reglab/statecodes huggingface dataset:
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.008. Officer Certification

Sec. 509.008.  OFFICER CERTIFICATION.  (a)  The division shall establish officer certification programs for department residential officers and department supervision officers.  A program must include coursework relating to the proper performance of the officer's duties and an examination prepared by the division administered at the conclusion of the coursework.  The examination must test officers on knowledge required for the proper performance of their duties.  An officer who satisfactorily completes the coursework and examination shall be certified.
(b)  Except as provided by Subsections (d), (e), and (f), a department may not continue to employ an officer unless the officer was exempt from certification requirements on September 1, 1989, or satisfactorily completes the coursework and examination required by this section not later than the first anniversary of the date on which the officer begins employment with the department.
(c)  The division shall provide adequate notification of the results of examinations and provide other relevant information regarding examinations as requested by examinees.
(d)  The division may extend the period for the coursework and examination requirements for an officer under Subsection (b) or (f) for an additional period not to exceed one year because:
(1)  the department has a need to increase hiring to reduce caseloads to a level necessary to receive full state aid;  or
(2)  an extenuating circumstance, as determined by the division director, prevents the officer from completing the coursework and examination within the required period.
(e)  The division may waive certification requirements other than a fee requirement for an applicant with a valid certificate from another state that has certification requirements substantially similar to those of this state.
(f)  A department may not continue to employ a residential officer unless the officer successfully completes the coursework and examination requirement under this section before the first anniversary of the date on which the officer begins the officer's assignment to a residential facility.
(g)  The division may deny, revoke, or suspend a certification or may reprimand an officer for a violation of a standard adopted under this chapter.
(h)  If the division proposes to deny, revoke, or suspend an officer's certification or to reprimand an officer, the officer is entitled to a hearing before the division or a hearings examiner appointed by the division.  The division shall adopt procedures for appeals by officers of decisions made by the division to deny, revoke, or suspend a certification or to reprimand an officer.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.01, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.27(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.009. Training

Sec. 509.009.  TRAINING.  The division may provide pre-service, in-service, and educational training and technical assistance to departments to promote compliance with the standards under this chapter and to assist departments in improving the operation of department services.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.01, eff. Sept. 1, 1995.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.010. Public Meeting

Sec. 509.010.  PUBLIC MEETING.  (a)  The division may not take an action under Sections 509.006(a)(1) through (6) relating to a community corrections facility established after August 31, 1989, unless a public meeting is held about the proposed action before the action is taken.
(b)  Before the 30th day before the date of the meeting, the division, the department that the facility is to serve, or a vendor proposing to operate the facility shall:
(1)  publish by advertisement that is not less than 3-1/2 inches by 5 inches notice of the date, hour, place, and subject of the hearing required by Subsection (a) in three consecutive issues of a newspaper of, or in newspapers that collectively have, general circulation in the county in which the proposed facility is to be located; and
(2)  mail a copy of the notice to each police chief, sheriff, city council member, mayor, county commissioner, county judge, school board member, state representative, and state senator who serves or represents the area in which the proposed facility is to be located, unless the proposed facility has been previously authorized to operate at a particular location as part of a community justice plan submitted by a community justice council under Section 509.007.
(c)  If a private vendor, other than a private vendor that operates as a nonprofit corporation, proposes to operate a facility that is the subject of a public meeting under this section, the private vendor is responsible for the costs of providing notice and holding the public meeting required by this section.
(d)  In describing the subject of a hearing for purposes of publishing notice under this section, the notice must specifically state the address of the facility on which a proposed action is to be taken and describe the proposed action.
(e)  The division, a department, or a private vendor shall hold a public meeting required by Subsection (a) at a site as close as practicable to the location at which the proposed action is to be taken.  The division, department, or vendor may not hold the meeting on a Saturday, Sunday, or legal holiday and must begin the meeting after 6 p.m.
(f)  A department, a county, a municipality, or a combination involving more than one of those entities may not take an action under Section 76.010 unless the entity or entities hold a public meeting before the action is taken, with notice provided and the hearing to be held in the same manner as provided by Subsections (a) through (e).
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.01, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 478, Sec. 1, eff. Sept. 1, 1997.
Amended by:
Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 21, eff. September 1, 2013.
Acts 2015, 84th Leg., R.S., Ch. 1051 (H.B. 1930), Sec. 11, eff. September 1, 2015.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.012. Refusal or Suspension of State Aid

