TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 7. TEXAS COMMISSION ON LAW ENFORCEMENT
CHAPTER 223. ENFORCEMENT
37 TAC §223.20The Texas Commission on Law Enforcement (Commission) adopts new 37 Texas Administrative Code §223.20, Emergency Suspension for Imminent Threat, with non-substantive changes to the proposed text as published in the May 22, 2026 issue of the Texas Register (51 TexReg 3541). The rule will be republished.
The adopted new rule conforms with the addition of Texas Occupations Code §1701.5011 made by Senate Bill 1445 (88R). It permits the Commission to suspend for not more than 90 days the license of a person that constitutes an imminent threat to the public health, safety, or welfare. It only applies if a chief administrator is the person that constitutes an imminent threat or if the chief administrator is unable to fulfill their obligation to make a fitness-for-duty determination under 37 Texas Administrative Code §211.29. A non-exclusive list of possible indications of imminent threat is included in the adopted new rule. This addresses an important chief administrator scenario without otherwise diminishing local control.
The public comment period began on May 22, 2026, and ended on June 25, 2026, at the conclusion of the public meeting of the Commission. One public comment was received.
Public Comment No. 1 from the Policing Project at NYU School of Law: Commenter recommends changes to allow the Commission to order the emergency suspension of all peace officers, even when a chief administrator is able to address fitness-for-duty concerns regarding appointed peace officers. Commenter indicates that, even if able, chief administrators may fail to address fitness-for-duty concerns and officer misconduct, possibly for unethical or nefarious reasons. Commenter believes that the rule does not follow the Legislature's direction in Texas Occupations Code §1701.5011 and fails to comply with best practices.
Commenter also recommends broadening the examples of imminent threat listed because the examples narrowly focus on mental health issues. Commenter recommends adding to the list arrests and charges for felonies and certain misdemeanors or commission of "an act that would constitute a felony or misdemeanor which could serve as a basis for license revocation, irrespective of whether the officer has yet been prosecuted."
Commission Response: The Legislature's charge in Texas Occupations Code §1701.5011 to the Commission was to "adopt rules specifying the circumstances under which the commission may issue an emergency order, without a hearing, suspending a person's license for a period not to exceed 90 days after determining that the person constitutes an imminent threat to the public health, safety, or welfare." By the plain language of the statute, the Legislature has given discretion to the Commission to specify the circumstances when an emergency suspension may be issued after determining a licensee constitutes an imminent threat. Noticeably absent are any directives as proposed by Commenter.
Generally, the Commission does not have authority to investigate and discipline a peace officer for administrative misconduct. The Legislature has left this authority to the law enforcement agencies and civil service commissions. Also, Texas Occupations Code §1701.451 provides that the Commission does not have the authority to review disciplinary action taken by a law enforcement agency against a licensee. And the chief administrator has been given the responsibility to decide when to order a fitness-for-duty examination for the agency's licensees. With this in mind, the Commission made a policy decision to not create a backdoor for the regulation of administrative misconduct and fitness-for-duty concerns at the agency level because this aligns with other provisions of Texas Occupations Code Chapter 1701. As such, the Commission is exercising the discretion given by the Legislature to determine when an emergency suspension is appropriate.
Additionally, 37 Texas Administrative Code §223.18 already provides that the Commission may suspend a licensee that has been arrested for or charged with a felony offense which would constitute an immediate peril to the public health, safety, or welfare if the licensee were to remain licensed during the pendency of the criminal proceedings.
The new rule is adopted pursuant to Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.5011, Emergency Suspension. Texas Occupations Code §1701.151 authorizes the Commission to adopt rules for the administration of Occupations Code Chapter 1701 and to establish minimum standards relating to the competence and reliability, including the education, training, physical, and mental standards, for licensing as an officer, county jailer, or telecommunicator. Texas Occupations Code §1701.5011 requires the Commission to adopt rules to specify the circumstances under which the Commission may suspend for not more than 90 days the license of a person who constitutes an imminent threat to the public health, safety, or welfare.
The new rule as adopted affects or implements Texas Occupations Code §1701.151, General Powers of Commission; Rulemaking Authority, and Texas Occupations Code §1701.5011, Emergency Suspension. No other code, article, or statute is affected by this adoption.
§223.20.
