TITLE 37. PUBLIC SAFETY AND CORRECTIONS

PART 5. TEXAS BOARD OF PARDONS AND PAROLES

CHAPTER 141. GENERAL PROVISIONS

SUBCHAPTER A. BOARD OF PARDONS AND PAROLES

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 141, Subchapter A, §141.1 and §141.3, concerning General Provisions. The amendments proposed are to promote simplicity, clarity, and ease of understanding.

Marsha Moberley, Board Chair, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.

Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed amendments will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).

Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.texas.gov. Written comments from the general public should be received within 30 days of the publication of this proposal.

The amended rules are proposed under §§508.036(b), 508.0441, 508.045, 508.141 and 508.149, Government Code. Section 508.036(b) authorizes the Board to adopt rules relating to the decision-making processes used by the Board and parole panels. Section 508.0441 authorizes the Board to adopt reasonable rules as proper or necessary relating to the eligibility of an offender for release to parole or mandatory supervision and to act on matters of release to parole or mandatory supervision. Section 508.045 authorizes a parole panel to grant or deny parole, revoke parole or mandatory supervision, and conduct revocation hearings.

No other statutes, articles, or codes are affected by these amendments.

§141.1. Presiding Officer.

(a) The Presiding Officer [~~(Chair)~~] is appointed [~~designated~~] by the Governor and serves at [~~in that capacity~~] his [~~the~~] pleasure in accordance with Texas Gov't Code §§ 508.035, 508.036, 508.040, 508.045, and 508.0441 [~~of the Governor. The Presiding Officer reports directly to the Governor and serves as the administrative head of the Board. The Presiding Officer acts as spokesperson for the Board~~].

(b) The Presiding Officer's authority is also subject to the Texas Register publication requirements and the Texas Administrative Procedure Act, Texas Gov't Code Chapter 2001. [~~Officer may:~~]

~~[(1) delegate responsibilities and authority to other members of the Board, Parole Commissioners, or to employees of the Board;]~~

~~[(2) appoint advisory committees from the membership of the Board or from Parole Commissioners to further the efficient administration of Board business;]~~

~~[(3) establish policies and procedures to further the efficient administration of the business of the Board; and]~~

~~[(4) provide a written plan for the administrative review of actions taken by a parole panel by a review panel.]~~

[(c) The Presiding Officer shall:]

[(1) develop and implement policies that clearly separate the policy-making responsibilities of the Board and the management responsibilities of the Board Administrator, Parole Commissioners, and the staff of the Board;]

[(2) establish caseloads and required work hours for members of the Board and Parole Commissioners;]

[(3) develop policies to ensure Board Members and Parole Commissioners implement the updated parole guidelines and assign precedential value to previous decisions of the Board relating to the granting of parole and the revocation of parole or mandatory supervision, and develop policies to ensure that members of the Board and Parole Commissioners use updated parole guidelines and previous decisions of the Board and Parole Commissioners in making decisions;]

[(4) require members of the Board and Parole Commissioners to file activity reports that provide information on release decisions made by members of the Board and Parole Commissioners, the workload and hours worked of the members of the Board and Parole Commissioners, and the use of parole guidelines by members of the Board and Parole Commissioners;]

[(5) report annually on all activities of the Board and Parole Commissioners, parole release decisions and the use of parole guidelines by the Board and Parole Commissioners to the Governor and the Legislature; and]

[(6) designate the composition of each parole panel and designate panels composed of at least one Board Member and any combination of Board Members and Parole Commissioners.]

[(d) The Presiding Officer is responsible for the employment and supervision of:]

[(1) Parole Commissioners;]

[(2) a General Counsel to the Board;]

[(3) a Board Administrator to manage the day-to-day daily activities of the Board; ]

[(4) a Public Information Officer;]

[(5) a Budget Director;]

[(6) Hearing Officers; ]

[(7) Institutional Parole Officers;]

[(8) personnel to assist in clemency and hearing matters; and]

[(9) secretarial or clerical personnel.]

§141.3. Board Administration.

(a) The transaction of business before the Board requires a quorum of the Board and decisions require a majority of the quorum. Four members of the Board constitute a quorum.

(b) The Board shall:

(1) adopt rules which govern the decision-making processes of the Board and parole panels;

(2) prepare information of public interest describing the functions of the Board, including a detailed written report that complies with the financial reporting requirements pursuant to the General Appropriations Act, providing a full account of all funds received and disbursed by the Board during the preceding fiscal year, and make the information available to the public and appropriate state agencies;

(3) comply with federal and state laws related to program and facility accessibility;

[(4) prepare annually a complete and detailed written report that meets the reporting requirements applicable to financial reporting provided in the General Appropriations Act and accounts for all funds received and disbursed by the Board during the preceding fiscal year;]

(4) [~~(5)~~] comply with the [~~develop for Board Members and Parole Commissioners a comprehensive~~] training, hearing officer, mission statement, parole guideline, and reconsideration requirements of Tex. Gov't Code §§ 508.036, 508.041, 508.042, 508.049, 508.141(g), and 508.144 [~~and education program on the criminal justice system, with special emphasis on the parole process~~]; and

[(6) develop and implement a training program that each newly hired employee of the Board designated to conduct hearings under Section 508.281, Government Code, must complete before conducting a hearing without the assistance of a Board Member or experienced Parole Commissioner or designee;]

~~[(7) develop and implement a training program to provide an annual update to designees of the Board on issues and procedures relating to the revocation process;]~~

(5) [~~(8)~~] prepare and biennially update a procedural manual to be used by designees of the Board. The Board shall include in the manual:

(A) descriptions of decisions in previous hearings determined by the Board to have value as precedents for decisions in subsequent hearings;

(B) laws and court decisions relevant to decision making in hearings; and

(6) [~~(9)~~] prepare and update as necessary a handbook to be made available to participants in hearings under Tex. Gov't Code 508.281, such as defense attorneys, persons released on parole or mandatory supervision, and witnesses. The handbook must describe in plain language the procedures used in a hearing under 508.281;

(7) [~~(10)~~] develop and implement a policy that clearly defines circumstances under which a Board Member or Parole Commissioner should disqualify himself or herself from voting on:

(A) a parole decision; or

(B) a decision to revoke parole or mandatory supervision;

[(11) after consultation with the Governor and the Texas Board of Criminal Justice, adopt a mission statement that reflects the responsibilities for the operation of the parole process that are assigned to the Board, the Division, the Department, or the Texas Board of Criminal Justice;]

~~[(12) include in the mission statement a description of specific locations at which the Board intends to conduct business related to the operation of the parole process;]~~

(8) [~~(13)~~] adopt rules relating to:

(A) the submission and presentation of information and arguments to the Board, a parole panel, and the Department for and in behalf of an inmate, including by electronic means; and

(B) the time, place, and manner of contact between a person representing an inmate and:

(i) a member of the Board or a Parole Commissioner;

(ii) an employee of the Board; or

(iii) an employee of the Department. [;]

~~[(14) develop according to an acceptable research method the parole guidelines that are the basic criteria on which a parole decision is made; and]~~

~~[(15) adopt a policy establishing the date on which the Board may reconsider for release an inmate who has previously been denied release.]~~

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 August 21, 2026.

TRD-202603660

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER B. RULEMAKING

37 TAC §141.57

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 141, Subchapter B, §141.57, concerning rulemaking. The amendments proposed are to incorporate modernization updates and relevant statutory cross-references; and to promote simplicity and clarity.

No other statutes, articles, or codes are affected by these amendments.

§141.57. Petition for Adoption of Rule.

(a) Any interested person may petition the Board requesting the adoption of a rule pursuant to Tex. Gov't Codes 2001.021, 2006.002, and 2008.

(b) A petition shall be mailed or submitted by electronic means to the General Counsel of the Texas Board of Pardons and Paroles as published on the Board's website [~~at P.O. Box 13401, Austin, Texas 78711~~].

(c) The petition must be submitted in writing, must be identified as Petition for Adoption of Rule, and must comply with the following requirements:

~~[(1) each rule requested must be requested by separate petition;]~~

(1) [~~(2)~~] each petition must state the name and address of the petitioner;

~~[(3) each petition must be delivered to the General Counsel of the Board at its Austin office; and]~~

(2) [~~(4)~~] each petition shall include:

(A) a completed intake checklist.

(B) [~~(A)~~] a brief explanation of the proposed rule; and

(C) [~~(B)~~] the text of the proposed rule prepared in a manner to indicate the words to be added or deleted in the current text, if any.

(d) The petitioner must submit [~~If the General Counsel determines that further information is necessary, the General Counsel may require that the petitioner resubmit the petition and that it contain~~]:

(1) A statement of statutory authority or authority under which the rule is to be promulgated;

~~[(2) Whether there will be an impact on the employment of the local economy;]~~

(2) [~~(3)~~] If an adverse economic impact of the proposed rule on small or microbusinesses is identified, the petition shall also contain:

(A) An economic impact statement which details the probable effect of the rule on employment in each geographic area affected by the rule for each year of the first five years that the rule will be in effect, and describes alternative methods of achieving the purpose of the proposed rule; and

(B) A regulatory flexibility analysis as defined in Section 2006.002(d), Government Code. In addition to the petition, the person may submit a proposal for the adoption of the proposed rule through negotiated rulemaking. The proposal shall identify the potential participants for the negotiated rulemaking committee, possible third party facilitators, and a timeline for the process.

(e) Consideration and Disposition of the Petition.

(1) Except as provided in subsection (f) of this rule, the Chair[~~, in consultation with the General Counsel,~~] shall consider and reject or approve petitions submitted.

(2) Within 60 days after receipt of a petition by the General Counsel, or within 60 days after receipt by the General Counsel of a resubmitted petition in accordance with subsection (d) of this rule, the Chair, in consultation with the General Counsel, shall consider the petition and shall either deny it in writing, stating its reasons for denial, or shall initiate rulemaking proceedings in accordance with Section 2001.021, Government Code.

(3) A petition may be denied for failure to comply with the petition requirements of this rule.

(4) If the Chair, in consultation with the General Counsel, denies the petition, the General Counsel shall give the petitioner written notice of the denial and the reasons for the denial.

(f) The General Counsel may refuse to consider any subsequent petition for the adoption of the same or similar rule submitted within one year after the date of the initial petition.

(g) The General Counsel shall provide the petitioner a written acknowledgement of receipt of a petition that states the date the petition was received and the date by which the Chair must act under subsection (e)(2) of this section.

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 August 21, 2026.

TRD-202603661

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER C. SUBMISSION AND PRESENTATION OF INFORMATION AND REPRESENTATION OF OFFENDERS

37 TAC §141.60, §141.61

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 141, Subchapter C, §141.60 and §141.61, concerning submission and presentation of information and representation of offenders. The amendments proposed are to consolidate rules and revise language to promote simplicity and clarity.

No other statutes, articles, or codes are affected by these amendments.

§141.60. Submission and Presentation of Information.

(a) Unless otherwise authorized, information and arguments in support of an offender shall be in writing.

(b) All [~~Except as provided in subsection (c) of this rule, all~~] information and arguments in support of an offender's release shall be submitted at any time to the Review and Release Processing Section-TDCJ, Austin, Texas.

[(c) When an offender's case is in the review period, copies of all information and arguments in support of an offender's release may be submitted to members of the parole panel designated to consider the case.]

~~[(d) For the purpose of this rule, the review period shall be greater than two months but less than six months prior to the month of the next schedule review period.]~~

§141.61. Representation of an Offender.

(a) Persons representing an offender pursuant to Chapter 508, Subchapter C, Government Code, may appear before a member of the Board or parole panel designated to consider the offender's case.

(b) Requests for appearances by persons representing offenders shall be only submitted when the offender's case is under review, during the review period, and at the discretion of the members of the parole panel designated to review the case.

(c) The time, place, and manner of contact between a person representing an offender and a member of the Board or an employee of the Board shall be established by the members of the parole panel designated to review the case.

~~[(d) For the purpose of this rule, the review period shall mean greater than two months but less than six months prior to the month of the next scheduled review period.]~~

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 August 21, 2026.

TRD-202603662

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER G. DEFINITION OF TERMS

37 TAC §141.111

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 141, Subchapter G, §141.111, concerning definition of terms. The amendments proposed are to eliminate redundant definitions, incorporate applicable acronyms, and update voting codes through a hyperlinked table to enhance accessibility.

No other statutes, articles, or codes are affected by these amendments.

§141.111. Definition of Terms.

The following words and terms used within these rules shall have the following meanings, unless the context clearly indicates otherwise. Acronyms. Within these rules, SID means State Identification Number assigned by the Texas Department of Public Safety; TDCJ means the Texas Department of Criminal Justice; and TDCJ-CID means the Texas Department of Criminal Justice-Correctional Institutions Divisions.

(1) Administrative Violation of Parole or Mandatory Supervision--A technical violation of parole or mandatory supervision which does not allege criminal conduct.

(2) Affinity and consanguinity (including consanguinity within the third degree)--Determined in accordance with Tex. Gov't Code Chapter 573 [(Marriage)--A husband-wife relationship (first degree). By virtue of the marriage, a spouse is also related to individuals related to the other spouse by blood (consanguinity), and the degree of relationship by affinity is the same as the underlying relationship of consanguinity. The ending of a marriage by divorce or death of a spouse ends relationships of affinity created by that marriage unless a child of that marriage is living, in which case the marriage is considered to continue as long as a child of that marriage lives].

(3) Board--The Texas Board of Pardons and Paroles, consisting of seven members appointed by the Governor.

(4) Commutation of sentence--An act of clemency by the Governor which serves to modify the conditions of a sentence.

(5) Conditional pardons--A form of executive clemency granted by the Governor which serves to release a person from the conditions of his or her sentence and any disabilities imposed by law thereby, subject to the conditions contained in the clemency proclamation. A person released pursuant to the terms of a conditional pardon is considered, for purposes of revocation thereof, to be a releasee.

[(6) Consanguinity--A relationship in which one individual is related to another individual where one is a descendant of the other or where they share a common ancestor. An adopted child is considered to be a child of the adoptive parent for this purpose. The degree of relationship by consanguinity may be determined by adding the number of generations between an individual and the individual's ancestor or descendant.]

