PART 1. TEXAS DEPARTMENT OF PUBLIC SAFETY
CHAPTER 6. LICENSE TO CARRY HANDGUNS
SUBCHAPTER B. ELIGIBILITY AND APPLICATION PROCEDURES FOR A LICENSE TO CARRY A HANDGUN
The Texas Department of Public Safety (the department) proposes amendments to §6.17, concerning Protective Order Designation, by adding additional designations on a license to carry a handgun, clarifying the requirements for each designation, and renaming the rule accordingly as "Designations."
Suzy Whittenton, Chief Financial Officer, has determined that for each year of the first five-year period this rule is in effect there will be no fiscal implications for state or local government or local economies.
Ms. Whittenton has also determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities required to comply with the section as proposed. There is no anticipated economic cost to individuals who are required to comply with the rule as proposed. There is no anticipated negative impact on local employment.
Ms. Whittenton has determined that for each year of the first five-year period the rule is in effect the public benefit anticipated as a result of this rule will be greater clarity and transparency relating to the available designations and their requirements.
The department has determined this proposal is not a "major environmental rule" as defined by Texas Government Code, §2001.0225. "Major environmental rule" means a rule the specific intent of which is to protect the environment or reduce risks to human health from environmental exposure and that may adversely affect in a material way the economy, a sector of the economy, productivity, competition, jobs, the environment, or the public health and safety of the state or a sector of the state. This proposal is not specifically intended to protect the environment or reduce risks to human health from environmental exposure.
The department has determined that Chapter 2007 of the Texas Government Code does not apply to this proposal. Accordingly, the department is not required to complete a takings impact assessment regarding this proposal.
The department prepared a Government Growth Impact Statement assessment for this proposed rulemaking. The proposed rulemaking does not create or eliminate a government program; will not require the creation of new employee positions nor eliminate current employee positions; will not require an increase or decrease in future legislative appropriations to the agency; nor will it require an increase or decrease in fees paid to the agency. The proposed rulemaking does not create a new regulation. The proposed rulemaking does not expand, limit, or repeal an existing regulation. The proposed rule does increase the number of individuals subject to the rule's applicability. During the first five years the proposed rule is in effect the proposed rule should not impact positively or negatively the state's economy.
Comments on this proposal may be submitted to Steve Moninger, Regulatory Services Division, Texas Department of Public Safety, P.O Box 4087, MSC 0240, Austin, Texas 78773-0240, or by email to RSD.Rule.Comments@dps.texas.gov. Email submission only is preferred. Comments must be received no later than thirty (30) days from the date of publication of this proposal.
This proposal is made pursuant to Texas Government Code, §411.004(3), which authorizes the Public Safety Commission to adopt rules considered necessary for carrying out the department's work; Texas Government Code §411.197, which authorizes the director to adopt rules to administer this subchapter; and Texas Government Code §411.179, which authorizes the department to adopt the form of the license by rule, for which House Bill 918 and House Bill 2675, 87th Leg., R.S. (2021), added designations for individuals who have a protective order or are at-risk of becoming a victim of violence.
Texas Government Code, §411.004(3), §411.197, §411.179, §411.1735, and §411.184, are affected by this proposal.
§6.17.Designations [Protective Order Designation].
(a) The list in this subsection reflects the current designations as they appear on the license and the individuals to whom the designations may apply:
(1) Veteran: Military veterans meeting the requirements of Government Code, §411.1951;
(2) Judge/Prosecutor: Judges or justices, prosecuting attorneys, United States attorneys, assistant United States attorneys, the attorney general, assistant attorney generals, district attorneys, assistant district attorneys, criminal district attorneys, assistant criminal district attorneys, county attorneys, assistant county attorneys, and municipal attorneys;
(3) Instructor: Individuals certified as qualified handgun instructors;
(4) Protected Person: Individuals meeting the requirements for the protective order designation under Government Code, §411.1735 or the at-risk designation under Government Code, §411.184; and
(5) Court Clerk: District or county clerks.