(a) Only if a chief administrator is the person who constitutes an imminent threat, or is unable to fulfill their obligation to make a determination under §211.29(g) of this title (relating to Responsibilities of Agency Chief Administrators), then the commission shall determine whether an imminent threat exists.
(b) The commission, through the executive director, may suspend the license of a person who constitutes an imminent threat to the public health, safety, or welfare if the person were to remain licensed.
(c) Indications of imminent threat include evidence that they are currently a danger to themselves or others, such as:
(1) law enforcement intervention documenting an imminent threat;
(2) voluntary admission to an inpatient mental health facility related to homicidal or suicidal ideations;
(3) commitment under Texas Health and Safety Code Chapters 573 or 574; or
(4) adjudicated as a mental defective.
(d) If the commission determines that an imminent threat exists, the commission will issue an order suspending the person's license for no more than 90 days. Not later than the 10th day after the order is issued, the commission will request a hearing with SOAH.
(e) The effective date of this section is September 1, 2026.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 10, 2026.
TRD-202603373
Gregory Stevens
Executive Director
Texas Commission on Law Enforcement
Effective date: September 1, 2026
Proposal publication date: May 22, 2026
For further information, please call: (512) 936-7700
PART 9. TEXAS COMMISSION ON JAIL STANDARDS
CHAPTER 251. GENERAL
37 TAC §251.6The Texas Commission on Jail Standards (TCJS) adopts amendments to §251.6 under Chapter 251 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3862). The rule will not be republished.
The adoption of this rule adds guardianship language to the Complaints section of minimum jail standards.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603492
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
CHAPTER 253. DEFINITIONS
37 TAC §253.1The Texas Commission on Jail Standards (TCJS) adopts amendments to §253.1 under Chapter 253 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3863). The rule will not be republished.
The adoption of this rule adds definitions related to guardianship of a ward and jail operations.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603493
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
CHAPTER 259. NEW CONSTRUCTION RULES
SUBCHAPTER
B.
The Texas Commission on Jail Standards (TCJS) adopts amendments to §259.132 under Chapter 259 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3864). The rule will not be republished.
The adoption of this rule updates standards to be more easily understood.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603500
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
CHAPTER 265. ADMISSION
37 TAC §265.4The Texas Commission on Jail Standards (TCJS) adopts amendments to §265.4 Inmate Files under Chapter 265 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3865). The rule will not be republished.
The adoption of this rule adds guardianship language to the admissions section of minimum jail standards.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603494
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
37 TAC §265.5
The Texas Commission on Jail Standards (TCJS) adopts amendments to §265.5 Health Tags under Chapter 265 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3866). The rule will not be republished.
The adoption of this rule adds guardianship language to the admissions section of minimum jail standards.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603495
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
37 TAC §265.7
The Texas Commission on Jail Standards (TCJS) adopts amendments to §265.7 Telephone Use under Chapter 265 Part 9 of Title 37 of the Texas Administrative Code with changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3866). The rule will be republished.
The adoption of this rule adds guardianship language to the admissions section of minimum jail standards.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
§265.7.
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. For inmates with a Guardian, the jail shall attempt to facilitate communication with the Guardian.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603496
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
CHAPTER 273. HEALTH SERVICES
37 TAC §273.2The Texas Commission on Jail Standards (TCJS) adopts amendments to §273.2 Health Services Plan under Chapter 273 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3868). The rule will not be republished.
The adoption of this rule adds guardianship language to the health services section of minimum jail standards.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603497
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668
37 TAC §273.9
The Texas Commission on Jail Standards (TCJS) adopts new §273.9 Guardianship under Chapter 273 Part 9 of Title 37 of the Texas Administrative Code without changes to the text as proposed in the June 12, 2026, issue of the Texas Register (51 TexReg 3869). The rule will not be republished.
The adoption of this rule adds guardianship guidance and language to the health services section of minimum jail standards.
No comments were received during the public comment period.
Statutory authority to adopt this rule comes from Texas Government Code 511.009.
No further article, statute, or code is affected by this adoption.
The agency certifies that legal counsel has reviewed the adoption and found it to be a valid exercise of the agency's legal authority.
Filed with the Office of the Secretary of State on August 14, 2026.
TRD-202603498
Ricky Armstrong
Executive Director
Texas Commission on Jail Standards
Effective date: September 3, 2026
Proposal publication date: June 12, 2026
For further information, please call: (512) 850-9668