[(7) Consanguinity within the third degree-- An individual's relatives within the third degree by consanguinity are the individual's parent or child (relatives in the first degree); brother, sister, grandparent, or grandchild (relatives in the second degree); and great-grandparent, great-grandchild, aunt who is a sister of a parent of the individual, uncle who is a brother of a parent of the individual, nephew who is a child of a brother or sister of the individual, or niece who is a child of a brother or sister of an individual (relatives in the third degree).]

[(8) CU/FI--Consecutive felony sentence vote that designates the date on which the offender would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This is not a vote to release on parole.]

~~[(9) CU/NR--Consecutive felony sentence vote to deny favorable parole action and set for review on a future specific month and year (set-off).]~~

~~[(10) CU/SA--Consecutive felony sentence vote to deny parole and not release the offender until the serve-all date.]~~

~~[(11) DMS--Mandatory supervision vote to deny release to mandatory supervision and set for review on a future specific month and year (set-off).]~~

(6) [~~(12)~~] Department--The Texas Department of Criminal Justice.

(7) [~~(13)~~] Division--The Parole Division of the Texas Department of Criminal Justice.

(8) [~~(14)~~] Early Release on Parole--The discretionary release of an offender from incarceration, but not from the legal custody of the state, approximately 180 days prior to the offender's parole eligibility date, under such conditions and provisions for supervision as a parole panel may determine.

(9) [~~(15)~~] Eligible inmate--An offender who has been sentenced to a term of imprisonment in the TDCJ-CID [~~Texas Department of Criminal Justice Correctional Institutions Division~~]; is confined in a penal or correctional institution, including a jail or a correctional institution in another state; and is eligible for release on parole.

~~[(16) Fiduciary--A person holding a position of trust, who has the duty, created by the undertaking, to act primarily for another's benefit in that undertaking.]~~

[(17) Full Pardon--An unconditional act of executive clemency by the Governor which serves to release a person from the conditions of his or her sentence and from any disabilities imposed by law thereby.]

(10) [~~(18)~~] Further Investigation (FI)--An initial determination by a parole panel favorable to parole of an offender, subject to additional investigation and processing.

(11) [~~(19)~~] Hearing Officer--A staff member designated by the Board and assigned to conduct a preliminary or revocation hearing concerning one or more allegations of violation of the terms and conditions of parole, mandatory supervision, or conditional pardon; and a sex offender conditions hearing to determine whether the offender constitutes a threat to society by reason of lack of sexual control.

(12) [~~(20)~~] Initial review--The review conducted by the Board not later than the 180th day an offender is eligible for release on parole.

(13) [~~(21)~~] Inmate--A person incarcerated in the TDCJ-CID, [~~Correctional Institutions Division (CID)~~] other penal institution, or jail serving a sentence imposed upon conviction of a felony.

(14) [~~(22)~~] Institutional Parole Officer--A staff member responsible for interviewing offenders and preparing case summaries for review by a parole panel or the Board; and notifying the offender of the releasee decision along with the approval or denial reasons.

(15) [~~(23)~~] Mandatory supervision--The nondiscretionary release of an offender from incarceration, but not from the legal custody of the state, under such conditions and provisions for supervision as the parole panel may determine. For the purposes of revocation, the terms "parole" and "mandatory supervision" are interchangeable and reference to either one of said terms includes the other.

(16) [~~(24)~~] Mandatory supervision date--The date on which the release to mandatory supervision of an eligible offender may occur.

(17) [~~(25)~~] Offender--A person incarcerated in the TDCJ-CID, [~~Correctional Institutions Division (CID),~~] other penal institution, or jail serving a sentence imposed upon conviction of a felony or a person released from prison on parole or mandatory supervision.

(18) [~~(26)~~] Offender's file--The paper and electronic file maintained by the TDCJ Parole Division as the official custodian of record.

(19) [~~(27)~~] Pardon--An unconditional act of executive clemency by the Governor which serves to release a person from the conditions of his or her sentence and from any disabilities imposed by law thereby [~~See the definition of "full pardon" set forth in this section~~].

(20) [~~(28)~~] Parole--The discretionary release of an offender from incarceration, but not from the legal custody of the state, under such conditions and provisions for supervision as a parole panel may determine.

(21) [~~(29)~~] Parole certificate--An order of the Board incorporating the terms and conditions of release.

(22) [~~(30)~~] Parole panel--A three member decision-making body of the Board authorized to act in release matters. In certain cases, the full Board acts as the parole panel.

~~[(31) Party--Each person or agency named or admitted as a party.]~~

~~[(32) Posthumous--An event occurring after death.]~~

(23) [~~(33)~~] Preliminary hearing--Hearing to determine whether probable cause exists to continue holding the offender in custody pending the outcome of the final hearing.

[(34) Preponderance of the Evidence-- Evidence that is of greater weight or more convincing than the evidence that is offered in opposition to it; that is evidence which as a whole shows that the fact sought to be proved is more probable than not.]

(24) [~~(35)~~] Projected Release Date--The minimum expiration date as determined by TDCJ [~~the Texas Department of Criminal Justice~~].

(25) [~~(36)~~] Release plan--Proposed community and place of residence and proposed employment or proposed provision for maintenance and care of the releasee.

(26) [~~(37)~~] Releasee--A person released from TDCJ-CID on parole or mandatory supervision.

(27) [~~(38)~~] Remain Set--A decision by the Board, after a special review, to continue the initial denial vote set off.

(28) [~~(39)~~] Remission of fine or forfeiture--An act of clemency by the Governor releasing a person from payment of all or a portion of a fine or canceling a forfeiture of a bond.

(29) [~~(40)~~] Reprieve--A temporary release from the terms of an imposed sentence.

(30) [~~(41)~~] Review period--A period in which a parole panel will review an eligible offender for release on parole or mandatory supervision.

(31) [~~(42)~~] Revocation--The cancellation of parole, mandatory supervision, or a person granted a conditional pardon to immediate incarceration or recommend to the Governor revocation of a conditional pardon without further hearing or, in the instance of reprieve of a fine, to immediate payment of the fine.

~~[(43) RMS--Mandatory supervision vote to release to mandatory supervision when TDCJ-CID determines that the offender has reached the projected release date.]~~

~~[(44) Serve-All (SA)--A decision by the Board to deny parole and not release the offender until the serve-all date.]~~

(32) [~~(45)~~] Serve-All Date--The projected release date or maximum [~~minimum~~] expiration date as determined by TDCJ [~~the Texas Department of Criminal Justice~~].

~~[(46) SID--State Identification Number assigned by the Texas Department of Public Safety.]~~

~~[(47) TDCJ--Texas Department of Criminal Justice.]~~

~~[(48) TDCJ-CID--Texas Department of Criminal Justice-Correctional Institutions Division.]~~

(33) [~~(49)~~] Treatment--Refers to rehabilitation programs also referred to as counseling or therapy.

(34) [~~(50)~~] Trial officials--The present sheriff, each chief of police, prosecuting attorney, and judge in the county and court of conviction and release.

(35) [~~(51)~~] Victim--A person who is the victim of the offense of sexual assault, indecency with a child by contact, continuous sexual abuse of a young child or children, aggravated sexual assault, kidnapping, aggravated robbery, trafficking of persons, or injury to a child, elderly individual, or disabled individual or who has suffered personal injury or death as a result of the criminal conduct of another, as defined in Article 56A.001, Sections 6 and 7, Code of Criminal Procedure.

(36) Voting Codes--the following table contains the voting codes and options of the Board.

Figure: 37 TAC §141.111(36) (.pdf)

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 August 21, 2026.

TRD-202603663

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

CHAPTER 143. EXECUTIVE CLEMENCY

SUBCHAPTER A. FULL PARDON AND RESTORATION OF RIGHTS OF CITIZENSHIP

37 TAC §§143.1 - 143.10, 143.12 - 143.14

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter A, §§143.1 - 143.10, and 143.12 - 143.14 concerning full pardon and restoration of rights of citizenship. The amendments proposed are to promote simplicity and clarity.

The amended rules are proposed 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 Article 48.03, Code of Criminal Procedure, authorize the Board to make clemency recommendations to the Governor.

No other statutes, articles, or codes are affected by these amendments.

§143.1. Authority to Grant Pardons.

Except in cases of treason or impeachment, after conviction or successful completion of a term of deferred adjudication community supervision, the Governor may grant a full pardon upon the written signed recommendation and advice of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11 and [~~Texas Code of Criminal Procedure,~~] Articles 48.01 and 48.03, Code of Criminal Procedure.

§143.2. Pardons for Innocence.

(a) On the grounds of innocence of the offense for which convicted or successfully completed a term of deferred adjudication community supervision, the Board will consider applications for recommendation to the Governor for a pardon for innocence upon receipt of:

(1) a written recommendation of a majority [~~at least two~~] of the current trial officials of the sentencing court, with one trial official submitting documentary evidence of actual innocence; or

(2) a certified order or judgment of a court having jurisdiction accompanied by a certified copy of the findings of fact and conclusions of law where the court recommends that the Court of Criminal Appeals grant state habeas relief on the grounds of actual innocence.

(b) Evidence submitted under subsection (a)(1) of this section shall include the results and analysis of pre-trial and post-trial forensic DNA testing of biological material as defined in the Chapter 64, Code of Criminal Procedure, if any, and may also include affidavits of witnesses upon which the recommendation of actual innocence is based.

§143.3. Twelve Months on Parole.

When an [~~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 application [~~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 the offender [~~he/she~~] is serving as authorized by the Texas Constitution, Article IV, Section 11 and Article 42.12, §24, Code of Criminal Procedure, [~~Article 42.12, §24,~~] 59th Legislature, R.S., Volume 2, Page 317, Chapter 722.

§143.4. Parolee Discharging Sentence.

When an [~~Whenever any~~] offender [~~who~~] has been paroled for an offense committed on or before August 28, 1977, and has complied with the rules and conditions governing the offender’s [~~his~~] parole until the end of the term to which the offender [~~he/she~~] was sentenced, and without a revocation of the offender’s [~~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 Article 42.12, §24, Code of Criminal Procedure, [~~Article 42.12 §24,~~] 59th Legislature, R.S., Volume 2, Page 317, Chapter 722.

§143.5. Discharged Offender.

Upon written application [~~request~~] from a person who has discharged a felony sentence or successfully completed a term of deferred adjudication community supervision, the Board will consider recommending a full pardon to the Governor. [~~Applicant's name, TDCJ-CID or SID number, county of conviction, offense, and length of sentence shall be furnished for identification.~~]

§143.6. Offender in Texas Department of Criminal Justice-Correctional Institutions Division.

(a) An offender currently incarcerated in TDCJ-CID will be considered for a full pardon, upon written application, only after the offender's minimum statutory parole eligibility has been attained and the offender has been reviewed for and denied parole. [~~A full pardon will not be considered for an offender while in TDCJ-CID, except when exceptional circumstances exist. The burden of exceptional circumstances rests upon the applicant.~~]

(b) This section does not apply to a survivor of human trafficking or domestic violence who demonstrates the survivor's conviction correlates to human trafficking or domestic violence. The applicant has the burden of demonstrating the connection between the applicant's conviction and the applicant's victimization through human trafficking or domestic violence.

§143.7. Prior Out-of-State or Federal Convictions.

Where an applicant has [~~there exists~~] one or more prior out-of-state or federal convictions or has successfully completed [~~successful completion of~~] a punishment comparable [~~similar~~] to a term of deferred adjudication community supervision for one or more felony offenses [~~of felony grade, in other states or in federal court,~~] prior to the applicant’s last Texas conviction, the Board will consider recommending a full pardon to the Governor only if the applicant provides:

(1) official full pardon [~~provides a~~] clearance [~~by full pardon~~] from the applicable jurisdiction [~~jurisdiction(s)~~] of each [~~the~~] previous conviction [~~conviction(s)~~]; or

(2) official written documentation indicating [~~furnishes proof in writing that~~] the applicable jurisdiction [~~other jurisdictions~~] will not take action [~~act~~] until a full pardon is granted by the Governor of Texas.

§143.8. Suspended Sentence, Felony Conviction.

Upon a written application [~~from the applicant or person acting on their behalf~~], the Board will consider recommending to the Governor a full pardon for a suspended sentence that prevents the applicant from maintaining a livelihood or has resulted in the loss of civil rights. The applicant has the burden of showing the conviction impacted the applicant’s ability to maintain a livelihood or the loss of civil rights. [~~Applicant’s name, SID number, the county of conviction, offense, and sentence shall be furnished when the request is made.~~]

§143.9. Sentence of Probation or Community Supervision, Felony Conviction.

(a) Upon written application, the [~~The~~] Board will consider recommending a full pardon to the Governor for a sentence of community supervision [~~probation~~] only upon:

(1) a showing of receipt of maximum relief available through the court of conviction;[,] and [~~then,~~]

(2) [~~only in~~] an extraordinary [~~extreme or unusual~~] circumstance that [~~which~~] prevents the applicant from maintaining [~~gaining~~] a livelihood; or has resulted in the [~~event of~~] loss of civil rights.

(b) The applicant has the burden of showing the extraordinary [~~such extreme or unusual~~] circumstance in which the conviction impacted the applicant's ability to gain or maintain a livelihood or resulted in the applicant's loss of civil rights [~~rests upon the applicant~~].

§143.10. Misdemeanor.

(a) Upon written application, the [~~The~~] Board will consider recommending a full pardon to the Governor for [in] misdemeanor cases only when an extraordinary circumstance exists that prevents the applicant from maintaining a livelihood or if the applicant has lost civil rights due to the conviction [~~exceptional, extreme, and unusual circumstances exist~~].

(b) The applicant has the burden of showing the extraordinary circumstance in which the conviction impacted the applicant's ability to maintain a livelihood or resulted in the applicant's loss of civil rights. [~~such exceptional, extreme, and unusual circumstances rests upon the applicant.~~]

§143.12. Restoration of Firearm Rights.

