TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 251. GENERAL

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §251.6 Complaints related to inmate complaints in county jail. The proposed rule adds language to 37 TAC §251.6 Complaints requiring that county jails provide an inmate handbook to the Guardian of an inmate under guardianship. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§251.6. Complaints.

(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. Upon receipt of the Order Appointing Guardian, a Guardian shall be given an inmate handbook. The jail staff shall document in the inmate file the acceptance ore refusal of the handbook by the Guardian.

(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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602166

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 253. DEFINITIONS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §253.1 Definitions related to minimum jail standards. The proposed rule adds language to 37 TAC §253.1 that defines terms related to guardianship. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§253.1. Definitions.

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.

(18) [(14)] Existing Facility--A maximum security, lockup, or minimum security facility that was being operated as such on December 23, 1976.

(19) [(15)] Jailer Station--A designated space from which a jailer performs his/her functions.

(20) [(16)] High Risk--High-risk cells consist of areas where observation of 30 minutes or less is required.

(21) [(17)] Holding Cell--A cell designed for the temporary holding of inmates not to exceed 48 hours.

(22) [(18)] Inmate Housing Area--Cells and day rooms where inmates are assigned.

(23) [(19)] Inmate Occupied Area--Any area in the facility normally occupied by inmates.

(24) [(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).

(25) [(21)] May--Permissive or optional.

(26) [(22)] Multiple Occupancy Cell--A cell designed to accommodate two to eight inmates.

(27) [(23)] Owner--A county commissioner's court, municipality, or private vendor who holds title to a facility.

(28) [(24)] Safety Vestibule--An enclosed space, served by at least two doors, that serves as a passageway between two areas.

(29) [(25)] Sally Port--A secured space inside or abutting a facility for vehicles to deliver or pick up inmates or goods.

(30) [(26)] Security Perimeter--The outer limits of the facility where construction prevents egress by inmates or ingress by unauthorized persons or contraband.

(31) [(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.

(32) [(28)] Shall--Mandatory and required for compliance.

(33) [(29)] Sheriff/Operator--County sheriff, jail administrator, or a person authorized to act with their authority.

(34) [(30)] Should--Recommended but not required for compliance.

(35) [(31)] Single Cell--A cell designed to accommodate 1 inmate. The cell minimally contains 1 bunk, toilet, lavatory, table and seat.

(36) [(32)] Small Jail--A facility with a capacity of less than 50 inmates.

(37) [(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.

(38) [(34)] System--A combination of all facilities creating a functional unit.

(39) [(35)] Violent Cell--A single occupancy padded cell for the temporary holding of inmates harmful to themselves and or others.

(40) [(36)] Ward--An infirmary area holding a number of inmates.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602167

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 259. NEW CONSTRUCTION RULES

SUBCHAPTER B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §259.132 Exercise Areas regarding construction standards in county jails. The proposed rule adds language to 37 TAC §259.132 Exercise Areas to be clearer. This language is proposed following a recommendation by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be ensured compliance with new construction standards. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There are no additional costs incurred by those regulated by this rule because this rule is already in effect in other parts of TAC.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§259.132. Exercise Areas.

One or more secure exercise areas shall be provided. Where outdoor exercise areas are provided, alternate areas shall be available for use during inclement weather, and they should be covered with a security enclosure. Where outdoor exercise areas are not provided, facility design shall ensure access to sunlight. A toilet and drinking fountain shall be readily available. Exercise areas shall meet minimum size requirements: facilities under 100 inmates, 800 square feet; larger facilities, 15 square feet per inmate, but not less than 1,000 square feet per area; multiple-inmate segregation areas, 15 square feet per inmate, but not less than 500 square feet per area; and single-inmate segregation areas, 200 square feet. Each direct supervision housing area shall have an exercise area nearby, which should be adjacent to the housing area. [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.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 27, 2026.

TRD-202602201

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 265. ADMISSION

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §265.4 Inmate Files related to information retained in inmate files at county jails. The proposed rule adds language to 37 Texas Administrative Code §265.4 that requires certain actions and documents to be retained during intake for those affected by a guardianship. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rule’s applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§265.4. Inmate Files.

(a) Upon intake, a file on each inmate shall be established. The file shall include:

(2) [(1)] name of inmate with aliases;

(3) [(2)] description;

(4) [(3)] gender;

(5) [(4)] marital status;

(6) [(5)] address;

(7) [(6)] date of birth;

(8) [(7)] offense charged;

(9) [(8)] date of commitment;

(10) [(9)] previous criminal record;

(11) [(10)] record of injuries;

(12) [(11)] inmate property inventory;

(13) [(12)] disabilities warranting special accessibility consideration;

(14) [(13)] name, address, and phone number of person to be contacted in event of emergency;

(15) [(14)] the name of the delivering officer, and the arresting agency;

(16) [(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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602168

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §265.5 Health Tags related to medical and health documentation at county jails. The proposed rule adds language to 37 TAC §265.5 that requires certain documentation regarding health tags and inmates affected by guardianship. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§265.5. Health Tags.