Sec. 509.012.  REFUSAL OR SUSPENSION OF STATE AID.  (a)  The division shall take one or more of the following actions against a department that the division determines is not in substantial compliance with division standards or requirements adopted under Sections 509.003 through 509.006:
(1)  a reduction, refusal, or suspension of payment of state aid to the department;  or
(2)  an imposition of budget control over the department.
(b)  The board shall provide for notice and a hearing in cases in which the division proposes to take an action authorized by this section, other than a refusal by the division to provide discretionary grant funding or a reduction by the division of discretionary grant funding during a funding cycle.  The division shall define with specificity the conduct that constitutes substantial noncompliance with division standards and shall establish the procedures to be used in imposing or waiving a sanction authorized by this section, subject to approval of the definition and the procedures by adoption by the board.
Added by Acts 1995, 74th Leg., ch. 76, Sec. 7.01, eff. Sept. 1, 1995.  Amended by Acts 1997, 75th Leg., ch. 165, Sec. 12.29(a), eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.013. Grant Program Administration

Sec. 509.013.  GRANT PROGRAM ADMINISTRATION.  (a)  In this section, "grant program" means a grant program administered by the division through which the division awards grants to departments through an application process.
(b)  The division shall:
(1)  establish goals for each grant program that are consistent with the purposes described by Section 509.002 and the mission of the division;
(2)  establish grant application, review, award, and evaluation processes;
(3)  establish the process by which and grounds on which an applicant may appeal a decision of the division regarding a grant application;
(4)  establish and maintain a system to routinely monitor grant performance;
(5)  establish and make available to the public:
(A)  all criteria used in evaluating grant applications; and
(B)  all factors used to measure grant program performance;
(6)  publish on the division's Internet website for each grant awarded:
(A)  the amount awarded;
(B)  the method used in scoring the grant applications and the results of that scoring; and
(C)  additional information describing the methods used to make the funding determination; and
(7)  require each department to submit program-specific outcome data for the division's use in making grant awards and funding decisions.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.014. Study Regarding Performance-Based Funding

Sec. 509.014.  STUDY REGARDING PERFORMANCE-BASED FUNDING.  (a)  The division shall:
(1)  review the funding formulas specified under Section 509.011 and study the feasibility of adopting performance-based funding formulas, including whether the formulas should take into consideration an offender's risk level or other appropriate factors in allocating funding; and
(2)  make recommendations for modifying the current funding formulas.
(b)  In conducting the study and making recommendations under Subsection (a), the division shall:
(1)  seek input from departments, the judicial advisory council established under Section 493.003(b), and other relevant interest groups; and
(2)  in consultation with the Legislative Budget Board, determine the impact of any recommendations on the allocation of the division's funds as projected by the Legislative Budget Board.
(c)  The division shall include in the reports prepared under Sections 509.004(c) and 509.016(c):
(1)  the findings of the study;
(2)  any recommendations regarding modifying the funding formulas; and
(3)  the projected impact of the recommendations on the allocation of the division's funds.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1154 (S.B. 213), Sec. 23, eff. September 1, 2013.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.015. Treatment Standards for Certain State Jail Felonies

Sec. 509.015.  TREATMENT STANDARDS FOR CERTAIN STATE JAIL FELONIES.  The division shall propose and the board shall adopt best practices standards for substance abuse treatment conditions imposed under Article 42A.554(c), Code of Criminal Procedure.
Added by Acts 2003, 78th Leg., ch. 1122, Sec. 2, eff. Sept. 1, 2003.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.58, eff. January 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.017. Special Allocation for Certain Defendants Placed on State Jail Felony Community Supervision