(a) Upon written application, the [~~The~~] Board will consider recommending to the Governor a restoration of the right to receive, possess, bear, and transport in commerce a firearm only in extraordinary [~~extreme and unusual~~] circumstances which prevent the applicant from maintaining [~~gaining~~] a livelihood, and only if the applicant:

(1) provides either proof of clearance by a previously granted full pardon or a request for such express restoration in a pending application for a full pardon from jurisdiction(s) of the relevant conviction(s) or successful completion of a punishment similar to a term of deferred adjudication community supervision; and

(2) provides proof of application under the United States Code, Title 18, Section 925(c), for exemption, relief from disabilities to the United States Attorney General [~~the Director of Alcohol, Tobacco, Firearms and Explosives,~~] and furnishes copies of all relevant applications and responses thereto by the United States Attorney General [~~Director of Alcohol, Tobacco, Firearms and Explosives~~] including any final actions by said United States Attorney General [~~Director of Alcohol, Tobacco, Firearms and Explosives~~].

(b) The applicant has the burden of showing the extraordinary circumstance in which the conviction impacted the applicants ability to maintain a livelihood [~~such extreme and unusual circumstances rests upon the applicant~~].

§143.13. Posthumous Pardon.

Upon written application [~~request~~] from a person acting on behalf of a deceased person who was convicted of a felony offense, the Board will consider recommending to the Governor a full pardon for the deceased person.

§143.14. Consideration of Request or Application.

(a) Upon written application, the [~~The~~] Board will consider a [~~written~~] request [~~or application~~] for executive clemency submitted pursuant to Subchapter A of this chapter (relating to Full Pardon and Restoration of Rights of Citizenship).

(b) When an application for executive clemency is denied by the Governor or not recommended by the Board, a person may submit a subsequent written application for executive clemency on or after the second anniversary of the denial.

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 August 21, 2026.

TRD-202603664

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER B. CONDITIONAL PARDON

37 TAC §§143.21 - 143.24

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter B, §§143.21 - 143.24 concerning conditional pardon. The amendments proposed are to promote simplicity and clarity and to conform with protocol.

No other statutes, articles, or codes are affected by these amendments.

§143.21. Definition.

(a) A conditional pardon is a form of executive clemency that [~~which,~~] upon application[,] may be recommended by the Board to the Governor, except in cases of treason or impeachment. If[~~, and if~~] granted a conditional pardon, serves to release the offender [~~a person~~] from the conditions of the offender's [~~his or her~~] sentence [~~and/~~]or any disabilities imposed by law thereby, subject to the conditions outlined [~~contained~~] in the clemency proclamation.

(b) For revocation purposes, a recipient [~~A person released pursuant to the terms~~] of a conditional pardon is considered [~~for the purposes of revocation thereof to be~~] a "releasee" as that term is defined in §141.11(26)[~~, §141.111~~] of this Title [~~title~~] ([~~relating to~~] Definitions of Terms). All[~~, and all~~] such revocation proceedings are governed by the rules found in Ch. 146 [~~sections for revocation of release, §§146.3 - 146.12~~] of this Title [~~title~~] ([~~relating to~~] Revocation of Parole or Mandatory Supervision).

§143.22. Consideration of Application.

(a) Upon written application, the [~~The~~] Board will consider a request [~~written application~~] for a conditional pardon:[,]

(1) [~~only~~] to release an offender to another country; or

(2) in cases where extraordinary [~~extreme, exceptional, and unusual~~] circumstances exist, and only after minimum statutory parole eligibility has been attained.

(b) For purposes of subsection (a)(2) of this section, the applicant has the [~~The~~] burden to demonstrate the existence of extraordinary [~~showing such extreme, exceptional, and unusual~~] circumstances [~~rests upon the applicant~~].

§143.23. Revocation of Conditional Pardon.

(a) A conditional pardon may be revoked if the terms and conditions of the clemency proclamation are breached. All such revocation proceedings shall be conducted in accordance with the rules of §143.21 of this Title (Definition), Ch. 146 (Revocation of Parole or Mandatory Supervision) and in accordance with Government Code, Ch. 508, Subchapter I. Hearings and Sanctions [~~sections applicable to a releasee who is the subject of the revocation process~~].

(b) When [~~The Board or parole panel, on order of the Governor, is responsible for ordering the issuance of any warrant upon being notified by~~] the Division notifies the Board that a violation has occurred, the Board will notify the Governor, who may order the Board to proceed to a revocation hearing. Upon order of the Governor, the Board shall notify the Division, which shall issue a warrant pursuant to Section 508.251(a)(5), Government Code. The warrant shall issue to appropriate law enforcement authorities, authorizing any sheriff, peace officer, or other addressee named therein to arrest and hold the named releasee until further order, [~~of the Governor or the Board~~] or until such time as the releasee [~~he/she~~] may be placed in the custody of an agent of the TDCJ-CID, or until further order [~~of the Governor or the Board~~].

§143.24. Request of the Governor.

The Board shall consider a recommendation for conditional pardon in any case upon the request of the Governor as authorized by [~~Texas~~] Government Code, Section 508.050.

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 August 21, 2026.

TRD-202603665

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER C. REPRIEVE

37 TAC §§143.31, 143.32, 143.35

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter C, §§143.31, 143.32, and 143.35 concerning reprieve. The amendments proposed are to promote simplicity and clarity.

No other statutes, articles, or codes are affected by these amendments.

§143.31. General Rules.

(a) The Governor may grant a reprieve upon the written recommendation of a majority of the Board as authorized by the Texas Constitution, Article IV, Section 11.

(b) Each [~~A reprieve is not recommended as a matter of right and each~~] request will be considered [~~judged~~] on the merits of the case and the security risk involved.

(c) Except at the direction [~~request~~] of the Governor, the Board will only consider written reprieve [~~only such~~] requests that [~~for reprieves as~~] meet the [~~general and specific~~] criteria set out in this section [~~these sections~~] .

(d) The Board will not consider a written application for reprieve from a TDCJ-CID sentence that [~~which~~] involves travel outside the State of Texas or for business reasons.

~~[(e) The Board will not consider a written application for reprieve from a TDCJ-CID sentence requested for business reasons.]~~

(e) [~~(f)~~] The Board may recommend a reprieve either in custody of a peace officer or without custody. However, the Board will not recommend a reprieve without custody if the offender has a detainer filed against the offender's release.

~~[(g) The Board will not recommend a reprieve without custody if the offender has a detainer filed against his release.]~~

(f) [~~(h)~~] Except as otherwise specified in this subsection [~~these sections~~], a Board recommendation for a reprieve shall be for a specified time, including a beginning and an ending date.

(g) [~~(i) Upon expiration of the specified time of the reprieve, a person~~] An offender granted a reprieve who does not return to custody by the ending date of the offender's reprieve [~~that remains at large,~~] is subject to arrest without further action of the Board or Governor.

(h) [~~(j)~~] The Board will consider a written request for an extension of a reprieve only if the request meets the requirements for the original reprieve.

(i) [~~(k)~~] If at any time the Board is made aware that the conditions of a reprieve have been violated, the Board may recommend to the Governor the revocation of such reprieve.

§143.32. Reprieve for Family Emergency.

(a) The Board will consider a written application for reprieve for a family emergency only in cases of critical illness or death of an [~~a member of the~~] offender's immediate family member.

(b) For the purpose of this subchapter, the [~~The~~] immediate family are an offender's [~~includes only the~~] parents, spouse, and children [~~of the offender~~], and a person other than a parent who assumed the responsibilities and acted as the offender's parent [~~of the offender~~] during the offender's [~~his/her~~] childhood.

(c) Before considering [~~Prior to consideration of~~] the application for a reprieve for family emergency, the Board will [~~may~~] require written:

(1) Verification [~~verification~~] of:

(A) the critical illness by the attending physician; or

(B) [~~(2) verification of~~] the death and of the time and place of the funeral, by the mortician; and

(2) [~~(3)~~] proof of the parent-child relationship if the request is based on [~~for~~] the illness or death of a person who was[,] not the offender's biological [a] parent, but [~~who~~] acted as a [~~the offender's~~] parent during the offender's [~~his/her~~] childhood.

(d) A Board recommendation for reprieve in the continuous custody of a peace officer is contingent upon a verified arrangement by the offender's family to secure and pay the expense of a peace officer to guard the offender.

§143.35. Reprieve from Misdemeanor Jail Sentence [~~and/~~]or Fine.

(a) The Board will consider a written application for reprieve from a misdemeanor jail sentence [~~and/~~]or fine upon the [~~majority~~] written recommendation on official letterhead of a majority of trial officials.

(b) Written applications submitted from an offender [~~The Board will also consider a written application~~] for a reprieve from a misdemeanor jail sentence [~~and/~~]or fine, [~~only~~] for medical necessity, significant [~~reasons or reasons of~~] financial hardship [~~(loss of home or business, or the lack of support for family)~~], or other compelling adversity [~~hardships~~], will be considered by the Board only upon the receipt [~~in writing~~] of the following [~~information~~]:

(1) Medical Necessity:

(A) [~~(1)~~] a request for reprieve clearly stating the medical reason for the application;[:]

~~[(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined;]~~

(B) a statement from the attending physician indicating the applicant's medical condition [~~of the applicant~~] and recommended medical treatment [~~recommended~~]; [~~and~~]

(D) a certified copy of the judgment and sentence for each conviction for which the applicant is currently incarcerated.

(2) Financial Hardship or Compelling Adversity:

(A) a request for reprieve clearly stating the nature of the financial hardship or other compelling adversity necessitating [~~for~~] the application [~~request~~];

(B) [~~(A)~~] a certified copy of the judgment and sentence for each conviction [~~cause~~] for which the applicant is currently [~~presently~~] confined; and

(C) [~~(B)~~] if applicable, a statement from a [~~the~~] prospective employer stating the nature of the employment offer and whether or not the employment offered will be permanent if duties are performed satisfactorily.

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 August 21, 2026.

TRD-202603669

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

37 TAC §143.33, §143.34

The Texas Board of Pardons and Parole (Board) proposes the repeal of Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter C. Reprieve, §143.33 and 143.34. The proposed repeal is the results of a review of the subchapter pursuant to the four-year rule review prescribed by §2001.039 Government Code.

The repeal of §143.33 is warranted because the civil courts have the right to subpoena someone to attend or appear before them, making the rule unnecessary. The repeal of §143.34 is warranted because the Board has the statutory authority to release an offender due to their medical condition.

Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed repeals are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering these sections.

Ms. Moberley also has determined that during the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing the repeals to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The repeals will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.

An Economic Impact Statement and Regulatory Flexibility Analysis is not required because the proposed repeals will not have an economic effect on micro-businesses, small businesses, or rural communities as defined in Texas Government Code, Section 2006.001(2).

The repeal is proposed under §508.036(b)(1) Government Code, which provides authority for the Board adopt rules relating to the decision-making processes used by the Board and parole panels.

No other statutes, articles, or codes are affected by these repeals.

§143.33. Emergency Reprieve to Attend Civil Court Proceedings.

§143.34. Emergency Medical Reprieve.

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 August 21, 2026.

TRD-202603679

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER D. REPRIEVE FROM EXECUTION

37 TAC §§143.41 - 143.43

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter D, §143.41, 143.42, and 143.43 concerning reprieve from execution. The amendments proposed are to promote simplicity and clarity and to address grammatical change..

No other statutes, articles, or codes are affected by these amendments.

§143.41. Governor's Reprieve.

~~[(a) The Governor shall have has the power to grant one reprieve in any capital case for a period not to exceed 30 days as authorized by the Texas Constitution, Article IV, Section 11.]~~

[~~(b)~~] The Governor has [~~shall have~~] the power, upon the written and signed recommendation and advice of a majority of the Board, to grant a reprieve in any capital case at any time after conviction.

[(c) The duration of a gubernatorial reprieve granted under subsection (b) of this section may be equal to, greater than, or less than 30 days, but in no event shall any such reprieve exceed the period recommended by the Board.]

§143.42. Reprieve Recommended by the Board.

The Board will consider a reprieve of execution from death sentence upon receipt of a written application on behalf of an offender. The individual filing such application, if other than the offender, may be required to demonstrate that the individual is authorized by the offender to file such application. Any such application shall be addressed to the Texas Board of Pardons and Paroles [~~Parole~~] and contain the following information:

(1) the name of the applicant, execution number, together with any other pertinent identifying information;

(2) identification of the applicant's agents, if any, who are presenting the application;

(3) certified copies of the indictment, judgment, verdict of the jury, and sentence in the case, including official documentation verifying the scheduled execution date, if said information is not contained in the sentence;

(4) a brief statement of the offense for which the offender has been sentenced to death;

(5) a brief statement of the appellate history of the case, including its current status;

(6) a brief statement of the legal issues which have been raised during the judicial progress of the case;

(7) the requested length of duration of the reprieve, which shall be in increments of 30 days in accordance with the Governor's [~~governor's~~] statutory authority to grant one 30-day reprieve, unless a different duration is requested upon the basis of the grounds for the application set forth pursuant to paragraph (8) of this section; and,

(8) all grounds upon the basis of which the reprieve is requested; provided that such grounds shall not call upon the Board to decide technical questions of law which are properly presented via the judicial process.

§143.43. Procedure in Capital Reprieve Cases.

(a) The written application on [in] behalf of an offender seeking a Board recommendation to the Governor or a reprieve from execution may [~~must~~] be submitted by electronic means or delivered to the Board's [~~Texas Board of Pardons and Paroles,~~] Clemency Section as published on the Board's website [~~8610 Shoal Creek Boulevard, Austin, Texas 78757~~], not later than the twenty-first calendar day before the execution is scheduled. If the twenty-first calendar day before the execution is scheduled falls on a weekend or state observed holiday, the application shall be delivered not later than the next business day.

(b) All supplemental information, including but not limited to amendments, addenda, supplements, or exhibits, must be submitted through the provisions pursuant to subsection (a) of this rule [~~in writing and delivered to the Texas Board of Pardons and Paroles, Board's Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757~~], not later than the fifteenth calendar day before the execution is scheduled. If the fifteenth calendar day before the execution is scheduled falls on a weekend or state observed holiday, all additional information including but not limited to amendments, addenda, supplements, or exhibits shall be delivered not later than the next business day.

