TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 11. TEXAS JUVENILE JUSTICE DEPARTMENT

CHAPTER 342. STANDARDS FOR HOUSING NON-TEXAS JUVENILES IN TEXAS DETENTION AND CORRECTIONAL FACILITIES

The Texas Juvenile Justice Department (TJJD) proposes to amend 37 TAC §342.1, Authority to House Out-of-State Juveniles.

SUMMARY OF CHANGES

Amendments to §342.1 will include changing the phrase juveniles convicted of offenses committed against the laws of another state or the United States to juveniles convicted of offenses committed against the laws of another state of the United States; and changing the current phrases referring to detention and pre-adjudication, while the statute refers to state juvenile inmates convicted of offenses.

FISCAL NOTE

Emily Anderson, Deputy Executive Director: Support Operations and Finance, has determined that, for each year of the first five years the amended section is in effect, there will be no significant fiscal impact for state government or local governments as a result of enforcing or administering the section.

PUBLIC BENEFITS/COSTS

Cameron Taylor, Policy Director, has determined that, for each year of the first five years the amended section is in effect, the public benefit anticipated as a result of administering this section will be to better align policy with statute.

Ms. Anderson has also determined that there will be no effect on small businesses, micro-businesses, or rural communities. There is no anticipated economic cost to persons who are required to comply with the section as proposed. No private real property rights are affected by adoption of the section.

GOVERNMENT GROWTH IMPACT

TJJD has determined that, during the first five years the amended section is in effect, the section will have the following impacts.

(1) The proposed section does not create or eliminate a government program.

(2) The proposed section does not require the creation or elimination of employee positions at TJJD.

(3) The proposed section does not require an increase or decrease in future legislative appropriations to TJJD.

(4) The proposed section does not impact fees paid to TJJD.

(5) The proposed section does not create a new regulation.

(6) The proposed section does not expand, limit, or repeal an existing regulation.

(7) The proposed section does not increase or decrease the number of individuals subject to the section's applicability.

(8) The proposed section will not positively or adversely affect this state's economy.

PUBLIC COMMENTS

Comments on the proposal may be submitted within 30 days after publication of this notice to Texas Juvenile Justice Department, Policy and Standards Section, P.O. Box 12757, Austin, Texas 78711, or via email to policy.proposals@tjjd.texas.gov.

STATUTORY AUTHORITY

The amended section is proposed under §221.053, Human Resources Code, which requires the Board to develop rules, procedures, and minimum standards applicable to county or private correctional facilities housing out-of-state juvenile inmates

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

No other statute, code, or article is affected by this proposal.

§342.1. Authority to House Out-of-State Juveniles.

The only entities other than the state authorized to operate a [pre-adjudication secure detention facility,] post-adjudication secure correctional facility[,] or non-secure correctional facility in this state to house juveniles convicted of offenses committed against the laws of another state of [or] the United States are:

(1) a governmental unit in this state; or

(2) a private vendor operating a [pre-adjudication secure detention facility,] post-adjudication secure correctional facility[,] or non-secure correctional facility under a contract with a governmental unit in this state.

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 8, 2025.

TRD-202504447

Jana Jones

General Counsel

Texas Juvenile Justice Department

Earliest possible date of adoption: January 18, 2026

For further information, please call: (512) 490-7278