TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 16. TEXAS CIVIL COMMITMENT OFFICE

CHAPTER 810. CIVIL COMMITMENT

SUBCHAPTER A. CIVIL COMMITMENT GENERAL PROVISIONS

37 TAC §810.122

The Texas Civil Commitment Office proposes amendments to the Texas Administrative Code, Title 37, Part 16, Chapter 810, Subchapter A, §810.122. A review of agency rules was conducted pursuant to Texas Government Code §2001.039 and notice of the rule review was posted in the October 10, 2025 issue of the Texas Register (50 TexReg 6691). No public comment was received. The amendments are proposed to reflect the statutory changes created by Texas Government Code, §2001.227, passed during the 88th Legislative Session, which exempts from the administrative rulemaking procedure any rule or internal procedure of TCCO that applies to a person who is civilly committed as a sexually violent predator under Chapter 841 of the Texas Health and Safety Code.

Hayley Glisson, Staff Attorney, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Hayley Glisson, Staff Attorney, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarity related to the rules applying to individuals civilly committed pursuant to Texas Health and Safety Code Chapter 841. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed amendment may be submitted to Hayley Glisson, Staff Attorney for TCCO, 4616 West Howard Lane, Building 2, Suite 350, Austin, Texas 78728, or via email at publiccomment@tcco.texas.gov. Comments will be accepted for 30 days following publication of this notice in the Texas Register.

The rule amendment is proposed under the general rulemaking authority provided in Texas Health and Safety Code Section 841.141.

The statutory provisions affected by the proposal are contained in the Texas Administrative Code, Title 37, Part 16, Chapter 810.

§810.122. Definitions.

The following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.

(1) Act--Health and Safety Code Chapter 841, Civil Commitment of Sexually Violent Predators.

[(2) Case Management Team--All professionals involved in the assessment, treatment, supervision, monitoring, residential housing of the client, or other approved professionals. The case manager assigned by the office shall act as the chairperson of the team.]

[(3) Chemical Restraints--Chemical agents or inflammatory agents such as Oleoresin Capsicum (OC) or Orthochlorobenzalmalononitrile (CS) spray, that are designed to temporarily immobilize or incapacitate through temporary discomfort caused by the chemical action.]

[(4) Clinical Examiner--A person or persons employed by or under contract with the office to conduct a biennial examination to assess any change in the behavioral abnormality for a person committed under the Act, §841.081.]

[(5) Income--]

[(A) or the purpose of recovery of costs under §841.084 of the Act, income includes but is not limited to:]

[(i) money received from employment, to include wages, salaries, tips and other taxable employee pay;]

[(ii) disability benefits;]

[(iii) net earnings from self-employment;]

[(iv) net gain from the sale of property purchased while under civil commitment;]

[(v) net income from rental property or an ownership in an on-going business;(vi) interest or dividend income; retirement income;]

[(vii) social security income;]

[(viii) unemployment benefits;]

[(ix) proceeds from lottery winnings; and]

[(x) gifts of cash.]

[(B) The following are excluded from Income:]

[(i) funds or property received from a judgment;]

[(ii) an inheritance;]

[(iii) funds or property received from a divorce decree;]

[(iv) insurance proceeds;]

[(v) transfers of funds from a spouse which shall not exceed $100.00 monthly; or]

[(vi) proceeds from the sale of property acquired prior to being civilly committed.]

[(6) Indigent--For the purpose of recovery of costs under § 841.084 of the Act, a sexually violent predator is considered to be indigent if the sexually violent predator does not have any income.]

[(7) Mechanical Restraints--Items such as handcuffs, cuff protectors, plastic cuffs (disposable type), leg irons, belly chains etc. and are designed to immobilize or incapacitate a client.]

[(8) Multidisciplinary Team (MDT)--Members of the Texas Civil Commitment Office (two), a licensed sex offender treatment provider from the Council on Sex Offender Treatment (one), Texas Department of Criminal Justice Rehabilitation Programs Division - sex offender rehabilitation program (one), Texas Department of Criminal Justice - Victim Service Division (one), a licensed peace officer employed by the Texas Department of Public Safety with at least five years' experience working for that department or the officer's designee (one), and a mental health professional from the Texas Department of State Health Services (one). The team assesses whether a person is a repeat sexually violent offender and whether the person is likely to commit a sexually violent offense after release; gives notice of its findings to the Texas Department of Criminal Justice; and recommends that the person be assessed for a behavioral abnormality.]

(2) [(9)] Office--The Texas Civil Commitment Office (TCCO) including the Governing Board (Government Code Chapter 420A).

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 December 1, 2025.

TRD-202504390

Hayley Glisson

Staff Attorney

Texas Civil Commitment Office

Earliest possible date of adoption: January 11, 2026

For further information, please call: (512) 341-4421

SUBCHAPTER B. CIVIL COMMITMENT

37 TAC §810.153

The Texas Civil Commitment Office proposes amendments to the Texas Administrative Code, Title 37, Part 16, Chapter 810, Subchapter B, §810.153. A review of agency rules was conducted pursuant to Texas Government Code §2001.039 and notice of the rule review was posted in the October 10, 2025 issue of the Texas Register (50 TexReg 6691). No public comment was received. The amendments are proposed to reflect the statutory changes created by Texas Government Code, §2001.227, passed during the 88th Legislative Session, which exempts from the administrative rulemaking procedure any rule or internal procedure of TCCO that applies to a person who is civilly committed as a sexually violent predator under Chapter 841 of the Texas Health and Safety Code.

