TITLE 37. PUBLIC SAFETY AND CORRECTIONS
PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE
CHAPTER 151. GENERAL PROVISIONS
37 TAC §151.58The Texas Board of Criminal Justice (board) proposes new rule §151.58, concerning Legislative Leave Pool. The purpose of the new rule is to establish a legislative leave pool in compliance with HB 1828, 89th Leg., R.S.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for each year of the first five years the proposed rule will be in effect, enforcing or administering the proposed rule will not have foreseeable implications related to costs or revenues for state or local government because the proposed rule will be administered using existing staffing and processes.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rule because the proposed rule does not require compliance by any persons. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of enforcing the proposed rule, will be to provide TDCJ employees with paid leave for legislative purposes on behalf of an association. No cost will be imposed on regulated persons.
The proposed rule will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed rule will not constitute a taking.
Comments and information such as applicable data, research, or analysis related to the cost, benefit, or effect of the proposed amendments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments and informational submissions from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The new rule is proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; and §493.0075, which establishes the donation of accrued compensatory time or accrued annual leave for legislative purposes for TDCJ employees.
Cross Reference to Statutes: None.
§151.58.
(a) Definitions. "Legislative Leave Pool Administrator" is the Human Resources Division director or designee.
(b) Procedures.
(1) All contributions to the Texas Department of Criminal Justice (TDCJ) legislative leave pool are voluntary. A correctional employee within the Correctional Career Path series may voluntarily transfer up to eight hours of compensatory time or vacation leave per year earned by the correctional employee to the legislative leave pool.
(2) A correctional employee may use time contributed to the legislative leave pool if the correctional employee uses the time for legislative leave on behalf of an association:
(A) related to the correctional officer's employment with the TDCJ;
(B) that has at least 5,000 active or retired members; and
(C) that is governed by a board of directors.
(3) A correctional employee may only withdraw time from the legislative leave pool in coordination with and with the consent of the president or designee of the association described in subsection (2) of this section. A correctional employee may not withdraw more than:
(A) 80 hours from the pool in a 160-hour work cycle; or
(B) 480 hours from the pool in a fiscal year.
(4) Correctional employees who contribute accrued compensatory or vacation leave hours to the TDCJ legislative leave pool may not:
(A) designate the contributed hours for use by a specific employee; or
(B) retract the decision to contribute once processed.
(5) The legislative leave pool administrator shall determine the amount of time that a correctional employee may withdraw from the legislative leave pool.
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 October 20, 2025.
TRD-202503751
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: November 30, 2025
For further information, please call: (936) 437-6700
CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION
SUBCHAPTER
A.
The Texas Board of Criminal Justice (board) proposes amendments to §152.3, concerning Admissions. The proposed amendments add language to include the verification process of a county's request for reimbursement; remove requirements mandated by §152.5, "Designation of State Jail Regions," which is proposed for repeal; and make grammatical and formatting updates.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.
The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.
Comments and information such as applicable data, research, or analysis related to the cost, benefit, or effect of the proposed amendments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments and informational submissions from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code §492.013, which authorizes the board to adopt rules; §499.1215, which establishes guidelines for compensation to counties for inmates awaiting transfer to the TDCJ; and §507.024, which addresses the safe transfer of defendants from counties to state jail felony facilities.
Cross Reference to Statutes: None.
§152.3.
(a) Counties will send commitment papers on inmates sentenced to the Texas Department of Criminal Justice (TDCJ) to the TDCJ Classification and Records Office (CRO) immediately following completion of the commitment papers. Those counties equipped to do so may send paperwork electronically.
(b) The TDCJ shall accept inmates sentenced to prison within 45 days of the date the commitment papers are certified by the CRO. If TDCJ does not take custody of an inmate within 45 days after the commitment papers are certified, TDCJ shall reimburse the county for each day of confinement within the county over 45 days at the most recent systemwide cost per day published by the Legislative Budget Board on the date the CRO receives and verifies the county's request for reimbursement.
