Adopted Rules Title 37

TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

The Commission on Jail Standards adopts 37 TAC §255.6 concerning advisory committees with changes to the text as proposed in the April 21, 2023, issue of the Texas Register (48 TexReg 2085). The rule will be republished. The changes correct misnumbering of the committee membership under (b) and clarify that the ex-officio members are non-voting.

HB 1545 of the 87th Legislative Session added Government Code Sec. 511.0081 Advisory Committees, which gave the Commission authority to establish advisory committees to make recommendations to the commission on programs, rules, and policies administered by the Commission.

The new rule cites the agency's statutory authority to create advisory committees, establishes the general rules that govern all its advisory committees, and establishes rules to govern specifically the Administrative Rule Advisory Committee. As other committees are established, the Commission will propose amendments to govern each committee specifically.

No public comments were received.

The rule is adopted under statutory authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails. This adoption does not affect other rules or statutes.

§255.6.Advisory Committees.

(a) General. The Texas Commission on Jail Standards (Commission) may establish advisory committees pursuant to Gov't. Code §511.0081 or if mandated by legislative action.

(1) Purpose, Role, and Responsibility. The purpose, role, and responsibility of a Commission advisory committee is to make recommendations to the Commission on programs, rules, and policies administered by the Commission.

(2) Goals. Unless mandated by legislative action, the goal of each advisory committee will be determined by the Commission at the time the advisory committee is created.

(3) Duration. Unless mandated by legislative action, the duration of each advisory committee will be determined by the Commission. The Commission will annually review and determine the continuing need for an advisory committee established by the Commission.

(4) Committee Members.

(A) Committees will consist of a minimum of five members and a maximum of nine members, unless mandated otherwise by legislative action.

(B) Unless otherwise mandated by legislative action, committee members will have various backgrounds of experience, expertise, and interest in the matters the committee will address. Committee members may include Commission commissioners, sheriffs, jail administrators, relevant governmental agency representatives, relevant professionals, and other interested members of the public. The Chair of the advisory committee, in consultation with the Executive Director, will appoint committee members that meet the criteria set forth.

(C) The Chair of the Texas Commission on Jail Standards appoints the Chair of advisory committees unless mandated otherwise by legislative action.

(D) Members of advisory committees will elect an advisory committee Vice-Chair from among its members to serve in the temporary absence of the advisory committee Chair.

(E) Terms. The Commission Executive Director will determine the members' terms of service. The terms of service will be staggered.

(F) Unless prohibited by legislative action, non-voting subject matter experts may be named to the committee at the discretion of the Chair with the consent of the committee.

(5) Rules. Each advisory committee established shall adopt policies and procedures that address the purpose of the advisory committee, membership qualifications, training requirements, terms of service, operating procedures, conflict of interest, and adherence to the requirements set forth in Texas Government Code 551.

(6) Committee Operations and Meetings.

(A) Meetings. The committee must meet at least quarterly; however, the Chair may decide that it is necessary to meet more frequently. The committee is subject to the Texas Open Meetings Act, Texas Government Code Chapter 551.

(B) Quorum. A majority of members constitutes a quorum.

(C) Compensation and Travel Reimbursement. Members will not be reimbursed for expenses related to their participation in the advisory committee.

(b) Administrative Rules Advisory Committee. The Commission establishes an Administrative Rules Advisory Committee to regularly review all administrative rules as part of the mandated rule review process, administrative rules required by new legislation, administrative rules as recommended by the Commission, and petitions for administrative rule changes. The committee makes recommendations to the Commission related to administrative rules. The Committee consists of a minimum of nine members as follows:

(1) one representative of the Commission to act as Committee Chair;

(2) one sheriff of a county with a population from 80,000 or more;

(3) one sheriff of a county with a population from less than 80,000;

(4) one county judge or county commissioner from a county with a population of 80,000 or more;

(5) one county judge or county commissioner from a county with a population of less than 80,000;

(6) one member of the public who is a representative of a statewide organization that advocates for individuals or issues related to county jails; (7) one member of the public;

(7) one non-voting ex-officio jail administrator from a jail consisting of 50 beds or less;

(8) one non-voting ex-officio jail administrator from a jail consisting of 51-999 beds; and

(9) one non-voting ex-officio jail administrator from a jail consisting of 1000 or more beds.

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 August 17, 2023.

TRD-202303040

Brandon Wood

Executive Director

Texas Commission on Jail Standards

Effective date: September 6, 2023

Proposal publication date: April 21, 2023

For further information, please call: (512) 463-2690

CHAPTER 265. ADMISSION

37 TAC §265.7

The Commission on Jail Standards adopts amendments to 37 TAC §265.7, concerning telephone directories in jails without changes to the text as proposed in the June 9, 2023, issue of the Texas Register (48 TexReg 2935). The rule will not be republished.

This amendment originates from a public petition the Commission received on February 9, 2023, from William Pailes, member of the public, who observed that telephone directories are no longer available widely, having been replaced by cell phones with internet access. Current law requires that a telephone directory shall be available for inmates’ use within the processing area. This obsolescence of telephone directories makes the current rule obsolete.

This change will allow inmates to make telephone calls to people whose phone number the inmates have not memorized. Inmate contact lists are usually on their cell phone, which is confiscated at booking. The adopted amendment will require jails to allow inmates reasonable access to their contact lists upon booking.

A member of the public submitted a written comment on July 25, 2023, and made an oral comment during the August 3, 2023, quarterly Commission meeting. "I recognize that phone books are no longer a reasonable requirement for the jails to make available. However, rather than scrapping the rule completely I think it would be appropriate to adapt it for the times that we are living in, taking into account the array of circumstances that people who are coming into the jails may be dealing with. Creating options for the varying levels of resources that different counties have could look like an option to either make available a kiosk or a computer that they can use to look up the names and numbers of local attorneys, or an alternative could be printing out a list of attorneys as is already done for bond companies available in the area, and laminating them to keep them durable.

"Since the average person is unlikely to have the number of an attorney saved in their phone, and since not everyone has/ or gets arrested with a phone in their possession, making a reasonable accommodation such as this would make much more sense than just doing away with any requirement to provide this information.

"Officers in booking facilities already face a large workload and rarely have time to answer simple questions about the process, much less take time out to work with someone to look up this type of information. There are compromises that we can require that will meet the needs of the people who come through the jails as well as those who work there."

The amendment is adopted under statutory authority of Government Code, Chapter 511, which authorizes the Texas Commission on Jail Standards to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This adoption does not affect other rules or statutes.