) If the supplemental forensic discipline is added six (6) months or more but less than eighteen (18) months prior to the expiration of the analyst's current license, four (4) additional discipline-specific training hours are required for the supplemental forensic discipline.(3) If the supplemental forensic discipline is added eighteen (18) months or more prior to the expiration of the analyst's current license, eight (8) additional discipline-specific training hours are required for the supplemental forensic discipline.(i) If an applicant fails to fulfill any or all of the requirements pertaining to license renewal, continuing forensic education and the mandatory legal and professional responsibility update, the applicant may apply to the Commission for special dispensation on a form to be provided on the Commission's website. Upon approval by the Commission, the applicant may be allowed an extension of time to fulfill remaining continuing forensic education requirements.(j) Temporary Exception to Continuing Forensic Education Requirements During January 2024 to December 2026 Transition from Application to Birthdate-Based Renewal Terms. For any licensee who has less than two years to complete the continuing forensic education requirements in subsection (g) of this section as a result of the transition from application-based renewal to birthdate-based renewal, the number of required continuing education hours in subsection (g)(3)(A) and (B) of this section for license renewal shall be pro-rated based on the number of months in the renewal term.(k) Subsections (j) and (k) of this section expire on December 31, 2026.</content><note type="source"><p>Source Note: The provisions of this §651.208 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective June 9, 2019, 44 TexReg 2850; amended to be effective December 30, 2019, 44 TexReg 8336; amended to be effective August 26, 2020, 45 TexReg 5931; amended to be effective November 24, 2020, 45 TexReg 8350; amended to be effective March 28, 2021, 46 TexReg 1745; amended to be effective July 11, 2021, 46 TexReg 4025; amended to be effective November 9, 2022, 47 TexReg 7425; amended to be effectiveMarch 19, 2024, 49 TexReg 1498; amended to be effective August 22, 2024, 49 TexReg 6250.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.209"><num value="651.209">§651.209</num><heading>Forensic Analyst and Forensic Technician License Expiration, Reinstatement, and Procedure for Denial of Initial Application and Reconsideration</heading><content>(a) Forensic Analyst and Forensic Technician License Expiration.(1) When a Forensic Analyst or a Forensic Technician fails to renew his or her license on or before the last day of the license term, the license is considered inactive. The inactive status shall begin on the day immediately following the last day of the license term.(2) A license that is deemed inactive based on failure to renew may be reinstated within the ninety (90) day period following the last day of the license term. When a Forensic Analyst or Technician fails to renew by the 90th day after the last day of the license term, the license status shall change from inactive to expired.(b) Notice of License Status Based on Failure to Renew. Within fifteen (15) days of the last day of the license term when the license has not been renewed, the Commission shall notify the licensee in writing of the change in license status to inactive. If the inactive license is not renewed within ninety (90) days of the last day of the license term and is therefore deemed expired, the Commission shall notify the licensee in writing of the change in license status from inactive to expired. Notice is not required where the Commission obtains confirmation in writing from the Forensic Analyst or Technician that he or she does not intend to renew his or her license.(c) The Commission may reinstate an inactive or expired Forensic Analyst or Technician License upon fulfillment of the following requirements by the licensee:(1) payment of a $220 license reinstatement fee;(2) updating of current continuing forensic education requirements status with the Commission; and(3) completion of a form demonstrating that except for making proper application, the Forensic Analyst or Technician was eligible for licensure by the Commission during the period the license was inactive due to failure to renew.(d) Additional Requirements for Expired Licenses. Once a license has expired, the following requirements must be fulfilled before the license is reinstated:(1) Successful completion of the General Forensic Analyst Licensing Exam Requirement as described in §651.207(g) of this subchapter (relating to Forensic Analyst Licensing Requirements Including License Term, Fee and Procedure for Denial of Application and Reconsideration).(2) Fulfillment of current specific coursework requirements applicable to the forensic discipline as described in §651.207(d) of this subchapter.(e) Exception for Licensees Who Change Roles or Experience a Gap in Employment by an Accredited Laboratory. A licensee who changes roles to a position that does not require a license or who experiences a gap in employment at an accredited laboratory for reasons other than professional misconduct, may notify the Commission by submitting a Declaration of Inactivity form; a licensee whose license is inactive due to a role change or gap in employment shall not be subject to the reinstatement requirements of this section should the licensee seek to reestablish licensure in the future.(f) Specific Coursework and Minimum Education Requirements to Reinstate an Inactive License. A Forensic Analyst or Technician reinstating an inactive license under this section is subject to specific coursework and minimum education requirements in place at the time the Commission initially granted his or her license.(1) Application Review. The Commission Director or Designee must review each completed application and determine whether the applicant meets the qualifications and requirements set forth in this subchapter.(2) Denial of Application. The Commission, through its Director or Designee, may deny an application if the applicant fails to meet any of the qualifications or requirements set forth in this subchapter.(3) Notice of Denial. The Commission, through its Director or Designee, shall provide the applicant a written statement of the reason(s) for denial of the application.(4) Request for Reconsideration. Within twenty (20) days of the date of the notice that the Commission has denied the application, the applicant may request that the Commission reconsider the denial. The request must be in writing, identify each point or matter about which reconsideration is requested, and set forth the grounds for the request for reconsideration.(5) Reconsideration Procedure. The Commission must consider a request for reconsideration at its next meeting where the applicant may appear and present testimony.(6) Commission Action on Request. After reconsidering its decision, the Commission may either affirm or reverse its original decision.(7) Final Decision. The Commission, through its Director or Designee, must notify the applicant in writing of its decision on reconsideration within fifteen (15) business days of the date of its meeting where the final decision was rendered.(g) Procedure for Denial of Application and Reconsideration.(1) Application Review. The Commission Director or Designee must review each completed application and determine whether the applicant meets the qualifications and requirements set forth in this subchapter.(2) Denial of Application. The Commission, through its Director or Designee, may deny an application if the applicant fails to meet any of the qualifications or requirements set forth in this subchapter.(3) Notice of Denial. The Commission, through its Director or Designee, shall provide the applicant a written statement of the reason(s) for denial of the application.(4) Request for Reconsideration. The applicant may request that the Commission reconsider the denial on or before the 20th day after the applicant receives notice from the Commission. The request must be in writing, identify each point or matter about which reconsideration is requested, and set forth the grounds for the request for reconsideration.(5) Reconsideration Procedure. The Commission must consider a written request for reconsideration where the applicant may appear and present testimony at its next meeting following the request if the requests is received at least 15 business days prior to the Commission's next scheduled quarterly meeting. Otherwise, the Commission must consider a written request for reconsideration at its second quarterly meeting following the request.(6) Commission Action on Request. After reconsidering its decision, the Commission may either affirm or reverse its original decision.(7) Final Decision. The Commission, through its Director or Designee, must notify the applicant in writing of its decision on reconsideration on or before the fifteenth day after the meeting in which the Commission rendered its final decision.</content><note type="source"><p>Source Note: The provisions of this §651.209 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective February 1, 2021, 46 TexReg 837; amended to be effective October 24, 2021, 46 TexReg 7077; amended to be effective March 19, 2024, 49 TexReg 1498.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.210"><num value="651.210">§651.210</num><heading>Provisional Forensic Analyst or Forensic Technician License</heading><content>(a) Issuance. The Commission may issue a provisional Forensic Analyst or Forensic Technician License.(b) Eligibility. An individual may apply to the Commission for a provisional Forensic Analyst or Forensic Technician License if the individual meets the following qualifications:(1) applicant is currently employed in an accredited laboratory for which the licensing requirements of this subchapter apply; and(2) applicant cannot meet one or more of the forensic analyst license requirements set forth in this subchapter at the time of application but plans to meet all the requirements within the one-year provisional license period and meets all other requirements described in §651.207 of this subchapter, relating to Forensic Analyst Licensing Requirements Including License Term, Fee and Procedure for Denial of Application and Reconsideration.(c) Application. An applicant for a provisional Forensic Analyst or Forensic Technician License shall complete and submit to the Commission a current Provisional Forensic Analyst License Application form, pay the required fee and submit a signed statement on a form to be provided by the Commission stating he or she has fulfilled the eligibility requirements of this section.(d) Provisional License Term. A provisional Forensic Analyst or Forensic Technician License is granted for a period of one year from the date of issuance and is not eligible for renewal. A provisional Forensic Analyst or Forensic Technician License may only be issued to an individual one time.(e) Scope of Provisional License. A provisionally licensed Forensic Analyst or Forensic Technician may technically review or perform forensic analysis or draw conclusions from or interpret a forensic analysis for a court or crime laboratory to the extent a fully licensed Forensic Analyst or Forensic Technician may perform these duties.(f) Effective Date of Forensic Analyst or Forensic Technician License Requirements for Provisionally Licensed Analysts. A provisionally licensed Forensic Analyst or Forensic Technician shall be subject to the Forensic Analyst or Forensic Technician licensing requirements in effect on the date the Forensic Analyst or Forensic Technician is granted the provisional license.</content><note type="source"><p>Source Note: The provisions of this §651.210 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 30, 2019, 44 TexReg 8336; amended to be effective April 5, 2020, 45 TexReg 2319.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.211"><num value="651.211">§651.211</num><heading>Temporary Forensic Analyst License</heading><content>(a) Issuance. The Commission may issue a temporary Forensic Analyst License.(b) Eligibility. An individual who performs forensic analysis primarily for non-Texas cases may apply to the Commission for a temporary Forensic Analyst License for forensic analysis related to a criminal action as that term is defined in Article 38.35 of the Texas Code of Criminal Procedure.(c) Applications for Temporary License for More than One Criminal Action. An applicant may apply for a temporary Forensic Analyst License for each criminal action for which he or she is retained to perform forensic analysis.(d) Multiple Defendants for Same Criminal Action. An applicant for a temporary Forensic Analyst License is not required to apply for more than one temporary license for the forensic analysis performed in criminal actions for which multiple defendants may be charged for a criminal offense or offenses related to the same event.(e) Application. An applicant for a temporary Forensic Analyst License shall complete and submit to the Commission a current temporary Forensic Analyst License Application form, and submit a signed statement on a form to be provided by the Commission stating the individual is employed by a crime laboratory that is accredited by a national accrediting body recognized by the Commission and regularly performs proficiency testing in accordance with the employing laboratory's accreditation requirements.(f) Description of Forensic Analysis for Which the Temporary Forensic Analyst License is Requested. An applicant for a temporary Forensic Analyst License shall describe the circumstances of the criminal action for which the temporary Forensic Analyst License is being requested.(g) Description of Temporary Nature of Analysis. An applicant for a Temporary Forensic Analyst License shall state the reasons why the applicant's forensic analysis in Texas cases is a de minimis component of the applicant's overall forensic casework.(h) Affidavit of Good Standing from Laboratory. An applicant for a Temporary Forensic Analyst License must submit an affidavit of good standing from the laboratory where the analyst is currently employed.(i) Temporary License Term. A temporary Forensic Analyst License is granted for a period of three years from the date of issuance.(j) Temporary License Extension. If the criminal action for which the temporary Forensic Analyst License was originally granted has not yet been resolved upon the expiration of three years from the date the license was granted, the temporary licensee may apply to the Commission to extend the license for a supplemental one-year term or terms.(k) Temporary License Limitations. A temporary Forensic Analyst License does not apply to any criminal action other than those offenses related to the criminal action for which the temporary license was granted.(l) Scope of Temporary License. A temporarily licensed forensic analyst may technically review or perform forensic analysis or draw conclusions from or interpret a forensic analysis for a court or crime laboratory to the extent a fully licensed forensic analyst may perform these duties.</content><note type="source"><p>Source Note: The provisions of this §651.211 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective July 23, 2023, 48 TexReg 3994.