(c) The application and any information filed with the application, including but not limited to amendments, addenda, supplements, or exhibits, must be provided by the applicant in the manner [~~an amount~~] determined by the Presiding Officer (Chair).

(d) Advocates for and against the death penalty, generally, and members of the general public may present written information for the Board's consideration through the provisions pursuant to subsection (a) of this rule during regular business hours.

(e) [~~(d)~~] An offender seeking a Board recommendation to the Governor for [of] a reprieve from execution may request the opportunity to speak to [~~an interview with~~] a member of the Board. Such request shall be included in the written application or any supplement filed therewith in accordance with this section.

(f) [~~(e)~~] Upon receipt of the [a] request [~~for an interview~~], the Chair [~~Presiding Officer (chair)~~] shall designate at least one member of the Board be present or by videoconference [~~board to conduct the requested interview. Such interview shall occur~~] at the offender's [~~confining unit of~~] TDCJ-CID confining unit. Attendance [~~at such interviews~~] shall be limited to the offender, the designated Board Member, Board staff, and TDCJ-CID staff. When considering the offender's application for reprieve, the [~~The~~] Board may consider statements made by the offender [~~at such interviews~~] and any other materials the offender delivers to the Board Member [~~during the interview when considering the offender's application for reprieve~~].

(g) [~~(f)~~] The Board shall consider and decide applications for reprieve from execution. Upon review, [~~a majority of~~] the Board [~~, or a majority thereof, in written and signed form,~~] may:

(1) recommend to the Governor a reprieve from execution;

(2) not recommend a reprieve from execution; or

(3) set the matter for a hearing as soon as practicable and at a location convenient to the Board and the parties to appear before it.

(h) [~~(g)~~] When the Board sets a hearing pursuant to subsection (g)(3) [~~(f)(3)~~] of this section, it shall notify the trial officials of the county of conviction and the attorney general of the State of Texas and allow any such official(s), or the designated representatives thereof, the opportunity to attend the hearing and/or to present any relevant information. At the time of notifying the trial officials, the Board shall also notify any representative of the victim's family [~~of the victim (~~]who has previously requested to be notified[)] of the receipt of the application, the setting of a hearing, and of said representative or family member's rights to provide any written comments or to attend the hearing.

(i) [~~(h)~~] All hearings conducted by the Board under this section shall be in open session pursuant to requirements of the Texas Open Meetings Act. For the purpose of discussing matters which are deemed confidential by Government Code, Section 508.313 [~~statute,~~] or where otherwise authorized by the provisions of the Texas Open Meetings Act, the proceedings may be conducted in executive session closed to members of the general public, for that limited purpose. Only those persons whose privacy interests and right to confidentiality may be abridged by discussion involving disclosure of confidential information may be allowed to meet with members of the Board in their executive session to discuss that information. No decision, vote, or final action by the Board shall be made during executive session [~~a closed meeting~~]; the Board's decision, vote, or final action shall be made and announced in an open meeting. The hearing may be recessed prior to its completion and reconvened pursuant to the directions of the Board.

[(i) Advocates for and against the death penalty, generally, and members of the general public may present written information for the Board's consideration at its central office headquarters at any reasonable time.]

(j) After the conclusion of the hearing, the Board shall render its decision, reached by majority vote, within a reasonable time, which decision shall be either to:

(1) recommend to the Governor a reprieve from execution;

(2) not recommend a reprieve from execution; or

(3) recess the proceedings without rendering a decision on the merits, if a reprieve has been granted by the Governor or if a court of competent jurisdiction has granted a stay of execution.

(k) Each of the provisions of this section and §143.42 of this title (relating to Reprieve Recommended by the Board) are subject to waiver by the Board when it finds that there exists good and adequate cause to suspend said provisions and adopt a different procedure which it finds to be better suited to the exigencies of the individual case before it.

(l) Successive or repetitious reprieve applications submitted in behalf of the same offender may be summarily denied by the Board without meeting.

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 August 21, 2026.

TRD-202603675

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER E. COMMUTATION OF SENTENCE

37 TAC §§143.52, 143.53, 143.57

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter E, §§143.52, 143.53, and 143.57 concerning commutation of sentence. The amendments proposed are to promote simplicity, clarity, and modernization.

No other statutes, articles, or codes are affected by these amendments.

§143.52. Commutation of Sentence, Felony, or Misdemeanor.

(a) The Board will consider recommending to the Governor a commutation of sentence upon a request submitted electronically or by mail accompanied by the written recommendation of a majority of the trial officials. These written recommendations must be provided on the official letterhead of each trial official.

(b) If the offender has the recommendation of three [~~two of the current~~] trial officials and no written communication is received from the fourth [~~third~~] trial official, the Board shall give the remaining trial official notice that [~~such~~] a clemency recommendation is being considered by the Board.

(c) In cases tried prior to the tenure of the present office holders [~~office-holders~~], the recommendation of persons holding such offices at the time [~~of the trial of~~] the case was tried may be used to [~~bolster and~~] support the recommendation of the current trial officials, if in compliance with the requirements of subsection (d) of this section.

(d) Each [~~The requirements of a recommendation of the current~~] trial official's recommendation [~~official~~] for commutation of sentence must include the following:

(1) a statement that the penalty now appears to be excessive;

(2) a recommendation of a definite term now considered by the officials as just and proper; and

(3) a statement of the reasons for the recommendation based upon facts directly related to the case which were [~~facts of the cases and~~] in existence, but not available to, the court or jury at the time of the trial, or a statutory change in penalty for the crime which would appear to make the original penalty excessive.

(e) If the offender is not confined in the TDCJ-CID, a certified copy of the judgment and sentence must be furnished.

§143.53. Commutation of Remainder of Jail Sentence [~~and/~~]or Fine after Reprieve.

The Board will consider recommending to the Governor a commutation of the remainder of the time left to serve on a jail sentence [~~and/~~]or commutation of fine after satisfactory completion of a reprieve of the jail sentence [~~and/~~]or fine.

§143.57. Commutation of Death Sentence to Lesser Penalty.

(a) The Board will consider recommending to the Governor a commutation of death sentence to a sentence of life imprisonment or the appropriate maximum penalty that can be imposed upon receipt of:

(1) a request from the majority of the trial officials of the court of conviction; or

(2) a written request of the offender or representative setting forth all grounds upon which the application is based, stating the full name of the offender, the county of conviction, and the execution date[~~, and contain the information outlined in §143.42(1)- (6) of this chapter (relating to Reprieve Recommended by the Board)~~].

(b) Any such [~~The written~~] application [~~in behalf of an offender seeking a Board recommendation to the Governor of commutation of the death sentence to a lesser penalty~~] shall be submitted by electronic means or delivered to the Texas Board of Pardons and Paroles as published on the Board's website at https://www.tdcj.texas.gov/bpp/brd_locations/brd_locations.html and contain the following information: [addressed to the Texas Board of Pardons and Paroles and must be delivered to the Texas Board of Pardons and Paroles, Clemency Section, 8610 Shoal Creek Boulevard, Austin, Texas 78757, not later than the twenty-first calendar day before the day the execution is scheduled. If the twenty-first calendar day before the execution is scheduled falls on a weekend or state observed holiday, the application shall be delivered not later than the next business day.]

(1) the name of the applicant, execu tion number, together with any pertinent identifying information;

(2) identification of the applicant's agents, if any, who are presenting the application;

(4) a brief statement of the offense for which the offender has been sentenced to death;

(5) a brief statement of the appellate history of the case, including its current status;

(6) a brief statement of the legal issues which have been raised during the judicial progress of the case;

(7) the requested length of duration of the reprieve, which shall be in increments of 30 days in accordance with the Governor's statutory authority to grant one 30-day reprieve, unless a different duration is requested upon the basis of the grounds for the application set forth pursuant to paragraph (8) of this section; and,

(c) The written application on behalf of an offender seeking a Board recommendation to the Governor of commutation of the death sentence to a lesser penalty shall be addressed to the Texas Board of Pardons and Paroles and must be submitted by electronic means or delivered to the Board's Clemency Section, as published on the Board's website as published on the Board's website at https://www.tdcj.texas.gov/bpp/exec_clem/Contacting_Clemency.html, not later than the twenty-first calendar day before the day the execution is scheduled. If the twenty-first calendar day before the execution is scheduled falls on a weekend or state observed holiday, the application shall be delivered not later than the next business day.

(d) [~~(c)~~] All supplemental information not filed with the application, including but not limited to amendments, addenda, supplements, or exhibits, must be submitted through the provisions pursuant to subsection (c) of this rule, [~~in writing and delivered to the Texas Board of Pardons and Paroles, Board's Clemency Section , 8610 Shoal Creek Boulevard, Austin, Texas 78757~~] not later than the fifteenth calendar day before the execution is scheduled. If the fifteenth calendar day before the execution is scheduled falls on a weekend or state observed holiday, all additional information including but not limited to amendments, addenda, supplements, or exhibits shall be delivered no [~~not~~] later than the next business day.

(e) [~~(d)~~] The application and any information electronically submitted or delivered [~~filed~~] with the application, including but not limited to amendments, addenda, supplements, or exhibits, must be provided by the applicant in the manner [~~an amount~~] determined by the Chair [~~Presiding Officer~~].

(f) Advocates for and against the death penalty, generally, and members of the general public may submit written information for the Board's consideration through the provisions pursuant to subsection (c) of this rule during regular business hours.

(g) [~~(e)~~] An offender seeking a Board recommendation to the Governor of commutation of the death sentence to a lesser penalty may request the opportunity to speak [~~an interview~~] with a member of the Board. Such request shall be included in the written application or any supplement filed therewith in accordance with this section.

(h) [~~(f)~~] Upon receipt of the [a] request [~~for an interview,~~] the Chair [~~Presiding Officer (Chair)~~] shall designate at least one member of the Board to be present or by videoconference [~~conduct the requested interview. Such interview shall occur~~] at the [~~confining unit of~~] TDCJ-CID confining unit. Attendance [~~at such interviews~~] shall be limited to the offender, the designated Board Member(s), Board staff, and TDCJ-CID staff. When considering the offender's application for commutation of the death sentence to a lesser penalty, the [~~The~~] Board may consider statements made by the offender [~~at such interviews~~] and any other materials the offender delivers to the Board Member [~~during the interview when considering the offender's application for commutation of the death sentence to a lesser penalty~~].

(i) [~~(g)~~] The Board shall consider and decide applications for commutation of the death sentence to a lesser penalty. Upon review, a majority of the Board, or a majority thereof, in written and signed form, may:

(1) recommend to the Governor the commutation of the death sentence to a lesser penalty;

(2) not recommend commutation of the death sentence to a lesser penalty; or

(3) set the matter for a hearing pursuant to §143.43 of this chapter (relating to Procedure in Capital Reprieve Cases).

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 August 21, 2026.

TRD-202603676

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER F. REMISSION OF FINES AND FORFEITURES

37 TAC §143.71, §143.73

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter F, §143.71 and §143.73 concerning remission of fines and forfeitures. The amendments proposed are to promote simplicity and clarity.

No other statutes, articles, or codes are affected by these amendments.

§143.71. Remission of Fine.

(a) The Board will consider a written application to remit a fine upon the [~~majority~~] written recommendation of a majority of the trial officials.[~~, said~~] Each recommendation is to be furnished upon the official letterhead of each trial official.

(b) The Board will [~~also~~] consider a written application to remit a fine[~~, only~~] for medical necessity [~~reasons~~], [~~or reasons of~~] financial hardship (loss of home or business, or the lack of support for family) or other compelling hardships only upon receipt in writing of the following information:

(1) a request to remit a fine(s) clearly stating the medical reason for the application:

(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined;

(B) a statement from the attending physician indicating the applicant's medical condition [~~of the applicant~~] and medical treatment recommended;

(D) the written recommendation of a majority of the trial officials that the fine be remitted to be furnished only on official letterhead of each official; or[.]

(2) a request to remit a fine(s) clearly stating the nature of the financial hardship or other hardship for the application:

(A) a certified copy of the judgment and sentence for each cause for which the applicant is presently confined; and

(B) if applicable, a written statement from the prospective employer stating the nature of employment offer and whether or not the employment offered will be permanent, if duties are performed satisfactorily.[~~; and~~]

~~[(C) the recommendation of a majority of the trial officials that the fine be remitted to be furnished only on official letterhead of each official.]~~

§143.73. Remission of Bond Forfeiture.

The Board will consider recommending to the Governor remission of bond forfeiture upon receipt of:

(1) a written majority recommendation of the trial officials and the commissioner's court in the county of forfeiture to be furnished upon official letterhead of each official; or

(2) a written application accompanied by the following:

(A) a letter setting out the necessity for the executive clemency;

(B) a certified copy of the final judgment of forfeiture;

(C) letters from a majority of the trial officials on official letterhead stating whether they are favorable or unfavorable towards [~~setting out their attitude toward~~] remitting the bond forfeiture;

(D) a recommendation of the commissioner's court of the county in which final judgment of forfeiture was entered, by certified copy of the court's order or on the official letterhead of the court or county judge;

(E) a sworn statement as to whether or not either of the sureties received a fee for making the bond or bail involved in this application; whether or not they are then, or have been in the past, engaged in making bail or appearance bonds for a fee or any consideration of value;

(F) a summary statement of the amount of assets and liabilities of the applicant, or applicants;

(G) a statement from the sheriff or county treasurer as to whether or not the judgment or any part thereof has been paid or satisfied in any manner on official letterhead of the appropriate official; and

(H) a statement, verified by the sheriff of the county of conviction, as to whether or not the principal is in custody, or has been tried for the criminal offense subsequent to his failure to appear.

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 August 21, 2026.

TRD-202603677

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER G. RESTORATION OF DRIVER'S LICENSE

37 TAC §143.82

The Texas Board of Pardons and Paroles (Board) proposes amendments to Texas Administrative Code, Title 37, Part 5, Chapter 143, Subchapter G, §143.82 concerning restoration of driver’s license. The amendments proposed are to promote simplicity and clarity.

Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to these sections will be the effective administration of sex offender conditions hearings. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules’ applicability; and will not positively or adversely affect this state’s economy.

No other statutes, articles, or codes are affected by these amendments.

§143.82. Subsequent Requirements.

Upon making a preliminary determination to recommend to the Governor the restoration of a driver's or commercial operator's license, the Board will require from the applicant or the applicant’s representative [~~person acting for him~~], certified copies of all judgments which resulted in the revocation or suspension of the license[~~; or if the suspension or revocation resulted from administrative action by the Texas Department of Public Safety, a copy of the final departmental order of suspension is required~~]. No further action will be taken by the Board prior to receipt of the required judgment(s) or order.

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 August 21, 2026.

TRD-202603678

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

CHAPTER 145. PAROLE

SUBCHAPTER A. PAROLE PROCESS

37 TAC §§145.1 - 145.3, 145.12, 145.13, 145.15, 145.17, 145.18, 145.20

The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 145, §§145.1 - 145.3, 145.12, 145.13, 145.15, 145.17, 145.18, and 145.20 concerning parole process. The amendments are proposed to incorporate the new statutory language from Senate Bill 1506 89th Legislative Session regarding the reconsideration of parole after the first anniversary date of denial; and to promote simplicity and clarity.

Marsha Moberley, Chair of the Board, determined that for each year of the first five-year period the proposed amendments are in effect, no fiscal implications exist for state or local government as a result of enforcing or administering this section.

Ms. Moberley also has determined that for each year of the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments will be to reduce the number of times victims will be notified of the parole panel's reconsideration of an offender's parole review. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rule as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.

Government Growth Impact Statement. In compliance with Texas Government Code §2001.0221, the Board has prepared a government growth impact statement. Unless indicated below, for each year of the first five years that the rule will be in effect, the rule will not: create or eliminate a government program; require the creation of new employee positions or the elimination of existing employee positions; require an increase or decrease in future legislative appropriations to the agency; lead to an increase or decrease in the fees paid to the department, create new regulations; expand, limit or repeal existing regulations; increase or decrease the number of individuals subject to the rule's applicability, or positively or adversely affect this state's economy.

Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

The amended rule is proposed under §§508.036 and 508.0441, Texas Government Code. Section 508.036 requires the board to adopt rules relating to the decision-making processes used by the board and parole panels; and §508.0441 provides the board with the authority to consider and order release on parole or mandatory supervision.

No other statutes, articles or codes are affected by these amendments.

§145.1. Parole Decision-Maker.

(a) Unless otherwise provided, parole decisions shall be made by two-thirds vote of a parole panel. The Board is the parole release decision-maker of any offender [~~persons~~] convicted of or serving a sentence for a capital felony, other than a life sentence, or a capital felony with a life sentence, [~~offense~~] who is [~~are~~] eligible for parole, or an offense under Sections 20A.03, 21.02, 21.11(a)(1), and 22.021, Penal Code, or who is [~~are~~] required under Section 508.145(c), Government Code to serve 35 calendar years before becoming eligible for parole review. In these cases, the Board may grant parole only upon a two-thirds [~~two thirds~~] vote. [~~The Board is not required to meet as a body to perform this duty.~~]

(b) In all other matters of parole and mandatory supervision and revocation of parole and mandatory supervision, three-member parole panels are parole decision makers. A parole panel may consider any eligible offender for release and, upon a majority vote of the panel, may approve or deny release to supervision. If a majority of the panel does not concur, the case is forwarded to a panel, designated by the Presiding Officer (Chair), to revote. The members of a parole panel are not required to meet as a body to perform these decision-making duties.

§145.2. Standard Parole Guidelines.

(a) Parole panels are vested with complete discretion in making parole decisions to accomplish the mandatory duties found in Chapter 508, Government Code.

(b) Parole guidelines have been adopted by the Board to assist parole panels in the selection of possible candidates for release. Parole guidelines are applied as a basis, but not as the exclusive criteria, upon which parole panels base release decisions.

(1) The parole guidelines consist of a risk assessment instrument and an offense severity scale. Combined, these components serve as an instrument to guide parole release decisions.

(2) The risk assessment instrument includes two sets of components, static and dynamic factors.

[(A) Static factors include:]

[(i) Age at first admission to a juvenile or adult correctional facility;]

[(ii) History of supervisory release revocations for felony offenses;]

[(iii) Prior incarcerations;]

[(iv) Employment history; and]

[(v) The commitment offense.]

[(B) Dynamic factors include:]

[(i) The offender's current age;]

[(ii) Whether the offender is a confirmed security threat group (gang) member;]

[(iii) Education, vocational and certified on-the-job training programs completed during the present incarceration;]

[(iv) Prison disciplinary conduct; and]

[(v) Current prison custody level.]

~~[(3) Scores from the risk assessment instrument are combined with an offense severity rating for the sentenced offense of record to determine a parole candidate's guidelines level.]~~

(c) The adoption and use of the parole guidelines do not imply the creation of any parole release formula, or a right or expectation by an offender to parole based upon the guidelines. The risk assessment instrument and the offense severity scale, while utilized for research and reporting, are not to be construed so as to mandate either a favorable or unfavorable parole decision. The parole guidelines serve as an aid in the parole decision process and the parole decision shall be at the discretion of the Board and the voting parole panel.

~~[(d) The Board is authorized to revise the parole guidelines as warranted.]~~

§145.3. Policy Statements Relating to Parole Release Decisions by the Board of Pardons and Paroles.

To aid the Board in its analysis and research of parole release, the Board adopts the following policies.

(1) Release to parole is a privilege, not an offender right, and the parole decision maker is vested with complete discretion to grant, or to deny parole release as defined by statutory law.

(A) Candidates for parole are evaluated on an individual basis.

(B) There are no mandatory rules or guidelines that must be followed in every case because each offender is unique. The Board and Parole Commissioners have the statutory duty to make release decisions, which are only in the best interest of society. The Board and parole panels use parole guidelines as a tool to aid in the discretionary parole decision process.

(2) The Board shall consider factors set forth in Gov't Code 508.141 (g1)(1-3) when reconsidering an offender [will reconsider for release an offender who is serving a sentence under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121 of that code, as soon as practicable after the first anniversary of the date of denial.].

~~[(3) The Board will reconsider an offender for release after the first anniversary date of the denial and end before the fifth anniversary date of the denial.]~~

[(4) The Board will reconsider for release an offender who is serving a sentence for an offense under Section 22.021, Penal Code; or serving a life sentence for a capital felony, who is eligible for parole, after the first anniversary of the date of the denial and before the 10th anniversary of the date of denial.]

(3) [~~(5)~~] An offender will be considered for parole when eligible and when the offender meets the following criteria with regard to behavior during incarceration.

(A) Other than on initial parole eligibility, the offender must not have had a major disciplinary misconduct report in the six-month period prior to the date he is reviewed for parole, which has resulted in loss of good conduct time or reduction to a classification status below that assigned during that offender's initial entry into the TDCJ-CID.

(B) Other than on initial parole eligibility, at the time he is reviewed for parole the person must be classified in the same or higher time earning classification assigned during that person's initial entry into TDCJ-CID.

(C) If any offender who has received an affirmative vote to parole and following the vote, notification is received that the offender has been reduced below initial classification status or has lost good conduct time, the parole decision will be reviewed and revoted by the parole panel that rendered the decision.

(D) A person who has been revoked and returned to custody for a violation of the conditions of release to parole or mandatory supervision will be considered for release to parole or mandatory supervision when eligible.

(E) An offender who is otherwise eligible for parole and who has charges pending alleging a felony offense committed while in the TDCJ, any facility under its supervision, or a facility under contract with the TDCJ, and for which a complaint has been filed with a magistrate of the State of Texas, will not be considered for release to parole.

(F) An offender who is otherwise eligible for release and meets the criteria for Medically Recommended Intensive Supervision (MRIS) as required by Section 508.146, Government Code may be considered for release on parole.

(4) A parole panel may not consider an offender's legal or appellate filings when making parole, discretionary mandatory supervision, or revocation decisions.

(5) [~~(6)~~] [Any consideration by a Board Member or Parole Commissioner of an offender's litigation activities when determining an offender's candidacy for parole is strictly prohibited. No offender will be denied the opportunity to present to the judiciary, including appellate courts, his or her allegations concerning violations of fundamental constitutional rights. Any consideration of such legal activity during the parole review, supervision or revocation process is a violation of Board policy. In the event parole is denied in violation of this section, the offender may pursue a remedy under the special review provisions of §145.17 of this title (relating to Action upon Special Review--Release Denied).] In the event parole or mandatory supervision is revoked in violation of this section, the offender may pursue a remedy under the motion to reopen hearing provisions of §146.11 of this title (relating to Releasee's Motion to Reopen Hearing or Reinstate Supervision).

§145.12. Action upon Review.

A case reviewed by a parole panel for parole consideration may be:

(1) deferred for request and receipt of further information;

(2) denied a favorable parole action at this time and set for review on a future specific month and year (Set-Off).

(A) The next review date (Month/Year) [~~for an offender serving a sentence listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04, Penal Code~~] may be set at any date [of] after the first anniversary of the date of denial and [~~end~~] before the fifth anniversary of the date of denial; or

(B) If the offender is serving a sentence under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121, the next review date (Month/Year) shall [~~may~~] begin as soon as practicable after the first anniversary of the date of denial.[~~; or~~]

[(C) If the offender is serving a sentence for an offense under Section 22.021, Penal Code, or a life sentence for a capital felony, the next review date begins after the first anniversary of the date of the denial and before the 10th anniversary of the date of the denial.]

(3) denied parole and ordered serve all, but in no event shall this be utilized if the offender's projected release date is greater than five (5) years from the date of the panel decision, or over one (1) year from the date of the panel decision for offenders serving a sentence for an offense under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121 of that code. [for offenders serving sentences listed in Section 508.149(a), Government Code, or serving a sentence for second or third degree felony under Section 22.04 Penal Code; or greater than one year for offenders not serving sentences listed in Section 508.149(a), Government Code.] If the serve-all date in effect on the date of the panel decision is extended by more than 180 days, the case shall be placed in regular parole review;

(4) ordered for further investigation (FI) if it is determined that [~~the totality of~~] the circumstances favor the offender's release on parole, [~~further investigation (FI) is ordered with the following available voting options;~~] and impose all conditions of parole or release to mandatory supervision that the parole panel is required or authorized by law to impose. The following table contains the available voting options for the parole panel: [~~as a condition of parole or release to mandatory supervision;~~]

Figure: 37 TAC §145.12(4) (.pdf)

~~[(A) FI-1--Release the offender when eligible;]~~

~~[(B) FI-2 (Month/Year)--Release on a specified future date;]~~

~~[(C) FI-3 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion;]~~

[(D) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four (4) months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP);]

~~[(E) FI-5--Transfer to In-Prison Therapeutic Community Program (IPTC). Release to aftercare component only after completion of IPTC program;]~~

~~[(F) FI-6--Transfer to a TDCJ DWI Program. Release to continuum of care program as required by paragraph (5) of this section;]~~

[(G) FI-6 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and no earlier than six (6) months from specified date. Such TDCJ program may include the Pre-Release Therapeutic Community (PRTC), Pre-Release Substance Abuse Program (PRSAP), or In-Prison Therapeutic Community Program, or any other approved program;]

[(H) FI-7 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than seven (7) months from the specified date. Such TDCJ program shall be the Serious and Violent Offender Reentry Initiative (SVORI);]

[(I) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9);]

[(J) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than 18 months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-18);]

(5) any person released to parole after completing a TDCJ rehabilitation program as a prerequisite for parole, must participate in and complete any required post-release program. A parole panel shall require as a condition of release on parole or release to mandatory supervision that an offender who immediately before release is a participant in the program established under Section 501.0931, Government Code, participate as a releasee in a drug or alcohol abuse continuum of care treatment program; or

(6) any offender receiving an FI vote, as listed in paragraph (4)[~~(A) - (J)~~] of this section, shall be placed in a parole-approved program consistent with the vote. If treatment program managers recommend a different program for an offender, a transmittal shall be forwarded to the parole panel requesting approval to place the offender in a different program.

§145.13. Action upon Review; Consecutive (Cumulative) Felony Sentencing.

(a) This section applies only to an offender sentenced to serve consecutive sentences if each sentence in the series is for an offense committed on or after September 1, 1987.

(b) A parole panel shall review for parole consideration consecutive felony sentencing cases as determined and in the sequence submitted by the TDCJ.

[~~(c)~~] If the case under parole consideration is a pre-final consecutive felony sentencing case, the parole panel may[:]

[~~(1)~~] defer for request and receipt of further information. The following table contains the available voting options for the Board.[;]

Figure: 37 TAC §145.13(b) (.pdf)

[(2) vote CU/FI (Month/Year Cause Number), designate the date on which the offender would have been eligible for release on parole if the offender had been sentenced to serve a single sentence. This date shall be within a three-year incarceration period following the panel decision; or]

[(3) vote CU/NR (Month/Year Cause Number), deny favorable parole action. The next review date (month/year) may be set at any date in the five-year incarceration period following the panel decision date, but in no event shall it be less than one (1) calendar from the panel decision date; or]

[(4) vote CU/NR (Month/Year Cause Number), deny favorable parole action. If the offender is serving a sentence for an offense under Section 481.115, Health and Safety Code, involving a controlled substance listed in Penalty Group 1, or an offense under Section 481.1151, 481.116, 481.1161, 481.117, 481.118, or 481.121 of that code, begin as soon as practicable after the first anniversary of the denial; or]

[(5) vote CU/SA (Month/Year Cause Number): deny release and order serve-all, but in no event shall this be utilized if the offender's maximum expiration date is over five (5) years from the date of the panel decision. Deny release and order serve-all, but in no event shall this be utilized if the offender's maximum expiration date is over one (1) year from the date of the panel decision.]

(c) [~~(d)~~] If the case under parole consideration is the last and final in a series of consecutive felony sentencing cases, the case shall be reviewed under §145.12 of this title (relating to Action upon Review).

