reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0094. Exclusion of Jails or Correctional Facilities Housing Only Federal Prisoners

Sec. 511.0094.  EXCLUSION OF JAILS OR CORRECTIONAL FACILITIES HOUSING ONLY FEDERAL PRISONERS.  The provisions of this chapter do not apply to a correctional facility contracting to house only federal prisoners and operating pursuant to a contract between a unit of the federal government and a county, a municipality, or a private vendor.  If a county, municipality, or private vendor contracts to house or begins to house state, county, or municipal prisoners or prisoners of another state of the United States, it shall report to the commission before placing such inmates in a correctional facility housing only federal prisoners.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1, 1997.  Amended by Acts 2003, 78th Leg., ch. 755, Sec. 1, eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0095. Authority to House Out-of-State Inmates

Sec. 511.0095.  AUTHORITY TO HOUSE OUT-OF-STATE INMATES.  Nothing in this chapter shall be construed to limit the authority of the state granted under Article 42.19, Code of Criminal Procedure, or other applicable law to house in this state inmates convicted of offenses committed against the laws of another state of the United States.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0096. Termination of Contracts for Out-of-State Inmates

Sec. 511.0096.  TERMINATION OF CONTRACTS FOR OUT-OF-STATE INMATES.  The commission may require the receiving facility to terminate a contract under Section 511.0092(d)(6), if the commission determines that the receiving facility is needed to house inmates convicted of offenses against the laws of the state and funds have been appropriated by the state to compensate the receiving facility for the incarceration of the inmates.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0097. Fire Sprinkler Head Inspection

Sec. 511.0097.  FIRE SPRINKLER HEAD INSPECTION.  (a)  On the request of a sheriff, the commission shall inspect a facility to determine whether there are areas in the facility in which fire sprinkler heads should not be placed as a fire prevention measure.  In making a decision under this section, the commission shall consider:
(1)  the numbers and types of inmates having access to the area;
(2)  the likelihood that an inmate will attempt to vandalize the fire sprinkler system or commit suicide by hanging from a sprinkler head;  and
(3)  the suitability of other types of fire prevention and smoke dispersal devices available for use in the area.
(b)  If the commission determines that fire sprinkler heads should not be placed in a particular area within a facility, neither a county fire marshal nor a municipal officer charged with enforcing ordinances related to fire safety may require the sheriff to install sprinkler heads in that area.
Added by Acts 2003, 78th Leg., ch. 1276, Sec. 9.008(a), eff. Sept. 1, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0098. Prisoner Health Benefits Coverage Information; Payment for Mental Health Services

Sec. 511.0098.  PRISONER HEALTH BENEFITS COVERAGE INFORMATION; PAYMENT FOR MENTAL HEALTH SERVICES.  (a)  The commission shall adopt procedures by which a local mental health authority or other mental health services provider providing services to a prisoner in a county jail under a contract with the county may collect the following from a prisoner who receives those services and is covered by health insurance or other health benefits coverage:
(1)  the name of the policyholder or group contract holder;
(2)  the number of the policy or evidence of coverage;
(3)  a copy of the health coverage membership card, if available; and
(4)  any other information necessary for the prisoner to obtain benefits under the coverage.
(b)  A local mental health authority or other mental health services provider who provides mental health services to a prisoner under a contract with a county may arrange for the issuer of the health insurance policy or other health benefits coverage to pay for those services.
Added by Acts 2019, 86th Leg., R.S., Ch. 1195 (H.B. 4559), Sec. 1, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.010. Gathering of Information

Sec. 511.010.  GATHERING OF INFORMATION.  (a)  The commission shall be granted access at any reasonable time to a county jail and to books, records, and data relating to a county jail that the commission or executive director considers necessary to administer the commission's functions, powers, and duties.
(b)  The county commissioners and sheriff of each county shall furnish the commission, a member of the commission, the executive director, or an employee designated by the executive director any information that the requesting person states is necessary for the commission to:
(1)  discharge its functions, powers, and duties;
(2)  determine whether the commission's rules are being observed or whether its orders are being obeyed;  and
(3)  otherwise implement this chapter.
(c)  To carry out its functions, powers, and duties, the commission may:
(1)  issue subpoenas and subpoenas duces tecum to compel attendance of witnesses and the production of books, records, and documents;
(2)  administer oaths;  and
(3)  take testimony concerning all matters within its jurisdiction.
(d)  The commission is not bound by strict rules of evidence or procedure in the conduct of its proceedings, but its determinations must be founded on sufficient legal evidence.
(e)  The commission may delegate to the executive director the authority conferred by this section.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0101. Jail Population Reports