"Health tags" which may identify the inmate as having special medical or mental health needs, or a Guardian, shall be noted in the inmate's medical record and brought to the attention of health personnel and/or the supervisor on duty in writing.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602169

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §265.7 Telephone Use related to the use of telephones in county jail by inmates affected by guardianship. The proposed rule adds language to 37 TAC §265.7 that requires the county jail to attempt to facilitate communication between a ward and their guardian. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There will not be an effect on small businesses. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state's economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§265.7. Telephone Use.

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 communication with the Guardian.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602170

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 267. RELEASE

The Texas Commission on Jail Standards (TCJS) proposes a new rule, §267.7 Release of Ward related to the release of someone under guardianship from a county jail. The proposed rule adds language to 37 TAC Chapter 267 as §267.7, that specifies the steps required to take when releasing a ward of a guardian from county jail. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this new rule, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this new rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed new rule.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This new rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602171

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 273. HEALTH SERVICES

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §273.2 Health Services Plan related to inmates under guardianship. The proposed rule adds language to 37 TAC §273.2 requiring a county jail to include provisions in their health services plan for inmates with a guardian with medical decision-making authority. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§273.2. Health Services Plan.

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 laborand; [.]

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602172

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

The Texas Commission on Jail Standards (TCJS) proposes a new rule, §273.9 Guardianship related to jail operations regarding an inmate under guardianship. The proposed rule adds language to 37 Texas Administrative Code 273 as §273.9 specifying steps a county jail must take regarding guardianships. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be improved jail operations for those affected by a guardianship. There will not be an effect on small businesses, microbusinesses, rural communities, and/or individuals. There is no anticipated economic cost to persons who are required to comply with the proposed amendment.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rule's applicability. The rule does not affect the state's economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This new rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule does not affect other rules or statutes.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 26, 2026.

TRD-202602174

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

CHAPTER 281. FOOD SERVICE

The Texas Commission on Jail Standards (TCJS) proposes an amendment to §281.5 Staff Supervision regarding the requirement that food be prepared under the supervision of a food protection manager in county jails. The proposed rule adds language to 37 TAC §281.5 Staff Supervision that matches 25 TAC §228.31 Certified Food Protection Manager and Food Handler Requirements. This language is proposed following a recommendation by the TCJS Intellectual or Developmental Disability Advisory Committee (IDDAC), which was then evaluated by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There is no expected impact on costs or revenue to state and local governments, and there is no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be ensured compliance with retail food establishment administrative rules. There will not be an effect on small businesses, microbusinesses, rural communities or persons. There are no additional costs incurred by those regulated by this rule because this rule is already in effect in other parts of TAC.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect will not create or eliminate a government program or existing employee positions. The rule will not increase or decrease the future legislative appropriations for the agency, or fees paid to the agency. The rule updates TAC to match other rules. The rule does not increase or decrease the number of individuals subject to the rule. The rule does not affect the state’s economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§281.5. Staff Supervision.

Food shall be prepared under the supervision of a staff member or contract employee who possesses a food protection manager during all hours of operations in accordance with 25 Texas Administrative Code (TAC) §228.31(b) [handler license in accordance with 25 Texas Administrative Code (TAC) §228.31(d)] with a copy available for review. All food employees, except for the certified food protection manager, shall successfully complete an accredited food handler training course within 30 days of employment in accordance with 25 TAC §228.31(c). 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 27, 2026.

TRD-202602200

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 850-9668

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

The Texas Forensic Science Commission (Commission) proposes an amendment to §651.207, 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, to reduce the amount of work experience required for a firearms/toolmarks analyst or technician to obtain a waiver of certain minimum education or specific coursework requirements for licensure. This amendment reflects feedback from firearms/toolmarks forensic practitioners and laboratory managers in Texas, who indicate that three years of relevant training and experience is sufficient to address any gaps in formal education or coursework and to ensure that applicants possess the necessary knowledge to qualify for licensure as a firearms/toolmarks analyst or technician.