Sec. 509.017.  SPECIAL ALLOCATION FOR CERTAIN DEFENDANTS PLACED ON STATE JAIL FELONY COMMUNITY SUPERVISION.  Notwithstanding any other provision of this chapter, the Texas Department of Criminal Justice shall adopt policies and procedures to:
(1)  determine the cost savings to the Texas Department of Criminal Justice realized through the release of defendants on community supervision under Article 42A.551(d)(2)(B), Code of Criminal Procedure; and
(2)  provide 30 percent of that cost savings to the division to be allocated to individual departments and used for the same purpose that state aid is used under Section 509.011.
Added by Acts 2013, 83rd Leg., R.S., Ch. 1195 (S.B. 1173), Sec. 4, eff. September 1, 2013.
Amended by:
Acts 2015, 84th Leg., R.S., Ch. 770 (H.B. 2299), Sec. 2.59, eff. January 1, 2017.
For expiration of this section, see Subsection (e).
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 509 - Community Justice Assistance Division › Section 509.018. Family Violence Pretrial Diversion Pilot Program

Sec. 509.018.  FAMILY VIOLENCE PRETRIAL DIVERSION PILOT PROGRAM.  (a)  In this section, "family violence" has the meaning assigned by Section 71.004, Family Code.
(b)  To reduce rates of family violence recidivism, the division shall collaborate with judges in Bexar County who have jurisdiction over cases involving family violence to establish a family violence pretrial diversion pilot program for individuals who are charged with an offense involving family violence and who suffer from a substance abuse disorder or chemical dependency.
(c)  The pretrial diversion pilot program developed under this section shall include:
(1)  assessment instruments to accurately analyze the needs of pilot program participants;
(2)  a comprehensive substance abuse disorder and chemical dependency treatment program that includes case managers, clinicians, peer mentors, or recovery coaches;
(3)  in collaboration with law enforcement agencies, a procedure to rapidly respond to pilot program participants who fail to comply with pilot program requirements, including, when appropriate, immediate removal from the pilot program; and
(4)  the use of a video teleconferencing system in court to facilitate the cooperation of witnesses in the criminal justice system and to reduce costs associated with transporting defendants.
(d)  The division shall review the pilot program established under this section and submit a report to the governor, the lieutenant governor, the speaker of the house of representatives, and the legislature not later than December 1 of each even-numbered year.  The report must include:
(1)  a summary of the status and results of the pilot program;
(2)  an analysis of the effectiveness of the pilot program in reducing the rate of family violence recidivism among individuals charged with an offense involving family violence and suffering from a substance abuse disorder or chemical dependency;
(3)  sources of funding available to extend the pilot program to other counties or for a longer period of time, including available local, state, and federal funding sources; and
(4)  any legislative or other recommendations.
(e)  This section expires September 1, 2027.
Added by Acts 2019, 86th Leg., R.S., Ch. 896 (H.B. 3529), Sec. 1, eff. June 10, 2019.
Amended by:
Acts 2023, 88th Leg., R.S., Ch. 551 (H.B. 4333), Sec. 1, eff. June 10, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter A. General Provisions › Section 510.001. Definitions

Sec. 510.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Interstate Commission for Adult Offender Supervision.
(2)  "Compact" means the Interstate Compact for Adult Offender Supervision.
(3)  "State council" means the Texas State Council for Interstate Adult Offender Supervision.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter A. General Provisions › Section 510.002. Applicability of Chapter 2110

Sec. 510.002.  APPLICABILITY OF CHAPTER 2110.  Chapter 2110 applies to the state council, except for Sections 2110.002, 2110.003, and 2110.008.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter A. General Provisions › Section 510.003. Administration

Sec. 510.003.  ADMINISTRATION.  The state council, the compact administrator, and the state's commissioner to the commission are administratively attached to the department.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter B. Texas State Council for Interstate Adult Offender Supervision › Section 510.011. Establishment

Sec. 510.011.  ESTABLISHMENT.  The Texas State Council for Interstate Adult Offender Supervision is established.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter B. Texas State Council for Interstate Adult Offender Supervision › Section 510.012. Composition; Terms

Sec. 510.012.  COMPOSITION;  TERMS.  (a)  The state council is composed of:
(1)  the executive director or the executive director's designee;
(2)  three members appointed by the governor, one of whom must be a representative of an organization representing the rights of victims of crime;
(3)  one member appointed by the presiding judge of the court of criminal appeals;
(4)  one member appointed by the lieutenant governor;  and
(5)  one member appointed by the speaker of the house of representatives.
(b)  Appointed members of the state council serve staggered terms of six years, with the terms of two members expiring February 1 of each odd-numbered year.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter B. Texas State Council for Interstate Adult Offender Supervision › Section 510.013. Duties of Executive Director, Executive Director's Designee