(d) [~~(e)~~] When a parole panel reviews for parole consideration a consecutive felony sentencing case, the parole panel shall indicate the Cause Number of the consecutive felony sentencing case it is considering.

§145.15. Action upon Review; Extraordinary Vote [~~(SB 45)~~].

(a) This section applies to any offender convicted of or serving a sentence for a capital felony, other than a life sentence, or a capital felony with a life sentence, who is eligible for parole, or an offense under Sections 20A.03, 21.02, [or] 21.11(a)(1), or 22.021, Penal Code, or who is required under Section 508.145(c), Government Code to serve 35 calendar years before becoming eligible for parole review. All Board members [~~of the Board~~] shall vote on the release of an eligible offender. At least two thirds of the members must vote favorably to release [~~for~~] the offender on [~~to be released to~~] parole. [~~Members of the~~] Board members shall not vote until they have received [~~receive~~] and reviewed [~~review~~] a [~~copy of a~~] written report from the department regarding [on] the probability that [of] the offender will commit [~~committing~~] an offense if [~~after being~~] released.

(1) Use [~~Upon review, use~~] of the full range of voting options is ineffective in [~~not conducive to~~] determining whether two-thirds of the Board consider [~~considers~~] the offender ready for release to parole.

(2) If [~~it is determined~~] circumstances favor the offender's release to parole, the following table lists the Board's available [~~Board has the following~~] voting options [~~available~~]:

Figure: 37 TAC §145.15(a)(2) (.pdf)

~~[(A) FI-1--Release the offender when eligible;]~~

[(B) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four (4) months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP);]

[(C) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9); or]

[(D) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18. In no event shall the specified date be set more than three (3) years from the current panel decision date.]

(3) If [~~it is determined that~~] circumstances do not support a favorable action upon review, the following table lists the Board's available voting options [~~are available~~]:

Figure: 37 TAC §145.15(a)(3) (.pdf)

~~[(A) NR (Month/Year)--Deny release and set the next review date for 36 or 60 months following the panel decision date; or]~~

~~[(B) SA--The offender's minimum or maximum expiration date is less than 60 months away. The offender will continue to serve their sentence until that date.]~~

(b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following table lists the Board's available voting options [~~are available to the Board panel~~]:

Figure: 37 TAC §145.15(b) (.pdf)

~~[(1) CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;]~~

~~[(2) CU/NR (Month/Year-Cause Number)- Deny release and set the next review date for 36 or 60 months following the panel decision date; or]~~

~~[(3) CU/SA (Month/Year-Cause Number)- Deny release and order serve-all if the offender is within 60 months of their maximum expiration date.]~~

(c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Before [~~Prior to~~] the offender reaches [~~reaching~~] the projected release date, the voting options are the same as those listed in subsection (a)(2) and (3) [~~subsections (a) and (b)~~] of this section. If the TDCJ-CID determines [~~that release of~~] the offender [~~will occur because the offender~~] will be released upon reaching [~~reach~~] the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision. The following table lists the Board's available voting [~~using the following~~] options:

Figure: 37 TAC §145.15(c) (.pdf)

~~[(1) RMS--Release to mandatory supervision; or]~~

[(2) DMS (Month/Year)--Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one (1) year from the panel decision date.]

[(d) The MRIS panel shall review identified offenders' cases that meet MRIS criteria established by statute and defined by TCOOMMI.]

[(1) The MRIS panel shall determine whether the identified offender constitutes a threat to public safety.]

[(2) The MRIS panel shall consider the following factors when making their determination:]

[(A) Criminal History.]

[(B) Disciplinary, behavioral, rehabilitative, and medical compliance.]

[(C) Victim/Trial Official information.]

[(D) Nature and onset of medical condition.]

[(E) Required medical treatment and care.]

[(F) Individual diagnosis to include likelihood of recovery.]

[(G) Any other relevant information.]

[(3) The MRIS panel shall use one of the following options: ]

[(A) Approve MRIS--The MRIS panel shall provide appropriate reasons for the decision to approve MRIS. The MRIS panel shall vote F1-1 and impose special condition "O.35".- "This condition specifies that the offender shall comply with the terms and conditions of the MRIS program and abide the TCOOMMI-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement or]

[(B) Deny MRIS--The MRIS panel shall provide appropriate reasons for the decision to deny MRIS.]

[(4) The decision to approve release to MRIS for an identified offender remains in effect until specifically withdrawn by a MRIS panel or the identified offender's status is revoked and returned to TDCJ-CID.]

[(5) When the Parole Division determines the MRIS offender's medical condition has improved such that the offender is no longer MRIS eligible, and the original parole eligibility date (PED) has been met, the MRIS panel may:]

[(A) withdraw the MRIS special condition, or]

[(B) continue the MRIS condition in effect; or]

[(C) impose any other condition the MRIS panel deems appropriate.]

[(6) If the MRIS offender violates their conditions of release that result in the issuance of a pre-revocation warrant, the MRIS offender shall adhere to the established pre-revocation process. However, the final determination of the MRIS offender shall be addressed by the MRIS panel.]

[(7) The MRIS panel shall endeavor to complete the voting of each terminally ill offender referral within 10 business days of receipt from TCOOMMI and all other referrals within 20 business days.]

[(e) If a request for a special review meets the criteria set forth in §145.17(f) of this title (relating to Action upon Special Review- Release Denied), the offender's case shall be sent to the special review panel.]

[(1) The special review panel may take action as set forth in §145.17(i) of this title.]

[(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full Board. The Presiding Officer shall determine the order of the voting panel. Voting options are the same as those in subsections (a) - (c) of this section.]

§145.17. Action upon Special Review--Release Denied.

(a) This rule provides a forum for receipt and consideration of information not previously available to the parole panel where the decision of the panel was to deny release to parole or mandatory supervision. If the denial decision was based upon erroneous information or an administrative [~~file~~] processing error, this rule does not apply.

(b) Requests for special review shall apply only to cases reviewed for release to parole or mandatory supervision where the decision of the parole panel was to deny release to parole or mandatory supervision.

(c) All requests for special review shall be in writing and signed by the offender, his or her attorney, or in cases where the offender is unable to sign due to a mental or physical impairment, by a person acting on his or her behalf.

(d) All requests for special review shall be submitted by electronic means or delivered to [~~filed with~~] the Texas Board of Pardons and Paroles as published on the Board's website[~~, Board Administrator, 8610 Shoal Creek Blvd., Austin, Texas 78757~~].

(e) The request that meets the criteria [~~Board Administrator~~] shall be referred [~~refer~~] to the special review parole panel. [~~only those requests for special review which meet the criteria set forth herein.~~]

(f) Requests for special review shall be considered in the following circumstances:

(1) a written request on behalf of an offender is received which cites information not previously available to the parole panel as defined in subsection (g) of this rule; or

(2) a parole panel denied release to parole or mandatory supervision and a parole panel member who voted with the majority on that panel desires to have the decision reconsidered prior to the next review (NR) date; or

(3) if both parole panel members who voted with the majority are no longer active Board Members or Parole Commissioners, the Presiding Officer [~~Chair~~] places the case in the special review process to be reconsidered prior to the NR date.

(g) Definitions. In this section:

(1) Information not previously available means [~~shall mean~~] only:

(A) [~~(1)~~] responses from trial officials and victims;

(B) [~~(2)~~] a change in an offender's sentence and judgment; or

(2) [~~(h)~~] Erroneous information means [~~shall mean~~] information provided to the parole panel during the review process that may have been utilized as a basis for denial but is later determined to be inaccurate; and [.]

(3) [~~(i)~~] Administrative processing error means [~~shall mean~~] an action during the processing of an offender's file that [~~which~~] results in the omission of or the recording of inaccurate information with respect to voting, denial reasons, or NR dates.

(h) [~~(j)~~] A special review parole panel, other than the current voting panel, shall decide and exercise final action on such requests for special review.

(i) [~~(k)~~] Upon considering a case for special review, the special review parole panel may take the following action:

(1) defer for request and receipt of further information;

(2) vote remain set; or

(3) revote the case in accordance with applicable provisions of Subchapter A of this chapter (relating to Parole Process).

(j) [~~(l)~~] The special review parole panel shall not set an offender's NR date on a date later than the previous NR date.

§145.18. Medically Recommended Intensive Supervision (MRIS) [~~Action upon Review; Extraordinary Vote (HB 1914)~~].

(a) An inmate, other than an inmate who is serving a sentence of death or life without parole or an inmate who is not a citizen of the United States, defined by federal law, may be released on MRIS.

[(a) This section applies to any offender convicted of or serving a sentence for a capital felony with a life sentence, who is eligible for parole, or convicted of or serving sentence for an offense under Section 22.021, Penal Code. All members of the Board shall vote on the release of an eligible offender. At least two-thirds of the members must vote favorably for the offender to be released to parole. Members of the Board shall not vote until they receive and review a copy of a written report from the TDCJ on the probability of the offender committing an offense after being released.]

[(1) Upon review, use of the full range of voting options is not conducive to determining whether two-thirds of the Board considers the offender ready for release to parole.]

[(2) If it is determined that circumstances favor the offender's release to parole the Board has the following voting options available:]

[(A) FI-1--Release the offender when eligible;]

[(B) FI-4 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than four months from specified date. Such TDCJ program shall be the Sex Offender Education Program (SOEP);]

[(C) FI-9 R (Month/Year)--Transfer to a TDCJ rehabilitation program. Release to parole only after program completion and not earlier than nine (9) months from specified date. Such TDCJ program shall be the Sex Offender Treatment Program (SOTP-9); or]

[(D) FI-18 R (Month/Year)--Transfer to a TDCJ rehabilitation treatment program. Release to parole only after program completion and no earlier than eighteen months from the specified date. Such TDCJ program may include the Sex Offender Treatment Program (SOTP-18). In no event shall the specified date be set more than three (3) years from the current panel decision date.]

[(3) If it is determined that circumstances do not support a favorable action upon review, the following options are available:]

[(A) NR (Month/Year)--Deny release and set the next review date for 36, 60, 84 or 120 months following the panel decision date; or]

[(B) SA--The offender's minimum or maximum expiration date is less than 120 months away. The offender will continue to serve their sentence until that date.]

[(b) If the offender is sentenced to serve consecutive sentences and each sentence in the series is for an offense committed on or after September 1, 1987, the following voting options are available to the Board panel:]

[(1) CU/FI (Month/Year-Cause Number)--A favorable parole action that designates the date an offender would have been released if the offender had been sentenced to serve a single sentence;]

[(2) CU/NR (Month/Year-Cause Number)-- Deny release and set the next review date for 60, 84 or 120 months following the panel decision date; or]

[(3) CU/SA (Month/Year-Cause Number)-- Deny release and order serve-all if the offender is within 120 months of their maximum expiration date.]

[(c) Some offenders are eligible for consideration for release to Discretionary Mandatory Supervision if the sentence is for an offense committed on or after September 1, 1996. Prior to the offender reaching the projected release date, the voting options are the same as those listed in subsections (a) and (b) of this section. If the TDCJ-CID determines that release of the offender will occur because the offender will reach the projected release date, the case shall be referred to a three-member parole panel within 30 days of the offender's projected release date for consideration for release to mandatory supervision using the following options:]

[(1) RMS--Release to mandatory supervision; or]

[(2) DMS (Month/Year)--Deny release to mandatory supervision and set for review on a future specific month and year. The next mandatory supervision review date shall be set one year from the panel decision date.]

(b) [~~(d)~~] The MRIS panel shall review identified offenders' cases that meet MRIS criteria established by statute and identified [~~defined~~] by TCOOMMI.

(1) The MRIS panel shall determine whether the TCOOMMI identified offender constitutes a threat to public safety after[.]

[~~(2)~~] considering [~~The MRIS panel shall consider~~] the following factors [~~when making their determination~~]:

(A) Criminal History;[.]

(B) Disciplinary, behavioral, rehabilitative, and medical compliance;[.]

(D) Nature and onset of medical condition;[.]

(E) Required medical treatment and care;[.]

(F) Individual diagnosis to include likelihood of recovery; and[.]

(G) Any other relevant information.

(2) [~~(3)~~] The [~~MRIS panel shall use one of the~~] following table lists the available voting options for the MRIS panel:

Figure: 37 TAC §145.18(b)(2) (.pdf)

[(A) Approve MRIS--The MRIS panel shall provide appropriate reasons for the decision to approve MRIS. The MRIS panel shall vote F1-1 and impose special condition "O.35".- "This condition specifies that the offender shall comply with the terms and conditions of the MRIS program and abide by TCOOMMI-approved release plan. At any time this condition is in effect, an offender shall remain under the care of a physician and in a medically suitable placement or]

~~[(B) Deny MRIS--The MRIS panel shall provide appropriate reasons for the decision to deny MRIS].~~

[(4) The decision to approve release to MRIS for an identified offender remains in effect until specifically withdrawn by a MRIS panel or the identified offenders' status is revoked and returned to TDCJ-CID.]

[(5) When the Parole Division determines the MRIS offender's medical condition has improved such that the offender is no longer MRIS eligible, and the original parole eligibility date (PED) has been met, the MRIS panel may:]

[(A) withdraw the MRIS special condition, or]

[(B) continue the MRIS condition in effect; or]

[(C) impose any other condition the MRIS panel deems appropriate.]

[(6) If the MRIS offender violates their conditions of release that result in the issuance of a pre-revocation warrant, the MRIS offender shall adhere to the established pre-revocation process. However, the final determination of the MRIS offender shall be addressed by the MRIS panel.]

[(7) The MRIS panel shall endeavor to complete the voting of each terminally ill offender referral within 10 business days of receipt from TCOOMMI and all other referrals within 20 business days.]

[(e) If a request for a special review meets the criteria set forth in §145.17(f) of this title (relating to Action upon Special Review--Release Denied), the offender's case shall be sent to the special review panel.]

[(1) The special review panel may take action as set forth in §145.17(i) of this title.]

[(2) When the special review panel decides the offender's case warrants a special review, the case shall be re-voted by the full Board. The Presiding Officer shall determine the order of the voting panel. Voting options are the same as those in subsections (a) - (c) of this section.]