Sec. 511.0101.  JAIL POPULATION REPORTS.  (a)  Each county shall submit to the commission on or before the fifth day of each month a report containing the following information:
(1)  the number of prisoners confined in the county jail on the first day of the month, classified on the basis of the following categories:
(A)  total prisoners;
(B)  pretrial Class C misdemeanor offenders;
(C)  pretrial Class A and B misdemeanor offenders;
(D)  convicted misdemeanor offenders;
(E)  felony offenders whose penalty has been reduced to a misdemeanor;
(F)  pretrial felony offenders;
(G)  convicted felony offenders;
(H)  prisoners detained on bench warrants;
(I)  prisoners detained for parole violations;
(J)  prisoners detained for federal officers;
(K)  prisoners awaiting transfer to the institutional division of the Texas Department of Criminal Justice following conviction of a felony or revocation of probation, parole, or release on mandatory supervision and for whom paperwork and processing required for transfer have been completed;
(L)  prisoners detained after having been transferred from another jail and for whom the commission has made a payment under Subchapter F, Chapter 499, Government Code;
(M)  prisoners for whom an immigration detainer has been issued by United States Immigration and Customs Enforcement;
(N)  female prisoners; and
(O)  other prisoners;
(2)  the total capacity of the county jail on the first day of the month;
(3)  the total number of prisoners who were confined in the county jail during the preceding month, based on a count conducted on each day of that month, who were known or had been determined to be pregnant;
(4)  the total cost to the county during the preceding month of housing prisoners described by Subdivision (1)(M), calculated based on the average daily cost of housing a prisoner in the county jail; and
(5)  certification by the reporting official that the information in the report is accurate.
(b)  The commission shall prescribe a form for the report required by this section.  If the report establishes that a county jail has been operated in excess of its total capacity for three consecutive months, the commission may consider adoption of an order to prohibit confinement of prisoners in the county jail under Section 511.012.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 18.01, eff. Oct. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 1368, Sec. 1, eff. June 20, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 977 (H.B. 3654), Sec. 2, eff. September 1, 2009.
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 10, eff. September 1, 2009.
Acts 2011, 82nd Leg., R.S., Ch. 458 (S.B. 1698), Sec. 1, eff. September 1, 2011.
Acts 2019, 86th Leg., R.S., Ch. 1104 (H.B. 2169), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0102. Information on Licensed Jailer Turnover

Sec. 511.0102.  INFORMATION ON LICENSED JAILER TURNOVER.  On or before the fifth day of each month, each jail under the commission's jurisdiction shall submit to the commission a report containing the number of licensed jailers who left employment at the jail during the previous month.  The commission shall prescribe a form for the report required by this section.
Added by Acts 2011, 82nd Leg., R.S., Ch. 929 (S.B. 1687), Sec. 1, eff. September 1, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0103. Notification Regarding Policy Change

Sec. 511.0103.  NOTIFICATION REGARDING POLICY CHANGE.  In the manner prescribed by the commission, a county jail shall notify the commission of any change in the jail's policies and procedures related to:
(1)  the provision of  health care to pregnant prisoners; and
(2)  the placement of a pregnant prisoner in solitary confinement or administrative segregation.
Added by Acts 2015, 84th Leg., R.S., Ch. 522 (H.B. 1140), Sec. 1, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0104. Rules Regarding Restraint of Pregnant Prisoner

Sec. 511.0104.  RULES REGARDING RESTRAINT OF PREGNANT PRISONER.  (a)  The commission shall adopt reasonable rules and procedures regarding the use of any type of restraints to control or restrict the movement of a prisoner, including a limb or other part of the prisoner, who is confirmed to be pregnant or who gave birth in the preceding 12 weeks.
(b)  The rules and procedures must:
(1)  prohibit the use of restraints on a prisoner described by Subsection (a) for the duration of the pregnancy and for a period of not less than 12 weeks after the prisoner gives birth unless:
(A)  supervisory personnel determines:
(i)  the use of restraints is necessary to prevent an immediate and credible risk that the prisoner will attempt to escape; or
(ii)  the prisoner poses an immediate and serious threat to the health and safety of the prisoner, staff, or any member of the public; or
(B)  a health care professional responsible for the health and safety of the prisoner determines that the use of restraints is appropriate for the health and safety of the prisoner and, if applicable, the unborn child of the prisoner;
(2)  require jail staff that uses restraints as permitted under Subdivision (1) to use the least restrictive restraints necessary to prevent escape or to ensure health and safety; and
(3)  notwithstanding Subdivision (1), require jail staff to, at the request of a health care professional responsible for the health and safety of the prisoner, refrain from using restraints on the prisoner or to remove the restraints.
Added by Acts 2019, 86th Leg., R.S., Ch. 1074 (H.B. 1651), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0105. Report Regarding Restraint of Pregnant Prisoner