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.212"><num value="651.212">§651.212</num><heading>Technical Reviewer License</heading><content>(a) The Commission may issue a Technical Reviewers License to a technical reviewer who is not eligible for a Forensic Analyst or Forensic Technician license upon certification from a Commission-accredited laboratory that:(1) the technical reviewer's role on behalf of the laboratory is limited to technical review of forensic analysis;(2) the technical reviewer has been previously qualified to perform technical review by a national accrediting body recognized by the Commission and listed in §651.4 of this title (relating to List of Recognized Accrediting Bodies);(3) the technical reviewer would not otherwise be subject to the licensing requirements of the Commission because they are not employed by a Commission-accredited laboratory; and(4) granting of the Technical Reviewers License is necessary to ensure the availability of properly trained and qualified technical reviewers for the forensic analysis in question.(b) Requirements for the Technical Reviewers License. A laboratory must apply to the Commission on the Technical Reviewer License Application form provided on the Commission's website and provide signature certification and any necessary documentation requested by the Commission of subsection (a)(1)-(4) of this section.(c) Technical Reviewers Exemption from Forensic Analyst License Requirements. A technical reviewer approved for a license upon application and certification by a laboratory of subsection (a)(1)-(4) of this section is not required to fulfill the Forensic Analyst License Requirements described in §651.207 of this subchapter (relating to Forensic Analyst License Requirements Including License Term, Fee, and Procedure for Denial of Initial Application or Renewal Application and Reconsideration).</content><note type="source"><p>Source Note: The provisions of this §651.212 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective April 23, 2019, 44 TexReg 2061.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.213"><num value="651.213">§651.213</num><heading>Licensing of Military Service Members, Military Veterans, and Military Spouses</heading><content>(a) Definitions. The terms "active duty," "military service member," "military spouse," and "military veteran" have the meaning assigned by the Texas Occupations Code Title 2, §55.001.(b) Exemption from License Fees. All active duty, military service members, military veterans and military spouses who apply for or renew a forensic analyst license are exempt from fee requirements described under this subchapter.(c) Exemption from Penalty for Failure to Renew License. All active duty, military service members, military veterans, and military spouses who hold a Forensic Analyst License are exempt from any increased fee or other penalty imposed by the Commission for failing to renew his/her license in a timely manner if the individual establishes to the satisfaction of the Commission that the individual failed to renew the license in a timely manner because the individual was serving as a military service member.(d) Extension of License Renewal Deadlines for Military Service Members. A military service member who holds a Forensic Analyst License is entitled to two years of additional time to complete:(1) any continuing education requirements; and(2) any other requirement related to the renewal of the military service member's license.(e) Alternative Licensing for Military Service Members, Military Veterans, and Military Spouses. The Commission shall issue a license to an applicant who is a military service member, military veteran, or military spouse who:(1) holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state; or(2) within the five years preceding the application date held the license with this state; and(3) the Commission Presiding Officer or Designee may waive any prerequisite to obtaining a license for an applicant described in this subsection after reviewing the applicant's credentials.(f) Recognition of Out-of-State License of Military Spouse. Notwithstanding any other law, a military spouse may on behalf of a crime laboratory accredited by the Commission technically review or perform a forensic analysis or draw conclusions from or interpret a forensic analysis for a court or crime laboratory for which a license is required without obtaining the applicable license if the spouse is currently licensed in good standing by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the forensic analyst license in this state.(1) Before acting as a forensic analyst or forensic technician or performing any forensic analysis, the military spouse must:(A) notify the Commission of the spouse's intent to act as a forensic analyst;(B) submit to the Commission proof of the spouse's residency in this state and a copy of the spouse's military identification card; and(C) receive from the Commission confirmation that the agency has verified the spouse's license in the other jurisdiction and the spouse is authorized to act as a forensic analyst in the state.(2) The military spouse shall comply with all other laws and regulations applicable to forensic analysts and forensic technicians in this state.(3) A military spouse may act as a forensic analyst under authority of this subsection for the period during which the military service member to whom the military spouse is married is stationed at a military installation in this state but not to exceed three years from the date the spouse receives the confirmation described in paragraph (1)(C) of this subsection.(4) A license issued under this subsection expires not later than the third anniversary of the date the Commission provided the confirmation and may not be renewed.(g) License Eligibility Requirements for Applicants with Military Experience. Notwithstanding any other law, the Commission shall credit verified military service, training or education toward the licensing requirements, other than the general forensic examination requirement, for a Forensic Analyst License.(h) License Application and Examination. Notwithstanding any other law, the Commission shall waive the license application and any examination fees paid to the Commission for an applicant who is:(1) a military service member or military veteran whose military service, training, or education substantially meets all of the requirements for the license; or(2) a military service member or military veteran who holds a current license issued by another jurisdiction that has licensing requirements that are substantially equivalent to the requirements for the license in this state.(i) Notice of Chapter Provisions. The Commission shall prominently post a notice on the home page of the Commission's website describing the provisions of this subchapter that are available to military service members, military veterans, and military spouses.</content><note type="source"><p>Source Note: The provisions of this §651.213 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective December 16, 2018, 43 TexReg 7910; amended to be effective September 15, 2019, 44 TexReg 4875.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.214"><num value="651.214">§651.214</num><heading>Examination on Religious Holy Day; Other Examination Accommodations</heading><content>(a) Reasonable Accommodations. The Commission and laboratories administering the general forensic examination shall administer the examination to all eligible applicants in a reasonable manner, while maintaining the integrity of the examination. In each location where the examination is administered, either the Commission or the laboratory administering the examination must ensure the facilities are reasonably accessible and enable persons having disabilities to take the examination.(b) Applicants Requiring Special Testing Accommodations. Any applicant who desires special testing accommodations based upon a disability shall submit a written request to the Commission on the Commission's designated Special Accommodations Request Form at the same time the applicant submits his/her application for a Forensic Analyst License.(1) Requests for special testing accommodations must be accompanied by written proof evidencing the existence of the disability, including a statement from a licensed physician or a professional specialist that specifically sets forth the physical, mental or emotional handicap or disability and the relationship between the disability and the inability to take the examination under standard conditions.(2) The Commission may require additional information or evidence from the applicant and may, at its option, seek professional evaluation of such data.(3) The applicant will be responsible for the cost of obtaining documented medical evidence and other required information.(4) After considering the written request of the applicant and the evidence submitted, the Commission shall determine what reasonable special testing accommodations will be granted.(5) Commission deliberations and determinations regarding the request of an applicant for testing accommodations on an examination shall be closed to the public and associated records are confidential. However, this does not limit the Commission's option under paragraph (2) of this subsection to seek professional evaluation of documented medical evidence and other required information.(c) Examination Scheduled on Religious Holy Day. An examinee who wishes to observe a religious holy day on which the person's religious beliefs prevent the person from taking a scheduled general forensic examination shall be permitted to take the examination on a different date.(d) Examination Accommodations for Persons with Dyslexia. For each general forensic examination, the Commission shall provide reasonable examination accommodations to an examinee diagnosed as having dyslexia. An examinee requesting examination accommodations for dyslexia must follow the same process for special testing accommodations set forth in subsection (b) of this section.</content><note type="source"><p>Source Note: The provisions of this §651.214 adopted to be effective May 16, 2018, 43 TexReg 3106.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.215"><num value="651.215">§651.215</num><heading>Licensing Advisory Committee</heading><content>The Commission shall establish an advisory committee to advise the Commission and make recommendations on matters related to the licensing of forensic analysts as set forth in Article 38.01, Code of Criminal Procedure.</content><note type="source"><p>Source Note: The provisions of this §651.215 adopted to be effective May 16, 2018, 43 TexReg 3106.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.216"><num value="651.216">§651.216</num><heading>Licensee Disciplinary Actions</heading><content>(a) Disciplinary Actions. On a determination by the Commission that a license holder or applicant for a license has committed professional negligence or professional misconduct as defined by §651.302 of this chapter (relating to Definitions) and under Article 38.01, Code of Criminal Procedure or violated Article 38.01, Code of Criminal Procedure, or a rule or order of the Commission, the Commission may, as applicable:(1) revoke or suspend the person's license;(2) refuse to renew the person's license;(3) reprimand the license holder; or(4) deny the person a license.(b) Probation. The Commission may place on probation a person whose license is suspended. If a license suspension is probated, the Commission may require the license holder to:(1) report regularly to the Commission on matters that are the basis of the probation; or(2) continue or review continuing professional education until the license holder attains a degree of skill satisfactory to the Commission in those areas that are the basis of the probation.(c) Factors in Determining Possible Adverse Action.(1) In determining the appropriate disciplinary action against a license holder or in assessing whether a prospective applicant must be granted a license, the Commission may consider the following factors:(A) the seriousness of the violation;(B) the individual's disciplinary history;(C) the harm or potential harm to the laboratory or criminal justice system as a whole;(D) attempted concealment of the act by the individual;(E) any other relevant factors.(2) The Commission considers the following factors in determining whether a less severe or less restrictive disciplinary action is warranted:(A) candor in addressing the violation, including self-reported and voluntary admissions of the misconduct or violation;(B) acknowledgement of wrongdoing and willingness to cooperate with the Commission;(C) changes made by the individual to ensure compliance and prevent future misconduct;(D) rehabilitative potential;(E) other relevant circumstances reducing the seriousness of the misconduct; or(F) other relevant circumstances lessening responsibility for the misconduct.(3) The license holder or license applicant will have the burden to present evidence regarding any mitigating factors that may apply.(4) This rule will not be construed to deny any licensee or applicant subject to disciplinary action by the Commission the right to introduce mitigating evidence in a hearing before the Judicial Branch Certification Commission. This rule also will not be construed to deny the Texas Forensic Science Commission the right to introduce any evidence supporting any of the factors described above in a hearing before the Judicial Branch Certification Commission.(d) A license holder has a right to notice and appeal to the Judicial Branch Certification Commission as described in Subchapter E of this chapter.</content><note type="source"><p>Source Note: The provisions of this §651.216 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective July 15, 2019, 44 TexReg 3549; amended to be effective September 15, 2019, 44 TexReg 4875; amended to be effective February 1, 2021, 46 TexReg 838; amended to be effective February 25, 2024, 49 TexReg 877; amended to be effective March 4, 2026, 51 TexReg 1291.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.217"><num value="651.217">§651.217</num><heading>Ineligibility for License Based on Criminal Conviction</heading><content>(a) A proceeding before the Commission to establish factors required to be considered under this section is governed by Chapter 53, Government Code. Any appeals proceeding in response to disciplinary action taken by the Commission in the form of license denial, revocation, suspension or other action taken by the Commission under this subsection is governed by Article 38.01 §4-c, Code of Criminal Procedure.(b) Guidelines for consideration of criminal convictions. If an applicant has a criminal conviction above a Class C misdemeanor, the applicant may not be qualified to hold a forensic analyst license.(1) Convictions that may trigger a denial. Subject to paragraph (7) of this subsection, the Commission may suspend or revoke a forensic analyst license, disqualify a person from receiving a license, refuse to renew a person's license, or deny to a person the opportunity to take the general forensic licensing examination on the grounds the person has been convicted of:(A) an offense that directly relates to the duties and responsibilities associated with an analyst's license;(B) an offense listed in Article 42A.054, Code of Criminal Procedure; or(C) a sexually violent offense as defined by Article 62.001, Code of Criminal Procedure.(2) A forensic analyst license holder's license may be revoked on the license holder's imprisonment following a felony conviction, felony community supervision, revocation of parole, or revocation of mandatory supervision.(3) An offense from another state containing elements substantially similar to the enumerated offenses under the Texas Penal Code shall be considered under this section the same way as the offense would have been considered had it been committed in Texas.