Sec. 510.013.  DUTIES OF EXECUTIVE DIRECTOR, EXECUTIVE DIRECTOR'S DESIGNEE.  (a)  The governor shall designate one member of the state council as the presiding officer of the state council, and the presiding officer serves in that capacity at the pleasure of the governor.
(b)  The governor shall appoint the state's compact administrator and the state's commissioner to the commission, and may appoint one person as administrator and one person as commissioner or one person to be both administrator and commissioner.  The person or persons, as appropriate, serve at the pleasure of the governor.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter B. Texas State Council for Interstate Adult Offender Supervision › Section 510.014. Duties of Council

Sec. 510.014.  DUTIES OF COUNCIL.  The council shall advise the compact administrator and the state's commissioner to the commission on the state's participation in commission activities and the administration of the compact.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter B. Texas State Council for Interstate Adult Offender Supervision › Section 510.015. Liabilities for Certain Commission Agents

Sec. 510.015.  LIABILITIES FOR CERTAIN COMMISSION AGENTS.  The compact administrator, the state's commissioner to the commission, and each member, officer, executive director, employee, or agent of the commission acting within the scope of the person's employment or duties is, for the purposes of acts and omissions occurring within this state, entitled to the same protections under Chapter 104, Civil Practice and Remedies Code, as an employee, a member of the governing board, or any other officer of a state agency, institution, or department.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 510 - Interstate Compact for Adult Offender Supervision › Subchapter B. Texas State Council for Interstate Adult Offender Supervision › Section 510.016. Effect on Texas Laws

Sec. 510.016.  EFFECT ON TEXAS LAWS.  In the event the laws of this state conflict with the compact, the compact controls, except that in the event of a conflict between the compact and the Texas Constitution, as determined by the courts of this state, the Texas Constitution controls.
Added by Acts 2001, 77th Leg., ch. 543, Sec. 1, eff. June 11, 2001.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.001. Definitions

Sec. 511.001.  DEFINITIONS.  In this chapter:
(1)  "Commission" means the Commission on Jail Standards.
(2)  "Correctional facility" means a facility operated by a county, a municipality, or a private vendor for the confinement of a person arrested for, charged with, or convicted of a criminal offense.
(3)  "County jail" means a facility operated by or for a county for the confinement of persons accused or convicted of an offense.
(4)  "Executive director" means the executive director of the commission.
(5)  "Federal prisoner" means a person arrested for, charged with, or convicted of a violation of a federal law.
(6)  "Inmate" means a person arrested for, charged with, or convicted of a criminal offense of this state or another state of the United States and confined in a county jail, a municipal jail, or a correctional facility operated by a county, a municipality, or a private vendor.
(7)  "Prisoner" means a person confined in a county jail.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1997, 75th Leg., ch. 259, Sec. 1, eff. Sept. 1, 1997.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.002. Commission

Sec. 511.002.  COMMISSION.  The Commission on Jail Standards is an agency of the state.
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 511.003. Sunset Provision

Sec. 511.003.  SUNSET PROVISION.  The Commission on Jail Standards is subject to Chapter 325 (Texas Sunset Act).  Unless continued in existence as provided by that chapter, the commission is abolished September 1, 2035.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 1, eff. Sept. 1, 1991;  Acts 1991, 72nd Leg., 1st C.S., ch. 17, Sec. 3.03, eff. Nov. 12, 1991;  Acts 1997, 75th Leg., ch. 259, Sec. 2, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 1, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 1, eff. September 1, 2021.
Acts 2023, 88th Leg., R.S., Ch. 941 (S.B. 1659), Sec. 3.07, eff. June 18, 2023.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.004. Membership; Terms; Vacancies