(c) No later than the fifth business day after the date the CRO receives commitment papers from the county, the CRO shall:
(1) review and certify the commitment papers if the CRO determines there are no errors or deficiencies requiring corrective action by the county; or
(2) notify the county that the CRO has determined the commitment papers require corrective action by the county and identify the errors needing correction.
(d) Inmates shall be scheduled for admission based on:
(1) their length of confinement in relation to the 45 days from the date the commitment papers are certified; and
(2) transportation routes.
(e) Counties will inform the TDCJ State Ready Office when inmates for whom commitment papers have been sent are transferred to another facility by bench warrants.
(f) The TDCJ shall notify counties via electronic transmission, such as facsimile or email when applicable, of inmates scheduled for intake, the date of intake, the respective reception unit, and transportation arrangements. Inmates shall be sorted by name and State Identification (SID) number, as identified by the court judgment.
(g) Counties will notify the TDCJ admissions coordinator of any inmates who are not available for transfer and the reason they are not available for transfer.
(h) Counties may identify inmates with medical or security issues that may be scheduled for intake out of sequence on a case-by-case basis by contacting the TDCJ admissions coordinator.
(i)
After the receipt of an order by a judge for admission of an inmate to a state jail, the placement determination shall be made by the TDCJ Admissions Office. [Placement shall be made in the state jail designated as serving the county in which the inmate resides unless:]
[(1) the inmate has no residence or was a resident of another state at the time of committing an offense;]
[(2) alternative placement would protect the life or safety of any person;]
[(3) alternative placement would increase the likelihood of the inmate's successful completion of confinement or supervision;]
[(4) alternative placement is necessary to efficiently use available state jail capacity, including alternative placement because of gender; or]
[(5) alternative placement is necessary to provide medical or psychiatric care to the inmate.]
[(j) If the inmate is described by subsection (h)(1) of this rule, placement shall be made in the state jail designated as serving the county in which the offense was committed, unless a circumstance in subsection (i)(2)- (5) of this rule applies.]
[(k) The TDCJ Admissions Office shall attempt to have placement determinations made at a regional level that may include one or more regions as designated in 37 Texas Administrative Code § 152.5 relating to the designation of state jail regions.]
(j) [(l)] If a county believes reimbursement is due, the county shall complete and submit the authorized form to the CRO. Upon receipt of the authorized form, TDCJ shall:
(1) review each request for reimbursement received from a county;
(2) verify:
(A) the certification date for all documents required to be submitted under Article 42.09, Code of Criminal Procedure; and
(B) the date the inmate was received into TDCJ custody; and
(3) process all required payments for reimbursement in accordance with the Prompt Payment Act or notify the county and explain why no reimbursement is required.
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 October 20, 2025.
TRD-202503750
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: November 30, 2025
For further information, please call: (936) 437-6700
37 TAC §152.5
The Texas Board of Criminal Justice (board) files this notice of intent to repeal 37 Texas Administrative Code, Part 6 §152.5, concerning Designation of State Jail Regions. The repeal eliminates a rule whose governing statutes, Government Code §§507.003-.004 were repealed by SB 2405, 89th Regular Legislative Session. The proposed repeal has been reviewed by legal counsel and found to be within the board's authority to repeal.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice, has determined that for each year of the first five years the repeal will be in effect, the rule will not have foreseeable implications related to costs or revenues for state or local government.
Mr. Steffa has also determined that for each year of the first five-year period the repeal will be in effect, there will not be an economic impact on persons as a result of the repeal. There will not be an adverse economic impact on small or micro businesses or on rural communities as a result of the repeal. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of the repeal, will be to eliminate a rule whose governing statute has been repealed. No cost will be imposed on regulated persons.
The repeal will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The repeal will not constitute a taking.
Comments and information such as applicable data, research, or analysis related to the cost, benefit, or effect of the proposed amendments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments and informational submissions from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The repeal is proposed under Texas Government Code §492.013, which authorizes the board to adopt rules as necessary for its own procedures and for operation of the department and the independent reporting entities.