(4) Offenses that apply to category paragraph (1)(A) of this subsection because they directly relate to the duties and responsibilities associated with an analyst's license may include, but are not limited to:(A) misrepresentation (e.g., fraud, extortion, bribery, theft by check, and deceptive business practices);(B) failure to register as a sex offender (as required by the Texas Code of Criminal Procedure, Chapter 62);(C) property crimes, such as theft or burglary;(D) crimes against persons, such as homicide, kidnapping, and assault;(E) drug crimes, such as possession;(F) multiple DWI and DUI crimes;(G) all felony convictions; and(H) Misdemeanors above a Class C misdemeanor and felony convictions considered by Texas courts to be crimes of moral turpitude.(5) Consequences. In the event of a criminal conviction, the Commission may take one of the following courses of action:(A) declare a prospective applicant unsuitable for a license;(B) deny a renewal application for an existing license;(C) revoke or suspend an existing license; or(D) deny a person the opportunity to take the general forensic analyst licensing examination.(6) Determining whether conviction directly relates to the duties and responsibilities associated with the analyst's license. In determining whether a criminal conviction directly relates to the duties and responsibilities associated with the analyst's license, the Commission shall consider each of the following factors:(A) the nature and seriousness of the crime;(B) the relationship of the crime to the purposes for requiring a license to engage in the analyst's occupation;(C) the extent to which a license might offer an opportunity to engage in further criminal activity of the same type as that in which the person previously had been involved;(D) the relationship of the crime to the ability or capacity required to perform the duties and discharge the responsibilities of the analyst's work; and(E) any correlation between the elements of the crime and the duties and responsibilities of the analyst's work.(7) Additional factors for consideration after determining conviction directly relates to occupation. If the Commission determines under paragraph (6) of this subsection that a criminal conviction directly relates to the duties and responsibilities associated with the analyst's license, the Commission considers the following in determining whether to take an action authorized by paragraph (1) of this subsection in addition to the factors listed in paragraph (6) of this subsection:(A) the extent and nature of the person's past criminal activity;(B) the age of the person when the crime was committed;(C) the amount of time that has elapsed since the person's last criminal activity;(D) the conduct and work activity of the person before and after the criminal activity;(E) evidence of the person's rehabilitation or rehabilitative effort while incarcerated or after release;(F) evidence of the person's compliance with any conditions of community supervision, parole, or mandatory supervision; and(G) other evidence of the person's fitness, including letters of recommendation.(8) An applicant has the responsibility, to the extent possible, to obtain and provide to the Commission the recommendations described by paragraph (7)(G) of this subsection.(c) Notice and Review of Suspension, Revocation or Denial of License. If the Commission suspends or revokes a license or denies a person a license or the opportunity to be examined for a license because of the person's prior conviction of an offense, the Commission shall notify the person in writing of:(1) the reason for the suspension, revocation, denial, or disqualification, including any factor considered under paragraphs (6) or (7) of this subsection that served as the basis for the suspension, revocation, denial, or disqualification;(2) the review procedure provided by §651.216(d)-(f) of this title (relating to Disciplinary Action); and(3) the earliest date the person may appeal the action of the Commission.(d) Presiding Officer or Designee Authority to Approve Applications. The Commission's Presiding Officer or Designee may unilaterally approve an application where a criminal background check returns a misdemeanor conviction or convictions older than ten (10) years from the date the application is submitted and the Presiding Officer or Designee has determined the individual is eligible for a license notwithstanding the misdemeanor conviction or convictions.</content><note type="source"><p>Source Note: The provisions of this §651.217 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective February 26, 2019, 44 TexReg 869; amended to be effective May 5, 2019, 44 TexReg 2269; amended to be effective September 15, 2019, 44 TexReg 4875.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.218"><num value="651.218">§651.218</num><heading>Preliminary Evaluation of License Eligibility Based on Criminal History</heading><content>(a) Request for Criminal History Evaluation Letter. A person may request the Commission issue a criminal history evaluation letter regarding the person's eligibility for a license if the person:(1) is enrolled or planning to enroll in an educational program that prepares a person for an initial license or is planning to take the examination for an initial license; and(2) has reason to believe he or she is ineligible for the license due to a conviction or deferred adjudication for a felony or misdemeanor offense.(b) The request must state the basis for the person's potential ineligibility.(c) Authority to Investigate. The Commission has the same powers to investigate a request submitted under this section and the requestor's eligibility that the Commission has to investigate a person applying for a license.(d) Determination of Eligibility; Letter. If the Commission determines that a ground for ineligibility does not exist, the Commission shall notify the requestor in writing of the Commission's determination on each ground of potential ineligibility.(e) Determination of Ineligibility; Letter. If the Commission determines that the requestor is ineligible for a license, the Commission shall issue a letter setting out each basis for potential ineligibility, including any factor considered under §651.217(b)(6) or §651.217(b)(7) of this subchapter that served as the basis for potential ineligibility, and the Commission's determination as to eligibility. In the absence of new evidence known to but not disclosed by the requestor or not reasonably available to the Commission at the time the letter is issued, the Commission's ruling on the request determines the requestor's eligibility with respect to the grounds for potential ineligibility set out in the letter.(f) The Commission must provide notice of determination of eligibility or ineligibility not later than the 90th day after the date the Commission receives the request.(g) The Commission may charge a person requesting an evaluation under this section a $25 fee. Fees adopted by the Commission under this section must be in an amount sufficient to cover the cost of administering this section.</content><note type="source"><p>Source Note: The provisions of this §651.218 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective September 15, 2019, 44 TexReg 4878.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.219"><num value="651.219">§651.219</num><heading>Code of Professional Responsibility</heading><content>(a) Code of Professional Responsibility for Forensic Analysts, Forensic Technicians, and Crime Laboratory Management Subject to the Jurisdiction of the Texas Forensic Science Commission. The Code of Professional Responsibility ("Code") for forensic analysts, forensic technicians, and crime laboratory management defines a framework for promoting integrity and respect for the scientific process and encouraging transparency in forensic analysis. Forensic analysts, forensic technicians, and crime laboratory management subject to the Commission's jurisdiction are expected to abide by this Code in all forensic science-related professional activities regardless of the geographic location where the activities are performed. Because certain components of the Code are best suited to individual forensic analysts or technicians while others are best suited to crime laboratory management, the Code is divided into two sections.(b) Each forensic analyst shall:(1) Accurately represent his/her education, training, experience, and areas of expertise.(2) Commit to continuous learning in the forensic disciplines and stay abreast of new findings, equipment and techniques to maintain professional competency.(3) Promote validation and incorporation of new technologies, guarding against the use of non-valid methods in casework and the misapplication of validated methods.(4) Avoid tampering, adulteration, loss, or unnecessary consumption of evidentiary materials.(5) Avoid participation in any case where there are personal, financial, employment-related or other conflicts of interest.(6) Conduct thorough, fair and unbiased examinations, leading to independent, impartial, and objective opinions and conclusions.(7) Make and retain full, contemporaneous, clear and accurate written records of all examinations and tests conducted and conclusions drawn, in sufficient detail to allow meaningful review and assessment by an independent person competent in the field.(8) Base conclusions on procedures supported by sufficient data, standards and controls, not on political pressure or other outside influence.(9) Not offer opinions or conclusions that are outside one's expertise.(10) Prepare reports in clear terms, distinguishing data from interpretations and opinions, and disclosing any relevant limitations to guard against making invalid inferences or misleading the judge or jury.(11) Not issue reports or other records, or withhold information from reports for strategic or tactical litigation advantage.(12) Present accurate and complete data in reports, oral and written presentations and testimony based on good scientific practices and valid methods.(13) Testify in a manner which is clear, straightforward and objective, and avoid phrasing testimony in an ambiguous, biased or misleading manner.(14) Retain any record, item or object related to a case, such as work notes, data, and peer or technical review information due to potential evidentiary value and pursuant to the laboratory's retention policy.(15) Communicate honestly and fully with all parties (investigators, prosecutors, defense attorneys, and other expert witnesses), unless prohibited by law.(16) Document and notify management or quality assurance personnel of adverse events, such as an unintended mistake or a breach of ethical, legal, scientific standards, or questionable conduct.(17) Ensure reporting, through proper management channels, to all impacted scientific and legal parties of any adverse event that affects a previously issued report or testimony.(c) Members of crime laboratory management shall:(1) Encourage a quality-focused culture that embraces transparency, accountability and continuing education while resisting individual blame or scapegoating.(2) Provide opportunities for forensic analysts to stay abreast of new scientific findings, technology and techniques while guarding against the use of non-valid methods in casework, the misapplication of validated methods or improper testimony regarding a particular analytical method or result.(3) Maintain case retention and management policies and systems based on the presumption that there is potential evidentiary value for any information related to a case, including work notes, analytical and validation data, and peer or technical review.(4) Provide clear communication and reporting systems through which forensic analysts may report to management non-conformities in the quality system and other adverse events, such as an unintended mistake or a breach of ethical, legal, scientific standards, or questionable conduct.(5) Make timely and full disclosure to the Texas Forensic Science Commission of any non-conformance that may rise to the level of professional negligence or professional misconduct.(6) Provide copies of all substantive communications with the laboratory's national accrediting body to the Commission.(7) For any laboratory that performs forensic analysis on behalf of the State of Texas, develop and follow a written forensic disclosure compliance policy for the purpose of ensuring the laboratory's compliance with article 39.14 of the Texas Code of Criminal Procedure.(8) Ensure the laboratory's forensic disclosure policy provides clear instructions for identifying and disclosing any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the laboratory. The policy should explicitly address how to inform potentially affected recipients of any non-conformances or breaches of law or ethical standards that may adversely affect either a current case or a previously issued report or testimony.(9) Inform all forensic analysts working on behalf of the laboratory that they may report allegations of professional negligence or professional misconduct to the Texas Forensic Science Commission without fear of adverse employment consequences.</content><note type="source"><p>Source Note: The provisions of this §651.219 adopted to be effective May 16, 2018, 43 TexReg 3106; amended to be effective August 26, 2020, 45 TexReg 5932.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.220"><num value="651.220">§651.220</num><heading>Laboratory License for <i>De Minimis </i> Texas Casework</heading><content>(a) A laboratory may apply to the Commission for a De Minimis Texas Casework License on behalf of its laboratory personnel. The Licensing Advisory Committee and/or the Commission Director or Designee shall review each application and make a determination regarding whether to grant a license under this section based on the criteria set forth in subsection (c) of this section. Any laboratory that is denied a request for a license under this section may appeal the decision to the full Commission. (b) Laboratory De Minimis Texas Casework License Term. A laboratory De Minimis Texas Casework License and corresponding licenses granted under this section shall expire two (2) years from the date of issuance. (c) Texas Casework Threshold. The Commission may grant a De Minimis Texas Casework License to a laboratory that demonstrates in an application published by the Commission that the laboratory's Texas casework constitutes less than 10% of its overall volume of casework during the five calendar years preceding the application (calculated as a rolling average for each individual laboratory site or location) to be re-evaluated at each expiration of the two-year license term. In the absence of historical data, the best available data shall be used to determine whether a laboratory has exceeded or is expected to exceed the 10% threshold.(d) De Minimis License for Individual Non-Interpreting Analysts and Technicians. With the exception of any "interpreting analysts" as defined in subsection (g)(1) of this section, all analysts and technicians employed by a laboratory determined by the Commission to meet the criteria for a De Minimis Texas Casework License shall be licensed upon fulfillment of the following requirements of the employing laboratory:(1) submit to Commission staff a list of the names of each individual analyst or technician who is licensed under the De Minimis provision indicating the forensic discipline(s) for which each analyst or technician is qualified to perform independent casework; and (2) certify on a form provided by the Commission that each individual named:(A) works under the supervision of a fully licensed forensic analyst when performing work for Texas criminal cases;(B) has read and understands the Code of Professional Responsibility in this subchapter;(C) has completed all training materials related to Brady v. Maryland discovery obligations and the Michael Morton Act (Code of Criminal Procedure, Article 39.14) as provided by the Commission; and(D) has participated in the Mandatory Legal and Professional Responsibility Training described in §651.208(e)(1) - (2) of this subchapter (relating to Forensic Analyst and Forensic Technician License Renewal).