§145.20. Parole Certificate.

(a) When the parole plan has been approved, a parole certificate shall be issued and signed with a digital [~~facsimile~~] signature of the Chair.

(b) The parole approval is not effective or final until a formal parole agreement is executed by the offender. The approval may be withdrawn by a parole panel at any time prior to the acceptance and execution by the offender of the formal parole agreement(s) which is contained in the parole certificate.

(c) The parole certificate shall not become effective and in force until the conditions are agreed to, signed, and accepted by the offender.

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 August 21, 2026.

TRD-202603680

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

SUBCHAPTER B. TERMS AND CONDITIONS OF PAROLE

37 TAC §145.22

The Texas Board of Pardons and Paroles proposes amendments to 37 TAC Chapter 145, §145.22, Subchapter B, concerning terms and conditions of parole. The amendments are proposed to consolidate rules and to promote simplicity and clarity.

Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

No other statutes, articles or codes are affected by these amendments.

§145.22. Conditions and Rules of Parole.

(a) Every offender approved for release on parole shall be issued a written statement listing the conditions and rules of parole in clear and intelligible language. The conditions and rules of parole must be agreed to and accepted by the offender prior to release. The offender may have additional conditions imposed by the parole panel after release, and shall be notified in writing of any such conditions.

(b) Continuance on parole is conditioned upon full compliance with all the conditions and rules of parole as imposed by the parole panel.

(c) The parole panel shall not impose as a condition for release to parole that the offender be released only to a state other than the State of Texas.

(d) Texas offenders accepted for supervision in other states and offenders accepted in Texas for supervision by the Division under the terms of the Interstate Parole Compact (Chapter 510, Government Code) are required to abide by the rules of parole for both the sending and the receiving state.

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 August 21, 2026.

TRD-202603681

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

37 TAC §145.23, §145.24

The Texas Board of Pardons and Paroles proposes the repeal to 37 TAC Chapter 145, §145.23 and §145.24, Subchapter B, concerning terms and conditions of parole. The proposed repeal is the result of a review that concluded the language of the two rules will be consolidated into another rule.

Ms. Moberley also has determined that for each year of the first five years the proposed repeals are in effect, the public benefit anticipated as a result of enforcing the repeals will be to reduce the number of times victims will be notified of the parole panel’s reconsideration of an offender’s parole review. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the repeals as proposed. No regulatory flexibility analysis required by HB 3430 is necessary.

Comments should be directed to Bettie Wells, General Counsel, Texas Board of Pardons and Paroles, 209 W. 14th Street, Suite 500, Austin, Texas 78701, or by e-mail to bettie.wells@tdcj.state.tx.us. Written comments from the general public should be received within 30 days of the publication of this proposal.

The repeals are proposed under §§508.036 and 508.0441, Texas Government Code. Section 508.036 requires the board to adopt rules relating to the decision-making processes used by the board and parole panels; and §508.0441 provides the board with the authority to consider and order release on parole or mandatory supervision.

No other statutes, articles or codes are affected by these repeals.

§145.23. Texas Offenders Supervised in Other States.

§145.24. Out-of-State Offenders Supervised in Texas.

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 August 24, 2026.

TRD-202603730

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

CHAPTER 149. MANDATORY SUPERVISION

SUBCHAPTER B. SELECTION FOR MANDATORY SUPERVISION

37 TAC §149.16

The Texas Board of Pardons and Paroles proposed amendments to 37 TAC Chapter 149, Subchapter B, §149.16, Mandatory Release Certificate. The amendments to §149.16 are proposed to conform with protocol and provide for clarity and simplicity.

Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to this section will be to promote consistency and uniformity in the Board’s rules. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules’ applicability; and will not positively or adversely affect this state’s economy.

No other statutes, articles, or codes are affected by these amendments.

§149.16. Mandatory Release Certificate.

(a) When a mandatory release plan has been approved, a mandatory release certificate shall be issued and signed with a digital [~~facsimile~~] signature of the Chair.

(b) The approval of discretionary mandatory supervision may be withdrawn by the parole panel prior to the release of the offender.

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 August 21, 2026.

TRD-202603682

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

CHAPTER 150. MEMORANDUM OF UNDERSTANDING AND BOARD POLICY STATEMENTS

SUBCHAPTER A. PUBLISHED POLICIES OF THE BOARD

37 TAC §150.55

The Texas Board of Pardons and Paroles proposed amendments to 37 TAC Chapter 150, Subchapter A, §150.55 concerning Conflict of Interest Policy. The amendments to §150.55 are proposed to provide edits for clarity and simplicity.

Ms. Moberley also has determined that during the first five years the proposed amendments are in effect, the public benefit anticipated as a result of enforcing the amendments to this section will be to promote consistency and uniformity in the Board's rules. There will be no effect on small businesses, micro-businesses or rural areas. There is no anticipated economic cost to persons required to comply with the amended rules as proposed. The amendments will not create or eliminate a government program; will not require the creation or elimination of employee positions; will not require an increase or decrease in future legislative appropriations to the agency; will not require an increase or decrease in fees paid to the agency; does not create a new regulation; does not expand, limit, or repeal an existing regulation; will not increase or decrease the number of individuals subject to the rules' applicability; and will not positively or adversely affect this state's economy.

The amended rules are proposed under Subtitle B, Ethics, Chapter 572 and Sections §§508.0441 and 508.035, Government Code. Subtitle B, Ethics, Chapter 572 is the ethics policy of this state for state officers or state employees. Section 508.0441 requires the Board to implement a policy which, clearly defines under what circumstances a Board member or parole commissioner should disqualify themselves on parole or mandatory supervision decisions. Section 508.035, Government Code requires the Presiding Officer to establish policies and procedures to further the efficient administration of the business of the Board.

No other statutes, articles, or codes are affected by these amendments.

§150.55. Conflict of Interest Policy.

(a) Section 1--Policy.

(1) It is the policy of the Board that no Board Member or Parole Commissioner shall have any interest, financial or otherwise, direct or indirect; or engage in any business transaction or professional activity or incur any obligation of any nature that is in substantial conflict with the proper discharge of their duties in the public interest. In implementing this policy, they are provided the following standards of conduct, disclosure, and disqualification to be observed in the performance of their official duties.

(2) A Board Member or Parole Commissioner shall respect and comply with the law and not allow their family, social, or other relationships to influence their conduct, decisions, or judgment.

(b) Section 2--Disclosure.

(1) A Board Member or Parole Commissioner shall submit generally, and on a case-by-case basis, written notice to the Presiding Officer (Chair) of any substantial interest held by the Board Member or Parole Commissioner in a business entity doing business with the Board of Criminal Justice, TDCJ, or the Board.

(2) A Board Member or Parole Commissioner having a personal or private interest in any measure, proposal, or decision pending before the Board (including parole and discretionary mandatory supervision release decisions) shall immediately notify the Chair in writing of such interest. The Chair shall publicly disclose the Board Member's or Parole Commissioner's interest to the Board in a meeting of the Board. The Board Member or Parole Commissioner shall not vote or otherwise participate in the decision. The disclosure shall be entered into the minutes or official record of the meeting.

(3) A Board Member or Parole Commissioner shall consider the possibility that they have a conflict of interest before making any decision or vote.

(4) If a Board Member or Parole Commissioner is uncertain whether any part of the conflict-of-interest policy applies to them in a specific matter, they shall request the General Counsel of the Board to determine whether a disqualifying conflict of interest exists.

(1) No Board Member or Parole Commissioner shall accept or solicit any gift, favor, or service that may reasonably tend to influence them in the discharge of their official duties or that they know or should know is being offered with the intent to influence their official conduct.

(2) No Board Member or Parole Commissioner shall accept employment or engage in any business or professional activity which they might reasonably expect would require or induce them to disclose confidential information acquired by reason of their official position.

(3) No Board Member or Parole Commissioner shall accept other employment or compensation that could reasonably be expected to impair their independence of judgment in the performance of their official duties.

(4) No Board Member or Parole Commissioner shall make personal investments that could reasonably be expected to create a substantial conflict between their private interest and the public interest.

(5) No Board Member or Parole Commissioner shall intentionally or knowingly solicit, accept, or agree to accept any benefit for having exercised their official powers or performed their official duties in favor of another.

(d) Section 4--Recusal and Disqualification.

(1) Recusal. A Board Member shall recuse themself from voting on all clemency matters, and a Board Member or Parole Commissioner shall recuse themself from voting on all decisions to release on parole or discretionary mandatory supervision, and decisions to continue, modify, or revoke parole or mandatory supervision when:

(A) they know that individually or as a fiduciary, they have an interest in the subject matter before them; or

(B) the Board Member or Parole Commissioner or their spouse is related by affinity or consanguinity within the third degree to a person who is the subject of the decision before them.

(2) Disqualification. A Board Member shall disqualify themself from voting on all clemency matters, and a Board Member or Parole Commissioner shall disqualify themself from voting on all decisions to release on parole or discretionary mandatory supervision, and decisions to continue, modify, or revoke parole or mandatory supervision when:

(A) their impartiality might reasonably be questioned;

(B) they have a personal bias or prejudice concerning the subject matter or person in the decision before them; or

(C) they were a complainant, a material witness, or served as counsel for the state or the defense in the prosecution of the subject of the parole decision or revocation decision before them.

(e) Section 5--Documentation.

(1) A Board Member or Parole Commissioner shall notify the Chair and General Counsel in writing when they recuse or disqualify themself from voting;

(2) A Board Member or Parole Commissioner shall provide the specific reason for disqualification or recusal;

(3) A Board Member or Parole Commissioner shall document the recusal or disqualification on the minute sheet of the offender's file; and

(4) A Board Member or Parole Commissioner shall place the written notification in the offender's file.

(f) Any written notice, signature, or documentation required by this section, including notices to the Chair and General Counsel under subsection (e) of this section and entries on the minute sheet, may be provided or made by electronic means.

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 August 21, 2026.

TRD-202603683

Richard Gamboa

Technical Writer III

Texas Board of Pardons and Paroles

Earliest possible date of adoption: October 4, 2026

For further information, please call: (512) 406-5309

PART 15. TEXAS FORENSIC SCIENCE COMMISSION

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

SUBCHAPTER C. FORENSIC ANALYST LICENSING PROGRAM

37 TAC §651.219

The Texas Forensic Science Commission (Commission) proposes an amendment to rule 37 Texas Administrative Code §651.219, Code of Professional Responsibility to clarify that Section 651.219(b)(15) requiring licensed individuals to communicate honestly and fully with all parties including investigators, prosecutors, defense attorneys, and other expert witnesses, unless prohibited by law also applies to communications with the Commission. This amendment is necessary to reflect a rule proposal made by the Commission at its July 31, 2026 quarterly meeting.

Reasoned Justification for Rule Amendment. The rule amendment clarifies that a particular section of the Commission's Code of Professional Responsibility (§651.219(b)(15)) requires licensed individuals to communicate honestly and fully with the Commission. The language of this section implied, but did not expressly state, that misrepresentations to the Commission could constitute a violation of the Code of Professional Responsibility. The rule change makes the requirement clear and unequivocal.

One-for-One Rule Requirement for Rules with a Fiscal Impact. Because Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that the rules do not have a fiscal impact that imposes a cost on a regulated person, including another state agency, a special district, or a local government, the agency is not required to take further action under Government Code § 2001.0045.

Fiscal Note. Ms. Tomlin has determined that for each year of the first five years the proposed amendment will be in effect, there will be no fiscal impact to state or local governments as a result of the enforcement or administration of the amendment.

Rural Impact Statement. The Commission expects no adverse economic effect on rural communities as the proposed amendment does not impose any direct costs or fees on municipalities in rural communities.

Public Benefit/Cost Note. Ms. Tomlin has also determined that for each year of the first five years the proposed amendment is in effect, the anticipated public benefit is clarity as to the obligations of licensed individuals related their communications with parties expressly includes the Commission.

Economic Impact Statement and Regulatory Flexibility Analysis for Small and Micro Businesses. As required by the Government Code §2006.002(c) and (f), Ms. Tomlin has determined that the proposed amendment will not have an adverse economic effect on any small or micro business because the rule does not impose any economic costs to these businesses.

Takings Impact Assessment. Ms. Tomlin has determined that no private real property interests are affected by this proposal and that this proposal does not restrict or limit an owner's right to property that would otherwise exist in the absence of government action and, therefore, does not constitute a taking or require a takings impact assessment under the Government Code §2007.043.

Environmental Rule Analysis. Ms. Tomlin has determined that the proposed rule is not brought with the specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that this proposed rule is not a "major environmental rule," as defined by Government Code § 2001.0225. As a result, the Commission asserts that the preparation of an environmental impact analysis, as provided by Government Code §2001.0225, is not required.

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendment will have no government growth impact as described in Title 34, Part 1, Texas Administrative Code §11.1. Pursuant to the analysis required by Government Code 2001.221(b): (1) the proposed amendment does not create or eliminate a government program; (2) implementation of the proposed amendment does not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the proposed amendment does not increase or decrease future legislative appropriations to the agency; (4) the proposed amendment does not require a fee; (5) the proposed amendment does not create a new regulation; (6) the proposed amendment does not expand, limit, or repeal an existing regulation; (7) the proposed amendment does not increase the number of individuals subject to regulation; and (8) the proposed amendment has a neutral effect on the state's economy.

Requirement for Rule Increasing Costs to Regulated Persons. Ms. Tomlin has determined that there are no anticipated increased costs to regulated persons as the proposed amendment does not impose any fees or costs.

Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1700 North Congress Avenue, Suite 445, Austin, Texas 78701 or leigh@fsc.texas.gov. Comments must be received by October 6, 2026 to be considered by the Commission.

Statutory Authority. The amendment is made in accordance with the Commission's licensing authority under Code of Criminal Procedure, Art. 38.01 §4-a, which provides that the Commission may establish qualifications for a forensic analyst license, and the Commission's rulemaking authority under Art. 38.01 §3-a, which directs the Commission to adopt rules necessary to implement Code of Criminal Procedure, Art. 38.01.