Sec. 511.0105.  REPORT REGARDING RESTRAINT OF PREGNANT PRISONER.  (a)  Not later than February 1 of each year, each county jail shall submit to the commission a report regarding the jail's use, during the preceding calendar year, of any type of restraints to control or restrict the movement of a prisoner, including a limb or other part of the prisoner, who is confirmed to be pregnant or who gave birth in the preceding 12 weeks.
(b)  The report must include the circumstances of each use of restraints, including:
(1)  the specific type of restraints used;
(2)  what activity the prisoner was engaged in immediately before being restrained;
(3)  whether the prisoner was restrained during or after delivery;
(4)  whether the prisoner was restrained while being transported to a local hospital; and
(5)  the reasons supporting the determination to use the restraints, a description of the process by which the determination was made, and the name and title of the person or persons making the determination.
(c)  The commission shall prescribe a form for the report required for this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 1074 (H.B. 1651), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0106. Electronic Submission of Forms, Data, and Documents

Sec. 511.0106.  ELECTRONIC SUBMISSION OF FORMS, DATA, AND DOCUMENTS.  (a)  The commission shall establish a system for the electronic submission of forms, data, and documents required to be submitted to the commission under this chapter or a rule adopted under this chapter.
(b)  Except as provided by Subsection (c), a person shall submit all forms, data, or documents described by Subsection (a) to the commission through the system established under that subsection and in a standardized electronic format prescribed by the commission.
(c)  The commission may allow a person to submit the forms, data, or documents described by Subsection (a) in a nonelectronic format.  The commission shall set and collect a reasonable fee to cover the cost of processing the forms, data, or documents.
(d)  The commission may adopt rules as necessary to implement this section.
Added by Acts 2019, 86th Leg., R.S., Ch. 891 (H.B. 3440), Sec. 1, eff. September 1, 2019.
Redesignated from Government Code, Section 511.0104 by Acts 2021, 87th Leg., R.S., Ch. 915 (H.B. 3607), Sec. 21.001(32), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.011. Report on Noncompliance

Sec. 511.011.  REPORT ON NONCOMPLIANCE.  (a)  If the commission finds that a county jail does not comply with state law, including Chapter 89, Health and Safety Code, or the rules, standards, or procedures of the commission, it shall report the noncompliance to the county commissioners and sheriff of the county responsible for the county jail and shall send a copy of the report to the governor.
(b)  If a notice of noncompliance is issued to a facility operated by a private entity under Section 351.101 or 361.061, Local Government Code, the compliance status of the facility shall be reviewed at the next meeting of the Commission on Jail Standards.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 12, eff. Sept. 1, 1997.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1252 (H.B. 4468), Sec. 2, eff. September 1, 2019.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0115. Public Information About Compliance Status of Jails

Sec. 511.0115.  PUBLIC INFORMATION ABOUT COMPLIANCE STATUS OF JAILS.  The commission shall provide information to the public concerning whether jails under the commission's jurisdiction are in compliance with state law and the rules, standards, and procedures of the commission:
(1)  on any publicly accessible Internet website maintained by the commission; and
(2)  through other formats, including newsletters or press releases, as determined by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 11, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.012. Failure to Comply After Report

