TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 148. SEX OFFENDER CONDITIONS OF PAROLE OR MANDATORY SUPERVISION

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 148, §§148.41 - 148.43, 148.45, 148.48, and 148.50 - 148.55, concerning sex offender conditions of parole or mandatory supervision. The rules are adopted without changes to the proposed text as published in the January 24, 2025, issue of the Texas Register (50 TexReg 527). The text of the rules will not be republished.

The amendments are adopted to provide edits for uniformity and consistency throughout the rules; and to clarify Board requirements concerning ex parte consultations and witnesses in the sex offender conditions hearing process.

No public comments were received regarding adoption of these amendments.

The amended rules are adopted pursuant to §§508.036(b), 508.0441, 508.045, and 508.228, Government Code. Section 508.036(b) authorizes the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441 authorizes the board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to parole or mandatory supervision and to act on matters of release to parole or mandatory supervision. Section 508.045 authorizes a parole panel to grant or deny parole, revoke parole or mandatory supervision, and conduct revocation hearings. Section 508.228 authorizes a parole panel to impose sex offender conditions after a hearing for offenses where a sex offense occurred during the commission of the offense.

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 April 25, 2025.

TRD-202501368

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 15, 2025

Proposal publication date: January 24, 2025

For further information, please call: (512) 406-5388

CHAPTER 150. MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS

SUBCHAPTER A. PUBLISHED POLICIES OF THE BOARD

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 150, Memorandum of Understanding and Board Policy Statements. The amendments are adopted without change to the proposed text as published in the January 24, 2025, edition of the Texas Register (50 TexReg 530). The amendments are adopted to address grammatical changes and sentence structure for uniformity and consistency throughout the rules. The text of the rules will not be republished.

No public comments were received regarding adoption of these amendments.

The amended rules are adopted under Texas Government Code, Title 5. Open Government, Subtitle B, Ethics, Chapter 572 and Section 508.0441. Subtitle B, Ethics, Chapter 572, is the ethics policy of this state for state officers or state employees. Section 508.0441 requires the Board to implement a policy under which a Board member or Parole Commissioner should disqualify himself or herself on parole or mandatory supervision decisions. Section 508.035, Government Code, designates the presiding officer to establish policies and procedures to further the efficient administration of the business of the board.

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 April 25, 2025.

TRD-202501369

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 15, 2025

Proposal publication date: January 24, 2025

For further information, please call: (512) 406-5388

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) adopts, without changes to the text as proposed in the February 28, 2025, issue of the Texas Register (50 TexReg 1651), amendments to 37 Texas Administrative Code Chapter §651.222, Voluntary Licensure Forensic Analyst and Technician Licensing Requirements, to qualify all versions of the Texas Commission on Law Enforcement (TCOLE) Course Number 2106 Intermediate Crime Scene revised or established prior to or after 2019, as long as the course is taught by a TCOLE-certified instructor or subject matter expert approved by the Commission. The rule changes also correct the title of the section to Voluntary Forensic Analyst and Technician Licensing Requirements.

Background and Justification. The adopted amendments qualify crime scene applicants who took the TCOLE 2106 course before 2019 for voluntary licensure by the Commission. Under the current rules, only the 2019 or later courses fulfill this requirement.

Public Comment. Pursuant to § 2001.029 of the Texas Government Code, the Commission gave all interested persons a reasonable opportunity to provide oral and/or written comments concerning the adoption of the rules. The public comment period began on May 1, 2025, and ended on April 1, 2025. The Commission did not receive any comments.

Statutory Authority. The rule amendments are proposed under the general rulemaking authority provided in Code of Criminal Procedure, Article 38.01 §3-a and its authority to license forensic analysts under §4-a(b).

Cross reference to statute. The proposal affects Tex. Code Crim. Proc. art. 38.01.

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 April 22, 2025.

TRD-202501301

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Effective date: May 12, 2025

Proposal publication date: February 28, 2025

For further information, please call: (512) 936-0770