Sec. 511.004.  MEMBERSHIP;  TERMS;  VACANCIES.  (a)  The commission consists of nine members appointed by the governor with the advice and consent of the senate.  One member must be a sheriff of a county with a population of more than 35,000, one must be a sheriff of a county with a population of 35,000 or less, one must be a county judge, one must be a county commissioner, one must be a practitioner of medicine licensed by the Texas State Board of Medical Examiners, and the other four must be representatives of the general public. At least one of the four citizen members must be from a county with a population of 35,000 or less.
(b)  The sheriffs, county judge, and county commissioner appointed to the commission shall perform the duties of a member in addition to their other duties.
(c)  Members serve for terms of six years with the terms of one-third of the members expiring on January 31 of each odd-numbered year.
(d)  If a sheriff, county judge, or county commissioner member of the commission ceases to be sheriff, county judge, or county commissioner, the person's position on the commission becomes vacant.
(e)  A person appointed to fill a vacancy must have the same qualifications for appointment as the member who vacated the position.
(f)  Appointments to the commission shall be made without regard to the race, color, disability, sex, religion, age, or national origin of the appointees.
(g)  A person is not eligible for appointment as a public member of the commission if the person or the person's spouse:
(1)  is registered, certified, or licensed by a regulatory agency in the field of law enforcement;
(2)  is employed by or participates in the management of a business entity, county jail, or other organization regulated by the commission or receiving funds from the commission;
(3)  owns or controls, directly or indirectly, more than a 10 percent interest in a business entity or other organization regulated by the commission or receiving funds from the commission; or
(4)  uses or receives a substantial amount of tangible goods, services, or funds from the commission, other than compensation or reimbursement authorized by law for commission membership, attendance, or expenses.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 2, eff. Sept. 1, 1991;  Acts 1997, 75th Leg., ch. 259, Sec. 3, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 2, eff. September 1, 2009.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.00405. Training

Sec. 511.00405.  TRAINING.  (a)  A person who is appointed to and qualifies for office as a member of the commission may not vote, deliberate, or be counted as a member in attendance at a meeting of the commission until the person completes a training program that complies with this section.
(b)  The training program must provide the person with information regarding:
(1)  the law governing commission operations;
(2)  the programs, functions, rules, and budget of the commission;
(3)  the scope of and limitations on the rulemaking authority of the commission;
(4)  the results of the most recent formal audit of the commission;
(5)  the requirements of:
(A)  laws relating to open meetings, public information, administrative procedure, and disclosing conflicts of interest; and
(B)  other laws applicable to members of a state policy-making body in performing their duties; and
(6)  any applicable ethics policies adopted by the commission or the Texas Ethics Commission.
(c)  A person appointed to the commission is entitled to reimbursement, as provided by the General Appropriations Act, for the travel expenses incurred in attending the training program regardless of whether attendance at the program occurs before or after the person qualifies for office.
(d)  The executive director of the commission shall create a training manual that includes the information required by Subsection (b).  The executive director shall distribute a copy of the training manual annually to each member of the commission.  Each member of the commission shall sign and submit to the executive director a statement acknowledging that the member received and has reviewed the training manual.
Redesignated from Government Code, Sec. 511.004(h), (i), (j) and amended by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 2, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0041. Removal of Commission Members

Sec. 511.0041.  REMOVAL OF COMMISSION MEMBERS.  (a)  It is a ground for removal from the commission if a member:
(1)  does not have at the time of taking office the qualifications required by Section 511.004;
(2)  does not maintain during service on the commission the qualifications required by Section 511.004;
(3)  is ineligible for membership under Section 511.004(g) or 511.0042;
(4)  cannot discharge the member's duties for a substantial part of the term for which the member is appointed because of illness or disability; or
(5)  is absent from more than half of the regularly scheduled commission meetings that the member is eligible to attend during a calendar year without an excuse approved by a majority vote of the commission.
(b)  The validity of an action of the commission is not affected by the fact that it is taken when a ground for removal of a commission member exists.
(c)  If the executive director has knowledge that a potential ground for removal exists, the executive director shall notify the presiding officer of the commission of the ground.  The presiding officer shall then notify the governor and the attorney general that a potential ground for removal exists.  If the potential ground for removal involves the presiding officer, the executive director shall notify the next highest ranking officer of the commission, who shall notify the governor and the attorney general that a potential ground for removal exists.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 3, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 259, Sec. 4, eff. Sept. 1, 1997.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 3, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0042. Conflict of Interest