Sec. 511.012.  FAILURE TO COMPLY AFTER REPORT.  (a)  The commission shall grant the county or sheriff a reasonable period of not more than one year after the date of the report under Section 511.011 to comply with commission rules and procedures and state law.
(b)  If the county commissioners or sheriff does not comply within the period granted by the commission, the commission by order may prohibit confinement of prisoners in the county jail.  In that event, the commission shall furnish the sheriff with a list of qualified detention facilities to which the prisoners may be transferred for confinement.  Immediately on issuance of the commission's order, the sheriff shall transfer the number of prisoners necessary to bring the county jail into compliance to a detention facility that agrees to accept the prisoners.  The agreement must be in writing and signed by the sheriffs of the counties transferring and receiving the prisoners.  A county transferring prisoners under this section shall remove the prisoners from the receiving facility immediately on request of the sheriff of the receiving county.
(c)  The county transferring prisoners under this section is liable for payment of the costs of transportation for, and maintenance of, transferred prisoners.  These costs shall be determined by agreement between the participating counties and shall be paid into the treasury of the entity operating the detention facility receiving the prisoners.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1092, Sec. 2, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0121. Failure to Cooperate in Parole in Absentia Program

Sec. 511.0121.  FAILURE TO COOPERATE IN PAROLE IN ABSENTIA PROGRAM.  The Texas Board of Criminal Justice shall notify the commission of the failure of a county to fully cooperate with employees of the institutional division of the Texas Department of Criminal Justice in evaluating inmates for release on parole from the county jail.  On such notification, the commission shall find the county in noncompliance for the purpose of this chapter and may invoke a remedy as provided by Section 511.012.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 11.07, eff. Aug. 29, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.013. Appeal of Order

Sec. 511.013.  APPEAL OF ORDER.  (a)  A county commissioner or sheriff may seek review of an order issued under Section 511.012(b) by making a written request to the executive director for a contested case hearing not later than the 30th day after the date of receipt of the order.
(b)  Procedure and practice in a contested case hearing is governed by Chapter 2001 and the rules of the commission.
(c)  After the contested case hearing, judicial review of the final decision of the commission is governed by Subchapter G, Chapter 2001.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 2003, 78th Leg., ch. 1092, Sec. 3, eff. June 20, 2003.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.014. Action to Enforce

Sec. 511.014.  ACTION TO ENFORCE.  (a)  Instead of closing a county jail, the commission may bring an action in its own name to enforce or enjoin a violation of Subchapter A, Chapter 351, Local Government Code, Chapter 89, Health and Safety Code, or a commission rule, order, or procedure.  The action is in addition to any other action, proceeding, or remedy provided by law.  The court shall give preferential setting and shall try the action without a jury, unless the county requests a jury trial.  The attorney general shall represent the commission.
(b)  The suit may be brought in a district court of Travis County.
(c)  The court shall issue an injunction ordering compliance with commission rules and procedures and state law if it finds that:
(1)  the operation of the county jail does not comply with the rules and procedures or state law;  and
(2)  the county commissioners or sheriff, having been given a reasonable period to comply, has failed to comply with the rules and procedures.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 348, Sec. 13, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0145. Enforcement Actions

Sec. 511.0145.  ENFORCEMENT ACTIONS.  (a)  The commission shall adopt rules establishing a system of graduated, escalating enforcement actions the commission is authorized under this chapter to take against jails under the commission's jurisdiction that:
(1)  have not made timely progress correcting noncompliance issues; or
(2)  have failed multiple inspections within a certain number of years as determined by the commission.
(b)  The rules must establish time frames for the commission to take certain graduated, escalating enforcement actions against jails.
(c)  The commission shall develop a schedule of actions to guide the enforcement actions the commission may take under rules adopted under Subsection (a).  The commission shall make the schedule available on any publicly accessible Internet website maintained by the commission.  The schedule must:
(1)  recommend the appropriate enforcement action based on the severity of the noncompliance; and
(2)  include consideration of any:
(A)  aggravating factors, including repeat violations and failing consecutive inspections; and
(B)  mitigating factors.
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 10, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.015. Annual Reports

Sec. 511.015.  ANNUAL REPORTS.  (a)  Before February 1 of each year the commission shall submit to the governor and the presiding officer of each house of the legislature a report on its operations, its findings concerning county jails during the preceding year, and recommendations that it considers appropriate.
(b)  Repealed by Acts 2011, 82nd Leg., R.S., Ch. 1083, Sec. 25(50), eff. June 17, 2011.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 10, eff. Sept. 1, 1991.
Amended by:
Acts 2011, 82nd Leg., R.S., Ch. 1083 (S.B. 1179), Sec. 25(50), eff. June 17, 2011.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.016. Audits