Hayley Glisson, Staff Attorney, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Hayley Glisson, Staff Attorney, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarity related to the rules applying to individuals civilly committed pursuant to Texas Health and Safety Code Chapter 841. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed amendment may be submitted to Hayley Glisson, Staff Attorney for TCCO, 4616 West Howard Lane, Building 2, Suite 350, Austin, Texas 78728, or via email at publiccomment@tcco.texas.gov. Comments will be accepted for 30 days following publication of this notice in the Texas Register.

The rule amendment is proposed under the general rulemaking authority provided in Texas Health and Safety Code Section 841.141.

The statutory provisions affected by the proposal are contained in the Texas Administrative Code, Title 37, Part 16, Chapter 810.

§810.153. Tiered Treatment and Supervision Program.

The office shall determine the conditions of supervision and treatment for persons committed under this chapter.

[(1) The office shall develop a tiered program policy for the supervision and treatment of a committed person. The tiered program shall provide for the seamless transition of a committed person from a total confinement facility to less restrictive housing and supervision and eventually release based on the person's behavior and progress in treatment.]

[(2) The policy regarding the movement of committed persons between programming tiers shall be in accordance with Chapter 841 of the Texas Health and Safety Code. The office shall take into account the committed person's individual treatment plan and behavior in movement through programming tiers. A committed person shall be required to meet the tasks and targets of the person's current programming tier and demonstrate that the person has internalized the concepts of the current programming tier prior to movement to the next programming tier. A committed person who demonstrates a regression in treatment or behavior may be reduced in tier levels.]

[(3)] The office shall enter into appropriate contracts or memoranda of understanding for the provision of any necessary supervised housing and other related services and may enter into appropriate contracts for medical and mental health services and sex offender treatment.

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 December 3, 2025.

TRD-202504413

Hayley Glisson

Staff Attorney

Texas Civil Commitment Office

Earliest possible date of adoption: January 11, 2026

For further information, please call: (512) 431-4421

37 TAC §§810.154 - 810.156

The Texas Civil Commitment Office proposes repeal of the Texas Administrative Code, Title 37, Part 16, Chapter 810, Subchapter B, §§810.154 - 810.156. A review of agency rules was conducted pursuant to Texas Government Code §2001.039 and notice of the rule review was posted in the October 10, 2025 issue. No public comment was received. The repeals are proposed to reflect the statutory changes created by Texas Government Code, §2001.227, passed during the 88th Legislative Session, which exempts from the administrative rulemaking procedure any rule or internal procedure of TCCO that applies to a person who is civilly committed as a sexually violent predator under Chapter 841 of the Texas Health and Safety Code.

Hayley Glisson, Staff Attorney, has determined that for each of the first five years the sections are in effect there would be no fiscal implications for state or local governments as a result of enforcing or administering the rules. There are no estimated reductions in costs to the state and to local governments as a result of enforcing or administering the rule. There are no estimated losses or increases in revenue to the state or to local governments as a result of enforcing or administering the rule.

There is no impact on small businesses, micro businesses, and rural communities. There is no anticipated impact on local employment.

Hayley Glisson, Staff Attorney, has also determined that for each year of the first five years the section is in effect, the public benefit anticipated as a result of administering the section will be clarity related to the rules applying to individuals civilly committed pursuant to Texas Health and Safety Code Chapter 841. There are no anticipated economic costs to persons who are required to comply with the sections as proposed.

Government Growth Impact Statement

(1) the rules will not create or eliminate a government program;

(2) implementation of the rules will not require the creation or elimination of employee positions;

(3) implementation of the rules will not require an increase or decrease in future legislative appropriations to the agency;

(4) the rules will not require an increase or decrease in fees paid to the agency;

(5) the rules will not create a new rule;

(6) the rules will not limit an existing rule;

(7) the rules will not change the number of individuals subject to the rule; and

(8) the rules will not affect this state's economy.

Comments on the proposed repeals may be submitted to Hayley Glisson, Staff Attorney for TCCO, 4616 West Howard Lane, Building 2, Suite 350, Austin, Texas 78728, or via email at publiccomment@tcco.texas.gov. Comments will be accepted for 30 days following publication of this notice in the Texas Register.

The rule repeals are proposed under the general rulemaking authority provided in Texas Health and Safety Code Section 841.141.

The statutory provisions affected by the proposal are contained in the Texas Administrative Code, Title 37, Part 16, Chapter 810.

§810.154. Emergency Detention Orders.

§810.155. Mechanical and Chemical Restraints.

§810.156. Sexually Violent Predators Required to Submit to Global Positioning Satellite (GPS Tracking).

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 December 1, 2025.

TRD-202504391

Hayley Glisson

Staff Attorney

Texas Civil Commitment Office

Earliest possible date of adoption: January 11, 2026

For further information, please call: (512) 341-4421