(e) Disclosures Required by De Minimis Texas Casework Licensed Laboratories. Laboratories licensed under this section must comply with all disclosure obligations required under this chapter. (f) Change in Scope of De Minimis Licensee Work. Where the scope of an individual licensed under the De Minimis provision changes to include interpreting analyst activities as defined in subsection (g)(1) of this section, the employing laboratory must notify the Commission within seven (7) days of the change, and the licensee must apply to become fully licensed before performing interpreting analyst activities. (g) Interpreting Analysts. Laboratories granted a De Minimis Texas Casework License shall fully license all "interpreting analysts" as defined in paragraph (1) of this subsection pursuant to the components described in §651.207 of this subchapter (relating to Forensic Analyst Licensing Requirements, Including License Term, Fee and Procedure for Denial of Application and Reconsideration). (1) Interpreting Analyst Definition. However named, an "interpreting analyst" uses his or her scientific expertise and judgment to interpret data resulting from an expert examination or test and provides information to the trier of fact either by signing a report or testifying in a criminal action. Interpreting analysts have significant decision-making authority regarding the progress, evaluation, and conclusion of forensic analyses and are qualified to both perform independent casework and technically review the work of other analysts. An interpreting analyst exercises judgment in casework and may be called to testify regarding the results of forensic analysis, including not only the steps involved in the physical processing of the evidence, but also the potential significance of information obtained from the examination or test. (2) Technical Reviewers. Technical reviewers who perform technical reviews of an interpreting analyst's casework are considered interpreting analysts. (3) Requirements for Interpreting Analysts Previously Licensed under the Blanket Provision. An interpreting analyst licensed prior to August 24, 2020, under the original out-of-state crime laboratory blanket licensing program, must comply with the specific coursework and minimum education requirements that were in effect prior to January 1, 2019. (h) Licensee Transfers to Laboratories Physically Located in Texas. An individual forensic analyst or technician licensed prior to August 24, 2020, under the original out-of-state crime laboratory blanket license program or the superseding De Minimis Texas casework license program who transfers employment to an accredited crime laboratory physically located in Texas within one year of departing employment from the laboratory through which the licensee originally obtained his or her blanket or De Minimis license shall comply with the requirements in place at the time the analyst's initial license was granted.(i) Fees. A laboratory with analysts and/or technicians licensed under the De Minimis Texas casework program shall pay the requisite license fee for each of the laboratory's forensic analysts and technicians licensed under the De Minimis program and the full forensic analyst or technician license fees for each of the laboratory's interpreting analysts as set forth in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §651.220 adopted to be effective December 16, 2018, 43 TexReg 7911; amended to be effective August 26, 2020, 45 TexReg 5931.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.221"><num value="651.221">§651.221</num><heading>Laboratory License for Purpose of Ensuring Availability of Uncommon Forensic Analysis</heading><content>(a) Application. A laboratory may apply to the Commission for a license under this section on a form provided by the Commission. The Commission's Licensing Advisory Committee, and/or the Commission Director or Designee shall review each application and make a determination regarding whether to grant a laboratory license under this section where the laboratory demonstrates a Texas customer requests a type of forensic analysis that is not widely available in accredited forensic laboratories.(b) Uncommon Forensic Analysis License for Individual Analysts and Technicians. All forensic analysts and technicians employed by a laboratory determined by the Commission's Licensing Advisory Committee, and/or the Commission Director or Designee to meet the criteria for a license under this section shall be licensed upon fulfillment of the following requirements of the licensed laboratory:(1) submit to Commission staff a list of the names of each individual analyst or technician to be licensed indicating the forensic discipline(s) for which each analyst or technician is qualified to perform independent casework; and(2) certify on a form provided by the Commission that each individual named:(A) has read and understands the Code of Professional Responsibility in this subchapter;(B) has completed all training materials related to Brady v. Maryland discovery obligations and the Michael Morton Act (Code of Criminal Procedure, Article 39.14) as provided by the Commission; and(C) has participated in the Mandatory Legal and Professional Responsibility Training described in 651.208(e)(1) - (2) of this subchapter (relating to Forensic Analyst and Forensic Technician License Renewal).(c) Disclosures Required by Uncommon Forensic Analysis License. Laboratories licensed under this section must comply with all disclosure obligations required under this chapter.(d) License Term. A laboratory license and corresponding licenses granted under this section shall expire two (2) years from the date of issuance.(e) Fees. A laboratory licensed under this section must pay the requisite license fee for uncommon forensic analyses for all of the laboratory's licensed forensic analysts and technicians as set forth in this subchapter.</content><note type="source"><p>Source Note: The provisions of this §651.221 adopted to be effective August 26, 2020, 45 TexReg 5931; amended to be effective February 1, 2021, 46 TexReg 838.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scC/s651.222"><num value="651.222">§651.222</num><heading>Voluntary Forensic Analyst and Technician Licensing Requirements</heading><content>(a) Issuance. The Commission may issue an individual's forensic analyst or technician license for forensic examinations or tests not subject to accreditation under this section.(b) Voluntary. Licensure under this section is voluntary and is not a prerequisite for practice in any of the forensic disciplines listed in this section.(c) The following forensic disciplines are eligible for a forensic analyst or forensic technician license under this section: (1) forensic anthropology;(2) document examination, including document authentication, physical comparison, qualitative determination, and recovery;(3) latent print examination, including the forensic examination of friction ridge detail from the hands and feet;(4) latent print processing, including identifying and preserving latent prints from items obtained at a crime scene, by utilizing appropriate visual, physical, and/or chemical techniques with sequential processing to develop latent, patent, and/or plastic prints from a substrate;(5) digital/multimedia evidence (limited to computer, mobile, vehicle, call detail records (i.e., phone carrier record comparisons to mobile device), and location detail records); and(6) crime scene, with the following sub-disciplines:(A) crime scene processing technician, including crime scene documentation (scene notes, photography, sketching, laser scanning), and evidence identification, collection, preservation, and submission;(B) crime scene investigation analyst, including crime scene processing activities as well as the application of analytical techniques used for evidence triage, such as chemical and presumptive testing. It may also include the issuance of a report on crime scene documentation and/or crime scene processing;(C) crime scene reconstruction analyst, including crime scene processing activities, crime scene investigation activities, and any forensic activities requiring the application of the scientific method to evaluate information regarding a crime scene from all reasonably available sources such as scene documentation, investigative reports, physical evidence, laboratory reports, autopsy documentation, photographs, video, and witness statements;(D) crime scene reconstruction analyst, with specific recognition in bloodstain pattern analysis, including all crime scene reconstruction activities described in subparagraph (C) of this paragraph; and(E) crime scene reconstruction analyst, with specific recognition in shooting incident reconstruction, including crime scene reconstruction activities described in subparagraph (C) of this paragraph. (d) Application. Before being issued a forensic analyst license, an applicant shall complete and submit to the Commission a current forensic analyst license application and provide documentation that he or she has satisfied all applicable requirements set forth under this section.(e) Minimum Education Requirements.(1) Document Examination Analyst. An applicant for a forensic analyst license in document examination must have a baccalaureate or advanced degree from an accredited university.(2) Forensic Anthropologist. An applicant for a forensic analyst license in forensic anthropology must be certified by the American Board of Forensic Anthropology (ABFA), including fulfillment of any minimum education requirements required to comply with and maintain ABFA certification at the time of the candidate's application for a license.(3) Latent Print Analyst. An applicant for a forensic analyst license in latent print examination must have:(A) A baccalaureate or advanced degree from an accredited university;(B) 3 years of experience in latent print examination with an Associates of Arts or Associates of Science; or(C) 4 years of experience in latent print examination and 176 hours of training that includes 16 hours of testimonial training (with only a maximum of 80 conference hours accepted as training hours).(4) Latent Print Processing Technician. An applicant for a forensic technician license in latent print processing must have a minimum of a high school diploma or equivalent degree.(5) Digital/Multimedia Evidence Analyst. An applicant for a forensic analyst license in digital/multimedia evidence must have:(A) a baccalaureate or advanced degree from an accredited university;(B) a non-law enforcement or non-military background without a baccalaureate degree, demonstrating equivalent digital skill set through Certified Forensic Computer Examiner (CFCE), Global Information Assurance Certification Certified Forensic Examination (GCFE), or Global Information Assurance Certification Certified Forensic Analyst (GCFA), or equivalent non-vendor certification examination(s) with competency test(s); or(C) law enforcement or military experience equivalent demonstrated through forensic training through one of the following organizations: SysAdmin, Audit, Network, and Security (SANS), International Association for Computer Investigative Specialists (IACIS), National White Collar Crime Center (NW3C), Law Enforcement & Emergency Services Video Association International, Inc. (LEVA), U.S. Military, Computer Analysis Response Team (CART) (FBI Training), Seized Computer Evidence Recovery Specialist (SCERS), or U.S. Secret Service.(6) Crime Scene Reconstruction Analyst. An applicant for a forensic analyst license in crime scene reconstruction, crime scene reconstruction with specific recognition in bloodstain pattern analysis, or crime scene reconstruction with specific recognition in shooting incident reconstruction must have a minimum of a high school diploma or equivalent degree.(7) Crime Scene Investigation Analyst. An applicant for a forensic analyst license limited to the crime scene investigation category of licensure must have a minimum of a high school diploma or equivalent degree.(8) Crime Scene Processing Technician. An applicant for a forensic technician license limited to the crime scene processing technician category of licensure must have a minimum of a high school diploma or equivalent degree.(9) Foreign/Non-U.S. degrees. The Commission shall recognize equivalent foreign, non-U.S. baccalaureate or advanced degrees. The Commission reserves the right to charge licensees a reasonable fee for credential evaluation services to assess how a particular foreign degree compares to a similar degree in the United States. The Commission may accept a previously obtained credential evaluation report from an applicant or licensee in fulfillment of the degree comparison assessment.(f) Specific Coursework Requirements and Certification Requirements.(1) General Requirement for Statistics. With the exception of the categories of licensure specifically exempt in this subsection, an applicant for any forensic analyst license under this section must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.(2) Forensic Discipline-Specific Coursework Requirements.(A) Document Examination Analyst. An applicant for a forensic analyst license in document examination must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. No other specific college-level coursework is required.(B) Forensic Anthropologist. An applicant for a forensic analyst license in forensic anthropology must be certified by the American Board of Forensic Anthropology (ABFA), including fulfillment of any specific coursework requirements necessary to comply with and maintain ABFA certification at the time of the candidate's application for a license.(C) Latent Print Analyst.(i) An applicant for a forensic analyst license in latent print examination who qualifies for a latent print analyst license based on the minimum education requirements set forth in subsection (d)(3)(A) or (B) of this section must have a minimum of 24 semester-credit hours or equivalent in science, technology, engineering, or mathematics (STEM) related coursework.(ii) All applicants for a forensic analyst license in latent print examination must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission.(iii) IAI Certification Requirement for Unaccredited Laboratory. All licensed latent print examination analysts and applicants who are not employed by a laboratory accredited by the Commission must (1) be certified by the International Association for Identification (IAI) under the IAI's Latent Print Certification program and are required to provide proof of certification upon request and notify the Commission of any change in the status of their IAI certification within ten (10) business days of any changes; or (2) successfully complete a competency exam administered by the Texas Division of the International Association for Identification or a proctor approved by the Commission.(D) Digital/Multimedia Evidence Analyst. An applicant for a forensic analyst license in digital/multimedia evidence must have a three-semester credit hour (or equivalent) college-level statistics course from an accredited university or a program approved by the Commission. No other specific college-level coursework is required.(E) Crime Scene Processing Technician. An applicant for a forensic technician license in crime scene processing must successfully complete a Texas Commission on Law Enforcement Course Number 2106 titled Intermediate Crime Scene Search taught by a Texas Commission on Law Enforcement-certified instructor or subject matter expert approved by the Commission.