(b) [(a)] On request of the department,
the holder of a license with a protective order designation or
an at-risk designation shall annually certify to the department
that the individual continues to qualify for the designation and shall
submit to the department a copy of any subsequent court order, documentation
from the court indicating the previous order remains in effect, or
any other information the department requires to verify the individual's
continuing eligibility. An individual who no longer qualifies for
the protective order designation or the at-risk designation shall
immediately notify the department.
(c) [(b)] If the department determines
that the individual is no longer eligible for a designation under
this section, the department shall notify the individual that the
license has expired. The license holder shall immediately return the
license to the department.
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 February 16, 2024.
TRD-202400656
D. Phillip Adkins
General Counsel
Texas Department of Public Safety
Earliest possible date of adoption: March 31, 2024
For further information, please call: (512) 424-5848
CHAPTER 259. NEW CONSTRUCTION RULES
SUBCHAPTER B. NEW MAXIMUM SECURITY DESIGN, CONSTRUCTION AND FURNISHING REQUIREMENTS
The Texas Commission on Jail Standards proposes amendments to Texas Administrative Code, Title 37, §259.135, relating to dormitory housing. Specifically, the proposed amendment addresses the generally accepted industry standard of direct supervision inmate housing areas with congregate levels that exceed 48 inmates. Counties that utilize the direct supervision concept for inmate supervision have been forced to apply for a variance from minimum jail standards to operate inmate housing areas with a congregate level that exceeds 48 inmates. The construction and utilization of inmate housing areas with congregate levels that exceed 48 inmates is common across the nation and 10 counties in Texas currently operate direct supervision housing areas with no negative impact. Amending minimum jail standards to allow congregate levels that exceed 48 inmates when operated as direct supervision will acknowledge that this concept is viable and encouraged for counties that are capable of operating direct supervision facilities.
Brandon Wood, Executive Director, has determined that, during the first five years the amendment will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the amended sections as proposed.
TCJS has determined that during the first five years that the section will be in effect:
(1) the proposed amendment will not create or eliminate a government program.
(2) implementation of the proposed amendment will not affect the number of employee positions;
(3) implementation of the proposed amendment will not require an increase or decrease in future legislative appropriations;
(4) The proposed amendment will not affect fees paid to the agency;
(5) the proposed amendment will not create a new rule;
(6) the proposed amendment will not repeal an existing rule;
(7) the proposed amendment will not change the number of individuals subject to the rule; and
(8) TCJS has insufficient information to determine the proposed rules' effect on the state's economy.
Mr. Wood has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities to comply with the amended rules, as they will not be required to alter their business practices and the rules do not impose any additional costs on those required to comply with the rules.
There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Texas Government Code, §2001.0045 does not apply to this proposal because the rules do not impose a cost on regulated persons; are amended to reduce the burden or responsibilities imposed on regulated persons by the rule.
Mr. Wood has determined that for each year of the first five years the rules are in effect, the public will benefit from the adoption of the rules. The Commission anticipates that the amendment will enable the counties that are capable of operating a direct supervision housing facility without the burden of applying for a variance from the minimum jail standards.
TCJS has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.
Comments on the proposed rule may be submitted in writing to Richard Morgan, PO Box 12985, Austin, Texas 78711, Fax (512) 463-3185, or e-mail at richard.morgan@tcjs.state.tx.us.
The amendment is proposed under the 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 proposed change does not affect other rules or statutes.
§259.135.Dormitories
Dormitories shall contain 9 to 48 bunks. Dormitories operated
as direct supervision may accommodate more than 48 inmates but shall
not exceed more than 72 inmates. Dormitories shall contain not
less than 40 square feet of clear floor space for the first bunk plus
18 square feet of clear floor space for each additional bunk. Each
dormitory shall have adequate toilets, lavatories, and may include
showers. Dormitories with contiguous [contigous]
day rooms in direct supervision facilities may exceed 40% of the facility capacity.
