TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 143. EXECUTIVE CLEMENCY

SUBCHAPTER A. FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP

37 TAC §§143.1 - 143.5, 143.7 - 143.14

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter A, §§143.1, 143.2, 143.5, 143.7 - 143.14, concerning full pardon and restoration of rights of citizenship. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 724). The text of the rules will not be republished.

No public comments were received regarding adoption of these amendments.

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter A, §143.3 and §143.4, concerning full pardon and restoration of rights of citizenship. These rules are adopted with changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 724).

Section 143.3 adds statutory reference language "authorized by the Texas Constitution, Article IV, Section 11 and Code of Criminal Procedure, Article 42.12, §24, 59th Legislature, R.S., Volume 2, Page 317, Chapter 722." Section 143.4 adds statutory reference language "Code of Criminal Procedure, Article 42.12, §24, 59th Legislature, R.S., Volume 2, Page 317, Chapter 722 Texas Government Code, Section 508.119." The text of the rules will be republished.

The amended rules are adopted under the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board make clemency recommendations to the Governor.

§143.3.Twelve Months on Parole.

When any offender has served 12 months on parole for an offense committed on or before August 28, 1977, in a manner acceptable to the Board, upon request, the Board may review the offender's record upon application therefore and make a determination whether to recommend to the Governor that the offender be pardoned and finally discharged from the sentence under which he/she is serving as authorized by the Texas Constitution, Article IV, Section 11 and Code of Criminal Procedure, Article 42.12, §24, 59th Legislature, R.S., Volume 2, Page 317, Chapter 722.

§143.4.Parolee Discharging Sentence.

Whenever any offender who has been paroled for an offense committed on or before August 28, 1977, has complied with the rules and conditions governing his parole until the end of the term to which he/she was sentenced, and without a revocation of his parole, the Board may report such fact to the Governor prior to the issuance of the final order of discharge. The Board may, at this time, recommend to the Governor a full pardon as authorized by the Texas Constitution, Article IV, Section 11 and Code of Criminal Procedure, Article 42.12, §24, 59th Legislature, R.S., Volume 2, Page 317, Chapter 722.

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 19, 2018.

TRD-201801713

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


SUBCHAPTER B. CONDITIONAL PARDON

37 TAC §§143.21 - 143.24

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter B, §§143.21 - 143.24 concerning conditional pardon. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 726). 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 the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board make clemency recommendations to the Governor.

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 19, 2018.

TRD-201801714

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


SUBCHAPTER C. REPRIEVE

37 TAC §§143.31 - 143.35

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter C, §§143.31 - 143.35, concerning reprieve. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 727). 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 the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board make clemency recommendations to the Governor.

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 19, 2018.

TRD-201801715

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


SUBCHAPTER D. REPRIEVE FROM EXECUTION

37 TAC §§143.41 - 143.43

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter D, §§143.41 - 143.43, concerning reprieve. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 728). 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 the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board make clemency recommendations to the Governor.

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 19, 2018.

TRD-201801716

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


SUBCHAPTER E. COMMUTATION OF SENTENCE

37 TAC §§143.51 - 143.55, 143.57, 143.58

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter E, §§143.51 - 143.55, 143.57, 143.58, concerning commutation of sentence. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 730). 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 the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board make clemency recommendations to the Governor.

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 19, 2018.

TRD-201801717

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


SUBCHAPTER F. REMISSION OF FINES AND FORFEITURES

37 TAC §§143.71 - 143.74

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter F, §§143.71 - 143.74 concerning remission of fines and forfeitures. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 732). 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 the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board to make clemency recommendations to the Governor.

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 19, 2018.

TRD-201801718

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


SUBCHAPTER G. RESTORATION OF DRIVER'S LICENSE

37 TAC §143.81, §143.82

The Texas Board of Pardons and Paroles adopts amendments to 37 TAC Chapter 143, Subchapter G, §143.81 and §143.82, concerning restoration of driver’s license. The rules are adopted without changes to the proposed text as published in the February 9, 2018, issue of the Texas Register (43 TexReg 733). 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 the Texas Constitution, Article 4, Section 11, and the Code of Criminal Procedure, Article 48.01, and Article 48.03. Article 4, Section 11, Texas Constitution authorizes the board to make clemency recommendations to the Governor. Articles 48.01 and 48.03, Code of Criminal Procedure, authorize the board make clemency recommendations to the Governor.