(F) Crime Scene Investigation Analyst. An applicant for a forensic analyst license in crime scene investigation must successfully complete a Texas Commission on Law Enforcement Course Number 2106 titled Intermediate Crime Scene Search taught by a Texas Commission on Law Enforcement-certified instructor or subject matter expert approved by the Commission and must complete a minimum of 240 hours of forensic-related training courses which may include in-house mentorship training.(G) Crime Scene Reconstruction Analyst. An applicant for a forensic analyst license in crime scene reconstruction must have twelve-semester credit hours of college-level courses or equivalent coursework approved by the Commission that includes fluid dynamics, math, and physics; a 40-hour crime scene reconstruction course approved by the Commission; 440 additional hours of forensic-related courses approved by the Commission which may include documented in-house mentorship programs; and have successfully completed a Texas Commission on Law Enforcement Course Number 2106 titled Intermediate Crime Scene Search taught by a Texas Commission on Law Enforcement-certified instructor or subject matter expert approved by the Commission.(H) Crime Scene Reconstruction Analyst, with specific recognition in bloodstain pattern analysis. An applicant for a forensic analyst license in crime scene reconstruction, with specific recognition in bloodstain pattern analysis, must have a 40-hour crime scene reconstruction course approved by the commission, two 40-hour advanced courses taught by two different instructors in blood pattern analysis with syllabi accepted by the International Association of Bloodstain Pattern Analysts (IABPA) or the International Association for Identification (IAI) for certification, a 40-hour fluid dynamics course approved by the Commission, a 40-hour math and physics course approved by the Commission, twenty-four hours of instruction involving presentation and preparation of demonstrative evidence such as 3D modeling, courtroom demonstratives, 440 additional hours of forensic-related courses approved by the Commission which may include documented in-house mentorship programs, and have successfully completed a Texas Commission on Law Enforcement Course Number 2106 titled Intermediate Crime Scene Search taught by a Texas Commission on Law Enforcement-certified instructor or subject matter expert approved by the Commission.(I) Crime Scene Reconstruction Analyst, with specific recognition in shooting incident reconstruction and crime scene reconstruction. An application for a forensic analyst license in crime scene reconstruction, with specific recognition in shooting incident reconstruction must have a 40-hour crime scene reconstruction course approved by the commission, two 40-hour shooting incident reconstruction courses taught by two different instructors in shooting incident reconstruction with syllabi accepted by the International Association for Identification (IAI), the Association of Firearm and Toolmark Examiners (AFTE), or the Association for Crime Scene Reconstruction (ACSR) for certification and approved by the Commission, twenty-four hours of instruction involving presentation and preparation of demonstrative evidence such as 3D modeling and courtroom demonstratives, 440 additional hours of forensic-related courses approved by the Commission which may include documented in-house mentorship programs, and have successfully completed a Texas Commission on Law Enforcement Course Number 2106 titled Intermediate Crime Scene Search taught by a Texas Commission on Law Enforcement-certified instructor or subject matter expert approved by the Commission.(3) Exemptions from Specific Coursework Requirements.(A) Previously Licensed Document Examination Analyst Exemption. An applicant for a voluntary forensic analyst license previously licensed by the Commission when licensure was mandatory for the discipline is exempt from any specific coursework requirements in this subsection.(B) An applicant for the technician license category of any forensic discipline set forth in this subchapter is not required to fulfill any specific college-level coursework requirements, including the three-semester credit hour (or equivalent) college-level statistics course component for licensure.(C) An applicant for a forensic analyst license limited to the crime scene investigation analyst category of licensure is not required to fulfill the three-semester credit hour (or equivalent) college-level statistics course component for licensure.(g) Work Experience.(1) Crime Scene Reconstruction Analyst. An applicant for any forensic analyst license in crime scene reconstruction must have a minimum of five years' experience working in crime scene settings.(2) Crime Scene Investigation Analyst. An applicant for a forensic analyst license in crime scene investigation must have a minimum of one year of experience working in crime scene settings.(h) General Forensic Analyst Licensing Exam Requirement.(1) Exam Requirement. An applicant for a forensic analyst license under this section must pass the General Forensic Analyst Licensing Exam administered by the Commission.(A) An applicant is required to take and pass the General Forensic Analyst Licensing Exam one time.(B) An applicant may take the General Forensic Analyst Licensing Exam no more than three times. If an applicant fails the General Forensic Analyst Licensing Exam three times, the applicant has thirty (30) days from the date the applicant receives notice of the failure to request special dispensation from the Commission as described in subparagraph (C) of this paragraph. Where special dispensation is granted, the applicant has 90 days from the date he or she receives notice the request for exam is granted to successfully complete the exam requirement. However, for good cause shown, the Commission or its Designee at its discretion may waive this limitation.(C) Requests for Exam. If an applicant fails the General Forensic Analyst Licensing Exam three times, the applicant must request in writing special dispensation from the Commission to take the exam more than three times. Applicants may submit a letter of support from their employing agency's director or licensing representative and any other supporting documentation supplemental to the written request.(D) If an applicant sits for the General Forensic Analyst Licensing Exam more than three times, the applicant must pay a $50 exam fee each additional time the applicant sits for the exam beyond the three initial attempts.(E) Modified General Forensic Analyst Licensing Exam. Forensic Technicians in any disciplines set forth in this subchapter, including latent print processing technicians, crime scene processing technicians and crime scene investigation analysts, may fulfill the General Forensic Analyst Licensing Exam requirement by taking a modified exam administered by the Commission.(2) Credit for Pilot Exam. If an individual passes a Pilot General Forensic Analyst Licensing Exam, regardless of his or her eligibility status for a voluntary or mandatory Forensic Analyst License at the time the exam is taken, the candidate has fulfilled the General Forensic Analyst Licensing Exam Requirement of this subsection. (i) Continuing Education Requirements. All continuing education requirements outlined in §651.208 (g)-(i) of this subchapter (relating to Forensic Analyst and Forensic Technician License Renewal) apply to this section.(j) Proficiency Monitoring Requirement.(1) Requirement for Applicants Employed by an Accredited Laboratory. An applicant who is employed by an accredited laboratory must demonstrate the applicant participates in the laboratory's process for intra-agency comparison, interagency comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory's accrediting body's proficiency monitoring requirements as applicable to the Forensic Analyst's or Forensic Technician's specific forensic discipline and job duties.(2) Requirement for Applicants Not Employed at an Accredited Laboratory or at an Accredited Laboratory in an Unaccredited Forensic Discipline. An applicant who is employed by an entity other than an accredited laboratory or performs a forensic examination or test at an accredited laboratory in a forensic discipline not covered by the scope of the laboratory's accreditation must demonstrate the applicant participates in the laboratory or employing entity's process for intra-agency comparison, interagency comparison, proficiency testing, or observation-based performance monitoring requirements in compliance with and on the timeline set forth by the laboratory or employing entity's Commission-approved process for proficiency monitoring as applicable to the Forensic Analyst's or Forensic Technician's specific forensic discipline and job duties.(3) A signed certification by the laboratory or entity's authorized representative that the applicant has satisfied the applicable proficiency monitoring requirements, including any intra-agency comparison, inter-laboratory comparisons, proficiency testing, or observation-based performance monitoring requirements in paragraph (1) or (2) of this subsection as of the date of the analyst's application must be provided on the Proficiency Monitoring Certification form provided by the Commission. The licensee's authorized representative must designate the specific forensic discipline in which the Forensic Analyst or Forensic Technician actively performs forensic casework or is currently authorized to perform supervised or independent casework.(4) Applicants employed by an entity other than an accredited laboratory or performing forensic examinations or tests at an accredited laboratory in a discipline not covered by the scope of the laboratory or employing entity's accreditation must include written proof of the Forensic Science Commission's approval described in (5) of this subsection with the Proficiency Monitoring Certification form required in (3) of this subsection. The applicant must include written documentation of performance in conformance with expected consensus results for the laboratory or employing entity's Commission-approved activities or exercise(s) as applicable to the applicant's specific forensic discipline and job duties in compliance with and on the timeline set forth by the laboratory or employing entity's Commission-approved process for proficiency monitoring.(5) Applicants employed by an entity other than an accredited laboratory or performing forensic examinations or tests at an accredited laboratory in a discipline not covered by the scope of the laboratory or employing entity's accreditation seeking approval of proficiency monitoring activities or exercise(s) must seek prior approval of the activities or exercise(s) from the Commission. (6) Special Proficiency Testing Requirements for Latent Print Analysts and Latent Print Processing Technicians.(A) Where available and appropriate for the job function(s) being tested, proficiency tests shall be obtained from an external source through participation in a proficiency testing program offered by a provider accredited to the ISO/IEC 17043 international standard.(B) Where not available or not appropriate for the job function(s) being tested, proficiency tests may be obtained from an external source through participation in an interagency comparison or developed internally by the employing laboratory or entity through participation in an interagency comparison or intra-agency comparison.(C) All latent print examiner and latent print processing technician proficiency tests selected shall be developed and validated in accordance with the requirements set forth in Sections 4.2 and 4.3 of the Organization of Scientific Area Committees for Forensic Science (OSAC) 2022-S-0012 Friction Ridge Subcommittee's Standard for Proficiency Testing in Friction Ridge Examination.(7) Special Proficiency Testing Requirements for Crime Scene Processing Technicians, Crime Scene Investigation Analysts, and Crime Scene Reconstruction Analysts.(A) Where available and appropriate for the job function(s) being tested, proficiency tests shall be obtained from an external source through participation in a proficiency testing program offered by a provider accredited to the ISO/IEC 17043 international standard.(B) Where not available or not appropriate for the job function(s) being tested, proficiency tests may be obtained from an external source through participation in an interagency comparison or developed internally by the employing laboratory or entity through participation in an interagency comparison or intra-agency comparison.(k) Employing Laboratory or Agency Quality Requirement for Forensic Analysts. Applicants for a forensic analyst license under this section must be employed by a laboratory or agency that can demonstrate, regardless of Commission accreditation status, compliance with specific standards as applicable to the applicant's forensic discipline as published on the Commission's website and updated January 15 of each calendar year.(l) License Term and Fee.(1) A Forensic Analyst license issued under this section shall expire two years from the date the applicant is granted a license.(2) Application Fee. A Forensic Analyst or Forensic Technician license applicant or current licensee under this section shall pay the following fee(s) as applicable:(A) Initial Application fee of $220 for Analysts and $150 for Technicians;(B) Biennial renewal fee of $200 for Analysts and $130 for Technicians;(C) License Reinstatement fee of $220; or(D) Special Exam Fee of $50 for General Forensic Analyst Licensing Exam, required only if testing beyond the three initial attempts.(m) Forensic Analyst License Renewal. Applicants for renewal of a Forensic Analyst License must comply with §651.208 of this subchapter (Forensic Analyst and Forensic Technician License Renewal).(n) Forensic Analyst License Expiration and Reinstatement. A Forensic Analyst must comply with §651.209 of this subchapter (Forensic Analyst and Forensic Technician License Expiration and Reinstatement) of this subchapter.(o) Procedure for Denial of Initial Application or Renewal Application and Reconsideration.(1) Application Review. The Commission Director or Designee must review each initial application or renewal application and determine whether the applicant meets the qualifications and requirements set forth in this subchapter. If a person who has applied for a forensic analyst license under this section does not meet the qualifications or requirements set forth in this subchapter and has submitted a complete application, the Director or Designee must consult with members of the Licensing Advisory Committee before denying the application.(2) Denial of Application. The Commission, through its Director or Designee, may deny an initial or renewal application if the applicant fails to meet any of the qualifications or requirements set forth in this subchapter.(3) Notice of Denial. The Commission, through its Director or Designee, shall provide the applicant a written statement of the reason(s) for denial of the initial or renewal application.(4) Request for Reconsideration. Within twenty (20) days of the date of the notice that the Commission has denied the application, the applicant may request that the Commission reconsider the denial. The request must be in writing, identify each point or matter about which reconsideration is requested, and set forth the grounds for the request for reconsideration.(5) Reconsideration Procedure. The Commission must consider a request for reconsideration at its next meeting where the applicant may appear and present testimony.