Cross reference to statute. The proposal affects Code of Criminal Procedure, Article 38.01.

§651.219. Code of Professional Responsibility.

(a) Code of Professional Responsibility for Forensic Analysts, Forensic Technicians, and Crime Laboratory Management Subject to the Jurisdiction of the Texas Forensic Science Commission. The Code of Professional Responsibility ("Code") for forensic analysts, forensic technicians, and crime laboratory management defines a framework for promoting integrity and respect for the scientific process and encouraging transparency in forensic analysis. Forensic analysts, forensic technicians, and crime laboratory management subject to the Commission's jurisdiction are expected to abide by this Code in all forensic science-related professional activities regardless of the geographic location where the activities are performed. Because certain components of the Code are best suited to individual forensic analysts or technicians while others are best suited to crime laboratory management, the Code is divided into two sections.

(b) Each person licensed by the Commission shall:

(1) Accurately represent his/her education, training, experience, and areas of expertise.

(2) Commit to continuous learning in the forensic disciplines and stay abreast of new findings, equipment and techniques to maintain professional competency.

(3) Promote validation and incorporation of new technologies, guarding against the use of non-valid methods in casework and the misapplication of validated methods.

(4) Avoid tampering, adulteration, loss, or unnecessary consumption of evidentiary materials.

(5) Avoid participation in any case where there are personal, financial, employment-related or other conflicts of interest.

(6) Conduct thorough, fair and unbiased examinations, leading to independent, impartial, and objective opinions and conclusions.

(7) Make and retain full, contemporaneous, clear and accurate written records of all examinations and tests conducted and conclusions drawn, in sufficient detail to allow meaningful review and assessment by an independent person competent in the field.

(8) Base conclusions on procedures supported by sufficient data, standards and controls, not on political pressure or other outside influence.

(9) Not offer opinions or conclusions that are outside one's expertise.

(10) Prepare reports in clear terms, distinguishing data from interpretations and opinions, and disclosing any relevant limitations to guard against making invalid inferences or misleading the judge or jury.

(11) Not issue reports or other records, or withhold information from reports for strategic or tactical litigation advantage.

(12) Present accurate and complete data in reports, oral and written presentations and testimony based on good scientific practices and valid methods.

(13) Testify in a manner which is clear, straightforward and objective, and avoid phrasing testimony in an ambiguous, biased or misleading manner.

(14) Retain any record, item or object related to a case, such as work notes, data, and peer or technical review information due to potential evidentiary value and pursuant to the laboratory's retention policy.

(15) Communicate honestly and fully with all parties (investigators, prosecutors, defense attorneys, [~~and~~] other expert witnesses, and the Commission), unless prohibited by law.

(16) Document and notify management or quality assurance personnel of adverse events, such as an unintended mistake or a breach of ethical, legal, scientific standards, or questionable conduct.

(17) Ensure reporting, through proper management channels, to all impacted scientific and legal parties of any adverse event that affects a previously issued report or testimony.

(c) Members of management in crime laboratories that perform forensic analysis for which accreditation is required shall:

(1) Encourage a quality-focused culture that embraces transparency, accountability and continuing education while resisting individual blame or scapegoating.

(2) Provide opportunities for forensic analysts to stay abreast of new scientific findings, technology and techniques while guarding against the use of non-valid methods in casework, the misapplication of validated methods or improper testimony regarding a particular analytical method or result.

(3) Maintain case retention and management policies and systems based on the presumption that there is potential evidentiary value for any information related to a case, including work notes, analytical and validation data, and peer or technical review.

(4) Provide clear communication and reporting systems through which forensic analysts may report to management non-conformities in the quality system and other adverse events, such as an unintended mistake or a breach of ethical, legal, scientific standards, or questionable conduct.

(5) Make timely and full disclosure to the Texas Forensic Science Commission of any non-conformance that may rise to the level of professional negligence or professional misconduct.

(6) Provide copies of all substantive communications with the laboratory's national accrediting body to the Commission.

(7) For any laboratory that performs forensic analysis on behalf of the State of Texas, develop and follow a written forensic disclosure compliance policy for the purpose of ensuring the laboratory's compliance with article 39.14 of the Texas Code of Criminal Procedure.

(8) Ensure the laboratory's forensic disclosure policy provides clear instructions for identifying and disclosing any exculpatory, impeachment, or mitigating document, item, or information in the possession, custody, or control of the laboratory. The policy should explicitly address how to inform potentially affected recipients of any non-conformances or breaches of law or ethical standards that may adversely affect either a current case or a previously issued report or testimony.

(9) Inform all forensic analysts working on behalf of the laboratory that they may report allegations of professional negligence or professional misconduct to the Texas Forensic Science Commission without fear of adverse employment consequences.

(d) Code of Professional Responsibility Applicability to Crime Laboratory Managers at Entities Not Subject to Accreditation Requirements. Crime laboratory managers at entities that perform testing limited to forensic examinations or tests not subject to accreditation as described by Article 38.35(a)(4)(A), (B), (C), or (D), of the Code of Criminal Procedure are not subject to this section.

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 August 20, 2026.

TRD-202603656

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: October 4, 2026

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

SUBCHAPTER H. DEPARTMENT OF PUBLIC SAFETY CRIME LABORATORY RECORDS PORTAL COMPLIANCE

37 TAC §§651.701 - 651.703

The Texas Forensic Science Commission (Commission) proposes new Subchapter H, Department of Public Safety Crime Laboratory Portal Compliance, to establish new rules (1) §651.701 Purpose; (2) §651.702 Definitions; and (3) §651.703 Disciplinary Action for Violation.

Background and Justification. Proposed new Subchapter H implements Senate Bill 991 (SB 991), enacted by the 88th Texas Legislature. SB 991 established a statewide requirement for certain crime laboratory records to be requested, exchanged, and transferred through a crime laboratory records portal established by the Department of Public Safety (DPS or the Department). The requirement for DPS to establish the portal was codified in Government Code §411.162. Senate Bill 991 further directs the Commission to establish a disciplinary process for accredited crime laboratories that fail to comply with portal participation requirements. This authority is now codified in Government Code §411.163(b). The legislation provides that a violation of the portal participation requirement is subject to disciplinary action by the Commission in the same manner as a violation of accreditation standards under Article 38.01, Code of Criminal Procedure. Proposed Subchapter H is therefore necessary to establish a clear enforcement framework and to ensure compliance with the statutory requirements governing participation in the DPS crime laboratory records portal.

Fiscal Note. Leigh M. Tomlin, Associate General Counsel of the Commission, has determined that, for each year of the first five years the proposed new rules will be in effect, there will be no fiscal implications for state or local government as a result of enforcing or administering the proposed rules. Funding for the establishment and implementation of the Crime Laboratory Records Connect (CLR Connect) portal has been provided by legislative appropriation to DPS. The Department has also adopted implementation requirements designed to accommodate varying technological capabilities among participating crime laboratories, including smaller state and local laboratories. The proposed rules are specific to disciplinary action for failure to participate and do not create any new fees, fines, or other direct financial obligations. Rather, they provide clarity regarding the consequences for accredited crime laboratories if they fail to participate, consistent with the Commission's existing enforcement authority.

Local Employment Impact Statement. Pursuant to Texas Government Code §2001.022, the proposed new rules have no effect on the local economy; therefore, no local employment impact statement is required under Texas Government Code §2001.022.

Probable Economic Costs to Persons Required to Comply with Proposal. The proposal does not impose a cost on regulated persons, another state agency, a special district, or a local government and, therefore, is not subject to Texas Government Code §2001.0045. Funding for the establishment and implementation of the Crime Laboratory Records Connect (CLR Connect) portal has been provided by legislative appropriation to DPS. The Department has also adopted implementation requirements designed to accommodate varying technological capabilities among participating crime laboratories, including smaller state and local laboratories. The proposed new rules do not create any new fees, fines, or other direct financial obligations. Rather, they provide for accreditation-related disciplinary actions, including denial, suspension, or revocation of accreditation, consistent with the Commission's existing enforcement authority.

Public Benefit. Ms. Tomlin has also determined that, for each year of the first five years the proposed rules will be in effect, the anticipated public benefit will be enhanced efficiency, transparency, and compliance in the criminal discovery process through the standardized electronic exchange of crime laboratory records. The proposed new subchapter supports the State's implementation of DPS's CLR Connect portal and facilitates the timely transfer of records among accredited crime laboratories, prosecutors, defense attorneys, and other authorized parties under Article 39.14, Code of Criminal Procedure. The proposed rules also assist in ensuring consistent compliance with applicable discovery and disclosure requirements under Article 39.14 and implement the Legislature's directive that the Commission enforce participation in CLR Connect.

Fiscal Impact on Small and Micro-businesses and Rural Communities. There is no adverse economic effect anticipated for small businesses, micro-businesses, or rural communities as a result of implementing the proposed rules. Accordingly, no economic impact statement or regulatory flexibility analysis is required under Texas Government Code §2006.002(c).

Government Growth Impact Statement. Ms. Tomlin has determined that for the first five-year period, implementation of the proposed amendments will have minimal government growth impact. Pursuant to the analysis required by Government Code Section 2001.221(b): (1) the proposed rules do not create or eliminate a government program; (2) implementation of the proposed rules do not require the creation of new employee positions or the elimination of existing employee positions; (3) implementation of the proposed rules do not increase or decrease future legislative appropriations to the agency; (4) the proposed rule changes do not require any fees; (5) the proposed rules create new disciplinary actions by the Commission necessary to ensure compliance with DPS's CLR Connect portal established to facilitate the efficient request, exchange and transfer of crime laboratory records; (6) the proposed rules does not expand, limit, or repeal an existing regulation; (7) the proposed rules do not increase or decrease the number of individuals subject to the rules' applicability; and (8) the proposed rules have no effect on the state's economy.

Environmental Rule Analysis. The Commission has determined that the proposed rules are not brought with specific intent to protect the environment or reduce risks to human health from environmental exposure; thus, the Commission asserts that the proposed rules are not a "major environmental rule," as defined in Government Code §2001.0225. As a result, the Commission asserts the preparation of an environmental impact analysis, as provided by §2001.0225, is not required.

Request for Public Comment. The Commission invites comments on the proposal from any member of the public. Please submit comments to Leigh M. Tomlin, 1701 North Congress Avenue, Suite 6-107, Austin, Texas 78701 or leigh.tomlin@fsc.texas.gov. Comments must be received by October 6, 2026 to be considered by the Commission.

Statutory Authority. The Commission proposes new subchapter H under Code of Criminal Procedure, Article 38.01 §3-a, the Commission's general rulemaking authority, and under Government Code §411.163(b), which requires the Commission to establish disciplinary action for crime laboratory noncompliance with Government Code §411.163(a).

Cross reference to statute. The proposal affects Government Code §§411.162-411.163.

§651.701. Purpose.

Generally. This subchapter contains the Texas Forensic Science Commission's (Commission) rules adopted pursuant to Government Code §411.163(b), which requires the Commission, in the event of crime laboratory noncompliance with the Department of Public Safety's crime laboratory records connect portal rules established pursuant to Government Code §411.163(a), to discipline a crime laboratory in the same manner as if the laboratory had otherwise violated accreditation standards under Code of Criminal Procedure, Article 38.01.

§651.702. Definitions.

(a) "Crime laboratory" means a crime laboratory, as that term is defined by Article 38.35, Code of Criminal Procedure, that has been accredited by the Commission.

(b) "Criminal action" has the meaning assigned by Article 38.35, Code of Criminal Procedure.

§651.703. Compliance and Disciplinary Action for Violation.

(a) Compliance. Unless otherwise exempted by the Department of Public Safety, a crime laboratory that performs a forensic analysis for use in a criminal action shall participate, in accordance with Government Code §411.162 and Department of Public Safety rule, in the Crime Laboratory Records Connect (CLR Connect) portal, which facilitates the process for requesting and transferring crime laboratory records among crime laboratories, attorneys representing the state, and parties authorized to access the records under Article 39.14, Code of Criminal Procedure.

(b) Violation. A crime laboratory required to participate in CLR Connect that fails to do so is subject to disciplinary action by the Commission in the same manner as if the laboratory had otherwise violated accreditation standards under Code of Criminal Procedure, Article 38.01.

(1) Process for Initiating Disciplinary Action. If the Department of Public Safety informs the Commission of a fact or circumstance indicating a laboratory has failed to comply with Government Code §411.163, the Commission may take any of the following actions:

(A) send a letter to the laboratory that:

(i) requests an immediate response and explanation of the failure to comply;

(ii) requires the laboratory to provide a written plan outlining how it will comply and on what timeline;

(iii) sets a deadline by which compliance must occur for the laboratory to avoid disciplinary action;

(iv) explains the action that will be taken by the Commission for continued failure to comply; or

(B) any other actions deemed appropriate by the Commission to ensure compliance.

(2) Withdrawal, Suspension, or Denial of Accreditation for Violation. The Commission, by a majority vote of a quorum of Commission members, may withdraw, suspend, or deny the accreditation of a laboratory, discipline, or subdiscipline if the laboratory violates subsection (a) of this section and fails to respond in a timely and satisfactory manner to a letter sent by the Commission to the laboratory under paragraph (1)(A) of this subsection.

(3) Reinstatement of Accreditation. A laboratory that has had its accreditation withdrawn or suspended under paragraph (2) of this subsection may have its accreditation reinstated by the Commission:

(A) if the laboratory demonstrates resolution or pending resolution of the non-compliance or other violation identified by the Department of Public Safety; or

(B) the Commission or its Designee determines the laboratory has provided a plan for future implementation on a timeline sufficient to ensure compliance.

(d) Records. The Commission may maintain a public record of a laboratory's accreditation or approval status.

(1) The Commission may maintain in the public record a notation of an action taken under this subchapter, including a question, complaint or audit.

(2) A question, complaint, or audit is public information when in the possession of the Commission except as provided by the Code of Criminal Procedure Article 38.01 §10 or other applicable law.

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 August 20, 2026.

TRD-202603658

Leigh Tomlin

Associate General Counsel

Texas Forensic Science Commission

Earliest possible date of adoption: October 4, 2026

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