TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 151. GENERAL PROVISIONS

The Texas Board of Criminal Justice (board) adopts amendments to §151.51, concerning Custodial Officer Certification and Hazardous Duty Pay Eligibility Guidelines, without changes to the proposed text as published in the May 9, 2025, issue of the Texas Register (50 TexReg 2751). The rule will not be republished. The adopted amendments revise "offender" to "inmate" where appropriate and "rule" to "section" throughout; revise the definition for "Routine Direct Inmate Contact"; add sociologists and interviewers to employees eligible under Hazardous Duty Code 3; replace the deputy executive director with the chief operations officer as the authority to approve adding positions to Hazardous Duty Code 3; add the chief operations officer, chief programs officer, other division directors, and no more than 25 administrative duty officers to employees eligible under Hazardous Duty Code 4 and remove language stating any other positions approved by the deputy executive director; add laboratory technicians assigned to parole offices to employees eligible under Hazardous Duty Code 8; and make grammatical updates.

No public comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §508.001, which defines terms for general provisions regarding parole and mandatory supervision; §615.006, which outlines requirements for the designation of custodial personnel; §811.001, which defines terms for general provisions regarding Employees Retirement System of Texas; §813.506; which establishes guidelines for custodial officer service eligibility; §815.505, which establishes guidelines for the certification of names of law enforcement and custodial officers; and §659.301-.308, which establishes guidelines for hazardous duty pay compensation for state officers and employees.

Cross Reference to Statutes: None.

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 October 20, 2025.

TRD-202503756

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Effective date: November 9, 2025

Proposal publication date: May 9, 2025

For further information, please call: (936) 437-6700

CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION

SUBCHAPTER B. CORRECTIONAL CAPACITY

The Texas Board of Criminal Justice (board) adopts amendments to §152.25, concerning Maximum Rated Capacity of Individual Units, with a change to the proposed text as published in the May 9, 2025, issue of the Texas Register (50 TexReg 2753). The rule will be republished. The adopted amendments update the maximum rated capacity of individual units. The change establishes the maximum rated capacity of the recently purchased Giles W. Dalby Unit as 1,906.

Two public comments were received regarding the amendments.

The first commenter suggests that the expansion of capacity would cause inmates that need protection from threats to be put in danger. The board disagrees. Specific housing assignments, including whether an inmate requires a single cell for security reasons, will continue to be made on an individualized basis. If an inmate who requires a single cell will be impacted by this change in capacity, then that inmate will be reassigned and housed appropriately to ensure security needs continue to be met.

The second commenter suggests that housing two death row inmates in a cell together would create an environment of increased violence and sexual assault. The board disagrees. The Texas Department of Criminal Justice will continue to consider security factors when evaluating classification and placement. Death row inmates will continue to be housed in single cells.

The amendments are adopted under Texas Government Code §492.013, which authorizes the board to adopt rules; §494.001, which establishes the mission of the institutional division; and §499.102-.110, which establishes procedures for determining unit and system capacity.

Cross Reference to Statutes: None.

§152.25. Maximum Rated Capacity of Individual Units.

The Texas Board of Criminal Justice establishes the following maximum rated capacities for existing units.

Figure: 37 TAC §152.25 (.pdf)

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 October 20, 2025.

TRD-202503757

Stephanie Greger

General Counsel

Texas Department of Criminal Justice

Effective date: November 9, 2025

Proposal publication date: May 9, 2025

For further information, please call: (936) 437-6700

PART 13. TEXAS COMMISSION ON FIRE PROTECTION

CHAPTER 421. STANDARDS FOR CERTIFICATION

The Texas Commission on Fire Protection (the Commission) adopts amendments to 37 Texas Administrative Code §421.3, Minimum Standards Set by the Commission; §421.5, Definitions; §421.9, Designation of Fire Protection Duties; §421.11, Requirement To Be Certified Within One Year; §421.13, Individual Certificate Holders; §421.15, Extension of Training Period; and §421.17, Requirement to Maintain Certification.

The amended sections are adopted without changes to the text as published in the August 1, 2025, issue of the Texas Register (50 TexReg 5050) and will not be republished.

Reason for Adoption

The rule amendments are initiated to update language for clarity and consistency, including capitalization of "Commission" and minor corrections to wording throughout the chapter.

Public Comments

No comments were received from the public regarding the adoption of the amendments.

Statutory Authority

The amended sections are adopted under Texas Government Code §419.008, which authorizes the Commission to adopt or amend rules to perform the duties assigned to the Commission. The rules are also adopted under Texas Government Code §419.032, which authorizes the Commission to adopt rules establishing the requirements for fire protection personnel.

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 October 17, 2025.

TRD-202503740

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: November 6, 2025

Proposal publication date: August 1, 2025

For further information, please call: (512) 936-3812

CHAPTER 425. FIRE SERVICE INSTRUCTORS

The Texas Commission on Fire Protection (the Commission) adopts amendments to 37 Texas Administrative Code §425.1, Minimum Standards for Fire Service Instructor Certification; §425.3, Minimum Standards for Fire Service Instructor I Certification; §425.5, Minimum Standards for Fire Service Instructor II Certification; §425.7, Minimum Standards for Fire Service Instructor III Certification; §425.9, Minimum Standards for Master Fire Service Instructor III Certification; and §425.11, International Fire Service Accreditation Congress (IFSAC) Seal. The amended sections are adopted without changes to the text as published in the August 1, 2025, issue of the Texas Register (50 TexReg 5059). The rule will not be republished. Reason for Adoption The amendments implement grammatical and editorial updates for clarity and consistency, including capitalization of "Commission," standardizing "Commission-approved," and related cleanups across Chapter 425.

Public Comments

No comments were received from the public regarding adoption of these amendments.

Statutory Authority

These amendments are adopted under Texas Government Code §419.008 and §419.032.

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 October 17, 2025.

TRD-202503741

Mike Wisko

Agency Chief

Texas Commission on Fire Protection

Effective date: November 6, 2025

Proposal publication date: August 1, 2025

For further information, please call: (512) 936-3812