Cross Reference to Statutes: None.
§152.5.
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 October 20, 2025.
TRD-202503758
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: November 30, 2025
For further information, please call: (936) 437-6700
CHAPTER 159. SPECIAL PROGRAMS
37 TAC §159.19The Texas Board of Criminal Justice (board) proposes amendments to §159.19, concerning Continuity of Care and Services Program for Offenders who are Elderly, Terminally Ill, Significantly Ill or with a Physical Disability or Having a Mental Illness. The proposed amendments add the Texas Workforce Commission to the Memorandum of Understanding; revise "mental illness" to "mental impairment" and "terminally ill" to "terminal illness" throughout, including the title; and make other edits and grammatical updates for clarity.
Ron Steffa, Chief Financial Officer for the Texas Department of Criminal Justice (TDCJ), has determined that for each year of the first five years the proposed amendments will be in effect, enforcing or administering the proposed amendments will not have foreseeable implications related to costs or revenues for state or local government because the proposed amendments merely clarify existing procedures.
Mr. Steffa has also determined that for each year of the first five-year period, there will not be an economic impact on persons required to comply with the rules because the proposed amendments merely clarify existing procedures. There will not be an adverse economic impact on small or micro businesses or on rural communities. Therefore, no regulatory flexibility analysis is required.
The anticipated public benefit, as a result of enforcing the proposed amendments, will be to enhance clarity and public understanding. No cost will be imposed on regulated persons.
The proposed amendments will have no impact on government growth; no impact on local employment; no creation or elimination of a government program; no creation or elimination of employee positions; no increase or decrease in future legislative appropriations to the TDCJ; no increase or decrease in fees paid to the TDCJ; no new regulation and no effect on an existing regulation; no increase or decrease in the number of individuals subject to the rule; and no effect upon the economy. The proposed amendments will not constitute a taking.
Comments and information such as applicable data, research, or analysis related to the cost, benefit, or effect of the proposed amendments should be directed to the Office of the General Counsel, Texas Department of Criminal Justice, P.O. Box 4004, Huntsville, Texas 77342, ogccomments@tdcj.texas.gov. Written comments and informational submissions from the general public must be received within 30 days of the publication of this rule in the Texas Register.
The amendments are proposed under Texas Government Code §492.001, which establishes the board's authority over the department; §492.013, which authorizes the board to adopt rules; Texas Health and Safety Code §614.003, which establishes the Texas Correctional Office on Offenders with Medical or Mental Impairments; §§614.007-.008, which establishes the powers and duties of TCOOMMI and the community-based diversion program; and §§614.013-.015, which mandates a memorandum of understanding be established for the continuity of care for offenders with mental impairments, elderly offenders, and offenders with physical disabilities, terminal illnesses, or significant illnesses.
Cross Reference to Statutes: None.
§159.19.
Terminally Ill, Significantly Ill or with a Physical Disability or Having a Mental Illness].
(a)
The Texas Department of Criminal Justice (TDCJ) adopts a [the following] memorandum of understanding (MOU) with the Texas Health and Human Services Commission (HHSC), the Texas Workforce Commission, and the Texas Department of State Health Services (DSHS) for the purpose of establishing [concerning] a continuity of care and services program for offenders who are elderly, have a mental impairment or physical disability, or have significant or terminal illness [terminally ill, significantly ill or with a physical disability or having a mental illness].
Figure: 37 TAC §159.19(a) (.pdf)
[Figure: 37 TAC §159.19(a)]
(b) This MOU is required by the Texas Health and Safety Code §§ 614.013 - 614.015.
(c) Copies of the MOU are filed in the Texas Correctional Office on Offenders with Medical or Mental Impairments, 4616 W. Howard Lane, Suite 200, Austin, Texas 78728 and may be reviewed during regular business hours.
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 October 20, 2025.
TRD-202503754
Stephanie Greger
General Counsel
Texas Department of Criminal Justice
Earliest possible date of adoption: November 30, 2025
For further information, please call: (936) 437-6700