Sec. 511.016.  AUDITS.  (a)  Each county auditor shall provide the commission with a copy of each audit of the county jail's commissary operations the auditor performs under Section 351.0415, Local Government Code, and a copy of the annual financial audit of general operations of the county jail.  The county auditor shall provide a copy of an audit not later than the 10th day after completing the audit.
(b)  At the request of the commissioners court or a sheriff or on the commission's own initiative, the commission shall conduct an audit of staffing matters at a county jail.
Added by Acts 1991, 72nd Leg., 2nd C.S., ch. 10, Sec. 18.02, eff. Oct. 1, 1991.
Amended by:
Acts 2007, 80th Leg., R.S., Ch. 230 (H.B. 1780), Sec. 1, eff. May 25, 2007.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.017. Duties Related to State Jail Felony Facilities

Sec. 511.017.  DUTIES RELATED TO STATE JAIL FELONY FACILITIES.  (a)  In this section:
(1)  "State jail division" means the state jail division of the Texas Department of Criminal Justice.
(2)  "State jail felony facility" means a state jail felony facility authorized by Subchapter A, Chapter 507.
(3)  Repealed by Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 9(3), eff. September 1, 2021.
(b)  The commission shall provide the state jail division with consultation and technical assistance relating to the operation and construction of state jail felony facilities.
Added by Acts 1993, 73rd Leg., ch. 988, Sec. 1.09, eff. Sept. 1, 1993.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 8, eff. September 1, 2021.
Acts 2021, 87th Leg., R.S., Ch. 126 (H.B. 719), Sec. 9(3), eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.018. Alternative Dispute Resolution

Sec. 511.018.  ALTERNATIVE DISPUTE RESOLUTION.  (a)  The commission shall develop and implement a policy to encourage the use of:
(1)  negotiated rulemaking procedures under Chapter 2008 for the adoption of commission rules; and
(2)  appropriate alternative dispute resolution procedures under Chapter 2009 to assist in the resolution of internal and external disputes under the commission's jurisdiction.
(b)  The commission's procedures relating to alternative dispute resolution must conform, to the extent possible, to any model guidelines issued by the State Office of Administrative Hearings for the use of alternative dispute resolution by state agencies.
(c)  The commission shall designate a trained person to:
(1)  coordinate the implementation of the policy adopted under Subsection (a);
(2)  serve as a resource for any training needed to implement the procedures for negotiated rulemaking or alternative dispute resolution; and
(3)  collect data concerning the effectiveness of those procedures, as implemented by the commission.
Added by Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 12, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.019. Prisoner Safety Fund

Sec. 511.019.  PRISONER SAFETY FUND.  (a)  The prisoner safety fund is a dedicated account in the general revenue fund.
(b)  The prisoner safety fund consists of:
(1)  appropriations of money to the fund by the legislature; and
(2)  gifts, grants, including grants from the federal government, and other donations received for the fund.
(c)  Money in the fund may be appropriated only to the commission to pay for capital improvements that are required under Section 511.009(a)(19).
(d)  The commission by rule may establish a grant program to provide grants to counties to fund capital improvements described by Subsection (c).  The commission may only provide a grant to a county for capital improvements to a county jail with a capacity of not more than 288 prisoners.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.07, eff. September 1, 2017.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1252 (H.B. 4468), Sec. 3, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 11, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.020. Serious Incidents Report

Sec. 511.020.  SERIOUS INCIDENTS REPORT.  (a)  On or before the fifth day of each month, the sheriff of each county shall report to the commission regarding the occurrence during the preceding month of any of the following incidents involving a prisoner in the county jail:
(1)  a suicide;
(2)  an attempted suicide;
(3)  a death;
(4)  a serious bodily injury, as that term is defined by Section 1.07, Penal Code;
(5)  an assault;
(6)  an escape;
(7)  a sexual assault; and
(8)  any use of force resulting in bodily injury, as that term is defined by Section 1.07, Penal Code.
(b)  The commission shall prescribe a form for the report required by Subsection (a).
(c)  The information required to be reported under Subsection (a)(8) may not include the name or other identifying information of a county jailer or jail employee.
(d)  The information reported under Subsection (a) is public information subject to an open records request under Chapter 552.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.07, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.021. Independent Investigation of Death Occurring in County Jail