(6) Commission Action on Request. After reconsidering its decision, the Commission may either affirm or reverse its original decision.(7) Final Decision. The Commission, through its Director or Designee, must notify the applicant in writing of its decision on reconsideration within fifteen (15) business days of the date of its meeting where the final decision was rendered</content><note type="source"><p>Source Note: The provisions of this §651.222 adopted to be effective July 10, 2022, 47 TexReg 3822; amended to be effective November 9, 2022, 47 TexReg 7425; amended to be effective April 16, 2023, 48 TexReg 1968; amended to be effective August 22, 2024, 49 TexReg 6250; amended to be effective May 12, 2025, 50 TexReg 2815; amended to be effective November 25, 2025, 50 TexReg 7578.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p15/c651/scD"><num value="D">SUBCHAPTER D</num><heading>PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES</heading><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.301"><num value="651.301">§651.301</num><heading>Purpose</heading><content>(a) Generally. This subchapter contains the Texas Forensic Science Commission (Commission) rules adopted under Article 38.01 §4(a) Code of Criminal Procedure, that govern the Commission's duties to:(1) to develop and implement a reporting system through which crime laboratories may report professional negligence or professional misconduct;(2) require a crime laboratory that conducts forensic analyses to report professional negligence or professional misconduct to the Commission; and(3) investigate, in a timely manner, any allegation of professional negligence or professional misconduct that would substantially affect the integrity of the results of a forensic analysis conducted by a crime laboratory.(b) The Commission may initiate for educational purposes an investigation of a forensic analysis without receiving a complaint, submitted through the reporting system described in this subsection, that contains an allegation of professional negligence or professional misconduct involving the forensic analysis conducted if the Commission determines by majority vote of a quorum of Commission members that an investigation of the forensic analysis would advance the integrity and reliability of forensic science in Texas.</content><note type="source"><p>Source Note: The provisions of this §651.301 adopted to be effective January 30, 2018, 43 TexReg 473.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.302"><num value="651.302">§651.302</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Accredited field of forensic science--means a specific forensic method or methodology validated or approved by the Commission under Article 38.01, Code of Criminal Procedure §4-d as part of the accreditation process for crime laboratories.(2) Crime laboratory--has the meaning assigned by Article 38.35, Code of Criminal Procedure.(3) Forensic analysis--has the meaning assigned by Article 38.01, Code of Criminal Procedure.(4) Forensic pathology--includes that portion of an autopsy conducted by a medical examiner or other forensic pathologist who is a licensed physician.(5) Accredited laboratory--includes a public or private laboratory or other entity that conducts forensic analysis as defined in Article 38.35, Code of Criminal Procedure and is accredited by a national accrediting body recognized by the Commission and listed in §651.4 of this title (relating to List of Recognized Accrediting Bodies).(6) Physical evidence--has the meaning assigned by Article 38.35, Code of Criminal Procedure.(7) Professional misconduct--means the forensic analyst or crime laboratory, through a material act or omission, deliberately failed to follow a standard of practice that an ordinary forensic analyst or crime laboratory would have followed, and the deliberate act or omission would substantially affect the integrity of the results of a forensic analysis. An act or omission was deliberate if the forensic analyst or crime laboratory was aware of and consciously disregarded an accepted standard of practice.(8) Professional negligence--means the forensic analyst or crime laboratory, through a material act or omission, negligently failed to follow the standard of practice that an ordinary forensic analyst or crime laboratory would have followed, and the negligent act or omission would substantially affect the integrity of the results of a forensic analysis. An act or omission was negligent if the forensic analyst or crime laboratory should have been but was not aware of an accepted standard of practice.(9) For purposes of these definitions, the term "standard of practice" includes any of the activities engaged in by a "forensic analyst" as those activities are defined in Article 38.01, Code of Criminal Procedure. "Forensic analyst" means a person who on behalf of a crime laboratory accredited under Article 38.01, Code of Criminal Procedure technically reviews or performs a forensic analysis or draws conclusions from or interprets a forensic analysis for a court or crime laboratory.(10) The term "would substantially affect the integrity of the results of a forensic analysis" does not necessarily require that a criminal case be impacted or a report be issued to a customer in error. The term includes acts or omissions that would call into question the integrity of the forensic analysis, the forensic analyst or analysts, or the crime laboratory as a whole regardless of the ultimate outcome in the underlying criminal case.(11) Final investigative report--means a required, written report issued by the Commission pursuant to Article 38.01, Code of Criminal Procedure §4(b).</content><note type="source"><p>Source Note: The provisions of this §651.302 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective July 15, 2019, 44 TexReg 3550; amended to be effective April 6, 2020, 45 TexReg 2320; amended to be effective August 26, 2020, 45 TexReg 5932.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.303"><num value="651.303">§651.303</num><heading>Statutory Requirements for Commission Investigations</heading><content>(a) If the Commission conducts an investigation under §651.301(a)(3) of this subchapter of a crime laboratory that is required to be accredited under Code of Criminal Procedure, article 38.01 §4-d pursuant to an allegation of professional negligence or professional misconduct involving an accredited field of forensic science, the investigation:(1) must include the preparation of a written report that identifies and also describes the methods or procedures used to identify:(A) the alleged negligence or misconduct;(B) whether negligence or misconduct occurred;(C) any corrective action required of the laboratory, facility, or entity;(D) observations of the Commission regarding the integrity and reliability of the forensic analysis conducted;(E) best practices identified by the Commission during the course of the investigation; and(F) other recommendations that are relevant, as determined by the Commission; and(2) may include one or more:(A) retrospective reexaminations of other forensic analyses conducted by the laboratory, facility or entity that may involve some kind of negligence or misconduct; and(B) follow-up evaluations of the laboratory, facility or entity to review the implementation of any corrective action required or the conclusion of any retrospective reexamination.(b) If the Commission conducts an investigation under §651.301(a)(3) of this subchapter of a crime laboratory that is not accredited under this article or the investigation is conducted pursuant to an allegation involving a forensic method or methodology that is not an accredited field of forensic science, the investigation may include the preparation of a written report that contains:(1) observations of the Commission regarding the integrity and reliability of the forensic analysis conducted;(2) best practices identified by the Commission during the course of the investigation; or(3) other recommendations that are relevant, as determined by the Commission.(c) If the Commission conducts an investigation of a forensic analysis under §651.301(b) of this subchapter, the investigation must include the preparation of a written report that contains:(1) observations of the Commission regarding the integrity and reliability of the forensic analysis conducted;(2) best practices identified by the Commission during the course of the investigation; and(3) other recommendations that are relevant, as determined by the Commission.(d) The Commission by contract may delegate the duties described in §§651.301(a)(1) and (3) to any person the Commission determines to be qualified to assume those duties.(e) The Commission may require that a crime laboratory investigated under this subchapter pay any costs incurred to ensure compliance with this section.(f) The Commission shall make all investigation reports completed under this subchapter available to the public. A report completed under this subchapter, in a subsequent civil or criminal proceeding, is not prima facie evidence of the information or findings contained in the report.(g) The Commission may not make a determination of whether professional negligence or professional misconduct occurred or issue a finding on that question in an investigation initiated under §651.301(b) of this subchapter or for which an investigation report may be prepared under subsection (b) of this section.(h) The Commission may review and refer cases that are subject of an investigation under §651.301(a) or (b) to the office of capital and forensic writs in accordance with Section 78.0545(b), Government Code.</content><note type="source"><p>Source Note: The provisions of this §651.303 adopted to be effective January 30, 2018, 43 TexReg 473.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.304"><num value="651.304">§651.304</num><heading>Processing of Complaints and Laboratory Self-disclosures</heading><content>(a) Forms. The FSC shall approve forms for complaints and laboratory self-disclosures and make them available on the FSC website.(b) Process Generally. Complaints and self-disclosures are initially reviewed by the Commission's Complaint and Disclosure Screening Committee ("CDSC") approved for investigation by a majority of a quorum of Commissioners, investigated through an Investigative Panel, which may include outsourced investigative resources, and completed in the form of a report adopted by a majority of a quorum of Commissioners.</content><note type="source"><p>Source Note: The provisions of this §651.304 adopted to be effective January 30, 2018, 43 TexReg 473.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.305"><num value="651.305">§651.305</num><heading>Complaint and Self-disclosure Screening</heading><content>(a) Complaints and self-disclosures will be considered initially through the CSC. The chair of the CSC must present the complaints and disclosures before the Commission with a recommendation for disposition. The CSC may recommend the following dispositions:(1) dismiss the complaint or disclosure;(2) accept the complaint or disclosure;(3) recommend the Commission use its discretion to review the matter for educational purposes;(4) recommend no further action by the laboratory is necessary at this time; or(5) take such other action as appropriate.(b) The CSC may assign staff to collect preliminary information related to a complaint or self-disclosure, including research into the status of any underlying criminal or civil case and whether the complaint or self-disclosure addresses a forensic analysis subject to investigation by the Commission.(c) An actor named in a complaint or self-disclosure and the involved accredited laboratory, facility or entity may be given an opportunity but is not required to provide a written reply, offering any reasons for or against accepting the complaint or disclosure for investigation.(d) The following factors may be considered when a complaint or self-disclosure is screened by the CSC and considered by the Commission:(1) whether the Commission has investigative jurisdiction;(2) the availability of any actor who conducted any part of the forensic analysis;(3) the length of time between the forensic analysis and the complaint or disclosure;(4) the availability of records in connection with the forensic analysis and any associated litigation;(5) the status of any criminal case or civil litigation associated with the forensic analysis;(6) the potential for additional relevant forensic analysis;(7) any other factor that would enhance or detract from a complete and accurate investigation of the forensic analysis and any alleged negligence or misconduct;(8) the availability of funds to complete an investigation; and(9) the opportunity for the investigation and report to educate the forensic science community, advance the standards and training associated with such a forensic analysis or identify legislative recommendations for strengthening a field of forensic science.(e) Upon reaching a recommended initial disposition for a complaint or self-disclosure, the CSC shall provide a summary of the recommendation to the Commission's presiding officer for presentation to a quorum of Commissioners.(f) Following action by the Commission regarding the disposition of any complaint or self-disclosure, the Commission must notify the complainant, actor involved in the forensic analysis and the laboratory, facility, or entity of the disposition.(g) To ensure thorough consideration of all complaints and self-disclosures, complainants and laboratories submitting self-disclosures should make such submissions at least fifteen (15) business days before a particular quarterly Commission meeting to have the complaint or self-disclosure considered at that meeting. The Commission reserves the right to consider any complaint or disclosure that does not meet the 15-day deadline at the next quarterly meeting.(h) A Commission member may, by formal motion, request that the full Commission reconsider a dismissed complaint or disclosure if the member identifies new evidence of professional negligence or professional misconduct that was not previously considered by the Commission. The new evidence may be derived from either:(1) information in the existing record that the complainant believes was not considered by the Commission previously; or(2) new information brought to the Commission's attention that was not previously considered by the Commission.(i) A motion described under subsection (h) of this section may be made only if the Commissioner believes in good faith that the information will have a material impact on the Commission's analysis of the complaint or disclosure pursuant to its screening criteria.(j) After considering the member's motion, the Commission must vote to:(1) affirm the original decision to dismiss the complaint or self-disclosure; or(2) re-open the complaint or disclosure.(k) The Commission must notify the complainant and the appropriate laboratory, facility or entity in writing of the results of the Commission's vote under subsection (h) of this section.(l) The Commission must conduct an appropriate investigation of a complaint or disclosure reopened under subsection (j)(2) of this section.</content><note type="source"><p>Source Note: The provisions of this §651.305 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.306"><num value="651.306">§651.306</num><heading>Dismissal for Lack of Jurisdiction</heading><content>(a) Autopsy-related complaints. The Commission's General Counsel may make a recommendation that the Commission dismiss complaints related to the portion of an autopsy conducted by a medical examiner or licensed physician as falling outside the Commission's statutory jurisdiction.