Sec. 511.0042.  CONFLICT OF INTEREST.  (a)  A person may not be a member of the commission and may not be a commission employee employed in a "bona fide executive, administrative, or professional capacity," as that phrase is used for purposes of establishing an exemption to the overtime provisions of the federal Fair Labor Standards Act of 1938 (29 U.S.C. Section 201 et seq.), if:
(1)  the person is an officer, employee, or paid consultant of a Texas trade association in the field of county corrections; or
(2)  the person's spouse is an officer, manager, or paid consultant of a Texas trade association in the field of county corrections.
(b)  In this section, "Texas trade association" means a cooperative and voluntarily joined statewide association of business or professional competitors in this state designed to assist its members and its industry or profession in dealing with mutual business or professional problems and in promoting their common interest.
(c)  A person may not be a member of the commission or act as the general counsel to the commission if the person is required to register as a lobbyist under Chapter 305 because of the person's activities for compensation on behalf of a profession related to the operation of the commission.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 4, eff. Sept. 1, 1991.
Amended by:
Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 4, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.005. Presiding Officer; Assistant Presiding Officer

Sec. 511.005.  PRESIDING OFFICER;  ASSISTANT PRESIDING OFFICER.  (a)  The governor shall designate one member of the commission as the presiding officer of the commission to serve in that capacity at the pleasure of the governor.
(b)  The commission biennially shall elect from the membership an assistant presiding officer.  The assistant presiding officer serves in that capacity for a period of two years expiring February 1 of each odd-numbered year.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 5, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.006. Meetings; Rules

Sec. 511.006.  MEETINGS;  RULES.  (a)  The commission shall hold a regular meeting each calendar quarter and may hold special meetings at the call of the presiding officer or on the written request of three members.  If the presiding officer is absent, the assistant presiding officer shall preside at a meeting.
(b)  The commission shall adopt, amend, and rescind rules for the conduct of its proceedings.
(c)  The commission shall develop and implement policies that provide the public with a reasonable opportunity to appear before the commission and to speak on any issue under the jurisdiction of the commission.
Added by Acts 1989, 71st Leg., ch. 212, Sec. 2.01, eff. Sept. 1, 1989.  Amended by Acts 1991, 72nd Leg., ch. 740, Sec. 6, eff. Sept. 1, 1991.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0061. Use of Technology

Sec. 511.0061.  USE OF TECHNOLOGY.  The commission shall implement a policy requiring the commission to use appropriate technological solutions to improve the commission's ability to perform its functions.  The policy must ensure that the public is able to interact with the commission on the Internet.
Added by Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 5, eff. September 1, 2009.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.007. Compensation; Reimbursement

Sec. 511.007.  COMPENSATION;  REIMBURSEMENT.  A member of the commission is not entitled to compensation but is entitled to reimbursement for actual and necessary expenses incurred in performing official duties.
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 511.0072. Complaint Information

Sec. 511.0072.  COMPLAINT INFORMATION.  (a)  The commission shall maintain a system to promptly and efficiently act on complaints filed with the commission.  The commission shall maintain information about parties to the complaint, the subject matter of the complaint, a summary of the results of the review or investigation of the complaint, and its disposition.
(b)  The commission shall make information available describing its procedures for complaint investigation and resolution.
(c)  The commission shall periodically notify the complaint parties of the status of the complaint until final disposition unless the notice would jeopardize an investigation.
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 4, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0081. Advisory Committees

Sec. 511.0081.  ADVISORY COMMITTEES.  (a)  The commission by rule may establish advisory committees to make recommendations to the commission on programs, rules, and policies administered by the commission.
(b)  In establishing an advisory committee under this section, the commission shall adopt rules, including rules regarding:
(1)  the purpose, role, responsibility, goals, and duration of the committee;
(2)  the size of and quorum requirement for the committee;
(3)  qualifications for committee membership;
(4)  appointment procedures for members;
(5)  terms of service for members;
(6)  training requirements for members;
(7)  policies to avoid conflicts of interest by members;
(8)  a periodic review process to evaluate the continuing need for the committee; and
(9)  policies to ensure the committee does not violate any provision of Chapter 551 applicable to the commission or the committee.
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 5, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0085. Risk Factors; Risk Assessment Plan