Reasoned Justification for Rule. This amendment is necessary to ensure that the Commission's licensing requirements accurately reflect current training practices and workforce realities within the firearms/toolmarks discipline. The Commission received feedback from firearms/toolmarks forensic practitioners and laboratory managers indicating that three years of relevant training and experience in an accredited laboratory is sufficient to address any gaps in formal education or specific coursework and to ensure competency in the discipline. These stakeholders explained that firearms/toolmarks training programs are comprehensive, highly specialized, and closely supervised, enabling individuals to acquire the necessary knowledge and skills within a three-year period. Reducing the required years of experience in this limited context maintains public safety and professional standards while promoting consistency, fairness, and efficiency in the licensing process. The proposed amendment allows the Commission to continue ensuring that licensed firearms/toolmarks analysts and technicians are qualified and competent, while recognizing equivalent, discipline-specific experience that adequately substitutes for formal education and specific college courses.

Fiscal Note. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that for each year of the first five years the proposed amendments are in effect, there will be no fiscal impact on state or local governments, as a result of the administration of the proposal.

Local Employment Impact Statement. Pursuant to Texas Government Code §2001.022, the proposed amendments have minimal to no effect on local economy.

Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the amendments are in effect, the anticipated public benefit is assurance that the Commission's licensing requirements accurately reflect current training practices and workforce realities within the firearms/toolmarks discipline.

Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities, as a result of implementing the proposed amendments. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendments will not have a government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code §2001.221(b) the proposed amendments: (1) do not create a government program; (2) do not create new employee positions; (3) do not increase or decrease future legislative appropriations to OCA or the Commission; (4) do not require a fee; (5) do not create a new regulation; (6) do not expand, limit, or repeal an existing regulation; (7) do not increase or decrease the number of individuals subject to regulation; and (8) have minimal to no effect on the State's economy.

Environmental Rule Analysis. The Commission has determined that the proposed amendments are not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed amendments are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by July 13, 2026 to be considered by the Commission.

Statutory Authority. The rules are proposed under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to establish the qualifications for a forensic analyst license under §4-a(d).

Cross reference to statute. The proposal affects Texas Administrative Code §651.207.

§651.207. 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.

(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 three or more years of credible experience in an accredited laboratory in the firearms/toolmarks discipline and is applying for a firearms/toolmarks analyst or technician license; 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2026.

TRD-202602228

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 784-0037

SUBCHAPTER D. PROCEDURE FOR PROCESSING COMPLAINTS AND LABORATORY SELF-DISCLOSURES

The Texas Forensic Science Commission (Commission) proposes an amendment to §651.307, Investigative Panels, to change the section title from "Investigative Panels" to "Investigative Procedures" to more accurately reflect that investigations may be conducted by either an investigative panel or Commission staff.

Reasoned Justification for Rule. The Commission proposes an amendment to §651.307 to change the section title from "Investigative Panels" to "Investigative Procedures." The amendment is necessary to accurately reflect the scope of investigative authority provided in the rule, which permits the Commission to conduct investigations either through the appointment of an investigative panel or by directing Commission staff to conduct an investigation. The current section title is confusing because it suggests that investigations may only be conducted by investigative panels. Renaming the section improves clarity and consistency within the rules and ensures the title accurately reflects existing investigative practices authorized by the Commission.

Fiscal Note. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that for each year of the first five years the proposed amendments are in effect, there will be no fiscal impact on state or local governments, as a result of the administration of the proposal.

Local Employment Impact Statement. Pursuant to Texas Government Code §2001.022, the proposed amendments have minimal to no effect on local economy.

Public Benefit. Ms. Tomlin has also determined that for each year of the first five years the amendments are in effect, the anticipated public benefit is improved clarity and consistency within the rules and assurance that the title and text of the rule accurately reflect existing investigative practices authorized by the Commission.

Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities, as a result of implementing the proposed amendments. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendments will not have a government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code § 2001.221(b) the proposed amendments: (1) do not create a government program; (2) do not create new employee positions; (3) do not increase or decrease future legislative appropriations to OCA or the Commission; (4) do not require a fee; (5) do not create a new regulation; (6) do not expand, limit, or repeal an existing regulation; (7) do not increase or decrease the number of individuals subject to regulation; and (8) have minimal to no effect on the State's economy.

Environmental Rule Analysis. The Commission has determined that the proposed amendments are not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed amendments are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by July 13, 2026 to be considered by the Commission.

Statutory Authority. The rule is proposed under the Commission's general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 § 3-a and its authority to investigate and regulate crime laboratories and forensic analysts under Article 38.01 §§ 4, 4-a, and 4-d.

Cross reference to statute. The proposal affects Texas Administrative Code §651.307.

§651.307. Investigative Procedures [Panels].

(a) Investigative 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.

The agency certifies that legal counsel has reviewed the proposal and found it to be within the state agency's legal authority to adopt.

Filed with the Office of the Secretary of State on May 28, 2026.

TRD-202602229

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: July 12, 2026

For further information, please call: (512) 936-0661