(b) DNA mixture complaints. The General Counsel may recommend that the Commission refer complaints and requests involving DNA mixtures to the statewide DNA Mixture Triage Team or other responsible entity. The General Counsel must provide the total number of complaints and inquiries referred to the statewide DNA Mixture Triage Team to the Commission at each quarterly meeting during which such referrals are made.(c) Non-forensic analysis complaints. The General Counsel may recommend that the Commission dismiss the following categories of complaints:(1) those the General Counsel does not consider to include a medical, chemical, toxicologic, ballistic, or other expert examination or test performed on physical evidence, including DNA evidence, for the purpose of determining the connection of the evidence to a criminal action;(2) those the General Counsel believes constitute a presumptive test performed for the purpose of determining compliance with a term or condition of community supervision or parole and conducted by or under contract with a community supervision and corrections department, the parole division of the Texas Department of Criminal Justice, or the Board of Pardons and Paroles; or(3) those the General Counsel believes constitute an expert examination or test conducted principally for the purpose of scientific research, medical practice, civil or administrative litigation, or other purpose unrelated to determining the connection of the evidence to a criminal action.(d) Right to re-open. Any Commission member has a right to reopen cases dismissed pursuant to subsections (a)-(c) of this section. Commission staff must present a summary of complaints dismissed under this subsection to the Commission for approval by a majority of a quorum of commissioners at each quarterly meeting.</content><note type="source"><p>Source Note: The provisions of this §651.306 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective February 10, 2020, 45 TexReg 919; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.307"><num value="651.307">§651.307</num><heading>Investigative Panels</heading><content>(a) Panel procedure. After the Commission votes to conduct an investigation, for complex investigations, the Commission's presiding officer may nominate at least three members of the Commission to an Investigation Panel ("Panel") subject to the approval of a majority of a quorum of Commissioners.(b) Panel investigation. For investigations in which a Panel is created, the Panel initially must specify the focus of the investigation, communicate with the entities or individuals involved in the investigation, and collect any appropriate records. The Panel also may initiate contact with any governmental agency, individual, or entity to inquire about assistance in a full investigation. The Panel may:(1) collect and review appropriate documents as necessary;(2) conduct interviews with appropriate individuals;(3) issue notification of results or refer the case to a governmental or other relevant agency or accrediting body, pursuant to a written communication, memorandum of understanding, or other appropriate agreement between the agencies;(4) contract with a subject matter expert if needed; or(5) take such other action as appropriate.(c) All Panel meetings must be held in in-person meetings or by videoconference, in accordance with the Texas Open Meetings Act.(d) Investigations Facilitated by Staff. For investigations in which an Investigative Panel is deemed unnecessary, the Commission must instruct staff to conduct the investigation, which must include the same activities described in §651.307(b).(e) Referral of investigative cases to the Office of Capital and Forensic Writs. The Commission may review and refer cases that are the subject of an investigation under §651.301(a) or (b) of this subchapter to the Office of Capital and Forensic Writs in accordance with Section 78.054(b), Government Code.(1) General procedure for referral to the Office of Capital and Forensic Writs. A majority of a quorum of Commissioners may recommend referral of a case accepted for investigation by the Commission under §651.301(a) or (b) of this subchapter (relating to Purpose) to the Office of Capital and Forensic Writs.(2) Written referral and corresponding documents. The Commission Presiding Officer or Designee must provide each recommended case referral in writing, including all documents in the Commission's possession related to the case and any investigative report issued, to the Office of Capital and Forensic Writs Director or Designee for determination regarding potential legal representation no later than ten (10) business days from the date the Commission recommends referral.</content><note type="source"><p>Source Note: The provisions of this §651.307 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective April 5, 2020, 45 TexReg 2320; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scD/s651.308"><num value="651.308">§651.308</num><heading>Investigative Reports</heading><content>(a) Written report requirements. If the Commission approves a full investigation, the Panel or Staff shall coordinate the completion of the investigation and draft a written report, including a recommendation for final disposition to the Commission. An investigative report or recommendation is not final and does not represent the conclusions of the Commission until a final report is adopted and issued by a majority of a quorum of Commissioners. The Commission must issue a report using the criteria set forth in Article 38.01, Code of Criminal Procedure.(b) Investigations of accredited crime laboratories and accredited forensic disciplines only. For investigations involving accredited crime laboratories and accredited forensic disciplines, the Commission may:(1) find there is insufficient credible information to conclude that professional negligence or professional misconduct occurred in the forensic analysis;(2) find there is sufficient evidence to conclude that professional negligence or professional misconduct occurred in the forensic analysis;(3) require retrospective re-examination of evidence as appropriate;(4) require corrective action and follow-up as appropriate.(c) All Commission investigations. For all Commission investigations, regardless of whether they involve accredited crime laboratories and accredited forensic disciplines, the Commission's report may:(1) make observations regarding the integrity and reliability of the forensic analysis conducted;(2) identify applicable best practices; and(3) make other relevant recommendations.(d) Any finding by the Commission is not a comment upon the guilt or innocence of any individual and is not necessarily a basis for relief in litigation or in any other forum. Reports of the Commission are not admissible in a civil or criminal action.(e) The Commission must make the final report available to the public on the Commission's website and provide a copy, as applicable, to the:(1) prosecutor, judge, defendant and defense attorney involved in the underlying criminal case, if any;(2) Board of Pardons and Paroles;(3) Director of the Department of Public Safety;(4) Governor;(5) Lieutenant Governor;(6) Speaker of the House of Representatives;(7) complainant; and(8) actor(s) and accredited laboratory, facility, or entity involved in any part of the forensic analysis.(f) Open records limitation. Pursuant to Code of Criminal Procedure, Article 38.01 §10, information that is filed as part of an allegation of professional misconduct or professional negligence or that is obtained during an investigation of an allegation of professional misconduct or professional negligence is not subject to release until the conclusion of an investigation by the Commission.</content><note type="source"><p>Source Note: The provisions of this §651.308 adopted to be effective January 30, 2018, 43 TexReg 473; amended to be effective February 25, 2024, 49 TexReg 877.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p15/c651/scE"><num value="E">SUBCHAPTER E</num><heading>NOTICE TO AND APPEALS BY LICENSE HOLDERS AND CRIME LABORATORIES</heading><section identifier="/us/state/tx/tac/t37/p15/c651/scE/s651.401"><num value="651.401">§651.401</num><heading>Notice and Hearing Request</heading><content>(a) The Commission must give written notice by certified mail to a license holder or crime laboratory that is the subject of any disciplinary action, finding of professional negligence or professional misconduct, violation of the code of professional responsibility, or violation of another rule or order of the Commission. The notice must:(1) include a brief summary of the professional negligence, professional misconduct, violation of the code of professional responsibility, or other rule or statutory violation;(2) state the disciplinary action proposed by the Commission; and(3) inform the license holder or crime laboratory of the right to a hearing before the Judicial Branch Certification Commission on the occurrence of the professional negligence or misconduct or rule violation, the imposition of a disciplinary action, or both.(b) for purposes of this subchapter, "disciplinary action" against a license holder or crime laboratory includes any of the following actions: revocation or suspension of an individual's license or a crime laboratory's accreditation; refusal to renew an individual's license or a crime laboratory's accreditation; reprimand of a license holder or crime laboratory, or probated suspension.(c) Hearing Request. Not later than the 20th day after the date the license holder or crime laboratory receives the notice under subsection (a) of this section, the license holder or crime laboratory may accept the Commission determination or disciplinary action or request a hearing by submitting a written request to the Judicial Branch Certification Commission to contest the findings of fact or conclusions of law, the occurrence of the negligence, misconduct, or violation, or the imposition of a disciplinary action, as applicable. If the license holder or crime laboratory fails to timely submit a request, the Commission's disciplinary action becomes final and is not subject to review by the Judicial Branch Certification Commission. Hearing requests may be submitted via email to info@fsc.texas.gov.(d) Judicial Branch Certification Commission Hearing. If the license holder or crime laboratory requests a hearing, the Judicial Branch Certification Commission must conduct a hearing to determine whether there is substantial evidence to support the determination under subsection (a) of this section that the negligence, misconduct, or violation occurred. If the Judicial Branch Certification Commission upholds the determination, the Judicial Branch Certification Commission shall determine the type of disciplinary action to be taken. The Judicial Branch Certification Commission must conduct the hearing and any appeal of that Commission's decision, in accordance with the procedures provided by Subchapter B, Chapter 153, Government Code, as applicable, and the rules of the Judicial Branch Certification Commission.(e) Disposition by Agreement. Any disciplinary matter may be disposed of by agreement, unless precluded by law. The agreement must be in writing and may be in the form of a stipulation, a settlement agreement, or a consent order. The Commission may approve or reject the agreement. If the Commission rejects the agreement, the respondent has a right to a hearing on the disciplinary matter before the Judicial Branch Certification Commission per subsection (d) of this section.</content><note type="source"><p>Source Note: The provisions of this §651.401 adopted to be effective August 22, 2024, 49 TexReg 6255.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p15/c651/scF"><num value="F">SUBCHAPTER F</num><heading>DNA QA DATABASE; STORAGE AND REMOVAL OF CERTAIN DNA RECORDS</heading><section identifier="/us/state/tx/tac/t37/p15/c651/scF/s651.501"><num value="651.501">§651.501</num><heading>Purpose</heading><content>Generally. This subchapter contains the Texas Forensic Science Commission (Commission) rules adopted under Code of Criminal Procedure, Article 38.01 § 4-e that govern the storage and removal of certain DNA records maintained in a crime laboratory's DNA QA database.</content><note type="source"><p>Source Note: The provisions of this §651.501 adopted to be effective March 20, 2024, 49 TexReg 1503.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scF/s651.502"><num value="651.502">§651.502</num><heading>Definitions</heading><content>The following words and terms, when used in this subchapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) DNA--deoxyribonucleic acid.(2) DNA QA Database--a database maintained by a crime laboratory and used to identify possible contamination or other quality assurance events with respect to a DNA sample.(3) Elimination sample--a blood sample or other biological sample or specimen voluntarily provided by the victim of an offense or another individual not involved in the alleged offense whose DNA is likely to be present at the scene of the crime to isolate and identify the DNA of a potential perpetrator.(A) The designation of any sample as an "elimination sample" is based upon factual information provided by the submitting law enforcement or other investigative agency.(B) Samples maintained by a crime laboratory for the purpose of administering a blind proficiency testing program are not considered elimination samples subject to this subchapter.(4) QA--quality assurance system in a crime laboratory.</content><note type="source"><p>Source Note: The provisions of this §651.502 adopted to be effective March 20, 2024, 49 TexReg 1503.</p></note></section><section identifier="/us/state/tx/tac/t37/p15/c651/scF/s651.503"><num value="651.503">§651.503</num><heading>DNA QA Database; Storage and Removal of Certain DNA Records</heading><content>(a) Requirement to Maintain DNA QA Database Separately. A crime laboratory's DNA QA database must be maintained separately from any other local, state, or federal database, including the CODIS DNA database established by the Federal Bureau of Investigation.(b) Prohibited Upload of Elimination Samples. Crime laboratories are prohibited from uploading or storing a DNA record created from an elimination sample, or any other information derived from that record, in any database other than the DNA QA database maintained by the crime laboratory. Nothing in this subchapter prohibits a crime laboratory from maintaining case information, including DNA records, as required to comply with accrediting body standards or applicable law, including but not limited to article 39.14, Code of Criminal Procedure.(c) Prohibited Access to DNA QA Database Records. Crime laboratories are prohibited from allowing any other person, other than authorized users, access to the crime laboratory's DNA QA database.(d) Timeline for Removal of Elimination Samples. Crime laboratories that maintain a DNA QA database must, not later than three months after the date on which a forensic DNA analysis of an elimination sample is completed, remove from the DNA QA database the DNA record created from the elimination sample and any other information derived from that record that is contained in the database.</content><note type="source"><p>Source Note: The provisions of this §651.503 adopted to be effective March 20, 2024, 49 TexReg 1503.</p></note></section></subchapter></chapter></part><part identifier="/us/state/tx/tac/t37/p16"><num value="16">PART 16</num><heading>TEXAS CIVIL COMMITMENT OFFICE</heading><chapter identifier="/us/state/tx/tac/t37/p16/c810"><num value="810">CHAPTER 810</num><heading>CIVIL COMMITMENT</heading><subchapter identifier="/us/state/tx/tac/t37/p16/c810/scA"><num value="A">SUBCHAPTER A</num><heading>CIVIL COMMITMENT GENERAL PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p16/c810/scA/s810.121"><num value="810.121">§810.121</num><heading>Introduction</heading><content>(a) General. This chapter governs the policies and procedures relating to the civil commitment of sexually violent predators in the State of Texas.