Sec. 511.0085.  RISK FACTORS; RISK ASSESSMENT PLAN.  (a)  The commission shall develop a comprehensive set of risk factors to use in assessing the overall risk level of each jail under the commission's jurisdiction.  The set of risk factors must include:
(1)  a history of the jail's compliance with state law and commission rules, standards, and procedures;
(2)  the population of the jail;
(3)  the number and nature of complaints regarding the jail, including complaints regarding a violation of any required ratio of correctional officers to inmates;
(4)  problems with the jail's internal grievance procedures;
(5)  available mental and medical health reports relating to inmates in the jail, including reports relating to infectious disease or pregnant inmates;
(6)  recent turnover among sheriffs and jail staff;
(7)  inmate escapes from the jail;
(8)  the number and nature of inmate deaths at the jail, including the results of the investigations of those deaths; and
(9)  whether the jail is in compliance with commission rules, standards developed by the Texas Correctional Office on Offenders with Medical or Mental Impairments, and the requirements of Article 16.22, Code of Criminal Procedure, regarding screening and assessment protocols for the early identification of and reports concerning persons with mental illness or an intellectual disability.
(b)  The set of risk factors developed under this section may include the number of months since the commission's last inspection of the jail.
(c)  The commission shall use the set of risk factors developed under this section to guide the inspections process for all jails under the commission's jurisdiction by:
(1)  establishing a risk assessment plan to use in assessing the overall risk level of each jail; and
(2)  regularly monitoring the overall risk level of each jail.
Added by Acts 2009, 81st Leg., R.S., Ch. 1215 (S.B. 1009), Sec. 8, eff. September 1, 2009.
Amended by:
Acts 2019, 86th Leg., R.S., Ch. 1276 (H.B. 601), Sec. 22, eff. September 1, 2019.
Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 6, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0086. Risk-Based Inspections

Sec. 511.0086.  RISK-BASED INSPECTIONS.  (a)  The commission shall adopt a policy prioritizing the inspection of jails under the commission's jurisdiction based on the relative risk level of a jail.  The policy must require the commission to use the risk assessment plan established under Section 511.0085 to:
(1)  schedule announced and unannounced inspections of jails under the commission's jurisdiction; and
(2)  determine how frequently and intensively the commission conducts risk-based inspections.
(b)  The policy may provide for the commission to use alternative inspection methods for jails determined to be low-risk, including using abbreviated inspection procedures or other methods instead of conducting an in-person inspection.
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 7, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.00901. Duty Regarding Minimum Standards

Sec. 511.00901.  DUTY REGARDING MINIMUM STANDARDS.  (a)  The commission shall ensure that the minimum standards established under Section 511.009 take into consideration the needs and risks of the different types and sizes of jails under the commission's jurisdiction.
(b)  The commission shall, on an ongoing basis, review the minimum standards to identify any standards that do not account for the needs and risks of the different types and sizes of jails.  In conducting the review, the commission shall solicit feedback from a diverse collection of jails, including those of different types and sizes.
(c)  The commission shall revise any standards identified under Subsection (b) as the commission considers necessary.  In revising a standard, the commission shall consider:
(1)  establishing tiered or separate standards depending on the size, resources, or type of jail;
(2)  clarifying or amending existing standards; and
(3)  publishing guidance on the commission's rule interpretations.
(d)  The commission may not lower any standard in effect on September 1, 2021, as a result of a review conducted under this section.
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.00902. Reinspection

Sec. 511.00902.  REINSPECTION.  The commission shall adopt rules and procedures for reinspecting a jail following a determination by the commission that the jail is not in compliance with minimum standards. The rules and procedures must require the commission to:
(1)  reinspect all jails not in compliance;
(2)  establish a percentage of reinspections for which the commission shall assess the jail's compliance with all minimum standards, regardless of whether the jail was in compliance with a  particular standard during the previous inspection; and
(3)  randomly select the jails subject to a reinspection described by Subdivision (2).
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.00903. Inspection Trend Analysis

Sec. 511.00903.  INSPECTION TREND ANALYSIS.  The commission shall regularly analyze data collected during inspections or reported to the commission under this chapter to identify trends in noncompliance, inspection outcomes, serious incidents, and any other related area of jail operations.
Added by Acts 2021, 87th Leg., R.S., Ch. 254 (H.B. 1545), Sec. 9, eff. September 1, 2021.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.00905. Jail Administrator Position; Examination Required