Sec. 511.021.  INDEPENDENT INVESTIGATION OF DEATH OCCURRING IN COUNTY JAIL.  (a)  On the death of a prisoner in a county jail, the commission shall appoint a law enforcement agency, other than the local law enforcement agency that operates the county jail, to investigate the death as soon as possible.  Except as otherwise provided by Subsection (b), the appointed law enforcement agency shall conduct the investigation.
(b)  A law enforcement agency appointed by the commission under Subsection (a) may present evidence to the commission that investigating the death would create a conflict of interest that cannot be mitigated by the law enforcement agency.  If the commission determines that the conflict of interest cannot be mitigated, the commission shall appoint another law enforcement agency under Subsection (a) to investigate the death.
(c)  The commission shall adopt any rules necessary relating to the appointment of a law enforcement agency under Subsection (a), including rules relating to cooperation between law enforcement agencies and to procedures for handling evidence.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 3.07, eff. September 1, 2017.
Amended by:
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 12, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.022. Advisory Committee

Sec. 511.022.  ADVISORY COMMITTEE.  (a)  The commission shall establish an advisory committee to advise the commission and make recommendations on matters related to the confinement in county jail of persons with intellectual or developmental disabilities.
(b)  The advisory committee consists of 13 members appointed by the presiding officer of the commission, with the commission's approval, as follows:
(1)  one representative of the commission;
(2)  one representative of the Department of State Health Services;
(3)  one representative of the Health and Human Services Commission with expertise in intellectual and developmental disabilities;
(4)  one representative of the Texas Commission on Law Enforcement;
(5)  one representative of the Texas Correctional Office on Offenders with Medical or Mental Impairments;
(6)  one sheriff of a county with a population of 80,000 or more;
(7)  one sheriff of a county with a population of less than 80,000;
(8)  two representatives of statewide organizations that advocate for individuals with intellectual and developmental disabilities;
(9)  one representative who is a mental health professional with a focus on trauma and intellectual and developmental disabilities;
(10)  one representative from a state supported living center;
(11)  one member who has an intellectual or developmental disability or whose family member has an intellectual or developmental disability; and
(12)  one member who represents the public.
(c)  Members of the advisory committee serve staggered six-year terms, with the terms of three or four members expiring January 31 of each odd-numbered year.  If a vacancy occurs during a member's term, the presiding officer of the commission, with the commission's approval, shall appoint a replacement to fill the unexpired term.
(d)  The presiding officer of the commission shall designate one member of the advisory committee to serve as presiding officer of the committee for a two-year term.
(e)  The advisory committee shall:
(1)  gather and review data regarding the confinement in county jails of persons with intellectual or developmental disabilities; and
(2)  provide recommendations and guidelines to sheriffs and counties regarding the confinement of persons with intellectual or developmental disabilities.
(f)  Not later than December 1 of each even-numbered year, the advisory committee shall submit a report that includes recommendations for legislative or other action related to the confinement of persons with intellectual or developmental disabilities in county jails to:
(1)  the governor;
(2)  the lieutenant governor;
(3)  the speaker of the house of representatives; and
(4)  each standing committee of the legislature with primary jurisdiction over the commission.
(g)  Chapter 2110 does not apply to the size, composition, or duration of the advisory committee or to the designation of the committee's presiding officer.
Added by Acts 2021, 87th Leg., R.S., Ch. 708 (H.B. 2831), Sec. 1, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.023. Intake of Persons With Intellectual or Developmental Disabilities

Sec. 511.023.  INTAKE OF PERSONS WITH INTELLECTUAL OR DEVELOPMENTAL DISABILITIES.  (a)  The commission, with the assistance of the advisory committee established under Section 511.022, shall:
(1)  monitor the intake processes in county jails to assess each county jail's ability to properly identify persons with intellectual or developmental disabilities; and
(2)  assist county jails in improving the intake processes with respect to persons with intellectual or developmental disabilities.
(b)  The commission shall periodically update the intake screening form adopted by the commission for use by county jails as necessary to reflect the recommendations of the advisory committee established under Section 511.022.
Added by Acts 2021, 87th Leg., R.S., Ch. 708 (H.B. 2831), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 521 - General Provisions › Section 521.0001. Definitions