(b) Construction. This chapter covers the Texas Civil Commitment Office's (TCCO) requirements to develop and administer policies on the standards of care and case management, and the conditions of supervision and treatment for sexually violent predators. This chapter also describes the tiered program for the supervision and treatment of a committed person.</content><note type="source"><p>Source Note: The provisions of this §810.121 adopted to be effective September 12, 2004, 29 TexReg 8531; amended to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 480.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scA/s810.122"><num value="810.122">§810.122</num><heading>Definitions</heading><content>The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.(1) Act--Health and Safety Code Chapter 841, Civil Commitment of Sexually Violent Predators.(2) Case Management Team--All professionals involved in the assessment, treatment, supervision, monitoring, residential housing of the client, or other approved professionals. The case manager assigned by the office shall act as the chairperson of the team.(3) Chemical Restraints--Chemical agents or inflammatory agents such as Oleoresin Capsicum (OC) or Orthochlorobenzalmalononitrile (CS) spray, that are designed to temporarily immobilize or incapacitate through temporary discomfort caused by the chemical action.(4) Clinical Examiner--A person or persons employed by or under contract with the office to conduct a biennial examination to assess any change in the behavioral abnormality for a person committed under the Act, §841.081.(5) Income--(A) or the purpose of recovery of costs under §841.084 of the Act, income includes but is not limited to:(i) money received from employment, to include wages, salaries, tips and other taxable employee pay;(ii) disability benefits;(iii) net earnings from self-employment;(iv) net gain from the sale of property purchased while under civil commitment;(v) net income from rental property or an ownership in an on-going business;(vi) interest or dividend income; retirement income;(vii) social security income;(viii) unemployment benefits;(ix) proceeds from lottery winnings; and(x) gifts of cash.(B) The following are excluded from Income:(i) funds or property received from a judgment;(ii) an inheritance;(iii) funds or property received from a divorce decree;(iv) insurance proceeds;(v) transfers of funds from a spouse which shall not exceed $100.00 monthly; or(vi) proceeds from the sale of property acquired prior to being civilly committed.(6) Indigent--For the purpose of recovery of costs under § 841.084 of the Act, a sexually violent predator is considered to be indigent if the sexually violent predator does not have any income.(7) Mechanical Restraints--Items such as handcuffs, cuff protectors, plastic cuffs (disposable type), leg irons, belly chains etc. and are designed to immobilize or incapacitate a client.(8) Multidisciplinary Team (MDT)--Members of the Texas Civil Commitment Office (two), a licensed sex offender treatment provider from the Council on Sex Offender Treatment (one), Texas Department of Criminal Justice Rehabilitation Programs Division - sex offender rehabilitation program (one), Texas Department of Criminal Justice - Victim Service Division (one), a licensed peace officer employed by the Texas Department of Public Safety with at least five years' experience working for that department or the officer's designee (one), and a mental health professional from the Texas Department of State Health Services (one). The team assesses whether a person is a repeat sexually violent offender and whether the person is likely to commit a sexually violent offense after release; gives notice of its findings to the Texas Department of Criminal Justice; and recommends that the person be assessed for a behavioral abnormality.(9) Office--The Texas Civil Commitment Office (TCCO) including the Governing Board (Government Code Chapter 420A).</content><note type="source"><p>Source Note: The provisions of this §810.122 adopted to be effective October 22, 2006, 31 TexReg 8520; amended to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 481; amended to be effective February 28, 2018, 43 TexReg 1140; amended to be effective November 14, 2021, 46 TexReg 7803.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p16/c810/scB"><num value="B">SUBCHAPTER B</num><heading>CIVIL COMMITMENT</heading><section identifier="/us/state/tx/tac/t37/p16/c810/scB/s810.151"><num value="810.151">§810.151</num><heading>Administration of the Act</heading><content>The Texas Civil Commitment Office (office) is responsible for providing appropriate and necessary treatment and supervision through the case management system. The office shall hire or contract for the services of case managers, treatment providers, global positioning tracking providers, biennial examination experts, transportation providers, and residential housing providers.</content><note type="source"><p>Source Note: The provisions of this §810.151 adopted to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 481.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scB/s810.153"><num value="810.153">§810.153</num><heading>Tiered Treatment and Supervision Program</heading><content>The office shall determine the conditions of supervision and treatment for persons committed under this chapter.(1) The office shall develop a tiered program policy for the supervision and treatment of a committed person. The tiered program shall provide for the seamless transition of a committed person from a total confinement facility to less restrictive housing and supervision and eventually release based on the person's behavior and progress in treatment.(2) The policy regarding the movement of committed persons between programming tiers shall be in accordance with Chapter 841 of the Texas Health and Safety Code. The office shall take into account the committed person's individual treatment plan and behavior in movement through programming tiers. A committed person shall be required to meet the tasks and targets of the person's current programming tier and demonstrate that the person has internalized the concepts of the current programming tier prior to movement to the next programming tier. A committed person who demonstrates a regression in treatment or behavior may be reduced in tier levels.(3) The office shall enter into appropriate contracts or memoranda of understanding for the provision of any necessary supervised housing and other related services and may enter into appropriate contracts for medical and mental health services and sex offender treatment.</content><note type="source"><p>Source Note: The provisions of this §810.153 adopted to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 482; amended to be effective February 28, 2018, 43 TexReg 1140.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scB/s810.154"><num value="810.154">§810.154</num><heading>Emergency Detention Orders</heading><content>(a) The office is required to transfer a committed person to a more restrictive setting if the office considers the transfer necessary to further treatment and to protect the community.(b) In such an instance, when the office has determined that it is necessary to transfer a committed person to a more restrictive setting in order to further the person's supervision and treatment, the office may issue an emergency detention order.(c) The emergency detention order shall authorize a peace officer to immediately apprehend the individual and transport the individual to a location designated by the office.(d) The emergency detention order shall list the individual's name and identifying details, current location, location to which the person shall be transferred and shall be signed by the office's Executive Director or designee.</content><note type="source"><p>Source Note: The provisions of this §810.154 adopted to be effective February 28, 2018, 43 TexReg 1141.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scB/s810.155"><num value="810.155">§810.155</num><heading>Mechanical and Chemical Restraints</heading><content>(a) An employee of the office, a person who contracts with the office, or an employee of that contractor may use mechanical or chemical restraints on a committed person residing in a civil commitment center or while transporting a committed person who resides in a civil commitment center. Mechanical and chemical restraints may be utilized in the following circumstances:(1) The use of mechanical or chemical restraints is a last resort;(2) The use of mechanical or chemical restraints is necessary to stop or prevent:(A) imminent physical injury to the committed person or another;(B) threatening behavior by the committed person while the person is using or exhibiting a weapon;(C) a disturbance by a group of committed persons;(D) or an absconsion from the civil commitment center; and(3) The mechanical or chemical restraint utilized is the least restrictive restraint necessary and used for the minimum duration necessary.(b) An employee of the office, a person who contracts with the office, or an employee of the office is only authorized to use mechanical or chemical restraints if the individual completes a training program approved by the office which includes instruction regarding approved restraint techniques, de-escalation practices, and demonstrates competency in the use of restraint techniques and devices.(c) The office shall maintain records regarding each use of mechanical or chemical restraints.</content><note type="source"><p>Source Note: The provisions of this §810.155 adopted to be effective February 28, 2018, 43 TexReg 1141.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scB/s810.156"><num value="810.156">§810.156</num><heading>Sexually Violent Predators Required to Submit to Global Positioning Satellite (GPS) Tracking</heading><content>Sexually violent predator clients shall be required to submit to GPS tracking when the client:(1) Leaves the civil commitment center for any reason;(2) Reside at the civil commitment center and are assigned to Tier 1 or Tier 2-I or are a new arrival that have not yet been assigned a tier level;(3) Are program non-compliant as determined by the Office;(4) Have a special condition of supervision such as parole supervision requiring them to submit to GPS monitoring; or(5) Reside in the community outside a civil commitment center.</content><note type="source"><p>Source Note: The provisions of this §810.156 adopted to be effective February 28, 2018, 43 TexReg 1142; amended to be effective May 24, 2022, 47 TexReg 3060.</p></note></section></subchapter><subchapter identifier="/us/state/tx/tac/t37/p16/c810/scE"><num value="E">SUBCHAPTER E</num><heading>MISCELLANEOUS PROVISIONS</heading><section identifier="/us/state/tx/tac/t37/p16/c810/scE/s810.272"><num value="810.272">§810.272</num><heading>Office Appointment of Multidisciplinary Members</heading><content>The office shall appoint members of the office to serve as members of the Multidisciplinary Team (team) as defined in the Health and Safety Code §841.022. The office members who serve on the team shall keep the office informed of the actions taken by the team by providing the office's Executive Director with periodic reports as required.</content><note type="source"><p>Source Note: The provisions of this §810.272 adopted to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 485.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scE/s810.273"><num value="810.273">§810.273</num><heading>Cost of Housing, Treatment, and Tracking Services</heading><content>A civilly committed person who is not indigent is responsible for the cost of housing and treatment services under Chapter 841 of the Health and Safety Code and the cost of the tracking service required by Health and Safety Code §841.082 as well as any intentional loss of or damage to the tracking monitor. The office shall create and administer a policy regarding cost recovery for services utilizing the definitions of indigent and income set forth in Rule §810.122, Definitions. The policy shall set forth the method of payment for the cost recovery and shall not require payment in an amount that exceeds 50% of the income of the committed person or the actual cost of the services.</content><note type="source"><p>Source Note: The provisions of this §810.273 adopted to be effective April 24, 2011, 36 TexReg 2396; transferred effective September 1, 2011, as published in the Texas Register December 9, 2011, 36 TexReg 8391; amended to be effective December 30, 2012, 37 TexReg 9965; amended to be effective February 8, 2017, 42 TexReg 485; amended to be effective February 28, 2018, 43 TexReg 1142.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scE/s810.274"><num value="810.274">§810.274</num><heading>Contracts Requiring Enhanced Monitoring</heading><content>Under §2261.253 of the Texas Government Code, the Texas Civil Commitment Office implements the following procedures for contracts for the purchase of goods or services from private vendors until the contract expires or is completed.(1) For each contract with a value greater than $25,000, the office shall evaluate whether enhanced contract or performance monitoring is appropriate. The office may evaluate whether enhanced contract or performance monitoring is appropriate for contracts with a value less than $25,000. Criteria that may be considered include:(A) Total cost of the contract, including contract renewals;(B) Risk of loss to the office under the contract;(C) Resources available for enhanced contract monitoring or performance monitoring;(D) Vendor past performance; and(E) Whether the vendor is a foreign or domestic person or entity.(2) The office shall consider all contracts valued at over $1 million dollars and contracts for the treatment of sexually violent predators to be contracts requiring enhanced monitoring.(3) If enhanced contract monitoring is appropriate, the Executive Director shall report to the Board:(A) The basis for the determination that enhanced contract or performance monitoring is appropriate;(B) Any serious issues or risks identified with the contract; and(C) The plan for carrying out the enhanced contract or performance monitoring.(4) This rule applies only to contracts for which the solicitation is made public on or after September 1, 2015; or if the contract is exempt from competitive bidding, where the contract is entered into on or after September 1, 2015. This rule does not apply to memoranda of understanding, interagency contracts, interlocal agreements, or contracts that do not involve a cost to the office.</content><note type="source"><p>Source Note: The provisions of this §810.274 adopted to be effective February 8, 2017, 42 TexReg 486.</p></note></section><section identifier="/us/state/tx/tac/t37/p16/c810/scE/s810.275"><num value="810.275">§810.275</num><heading>Contract Monitoring Responsibilities</heading><content>Contract monitoring, when applicable, is primarily conducted by the program and administrative staff of the Texas Civil Commitment Office under the authority and direction of §2261.202 of the Texas Government Code. The internal audit function will perform any additional contract monitoring as specifically directed by the Audit Committee of the Texas Civil Commitment Office Board.</content><note type="source"><p>Source Note: The provisions of this §810.275 adopted to be effective February 8, 2017, 42 TexReg 486.</p></note></section></subchapter></chapter></part>