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 February 16, 2024.
TRD-202400676
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 31, 2024
For further information, please call: (512) 850-8668
The Texas Commission on Jail Standards proposes amendments to Texas Administrative Code, Title 37, §259.136, relating to dormitory housing and dayrooms.
Specifically, the proposed amendment addresses the generally accepted industry standard of direct supervision inmate housing areas and dayrooms with congregate levels that exceed 48 inmates. Counties that utilize the direct supervision concept for inmate supervision have been forced to apply for a variance from minimum jail standards to operate inmate housing areas and dayrooms with a congregate level that exceeds 48 inmates. The construction and utilization of inmate housing areas and dayrooms with congregate levels that exceed 48 inmates is common across the nation and 10 counties in Texas currently operate direct supervision housing areas with no negative impact. Amending minimum jail standards to allow congregate levels that exceed 48 inmates when operated as direct supervision will acknowledge that this concept is viable and encouraged for counties that are capable of operating direct supervision facilities.
Brandon Wood, Executive Director, has determined that, during the first five years the amendment will be in effect, there will be no fiscal implications to state or local governments as a result of enforcing and administering the amended sections as proposed.
TCJS has determined that during the first five years that the section will be in effect:
(1) the proposed amendment will not create or eliminate a government program.
(2) implementation of the proposed amendment will not affect the number of employee positions;
(3) implementation of the proposed amendment will not require an increase or decrease in future legislative appropriations;
(4) The proposed amendment will not affect fees paid to the agency;
(5) the proposed amendment will not create a new rule;
(6) the proposed amendment will not repeal an existing rule;
(7) the proposed amendment will not change the number of individuals subject to the rule; and
(8) TCJS has insufficient information to determine the proposed rules' effect on the state's economy.
Mr. Wood has determined that there will be no adverse economic effect on small businesses, micro-businesses, or rural communities to comply with the amended rules, as they will not be required to alter their business practices, and the rules do not impose any additional costs on those required to comply with the rules.
There are no anticipated economic costs to persons who are required to comply with the sections as proposed.
Texas Government Code, §2001.0045 does not apply to this proposal because the rules do not impose a cost on regulated persons; are amended to reduce the burden or responsibilities imposed on regulated persons by the rule.
Mr. Wood has determined that for each year of the first five years the rules are in effect, the public will benefit from the adoption of the rules. The Commission anticipates that the amendment will enable the counties that are capable of operating a direct supervision housing facility without the burden of applying for a variance from the minimum jail standards.
TCJS has determined that this proposal does not restrict or limit an owner's right to his or her property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking under §2007.043 of the Government Code.
Comments on the proposed rule may be submitted in writing to Richard Morgan, P.O. Box 12985, Austin, Texas 78711, Fax (512) 463-3185, or email at richard.morgan@tcjs.state.tx.us.
The amendment is proposed under the 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 proposed change does not affect other rules or statutes.
§259.136.Day Rooms.
All single cells, multiple occupancy cells, and dormitories
shall be provided with day room space. Separation cells, violent cells,
holding cells, detoxification cells, and medical cells are exempt
from this requirement. Day rooms shall accommodate no more than 48
inmates. Dayrooms operated as direct supervision may accommodate
more than 48 inmates but shall not exceed more than 72 inmates. Based
on the design capacity of the cells served, the day rooms shall contain:
not less than 40 square feet of clear floor space for the first inmate
plus 18 square feet of clear floor space for each additional inmate;
a sufficient number of toilets, lavatories, and showers as approved
by the Commission; and [,] mirrors, seating,
and tables. A utility sink should be provided. Convenient electrical
receptacles circuited with ground fault protection shall be provided.
Power to receptacles should be individually controlled outside of
the day room.
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 February 16, 2024.
TRD-202400675
Brandon Wood
Executive Director
Texas Commission on Jail Standards
Earliest possible date of adoption: March 31, 2024
For further information, please call: (512) 850-8668