Text of section effective on April 01, 2025
Sec. 521.0001.  DEFINITIONS.  In this subtitle:
(1)  "Child health plan program" means the programs established under Chapters 62 and 63, Health and Safety Code.
(2)  "Commission" means the Health and Human Services Commission.
(3)  "Executive commissioner" means the executive commissioner of the commission.
(4)  "Executive council" means the council established under Subchapter C, Chapter 523.
(5)  "Health and human services agencies" includes the Department of State Health Services.
(6)  "Health and human services system" means the system for providing or otherwise administering health and human services in this state by the commission, including through:
(A)  an office or division of the commission; or
(B)  another entity under the administrative and operational control of the executive commissioner.
(7)  "Home telemonitoring service" means a health service that requires scheduled remote monitoring of data related to a patient's health and transmission of the data to a licensed home and community support services agency or hospital, as those terms are defined by Section 548.0251.
(8)  "Medicaid" means the medical assistance program established under Chapter 32, Human Resources Code.
(9)  "Medicaid managed care organization" means a managed care organization as defined by Section 540.0001 that contracts with the commission under Chapter 540 or 540A to provide health care services to Medicaid recipients.
(10)  "Platform" means the technology, system, software, application, modality, or other method through which a health professional remotely interfaces with a patient when providing a health care service or procedure as a telemedicine medical service, teledentistry dental service, or telehealth service.
(11)  "Section 1915(c) waiver program" means a federally funded state Medicaid program authorized under Section 1915(c) of the Social Security Act (42 U.S.C. Section 1396n(c)).
(12)  "Teledentistry dental service," "telehealth service," and "telemedicine medical service" have the meanings assigned by Section 111.001, Occupations Code.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 521 - General Provisions › Section 521.0002. References in Law Meaning Commission or Commission Division

Text of section effective on April 01, 2025
Sec. 521.0002.  REFERENCES IN LAW MEANING COMMISSION OR COMMISSION DIVISION.  (a)  This section applies notwithstanding Section 521.0001(5).
(b)  A reference in any law to any of the following state agencies or entities in relation to a function transferred to the commission under Section 531.0201, 531.02011, or 531.02012, as those sections existed immediately before their expiration on September 1, 2023, means the commission or the division of the commission performing the function previously performed by the state agency or entity before the transfer, as appropriate:
(1)  health and human services agency;
(2)  the Department of State Health Services;
(3)  the Department of Aging and Disability Services;
(4)  subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, the Department of Family and Protective Services; or
(5)  the Department of Assistive and Rehabilitative Services.
(c)  Notwithstanding any other law, a reference in any law to any of the following state agencies or entities in relation to a function transferred to the commission under Section 531.0201, 531.02011, or 531.02012, as those sections existed immediately before their expiration on September 1, 2023, from the state agency that assumed the relevant function in accordance with Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, means the commission or the division of the commission performing the function previously performed by the agency that assumed the function before the transfer, as appropriate:
(1)  the Texas Department on Aging;
(2)  the Texas Commission on Alcohol and Drug Abuse;
(3)  the Texas Commission for the Blind;
(4)  the Texas Commission for the Deaf and Hard of Hearing;
(5)  the Texas Department of Health;
(6)  the Texas Department of Human Services;
(7)  the Texas Department of Mental Health and Mental Retardation;
(8)  the Texas Rehabilitation Commission;
(9)  the Texas Health Care Information Council; or
(10)  the Interagency Council on Early Childhood Intervention.
(d)  Notwithstanding any other law and subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, a reference in any law to the Department of Protective and Regulatory Services in relation to a function transferred under Section 531.0201, 531.02011, or 531.02012, as those sections existed immediately before their expiration on September 1, 2023, from the Department of Family and Protective Services means the commission or the division of the commission performing the function previously performed by the Department of Family and Protective Services before the transfer.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 521 - General Provisions › Section 521.0003. References in Law Meaning Executive Commissioner, Executive Commissioner's Designee, or Division Director