Sec. 511.00905.  JAIL ADMINISTRATOR POSITION; EXAMINATION REQUIRED.  (a)  The Texas Commission on Law Enforcement shall develop and the commission shall approve an examination for a person assigned to the jail administrator position overseeing a county jail.
(b)  The commission shall adopt rules requiring a person, other than a sheriff, assigned to the jail administrator position overseeing a county jail to pass the examination not later than the 180th day after the date the person is assigned to that position.  The rules must provide that a person who fails the examination may be immediately removed from the position and may not be reinstated until the person passes the examination.
(c)  The sheriff of a county shall perform the duties of the jail administrator position at any time there is not a person available who satisfies the examination requirements of this section.
(d)  A person other than a sheriff may not serve in the jail administrator position of a county jail unless the person satisfies the examination requirement of this section.
Added by Acts 2017, 85th Leg., R.S., Ch. 950 (S.B. 1849), Sec. 4.01, eff. September 1, 2017.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0091. Fees; Inspection Account

Sec. 511.0091.  FEES;  INSPECTION ACCOUNT.  (a)  The commission shall set and collect reasonable fees to cover the cost of performing the following services for municipal jails operated for a municipality by a private vendor or for county jails, whether financed, purchased, designed, constructed, leased, operated, maintained, or managed for the county by a private vendor or provided entirely by the county:
(1)  review of and comment on construction documents for new facilities or expansion projects;
(2)  performance of occupancy inspections;  and
(3)  performance of annual inspections.
(b)  The commission may collect a fee under Subsection (a)(1) only for the review of and comment on construction documents for a jail for which the commission projects:
(1)  a rated capacity of 100 or more prisoners;  and
(2)  an annual average jail population of prisoners sentenced by jurisdictions other than the courts of this state that is 30 percent or more of the total population of the jail.
(c)  The commission may collect a fee under Subsection (a)(2) or (a)(3) only for the performance of an inspection of a jail that during the year in which the inspection is performed:
(1)  has a rated capacity of 100 or more prisoners;  and
(2)  the commission projects as having an annual average jail population of prisoners sentenced by jurisdictions other than the courts of this state that is 30 percent or more of the total population of the jail.
(c-1)  In addition to the other fees authorized by this section, the commission may set and collect a reasonable fee to cover the cost of performing any reinspection of a municipal or county jail described by Subsection (a) that is conducted by the commission:
(1)  following a determination by the commission that the jail is not in compliance with minimum standards; and
(2)  in response to a request by the operator of the jail for an inspection.
(d)  All money paid to the commission under this chapter:
(1)  is subject to Subchapter F, Chapter 404; and
(2)  shall be deposited to the credit of a special account in the general revenue fund to be appropriated only to pay costs incurred by the commission in performing services under this section.
Added by Acts 1991, 72nd Leg., ch. 740, Sec. 9, eff. Sept. 1, 1991.  Amended by Acts 1997, 75th Leg., ch. 259, Sec. 8, eff. Sept. 1, 1997.
Amended by:
Acts 2005, 79th Leg., Ch. 359 (S.B. 1264), Sec. 1, eff. September 1, 2005.
2023 Texas Statutes › Government Code › Title 4 - Executive Branch › Subtitle G - Corrections › Chapter 511 - Commission on Jail Standards › Section 511.0093. Rules and Fees Related to Out-of-State Inmates

Sec. 511.0093.  RULES AND FEES RELATED TO OUT-OF-STATE INMATES.  (a)  The commission may impose a fee on a private vendor that operates a correctional facility housing prisoners from jurisdictions other than this state.  The fee must reasonably compensate the commission for the cost of regulating and providing technical assistance to the facility.
(b)  The commission may adopt rules regulating the number of federal prisoners and prisoners from jurisdictions other than Texas that are housed in a county jail, a municipal jail, or a correctional facility operated by a private vendor under contract with a municipality if the jail or correctional facility houses state, county, or municipal prisoners or prisoners of another state of the United States.
(c)  The commission may adopt other rules regulating jails or correctional facilities described by Subsection (b) as necessary to protect the health and safety of prisoners described by Subsection (b), local and Texas prisoners, jail personnel, and the public.
Added by Acts 1997, 75th Leg., ch. 259, Sec. 9, eff. Sept. 1, 1997.