TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 9. TEXAS COMMISSION ON JAIL STANDARDS

CHAPTER 291. SERVICES AND ACTIVITIES

The Texas Commission on Jail Standards (TCJS) proposes an amendment to rule §291.2 Inmate Correspondence Plan regarding electronic correspondence in county jails. The proposed rule adds language to 37 TAC §291.2 that includes electronic correspondence. This language is proposed following a recommendation by the TCJS Administrative Rules Advisory Committee (ARAC). The TCJS ARAC recommended publication of this amendment, for public comment, to the Commission.

Ricky Armstrong, Executive Director, has determined that there will be no fiscal implications for state or local government as a result of enforcing this rule for the first five-year period. There are no estimated additional costs for state and local government, no estimated loss or increase in revenue to the state or local governments and enforcing or administering this rule has no foreseeable implications relating to costs or revenues of state or local government.

Ricky Armstrong, Executive Director, has determined that for each year of the first five years the rule is in effect, the public benefit anticipated as a result of enforcing this amended rule will be ensured compliance with correspondence standards in facilities that use electronic correspondence. There will not be an effect on small businesses, microbusinesses, rural communities or persons. There are no additional costs incurred by those regulated by this rule.

Ricky Armstrong, Executive Director, has determined that for each year of the first five-years the rule is in effect the rule will not create or eliminate a government program, create or eliminate existing employee positions, and does not increase or decrease future legislative appropriations to the agency. The rule does not increase or decrease fees paid to the agency. This rule would expand current regulation. The rule does not increase or decrease the number of individuals subject to the rules applicability. The rule does not affect the state's economy.

Comments on the proposal may be submitted in writing to Richard Morgan, Research Specialist, at P.O. Box 12985, Austin, Texas 78711-2985, or by email at richard.morgan@tcjs.state.tx.us.

This amended rule is proposed under the authority of Government Code, Chapter 511, which authorizes the TCJS to adopt reasonable rules and procedures establishing minimum standards for the construction, equipment, maintenance, and operation of county jails.

This rule change does not affect other rules or statutes.

§291.2. Inmate Correspondence Plan.

Each facility shall have and implement a written plan, approved by the Commission, governing inmate correspondence, including electronic correspondence. The plan shall provide for the handling of privileged and nonprivileged correspondence, both outgoing and incoming, and shall provide for the collection and distribution of correspondence.

(1) General Requirements.

(A) Inmates shall be permitted to send as many letters of as many pages as they desire, to whomever they desire. Inmate to inmate correspondence may be prohibited where legitimate penological interest exists.

(B) Inmates may receive correspondence in any quantity, amount, and number of pages.

(D) If requested, indigent inmates shall be furnished a reasonable amount of paper, pencils, envelopes, and stamps to correspond with their attorney(s) and the courts. Additionally, indigent inmates shall be furnished paper, pencils, envelopes, and stamps to post at least three letters a week for all other correspondence. A negative balance may be maintained on the inmate's commissary account for indigent postage and correspondence supplies.

(E) Correspondence may be rejected on a case by case basis, provided it is a violation of the inmate rules. For purposes of this plan such correspondence is defined as:

(i) containing information regarding the manufacture of explosives, weapons, or drugs;

(ii) containing material that a reasonable person would construe as written solely for the purpose of communicating information designed to achieve the breakdown of jails through inmate disruption such as strikes or riots; and

(iii) a specific factual determination has been made that the publication is detrimental to inmate's rehabilitation because it would encourage deviate criminal sexual behavior.

(2) Privileged Correspondence.

(A) Correspondence addressed to or received from the following persons or organizations shall be considered privileged correspondence:

(i) officials of the federal, state, and local courts;

(ii) all federal officials and officers, including the President of the United States;

(iii) state officials and officers, including the Texas Commission on Jail Standards and the Governor;

(iv) letters to bona fide news media; and

(v) the inmate's attorney(s).

(B) Outgoing correspondence addressed to the persons listed in subparagraph (A) of this paragraph shall not be opened or interfered with unless a search warrant is obtained.

(C) Incoming correspondence from correspondents listed in subparagraph (A) of this paragraph shall be opened only in the presence of the inmate with inspection limited to locating contraband. Whenever jail officials have probable cause to suspect that the incoming letter is part of an attempt to formulate, devise or otherwise effectuate a plan to escape from the jail, or to violate state or federal laws, officials shall obtain a search warrant prior to opening and reading the correspondence of the individual involved.

(3) Nonprivileged Correspondence.

(A) Mail addressed to or received from persons or organizations not listed in paragraph (2)(A) of this section shall be considered nonprivileged correspondence.

(B) Outgoing correspondence may be opened and read. Correspondence may be censored provided a legitimate penological interest exists. A copy of the original correspondence should be retained.

(C) Incoming correspondence may be opened and read. Correspondence may be censored provided a legitimate penological interest exists. A copy of the original correspondence should be retained. If contraband is discovered, it shall be confiscated and the inmate advised of the action.

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 September 4, 2026.

TRD-202603856

Ricky Armstrong

Executive Director

Texas Commission on Jail Standards

Earliest possible date of adoption: October 18, 2026

For further information, please call: (512) 850-9668