Text of section effective on April 01, 2025
Sec. 521.0003.  REFERENCES IN LAW MEANING EXECUTIVE COMMISSIONER, EXECUTIVE COMMISSIONER'S DESIGNEE, OR DIVISION DIRECTOR.  (a)  A reference in any law to any of the following persons in relation to a function transferred to the commission under Section 531.0201, 531.02011, or 531.02012, as those sections existed immediately before their expiration on September 1, 2023, means the executive commissioner, the executive commissioner's designee, or the director of the commission division performing the function previously performed by the state agency from which the function was transferred and that the person represented, as appropriate:
(1)  the commissioner of aging and disability services;
(2)  the commissioner of assistive and rehabilitative services;
(3)  the commissioner of state health services; or
(4)  subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, the commissioner of the Department of Family and Protective Services.
(b)  Notwithstanding any other law and subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, a reference in any law to any of the following persons or entities in relation to a function transferred to the commission under Section 531.0201, 531.02011, or 531.02012, as those sections existed immediately before their expiration on September 1, 2023, from the state agency that assumed or continued to perform the function in accordance with Chapter 198 (H.B. 2292), Acts of the 78th Legislature, Regular Session, 2003, means the executive commissioner or the director of the commission division performing the function performed before the enactment of Chapter 198 (H.B. 2292) by the state agency that was abolished or renamed by Chapter 198 (H.B. 2292) and that the person or entity represented:
(1)  an executive director or other chief administrative officer of a state agency listed in Section 521.0002(c) or of the Department of Protective and Regulatory Services; or
(2)  the governing body of a state agency listed in Section 521.0002(c) or of the Department of Protective and Regulatory Services.
(c)  A reference to any of the following councils means the executive commissioner or the executive commissioner's designee, as appropriate, and a function of any of the following councils is a function of that appropriate person:
(1)  the Health and Human Services Council;
(2)  the Aging and Disability Services Council;
(3)  the Assistive and Rehabilitative Services Council;
(4)  subject to Chapter 316 (H.B. 5), Acts of the 85th Legislature, Regular Session, 2017, the Family and Protective Services Council; or
(5)  the State Health Services Council.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 521 - General Provisions › Section 521.0004. References in Law to Provisions Derived From Former Chapter 531

Text of section effective on April 01, 2025
Sec. 521.0004.  REFERENCES IN LAW TO PROVISIONS DERIVED FROM FORMER CHAPTER 531.  A reference in any law to "revised provisions derived from Chapter 531, as that chapter existed on March 31, 2025," is a reference to the following:
(1)  Sections 532.0051, 532.0052, 532.0053, 532.0054, 532.0055, 532.0057, 532.0058, 532.0059, 532.0060, 532.0061, and 540.0051;
(2)  Subchapters B, C, D, E, F, G, H, I, and J, Chapter 532, Subchapters A, B, C, D, E, F, G, H, and I, Chapter 548, and Subchapters D, D-1, and E, Chapter 550; and
(3)  this chapter and Chapters 522, 523, 524, 525, 526, 544, 545, 546, 547, and 549.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 522 - Provisions Applicable to All Health and Human Services Agencies and Certain Other State Entities › Subchapter A. Fiscal Provisions › Section 522.0001. Legislative Appropriations Request by Health and Human Services Agency

Text of section effective on April 01, 2025
Sec. 522.0001.  LEGISLATIVE APPROPRIATIONS REQUEST BY HEALTH AND HUMAN SERVICES AGENCY.  (a)  Each health and human services agency shall submit to the commission a biennial agency legislative appropriations request on a date determined by commission rule.
(b)  A health and human services agency may not submit the agency's legislative appropriations request to the legislature or the governor until the commission reviews and comments on the request.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle I - Health and Human Services › Chapter 522 - Provisions Applicable to All Health and Human Services Agencies and Certain Other State Entities › Subchapter A. Fiscal Provisions › Section 522.0002. Acceptance of Certain Gifts and Grants by Health and Human Services Agency

Text of section effective on April 01, 2025
Sec. 522.0002.  ACCEPTANCE OF CERTAIN GIFTS AND GRANTS BY HEALTH AND HUMAN SERVICES AGENCY.  (a)  Subject to the executive commissioner's written approval, a health and human services agency may accept a gift or grant of money, drugs, equipment, or any other item of value from a pharmaceutical manufacturer, distributor, provider, or other entity engaged in a pharmaceutical-related business.
(b)  Chapter 575 does not apply to a gift or grant under this section.
(c)  The executive commissioner may adopt rules and procedures to implement this section.  The rules must ensure that acceptance of a gift or grant under this section:
(1)  is consistent with federal laws and regulations; and
(2)  does not adversely affect federal financial participation in any state program, including Medicaid.
(d)  This section does not affect the commission's or a health and human services agency's authority under other law to accept a gift or grant from a person other than a pharmaceutical manufacturer, distributor, provider, or other entity engaged in a pharmaceutical-related business.
Added by Acts 2023, 88th Leg., R.S., Ch. 769 (H.B. 4611), Sec. 1.01, eff. April 1, 2025.