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 19, 2018.

TRD-201801719

Bettie Wells

General Counsel

Texas Board of Pardons and Paroles

Effective date: May 9, 2018

Proposal publication date: February 9, 2018

For further information, please call: (512) 406-5480


PART 6. TEXAS DEPARTMENT OF CRIMINAL JUSTICE

CHAPTER 152. CORRECTIONAL INSTITUTIONS DIVISION

SUBCHAPTER A. MISSION AND ADMISSIONS

37 TAC §152.1

The Texas Board of Criminal Justice adopts amendments to §152.1, concerning the Correctional Institutions Division, without changes to the proposed text as published in the March 9, 2018, issue of the Texas Register (43 TexReg 1409).

The adopted amendments are necessary to remove the reference to state boot camps, which were abolished by the 83rd Legislature in 2013.

No comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §492.013, §493.0021.

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 April 23, 2018.

TRD-201801767

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Effective date: May 13, 2018

Proposal publication date: March 9, 2018

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


37 TAC §152.3

The Texas Board of Criminal Justice adopts amendments to §152.3, concerning Admissions, without changes to the proposed text as published in the March 9, 2018, issue of the Texas Register (43 TexReg 1409).

The adopted amendments are necessary to make grammatical and formatting updates.

No comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §§492.013, 499.071, 499.153, 507.024.

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 April 23, 2018.

TRD-201801768

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Effective date: May 13, 2018

Proposal publication date: March 9, 2018

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


37 TAC §152.5

The Texas Board of Criminal Justice adopts amendments to §152.5, concerning the Designation of State Jail Regions, without changes to the proposed text as published in the March 9, 2018, issue of the Texas Register (43 TexReg 1410).

The adopted amendments are necessary to redesignate 13 counties to different state jail regions.

No comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §§492.013, 507.003, 507.004, 507.024.

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 April 23, 2018.

TRD-201801769

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Effective date: May 13, 2018

Proposal publication date: March 9, 2018

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


CHAPTER 163. COMMUNITY JUSTICE ASSISTANCE DIVISION STANDARDS

37 TAC §163.25

The Texas Board of Criminal Justice adopts amendments to §163.25, concerning Community Justice Council and Plans, without changes to the proposed text as published in the March 9, 2018, issue of the Texas Register (43 TexReg 1413).

The adopted amendments are necessary to assist departments in taking a more comprehensive look at their planning goals.

No comments were received regarding the amendments.

The amendments are adopted under Texas Government Code §§492.013, 509.003, 509.007.

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 April 23, 2018.

TRD-201801770

Sharon Howell

General Counsel

Texas Department of Criminal Justice

Effective date: May 13, 2018

Proposal publication date: March 9, 2018

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


PART 15. TEXAS FORENSIC SCIENCE COMMISSION

CHAPTER 651. DNA, CODIS, FORENSIC ANALYSIS, AND CRIME LABORATORIES

SUBCHAPTER A. ACCREDITATION

37 TAC §651.5, §651.7

The Texas Forensic Science Commission ("Commission") adopts amendments to 37 Tex. Admin. Code §651.5 and §651.7 to remove "collection" and "trajectory determination" from the list of forensic disciplines subject to Commission accreditation requirements and to add "crime scene reconstruction including bloodstain pattern analysis and trajectory determination" to the list of forensic disciplines exempt from Commission accreditation requirements. The amendments are being adopted without changes to the proposed text as published in the March 16, 2018, issue of the Texas Register (43 TexReg 1616) and will not be republished. The amendments are necessary to update the rule language in Title 37, Part 15, Chapter 651, Subchapter A, §651.5 and §651.7 to reflect adoptions made by the Commission at its February 2, 2018, quarterly meeting.

Summary of Comments. No comments were received regarding the amendments to this section.

The adoptions are made in accordance with the Commission's accreditation authority to subject or exempt from the crime laboratory accreditation process a type of analysis, examination, or test as described in Tex. Code. Crim. Proc. art. 38.01 §4-d(b).

Cross reference to statute. The adoption affects 37 Tex. Admin. Code §651.5 and §651.7.

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 18, 2018.

TRD-201801694

Leigh Savage

Associate General Counsel

Texas Forensic Science Commission

Effective date: May 8, 2018

Proposal publication date: March 16, 2018

For further information, please call: (512) 936-0661